The following rules shall apply to this chapter:
The words "shall" and "will" are mandatory.
Unless the context otherwise specifies, words used in the present tense shall include the future; words used in the singular number include the plural; and words in the plural number include the singular.
The word "building" or "structure" includes the other and any part thereof.
The word "person" includes an individual, a corporation, a partnership, a limited-liability company, an incorporated association, or any other similar entity.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either/or," the conjunction shall be interpreted as follows:
"And" indicates that all the connected items, conditions, provisions, or events shall apply.
"Or" indicates that the connected items, conditions, provisions, or events may apply separately or in combination.
"Either/or" indicates that the connected items, conditions, provisions, or events shall apply separately but not in combination.
The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.
Words and terms not defined herein shall be interpreted in accordance with their normal dictionary meaning.
As used in this chapter, the following terms shall have the meanings indicated:
- The act of putting an end to a land alteration or development
activity or reducing the degree or intensity of the alteration or
activity.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- ACCESSORY APARTMENT
- A separate complete housekeeping unit that is clearly subordinate to the principal single-family unit or a commercial structure, but can be isolated from it, and which does not exceed 30% of the first floor square footage of the principal structure.
- ACCESSORY STRUCTURE, MANUFACTURED HOME
- Any structural addition to the manufactured home, which includes awnings, cabanas, carports, porches, and similar appurtenant structures.
- ACCESSORY USE OR STRUCTURE
- A structure or use that:
- A. Is clearly incidental to and customarily found in connection with a principal building or use;
- B. Is subordinate to and serves a principal building or a principal use;
- C. Is subordinate in area, extent, or purpose to the principal building or principal use served;
- D. Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and
- E. Is located on the same lot as the principal building or use served.
- A commonly referred to measure of area which equals 43,560 square feet.
- An amount of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision.
- ACTIVE ADULT COMMUNITY
- An active adult community is comprised of people 55 years of age or older, which provide maintenance-free living, close proximity to desirable attractions, and a range of on-site activities and amenities. Active adult communities may include single-family homes, condominiums, townhomes, or multifamily dwellings. Such communities may offer designated dining areas and clubhouses.
- Any business, industry, trade, occupation, vocation, profession, or other use conducted or carried on either within a building or covered area, or outdoors on any tract or parcel of land. For zoning purposes, an activity shall be considered separately from any building or structure in which such activity may be conducted.
- Newly constructed area that increases the size of a structure.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- ADULT DAY-CARE CENTER
- An establishment that offers social, recreational and health-related services to individuals in a protective setting who cannot be left alone during the day because of health care and social need, confusion or disability.
- A. Any business, operation, or activity, a significant amount of which consists of:
- (1) The conduct, promotion, delivery, provision, or performance of adult entertainment or material, including, but not limited to, that occurring in, at, or in connection with a cabaret, lounge, nightclub, modeling studio, bar restaurant, club or lodge, or other establishment; or
- (2) The sale, provision, rental, or promotion of adult entertainment or material, in any format, form, or medium, including, but not limited to, books, magazines, videos, DVDs, CDs, sexual devices, movies, photographs, and/or coin-operated or pay-per-view viewing devices, including, but not limited to, the operation of an adult book or video store or viewing booth.
- B. For the purposes of this definition, the term "significant" shall have the meaning set forth in § 30-1 of the Denton Town Code.
- The establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas that are not presently in forest cover.
- AGRICULTURAL EASEMENT
- A nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.
- All methods of production and management of livestock, crops,
vegetation, orchards, groves, nurseries, and soil. This includes,
but is not limited to, the related activities of tillage, fertilization,
pest control, harvesting, and marketing. It also includes, but is
not limited to, the activities of keeping or raising for sale of large
or small animals, reptiles, fish, or birds, and feeding, housing,
and maintaining of animals such as cattle, dairy cows, sheep, goats,
hogs, horses, and poultry and handling their by-products.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A public or private right-of-way primarily designated to serve as secondary access to the side or rear of those properties whose principal frontage is on some other public way.
- Any change in the total floor area, use adaptability or external appearance of an existing structure.
- AMEND or AMENDMENTS
- Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a zone; or any repeal or abolition of any map, part thereof or addition thereto.
- ANADROMOUS FISH
- Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.
- ANADROMOUS FISH PROPAGATION WATERS
- Those streams that are tributary to the Chesapeake Bay and
Atlantic Coastal bays in which the spawning of anadromous species
of fish (e.g., rockfish, striped bass, yellow perch, white perch,
shad, and river herring) occurs or has occurred. The streams are identified
by the Department of Natural Resources.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- Equipment designed to transmit or receive electronic signals.
- A part of a building, containing cooking facilities, consisting of a room or group of rooms intended, designed, and used as a residence by an individual or a single family.
- APARTMENT HOTEL
- A building arranged for or containing apartments and individual guest rooms, with or without housekeeping facilities, and which furnishes services ordinarily provided by hotels, such as maid, bellboy, desk, and laundry service, and may include a dining room with internal entrance and primarily for use of tenants of the building, but shall not include public banquet halls, ballrooms, or meeting rooms.
- APARTMENT HOUSE
- Same as "dwelling, multifamily."
- The farming or culturing of finfish, shellfish, other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments. Activities include the hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices.
- An expert in the cultivation and care of trees hired by the Town of Denton.
- AREA, GROSS or GROSS SITE AREA
- All the area within a development plan or plat, including area intended for residential use, local access streets or alleys, off-street parking spaces, open spaces, recreation areas, or floodplains.
- AREA, NET or NET SITE AREA
- Remaining area, after deducting from gross area any area associated with a one-hundred-year nontidal floodplain, steep slopes, certain forest stands, FIDs habitat, tidal and nontidal wetlands, stream buffers, threatened or endangered species habitat, hydric soils where septic systems are necessary, Critical Area buffer or any other environmental constraint, important historic or archaeological site or structure, preexisting or required easement of any kind, or any public access as identified in the Comprehensive Plan transportation chapter.
- ASSISTED LIVING
- A residential or facility-based provider that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination of these services to meet the needs of residents who are unable to perform, or who need assistance in performing, the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for the residents [COMAR 10.07.14.02B(11)].
- AUCTION HOUSE
- An establishment where goods are received for public sale to the highest bidder.
- BARREN LAND
- Unmanaged land having little or no vegetation.
- BASE FLOOD
- The flood having a one-percent chance of being equaled or exceeded in any given year. Also known as the "one-hundred-year flood."
- That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.
- BED-AND-BREAKFAST FACILITY
- A private owner-occupied home in which bedrooms are rented to tourists or travelers and in which breakfast is provided and included in the room rate.
- BEST MANAGEMENT PRACTICES (BMPs)
- Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxic substances, and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.
- BIG BOX STORE (also: "supercenter," "superstore" or "megastore")
- Large, freestanding, rectangular, generally single-floor, flat-roof structure built on a concrete slab with floor space several times greater than traditional retailers (generally more than 50,000 square feet and sometimes approaching 200,000 square feet) and providing a large amount of merchandise. Examples include Walmart, Target, Best Buy, or Barnes & Noble.
- BLIGHTED AREA
- Any area that endangers the public health, safety or welfare, or an area that is detrimental to the public health, safety, or welfare, because commercial, industrial, or residential structures or improvements are dilapidated, deteriorated, or because such structures or improvements violate the minimum health and safety standards as determined by the Director of Planning and Codes, Building Official, or designee.
- BLIGHTED PROPERTY
- Any individual commercial, industrial, or residential structure, improvement, or lot that is an endangerment to the public health, safety, or welfare because the structure, improvement, or lot is dilapidated, deteriorated, or violates the minimum health and safety standards.
- The Board of Appeals of the Town of Denton which is authorized to grant special exceptions and variances, and to hear appeals from administrative decisions as provided in this chapter.
- A building other than a hotel or apartment hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons but not exceeding 20 persons.
- BOARDING SCHOOL
- A school at which meals and overnight lodging are provided on site.
- BONA FIDE INTRAFAMILY TRANSFER
- A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.
- A structure extensively open, except for a roof and supporting columns, which connects a residence and an accessory building on the same lot.
- A restaurant and/or bar that possesses a State of Maryland
Class 6 pub-brewery license or a Class 7 microbrewery license.[Added 3-7-2013 by Ord. No. 651, effective 3-17-2013]
- Area that, based on conditions at the time of development,
is immediately landward from mean high water of tidal waterways, the
edge of each bank of a tributary stream, or the landward edge of a
tidal wetland; and the area exists in, or is established in, natural
vegetation to protect a stream, tidal wetland, tidal waters or terrestrial
environments from human disturbance. The buffer includes an area of
at least 100 feet, even if that area was previously disturbed by human
activity or is currently developed, and also includes any expansion
for contiguous sensitive areas, such as a steep slope, hydric soil,
highly erodible soil, nontidal wetland, or a nontidal wetland of special
state concern as defined in the COMAR 26.23.01.01.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- BUFFER (CRITICAL AREA)
- An existing naturally vegetated area or an area established in vegetation and managed to protect aquatic, wetland, shoreline, and terrestrial environments from man-made disturbances. In the Critical Area Overlay District, the minimum buffer is a continuous area located immediately landward of tidal waters (measured from the mean high-water line), tributary streams in the Critical Area, and the landward edge of tidal wetlands and has a minimum width of 100 feet.
- BUFFER EXEMPTION AREA (BEA)
- Those areas mapped by the Town and approved by the Critical Area Commission located within the buffer that are largely or totally developed such that the pattern of residential, industrial, commercial, or recreational development present as of December 1, 1985, prevents the buffer from fulfilling its intended purposes. Buffer exemption areas may be exempted from certain requirements of the buffer, as may be determined by the Town.
- BUFFER MANAGEMENT AREA (BMA)
- An area officially mapped by the Town and approved by the
Critical Area Commission as a BMA, where it has been sufficiently
demonstrated that the existing pattern of residential, industrial,
commercial, institutional, or recreational development prevents the
buffer from fulfilling its water quality and habitat functions, and
where development in accordance with specific BMA provisions can be
permitted in the buffer without a variance.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- BUFFER MANAGEMENT PLAN
- A plan, designed and intended to describe methods and means
used to protect and enhance the buffer to provide multiple benefits,
that is necessary when a development activity will affect a portion
of the buffer, alter buffer vegetation, or require the establishment
of a portion of the buffer in vegetation. Includes a major buffer
management plan, a minor buffer management plan, and a simplified
buffer management plan.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- An area within a Buffer Management Area that is at least
25 feet wide, located between a development activity and tidal waters,
tidal wetlands, or a tributary stream, that is planted with vegetation
consisting of native canopy trees, understory trees, shrubs, and perennial
herbaceous plants in order to provide water quality and habitat benefits.
This area is to be managed and maintained in a manner that optimizes
these benefits.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- BUILDABLE WIDTH
- The width of that part of a lot not included within the side setbacks herein required.
- Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
- BUILDING, DETACHED
- A building surrounded by unimproved space on the same lot.
- BUILDING ENVELOPE
- The area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located.
- BUILDING, HEIGHT OF
- The vertical distance from the highest point of a structure, excepting chimney, antenna, or satellite dish on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.
- BUILDING OFFICIAL
- The governmental official of the Town of Denton charged with administering the Town's Building Code and issuing building permits, or his or her designee.
- BUILDING LINE
- A line, beyond which the foundation wall and/or any porch, vestibule, or other portion of a building shall not project, unless otherwise provided for in this chapter.
- BUILDING, MAIN
- Any building which is not an accessory building.
- BUILDING PERMIT
- A formal approval of building plans issued by the Building Official as meeting the applicable zoning and code requirements and authorizing construction or reconfiguration of a specific structure on a site in accordance with the approved drawings and specifications.
- BUILDING, PRINCIPAL
- The primary building on a lot or a building that houses a principal use.
- The diameter of a tree measured at two inches above the root
collar.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A roof-like structure of a permanent nature which may be freestanding or projected from a wall of a building or its supports.
- CANOPY TREE
- A tree that, when mature, commonly reaches a height of at
least 35 feet.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the Town, the Town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the Town may accept certification by telephone from some agency when the circumstances warrant it, or the Town may require that the certification be in the form of a letter or other document.
- CHILD-CARE INSTITUTION
- An institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children.
- CHILD-CARE CENTER
- An agency, institution, or establishment that provides nonparental
care for children for part of a twenty-four-hour day, not in the child's
own home, in a group setting such as a child-care center, preschool,
child development center, nursery school, before-school and after-school
program, school-age child-care, or early learning center, by whatever
name known, under private, nonprofit, proprietary, public, or religious
auspices except as otherwise provided for in law or regulation, and
is regulated by the requirements of Title 13A Maryland State Department
of Education Child Care Centers under the Code of Maryland Regulations
(COMAR).[Amended 4-2-2015 by Ord. No. 667]
- CHILD-CARE, FAMILY
- A residence other than the child's home used by the
owner or tenant to provide paid care, on a regular basis, for one
or more children who are not related to the owner or tenant, on a
regular basis and which is regulated by the requirements of Title
13A Maryland State Department of Education under the Code of Maryland
Regulations (COMAR).[Amended 4-2-2015 by Ord. No. 667]
- CIRCULATION AREA
- That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
- The removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.
- CLINIC, HEALTH AND DENTAL CARE
- An office building or a group of offices for one or more
physicians, surgeons, dentists, or other health or dental care practitioners
engaged in the treatment of physically ill or injured patients, patients
in need of routine dental or orthodontic care, or patients in need
of outpatient mental health care, but not including rooms for overnight
patients.[Amended 5-4-2015 by Ord. No. 669]
- CLINIC, SUBSTANCE ABUSE
- An office building or a group of offices for one or more
physicians, psychologists, social workers, or substance abuse counselors
engaged in the treatment of chronic substance abuse that may include
the dispensing of prescribed substitutes for illegal controlled dangerous
substances.[Added 5-4-2015 by Ord. No. 669]
- CLUB, PRIVATE
- Buildings and facilities owned or operated by a corporation, limited-liability company, association, person, or persons for social, educational, or recreational purposes, but not primarily for profit which accrues to any individual and not primarily to render a service which is customarily carried on by a business.
- CLUSTER DEVELOPMENT
- A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide more natural habitat or other open space uses on the remainder.
- COFFEE ROASTING
- A facility in which unprocessed, green coffee may be sorted,
roasted and processed, or packaged for use and consumption.[Added 3-7-2013 by Ord. No. 651, effective 3-17-2013]
- COLONIAL NESTING WATER BIRDS
- Herons, egrets, terns, and glossy ibis. For the purposes
of nesting, these birds congregate (that is "colonize") in relatively
few areas, at which time the regional populations of these species
are highly susceptible to local disturbances.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- The Code of Maryland Regulations, as from time to time amended,
including any successor provisions.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- COMBINATION USE
- A use consisting of a combination on one lot of two or more principal uses separately listed in the Official Table of Use Regulations, Article X, § 128-60. (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)
- A type of activity where goods or services are sold or traded with the expectation of profit or gain.
- COMMERCIAL SHOPPING CENTER or SHOPPING CENTER
- A group of retail and other commercial establishments that
are planned, developed, owned, and managed as a single property. The
two main configurations are malls and open-air strip centers.[Added 10-4-2012 by Ord. No. 649, effective 10-14-2012]
- The Planning Commission of the Town of Denton.
- COMMON AREA
- Any open space, private road or other land, structure or improvement which is designed or reserved for the common use or benefit of the owners of two or more lots. "Common area" does not include any public road or other land, structure or improvement owned by the Town or the State of Maryland or any other governmental agency.
- COMMON OPEN SPACE or OPEN SPACE
- A parcel or parcels of land, an area of water, or a combination of land and water, including floodplain and wetland areas, within a development site, designed and intended for the use and enjoyment of residents of the development and, where designated, the community at large. The area of parking facilities serving the activities in the common open space may be included in the required area computations. Common open space shall not include:
- A. The land area of lots allocated for single-family detached dwellings, single-family semidetached dwellings, and duplex dwellings, including front yards, side yards, and rear yards, whether or not the dwellings are sold or rented.
- B. The land area of lots allocated for apartment and townhouse dwelling construction, including front yards, side yards, rear yards, interior yards, and off-street parking facilities, whether or not the dwellings are sold or rented.
- C. The land area of lots allocated for total commercial use, including front yards, side yards, rear yards, and parking facilities, whether or not the commercial facilities are sold or rented.
- D. The land area of lots allocated for public and semipublic uses, community clubs and community facilities, including open space for playgrounds and athletic fields which are a part of the principal use (e.g., a school or church site); and front yards, side yards, rear yards, and other open space around the buildings; and parking facilities, whether or not the public or semipublic use sites are sold or rented.
- E. Street rights-of-way, parkways, driveways, off-street parking, and service areas, except the landscaped central median of boulevards.
- F. Rights-of-way easement areas, such as electric transmission lines, whether above or below ground, or propane or natural gas lines.
- G. Stormwater management facilities.
- COMMUNITY PIERS
- Boat-docking facilities associated with subdivisions and other similar residential areas, condominiums, and apartments. Private piers are excluded from this definition.
- COMPREHENSIVE or MASTER PLAN
- A compilation of policy statements, goals, standards, maps
and pertinent data relative to the past, present and future trends
of the local jurisdiction, including, but not limited to, its population,
housing, economics, social patterns, land uses, water resources and
their use, transportation facilities and public facilities, prepared
by or for the planning board, agency or office adopted by the Planning
Commission and Town Council.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A form of ownership consisting of an undivided interest in common with other owners in a portion of a parcel of real property, together with separate interest in space in a building, such as a townhouse, apartment, or office, established pursuant to Maryland law. A condominium may include, in addition, a separate interest in other portions of such real property.
- CONSERVATION EASEMENT
- A nonpossessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.
- A combination of any legal parcels of land or recorded, legally buildable lots into fewer parcels or lots.
- CONVALESCENT, NURSING OR REST HOME
- Any institution, however named, whether conducted for charity or for profit, which is advertised, announced, or maintained for the express or implied purpose of caring for two or more nonrelated persons admitted thereto for the purpose of nursing care given because of prolonged illness or defect or during the recovery from injury or disease, and includes any and all of the procedures commonly employed in waiting on the sick, such as administration of medicine, preparation of special diets, giving of bedside care, application of dressing and bandages, and the carrying out of treatments prescribed by a duly licensed practitioner of medicine.
- A written undertaking by an owner which is required by this chapter or imposed by the Planning Commission in accordance with authorization contained in this chapter.
- A person who owns legal or equitable title to any land which is affected in any manner by a covenant and includes a person who holds any mortgage, deed of trust or other lien or encumbrance on any such land.
- CONVENIENCE SERVICE AREA
- An area of services offered to persons living within a particular development, e.g., a coin-operated laundry, to be confined inside of a building within a particular development, limited to an area not to exceed 1% of the total gross floor space within said building, and for the sole use of the particular development.
- CONVENIENCE STORE
- A one-story retail store containing less than 2,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the Fast Fare, 7-11 and Pantry chains.
- An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
- The percentage of the lot covered by buildings and structures.
- COVER CROP
- The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants and sediments from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat, or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.
- CRITICAL AREA
- All lands and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A. They include:
- (1) All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide as indicated on state wetland maps;
- (2) All state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland;
- (3) All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland; and
- (4) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
- B. Official maps delineating Critical Areas within the Town of Denton are available for inspection at the Denton Town office.
- CRITICAL AREA COMMISSION (CAC)
- Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, the body created as per § 8-1803 of the Annotated Code of Maryland and appointed by the governor whose responsibility includes adoption of regulations and criteria for implementation of the State of Maryland's Critical Area policies.
- CRITICAL AREA PROGRAM
- The Critical Area Protection Program of the Chesapeake and Atlantic Bays, including Subdivision Regulations, Zoning Ordinance and Official Maps of the Town of Denton.
- The transfer of property from private to public ownership as may be required to provide for the public health, safety, or welfare.
- DEED RESTRICTION
- A private legal restriction and/or covenant on the use of land, contained within a deed of property or otherwise formally recorded in the Land Records of Caroline County, Maryland. These restrictions or covenants are designed to control the use of specific property, and enforcement of these is through private civil action. Deed restrictions are not enforced by the Town of Denton, unless it is the Town of Denton, Maryland, that records said deed restrictions.
- The number of principal dwelling units allowed per acre of net area of a development.
- DEPARTMENT OF PLANNING
- Department of Planning and Codes Administration
- DERELICT STRUCTURE
- Any residential, commercial or industrial structure which is no longer being used for a place of habitation, business, or industry and which is in such poor condition as to cause blight upon the neighborhood in which any such structure is located.
- DEVELOPED WOODLANDS
- Areas one acre or more in size that predominantly contain trees and natural vegetation and that also include residential, commercial, or industrial structures and uses.
- A person who undertakes development activity as defined in
the Critical Area Program; or a person who undertakes development
activity that requires a zoning permit, conditional use permit, sign
permit, site plan, or subdivision approval.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- DEVELOPMENT ENVELOPE
- Developed portion of a parcel or tract of land that encompasses all lots, structures, required buffers exclusive of the tidewater buffer if it is at least 300 feet deep, impervious surfaces, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use as active recreation areas, and any additional acreage needed to meet the development requirements of the Denton Critical Area Program.
- DEVELOPMENT or DEVELOPMENT ACTIVITIES (includes the term "develop")
- Any construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land or action that results in construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land. Excavation or clearing in buffers is not permissible, even if a grading permit is not required.
- DIMENSIONAL NONCONFORMITY
- A nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
- DIRECTOR OF PLANNING
- The Director of Planning and Codes Administration, who is also the zoning administrative officer, or an authorized representative designated by the Town Council to carry out duties as specified in this chapter.
- DISABLED OR INFIRM HOME
- A residence within a single dwelling unit for at least six but not more than nine persons who are physically or mentally disabled, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.
- DISABLED PEOPLE
- People possessing physical or mental impairments which are expected to be of long-continued and indefinite duration, substantially impede the ability to live independently, and are of such a nature that the ability to live independently could be improved by more suitable housing conditions.
- Any section of the Town of Denton within which the zoning regulations are uniform.
- An alteration or change to the land. It includes any amount
of clearing, grading, or construction activity. "Disturbance" does
not include gardening or maintaining an existing grass lawn.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- DOCUMENTED BREEDING BIRD AREAS
- Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.
- DRIVE-IN ESTABLISHMENT
- A place of business being operated for the retail sale of food and other goods, services, or entertainment. It is designed to allow its patrons to be served or accommodated while remaining in their automobiles or allows the consumption of any food or beverage obtained from a carry-out window in automobiles or elsewhere on the premises.
- That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
- A two-family residential use in which the dwelling units share a common wall (including, without limitation, the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
- A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.
- DWELLING, ATTACHED
- A dwelling or dwelling unit which is joined to another dwelling or dwelling unit at one or more sides by a party wall or walls.
- DWELLING, MULTIFAMILY
- A structure containing three or more dwelling units on a single parcel or on contiguous parcels under the same ownership.
- DWELLING, SINGLE-FAMILY
- A building designed for or occupied exclusively by one family.
- DWELLING, TWO-FAMILY
- A building containing two dwelling units. Examples are a detached dwelling containing two dwelling units or a duplex.
- DWELLING UNIT
- A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for sanitation, cooking, eating, and sleeping. "Dwelling unit" includes living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guesthouse, or a caretaker residence.
- EARTH SATELLITE ANTENNA (also called "satellite dish" or "dish")
- A parabolic dish antenna or other device or equipment of whatever nature or kind, including its structural supports, the primary use of which is to send and/or receive television, radio, microwave, or other electronic signals from space satellites.
- A more or less self-contained biological community, together with the physical environment in which the community's organisms occur.
- ELDERLY PEOPLE
- People who are 66 years of age or over or families where either the husband or wife is 66 years of age or older.
- EMERGENCY SERVICES
- Fire, rescue, ambulance, police or CERT (Community Emergency Response Team) services, including related structures and activities.
- ENDANGERED SPECIES
- Any species of fish, wildlife, or plants which have been designated as such by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources are determined to be in jeopardy. This includes any species determined to be endangered species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
- An expert in civil engineering hired by the Town of Denton.
- ENVIRONMENTAL ASSESSMENT
- A comprehensive report that describes the natural features and characteristics of a proposed development site, the changes that will occur as the result of proposed development activities on the site, the anticipated environmental impacts and consequences of the proposed development, and mitigation measures to be taken to minimize undesirable impacts to the environment.
- ENVIRONMENTAL CONSTRAINTS
- Features, natural resources, or land characteristics that are susceptible to improvements and may require protections, preservation and conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
- EROSION AND SEDIMENT CONTROL (E&SC)
- Any structural or nonstructural practice or measure that protects soil particles from detaching by rain or wind and trapping any soil particles after having been detached and moved by rain or wind.
- ESSENTIAL SERVICES
- Facilities such as wires, lines, cables or pipes, located in public ways or in easements, provided for the purpose of or on a customer's premises. Such essential services do not require a private right-of-way and may be reasonably necessary for the furnishing of adequate water, sewer, gas, electric, telecommunications or similar services to adjacent customers. They do not include any cross-county electric transmission lines, including microwave, or any aboveground pipeline.
- The planting or regeneration of native vegetation throughout
the buffer.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- EXCESS STORMWATER RUN-OFF
- All increases in stormwater resulting from:[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A. An increase in the imperviousness or lot coverage of the site, including all additions, to buildings, roads, and parking lots;
- B. Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
- C. Alteration of drainageways, or regrading of slopes;
- D. Destruction of forest; or
- E. Installation of collection systems to intercept street flows or to replace swales or other drainageways.
- An individual; two or more persons related by blood, marriage, civil union, or adoption living together in a dwelling unit, and (unless the dwelling contains an accessory dwelling unit) may also include not more than two unrelated persons; or a group of not more than four persons who need not be related by blood, marriage, or adoption living together in a dwelling unit. A family may include five or fewer foster children placed in a family foster home licensed by the state.
- A parcel of land not less than 20 acres in size used for agriculture as defined in this subsection.
- FARMERS' MARKET
- An outdoor commercial establishment sponsored, organized, and/or operated under the auspices of a unit of government wherein agricultural products are sold by one or more operators.
- Any tract of land or structure, pen or corral wherein cattle, sheep, goats and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.
- FENCE or WALL
- A barrier, other than natural vegetation, intended to mark a boundary or to enclose an area to provide screening or privacy.
- FILLING STATION
- Any building, structure or area of land used for the retail sale of automobile fuels, oils, and accessories and where repair service, if any, is incidental.
- FINANCIAL ASSURANCE
- A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to the Town of
Denton.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- FISHERIES ACTIVITIES
- Commercial water-dependent fisheries facilities, including structures for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians and reptiles, and also including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations.
- A parcel or building where commercial water-dependent fishery facilities are located, including structures for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians and reptiles, including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations.
- Any cloth, bunting or similar material containing distinctive
colors, patterns or symbols, used as a symbol of patriotism, national,
state or local government, or a religious group.[Added 6-6-2011 by Ord. No. 631, effective 6-16-2011]
- Any land area susceptible to being inundated by water from
any source.[Amended 8-2-2012 by Ord. No. 644, effective 8-9-2012]
- The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to pass the base flood discharge
such that the cumulative increase in the water surface elevation of
the base flood discharge is no more than a designated height. [Amended 8-2-2012 by Ord. No. 644, effective 8-9-2012]
- A. For commercial business and industrial buildings or buildings containing mixed uses: the sum of the gross horizontal area of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including attic space providing headroom of less than seven feet; basement space not used for retailing; uncovered steps or fire escapes; accessory water towers or cooling towers; accessory off-street parking spaces; and accessory off-street loading berths.
- B. For residential buildings: the sum of the gross horizontal areas, with a clear height of more than six feet, of all floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls.
- For purposes of the Critical Area, the biological community dominated by trees and other woody plants covering a land area of one acre or more. This also includes forests that have been cut but not cleared. For purposes of the forest conservation provisions of this chapter, a forest is defined as:
- FOREST INTERIOR DWELLING SPECIES (FIDS)
- Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).
- FOREST MANAGEMENT
- The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, wildlife habitat, etc.
- FOREST PRACTICE
- The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.
- FULLY ESTABLISHED
- The buffer contains as much diverse, native vegetation as
necessary to support a firm and stable riparian habitat capable of
self-sustaining growth and regeneration.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- GARAGE OR YARD SALE
- A public sale conducted by an individual on his or her own premises for the purpose of selling his or her own personal property.
- GARAGE, PRIVATE
- A garage used primarily for motor-driven vehicle storage purposes only and having a capacity of not more than four vehicles.
- GARAGE, SERVICE
- A building, or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.
- GARAGE, STORAGE
- A building, or portion thereof, designed or used exclusively for storage of motor-driven vehicles and where motor-driven vehicles are not equipped, hired, or sold.
- GARDEN APARTMENTS
- Multifamily housing units that may share a common outside access. Ownership is not a factor in this type of unit, which may be either rental or condominium.
- GAS SALES
- Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail and where, in addition, minor repair work may be performed, such as ignition service, tire repair or replacement, repair and replacement of minor parts, such as pumps and filters, brake service, and the like. "Gas sales" does not include a repair or body shop, but shall include self-service filling stations and any convenience store accessory to or associated with such gas sales.
- GOLF COURSE
- An area, publicly or privately owned, on which the game of golf is played, containing at least nine holes, together with such necessary and usual accessory uses as a club house, caretakers' dwellings, dining and refreshment facilities, and other such uses, provided that the operation of such facilities is incidental and subordinate to the operation of a golf course.
- A. For buildings having a wall or walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
- B. For buildings having a wall or walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
- C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
- D. Any wall parallel to or within 10° of being parallel to, and not more than 15 feet from, a street line is to be considered as adjoining the street. Sidewalk grades shall be established by the Town Engineer.
- Describes the status accorded certain properties and development uses that are of record prior to the date of adoption of this chapter or must comply with provisions of this chapter.
- GRANDFATHERED PARCEL OR GRANDFATHERED LOT
- A parcel of land that was created or a lot created through
the subdivision process and recorded as a legally buildable lot prior
to December 1, 1985.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- GRAND OPENING
- A grand opening or grand reopening is defined as the period when a business first opens or undergoes major remodeling or new ownership. A grand opening or reopening shall not last more than 14 days.
- GROCERY STORE
- Store established primarily for the sale of food items; could also stock personal care and household cleaning products (smaller in size than a supermarket).
- GROUP HOME/DEVELOPMENTALLY DISABLED HOME
- A residence within a single dwelling unit for at least four but not more than eight people who are physically or mentally disabled, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.
- GROUP HOME/HALFWAY HOUSE
- A home for not more than eight people who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two people providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.
- GROUP HOME, PRIVATE
- A residence used to provide assisted community living for persons (including battered or abused individuals with children) with mental, emotional, familial or social difficulties in a homelike environment. A large private group home admits at least nine but not more than 16 individuals total; a small private group home admits at least four but not more than eight individuals total.
- GROWTH ALLOCATION
- The number of acres of land in the Critical Area that the
Town of Denton may use, or the county may allocate to municipal jurisdictions
to use, to create new Intensely Developed Areas and new Limited Development
Areas. The growth allocation acreage is 5% of the total Resource Conservation
Area acreage in Denton at the time the Critical Area Commission approved
Denton's original Critical Area Program, not including tidal
wetlands, plus additional acres included from the county's calculated
amount (5%) of Resource Conservation Area that existed when the Critical
Area Commission approved Caroline County's original Critical
Area Program (that the Town may request and the County may allocate).[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters, and not rented or otherwise used as a separate dwelling.
- HABITAT PROTECTION AREA (HPA)
- The buffer, nontidal wetlands, threatened and endangered species, plant and wildlife habitats, anadromous fish propagation waters and species in need of conservation that are designated for protection by the Secretary of Natural Resources or under Natural Resources Article, § 8-1806, Annotated Code of Maryland, or by regulations adopted under that authority.
- HABITAT PROTECTION PLAN
- A plan that provides for the protection and conservation
of the species and habitats identified as Habitat Protection Areas
in the Critical Area. The plan shall be specific to the site or area
where the species or its habitat is located and shall address all
aspects of a proposed development activity that may affect the continued
presence of the species. These include, but are not limited to, cutting,
clearing, alterations of natural hydrology, and increases in lot coverage.
In developing the plan, an applicant shall coordinate with the Department
of Natural Resources to ensure that the plan is adequate to provide
for long-term conservation and can be effectively implemented on the
specific site.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- HAZARDOUS TREE
- A tree with a structural defect, such as a crack, canker,
weak branch union, decay, dead wood, root damage, or root disease,
that decreases the structural integrity of the tree and which, because
of its location, is likely to fall and cause personal injury or property
damage, including acceleration of soil erosion; or based on its location
in the landscape, a healthy tree that, with continued normal growth,
will damage an existing permanent structure or significantly increase
the likelihood of soil erosion. "Hazardous tree" does not include
a tree for which the likelihood of personal injury, property damage,
or soil erosion can reasonably be eliminated or significantly diminished
with routine and proper arboricultural practices, such as regular
watering, application of fertilizer or mulch, and pruning; or by relocation
of property that is likely to be damaged.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- HEIGHT OF BUILDING
- The vertical distance from the average finished grade to the highest point of the coping of a flat roof; the deckline of a mansard roof; to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
- HIGHLY ERODIBLE SOILS AND ERODIBLE SOILS
- Soils with a slope greater than 15% or soils with a K value greater than 0.35 and slopes greater than 5%. "K value" means the soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
- HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
- An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.
- HOME OCCUPATION
- A home occupation is an activity carried out for financial gain by the occupant in a residential dwelling and is subordinate to the residential use of the property.
- A building or group of buildings, having room facilities for one or more overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, outpatient department, training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.
- A building in which lodging or boarding and lodging are provided for more than 20 persons, primarily transient, and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public as opposed to a boardinghouse, a lodging house, or an apartment house which are herein separately defined. A hotel may include restaurants, taverns, club rooms, banquet halls, ballrooms, and meeting rooms.
- HYDRIC SOILS
- Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.
- HYDROPHYTIC VEGETATION
- Those plants cited in "Vascular Plant Species Occurring in
Maryland Wetlands" (Dawson, F. et al., 1985) which are described as
growing in water or on a substrate that is at least periodically deficient
in oxygen as a result of excessive water content (plants typically
found in water habitats).[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- The science of growing plants in solution or moist inert material containing the necessary minerals instead of soil frequently within a controlled environment.
- Direct artificial lighting or indirect artificial lighting designed to reflect light from light sources erected for the purposes of providing light to the sign or other structure.
- IMMEDIATE FAMILY MEMBER
- Spouse or civil union partner, father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter.
- IMPERVIOUS SURFACE
- Any constructed surface that prevents or retards the penetration of water into the soil.
- INDUSTRIAL CENTER
- A group of industrial or similar establishments that are
planned, developed, owned, and managed as a single property.[Added 10-4-2012 by Ord. No. 649, effective 10-14-2012]
- INDUSTRIAL PARK
- A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open spaces and screening.
- IN-KIND REPLACEMENT
- The replacement of a structure with another structure that
is smaller than or identical to the original structure in footprint
area, width, length, and use.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- INTENSELY DEVELOPED AREAS (IDAs)
- Areas of at least 20 adjacent acres or the entire upland portion of the Critical Area within the boundary of a municipality, whichever is less, where residential, commercial, institutional, and/or industrial developed land uses predominate, and where relatively little natural habitat occurs. These areas shall have had at least one of the following features as of December 1, 1985:
- A. Housing density equal to or greater than four dwelling units per acre;
- B. Industrial, institutional, or commercial uses are concentrated in the area; or
- C. Public sewer and water collection and distribution systems are currently serving the area, and housing density is greater than three dwelling units per acre.
- INTERMEDIATE-CARE HOME
- A facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the disabled or infirm.
- INTERMEDIATE-CARE INSTITUTION
- An institutional facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the disabled or infirm.
- INTERMITTENT STREAM
- A stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent U.S.G.S. 7.5-minute quadrangle published by the United States and shall be identified in the field and accurately drawn on all development plans.
- INVASIVE SPECIES
- A species that is non-native or alien to the ecosystem under
consideration, whose introduction causes or is likely to cause economic
or environmental harm or harm to human health.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- JUNK (OR SALVAGE) YARDS
- A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
- A commercial operation that provides food, shelter and care of animals for purposes not primarily related to medical care (A kennel may or may not be run by or associated with a veterinarian.), or engages in the breeding of animals for sale, or any place where more than two adult animals (over six months) are kept for a boarding or other fee, or any place where more than five adult animals are kept for any purpose.
- K VALUE
- The soils erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
- LAND-BASED AQUACULTURE
- The raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
- LAND CLEARING
- Any activity that removes the vegetative ground cover.
- LANDWARD EDGE
- The limit of a site feature that is furthest away from a
tidal water, tidal wetland, or a tributary stream.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- LARGE SHRUB
- A shrub that, when mature, reaches a height of at least six
feet.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- LEGALLY DEVELOPED
- All physical improvements to a property that existed before
Critical Area Commission approval of a local program, or were properly
permitted in accordance with the provisions of the local program in
effect at the time of construction.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- LIMITED DEVELOPMENT AREAS (LDAs)
- Areas which are currently developed in low- or moderate-intensity uses which contain areas of natural plant and animal habitats, and in which the quality of runoff has not been substantially altered or impaired. These areas shall have had at least one of the following features as of December 1, 1985:
- A. Housing density ranging from one dwelling unit per five acres up to four dwelling units per acre;
- B. Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space;
- C. Areas having public sewer or public water, or both;
- D. Areas meeting the definition of "intensely developed areas" above, less than 20 acres in size.
- LIMIT OF DISTURBANCE
- The area of a development or redevelopment activity that
includes temporary disturbance and permanent disturbance.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- LIQUOR STORE
- A business that sells alcoholic beverages for consumption off-premises. For the purposes of this chapter, the term "liquor store" does not include grocery stores, supermarkets, or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also not include a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this chapter.
- LIVE VIEWING BOOTH
- Any booth, cubicle, stall or room of less than 600 square feet of floor space or area to which patrons may gain admittance, wherein the following are regularly featured:
- LIVING SHORELINE
- A suite of stabilization and erosion control measures that
preserve the natural shoreline and are designed to minimize shoreline
erosion, maintain coastal process, and provide aquatic habitat. Measures
must include marsh plantings and may include the use of sills, sand
containment structures, breakwaters, or other natural components.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- LOADING SPACE or LOADING BERTH
- A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet.
- LOCAL SIGNIFICANCE
- Development of a minor scale, which causes environmental
or economic consequences that are largely confined to the immediate
area of the parcel of land on which it is located; does not substantially
affect the Critical Area Program of the Town of Denton; and is not
considered to be major development as defined in this program.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- LODGING HOUSE
- Same as "boardinghouse."
- A plot or parcel of land having at least the minimum area required by this chapter for a plat or parcel of land in the district in which such lot is situated and having its principal frontage on a public road or private road.
- LOT, AREA
- The total horizontal area within the lot lines of the lot.
- LOT, CORNER
- A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
- LOT COVERAGE
- The percentage of a total lot or parcel that is occupied by a structure, accessory structure, parking area, driveway, walkway or roadway, or covered with gravel, stone, shell, impermeable decking, a paver, permeable pavement, or any man-made material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck. Lot coverage does not include: a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.
- LOT, DEPTH
- The mean horizontal distance between the front and rear lot lines.
- LOT, FLAG
- A lot with access provided to the bulk of the lot by means of a narrow corridor.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT LINE
- The boundary line of a lot.
- LOT OF RECORD
- A parcel of land which has been legally recorded in the land records of Caroline County.
- LOT, REVERSED FRONTAGE
- A lot in which the frontage is at right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.
- LOT, THROUGH
- An interior lot having frontage on two streets.
- LOT WIDTH
- The distance between the side lot lines measured at the required front yard line.
- MAJOR DEVELOPMENT
- Development of a scale that may cause statewide, regional,
or interjurisdictional environmental or economic effects in the Critical
Area, or which may cause substantial impacts on the critical area
program of a local jurisdiction. This development includes, but is
not limited to, airports, powerplants, wastewater treatment plants,
highways, regional utility transmission facilities, prisons, hospitals,
public housing projects, public beaches, and intensely developed park
and recreation facilities.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- MAJOR SITE PLAN
- Any site plan which would include the extension of public water or sewer lines, placement of roads or installation of any stormwater management device.
- MAJOR SUBDIVISION
- Subdivision that involves any of the following: the creation of more than three lots; the creation of any new public streets; the extension of a public water or sewer system; or the installation of drainage improvements through one or more lots to serve one or more other lots.
- A large enclosed collection of independent retail stores and services, with associated shared parking areas, constructed and maintained by a management firm as a unit.
- MANUFACTURED HOME (commonly called a "mobile home" or "trailer")
- Any structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling or for human habitation, with or without a permanent foundation.
- MANUFACTURED HOME PARK
- A lot, parcel, or tract of land which is being used, designed, or held out to accommodate parking for manufactured homes for continuing occupancy, including all accessory buildings, vehicles, and appurtenances used or intended as equipment for such manufactured home park. A manufactured home park does not include an automobile or sales lot on which unoccupied mobile homes may be parked for inspection and sale.
- MANUFACTURED HOME STAND
- That part of an individual manufactured home lot which has been reserved for the placement of the manufactured home.
- MANUFACTURE, MANUFACTURING
- The process of converting raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for different purpose.
- A place for docking four or more pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, and provisions of lodging, goods, beverages, and entertainment as accessory uses. A yacht or boat club shall be considered as a marina.
- MEAN HIGH-WATER LINE
- The average level of high tides at a given location.
- MICROBREWERY, MICROWINERY, MICRODISTILLERY
- A facility in which beer, wine, or other alcoholic beverages
are brewed, fermented, or distilled for distribution and consumption,
and which possesses the appropriate license from the State of Maryland.
Tasting rooms for the consumption of on-site produced beer, wine,
or distilled products are permitted on the premises.[Added 3-7-2013 by Ord. No. 651, effective 3-17-2013]
- MINOR BOUNDARY LINE ADJUSTMENT
- A boundary line adjustment not resulting in a change that would allow increased development or density rights otherwise regulated by applicable land use codes.
- An action taken to compensate for adverse impacts to the
environment resulting from development, development activity, or a
change in land use or intensity.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- MODULAR HOME
- Sectional, prefabricated structure that consists of one or more modules or sections manufactured in a remote facility and delivered to their intended site and designed to be used with a permanent foundation.
- MOTEL, MOTOR COURT, MOTOR HOTEL, LODGE, or INN
- Same as "hotel," except that the building or buildings are designed primarily to serve tourists traveling by automobile and that ingress and egress to rooms need not be through a lobby or offices.
- MOTOR VEHICLE DEALER
- A building, structure, or area of land used for the storage or display for sale of motor vehicles but not used for the storage of dismantled or wrecked motor vehicles.
- NATIVE PLANT
- A species that is indigenous to the physiographic area in
Maryland where the planting is proposed.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- NATURAL FEATURES
- Components and processes present in or produced by nature, including but not limited to soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
- NATURAL HERITAGE AREA
- Any communities of plants or animals which are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.
- NATURAL REGENERATION
- The natural establishment of trees and other vegetation with
at least 400 free-to-grow seedlings per acre, which are capable of
reaching a height of at least 20 feet at maturity.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- NATURAL VEGETATION
- Plant communities that develop in the absence of human activities.
- NATURE DOMINATED
- A condition where the landforms or biological communities, or both, have developed by natural processes in the absence of human interaction.
- NEIGHBORHOOD CENTER
- Permitted through a special exception in those districts where allowed in the Table of Uses, developments within existing neighborhoods that are limited to businesses that primarily cater to neighborhood residents, such as small grocery stores, personal and professional services, dry cleaners, video shops, cafes, tea rooms, small bakeries, and other uses that are deemed appropriate by the Planning Commission and Board of Appeals.
- NEIGHBORHOOD ESSENTIAL SERVICES
- Any utility facility needed to provide basic services such as water, sewer, telephone, and cable television to the individual users.
- NEW DEVELOPMENT
- For purposes of implementing specific provisions of this
program, new developments (as opposed to redevelopment) means a development
activity that takes place on a property with pre-development imperviousness
(in IDA) or lot coverage (LDA and RCA) of less than 15% as of December
1, 1985.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- NONCONFORMING LOT
- A lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.
- NONCONFORMING PROJECT
- Any structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
- NONCONFORMING USE
- Any building or land lawfully occupied by a use at the time of passage of this chapter, or amendment thereto, which does not conform to the use regulations of the district in which it is located.
- NONPOINT SOURCE POLLUTION
- Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by end-of-pipe treatment, but rather by changes in land management practices.
- NONPROFIT ORGANIZATION
- Any organization engaging primarily in civic or community services, including Lions, Kiwanis, Rotary, Optimists, and organizations of a similar nature which are not operated for profit (e.g., having 501(c)3 status).
- NONRENEWABLE RESOURCES
- Resources that are not naturally regenerated or renewed.
- NONTIDAL WETLANDS
- Those areas regulated under Subtitle 9 of the Environment
Article that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation." The determination of whether an area is a nontidal wetland
shall be made in accordance with the publication known as the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands," published
in 1989 and as may be amended. Nontidal wetlands do not include tidal
wetlands regulated under Title 16 of the Environment Article of the
Annotated Code of Maryland.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- NURSING CARE HOME
- A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than eight persons.
- NURSING CARE INSTITUTION
- An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than eight persons.
- NURSING HOME
- A place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities, or injuries who do not require extensive or intensive care such as is normally provided in a general or other specialized hospital; includes rest homes, convalescent homes, and homes for the aged. A nursing home does provide medical, nursing, convalescent or chronic care in addition to room and board.
- OCCUPANCY, CERTIFICATE OF
- The certificate issued by the Building Official, or designee, which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use and occupancy of the building as specified in the Town Code. See Chapter 38, Building Construction, Article II, Building Code, and this chapter.
- OFFICE, GENERAL
- An office for the use of professional people such as doctors, lawyers, accountants, etc., or general business offices such as insurance companies, trade associations, manufacturing companies, investment concerns, banks and trust companies, real estate companies, etc., but not including any kind of retail or wholesale store or warehouse, except as otherwise provided herein.
- OFFICE PARK
- A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designated, planned, constructed and managed on an integrated and coordinated basis.
- OFFICE, PROFESSIONAL NONRESIDENTIAL
- A single-family structure used for professional office purposes by any member of a recognized profession, such as, but not limited to, doctors, lawyers, architects, accountants, veterinarians and engineers, but not including medical or dental clinics or veterinarian clinics. Professional offices do not include general business offices, such as the offices of insurance companies, trade associations, manufacturing companies, investment concerns, banks or real estate companies.
- OFFICE, PROFESSIONAL RESIDENTIAL
- Rooms and/or buildings used for office purposes by not more than one member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics, provided that such use shall be incidental to and subordinate to residential use and not one involving a commercial enterprise. Such use shall preclude manufacturing or sale of any hardware product, except those remedial devices that are prescribed as a direct result of the specific service rendered on the premises, and those devices cannot be obtained by the client from any commercial establishment.
- Structures or actions that compensate for undesirable impacts. (See also "BMPs.")
- OFF-STREET PARKING AREA
- Space provided for vehicular parking not on a street or roadway.
- OPEN WATER
- Tidal waters of the state that do not contain tidal wetlands and/or submerged aquatic vegetation.
- OPEN SPACE
- Land and water areas retained in an essentially undeveloped
state.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A separate accessory building or structure not physically connected to the principal building.
- The person, partnership, corporation, company, or other legal entity holding current legal title to a lot, tract, or parcel of land.
- The extension of the main walls of a building above the roof.
- PARKING AREA AISLES
- A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
- PARKING AREA (LOT or STRUCTURE)
- A structure, or an off-street area for parking or loading and unloading, whether required or permitted by this chapter, including driveways, accessways, aisles, and maneuvering areas, but not including any public or private street right-of-way.
- PARKING FLOOR AREA
- The floor area of a structure as defined herein less storage and warehouse areas used principally for nonpublic purposes of said structure. Any basement or cellar space used for retailing shall be included in the parking floor area for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
- PARKING SPACE, OFF-STREET
- An all-weather surfaced area not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords satisfactory ingress and egress for automobiles. At a minimum, each parking space shall measure nine feet by 18 feet.
- PEDDLING (peddlers' activity)
- The act of offering for sale and simultaneous delivery goods, wares or merchandise, including, but not limited to, magazines, books, periodicals, foodstuffs and personal property of every nature, from house to house or from place to place or on the public streets or in any other public or private place, including offering any of the above-mentioned items for sale and simultaneous delivery from any type of wagon, vehicle, boat or other movable structure.
- PERENNIAL STREAM
- A stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent U.S.G.S. 7.5-minute quadrangle published by the United States and shall be identified in the field and accurately drawn on all development plans.
- A. A material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity. Permanent disturbance includes: construction or installation of any material that will result in lot coverage; construction of a deck; grading that does not otherwise qualify as temporary disturbance; and clearing of a tree, forest, or developed woodland that does not otherwise qualify as temporary disturbance.
- B. Permanent disturbance does not include a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.
- An individual, trustee, executor, other fiduciary, corporation firm, partnership, limited-liability company, association, organization, or other entity acting as a unit.
- Any animal kept for pleasure rather than utility.
- A place where legal drugs and medicines are prepared and dispensed.
- PHYSIOGRAPHIC FEATURES
- The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
- Any pier, wharf, dock, walkway, bulkhead, breakwater, piles
or other similar structure. "Pier" does not include any structure
on pilings or stilts that was originally constructed beyond the landward
boundaries of state or private wetlands.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- An open, unoccupied space other than a street or alley, permanently established or dedicated in the principal means of access to property abutting thereof.
- PLACE OF WORSHIP
- A building or premises where persons regularly assemble for religious worship, and those accessory activities customarily associated therewith, and where the buildings and premises are maintained and controlled by a religious body organized to sustain public worship.
- PLANNED RESIDENTIAL DEVELOPMENT (PRD)
- A development constructed on a tract of at least five acres under single ownership, planned and developed as an integral unit, and consisting of single-family detached residences combined with either duplexes, townhouses, or multifamily residences, or all of the above, all developed in accordance with Article XIII, Density and Dimensional Regulations.
- PLANNED UNIT DEVELOPMENT (PUD)
- A subdivision of varied land uses, residential structural types and densities developed so as to integrate all the features into a harmonious whole.
- PLANNING COMMISSION
- The Denton Planning Commission.
- PLANT HABITAT AND WILDLIFE HABITAT
- "Plant habitat" means a community of plants commonly identified by the composition of its vegetation and its physiographic characteristics. "Wildlife habitat" means those plant communities and physiographic features that provide food, water and cover, nesting and foraging or feeding conditions necessary to maintain populations of animals in the Critical Area.
- A parcel of land which may include one or more platted lots occupied or intended for occupancy by a use permitted in this chapter, including one main building, together with its accessory buildings, the yard areas and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
- A facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
- A lot, together with all buildings and structures thereon.
- PRIMARY HIGHWAY
- A highway designated as a state primary highway or United States highway by the Maryland Department of Transportation.
- PRINCIPAL STRUCTURE
- The primary or predominant structure on any lot or parcel.
For residential parcels or lots, the principal structure is the primary
dwelling.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- PRIVATE HARVESTING
- The cutting and removal of trees for personal use.
- PRIVATE PIER
- A privately owned pier that is no more than six feet wide.
- PRIVATE TIDAL WETLANDS
- A. Land not considered state wetland bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth;
- B. Tidal wetlands transferred by the state by a valid lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights are considered "private tidal wetlands" to the extent of the interest transferred; and
- C. Tidal waters created by the excavation of upland unless conveyed to the state.
- PROGRAM AMENDMENT
- Any change or proposed change to an adopted program that
is not determined by the Chairman of the Critical Area Commission
to be a program refinement.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- PROGRAM REFINEMENT
- Any change or proposed change to an adopted program that
the Chairman of the Critical Area Commission determines will result
in a use of land or water in the Chesapeake Bay Critical Area or Atlantic
Coastal Bays Critical Area in a manner consistent with the adopted
program, or that will not significantly affect the use of land or
water in the Critical Area. Program refinement may include:[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A. A change to an adopted program that results from state law;
- B. A change to an adopted program that affects local processes and procedures;
- C. A change to a local ordinance or code that clarifies an existing provision; and
- D. A minor change to an element of an adopted program that is clearly consistent with the provisions of State Critical Area law and all the criteria of the Commission.
- PROJECT APPROVALS
- The approval of development, other than development by the
state or local government, in the Chesapeake Bay Critical Area by
the appropriate local approval authority. The term includes approval
of subdivision plats and site plans; inclusion of areas within floating
zones; issuance of variances, special exceptions, and conditional
use permits; and issuance of zoning permits. The term does not include
building permits.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- PROPERTY LINES
- The lines bounding a zoning lot, as defined herein.
- PROPERTY OWNER
- A person holding title to a property or two or more persons
holding title to a property under any form of joint ownership.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- PUBLIC UTILITIES
- Uses or structures for the public purpose of power transmission and distribution (but not power generation); fuel transmission and distribution (but not manufacturing or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities (but not utility truck terminal facilities); radio and television facilities (not including broadcasting studios); and rail or highway rights-of-way (not including stations or terminals).
- PUBLIC WATER AND SEWERAGE SYSTEMS
- A water or sewerage system owned and operated by a municipality or county or an authority or owned and operated by the governing body and permitted by the State of Maryland, and subject to special regulations.
- PUBLIC WATER-ORIENTED RECREATION
- Shore-dependent recreation facilities or activities provided
by public agencies that are available to the general public.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- PUBLIC WAY
- Any sidewalk, pedestrian path, street, alley, highway, or other public thoroughfare.
- PUBLIC WORKS AGREEMENT
- An agreement between the developer and the Town setting forth the improvements which the developer will be responsible for and the conditions for the construction and acceptance of such improvements by the Town.
- The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.
- The changing of the zoning classification which applies to a particular area of land.
- A change of the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lots.
- RECREATION, ACTIVE
- Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields. Examples include playgrounds, playing fields and team participation such as baseball, soccer, lacrosse, and basketball. Outdoor lighting of playing fields may be permitted.
- RECREATION FACILITY
- A place designated and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities.
- RECREATION, PASSIVE
- Generally an undeveloped space or environmentally sensitive area that requires minimal development. Activities involve relatively inactive or less energetic activities, such as walking and picnicking. Examples include walking/biking paths and trails and picnic areas. Outdoor lighting is prohibited except for safety requirements.
- RECREATION VEHICLE or RV
- A motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation and camping. RVs do not include manufactured homes, off-road vehicles or snowmobiles. RVs are classified into two groups: towables and motorized. Towables are designed to be towed by a motorized vehicle (auto, van, or pickup truck) and are of such size and weight as not to require a special highway movement permit. Towables are designed to provide temporary living quarters for recreational camping or travel use and do not require permanent on-site hookup. The towables include conventional travel trailers, fifth-wheel travel trailers, folding camping trailers and the truck campers. A motorized RV is a recreational camping and travel vehicle built on or as an integral part of a self-propelled motor vehicle chassis. It may provide kitchen, sleeping, and bathroom facilities and be equipped with the ability to store and carry fresh water and sewage. Motorized RVs include motor homes (Class A), van campers (Class B), motor homes (Class C) and conversion vehicles.
- The act or process of redeveloping land, buildings, and structures
in any zoning district. Redevelopment includes rehabilitation, the
removal of blighted buildings, structures, and vegetation; and the
replacement or remodeling or reuse of existing buildings and structures
to accommodate new development.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013; 4-7-2016 by Ord. No. 677, effective 4-14-2016]
- REDEVELOPMENT, CRITICAL AREA
- The process of developing land which is or has been developed.
For purposes of implementing specific provisions of this program,
"redevelopment" (as opposed to new development) means a development
activity that takes place on property with predevelopment imperviousness
(in IDA) or lot coverage (in LDA and RCA) of 15% or greater.[Added 4-7-2016 by Ord. No. 677, effective 4-14-2016]
- The establishment of a forest through artificial reproduction or natural regeneration.
- The whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols, contained or referred to in this chapter.
- RENEWABLE RESOURCE
- A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
- RESIDENCE, COMMERCIAL APARTMENT
- A multifamily residence located above the principal commercial use.
- RESIDENCE, MULTIFAMILY
- A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch) (e.g., townhouses and apartments).
- RESIDENCE, MULTIFAMILY CONVERSION
- A multifamily residence containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
- RESIDENCE, PRIMARY WITH ACCESSORY APARTMENT
- A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25% of the gross floor area of the building nor more than a total of 750 square feet.
- RESIDENCE, TWO-FAMILY CONVERSION
- A two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
- RESOURCE CONSERVATION AREAS (RCA)
- Areas characterized by nature-dominated environments (that is, wetlands, forests, abandoned fields) and resource-utilization activities (that is, agriculture, forestry, fisheries activities, or aquaculture). These areas shall have had at least one of the following features as of December 1, 1985:
- RESOURCE UTILIZATION ACTIVITIES
- Any and all activities associated with the utilization of
natural resources such as agriculture, forestry, surface mining, aquaculture,
and fisheries activities.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- RESTAURANT, RIVERFRONT
- An establishment that conforms to the definition of a "restaurant,
standard," and is located in the Recreational and Parks District,
along the Choptank River and within the Buffer Exemption Area (BEA)
of the Critical Area.[Added 12-6-2010 by Ord. No. 615, effective 12-16-2010]
- The act of returning a site or area to an original state
or any action that reestablishes all or a portion of the ecological
structure and functions of a site or area.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- RETAIL STORE
- Stores selling one kind or various kinds of goods, as distinct from services, such as, but not limited to, drugstores, grocery stores, department stores, camera shops, bookstores, and record shops.
- A strip of land designated for the use of a road, highway, driveway, alley or walkway, or for any drainage or public utility purpose or other similar uses.
- RIPARIAN HABITAT
- A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
- A public thoroughfare under the jurisdiction of the state,
a county, a municipal corporation, or any other public body. "Road"
does not include a drive aisle or a driveway.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- ROOMING HOUSE
- Same as "boardinghouse."
- SATELLITE DISH (RECEIVE-ONLY)
- A device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite, typically up to 12 feet in diameter, in the shape of a shallow dish or parabola.
- SEASONALLY FLOODED WATER REGIME
- A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.
- For the purpose of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 linear inches of benches, pews, or space for loose chairs.
- SECONDARY HIGHWAY
- A highway designated as a state secondary highway by the Maryland Department of Transportation.
- The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
- A use owned or operated by a nonprofit, religious or philanthropic institution and providing education, cultural, recreational, religious, or similar types of public programs.
- SENIOR CENTER
- An establishment that may function as a meal site, screening clinic, recreational clinic, recreational center, social service agency branch office, mental health counseling clinic, older worker employment agency, volunteer coordinating center and community meeting hall.
- SENSITIVE AREAS
- Environmental protection areas identified in the Economic Growth, Resource Protection and Planning Act of 1992 (See § 5-7A-01 et seq. of the Annotated Code of Maryland.) for which special standards, designed to protect these areas from the adverse effects of development, have been included in this chapter. (See § 128-149.) These areas include the following:
- The minimum required distance between the point where any structure on a lot meets the ground surface and any lot line or boundary of a Town or state road right-of-way.
- SHORE EROSION CONTROL MEASURES
- Any number of structural and nonstructural methods or techniques used to control the erosion of shoreline areas.
- SHORE EROSION PROTECTION WORKS
- Those structures or measures constructed or installed to
prevent or minimize erosion of the shoreline in the Critical Area.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A sign is any structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device. A sign shall not include a similar structure or device located within a building except illuminated boards, but does not include the flag, pennant, or insignia of any nation or association of nations, or of any state, city, or other political unit, or of any political, charitable, educational, philanthropic, civic, or like campaign, drive, movement, or event.
- SIGN, ABANDONED OR OBSOLETE
- A sign either on-premises or off-premises, which identifies, describes, directs attention to, or gives directions for locating any business or establishment no longer in operation, or advertises any product no longer being marketed or any sign structure in disrepair.
- SIGN, A-FRAME
- A freestanding sign usually hinged at the top, or attached in a manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and not considered to be permanent signs.
- SIGN AREA
- That area enclosed by the periphery connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting lines, etc., which are not part of the main supports of the sign are to be included in determining sign area. On a two-sided sign, only one face is counted in computing the sign's area, provided the faces are located not more than two feet from each other.
- SIGN, BANNER
- Any cloth, bunting, plastic, paper or similar nonrigid material and captive/tethered balloon or inflatable sign used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle.
- SIGN, BILLBOARD
- A structure designed, intended or used for advertising a product, property, business, entertainment, service, amusement, or the like, and not located where the matter advertised is available or occurs.
- SIGN, BULLETIN BOARD
- A board or wall area on which bulletins, notices, announcements or displays are posted.
- SIGN, CHANGEABLE ELECTRONIC MESSAGE BOARD
- A sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable message board signs include computer-programmable, microprocessor-controlled electronic displays.
- SIGN, CHANGEABLE MESSAGE BOARD
- A freestanding, permanent or moveable sign with manually moveable and interchangeable letters or numbers.
- SIGN, COMBINATION
- A freestanding sign that has a permanent component advertising a business and also has a message board component.
- SIGN, CONSTRUCTION
- A sign erected during the construction of a building or other type of improvement, customarily listing the name of the owner, architect, engineer, designer, and/or contractors involved in the construction of the building or improvement.
- SIGN, ELECTRONIC DISPLAY SCREEN
- A sign or portion of a sign that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays.
- SIGN, ELECTRONIC GRAPHIC DISPLAY
- A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of a fade, repixilation or dissolve mode. Electronic graphic display signs include computer-programmable, microprocessor-controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.
- SIGN, ELECTRONIC MESSAGE BOARD
- Any sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
- SIGN, FLAG
- Any cloth, bunting or similar material containing distinctive
colors, patterns or symbols, indicating the name, trademark or logo
of a business or used as an advertising device.[Amended 6-6-2011 by Ord. No. 631, effective 6-16-2011]
- SIGN, FLASHING
- Any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign shall be considered a flashing sign.
- SIGN, FLAT/WALL
- Any sign attached parallel to, but within nine inches of, a wall, which is supported by such wall or building and displays only one sign surface. This includes those signs painted in or erected and confined within the limits of an outside wall or building.
- SIGN, FREESTANDING
- A sign that is attached to, erected on or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without separate supporting elements, such as a "sandwich sign," is also a freestanding sign.
- SIGNIFICANTLY ERODING AREAS or SIGNIFICANT SHORELINE EROSION
- Areas that erode two feet or more per year.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- SIGN, MARQUEE
- A roof-like structure of a permanent nature which projects from the wall of a building or its supports and may overhang the public way.
- SIGN, PENNANT
- Any cloth, bunting, plastic, paper, or similar material, whether or not it contains a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
- SIGN, PERMANENT MATERIAL
- A sign constructed of materials engineered or manufactured to be durable, designed for long-term use, and appropriate for the conditions where such sign is located. Examples of permanent sign materials are: exterior-grade wood, such as redwood or cedar, high-density urethane, Dibond, aluminum, and medium-density overlay (MDO).
- SIGN, POLITICAL
- A temporary sign designed to attract support for a particular candidate, political party, or political issue or to express an opinion on any matter of public interest.
- SIGN, PORTABLE OR MOBILE
- A sign that is not permanently secured to a structure or the ground.
- SIGN, PROJECTING
- Any sign affixed to a building or wall in such a manner that its leading edge extends more than nine inches beyond the surface building or wall.
- SIGN, SHIMMERING
- A sign which reflects an oscillating, sometimes distorted visual image.
- SIGN, STOREFRONT WINDOW
- Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. This definition shall not include the display of merchandise, provided that such display does not contain any advertising.
- SIGN, TEMPORARY
- A nonelectronic sign that is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or is intended to remain on the location where it is erected or placed for a period of not more than a predetermined number of days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
- SIGN, TIME/TEMPERATURE
- An electronic or mechanical device which shows time and/or temperature, but contains no business identification or advertising.
- SIGN, VEHICLE
- Any sign exceeding 10 square feet in area and mounted on, painted on, placed on, attached or affixed to a trailer, watercraft, truck, automobile, or other form of transportable vehicle so parked or placed so that the sign thereon is discernible from a public street or right-of-way as a means of communication or exhibiting.
- The care and cultivation of forest trees; forestry.
- SITE PLAN
- A drawing or plat which describes and locates required improvements of a development tract in accordance with the provisions of Article XXIII of this chapter.
- A. Concept or sketch: an informal pre-submission of an illustration(s) demonstrating proposed development of a site.
- B. Preliminary: drawing(s) with more substantive detail than a concept or sketch plan indicating the proposed layout of the subdivision or site, including the geometric layout with all proposed streets, lots, and easements drawn to scale.
- C. Final: detailed drawing(s) with all substantive specificity (information about the project, including, but not limited to, legal data, impact on environs, natural features, existing development and infrastructure and the site development).
- Any area where dwellings predominate that, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, is detrimental to safety, health, or morals.
- SMALL SHRUB
- A shrub that, when mature, reaches a height no greater than
six feet.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- SOIL CONSERVATION AND WATER QUALITY PLANS
- Land use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
- SOLAR PANEL
- A packaged interconnected assembly of solar cells, also known as "photovoltaic cells." The solar panel is used as a component in a larger photovoltaic system. Because a single solar panel can only produce a limited amount of power, many installations contain several panels. This is known as a "photovoltaic array." A photovoltaic installation typically includes an array of solar panels, an inverter, batteries and interconnection wiring.
- SPECIAL EVENTS
- Circuses, fairs, carnivals, festivals, or other types of special events that run for longer than one day but not longer than two weeks, are intended to or likely to attract substantial crowds, and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
- SPECIAL EXCEPTION
- Permission given by the Board of Appeals to establish a specific use that would not be appropriate generally or without restriction throughout a zoning district but which if controlled as to number, area, location, or relation to the neighborhood would comply with the purpose and intent of this chapter. Such uses may be approved within a zoning district if specific provision for such a special exception is made in this chapter.
- SPECIES IN NEED OF CONSERVATION
- Those fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article, §§ 10-2A-03 and 4-2A-03, Annotated Code of Maryland.
- SPOIL PILE
- The overburden and reject materials as piled or deposited during surface mining.
- SPOT BLIGHT
- A structure, improvement, or lot that is a blighted property as defined in this section.
- SPOT BLIGHT ABATEMENT PLAN
- A written plan prepared by the owner or owners of record of the real property to address spot blight.
- STABLE, COMMERCIAL OR CLUB
- Any building or land where horses are kept for breeding, hire, sale, boarding, riding or show.
- STABLE, NONCOMMERCIAL
- Any building or structure, accessory to the principal use of the premises as a residence, that shelters horses for the exclusive use of the occupants of the premises.
- STATE TIDAL WETLAND
- Any land under the navigable waters of the state below the mean high tide affected by the regular rise and fall of the tide. Tidal wetlands of this category which have been transferred by the state by a valid lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights are considered "private tidal wetlands" to the extent of the interest transferred.
- STEEP SLOPES
- Any slope with a grade of 15% or more shall be considered a steep slope.
- The keeping, either indoors (including inside a cargo trailer) or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Storage does not include the overnight parking in residential zones of a single vehicle weighing no more than 2.5 tons gross vehicle weight which, although used primarily for business, trade, or professional purposes, also provides daily transportation to and from work.
- A. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; and
- B. For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
- STORMWATER MANAGEMENT PLAN
- A set of drawings or other documents, submitted by a person as a prerequisite to obtaining a stormwater management approval, which contain all of the information and specifications pertaining to stormwater management.
- That portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
- STORY, HALF
- A space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate, shall be counted as a half story when not more than 60% of said floor area is used for rooms, baths, or toilets. A half story containing an independent apartment or living quarters shall be counted as a full story.
- A public thoroughfare which affords the principal means of access to property abutting thereon.
- STREET CLASSIFICATION/FUNCTIONAL SYSTEMS FOR RURAL AREAS ROAD CLASSIFICATION
- Rural roads consist of those facilities that are outside of small urban and urbanized areas. They are classified into four major systems: principal arterials, minor arterial roads, major and minor collector roads, and local access streets. The road classifications are shown conceptually in the Comprehensive Plan on Map 7.4.
- STREET, CUL-DE-SAC
- A street that terminates in a vehicular turnaround.
- STREET LINE
- A dividing line between a lot, trace, or parcel of land and a contiguous street.
- STREET, SERVICE ACCESS
- A minor street which is parallel and adjacent to (principal arterials) parkways, throughways or bypasses, and which provides access to abutting properties and protection from through traffic.
- STRUCTURAL ALTERATIONS
- Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams, girders, or any substantial change in the roof or in the exterior walls.
- Building or construction materials, or a combination of those
materials, that are purposely assembled or joined together on or over
land or water. "Structure" includes a temporary or permanent fixed
or floating pier, piling, deck, walkway, dwelling, building, boathouse,
platform, gazebo, or shelter for the purpose of marine access, navigation,
working, eating, sleeping, or recreating.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future).
- SUBDIVISION, MAJOR
- Any subdivision other than a minor subdivision.
- SUBDIVISION, MINOR
- A subdivision that does not involve any of the following: the creation of more than a total of three lots; the creation of any new public streets; the extension of a public water or sewer system; or the installation of drainage improvements through one or more lots to serve one or more other lots.
- SUBSTANTIAL ALTERATION
- Any repair, reconstruction, or improvement of a principal
structure, where the proposed footprint equals or exceeds 50% of the
existing principal structure.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- A store that is larger in size than, and has a wider selection of products than, a grocery store. A supermarket typically offers a wide variety of food and household merchandise organized into departments.
- SUPPLEMENTAL PLANTING PLAN
- A description and landscape schedule that shows the proposed
species type, quantity, and size of plants to be located within a
buffer if natural regeneration does not meet the required stem density.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- TATTOO STUDIO/PARLOR
- A place where people receive permanent decorative tattoos and/or body piercing from a tattoo artist.
- An establishment used primarily for the serving of liquor by the drink to the general public, and where food or packaged liquors may be served or sold only as an accessory to the primary use. Also called a "bar" or "lounge."
- TELEVISION OR SATELLITE DISH
- A device or equipment used primarily for the receiving of television, radio programming, or Internet which is a subordinate use or structure customarily incidental to and located upon the same lot as the main structure, in either a side or rear yard.
- TEMPORARY EMERGENCY, CONSTRUCTION OR REPAIR RESIDENCE
- A residence (which may be a mobile home) that is located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed; or located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site. These residences shall be removed from the site within one month of resolution of the situation which prompted their need.
- TEMPORARY DISTURBANCE
- A short-term change in the landscape that occurs as part
of a development or redevelopment activity. "Temporary disturbance"
includes: storage of materials that are necessary for the completion
of the development or redevelopment activity; construction of a road
or other pathway that is necessary for access to the site of the development
or redevelopment activity, if the road or pathway is removed immediately
after completion of the development or redevelopment activity and
the area is restored to its previous vegetative condition; and grading
of a development site, if the area is restored to its previous vegetative
condition immediately after completion of the development or redevelopment
activity. "Temporary disturbance" does not include: a septic system
in a forest or developed woodland on a lot created before local program
approval, if clearing is required. "Temporary disturbance" also does
not include a violation.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- THREATENED SPECIES
- Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources which appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be threatened species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
- TIDAL WETLANDS
- All state and private wetlands, marshes, submerged aquatic vegetation, lands, and open water affected by the daily and periodic rise and fall of the tide within the Chesapeake Bay and its tributaries, the coastal bays adjacent to Maryland's coastal barrier islands, and the Atlantic Ocean to a distance of three miles offshore of the low-water mark.
- The existing configuration of the earth's surface, including the relative relief, elevations, and position of land features.
- TOURIST COURT; AUTO COURT
- Same as "motel."
- TOURIST HOME
- A private, owner-occupied home in which bedrooms are rented to tourists or travelers.
- Any structure whose principal function is to support an antenna or wind turbine.
- One of a group of attached single-family dwellings which are designed as single structures, with each dwelling unit separated by fire walls, fire separations, or similar party wall. No more than eight dwelling units shall be attached.
- TOWNHOUSE UNIT
- A single-family dwelling forming one of a series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one such dwelling unit to another.
- A lot. (See definition of "lot.") The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one tract is subdivided into several lots.
- TRANSITIONAL HABITAT
- A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
- TRANSPORTATION FACILITIES
- Anything that is built, installed, or established to provide
a means of transport from one place to another.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- For purposes of the Critical Area, a woody perennial plant having a single, usually elongated main stem generally with few or no branches on its lower part; a perennial shrub or herb of arborescent form. For purposes of the forest conservation provisions of this chapter, a tree is defined as a large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
- TRIBUTARY STREAMS
- Perennial and intermittent streams in the Critical Area that are so noted on the most recent U.S. Geological Survey 7.5-minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the Town.
- The layer of forest vegetation typically located underneath
the forest canopy.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- UNDERSTORY TREE
- A tree that, when mature, reaches a height between 12 and
35 feet.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- UNWARRANTED HARDSHIP
- Without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- UPLAND BOUNDARY
- The landward edge of a tidal wetland or nontidal wetland.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- The purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.
- USE, CONDITIONAL
- Permission to conduct certain activities within a zoning district. Such activities are considered conditional uses, which are permitted within the zone only upon special approval of the Board of Appeals.
- USE, PERMITTED
- A use which may be lawfully established in a particular district or districts, provided it conforms to all regulations, requirements, and standards of such district.
- USE, SPECIAL EXCEPTION
- See "use, conditional."
- UTILITY FACILITIES, COMMUNITY OR REGIONAL
- All utility facilities other than neighborhood utility facilities.
- UTILITY FACILITIES, NEIGHBORHOOD
- Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.
- UTILITY TRANSMISSION FACILITIES
- Fixed structures that convey or distribute resources, wastes, or both, including, but not limited to, electric lines, water conduits, and sewer lines.
- A modification only of density, bulk or area requirements in this chapter where such modifications will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the results of any action taken by the applicant, a literal enforcement of this chapter would result in unnecessary hardship.
- VENDOR OPERATIONS
- Those uses offering a product for sale on a regular basis, in which said sales are not located within a permanent structure.
- VIEWING BOOTH
- Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROM, books, magazines, or periodicals) for observation by patrons therein. A viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet.
- A structure used for the storage and/or the sale of products at wholesale, and where the sale of a product at retail is incidental.
- WASH PLANT
- A facility where sand and gravel is washed during processing.
- WATER-BASED AQUACULTURE
- The raising of fish and shellfish in any natural, open, free-flowing water body.
- Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by reason of overflow or water.
- WATER-DEPENDENT FACILITIES
- Those structures or works associated with industrial, maritime,
recreational, educational, or fisheries activities that require location
at or near the shoreline within the buffer. An activity is water dependent
if it cannot exist outside the buffer and is dependent on the water
by reason of the intrinsic nature of its operation. Such activities
include, but are not limited to, ports, the intake and outfall structures
of power plants, water-use industries, marinas and other boat-docking
structures, public beaches and other public water-oriented recreation
areas, and fisheries activities.[Amended 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- Birds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.
- WATER-USE INDUSTRY
- An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- The selling of goods in relatively large quantities and usually at lower prices than at retail, especially such selling to retailers for resale to consumers.
- WILDLIFE CORRIDOR
- A strip of land having vegetation that provides habitat and a safe passageway for wildlife.
- WILDLIFE HABITAT
- Those plant communities and physiographic features that provide
food, water, cover, and nesting areas, as well as foraging and feeding
conditions necessary to maintain populations of animals in the Critical
Area.[Added 12-12-2013 by Ord. No. 650, effective 12-19-2013]
- WILD OR EXOTIC ANIMAL
- Any live monkey, raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous snake or tarantula which can normally be found in the wild state or any other member of crocodilian, including but not limited to alligators, crocodiles, caimans, gavials or any other animal so classified by the State of Maryland. Ferrets, nonpoisonous snakes, rabbits and laboratory rats which have been bred in captivity, and which have never known the wild, shall be excluded from this definition.
- WIND TURBINE
- A device with vanes that are rotated by the wind to generate electricity, usually similar in appearance to a giant aircraft propeller and mounted on a tall, slim tower.
- WOODED AREA
- An area of contiguous wooded vegetation where trees are at a density of at least one six-inch-or-greater-caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.
- An open space other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided for in this chapter. See Appendix VI at the end of this chapter.
- YARD, FRONT
- A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the terraces or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
- YARD, REAR
- A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.
- YARD, SIDE
- A yard between the main building and the side line of the lot and extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and side of the main buildings or any projections thereof.
- ZONING DISTRICT
- An area within which certain uses of land and structures are permitted and certain others are prohibited; yards and other open spaces are required; minimum lot areas and dimensions and other requirements are established.
- ZONING OVERLAY DISTRICT
- A district which is placed over the existing regular or parent zoning because of siting of a zoning district or imposes additional restrictions, e.g., the Critical Area Overlay District.
- ZONING PARENT DISTRICT
- Those basic districts initially listed other than special districts in Articles IV through IX.
- ZONING PERMIT
- A written statement issued by the Director of Planning and Codes authorizing buildings, structures, or uses consistent with the terms of this chapter, and for the purpose of carrying out and enforcing its provisions.
Editor's Note: See § 8-1803 of the Natural Resources Article of the Annotated Code of Maryland.
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
Editor's Note: See § 8-1801 et seq. of the Natural Resources Article of the Annotated Code of Maryland.
Editor's Note: The former definition of "shopping center," which immediately followed this definition, was repealed 10-4-2012 by Ord. No. 649, effective 10-14-2012.
Editor's Note: The former definition of "sign, decorative flag," which immediately followed, was repealed 6-6-2011 by Ord. No. 631, effective 6-16-2011. See now the definition of "flag."
Editor's Note: The Table of Use Regulations is included at the end of this chapter.