As used in this chapter, the following terms shall have the
meanings indicated:
ADAPTIVE REUSE
The process of reusing an old site or building for a purpose
other than which it was originally built or designed for.
ADMINISTRATIVE VARIANCE
An alternative to the standard variance procedures available
only if a development project meets specific criteria.
AGRICULTURE
The use of land for normal agricultural purposes, including
farming, apiculture, horticulture, floriculture, viticulture, forestry
and tree farming and the usual and necessary accessory uses for packing,
treating or storing the produce produced upon the land. The following
shall not be included in the definition of "agriculture": dairy farming,
chicken farming or any form of animal or poultry husbandry.
AIRBNB
Airbnb or homestay refers to an online marketplace that enables
people to list, discover and rent unique spaces. Property owner must
register with the Town and provide: owner name, address and emergency
contact number.
ALLEY
A public or private way affording secondary access to abutting
properties.
ALTERATION
A change or rearrangement in an existing building, including
any enlargement thereof in area or height or removal from one location
to another on the same lot.
APARTMENT
A dwelling in a building separated by vertical and horizontal
building walls with, at minimum, a kitchenette and bathroom.
ARTISAN SHOP
A retail store selling art, glass, ceramics, jewelry, paintings,
sculpture and other similar handcrafted items that are small run or
one-of-a-kind items, where the store includes an area for the crafting
of the items sold.
BASEMENT
The portion of a building that is more than 12 inches below
the adjacent grade and having at least 1/2 of its height above grade.
BED-AND-BREAKFAST ESTABLISHMENT
A single-family dwelling, occupied by the owner or operator
in which overnight sleeping rooms are rented on a short-term basis
to transients and at which no meal other than breakfast is served
to guests, which is included in their room charge.
BILLBOARD
A sign which directs attention to a business, commodity,
service, organization or entertainment conducted, sold or offered
at a location other than the premises on which the sign is located.
BLOCK FACE
One side of a street between two consecutive intersections.
BOARDINGHOUSE
A private dwelling or part thereof where lodgings with or
without meals are provided for compensation to persons not transient.
BUILD-TO LINE
The line at which construction of a building facade is to
occur on a lot. A build-to line runs parallel to, and is measured
from, the front property line and is established to create a more
or less even building facade line on a street.
BUILDING
Any structure having a roof supported on columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
BUILDING HEIGHT
The vertical distance from the average finished grade at
the building line to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the mean height level
between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE
The line established by law or agreement beyond which a building
may not extend.
A.
FRONT BUILDING LINEThe line nearest the front of a lot between the sidelines thereof establishing the minimum distance the building must be set back from the front lot line.
B.
REAR BUILDING LINEThe line nearest the rear of the lot between the lot lines establishing the minimum distance the building must be set back from the rear of the lot line.
C.
SIDE BUILDING LINESThe line(s) nearest the side(s) of the lot establishing the minimum distance the building must be set back from the side lot line(s).
CARPORT
A covered motor vehicle parking structure accessory to a
one- or two-family dwelling unit.
CELLAR
That portion of a building having more than 1/2 of its clear
height below the average grade of the lot.
CHURCH
A building of worship and religious instruction, including
a meeting house, mission, temple, cathedral, synagogue, mosque, chapel,
shrine or convent. The term shall include buildings and all customary
accessory uses or structures, including, but not limited to, a chapel,
day-care center, school of general instruction, gymnasium, or social
hall.
CODE ENFORCEMENT OFFICER
Person or persons, company, association, entity, agency or
government, or a representative of any of these, appointed by the
Mayor and Council from time to time, to cover the herein described
duties of the Zoning Ordinance, even though their official title or
office is not called "Code Enforcement Officer."
COMMON OPEN SPACE
That portion of a development, including land and/or water,
intended for the use and enjoyment of the residents of the development,
but not including streets, off-street parking areas and areas set
aside for public facilities.
COMPREHENSIVE PLAN
The Snow Hill Comprehensive Plan of 1986 as the same may
be amended from time to time.
CONDOMINIUM
A type of development as defined and regulated by the Maryland
Condominium Act, as amended from time to time, which may include all of
the dwelling types hereinafter defined except townhouses built upon
individual lots and which shall be subject to and regulated by the
provisions of this chapter applicable to a particular dwelling type.
A "condominium" in the nature or style of a townhouse shall be permitted
where townhouses are permitted and shall be subject to the minimum
requirements and regulations applicable to townhouse developments.
COURT
An open unoccupied portion of a lot, other than a yard, which
is bounded on two or more sides by the wall of a building.
DAY-CARE CENTER
A nursery school or caretaking facility providing daytime
adult supervision and care for not fewer than three persons not members
of the caregiver's family in the caregiver's home or in a building
outside of the home; "day-care center" does not include a day-care
home, as herein defined.
DAY-CARE HOME
A dwelling unit in which daytime adult supervision is provided
for up to eight children not members of the caregiver's family under
the age of 16 and in which the caregiver regularly resides. This shall
be considered a home occupation.
DWELLING
Any building or part thereof occupied exclusively for residential
purposes, not including a tent, cabin, trailer, recreational vehicle
or a room in a motel, hotel, inn or bed-and-breakfast establishment.
A.
SINGLE-FAMILY DWELLINGA detached dwelling unit designed for or used exclusively for residential purposes by one family or housekeeping unit, having at least 500 square feet of livable gross floor area.
B.
DUPLEXTwo dwelling units which are attached side by side by a party wall and having one side yard adjacent to each dwelling unit.
C.
TWO-FAMILYTwo dwelling units which are located one over the other and having two side yards.
D.
TOWNHOUSEThree or more dwelling units which each occupy a separate lot and which are attached side by side by party walls and having a side yard adjacent to each end unit.
E.
MULTIFAMILYA single building containing three or more dwelling units.
DWELLING UNIT
A building or portion thereof intended to be occupied by
a single-family unit.
FENCE
Any structure regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or to divide a piece of land into distinct portions.
FENCE HEIGHT
The distance measured from the existing grade to the top
of the fence.
GARAGE SALE
The sale or offering for sale of five or more new, used or
secondhand items of personal property at any one residential premises
at any one time. Includes all sales in residential areas entitled
"garage sales," "yard sales," "tag sale," "porch sale," "lawn sale,"
"attic sale," "basement sale," "rummage sale," "flea market sale"
or any similar casual sale of tangible personal property.
GARAGE, PRIVATE
A building for the noncommercial storage of one or more motor
vehicles.
GARAGE, PUBLIC
A building for the commercial storage, repair, rental or
servicing of motor vehicles.
GRADE, FINISH
The average surface elevation of a lot after the completion
of final grading.
GRADE, NATURAL
The average elevation of the original or undisturbed surface
of a lot.
GRADE, SUBGRADE
The average elevation of the surface of a lot immediately
prior to the final grading.
HOME OCCUPATION
A business, including a professional office, conducted in
a dwelling or a single accessory building.
HOTEL AND MOTEL
An establishment for transients consisting of any number
of sleeping rooms in permanent buildings, each room or suite of rooms
having complete sanitary facilities and separate entrances, including
hotel, motel, lodge, tourist park and similar establishments, but
not including a boarding- or lodging house, inn or bed-and-breakfast
establishment.
INN
A commercial facility not meeting the criteria of hotel or
motel set out above and not a boarding- or rooming house, for the
serving of meals and/or the housing of transients.
JUNKYARD
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 collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
KENNEL
The use of any lot for breeding, keeping, boarding or training
for fee, whether in special buildings or runways or not, including
but not limited to dog and cat kennels.
LIVE/WORK UNIT
Property that combines residential living space with commercial
or office space.
LOADING SPACE, OFF-STREET
Space designed for bulk pickups and deliveries by highway
transport or delivery vehicles and accessible to such vehicles when
off-street parking spaces are filled.
LOT
A plot or parcel of land having at least the minimum area required by this chapter for a lot in the district in which such lot is situated and having its principal frontage on a public street or approved private street or road. Parcels in single ownership separated by a road shall be considered as separate parcels. (See the applicable provisions of Article
X for other lot definitions and methods of measurement.)
LOT LINE, FRONT
The property line running along the front of the lot separating
it from the public or approved private street.
LOT LINE, REAR
The lot line or lines generally opposite or parallel to the
front lot line; except that in a through lot there is no rear lot
line. If the rear lot line is less than 10 feet long or the lot comes
to a point at the rear, such rear lot line is assumed to be a line
not less than 10 feet long, lying wholly within the lot, parallel
to the front lot line or, in the case of a curved front lot line,
parallel to the chord of the arc of such curved lot line.
LOT LINE, SIDE
Any lot line other than a front lot line or rear lot line.
LOT, CORNER
A lot abutting two or more intersecting public or private
streets at their intersection. A corner lot shall provide a front
yard along all property lines abutting a public or approved private
street. Corner lots need to provide only one rear yard.
LOT, FRONT OF
The side or sides of a lot which abut a public or approved
private street.
LOT, PARCEL OR LAND AREA
The area of a lot, parcel or other piece of land shall be
calculated as the area bounded by the property lines, except that
public and private rights-of-way and state private wetlands as designated
on the wetlands boundaries maps of the State Department of Natural
Resources shall not be included as part of the lot area unless specifically
permitted for the structure or use involved. Easements may be included
in lot area, and private wetlands and easements may be included as
part of any yard setback unless otherwise provided elsewhere in this
chapter. The term "lot area per dwelling unit" shall be computed as
the total lot area divided by the total number of all dwelling units
located or to be located on the lot.
LOT, THROUGH
A lot, other than a corner lot, extending through from street
to street. Through lots shall provide the required front yard on both
streets, but need not provide the required rear yard.
MECHANICAL EQUIPMENT
Any device or equipment associated with or a part of a solar
energy system, such as but not limited to electrical control units,
transformers, inverters, switching equipment, electrical cabinets,
pumps, regulators and the like that transfer, transmit, switch or
regulate the energy produced by the system and transfer the energy
to the on-site building or dwelling where the energy is consumed.
Mechanical equipment shall not include wires, cables or pipes.
MEDICAL CANNABIS
Any product containing usable cannabis or medical cannabis
finished product.
METEOROLOGICAL TOWER
Any tower and its supporting structure which holds or supports
equipment and telemetry devices that are used to monitor or transmit
wind speed and wind flow characteristics over a period of time for
either instantaneous information or to characterize long-term trends
in wind resources at a given location.
MIXED-USE BUILDING
A building that contains allowed commercial uses and allowed
residential uses.
MOBILE HOME
A detached residential or business unit containing not less
than 500 square feet of gross livable floor area in the original manufactured
unit, designed and intended for repeated or periodic transportation
in one or more sections on the highway on a chassis which is permanent
or designed to be permanent and arriving at the site where it is to
be occupied, complete and ready for occupancy except for minor and
incidental unpacking and assembly of sections, location on jacks or
other foundations, connection to utilities and the like. Units commonly
known as "double-wides" and any unit classified as a mobile home by
an applicable financing or construction standard, including, without
limitation, the United States Department of Housing and Urban Development
regulations, State Department of Economic and Community Development
regulations and state or federal law as such laws or regulations are
in effect as of the date of passage of the chapter, shall be considered
a mobile home. The placing of a mobile home on a permanent foundation
or the construction of additions, porches and the like shall not change
the classification of such mobile homes. Recreational trailers and
vehicles and modular homes are not considered mobile homes.
MODULAR HOME
A detached residential or business unit, built to the specifications
of a recognized building code, containing not less than 500 square
feet of gross livable floor area in the original manufactured unit,
designed and intended for delivery by transportation on the highway
for permanent assembly in a permanent and separately constructed foundation.
A modular home may be considered a single-family dwelling. A modular
home must meet the requirements and definitions of the Maryland Industrialized
Building and Mobile Homes Act as in effect as of the date of passage of this chapter.
NURSING HOME
A proprietary facility, licensed by a governmental authority,
for the accommodation of persons who require skilled nursing care
and related medical services but are not in need of hospital care.
OPEN SPACE
Predominantly undeveloped land which should remain permanently
open to serve important public purposes.
OVERSPEED CONTROL
A device or system designed and maintained to prohibit the
uncontrolled rotation of the wind energy conversion system's rotors
or blades beyond their operational limitations.
PARKING LOT
A permanently surfaced area of one or more parking spaces
designed or used for the parking of self-propelled vehicles and available
to the public, whether for a fee or as an accommodation to clients
or occupants.
PARKING SPACE
A permanently surfaced area of not less than nine feet wide
and 18 feet long, either within a structure or in the open, exclusive
of driveways or access drives, for the parking of a motor vehicle.
PASSIVE STALL REGULATION SYSTEM
A form of overspeed protection whereby the angle of attack
of the blade airfoil is increased by the flexing of the blade from
excessive wind speeds until the lift force on the blade stops acting
and the blade's rotation is slowed or stopped or a system employing
blades angled such that winds above a given speed create turbulence
on the upwind side of the blade to limit or stop the blades' rotation.
PERMITTED PRINCIPAL USE AND STRUCTURE
Subject to applicable district and other regulations, such
use or structure may be conducted or erected on any legal lot within
the districts so specified without the prior approval of the Mayor
and Council, Planning Commission or Board of Appeals.
PLOT PLAN
An accurate drawing or map of property that shows the size
and configuration of the property and the size and precise location
of most man-made features (i.e., buildings, driveways, utility lines
and walls or fences) on the property. Plot plans show both what currently
exists on the property and what the desired physical changes are,
that will change the physical appearance of the land and man-made
features.
PRINCIPAL USE OR STRUCTURE
The primary activity or structure for which a site is used.
A principal use or structure may be either a permitted principal or
a special exception use or structure.
PROFESSIONAL OFFICE
Office of a physician, lawyer, dentist, architect, accountant,
planner, engineer, theologian or similar member of a recognized profession.
PROPERTY LINE
The boundary of a lot or group of lots used in combination.
Where there is a street adjacent to a boundary line, setbacks shall
be measured from the right-of-way line unless otherwise required by
this chapter.
PUBLIC
Any land or structure owned and operated by a public or quasi-public
jurisdiction or agency for the public benefit.
PUBLIC NOTICE
A notice published in a newspaper of general circulation
in the municipality. Such notice shall state the time and place of
the public hearing and a summary of the matter to be considered at
the hearing. The publication of notice shall be at least 10 days prior
to the hearing.
PUBLIC UTILITY
Any use or structure, except essential services, which provides
to the general public such services as water, sewerage, sewage treatment,
electricity, piped gas or telecommunications.
RIGHT-OF-WAY
A land or water area legally separated from abutting properties,
used for travel, access, utility location or other purposes.
ROADSIDE STAND
A stand, vehicle or structure used or designed to be used
for the display or sale of agricultural products.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the
rotating blades.
SEASONAL RESIDENCE
A dwelling, cabin, lodge or summer house which is intended
for occupancy for less than six months or 182 days of the year.
SERVICES, ESSENTIAL
Facilities such as wires, lines, cables or pipes and supporting
structures thereof that are reasonably necessary to provide local
properties with water, sewer, gas, electric, telecommunications or
similar services. Such facilities may be located in public rights-of-way,
in special easements or on customers' property. Wastewater treatment
facilities, cross-country electric transmission lines, telephone trunk
lines, microwave stations, transmission pipelines and radio or television
transmission or receiving structures shall not be included in "essential
services."
SIGN
Any device for visual communication designed to attract or inform the public. See Article
XIII.
SOLAR ENERGY HEATING EQUIPMENT
Any system or device located on or adjacent to a building
and designed to harness solar radiation to heat water for use in a
building's domestic water system, swimming pool, hot tub or other
similar fixture or to heat air, water or any other liquid or gas which
is then used to condition a space occupied by humans or animals.
SOLAR ENERGY POWER SYSTEM
Any device or facility that converts solar energy into electrical
energy either directly, as in the case of photovoltaic cells, or indirectly
by first capturing and/or concentrating solar radiation for the purpose
of converting any liquid to a gas used to fuel or propel an electrical
generator.
SOLAR ENERGY SYSTEM, LARGE
A ground-mounted solar energy system with a rated capacity
of 200 kilowatts or greater whose principal purpose is to provide
electrical power for sale to the general power grid.
SOLAR ENERGY SYSTEM, MEDIUM
A ground-mounted solar energy system with a rated capacity
greater than five kilowatts but less than 200 kilowatts or a roof-mounted
solar energy system of any capacity in excess of five kilowatts and
serving, or designed to serve, any agricultural, residential, commercial,
institutional or industrial use on a single lot or parcel or group
of adjacent lots or parcels.
SOLAR ENERGY SYSTEM, SMALL
A solar energy system with a rated capacity of five kilowatts
or less and serving, or designed to serve, any agricultural, residential,
commercial, institutional or industrial use on a single parcel or
lot. Individual photovoltaic cells or small groups of such cells attached
to and used to either directly power, or charge a battery which does
so, an individual device such as a light fixture, fence charger, radio
or water pump shall not be considered a small energy power generation
facility as defined herein and may be used in any zoning district
without regard to lot or setback requirements.
SPECIAL EXCEPTION
A permitted use under the provisions of this chapter as authorized in specific instances listed and under the terms, procedures and conditions prescribed herein. See the applicable provisions of Article
VI.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or if there is
no floor above it, then the space between such floor and the ceiling
above it.
STORY, HALF
A story under a sloping roof, the wall plates of which on
at least two opposite exterior walls are not more than two feet above
the floor of such story.
STREET
A public right-of-way over land 50 feet or more in width
which provides a means of public access to abutting properties or
such a public right-of-way not less than 30 feet in width which existed
prior to the date of passage of this chapter. An approved private
street or road is one which meets the right-of-way requirements of
a public street above, is approved by the Planning Commission and
is privately owned. The term "street" includes avenue, boulevard,
road, highway, freeway, parkway, lane, circle or similar term.
STRUCTURE
Anything constructed having a stationary location on or in
land or water, whether or not affixed to the land. It includes but
is not limited to buildings, platforms, sheds, walls, fences, signs
and swimming pools.
WETLANDS BOUNDARY LINE
A.
In the case where land abuts tidal waters, the boundary line
between wetlands and fastlands as defined by the Maryland Wetlands
Act and as shown in the Official Wetlands Boundary Maps of
the State Department of Natural Resources.
B.
In the case where land abuts nontidal waters, the boundary line
between nontidal wetlands and fastlands or the boundary line between
fresh water and fastlands.
WIND ENERGY CONVERSION SYSTEM
An electrical generating facility consisting of a wind turbine,
generator and other accessory structures and buildings, electrical
infrastructure and other appurtenant structures and facilities. For
the purposes of this section, wind energy conversion systems shall
be categorized as follows:
A.
SMALL WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of a single wind turbine, generators, a tower and associated controls which has a total rated capacity of 20 kilowatts or less and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.
B.
MEDIUM WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than 20 kilowatts but not greater than 100 kilowatts and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.
C.
LARGE WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than 100 kilowatts and designed to provide electrical energy to the power grid as well as provide energy to the facilities wherein the system is located.
WIND TURBINE
Any machine that converts the wind's kinetic energy into
rotary mechanical energy.
YARD
See the applicable provisions of Article
X.
YARD, FRONT
An open, unoccupied space lying between the front line of
the lot and the front setback line as designated in the district regulations,
extending the full width of the lot. Where the width of the lot as
measured along the front setback does not meet the required minimum
lot width, the front setback line shall be moved toward the rear of
the lot until the minimum width requirement is met.
YARD, REAR
An open, unoccupied space lying between the rear line of
the lot and the rear setback line as designated in the district regulations,
extending the full width of the lot.
YARD, SIDE
An open, unoccupied space lying between the side lot line
and the side setback line as designated in the district regulations,
extending between the front and rear setback lines. Any lot line which
is not a rear lot line or a front lot line shall be deemed a side
lot line.
ZONING MAP
The Official Zoning Map of Snow Hill, Maryland.