Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated. Where this chapter refers to Transit Oriented Development Illustrations, Maps and Regulating Plan, those illustrations, maps and regulating plan are set forth in §
235-42 and incorporated by reference.
ABANDON
The relinquishment of the right to use or the cessation of
the lawful use of a property for a period of one year. Use of property
for purposes other than that permitted under this chapter shall not
affect or extend the period of abandonment.
ABUT
To adjoin, physically touch, border upon or share a common
property line.
ACCESS
An unobstructed way to provide entry to or exit from a property.
ACCESSORY STRUCTURE OR USE
A structure or use of land, or portion thereof, customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot or parcel of land with such principal
use.
ADULT BOOKSTORE or ADULT ENTERTAINMENT CENTER
An entity or establishment that, as its principal business
purpose, offers for sale, rental, exhibition or viewing any printed,
recorded, digitally analogued or otherwise viewable matter, any kind
of sexual paraphernalia or any kind of live performance, entertainment
or exhibition that depicts, describes or relates to sexual conduct,
sexual excitement or sadomasochistic abuse. For purposes of this definition,
"sexual conduct" means human masturbation, sexual intercourse, or
the touching of or contact with genitals, pubic area or buttocks of
a human or the breasts of a female, whether alone or between members
of the same or opposite sex, or between humans and others; "sexual
excitement" means the condition of human genitals, or the breasts
of a female, when in a state of sexual stimulation, or the sensual
experiences of humans engaging in or witnessing sexual conduct or
nudity; and "sadomasochistic abuse" means flagellation or torture
by or upon a human who is nude, or clad in undergarments, or in a
revealing or bizarre costume, or the condition of one who is nude,
or clad in undergarments, or in a revealing or bizarre costume, or
the condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained. "Adult entertainment center"
includes an adult bookstore.
AGE-RESTRICTED ADULT HOUSING
A development that contains independent dwelling units with
full kitchens that is designed for and restricted to occupancy by
households having at least one member who is 55 years of age or older.
An exception is allowed for up to five years following the death or
departure, due to incapacity, of a household member 55 years or older,
provided that a surviving household member who is at least 50 years
old continues to live in the unit. Children less than 18 years of
age shall not reside in a dwelling unit for more than a total of 90
days per calendar year. "Age-restricted adult housing" may include
related facilities or services for the residents, such as social,
recreational or educational facilities and housekeeping, security,
transportation or personal services.
AGRICULTURE
The production, keeping or maintenance, for sale or lease,
of plants and animals, including but not limited to fish hatcheries;
forage and sod crops; grains and seed crops; dairy animals and dairy
products; poultry and poultry products; livestock, including beef
cattle, sheep, swine, horses, ponies, mules or goats, or any mutations
or hybrids thereof, including the breeding and grazing of any or all
of such animals; bees and apiary products; fur animals; trees and
forest products; fruits of all kinds, including grapes, nuts and berries;
vegetables; nursery, floral, ornamental, and greenhouse products;
the necessary accessory uses for processing, packing, treating, or
storing of agricultural products; and the maintenance of farm equipment.
ALLEY
A public or private way primarily designed to serve as secondary
and/or service access for vehicles to the side or rear of abutting
properties whose principal frontage is on another street. (See "lane.")
ANNEXATION
A process by which the City expands its corporate boundaries
to include land that previously was located in an unincorporated area
of the county, pursuant to the Local Government Article of the Annotated
Code of Maryland.
ARCADE
A business establishment containing three or more video,
pinball, or similar player-operated amusement devices in any combination
for commercial entertainment uses.
ASSISTED LIVING FACILITY
A facility that provides supervision, monitoring, and/or
assistance with activities of daily living for elderly or disabled
persons in a residential setting that meets the standards and licensing
requirements of the Annotated Code of Maryland, COMAR and any regulatory
agencies.
AUCTION HOUSE
A building and property appurtenant thereto used for the
public sale of goods or property (but excluding agriculture, including
but not limited to livestock) by open bid to the highest bidder, provided
that the public sale of goods or property is done predominately within
an enclosed structure.
AUTOMOTIVE REPAIR SHOP
A business, service, or industry engaged in the maintenance,
servicing, repair, or painting of motor vehicles.
AWNING
A roof-like cover often made of fabric, metal, or glass designed
and intended for protection from weather or as a decorative embellishment
and which projects from a wall or roof of a structure over a window,
walk, door or the like.
BASEMENT
A story having 1/2 or more of its floor-to-ceiling height
below the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet. When used as a separate dwelling,
a basement shall be counted as a story for the purpose of height measurement.
BED-AND-BREAKFAST INN
An owner-occupied building designed, used and occupied as
a single-family residence, having as an accessory use therein public
lodging and facilities for serving food and drink to guests.
BOARD OF APPEALS
The Board of Appeals is established pursuant to the Land
Use Article of the Annotated Code of Maryland. The Board of Appeals
is authorized to grant variances, special exceptions, and appeals
of Zoning Administrator interpretations.
BODY PIERCING SERVICE
A skin-penetrating adornment procedure which involves piercing
or entering the skin or mucus membrane of an individual for the purpose
of inserting jewelry or other forms of body decoration. Body piercing
includes skin-penetrating body procedures but does not include piercing
of an earlobe.
BREWERY, MICROBREWERY, DISTILLERY, AND WINERY
A facility used to produce beer, hard cider, wine, and other
alcoholic beverages where such beverages are brewed, fermented, or
distilled for consumption on site, sale as packaged goods or distribution
wholesale and which possesses the appropriate license from the State
of Maryland and has received approval from the Harford County Liquor
Control Board.
[Added 5-6-2019 by Ord.
No. 19-O-06]
BREWPUB
A restaurant with a state-issued Class 6 pub-brewery license
as an accessory use, where the beer it produces is sold in draft form
exclusively on its own premises. This operation may sell other suppliers'
beer, including other hand-crafted or microbrewed beers, as well as
wine to patrons for consumption on its premises. Off-sale of alcoholic
beverages shall be limited to beers brewed on site.
BUFFER YARD
A portion of a lot, in addition to the setback requirements,
improved with landscaping, earth berms or fences and designed to limit
continuously the view of and/or sound from the site to adjacent sites
or properties.
BUILDING
Any structure having a roof supported by columns or walls
and intended for shelter, housing, storage, or enclosure of any individual,
animal, process, equipment, goods, or materials of any kind.
BUILDING CONFIGURATION
Within the Transit Oriented Development Districts, the form
of a building, based on its mass, private frontage, and height.
BUILDING COVERAGE
That portion of a lot which is covered by buildings and structures.
BUILDING DISPOSITION
Within the Transit Oriented Development Districts, the placement
of a building on its lot. (See Illustration 21, Building Disposition.)
BUILDING FRONTAGE
Within the Transit Oriented Development Districts, the area
between building façades and the vehicular lanes, inclusive
of the areas built and planted components. (See Illustration 22, Building
Frontages.)
BUILDING HEIGHT
The vertical distance to the highest point of the roof shall
be measured from the finished grade at the front of the building.
In the TOD District, the building height is measured in stories and
vertical distance with a minimum and maximum building height and story
height. (See Illustrations 30-32, Height.)
BUILDING LINE
Applicable to all zoning districts with the exception of
the Transit Oriented Development Districts, the line which is located
at the front yard setback of a lot and at which the required lot width
for the district is met.
BUILDING, PRINCIPAL
Any building which serves as a principal permitted use. Any
buildings or structures attached to the principal building, either
directly or by breezeway, shall be considered part of the principal
building.
BUILDING TYPE
A structure category determined by function, configuration,
including frontage.
BUILD TO LINE
Within the Transit Oriented Development Districts, a line
parallel to the property line where the facade of the building is
required to be located. The abbreviation “BTL” shall mean
build to line.
BUSINESS INCUBATOR
A facility dedicated to the start up and growth of small
businesses, accomplished through management and facility support systems.
For the purposes of this definition, "management support" includes
access to professional advice, information on small business relations,
management, advertising, promotion, marketing sales, inventory, employees,
labor relations, and financial counseling. "Facility support systems"
include clerical and reception staff, cleaning, building security,
access to copy and facsimile machines, computers, faxes, and other
electronic equipment.
BUSINESS SERVICE
An establishment primarily engaged in rendering services
on a fee or contract basis to the business, commercial, industrial,
or institutional community, such as advertising and mailing, business
maintenance, employment service, management and consulting services,
travel agent, protective services, equipment rental and leasing, commercial
research, development and testing, photo finishing, quick print shop,
and personal supply services but not including retail sales to the
general public in excess of 20% of the gross floor area. Such retail
sales area shall only be a secondary and subordinate ancillary activity.
CANOPY
A roof-like structure, other than an awning, which projects
from a wall of a building and extends along all or a majority of the
wall's length to provide shelter over an entryway or walkway.
CARPORT
Any space outside a building and contiguous thereto, wholly
or partly covered by a roof, and used for the shelter of motor vehicles.
A carport must have a minimum of three open sides.
CAR WASH
A structure, or portion thereof, containing facilities for
the commercial washing of motor vehicles by hand or by using production-line,
automated or semiautomated methods for washing, whether or not employing
a chain conveyor, blower, steam-cleaning or similar mechanical devices.
CATERING
A service providing meals and/or refreshments for public
or private entertainment for a fee.
CHANGE OF USE
Any use which differs from the previous use of a building
or land.
COMMERCIAL AMUSEMENT, ENTERTAINMENT AND RECREATION
Establishments providing commercial amusement, entertainment,
or recreation, including, but not limited to, arcades, bingo parlors,
bowling alleys, golf courses, gymnasiums, health clubs, indoor rifle
ranges, martial arts clubs and schools, miniature golf courses, swimming
pools, pool halls, skating rinks, tennis and racquetball clubs, sports
camps, music venues, movie theaters, live theaters, etc.
COMMERCIAL VEHICLE
Any self-propelled or towed vehicle used on public roadways
to transport passengers or property when:
A.
The vehicle has a gross vehicle weight of 10,001 pounds or more;
or
B.
The vehicle is designed to transport more than 15 passengers,
including the driver; or
C.
The vehicle is used in the transportation of hazardous materials
in a quantity requiring placarding in accordance with the hazardous
materials regulations of the United States Department of Transportation;
or
D.
A single, full, or semi-trailer with a manufacturer’s
gross vehicle weight rating over 6,000 pounds.
COMMUNICATIONS USE AND/OR STRUCTURE
A use provided by or a structure utilized by a public service
utility or commercial public telecommunications service to provide
commercial public telecommunications services. A telecommunications
structure may include a tower, monopole, and other antenna support
structure or equipment buildings. "Telecommunications use and/or structure"
does not include noncommercial applications, such as amateur radio
operations. "Telecommunications use and/or structure" does not include
those uses or structures that are accessory to and solely used by
an individual business.
A.
ANTENNAAny structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels and microwave dishes, and omnidirectional antennas, such as whips and satellite dishes, but not including satellite earth stations.
B.
MONOPOLEA single, self-supporting, pole-type structure tapering from base to top and supporting a fixture designed to hold one or more antennas. For the purpose of this chapter, a monopole shall not be deemed to be a transmission tower.
C.
TRANSMISSION TOWERA lattice-type structure, guyed or self-supporting, used to support antennas. Also called a "communication tower" or "radio tower."
COMMUNITY CENTER
A place, structure, area, or other facility used for and
providing fraternal, cultural, social, educational or recreational
programs or activities, or swimming pools, tennis courts and similar
facilities of a homeowners' association, open to the public or a designated
part of the public, and which may be publicly or privately owned.
COMMUNITY COUNSELING AND TREATMENT FACILITY
A facility, building, or place that provides mental health
or substance abuse counseling and treatment programs, and/or provides
other counseling support services such as peer-to-peer counseling,
skills and job training, and life or social skills.
[Added 3-28-2022 by Ord. No. 22-O-03]
COMPREHENSIVE PLAN
A planning document adopted by the City Council upon recommendation
from the Planning Commission and pursuant to the Land Use Article
of the Annotated Code of Maryland which serves as a guide to public
and private actions and decisions and includes goals and objectives,
land use plan, transportation plan, community facilities plan, sensitive
area plan, and the general location and the extent of public utilities
and other facilities.
CONCEPT PLAN
A preliminary presentation and attendant documentation of
a proposed subdivision or site plan of sufficient accuracy to be used
as a basis for discussion and classification.
CONDOMINIUM
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with a separate interest in space in a residential building,
such as an apartment.
CONSTRUCTION SERVICES AND SUPPLIERS
Establishment for the installation and servicing of such
items as air conditioners, electrical equipment, flooring, heating,
painting, plumbing, roofing, tiling, and ventilation; establishment
for the planting and maintenance of gardens, grounds and yards, such
as landscape contractors and lawn maintenance services; and construction
and demolition services. Outdoor storage of equipment, supplies, and
construction trailers is permitted in a contractor service establishment,
provided that such is fully screened from public roads and adjacent
lots.
CONTIGUOUS
Parcels of land touching, abutting, or adjoining at a common
border or boundary, and, in the case of annexation, immediately across
the street.
CONTINUING CARE RETIREMENT COMMUNITY
A building or group of buildings providing a continuity of
residential occupancy and health care for elderly persons. This facility
includes dwelling units for independent living, assisted living facilities,
plus a skilled nursing care facility of a suitable size to provide
treatment or care of the residents. It may include ancillary facilities
for the further employment, service, or care of the residents. The
facility is restricted to persons 60 years of age or older or couples
where either the husband or wife is 60 years of age or older. Such
facilities must meet all requirements of the State of Maryland.
COURTYARD
A fully or partially enclosed area which admits unobstructed
light and air, bounded on two or more sides by buildings, walls or
other enclosing devices, sometimes between one or more developments.
(See Accessible Courtyards, Illustration 27, Open Space Types.)
COURTYARD BUILDING
Within the Transit Oriented Development Districts, a building
that occupies the boundaries of its lot while internally defining
one or more private patios. (See Courtyard, Illustration 21, Building
Disposition.)
CURB
The edge of the vehicular pavement that may be raised or
flush to the pavement.
DAY SPA
A business which provides multiple types of services for
the purpose of improving health and beauty through personal care treatments.
DAY-CARE CENTER (GROUP)
A person, agency, or institution licensed by the State of
Maryland to provide group care in a residence for between nine and
12 adults or children who do not all have the same parentage, or care
of 13 or more adults or children in facilities other than a private
home setting, for a portion of a day and on a regular schedule more
often than once a week.
DAY-CARE HOME (FAMILY)
A person, agency, or institution licensed by the State of
Maryland to provide day care for no more than eight unrelated individuals
in a residence for a portion or all of a day and on a regular schedule
more often than once a week.
DECK
An exterior floor supported by an adjacent structure and/or
by post, piers or other supports.
DENSITY
For purposes of this chapter, the amount of development allowed
on a lot or parcel, expressed in residential districts as the number
of dwelling units per gross acre of land to be developed.
DEVELOPMENT
The construction, reconstruction, conversion, erection, alteration,
relocation or enlargement of any building or structure; any excavation,
landfill, or land disturbance; the division of a parcel of land into
two or more parcels; and any use or extension of the use of land.
DEVELOPMENT STANDARDS
Regulations and requirements addressing specific needs and
concerns for provisions of facilities, protection of environmental
and other resources, and fulfillment of goals of the City of Aberdeen
Comprehensive Plan. These are in addition to the specific regulations
for each individual zoning district.
DORMITORY
A residence hall providing rooms for unrelated individuals
or groups.
DRIVE-THROUGH FACILITIES
Establishments that, by design, physical facilities or services
provided, encourage or permit said customers to receive services or
obtain goods while remaining in their motor vehicles.
DWELLING
Any building or portion thereof occupied or intended to be
occupied exclusively for residential purposes, but not including a
tent, recreation vehicle, a room in a hotel or motel, or a bed-and-breakfast.
A.
DWELLING, ACCESSORY APARTMENTA second dwelling unit either within, or added to, a single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, that functions as a complete, independent living facility with provisions for independent cooking, living, sleeping, and bathroom facilities.
C.
DWELLING, DUPLEXA building containing two dwelling units, which do not share a common entry, on a single lot.
G.
DWELLING, MOBILE HOMEA manufactured home built to the Manufactured Home Construction and Safety Standards (HUD code) that displays a red certification label on the exterior of each transportable section and is built on a steel frame on a chassis without a permanent foundation.
H.
DWELLING, MODULARA transportable structure built per the International Code Council standards in one or more sections, designed to be used as a dwelling on a permanent foundation or slab.
I.
DWELLING, STACKED TOWNHOUSETwo two-story dwelling units, stacked one over the other, to create a four-story building with each unit having individual access from the front and rear of the dwelling.
[Added 6-7-2021 by Ord. No. 21-O-09]
J.
DWELLING, TOWNHOUSEA building containing three or more attached dwelling units in a row having individual access from the front and rear of the dwelling.
K.
DWELLING UNITA dwelling designed for one or more individuals who function as a single household unit.
L.
DWELLING, ZERO LOT LINEA building on a single lot containing one dwelling unit located with one side lot line a minimum of 18 inches.
EASEMENT
An interest in land owned by another that entitles its holder
to a specific limited use or enjoyment.
EDGEYARD BUILDING
Within the Transit Oriented Development Districts, a building
that occupies the center of its lot with setbacks on all sides. (See
Edgeyard, Illustration 21, Building Disposition.)
ENVIRONMENTAL SITE DESIGN (ESD)
The use of small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics.
EXISTING USE OR USES
The lawful use or uses of a building, lot, or structure at
the time of the enactment of this chapter.
EXPRESSION LINE
Within the Transit Oriented Development Districts, a line
prescribed at a certain level of a building for the major part of
the width of a façade, expressed by the variation in material
or by a limited projection such as a molding or balcony. (See Illustration
43, Expression Line.)
FACADE
The exterior wall of a building that is set along a frontage
line.
FAMILY UNIT
An individual or group of individuals who live together as
one economic unit.
FLOODPLAIN
Any land area susceptible to being inundated by floodwaters
from any source.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all floors of a
building measured from the exterior face of exterior walls or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles or any space
where the floor-to-ceiling height is less than six feet.
FORTUNE-TELLING
A person or group of persons who engage in the practice of
or profess to practice the business or act of astrology, phrenology,
life reading, intuitive counseling, fortune-telling, handwriting analysis,
clairvoyance, crystal gazing, palmistry, numerology, reading of tarot
or similar cards or use of other similar occult powers for any form
of compensation.
FRONTAGE
Any and all sides of a lot abutting on a street. (Within
the Transit Oriented Development Districts, see Illustration 22, Building
Frontages.)
FRONTAGE COVERAGE
The minimum percentage of the length of the frontage that
must be occupied by the front façade of the primary buildings.
FRONTAGE LINE
Those lines that coincide with the public frontage.
FUEL STORAGE FACILITY
Any premises where diesel, gasoline, heating oil, propane,
natural gas, or other similar products are stored in bulk for the
purpose of sale or distribution. A gasoline station is not considered
a fuel storage facility for purposes of this chapter.
GALLERY
A frontage wherein the façade is aligned at the build
to line with an attached cantilevered shed or a lightweight colonnade
overlapping the sidewalk. (See Illustration 22, Building Frontages.)
GARAGE, ATTACHED
An attached accessory building or portion of a main building
designed, arranged, or used primarily for the housing or storage of
private motor vehicles.
GARAGE, DETACHED
A detached accessory building designed, arranged, or used
primarily for the housing or storage of private motor vehicles.
GARAGE, PUBLIC
A building or portion thereof, other than an automobile sales
room, used for the housing or storage of six or more motor vehicles;
their service or repair facilities, if any, are incidental and subordinate
to the principal use of storage. A public garage may be a principal
use or accessory use.
GOURMET FOOD ESTABLISHMENT
A specialty grocery retailer of not greater than 45,000 square
feet which offers for sale varieties of groceries, baked goods, fresh
fish and meats, dairy products, beverages, fresh produce, prepared
dishes for take out and/or ingredients for food preparation. Within
or adjacent to the premises, such establishments may also offer for
sale beer, wine and liquor for off-premises consumption.
GREENHOUSES AND NURSERIES, COMMERCIAL
A building used for the cultivation and sale of plant materials
grown on the premises or as nursery stock and for accessory items
directly related to plant care and maintenance, such as pots, soil,
mulch fertilizers, insecticides, rakes, shovels, etc.
GROSS LEASABLE AREA/SPACE
The total floor area designed for owner or tenant occupancy
exclusive use. It is expressed in square feet, measured from the center
lines of joining partitions and exteriors of outside walls.
GROUP HOME
A housing facility offering common, shared, or independent
living, dining, kitchen, sanitary, and sleeping facilities. In addition,
supportive services or supervisory personnel are provided to individuals
with special housing needs when the individuals are not related to
the group home sponsor.
HALFWAY HOUSE
A transitional residential substance abuse treatment facility,
certified by the Office of Health Care Quality and the Alcohol and
Drug Abuse Administration of the Department of Health and Mental Hygiene
for the State of Maryland, that provides substance abuse rehabilitative
treatment services, focused toward clients' employment and self-sufficiency,
to clients who have received prior valuation and treatment in a primary
or immediate care program.
HAZARDOUS SUBSTANCE
A.
Any substance that:
(1)
Conveys a toxic, lethal, or other injurious effect or which
causes sublethal alterations to plants, animals, or aquatic life;
(2)
May be injurious to human beings; or
(3)
Persists in the environment; or
B.
Such other substances as may be identified as hazardous by the
United States Environmental Protection Agency or the State of Maryland
Department of the Environment.
HELIPORT
An area, either at ground level or elevated on a structure,
licensed or approved for the landing and takeoff of helicopters and
which may include auxiliary facilities such as parking, waiting room,
fueling, and maintenance equipment.
HELISTOP
An area designed to accommodate touchdown and liftoff of
helicopters for the purpose of picking up and discharging passengers
or cargo.
HISTORIC DISTRICT
An area containing historic sites or structures as designated
by the City.
HISTORIC SITE
A parcel of land or a structure of historical or cultural
significance eligible for designation on the National or State Register
of Historic Places as a Harford County landmark or listed in the City
of Aberdeen Inventory of Historic Places. (See Appendix C for listing.)
HOME OCCUPATION
A business, profession, occupation, or trade conducted for gain or support within a residential building or its accessory buildings, which use is incidental and secondary to the use of the buildings for dwelling purposes and which does not change the residential character of such buildings. (See §
235-28, Home occupations.)
HORIZONTAL MIXED-USE (ATTACHED)
Within the Transit Oriented Development Districts, a mix
of uses whereby different uses are adjacent to each other within the
same lot or development.
HORIZONTAL MIXED-USE (DETACHED)
Within the Transit Oriented Development Districts, a mix
of uses whereby different uses are adjacent to each other within the
same lot or development.
HOSPITAL
Any licensed and State of Maryland accredited health care
institution with an organized medical and professional staff and with
inpatient beds available around the clock whose primary function is
to provide inpatient medical, nursing, and other health-related services
to patients for both surgical and nonsurgical conditions and that
usually provides some outpatient services, particularly emergency
care.
HOTEL
A building in which lodging is provided for compensation
and in which access to and from all rooms is made through an interior
lobby or office.
HOTEL, FULL-SERVICE
A building in which lodging is provided for compensation
and in which access to and from all rooms is made through an interior
lobby or office and includes but is not limited to the following services:
meeting rooms, restaurant, banquet facilities, and recreational facilities.
IMPERVIOUS SURFACE
Any surface area covered by a material that is highly resistant
to the infiltration of water.
INFILL DEVELOPMENT
Construction of any residential, commercial, institutional,
or industrial structure located in an existing developed area.
JUNK
Any scrap, waste, reclaimable material or debris, either
stored or used in conjunction with dismantling, processing, salvage,
storage, baling, disposal, or other use or disposition.
JUNKYARD
Any area where waste, discarded, or salvaged materials are
bought, sold, exchanged, baled, packed, stored, abandoned, disassembled,
or handled, including auto wrecking yards, house wrecking yards, used
lumber yards, and places or yards for storage of salvage house wrecking
and structural steel materials and equipment, including three or more
untagged or inoperable vehicles.
KENNEL
Any establishment in which five or more domestic animals,
such as cats, dogs and other pets, more than six months old are kept,
groomed, bred, boarded, trained, or sold.
LANDSCAPING
The improvement of property with lawns, trees, plants, and
other natural features.
LANE
A public or private way which provides secondary and/or service
access for vehicles to the side or rear of abutting properties whose
principal frontage is on another street. (See "alley.")
LINER BUILDING
Within the Transit Oriented Development Districts, a building
usually shallow in depth, specifically designed to mask a parking
lot, parking garage or blank wall from a frontage.
LIQUOR STORE
A retail establishment that sells packaged liquor, wine or
beer for consumption off premises and which possesses the appropriate
license from the State of Maryland.
[Added 2-22-2021 by Ord. No. 21-O-02]
LIVE WORK UNIT
Within the Transit Oriented Development Districts, a dwelling
unit that is also the primary place of work of the business operator,
which place of work is located on the ground floor for the occupant
of the unit.
LOT
A designated area of land established by plat, subdivision,
or as otherwise permitted by law, to be used, developed, or built
upon.
LOT AREA
The total area within the lot lines of a lot, excluding any
road right-of-way or reservation.
LOT, CORNER
A lot abutting upon two or more streets or alleys at their
intersection.
LOT COVERAGE
The percentage of a lot area occupied by the ground area
of principal and accessory buildings or structures on such a lot.
LOT LAYERS
A range of depth of a lot and its building frontage within
which certain elements are permitted. (See Illustrations 40 to 42,
Lot Layers and Parking, and Illustration 26, Sidewalk Widths, Planting
Areas and ESD.)
B.
LOT LAYER, SECONDThe area which starts at the build to line and extends towards the center for 20 feet.
C.
LOT LAYER, THIRDThe third lot layer is the area between the second lot layer and 10 feet of the rear property line.
LOT LINE
A line of record bounding a lot that divides one lot from
another lot or from any right-of-way or from any other public space.
B.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT, MINIMUM AREA OF
The minimum area of a lot on which a use, structure, or building
may be located in a zoning district.
LOT, PANHANDLE
A lot with the appearance of a frying pan or flagstaff in
which the handle is most often used as the point of access to a road.
LOT, THROUGH
A lot which fronts upon two parallel roads or which fronts
upon two roads which do not intersect at the boundary of the lot and
which has no rear lot line.
LOT WIDTH
The horizontal distance between the lot lines along a line
parallel to the front lot line at the minimum required building setback
line.
MAJOR THOROUGHFARE PLAN
The existing and proposed road network within and adjacent
to the City as shown in the Transportation Element of the adopted
Comprehensive Plan.
MASSAGE SERVICE
A business licensed under state law for the manipulation,
rubbing, stroking, kneading, or tapping of body tissues for remedial
or hygiene purposes either with the hand or an instrument.
MEDICAL SERVICE - CLINIC
A facility, other than a hospital, where medical, surgical,
and/or other personal health-care services are provided exclusively
on an outpatient basis by a group of three or more physicians working
in cooperation and sharing the same facilities. A clinic may include
educational aspects such as medical instruction and/or training, an
on-site lab, radiology services, a pharmacy, rehabilitation services,
and other similar services as accessory uses.
[Added 3-28-2022 by Ord. No. 22-O-03]
MEDICAL SERVICE - DOCTOR'S OFFICE
A facility, other than a hospital, an urgent care facility,
or a clinic, where medical, dental, surgical and/or other personal
health-care services are provided on an outpatient basis, by not more
than two physicians. A doctor's office may include, as accessory uses,
an on-site lab, radiology services, a pharmacy, rehabilitation services,
a surgery and/or operating room, and other similar services.
[Added 3-28-2022 by Ord. No. 22-O-03]
MEDICAL SERVICE - HOSPITAL
A facility licensed as a hospital by the State of Maryland
that is engaged primarily in providing diagnostic services and extensive
medical treatment, including surgical and other hospital services.
A hospital has an organized medical staff, inpatient beds, and equipment
and facilities to provide complete health care. A hospital may include
on-site accessory clinics and laboratories, accessory retail uses,
and emergency heliports.
[Added 3-28-2022 by Ord. No. 22-O-03]
MEDICAL SERVICE - LABORATORY
A facility, licensed as a laboratory by the State of Maryland,
intended for the examination of clinical specimens for the purpose
of providing information such as diagnosis, prognosis, prevention,
or treatment of disease to improve the health of a patient, or the
manufacture of dental and other prosthetics.
[Added 3-28-2022 by Ord. No. 22-O-03]
MEDICAL SERVICE - URGENT CARE
A facility, other than a hospital, where a group of physicians
working in cooperation and sharing the same facilities provide medical
services for sick or injured persons predominantly on an urgent, walk-in,
outpatient basis, including emergency treatment, diagnostic services,
training, administration, and services. An urgent care facility typically
operates beyond standard medical office hours. An urgent care facility
also may include limited primary care services and accessory uses,
including an on-site lab, radiology services, a pharmacy, rehabilitation
services, and other similar services.
[Added 3-28-2022 by Ord. No. 22-O-03]
MINI-WAREHOUSING
A single-level building or group of buildings that contains
varying sizes of individual compartmentalized and controlled access
stalls for the storage of customers' goods.
[Amended 2-22-2021 by Ord. No. 21-O-02]
MIXED-USE DEVELOPMENT
A tract of land, buildings, or structured development for
two or more different uses, such as but not limited to residential,
office, manufacturing, retail, public, or entertainment.
MOBILE HOME PARK
A parcel of land used, designated, developed, and maintained
to accommodate two or more mobile homes for long-term residential
occupancy by rental of space or condominium ownership.
MOTEL
A building or group of buildings containing guest rooms or
suites, with each room or suite usually having a separate inside or
outside entrance.
NIGHTCLUB
A commercial establishment dispensing food and alcoholic
beverages for consumption on the premises and in which dancing and/or
live entertainment, including but not limited to magicians, musicians,
or comedians, is permitted.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure the size, dimension, or location
of which was lawful prior to the adoption or amendment of this chapter
and which after adoption or amendment of this chapter fails to conform
to the present requirements of the district in which it is located.
NONCONFORMING LOT
A lot which was legally subdivided and recorded among the
county land records prior to the adoption or amendment of this chapter
and which after adoption or amendment of this chapter fails to comply
with the dimensional requirements of this chapter.
NONCONFORMING USE
Any use lawfully being made of any land, building or structure,
other than a sign, on the effective date of this chapter or any amendment
to it rendering such use nonconforming which does not comply with
all of the regulations of this chapter or any amendment hereto governing
use for the zoning district in which such land, building or structure
is located.
NURSING HOME OR SKILLED CARE FACILITY
A facility devoted primarily to the long-term treatment and
care of the aged or elderly or persons suffering from illnesses, diseases,
deformities, or injuries which do not require extensive or intensive
care such as normally provided in a general or other specialized hospital.
For purposes of this chapter, a hospice and a life care facility will
be considered a skilled care facility.
OFFICE
A building or structure wherein services are performed involving
predominantly administrative, professional, or clerical operations.
An office may be used for professionals such as doctors, lawyers,
accountants, etc., or general businesses such as insurance companies,
trade associations, investment concerns, real estate companies, but
not including any kind of retail or wholesale store or warehouse,
except as otherwise noted.
[Amended 2-22-2021 by Ord. No. 21-O-02]
OPEN SPACE
Areas of trees, shrubs, grass, pathways and other natural
and man-made amenities, not within individual building lots, set aside
for the use and enjoyment of residents, visitors and other persons,
unoccupied by buildings or facilities unless related to recreational
activities, and accessible to and adequate for the persons and functions
they are designed to serve.
OVERLAY DISTRICT
A district superimposed over an underlying zoning district
to which both districts are applicable to regulating the use of the
property.
PARCEL
A designated area of land established by plat, subdivision,
or as otherwise permitted by law, to be used, developed, or built
upon.
PARK
Parks are public spaces that are available as recreational
spaces that are accessible to and adequate for the recreational function
and persons they are designed to serve, such as Festival Square.
PARKING STRUCTURE
A building containing two or more stories of parking. Parking
structures in TOD zoning shall have liner buildings at the first story
or higher.
PASSAGE
Within the Transit Oriented Development Districts, a paved
pedestrian connector, which may or may not be roofed, passing between
buildings, providing shortcuts through long blocks and connecting
interior or rear parking areas to buildings, street fronts, courtyards
and other public spaces. (See Illustration 29, Passage.)
PERSONAL SERVICE
Establishments primarily engaged in providing services, including
the care of a person or their apparel, such as but not limited to
cleaning and garment services, which are deemed to be establishments
for the mechanical cleaning of garments; linen supply; diaper service;
coin-operated laundries; carpet and upholstery cleaning; photographic
studios; beauty shops; barbershops; shoe repair; steam baths; reducing
salons and health clubs; travel agent; clothing rental; locker rental;
porter service; optician; and tailor.
[Amended 2-22-2021 by Ord. No. 21-O-02]
PET DAY CARE SERVICE
Establishments where domestic animals are owned by another
person and are temporarily boarded for payment. Pet day care service
is distinguished from a kennel as pets are boarded for the day only,
and the establishments may offer accessory services, such as retail
sales of pet care supplies, and services such as dog walking and animal
grooming.
[Added 2-22-2021 by Ord. No. 21-O-02]
PLANNING COMMISSION
The City of Aberdeen's Planning Commission, established pursuant
to the Land Use Article of the Annotated Code of Maryland.
PLANTING AREA
The element of the public streetscape which accommodates
street trees and/or environmental site design (ESD) planting areas.
Planting areas may be continuous or individual.
PLAT
A map showing the location, boundaries, and ownership of
individual properties planned and developed as a single project.
PLAZAS
Large outdoor spaces that extend the public realm from the
street or sidewalk to the main entry of an adjacent building. (See
Plazas, Illustration 27, Open Space Types.)
PORCH
A covered entrance to a building usually with a separate
roof.
PORTICO
A colonnade or covered area often at the entrance of a building.
PRINCIPAL STREET FRONTAGE
Within the Transit Oriented Development Districts, lot lines
that coincide with public frontage on a collector or arterial roadway.
(See Illustration 18, Principal Street Frontages.) Buildings are oriented
towards the principal frontage, and include both the principal entrance
to the building and the address. Parcels may have more than one principal
street frontage, especially at corner locations and when bordered
in the front and rear by collector or arterial roadways.
PROFESSIONAL SERVICES
A service that requires specialized knowledge and skill,
usually of a mental or intellectual nature, and that often requires
a license, certification, or registration, but does not include medical
services or services defined in "community counseling and treatment
facility." Examples of professional services include, but are not
limited to: accountants, advertising agencies, architectural services,
attorneys, commercial art and design services, construction contractors
(office use only), court reporting services, design services, engineering
services, etc.
[Amended 3-28-2022 by Ord. No. 22-O-03]
PUBLIC UTILITIES
Utility facilities owned by a governmental agency, private
organization, or public utility defined under state law, maintained
and operated for the benefit of the general public, including water
and sewer systems, water towers, pumping stations, solid waste transfer
stations, electrical transmission lines, microwave facilities, and
interstate and intrastate pipelines.
PUBLIC UTILITY SUBSTATION
A configuration of high-voltage electrical equipment, consisting
of but not limited to power circuit breakers, switches, transformers
with associated connections, lighting masts, control house, and structures
with related foundations, the purpose of which is to transform the
electrical voltage from one level to another or to function as a switching
point for two or more circuits of equal voltages. This equipment may
be enclosed by a fence or other barrier.
REARYARD BUILDING
Within the Transit Oriented Development Districts, a building
that occupies the full front lot line, leaving the rear of the lot
as the sole yard. (See Rearyard, Illustration 21, Building Disposition.)
RECREATIONAL VEHICLE
A vehicular-type unit which is designed for recreation, camping
or travel use which either has its own motor power or is mounted on
or drawn by another vehicle and which, in general, is of such size
and weight as not to require special highway movement permits when
drawn by a passenger automobile or a pickup truck.
RECYCLING FACILITY
A facility in which used materials are separated, stored,
compacted and/or crushed prior to shipment for recovery or reuse of
those materials.
RESTAURANT
Any building, structure, or portion thereof where food is
sold for consumption on or off the premises, including, but not limited
to, a café, coffeehouse, tearoom, dining room, lounge, bar,
and tavern.
RESTAURANT, DRIVE-THROUGH
A building, structure, or portion thereof designed to sell
prepared food and beverages to patrons in vehicles.
RETAIL/COMMERCIAL SHOPFRONTS
Within the Transit Oriented Development Districts, buildings
which are located on parcels that front arterial or collector roadways
that are designated as primary and secondary frontages (see Illustration
19, Retail/Commercial Shopfronts) and that require the provision of
a shopfront building façade and building frontage on the ground
level, designed for commercial use. (See Shopfront and Awning Building
Frontage, Illustration 22, Building Frontages, and Illustration 20,
Opacity/Windows.)
RETAIL/COMMERCIAL STORES
Establishments that sell retail goods, to include, but not
limited to, department stores, discount stores, pharmacies, outlet
stores, variety stores, specialty stores, and supermarkets.
RETIREMENT COMMUNITY
A senior living community, retirement community, assisted
living community, continuing care retirement community, independent
living community or similar community that offers a combination of
independent living, assisted living or nursing.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication or condemnation
and intended to be occupied by a road, crosswalk, sidewalk, railroad,
electric transmission lines, oil or gas pipeline, waterline, sanitary
or storm sewer and other similar uses.
ROAD
A right-of-way which has been improved and is intended for
motor vehicle traffic and provides access to property.
A.
ROAD, ARTERIALA road which carries the major portion of the traffic entering and leaving an area of the county. Four arterial street types are defined in the Aberdeen Comprehensive Plan and listed in order from regional to local significance:
(1)
REGIONAL CONNECTOR ARTERIALThis is an arterial street with a combination of free-flow ramp and signalized points of access. It primarily provides mobility through Aberdeen for motor vehicle, truck, and commuter bus traffic, as well as access to major destinations within Aberdeen. Provision of space for bicycle and pedestrian travel is secondary to motor vehicle movement but not optional, and the design should emphasize frequent, safe crossings for cyclists and pedestrians.
(2)
COMMERCIAL PRIMARY ARTERIALAn arterial street segment that serves (or is planned to serve) a low- or medium-density commercial area that may be equally oriented to retail stores, service, and industrial use. This street emphasizes transit and motor vehicle travel, including truck movements. It also facilitates bicycle access.
(3)
VILLAGE CENTER MIXED USE ARTERIALAn arterial street segment that serves a compact mixed-use area that is fronted by (or planned to be fronted by) a variety of commercial, institutional, government, and/or residential uses. The street design emphasizes pedestrian, transit, and bicycle travel with adequate facilities provided within the street right-of-way.
(4)
RESIDENTIAL ARTERIALAn arterial street that serves and traverses a primarily residential neighborhood and is fronted by (or planned to be fronted by) residential, park, or institutional property. This street’s design emphasizes bicycle and pedestrian travel, local motor vehicle travel, and transit access.
B.
ROAD, COLLECTORA road which provides for principal internal movements within residential neighborhoods and business or industrial districts and which is a primary means of circulation between adjacent neighborhoods, which functions to distribute traffic from arterials to local and other collector roads and collects traffic from local roads and channels it into the arterial system. Three collector street types are defined in the Aberdeen Comprehensive Plan and listed in order from regional to local significance:
(1)
VILLAGE CENTER COLLECTOR STREETSCollector or local streets located in a medium- or high-density residential, commercial, or mixed-use area. These streets, often called side streets, may include street-level shops, but do not have the same level of pedestrian and vehicular activity as arterial streets. In some locations, these streets provide service, utility, and emergency vehicle access to alleys, loading docks, and building service areas for loading and unloading goods, recyclables, and refuse. Access to the street system from off-street and garage parking may also be located on Village Center streets. These streets may provide pedestrians and cyclists a quieter alternative to arterial traffic. Village Center streets have been further classified distinguishing West Bel Air as Main Street, the roads adjacent to Festival Square and City Hall as festival streets; all other Village Center streets are classified as local streets.
(2)
NEIGHBORHOOD PRINCIPAL COLLECTOR STREETSNeighborhood principal streets occur in lower-density residential areas and provide access for fronting properties and links to adjacent streets. Like Village Center streets, they provide a way for travel to and from home, connections to local resources, and a shared space in the neighborhood for walking, biking, talking with neighbors, and conducting everyday activities.
(3)
NEIGHBORHOOD MINOR COLLECTOR STREETSNeighborhood minor streets occur in low- and medium-density residential areas. These streets are very similar to neighborhood principal streets in form and function. The distinctive feature of these streets is their nearly exclusive orientation to providing access to residences. Since residential streets have low-traffic volumes with infrequent travel by large vehicles, all users other than pedestrians can be accommodated within a relatively narrow travel way.
C.
ROAD FRONTAGEThat portion of a lot abutting a street or highway and situated between lot lines intersecting such street or highway.
D.
ROAD, LOCALA road which primarily provides direct access to abutting properties.
SANITARY LANDFILL
A site for solid waste disposal based on sanitary engineering
design.
SCREENING
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, or berms.
SEASONAL SALES
Products that are primarily sold during a particular season
of the year, e.g. Christmas trees, locally grow produce, championship
merchandise, fireworks, holiday flowers, and snowballs.
SETBACK
The required minimum distance from the road right-of-way,
back of curb or any lot line that establishes that area within which
principal buildings or structures must be erected or placed.
SHARED PARKING
Parking spaces that are shared by more than one user or business.
SHOPFRONT
Within the Transit Oriented Development Districts, a frontage
wherein the façade is located at the back edge of the sidewalk
(BTL) with a substantial glazing on the sidewalk level, and an awning
or cantilevered shed roof projecting no more than seven feet forward
of the BTL when the shopfront is not combined with a gallery or arcade
frontage. (See Illustration 20, Opacity/Windows, and Shopfront and
Awning, Illustration 22, Building Frontages.)
SHOPPING CENTER
Six or more business uses, and with a building gross floor area of at least 20,000 square feet, and located in a particular zoning district. (See §
235-33 for detailed requirements.)
SIDEWALK
Within the Transit Oriented Development Districts, the paved
layer of building frontage dedicated exclusively to pedestrian activity.
SIDEYARD BUILDING
Within the Transit Oriented Development Districts, a building
that occupies one side of the lot with a setback to the other side.
(See Illustration 21, Building Disposition.)
SIGHT TRIANGLE
The area at the corner of a lot fronting on two streets which
shall remain unobstructed for sight distance purposes.
SIGN
(See Aberdeen Sign Code.) Any device for visual communication which is used for
the purpose of bringing the subject thereof to the attention of the
public, but not including, when standing alone, a flag, emblem, badge,
or insignia of any governmental unit.
SITE PLAN
A plan, usually prepared by a licensed design professional,
showing uses and structures proposed for a parcel of land as required
by this chapter.
SPECIAL DISTRICTS
Consists of areas with buildings that by their function,
disposition, or configuration cannot, or should not, conform to one
of the designated transect zones.
SPECIAL EXCEPTION
A use which is subject to approval by the Board in a particular
district only upon showing that such use in a specific location will
comply with the conditions and standards for the location or operation
of such use as specified in this chapter.
SPECIALTY STORE OR SHOP
A retail store which carries only one type of interrelated
goods, including but not limited to bookstores, candle shops, cosmetic
shops, florist shops, gift shops, hobby and craft supply shops, import
shops, jewelry shops, key shops, liquor stores, newspaper and magazine
shops, novelty shops, pet stores, photographic shops, souvenir shops,
and stationery shops.
STOOP BUILDING FRONTAGE
Within the Transit Oriented Development Districts, a frontage
wherein the façade is aligned close to the frontage line with
the lower story elevated at least 18 inches from the sidewalk to establish
a sense of transition from public to private realm, and may be elevated
sufficiently to secure privacy for the windows.
STORY
That portion of a building between the surface of any floor
and the surface of the floor above it or, if there is no floor above
it, then the space between the floor and the ceiling, including basements.
In the TOD Districts, minimum story height is no less than 10 feet
and no more than 14 feet from floor to ceiling, except that the first
floor must be at least 12 feet in height and the top story may be
no more than 14 feet from floor to ceiling. (See Illustration 35,
Floor Heights by Story.)
STREET
(See "road.") An improved right-of-way intended for use by
motor vehicle traffic and that provides access to property.
STREET FRONTAGE
Within the Transit Oriented Development Districts, the area
where a building façade faces a street.
STREETSCAPE
The urban element that establishes the major part of the
public realm. The streetscape is composed of roads (travel lanes for
vehicles and bicycles, parking lanes for cars, and sidewalks or paths
for pedestrians) as well as the visible private frontages (building
facades and elevations, porches, yards, fences, awnings, etc.), and
the amenities of the public frontages (street trees and plantings,
benches, streetlights, etc.).
STRUCTURE
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed below or above the surface
of land or water.
SUBDIVISION
The consolidation or division of a parcel or tract of land
into two or more new parcels.
SWIMMING POOL
Any portable or permanent structure, either aboveground or
in-ground, containing water 36 inches or more in depth used for recreational
purposes.
TATTOO PARLOR
A structure housing a business for the purpose of placing
tattoos on the skin.
TEMPORARY STORAGE CONTAINER
A portable unit intended to be utilized for storage of personal
property to facilitate the moving of persons from household unit to
household unit or commercial use to commercial use.
TRANSECT
Within the Transit Oriented Development Districts, a system
of ordering human habitats in a range from the most natural to the
most urban, which describes the physical character of place at any
scale, according to the density and intensity of land use and urbanism.
TRANSECT ZONE (T-ZONE)
Transect zones are administratively similar to the land use
zones in conventional codes, except that in addition to the usual
building use, density, height, and setback requirements, other elements
of the intended habitat are integrated, including those on the lot
and building fronting the public streetscape. The elements are determined
by their location on the Transect Zone Map or Regulating Plan. The
TOD Districts include three transect zones: the TOD Downtown (TOD-D)
synonymous with the urban core district (T6); the TOD Corridor (TOD-C)
synonymous with the urban center district (T5); the TOD Neighborhood
(TOD-N) synonymous with the general urban zone district (T4). (See
Aberdeen TOD Regulating Plan.)
TRANSIT CENTER
A central location for intermodal transit, such as buses,
trains, taxis, and complimentary retail and service facilities.
TRANSITION LINE
A horizontal line spanning the full width of a façade,
expressed by a material change or by a continuous horizontal articulation
such as a cornice or a balcony.
TRANSIT ORIENTED DEVELOPMENT (TOD)
Development that combines a pedestrian-friendly environment
with retail or entertainment ground floor uses, and generally located
within one-half mile side walk route to a premium transit station.
Specifically, a TOD provides continuous, shaded sidewalks with street
furniture and minimal driveway interruptions, and nearly continuous
shop frontage.
TRUCK TERMINAL
Land and building used for transfer of a load from one vehicle
to another. The facility may include storage areas for trucks or for
the repair of trucks associated with the facility.
TYPE
Within the Transit Oriented Development Districts, a category
determined by function, disposition, and configuration, including
size or extent. There are building types, road types, open-space types,
etc. (See also "building type.")
USE
The purpose or activity for which land, buildings or structures
are designed, arranged or intended or maintained or occupied.
VEHICLE
A carriage or conveyance on wheels.
WETLANDS
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
YARD
An open area between a lot line and the setback line within
which no structures shall be located except as provided by this chapter.
The Zoning Administrator shall have the right to designate the front,
side and rear yards on a particular parcel.
A.
YARD, FRONTA yard extending the full width of the lot which includes the area between the front building setback line and the road right-of-way.
B.
YARD, REARA yard extending across the full width of the lot between the rear building setback line and the rear lot line.
C.
YARD, SIDEA yard extending from the front yard to the rear yard between the side building setback line and the side lot line.
ZONING ADMINISTRATOR
The officer designated by the Council to administer the Development
Code and issue zoning permits. The Director of Planning and Community
Development shall be the Zoning Administrator, as an agent for the
City.
ZONING MAP
The Official Zoning Map of Aberdeen, Maryland, adopted by
the Mayor and City Council.