This article is intended to clarify the meaning of specific
terms used throughout the Town of Bel Air Development Regulations.
The meaning and construction of words and phrases defined in this
article apply throughout the Development Regulations, except where
the context clearly indicates a different meaning or construction.
Any word or term not defined in this article shall have the ordinarily
accepted definition as set forth in the most recent edition of Webster's
International Dictionary of the English Language.
The following definitions shall be used in the interpretation
and construction of the Development Regulations:
The relinquishment of the right to use or cessation of the
use of property for a period of one year or more.
To physically touch, border upon or share a common property
line.
A means of vehicular or pedestrian approach, entry to or
exit from a property.
A subordinate structure detached from, but located on the
same lot as, a principal building, the use of which is incidental
to that of the principal structure.
[Amended 4-3-2017 by Ord.
No. 780-17]
A use that is customarily incidental and subordinate to the
principal use of the land or of a building on the same lot.
Any construction that increases the size of a building.
To be situated near, but not necessarily touching, a common
property line (i.e., separated by a street, alley or highway).
As applied to development review, land which shares a common
property line, property that would be adjoining but for an intervening
easement or road and property that would be adjoining but for intervening
property owned by the applicant or an entity controlled by the applicant.
[Added 10-21-2019 by Ord.
No. 794-19]
An entity or establishment that, as its principal business
purpose, offers for sale, rental, exhibition or viewing any printed,
recorded, digitally analogued or otherwise viewable matter, any kind
of sexual paraphernalia or any kind of live performance, entertainment
or exhibition that depicts, describes or relates to sexual conduct,
sexual excitement or sadomasochistic abuse. For purposes of this definition,
"sexual conduct" means human masturbation, sexual intercourse, or
the touching of or contact with genitals, pubic areas or buttocks
of a human, or the breasts of a female, whether alone or between members
of the same or opposite sex, or between humans and others; "sexual
excitement" means the condition of human genitals, or the breasts
of a female, when in a state of sexual stimulation, or the sensual
experiences of humans engaging in or witnessing sexual conduct or
nudity; and "sadomasochistic abuse" means flagellation or torture
by or upon a human who is nude or clad in undergarments or in a revealing
or bizarre costume, or the condition of one who is nude or so clothed
and is being fettered, bound or otherwise physically restrained. "Adult
entertainment center" includes an adult bookstore.
[Amended 4-3-2017 by Ord.
No. 780-17]
The removal of an existing forest in accordance with an approved
forest conservation plan according to procedures set forth in the
Maryland Forest Conservation Technical Manual.
[Added 7-17-2023 by Ord. No. 813-23]
A sales price or rent within the means of a low- or moderate-income
household, as defined by state or federal legislation.
[Amended 7-17-2023 by Ord. No. 813-23]
The establishment of a forest on an area from which forest
cover has been absent for a long period of time in accordance with
an approved forest conservation plan or landscape plan; planting of
open areas which are not presently in forest cover in accordance with
an approved forest conservation plan or landscape plan; or establishment
of a forest in accordance with an approved forest conservation plan
or approved landscape plan according to procedures set forth in the
Maryland Forest Conservation Technical Manual.
[Amended 7-17-2023 by Ord. No. 813-23]
Use that serves to support agricultural production such as
timber processing, milling, canning and wool or textile processing.
[Added 4-3-2017 by Ord.
No. 780-17]
That portion of a parking area reserved for ingress and egress
of vehicles to/from parking spaces; not to include any portion of
street rights-of-way.
A public or private way, other than a street, affording secondary means of access to the side or rear of abutting properties as defined in § 165-118D.
[Amended 7-17-2023 by Ord. No. 813-23]
To change the exterior appearance or supporting members of
a structure, such as bearing walls, columns or beams, or to modify
the area frontage or depth of a lot, landscaped open space or parking
area.
An establishment or arcade offering five or more amusement
devices, including but not limited to coin-operated electronic games,
shooting galleries, table games, computer games, pool/billiards, movie
theater and similar amusement diversions, within an enclosed building.
[Amended 4-3-2017 by Ord.
No. 780-17]
Any animal that has been bred and/or raised to live in or
about the habitation of humans and is dependent on people for food
and shelter.
[Amended 7-17-2023 by Ord. No. 813-23]
Any animal customarily raised in an agricultural setting,
including but not limited to pheasants, cows, livestock, chinchillas,
horses, goats, sheep, pigs and other similar animals and fowl.
[Amended 7-17-2023 by Ord. No. 813-23]
A structure containing three or more dwelling units with
a common entrance or access. (See "dwelling, multifamily.")
[Amended 4-3-2017 by Ord.
No. 780-17]
The agency, board, commission, group or other legally designated
individual or agency that has been charged with the review and approval
of plans and applications.
[Amended 7-17-2023 by Ord. No. 813-23]
The visible, functional or ornamental objects accessory to
the environmental setting of a structure. These include paving, trees,
landscaping, waterways, etc.[1]
Ornamentation or decorative features attached to or protruding
from an exterior wall.
A facility that provides supervision, monitoring or assistance
with the activities of daily living for elderly or disabled persons
in a residential setting.
Average number of cars per day that pass over a given point.
A roof-like cover, often of fabric, metal or glass, designed
and intended for protection from the weather or as a decorative embellishment
and which projects from a wall or roof of a structure over a window,
walk, door or the like.
A building or establishment maintained in whole or in part
as rental space for the purpose of private events where access by
the general public is restricted.
[Added 4-3-2017 by Ord.
No. 780-17; amended 7-17-2023 by Ord. No. 813-23]
A portion of an establishment where the sale or dispensing
of liquor by the drink for on-site consumption is undertaken and considered
separate from dining, dancing and banquet areas.
[Amended 4-3-2017 by Ord.
No. 780-17]
The elevation at which a flood has a one-percent chance of
being equaled or exceeded in any given year.
A portion of a building located partly or entirely underground
but having no more than 1/2 of its floor-to-ceiling height above the
average grade of the adjoining ground.
[Amended 4-3-2017 by Ord.
No. 780-17]
A dwelling containing no more than nine beds, where lodging
is offered to the traveling public for temporary occupancy of 30 days
or less, and where breakfast is provided as part of the room rental
charges.
[Amended 4-3-2017 by Ord.
No. 780-17; 7-17-2023 by Ord. No. 813-23]
An earthen mound formed to obstruct undesirable views or
noise as a buffer.
A combination of conservation measures, structures or management
practices that reduces or avoids adverse impacts of development on
adjoining sites, land, water or waterways and controls soil loss and
reduces water quality degradation caused by nutrients, animal waste,
toxins and sediment.
A tract of land bounded by a combination of streets and/or
public parks, cemeteries, rights-of-way, waterways, or boundaries
of the Town or any other barrier to the continuity of development.
A dwelling unit, other than in a hotel, motel, group home,
halfway house, apartment building or facility for foster care in which
lodging and meals are provided in a communal setting for compensation
to minimum of four and not exceeding nine adult persons not related
to the owner by blood, marriage or adoption with a minimum occupancy
exceeding 30 days.
[Amended 4-3-2017 by Ord.
No. 780-17; 7-17-2023 by Ord. No. 813-23]
A skin-penetrating adornment procedure which involves piercing
or entering the skin or the mucous membrane of an individual for the
purpose of inserting pigmented patterns, jewelry or other forms of
body decoration. "Body piercing" includes skin-penetrating body adornment
procedures and tattooing, but does not include piercing of an earlobe
using a properly disinfected ear-piercing gun and single-use, sterile
studs and clutches.
A landscaped area intended to separate and partially obstruct
the view of two adjacent land uses or properties from one another.
See "screening."
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter, storage, or enclosure
of any person, animal, process, equipment, or goods and materials
of any kind or nature. Where divided by party walls, each portion
shall be deemed a separate building.
BUILDING AREA (ENVELOPE) The area of a lot remaining for buildings and structures after the minimum yard, open space, floodway and other development constraints have been excluded.
[Amended 7-17-2023 by Ord. No. 813-23]
BUILDING COVERAGETotal square footage of a lot covered by a building.
[Amended 7-17-2023 by Ord. No. 813-23]
 Figure 165-104.I
|
BUILDING FRONTAGEThat portion of a structure extending along a street.
BUILDING FRONTAGE, MULTIPLEThat portion of a structure extending along two or more streets.
BUILDING FRONTAGE, PRIMARYThat portion of a structure extending along a street and containing the major entrance(s) to the structure.
BUILDING, HEIGHT OFThe vertical distance to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the average point with grade as measured along the perimeter of the structure.
[Amended 7-17-2023 by Ord. No. 813-23]
 Figure 165-104.II
|
BUILDING LINEA building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a structure cannot extend.
BUILDING, PRINCIPALThe primary building on a lot, or a building that contains a principal use.
The administrative official charged with enforcement of the Building Code as described in Chapter 145, Building Construction, of the Bel Air Town Code.
A facility dedicated to the startup and growth of small businesses,
accomplished through management and facility support systems. For
purposes of this definition, "management support systems" includes
access to professional advice, information on small business regulations,
management, advertising, promotion, marketing, sales, inventory, employees,
labor relations and financial counseling. "Facility support systems"
includes clerical and reception staff, cleaning and building security
and access to copy and facsimile machines, computers, faxes and other
electronic equipment.
Services rendered to a business establishment or individual
on a fee or contract basis, including, but not limited to, actuarial,
advertising, credit reporting, janitorial, secretarial/stenographer
services, computer and data-processing services, photofinishing, broker
services, window cleaning, blueprinting and photocopying, tag and
title services, telephone sales and other similar general office services.
A business service establishment consisting of five or more
full-time equivalent employees.
Establishments or places of business engaged in the provision
of services used by office, professional and service establishments.
Typical uses include blueprint/photocopying, janitorial services,
photo finishing, window cleaning, protective services and other similar
services.
The diameter of a tree trunk measured in inches, six inches
above ground level for trees up to four inches in diameter and 12
inches above ground level for trees over four inches in diameter.
(See also "DBH.")
 Figure 165-104.III
|
A business licensed or registered by the Maryland Cannabis
Administration to operate in the cannabis industry. This definition
includes dispensary, grower and processor as defined by the State
of Maryland.
[Added 7-17-2023 by Ord. No. 813-23]
A fixed roof-like structure, other than an awning, which
projects from a wall of a building and extends along all or a majority
of the wall's length to provide shelter over an entryway or walkway.
An area of land or a structure with machine- or hand-operated
facilities used principally for the cleaning, polishing, washing or
hand washing of motor vehicles.
A service providing meals and/or refreshments for public
or private entertainment for a fee.
A grouping of mailboxes at a central location to serve several
units within a development.
See Town Code Chapter 450, Vehicles and Traffic.
[Amended 4-3-2017 by Ord.
No. 780-17]
See Town Code Chapter 450, Vehicles and Traffic.
[Amended 4-3-2017 by Ord.
No. 780-17]
Any device used to collect or radiate electromagnetic waves
including directional and omnidirectional antenna, whip, dish or panel
not exceeding six feet in height attached to a tower, pole or structure.
[Added 4-3-2017 by Ord.
No. 780-17]
Tower, pole structure or platform that holds antenna or antennas,
used for cellular communications or similar uses exceeding 35 feet
in height.
[Amended 4-3-2017 by Ord.
No. 780-17]
The citizens of the Town of Bel Air.
A building used for public, cultural, educational, recreational,
or civic purposes, usually owned and operated by a public or nonprofit
group or agency.
[Amended 4-3-2017 by Ord.
No. 780-17]
A group housing facility intended to provide temporary board,
lodging and personal services to homeless persons and those requiring
protection from physical or psychological harm.
[Amended 4-3-2017 by Ord.
No. 780-17]
The characteristics of different uses or activities that
permit them to be located near each other in harmony and without conflict.
Elements affecting compatibility include density; floor area ratio;
pedestrian or vehicular traffic generated; volume of goods handled;
and such environmental effects as noise, vibration, glare, air pollution,
or radiation.
The currently adopted version of the Town of Bel Air Comprehensive
Plan.
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
for the purpose of discussion and classification.
Any temporary structure to conduct business, trade, or occupation,
or for use as a selling or advertising device, and so designed that
it is or may be mounted on wheels and used as a conveyance on highways
and streets, propelled or drawn by its own or other motor power.
[Amended 7-17-2023 by Ord. No. 813-23]
The performance of work by, or furnishing of supplies to,
members of building trades, including building contractors; carpentry
and wood flooring services; electrical services; energy systems services
and products; general contracting; masonry, stonework, tile setting
and plastering services; plumbing, heating and air-conditioning services;
roofing and sheet metal services; and other such services.
Next to, abutting or touching and having a boundary or portion
thereof which is common or coterminous.[2]
A retail store generally containing less than 5,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages, and other household supplies to customers. It is
designed to attract a large volume of stop-and-go traffic. Illustrative
examples of convenience stores are those operated by the "7-11" and
"Royal Farm Store" chains.
[Amended 7-17-2023 by Ord. No. 813-23]
A business which offers general office space and attendant
support services for those businesses located within the center.[3]
[Amended 4-3-2017 by Ord.
No. 780-17]
An open, unoccupied and unobstructed space on the same lot
with and bounded on two or more sides by the walls of a building.
"Outer court" is a court having at least one side thereof opening
onto a street, alley, yard, or other permanent open space.
A private club or social organization established for some
common objective, including fellowships, societies, lodges, brotherhoods,
fraternal orders, sisterhoods and sororities, and recreation structures
and areas operated by such associations for the benefit of the membership.
[Added 7-17-2023 by Ord. No. 813-23]
A building fitted with the proper appliances for the purposes
of cremation of human remains.
The area around the trunk of a tree where the bulk of the
root system is located. This area is measured as a circle around the
tree trunk one foot in radius for each one inch in tree diameter at
breast height (DBH).
[Amended 4-3-2017 by Ord.
No. 780-17]
A roadway or street passageway through a block at ground
level or overhead, designed exclusively for pedestrians.
A person, agency or institution licensed by the state to
provide day care for no more than eight unrelated individuals in a
residence for a portion or all of a day and on a regular schedule
more often than once a week.
A person, agency or institution licensed by the state to
provide group care in a residence for between nine and 12 adults or
children who do not all have the same parentage, or care of 13 or
more adults or children in facilities other than a private home setting,
for a portion or all of a day and on a regular schedule more often
than once a week.
The diameter of a tree trunk measured at 4.5 feet from grade
level. Where the trunk splits into two or more trunks below the 4.5
foot from grade level, then each trunk is measured individually at
4.5 feet from grade level.
[Amended 7-17-2023 by Ord. No. 813-23]
An open, above-grade platform or structure immediately adjacent
or attached to the principal structure. The structure may be covered
with a roof or similar covering and/or screened.
The deliberate removal or destruction of the frame or foundation
of any portion of a building or structure, including willful neglect
on the maintenance and repair of a structure.
The number of dwelling units permitted per acre.
The construction, reconstruction after demolition of more
than 50% of an existing structure, conversion, relocation or enlargement
of any structure; the division of a parcel of land into two or more
parcels; and any use or extension of the use of land.
[Amended 4-3-2017 by Ord.
No. 780-17]
A document outlining the Town of Bel Air Zoning, Signage
and Subdivision Regulations.
Regulations and requirements addressing specific needs and
concerns for provision of facilities, protection of environmental
and other resources, and fulfillment of goals of the Town of Bel Air
Comprehensive Plan. These are in addition to specific regulations
for individual zoning districts.
A portion of the incorporated territory of the Town of Bel
Air within which certain uniform zoning regulations and requirements
or various combinations thereof apply under the provisions of this
chapter.
A building on or near a school campus designed to accommodate
students actively attending the school.
[Added 4-3-2017 by Ord.
No. 780-17]
The removal of surface water or groundwater from land by
drains, grading or other means.
Vertical line extending from the outermost tree canopy to
the ground.
An establishment that, by design, physical facilities, service
or by packaging procedures, encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
An accessway for cars leading from a street or alley to a
garage, house, group of houses, or business.
A durable surface which is paved with bituminous concrete,
portland cement, bituminous tar and chip or similar material acceptable
to the Director of Public Works.
A structure or portion thereof that is used exclusively for
human habitation, but not including a tent, cabin, trailer, recreational
vehicle, or a room in a hotel.
[Amended 4-3-2017 by Ord.
No. 780-17]
DWELLING, ACCESSORYAn independent dwelling which is occupied for a period exceeding 30 days located on the same lot and accessory to a primary residential dwelling. An accessory dwelling is typically located on a single-family detached lot.
[Added 7-17-2023 by Ord. No. 813-23[4]]
DWELLING, MULTIFAMILYThree or more dwelling units with common access constructed on a permanent foundation, designed for three or more families and located on a single lot or parcel.
DWELLING, SEMIDETACHEDA building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof and which are on separate lots.
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
DWELLING, TOWNHOUSEA single-family attached dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside.
DWELLING, TWO-FAMILYA building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling or floor extending from exterior wall to exterior wall, except for common stairwells exterior to both dwelling units; does not include semidetached dwellings.
One or more rooms physically arranged so as to create an
independent housekeeping establishment consisting of a separate kitchen
or cooking facility and provisions for living, sleeping, eating and
sanitation.
A right of use over the property of another.
A substation whose purpose is to transform voltage to a level
so this power can be consumed in the general vicinity of the substation.
A facility that stocks and supplies electronics and associated
equipment for distribution or installation.
[Added 4-3-2017 by Ord.
No. 780-17]
An area with one or more of the following environmental characteristics:
Steep slopes;
Floodplains;
Soils classified as having high-water tables;
Soils classified as highly erodible, subject to erosion, or
highly acidic;
Land formerly used for landfill operations or hazardous industrial
use;
Stream corridors;
Mature stands of native vegetation;
Wetlands and wetland transition areas; and
Habitats of endangered species.
[Amended 7-16-2012 by Ord. No. 753-12; 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
Persons related by blood, marriage, or adoption including
immediate family and extended to include aunt/uncle, grandmother/grandfather
or cousins.
[Added 7-17-2023 by Ord. No. 813-23]
Persons related by blood, marriage or adoption limited to
mother/father, sister/brother or son/daughter.
[Added 7-17-2023 by Ord. No. 813-23]
Capable of being accomplished in a successful manner after
a reasonable period of time, taking into account economic, environmental,
social and technological factors.
A building equipped to process agricultural products such
as grain into flour, meal or feed products.
[Added 4-3-2017 by Ord.
No. 780-17]
The arrangement of windows and architectural details on a
building.
A residential structure or group of residential structures
with four or more dwelling units, each of which is intended for, and
occupied by, at least one individual 55 years of age or older.
The last unappealable decision.
A facility, including health clubs and athletic clubs, that
is equipped for the conduct of sports, exercise, leisure-time activities
or other customary recreational activities.
Fabric or other flexible material, usually rectangular and
of distinctive design used as a symbol, such as for a nation, state,
locality, organization, or political cause.
[Added 7-17-2023 by Ord. No. 813-23]
Any floodplain referenced in a floodplain ordinance for the
purpose of applying floodplain regulations. (See "one-hundred-year
floodplain.")
The channel of a stream or watercourse and the adjacent land
areas that must be reserved to discharge the one-percent-probability
flood without cumulatively increasing the water surface elevation
more than a designated height, generally one foot.
The sum of all horizontal areas of all floors of a building,
measured from the exterior faces of the exterior walls or from the
center line of walls separating two buildings, but excluding any space
where the floor-to-ceiling height is less than six feet.
[Amended 4-3-2017 by Ord.
No. 780-17]
The total of all floor areas of a building, excluding vestibules,
elevator shafts, janitorial closets, mechanical/electrical rooms,
interior vehicular parking and loading. Multi-tenant buildings also
exclude stairwells, common hallways, common restrooms and common reception
areas.
[Amended 4-3-2017 by Ord.
No. 780-17]
A standard measurement of illumination over a surface area
of one square foot.
A plan approved pursuant to the Natural Resources Article of the Annotated Code of Maryland, and Chapter 216, Forest Conservation, of the Bel Air Town Code.
[Amended 4-3-2017 by Ord.
No. 780-17; 7-17-2023 by Ord. No. 813-23]
The methodology for evaluating and documenting for approval
the existing vegetation on a site proposed for development, as provided
in the Forest Conservation Technical Manual, which must be updated
during any subsequent development review process on the site occurring
more than five years from the date of prior approval for the FSD.
[Amended 7-17-2023 by Ord. No. 813-23]
A person or group of persons who engage in the practice or
profess to practice the business or act of prophecy, intuitive counseling,
cartomancy, divination, clairaudience, necromancy, astrology, phrenology,
life reading, fortune-telling, clairvoyance, crystal gazing, palmistry,
numerology, or reading of tarot or similar cards for any form of compensation.
[Added 5-2-2011 by Ord. No. 741-11]
Any/all sides of a lot abutting on a street.
The side of a structure that provides the main access for
the use or tenant space.
Any premises or units where gasoline, propane, natural gas
or other petroleum products are stored in bulk for the purpose of
sale or distribution.
The number of persons necessary for forty-hour-a-week coverage
is equal to one full-time employee.
An accessory building or portion of a main building designed,
arranged, or used primarily for the housing or storage of private
motor vehicles.
A building or portion thereof, other than an automobile salesroom,
used or held out for the housing or storage of six or more motor vehicles,
where service or repair facilities, if any, are incidental to the
principal use of storage. A public garage may be a principal or accessory
use.
Any use over 5,000 square feet characterized by the sale
of bulky items and/or outside display/storage of merchandise or equipment,
such as lumber and building materials, farm and garden supplies, marine
equipment sales and service and stone monument sales.
[Amended 7-17-2023 by Ord. No. 813-23]
A substantial and compelling reason or reasons to be used
as a basis to permit modification to a provision of the Development
Regulations or to grant an extension of a prior approval.
Building design that yields environmental benefits, such
as savings in energy, building materials, water consumption or reduced
waste generation.
A building used for the cultivation and sale of plants grown
on the premises or as nursery stock and for accessory items directly
related to plant care and maintenance, such as pots, soil, mulch,
fertilizers, insecticides, rakes or shovels.
[Amended 4-3-2017 by Ord.
No. 780-17]
A low-growing perennial plant with a mature height of six
inches to 18 inches.
A nonprofit residential facility other than a halfway house,
or a community shelter in which more than nine but not more than 16
unrelated persons with developmental disabilities, mental disorders
or those in recovery from addiction as defined in the State of Maryland
Code, Health-General Article, live together and maintain a common
household.
[Amended 9-16-2019 by Ord. No. 792-19]
A nonprofit residential facility other than a halfway house,
or a community shelter in which more than three but not more than
nine unrelated persons with developmental disabilities, mental disorders
or those in recovery for addiction as defined in the State of Maryland
Code, Health-General Article, live together and maintain a common
household.
[Added 9-16-2019 by Ord.
No. 792-19]
The period of consecutive frost-free days as stated in the
current soil survey for this county published by the National Cooperative
Soil Survey Program, 16 U.S.C. Chapter 3B, generally the period from
April through November.
[Amended 4-3-2017 by Ord.
No. 780-17]
Actual living space of the principal use and structure, not
including basements (even if improved), porches, decks, garage areas
or other accessory uses or structures.
[Amended 7-17-2023 by Ord. No. 813-23]
A dwelling unit or part thereof in which lodging, meals and
some combination of personal care, social or counseling services,
or transportation are provided in exchange for compensation to three
or more persons in the custody of the state or federal correctional
or juvenile justice systems.[5]
Area designed to accommodate touchdown and liftoff of helicopters
for the purpose of picking up or discharging passengers, patients
or cargo.
[Added 4-3-2017 by Ord.
No. 780-17]
Any thoroughfare, freeway, or arterial carrying traffic,
including any thoroughfare having a Maryland primary highway number
or a United States highway number.
A group of properties officially designated by the Board of Town Commissioners as an historic area within predetermined boundaries having historic significance as defined in Chapter 246, Historic Preservation, of the Bel Air Town Code.
An individual property officially designated by the Board of Town Commissioners as having historic significance as defined in Chapter 246, Historic Preservation, of the Bel Air Town Code.
A structure of historical, architectural, archeological,
or cultural significance which is eligible for designation on the
National or State Register of Historic Places, as a Harford County
landmark or as a Bel Air historic site or district.
Any activity carried out for gain by a resident and conducted
as a customary, incidental and accessory use in the resident's dwelling
unit. A home occupation may include a for-profit home business or
home office for a resident who may work for another employer or contract
or consult with another company or individual. A home occupation does
not include goods, wares or merchandise offered, displayed or kept
for sale within the dwelling unit. For purposes of this chapter, "home
occupation" shall include the following:
Artists not employing industrial fabrication techniques.
Authors and writers.
Dressmakers, seamstresses and tailors.
Model making, weaving, custom woodworking and other home crafts
not involving industrial fabrication techniques.
Music and dance teachers having classes of fewer than four pupils
at any one time.
Offices of a person practicing a trade/profession from a residence.
Repairs of bicycles (but no other vehicles), cameras, clocks,
jewelry and small appliances not involving industrial fabrication
techniques.
Tutoring or instruction of fewer than four pupils at any one
time.
Other uses as may be found by the reviewing authority to be
consistent with the purpose of the district in which the use is located.
[Amended 4-3-2017 by Ord.
No. 780-17]
An institution providing inpatient health care services and
medical or surgical care, including general hospitals and specialized
medical institutions.
A building in which lodging and/or boarding is provided for
compensation and in which access to and from all rooms is made through
an inside lobby or office.
A building, structure or group of buildings or structures
that, by design and construction, are primarily intended for conducting
organized religious services and associated accessory uses.
Lighting that travels directly from its source to the viewers
eye.
Lighting cast upon an opaque surface from a concealed source.
Costs imposed on new development to fund public facility
improvements required by new development and to ease fiscal burdens
on localities.
Any surface through which rainfall cannot pass or be effectively
absorbed (roads, bridges, paved parking lots, sidewalks, etc.).
Includes but is not limited to the following: a street pavement,
with or without curbs and gutters; sidewalks; crosswalks; water and
gas mains and other public utilities; sanitary sewers and storm drains,
with appurtenant construction; street trees; street signs.
An establishment primarily engaged in manufacturing, construction,
communication, transportation, electric, gas or sanitary services,
and/or wholesale trade.
Construction of any residential, commercial, institutional
or industrial structure located in an existing developed area.
Water- and sewer lines, roads, schools and other public facilities
needed to support developed areas.
A for-profit educational facility offering classes to the
public. Such facilities include, but are not limited to, martial arts,
drivers education, real estate classes, arts and crafts classes and
computer classes.
The crossing of two or more roads at grade.
An area within a right-of-way or parking area upon which
vehicular traffic may not traverse. The area is to provide for pedestrian
safety, separation of vehicles and/or landscaping and is formed by
curbing or painted markings.
See Town Code Chapter 272.
[Added 4-3-2017 by Ord.
No. 780-17]
Any area where waste or scrap material, including but not
limited to scrap iron and other metals, paper, rags, rubber tires
and bottles, is bought, sold, exchanged, baled, packed, stored, disassembled
or handled, but not including areas where such uses are conducted
entirely within a completely enclosed building. Not included are pawnshops
and establishments for the sale, purchase or storage of used furniture
and household equipment, used cars in operable condition, salvaged
machinery and the processing of used, discarded or salvaged materials
as part of manufacturing operations.
An establishment, not part of an agricultural use, in which
six or more domestic animals, such as cats, dogs and other pets, more
than six months old are kept, groomed, bred, boarded or trained.
A structure with significant historic, architectural or cultural
meaning or importance.
A public or private nonprofit organization which holds conservation
easements donated for the purpose of open space preservation or forest
conservation.
The Green Building Rating System, which is a nationally accepted
bench mark for design, construction and operation of high-performance
green buildings.
The total floor area designed for owner or tenant occupancy
and exclusive use. It is expressed in square feet, measured from the
center lines of joint partitions and exteriors of outside walls.
[Amended 4-3-2017 by Ord.
No. 780-17]
A measurement tool designed to calculate the maximum number of vehicles that have a reasonable expectation of passing over a given section of roadway or through an intersection in a given period of time under prevailing roadway and traffic conditions. For purposes of this Part 2, "level of service" is categorized in a series of letter grades, "A" through "F." Level of Service "A" denotes the best traffic conditions while Level of Service "F" indicates gridlock.[7]
A retail establishment that sells packaged liquor, wine or
beer for consumption off premises which possesses the appropriate
license from the State of Maryland or more than 50% of all sales are
for alcoholic beverages or related items.
[Added 4-3-2017 by Ord.
No. 780-17; amended 7-17-2023 by Ord. No. 813-23]
The Board of Town Commissioners for Bel Air.
A lot, premises, building, structure, wall or any place whatsoever
upon which development of any type regulated by the Development Regulations
is proposed or exists.
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used, developed
or built upon.
[Amended 7-17-2023 by Ord. No. 813-23]
LOT AREAThe total horizontal area located within the property lines.
 Figure 165-104.IV
|
LOT, CORNERA lot situated at the intersection of two or more streets or upon two parts of the same street forming an interior angle of 135° or less.
LOT DEPTHThe average horizontal distance between the front lot line and the rear lot line or other parallel lot line of a lot, measured within the lot boundaries.
LOT, DOUBLE FRONTAGEA lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
LOT FRONTAGEThat portion of a lot extending along a public or private street.
LOT, INTERIORAny lot other than a corner lot.
LOT LINEA line of record bounding a lot which divides one lot from another lot or from a public or private street or waterway or any other public space. When a lot line is curved, all dimensions related to said lot line shall be based on the chord of the arc.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way. On a through lot, both lines adjacent to the street shall be deemed front lot lines. On a corner lot, all lot lines which are also a street right-of-way line shall be considered front lot lines.
LOT, MULTI-FRONTEDA lot having frontage on three or more streets, as distinguished from a corner lot, a double frontage lot or a through lot.
LOT LINE, REARExcept in the case of corner lots or multi-fronted lots, the line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line connected to a front or rear lot line.
LOT LINE, STREET OR ALLEYAny lot line separating the lot from a street or alley.
LOT, PANHANDLEA lot with the appearance of a frying pan or flagstaff in which the handle is most often used as the point of access to a road.
LOT SIZE REQUIREMENTSRestrictions on the dimensions of a lot, to include a specified zoning district size, lot area and lot width, all established to limit the minimum size and dimension of a lot in a given zoning district.
LOT, THROUGHA lot having a pair of opposite lot lines along two more or less parallel public streets and which is not a corner lot.
LOT WIDTHThe width of the lot measured at right angles to its center line at the front building line.
Establishments engaged in the initial processing or treatment
of raw materials or manufacturing of products that require additional
processing, fabrication or assembly for ultimate use by the consumer.
These shall include, but not be limited to, chemical and allied products,
fabricated metal products, food and kindred products, lumber and wood
products, furniture stripping, machinery production, miscellaneous
manufacturing, paper and allied products, petroleum and coal products,
rubber and miscellaneous plastics, stone, clay and glass manufacturing
and transportation equipment manufacturing.
Establishments engaged in the manufacture of products for
final use or consumption. This usually involves the secondary processing,
fabrication or assembly of semifinished products from a primary manufacturing
industry. These shall include, but not be limited to, the following:
apparel and other textile manufacturing, furniture and fixtures, instruments
and related products, leather and leather products, office computing
and accounting equipment manufacturing.
A tree of any species which measures a minimum of 10 inches
in diameter at breast height (DBH) or greater.
Designing, construction, renovation and restoration projects
so that all reasonable opportunities for using building techniques
and treatments for reducing the carbon footprint of new development
are exhausted.[8]
The provision of medical, dental, surgical, or other health-related
services to individuals, including medical outpatient clinics, medical
laboratories, therapeutic massage, chiropractic clinics, osteopathic
clinics, dental clinics, dental laboratories, hospital supplies, opticians,
optometrists, or osteopaths.
[Amended 7-17-2023 by Ord. No. 813-23]
Facility used for the production of beer, hard cider, wine
or other alcoholic beverages where such beverages are brewed, fermented
or distilled for consumption on site, sale as packaged goods or distribution
wholesale and which possesses the appropriate license from the State
of Maryland.
[Added 4-3-2017 by Ord.
No. 780-17]
Facility that contains various sizes of individual compartmentalized
and controlled access stalls for the storage of customer's goods and
wares.
[Added 4-3-2017 by Ord.
No. 780-17]
Process or projects replacing lost or degraded resources,
such as wetlands or habitat, at another location.
A building, or group of buildings consisting of two or more
uses exceeding 10,000 square feet and developed as an integrated scheme
of development containing both commercial and residential floor space,
conceived and designed as a single environment in which both commercial
and residential amenities are provided.[9]
[Amended 7-17-2023 by Ord. No. 813-23]
A lot, building, premises or portion thereof, other than
a private or storage garage, designed or used for equipping, servicing,
repairing, hiring, selling, or storing motor-driven vehicles, including,
but not limited to, filling, repair and service stations, commercial
vehicle construction and industrial sales, service and storage facilities
from vehicle sales and service facilities, motor vehicle rental and
leasing facilities and public garages.
An area of a community with characteristics that distinguish
it from other areas and that may include distinct economic characteristics,
housing types or boundaries defined by physical barriers, such as
roads or natural features; for purposes of annexation and/or zoning
review, an area two blocks from the applicable site in all directions.
NONCONFORMING BUILDING OR STRUCTUREA legally preexisting building or structure that was lawful when constructed and continues to be lawful, even though it no longer conforms to the bulk area and/or setback requirements of the zone in which it is located because of the adoption or amendment of the Development Regulations or Zoning Maps.[10]
NONCONFORMING USEA legally preexisting use which was lawful when established and continues to be lawful, even though it no longer conforms to the requirements of the zone in which it is located because of the adoption or amendment of the Development Regulations or Zoning Maps.
All palustrine aquatic bed, palustrine emergent, palustrine
forested and palustrine scrub-shrub wetlands as defined by the United
States Fish and Wildlife Service, except tidal wetlands regulated
under Title 9 of the Natural Resources Article of the Annotated Code
of Maryland. These nontidal wetlands are lands where the water table
is usually at or near the surface (i.e., periodically saturated) or
areas where the substrate or soil is covered by shallow water at some
time during the growing season. They are further characterized by
one or both of the following two attributes:
A use providing bed care and inpatient services for persons
requiring regular medical attention, but excluding a facility providing
surgical or emergency medical services and excluding a facility providing
care for alcoholism, drug addiction, mental disease or communicable
disease.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
The channel and the relatively flat area adjoining the channel
of a natural stream or river that has been or may be covered by floodwater
which has a one-percent chance of being equaled or exceeded in any
given year.
Any area of land or water set aside, dedicated, designed,
or reserved for public or private use or enjoyment or for the use
and enjoyment of owners and occupants of land adjoining or neighboring
such open space.
An outdoor dining area or bar accessory to restaurant or
tavern located on the same property.
[Added 4-3-2017 by Ord.
No. 780-17]
Carnivals, craft shows, flea markets and similar events.
Tent sales, temporary sidewalk sales, Christmas tree sales,
flower sales, inventory reduction or liquidation sales, distressed
merchandise sales, seasonal merchandise sales, yard sales or similar
short-term events.
A specially mapped district which is subject to supplementary
regulations or requirements for development.
Any contiguous area, site, or portion of land under common
ownership.[11]
A documented analysis, prepared by a professional transportation
consultant or engineer, delineating the effects of a development on
area parking facilities based on the parking needs generated by the
proposed use.
An off-street parking structure or surface lot used for the
daily or long-term storage of motor vehicles, with payment of a fee.
[Amended 4-3-2017 by Ord.
No. 780-17; 11-1-2021 by Ord. No. 806-21]
An off-street parking lot solely utilized by an adjacent use via a recorded easement or agreement for required spaces approved under § 165-51C(1).
[Added 11-1-2021 by Ord. No. 806-21]
An off-street parking structure or surface lot, other than
a private lot, that is available to the general public for use.
[Added 4-3-2017 by Ord.
No. 780-17]
A building or part of a building solely used or designed
to be used for the parking and storage of vehicles.
[Added 7-17-2023 by Ord. No. 813-23]
A minimum requirement or maximum allowable limit on the effects
of a use. Such standards are placed on individual uses in addition
to the general zoning requirements.
Any individual, corporation, incorporated association, firm,
partnership, sole proprietorship and any other recognized legal entity.
Establishments primarily engaged in providing services involving
the care of a person or his/her personal goods or apparel, including
catering, clothing alteration, formal wear/rental, funeral home/morticians,
interior decorating, pet grooming, photo studio, shoe repair and watch/jewelry
repair.
Retail establishment engaged in the preparation and sale
of prescription, nonprescription drugs, related health aids, and medical
equipment. Convenience goods are considered as accessory retail.
[Added 4-3-2017 by Ord.
No. 780-17]
The Town of Bel Air Planning Commission.
A deciduous tree at least two inches in caliper or greater,
an evergreen tree at least five feet in height, or a suitable shrub,
as approved by the Planning Commission.
A map showing the location, boundaries and ownership of individual
properties planned and developed as a single project.
A surveyor's precise drawing that fixes the locations and
boundaries of lots and streets.
Domestic fowl raised in confinement as a pet or for meat,
eggs or feathers.
[Added 7-17-2023 by Ord. No. 813-23]
A commercial use that designs, produces, or distributes printed
material.
[Added 4-3-2017 by Ord.
No. 780-17]
Professional service establishment consisting of three or
more professionals.
[Amended 4-3-2017 by Ord.
No. 780-17]
The service by members of any profession, including but not
limited to accountants, architects, lawyers, financial service practitioners,
insurance agents, engineers, real estate agents, travel agents or
social workers.
[Amended 7-17-2023 by Ord. No. 813-23]
The distance by which a sign, canopy, marquee, roofline and
the like extends over public property or beyond the building line.
Area encompassing all recorded properties and rights-of-way
proposed for development or supporting development.
[Added 7-17-2023 by Ord. No. 813-23]
Open to common use, whether or not government ownership is
involved.
A park, plaza, mural, sculpture, fountain, street furniture,
bas-relief, painting or similar decorative element which is located
in an area where the public is directly or indirectly invited to visit
or permitted to congregate.
A person regularly engaged in a business for pay or as a
means of livelihood for a minimum of three years, whether certified
or not.
Aspects of the economic, social and physical environment
that make a community a desirable place in which to live or do business.
See Town Code Chapter 450, Vehicles and Traffic.
[Amended 4-3-2017 by Ord.
No. 780-17]
An establishment providing completely enclosed recreational
activities. Accessory uses shall be permitted to include the preparation
and service of food and/or the sale of equipment related to enclosed
uses. Included in this definition shall be bowling, roller skating
or ice skating, laser tag, miniature golf, batting cage and related
athletic-oriented games, including arenas/stadiums.
[Amended 4-3-2017 by Ord.
No. 780-17]
An area free of buildings, except for rest rooms, dressing
rooms, equipment storage, maintenance building, open-air pavilions,
picnic grounds and similar structures, used primarily for recreational
activities.
A designated bin or container, of less than 200 square feet,
which accepts donations of used goods for recycling, resale or free
distribution.
[Added 7-17-2023 by Ord. No. 813-23]
A designated facility which accepts donations of used goods
for recycling, resale or free distribution.
[Amended 4-3-2017 by Ord.
No. 780-17]
Construction activity in a previously developed area including
the demolition, rehabilitation or structural alteration of an existing
structure. May also include the reconstruction of a structure after
demolition of less than 50% or reconstruction using 100% of the existing
foundation.
[Added 4-3-2017 by Ord.
No. 780-17]
The creation of a biological community dominated by trees
and other woody plants containing at least 100 live trees per acre,
with at least 50% of those trees having the potential of attaining
a two-inch or greater diameter, measured at 4.5 feet above the ground,
within seven years; or the establishment of a forest according to
procedures set forth in the Maryland Forest Conservation Technical
Manual. This includes landscaping of areas under an approved landscaping
plan establishing a forest at least 35 feet wide and covering 2,500
square feet or more of area.
A commercial establishment where food and beverages are prepared
and served for consumption on or off the premises. However, a snack
bar or refreshment stand shall not be deemed a restaurant.
Includes any of the primary agencies or individuals involved
in the administration of the Town of Bel Air Development Regulations.
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a road, crosswalk,
railroad, electric transmission line, oil or gas pipeline, waterline,
sanitary or storm sewer or similar uses.
See "street."
That portion of a lot abutting a street or highway and situated
between lot lines intersecting such street or highway.
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes, and deceleration and acceleration
lanes. Where there are no curbs, the roadway is that portion between
the edges of the paved or hard surface width.
That part of the roof or parapet which covers the major area
of the building which is the highest point as viewed in elevation
from the front or side. (See "building, height of" illustration.)
Work that does not alter the exterior fabric or features
of a site or structure and has no material effect on the historical,
architectural or archeological significance of a site or structure.
A device used or designed to receive electromagnetic signals
from earth-orbiting satellites and other extraterrestrial sources
and is external to or is attached to the exterior of any building.
The term "satellite receiving dish" includes satellite earth stations,
satellite television antennas, satellite dish antennas or any other
devices designed to receive signals from satellites in the manner
described above. For the purposes of these regulations, accessory
satellite receiving dishes shall not be considered as wireless transmitting
and receiving structures, rigid-structure antennae or long-wire antennae.
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls or berms.
Products that are primarily sold during a particular season
of the year, e.g., Christmas trees, locally grown produce, holiday
flowers, snowballs and similar products.
The minimum distance by which any building or structure must
be separated from a street right-of-way or lot line.
A permanent storage facility exceeding 25 square feet and
less than 200 square feet constructed as an accessory structure incidental
to the use of the principal building, not to include shipping containers
or tractor-trailer bodies.
[Amended 4-2-2018 by Ord.
No. 783-18]
Establishment exceeding 5,000 square feet that offers commodities,
including, but not limited to, apparel/accessories, automobile supplies,
business equipment, china/glassware, commercial art, communications
equipment, computers/calculators, drugstores, fabrics/upholstery,
floor coverings, hardware, home appliances, home improvement supplies,
home furnishings/furniture, import stores, liquor stores, luggage/leather
goods, musical instruments/supplies, paint/wall coverings, party supplies,
photographic equipment sales, radios, records and tapes, sporting
goods, television/stereo sales and service, variety stores and toy/game
stores. Establishments commonly referred to as "catalog showrooms,"
"department stores," "discount stores," and "supermarkets" shall be
regulated as shoppers' merchandise.
[Amended 7-17-2023 by Ord. No. 813-23]
A group or assemblage of four or more retail trade and service
uses exceeding 20,000 square feet in aggregate developed under a uniform
plan or scheme of development and serviced by common, integral utilities,
access, circulation, and parking facilities.
[Amended 4-3-2017 by Ord.
No. 780-17; 7-17-2023 by Ord. No. 813-23]
A residential home unit or an accessory building available
for rent on a temporary basis for 30 days or less.
[Added 7-17-2023 by Ord. No. 813-23]
A portion of a retail, drink or food establishment located
contiguous to the business on a public sidewalk or public open space.
[Amended 4-3-2017 by Ord.
No. 780-17; 7-17-2023 by Ord. No. 813-23]
A structure which consists of a device, light, letter, word,
model, barrier, logo, insignia, or representation, including any announcement,
declaration, demonstration, display illustration or insignia used
to advertise or promote the interest(s) of any person when the same
is placed out of doors in view of the general public, but excluding
window displays or merchandise and signs which are incidental to the
display of merchandise.
For a sign, either freestanding or attached, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the background, whether open or enclosed,
on which they are displayed, but not including any supporting framework
and bracing incidental to the display itself.
For a sign consisting of individual letters or symbols attached
to or painted on a surface or window, the area shall be considered
to be that of the smallest rectangle or other shape which encompasses
all the letters and symbols.
SIGN, BILLBOARDA sign which directs attention to a business, commodity, service, entertainment, event, or other activity conducted, sold or offered in a location other than the property on which the sign is located.
[Added 7-17-2023 by Ord. No. 813-23[13]]
SIGN, BANNERA temporary sign displayed on cloth or similar flexible material and designed to be mounted on an open framework or hanging from posts, poles or wall-mounted, used as an advertisement.
[Amended 4-3-2017 by Ord.
No. 780-17]
SIGN, CONSTRUCTIONA temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans and the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN, DIRECTIONALSigns limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit."
SIGN, DIRECTORYA self-supporting sign in a fixed location listing the names and/or logos of businesses and located at the entrance to a property on which groupings of business, commercial or industrial uses have been concentrated.
SIGN, ELECTRONIC MESSAGEAny sign that uses changing lights or LED elements to form images or words wherein the color, brightness, sequence of message and the rate of change is electronically programmed and can be modified by electronic processes.
[Amended 7-17-2023 by Ord. No. 813-23]
SIGN, FEATHER OR WINDSAILAny temporary ground-mounted freestanding sign made of vinyl, canvas or similar flexible material fabricated as a large pennant for advertisement.
[Amended 7-17-2023 by Ord. No. 813-23]
SIGN, FREESTANDINGA self-supporting sign in a fixed location and not attached to any building or structure.
SIGN, ILLUMINATEDA sign lighted by or exposed to artificial lighting, either by lights on or in the sign or directed toward the sign.
SIGN, MARQUEEA sign which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects, not consisting of an illumination device and may be changed or rearranged manually without altering the face or surface of the sign.
SIGN, ON-PREMISESSign or other advertising device which advertises or indicates only the person occupying the premises on which it is located, the merchandise for sale, or the activity conducted thereon.[14]
SIGN, PROJECTINGA permanent sign that is hung at a ninety-degree angle from the face of and affixed to a building or structure and extends 12 inches or beyond the building wall, structure or parts thereof.
SIGN, SANDWICH BOARDAn A-frame or easel sign used for advertising in front of a specific business.
SIGN, TEMPORARYA banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard or other like materials and intended to be displayed for a limited time period.
[Amended 4-2-2018 by Ord.
No. 783-18; 7-17-2023 by Ord. No. 813-23]
SIGN, VEHICLEAny sign exceeding 10 square feet in area, mounted, painted, placed on, attached or affixed to a trailer, watercraft, truck, automobile or other form of motor vehicle so parked or placed that the sign thereon is discernible from a public street or right-of-way, and which, by its size, location and manner of display, acts as a means of communication calculated to exhibit advertising of an on-site or off-site business.
SIGN, WALL (FLAT)One affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface 12 inches or less at all points.
SIGN, WINDOWAny outward facing sign placed within two feet on the inside of the window or within a display space inside of a window.
[Added 7-17-2023 by Ord. No. 813-23]
A modification to a structure, natural feature or function
that alters the location, size or orientation of a building, stormwater
management facility, road, parking area or a feature that is visible
from the public right-of-way.
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the Town of Bel Air Development Regulations.
It includes lot lines, streets, building sites, reserved open space,
buildings, major landscape features (both natural and man-made), and
existing and proposed utility lines.
An establishment which is dedicated in whole or in part to
the sale and smoking of tobacco products or other legal substances
on its premises; includes establishments such as cigar bars, hookah
cafes, tobacco clubs, and vape lounges.
[Added 10-1-2012 by Ord. No. 754-12; amended 4-3-2017 by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
Establishment which provides homeopathic services such as
aromatherapy, nontherapeutic massage, waxing, facials, sauna, steam
room, nail services and various types of skin treatments.
[Added 7-17-2023 by Ord. No. 813-23]
Circuses, fairs, carnivals, festivals, outdoor sales events,
or other types of temporary outdoor uses that run for a limited time,
but not more than six weeks; are intended to or are likely to draw
substantial crowds or a steady flow of customers; and are unlike the
customary or usual activities generally associated with the property
where the special event is to be located.
A retail establishment less than 5,000 square feet which
primarily carries limited types of interrelated goods, including a
bakery, candy/nut confectionery, dairy food store, delicatessen, product
store, health food store, ice cream parlor, meat/fish store and wine
and cheese shops.
[Amended 7-17-2023 by Ord. No. 813-23]
A retail store less than 5,000 square feet which carries
limited types of interrelated goods, including but not limited to
bookstores, candle shops, cosmetic shops, florist shops, gift shops,
hobby and craft supply shops, novelty shops, jewelry shops, key shops,
newspaper/magazine shops, pet shops, photographic shops, plant shops,
print stores, secondhand merchandise, souvenir shops, stationery shops,
tack shops, telephone stores and tobacco shops.
[Amended 7-17-2023 by Ord. No. 813-23]
A structure designed to shelter not more than two animals.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which, on at least two opposite exterior walls, are not
more than four feet above the floor of such story.
A public or private right-of-way which provides a public
means of access to an abutting property. The term "street" shall include
road, avenue, drive, circle, highway or similar term.
STREET, ARTERIALA street designed to carry large volumes of traffic, normally controlled by traffic signs and signals, and serves a major portion of the vehicular traffic entering and leaving the Town.
STREET, COLLECTORA street designed to carry moderate volumes of traffic, which, in addition to providing access to abutting properties, is intended to collect traffic from, and distribute it to, a series of local streets within a neighborhood.
STREET, LOCALA street designed to carry limited volumes of traffic and intended to serve and provide access primarily to the properties abutting thereon or to provide a cross-connection between other local streets.
Structures placed within the street right-of-way for the
purpose of amenity or service, including but not limited to benches,
trash receptacles, information boards, bollards, and decorative light
fixtures.
Any change in the structural members of a building, such
as walls, columns, beams, girders, or rafters.
Anything built or constructed.
Any person or agent thereof who subdivides any land as defined
herein or undertakes any of the activities covered by the subdivision
regulations of the Town of Bel Air Development Regulations. The term
"subdivider" includes the term "developer," even though the persons
involved in successive stages of a project may vary.
The division of any lot, tract or parcel of land into two
or more lots, parcels, plats or sites, or the division of any land
by the laying out or creation of any new public street, road, alley,
public use, parking area, easement, or any other public place, space,
or building site, for the purpose, whether immediate or future, of
transfer of ownership or building development. It includes resubdivision,
lot consolidation and, when appropriate to the context, relates to
the process of resubdivision or to the land or territory subdivided.
Completion of footings and foundation in new construction,
with walls at least partially erected, or any alteration of a structural
member in existing construction.
Any addition to a property and/or any extension, repair,
reconstruction, or other improvement of a property, the cost of which
equals or exceeds 50% of the fair market value of a property before
the improvement is made.
[Amended 4-3-2017 by Ord.
No. 780-17]
A retail establishment which sells dry groceries, produce,
household items and limited baking or delicatessen items prepared
on premises having a gross floor area (exclusive of basement) exceeding
5,000 square feet.
[Amended 7-17-2023 by Ord. No. 813-23]
Development with the goal of preserving environmental quality,
natural resources and livability for present and future generations.
Sustainable initiatives work to ensure efficient use of resources.
See "body-piercing service."
An establishment used primarily for the dispensing of alcohol
for consumption on premises to the general public where food is sold
or served as accessory to the primary use and which possesses the
appropriate license from the State of Maryland.
[Amended 4-3-2017 by Ord.
No. 780-17]
A tavern (as defined separately in Article XIV) in which dancing, gaming or live entertainment are provided.
[Amended 4-3-2017 by Ord.
No. 780-17]
Current standards, specifications and details for water mains,
sanitary sewers, storm drains, streets and roads, as adopted by the
Board of Town Commissioners, and all amendments thereto.
Properties located on the fringe of the downtown commercial
districts which are significantly impacted by commercial development
and traffic patterns.
The purpose or activity for which land, buildings, or structures
are designed, arranged, intended, occupied or maintained.
A group of similar use types that are associated with each
other to such an extent that they perform a specific land use function.
For the purposes of this Part 2, use categories are:
The temporary use or activity permitted for a maximum period
of 30 days unless otherwise noted in this Part 2.
[Added 7-17-2023 by Ord. No. 813-23]
That portion of a lot that is used by vehicles for access,
circulation, parking, and loading and unloading. It comprises the
total of circulation areas, loading and unloading areas, and parking
areas.
A commercial facility used for the storage and handling of
freight or merchandise. Storage incidental to retail sales not in
excess of 50% of the total gross square feet of the establishment
is excluded.
[Added 4-3-2017 by Ord.
No. 780-17]
The geographic area which drains into a specific body of
water. A watershed may contain several subwatersheds.
Natural areas, as determined by the United States Army Corps
of Engineers, that have a predominance of hydric soils and that are
inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and under normal circumstances do
support, a prevalence of hydrophytic vegetation typically adapted
for life in saturated soil conditions.
An open area between the lot line and setback or existing
building line within which no principal structures shall be located.
[Amended 9-16-2019 by Ord. No. 792-19; 7-17-2023 by Ord. No. 813-23]
YARD, FRONTA yard extending the full width of the lot between any principal building and all front lot lines measured perpendicular to the front lot line at the closest point of the nearest point on the principal building.
YARD, REARA yard extending the full width of the lot between any principal building and the rear lot line measured perpendicular to the rear lot line at the closest point of the nearest point on the principal building. A lot with multiple front yards may not have a rear yard. Rear yard dimensions may be averaged as stated in Article IX.
YARD, SIDEA yard extending from the front yard to any other lot line between any principal building and the side lot line and measured perpendicular to the side lot line at the closest point of the nearest point on the principal building. Side yard dimensions may be averaged as stated in Article IX.
The administrative officer charged with enforcement of the
requirements specified in the Land Use Article of the Annotated Code
of Maryland and the requirements of the Town of Bel Air's Development
Regulations. The Zoning Administrator is also known as the Director
of Planning and Community Development.
[Amended 4-3-2017 by Ord.
No. 780-17]
Any request for subdivision, site plan approval, special
exception, special development, variance, interpretation, annexation
or rezoning or amendment, modification or clarification of the same.
The Zoning Map[15] of Bel Air, Maryland, dated November 28, 2016, together
with all amendments thereto subsequently adopted.
[Amended 4-3-2017 by Ord.
No. 780-17]
[1]
Editor's Note: The former definition of "arcade," which immediately
followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[2]
Editor's Note: The former definition of "continuing care retirement
facility (CCRC)," which immediately followed this definition, was
repealed 4-3-2017 by Ord. No. 780-17.
[3]
Editor's Note: The former definition of "cottage housing,"
which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[5]
Editor's Note: The former definition of "hawkers or peddlers,"
which immediately followed this definition, was repealed 4-3-2017
by Ord. No. 780-17.
[6]
Editor's Note: This ordinance also redesignated former Subsection H of this definition as Subsection I.
[7]
Editor's Note: The former definition of "life care facility,"
which immediately followed this definition, was repealed 4-3-2017
by Ord. No. 780-17.
[8]
Editor's Note: The former definition of "medical cannabis
dispensary," which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[9]
Editor's Note: The former definition of "motel," which immediately
followed this definition, was repealed 4-3-2017 by Ord. No. 780-17.
[10]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[11]
Editor's Note: The former definition of "parking deck," which
immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[12]
Editor's Note: The former definition of "peddler," which
immediately followed this definition, was repealed 4-3-2017 by Ord.
No. 780-17.
[14]
Editor's Note: The former definition of "sign, political"
which immediately followed, was repealed 7-17-2023 by Ord. No. 813-23.
[15]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
