Unless otherwise expressly stated, the definitions of words and terms
contained in this article shall be used in interpreting this chapter.
Words not herein defined are used with a meaning of standard usage.
ACCESSORY USE OR BUILDING
A subordinate use or building customarily, or intended to
be, incidental to and located on the same lot occupied by a principal
use or building. The term "accessory building" includes but is not
limited to a private garage, garden or barn, a private playhouse,
a private greenhouse, and a private swimming pool.
ADULT USE
A use involving one or more of the following, and which shall
only be permitted in a zoning district where the use is specifically
permitted by this chapter:
(1)
ADULT BOOKSTOREA use with a significant portion of the market value of all items offered for sale or rent being adult materials, or which has over 15 square feet of floor area occupied by adult materials for sale or rent. "Adult materials" shall be defined as books, films, videotapes (including those offered on coin- or token-operated machines), magazines or similar printed materials, and/or paraphernalia which is distinguished or characterized by a clear emphasis on the depiction, display, or description of uncovered male or female genitals.
(2)
ADULT LIVE ENTERTAINMENT USEA commercial use or club involving employees, contractors or other workers displaying uncovered male or female genitals or nude female breast related to some form of monetary compensation paid to the entity operating the use or to persons involved in such display.
(3)
ADULT THEATERA use involving the display of film or videotape adult materials to three or more persons at a time in a room and that is related to some form of monetary compensation by the persons viewing such matter.
(4)
MASSAGE PARLORA use in which manipulative exercises using the hands or a handheld mechanical device are conducted by one or more persons on the exposed skin of one or more other persons within private or semi-private rooms and that is related to some form of monetary compensation paid by the person(s) receiving the massage. This use shall not include any of the following:
(a)
Massages by state-licensed massage therapists or health care
professionals.
(b)
Massages involving persons who are related to each other.
(c)
Massages within a licensed hospital or nursing home.
(d)
Hand massages of the face, hands or feet.
(e)
Therapeutic massages that are clearly incidental to a permitted
exercise club or municipal, college or high school athletic program.
(5)
TATTOO PARLORA commercial use involving the marking of skin of persons with a design by a process of pricking and/or ingraining an indelible pigment or by raising scars, or similar method.
AGRICULTURE
The cultivation of soil and the raising and harvesting of
products of the soil, including customary soil and water conservation
practices, but not including the raising or keeping of livestock,
poultry, pigs, horses, sheep or the like.
ALLEY
A right-of-way, other than a street, used for vehicular access
to the side or rear of abutting property.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
to another.
APARTMENT HOUSE
Any building or part thereof containing three or more dwelling
units.
AREA
(1)
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, unroofed porches, paved terraces, steps, eaves and gutters.
(2)
LOT AREAThe area contained within the property lines of a record lot, including the area within all easements, but excluding the area within all street rights-of-way.
AUTOMOBILE SERVICE STATION
A building or premises where gasoline, oil, grease, batteries,
tires and automobile accessories, or any combination thereof, are
sold at retail, where incidental servicing and mechanical repairs
are conducted; provided, however, that this term shall not be deemed
to include motor vehicle repair garages.
BASEMENT
Any area fully or partially below the ground. A basement
may be considered habitable for rental purposes, if proven it meets
all rental code requirements.
BED-AND-BREAKFAST USE
An establishment that only serves transient visitors to the
area with sleeping rooms and at least one meal per day and that is
within a setting reflecting a residential rather than a commercial
character.
BOARD
The Board of Appeals of the Town of Westernport, Maryland.
This Board may also be known as the "Board of Zoning Appeals."
BOARDINGHOUSE or LODGING HOUSE
A residential use where both meals and lodging are provided
for compensation to persons who are not transient visitors to the
area and which does not meet the definition of a "bed-and-breakfast
use" or a "family" within a single lawful dwelling unit.
BUILDING
A combination of materials, having a roof, to form a structure
for the shelter of persons, animals or property. The word "building"
shall include any part thereof.
BUILDING COVERAGE
See "lot coverage." The percentage of the lot area covered
by the building area.
BUILDING HEIGHT
A building's vertical measurement from the mean level
of the ground abutting the building to a point midway between the
highest and lowest points of the roof.
BUILDING LINE
A line beyond which the foundation wall, any enclosed or
covered porch, vestibule, or other structure of a building or part
thereof shall not project, except that steps leading to the first
floor for normal egress may project beyond the building line. For
purposes of this chapter, the building line shall be the same as the
innermost edge of the required yards.
BUILDING SETBACK LINES
The rear lines of the minimum front yards, as herein designated
for each district, measured from the street line.
CHURCH AND SIMILAR PLACE OF WORSHIP
A building regularly used for religious services or worship
by 10 or more unrelated persons at one time, such as a church, temple,
synagogue or mosque.
CLUB and LODGE
A building or area of land that is routinely used by a recreational,
civic, social, fraternal, religious, political, labor union or similar
organization for meetings, socializing and recreation; limited to
use by bona fide members and their occasional guests, except for persons
specifically invited for special celebrations; not open to the general
public; and not operated as a for-profit business. Any use such as
a tavern, restaurant or retail sales shall only be permitted if all
of the requirements for such use are also met.
COMMERCIAL
Any activity conducted with the intent of realizing a profit
from the sale of goods or services.
COMPREHENSIVE PLAN
The Westernport Comprehensive Plan, adopted by the Mayor
and Commissioners of Westernport, and any amendments thereto.
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged or
preprocessed food products, household items, and other goods commonly
associated with the same and having a gross floor area of less then
5,000 square feet. Such establishments may also sell gasoline at retail
prices. The area utilized for the sale of gasoline shall be considered
as part of the floor area.
CONVENTIONAL CONSTRUCTION
Buildings which are fabricated or assembled in the greater
part on the site where such buildings are to be located, not including
mobile/manufactured homes, modular structures, recreational trailers
and vehicles, or buildings which are designed to be portable.
CUL-DE-SAC
A street that terminates in a vehicular turnaround.
DISTRICTS
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SR — Suburban Residential District
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TR — Town Residential District
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TC — Town Center District
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NC — Neighborhood Commercial District
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DRIVE-IN RESTAURANT
A restaurant designed and intended exclusively or primarily
for the sale of take-out food to be consumed by the customers in their
motor vehicles or off the premises.
DRIVEWAY
A privately owned vehicular access from a street to one or
two principal buildings and which does not meet the definition of
"street" or "alley."
DWELLING
A building or portion thereof arranged or designed to provide
one or more dwelling units.
(1)
DWELLING UNITA dwelling or portion thereof providing complete living facilities for one family; provided, however, that this term shall not be deemed to include rooming houses, boardinghouses or lodging houses or hotels, motels, tourist homes or other similar places offering overnight accommodations for transients.
(2)
MULTIFAMILY DWELLINGA residential use consisting of a building containing three or more 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).
(3)
MULTIFAMILY (APARTMENT) DWELLINGA building containing one dwelling unit above another dwelling unit or a building containing three or more dwelling units and designed to be occupied by three or more families living independently of one another.
(4)
MULTIFAMILY CONVERSION DWELLINGA multifamily residence containing not more than four dwelling units and results from the conversion of a single building that was originally designed, constructed, and occupied as a single-family residence.
(5)
PRIMARY WITH ACCESSORY APARTMENT DWELLINGA residential use with the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more that 25% of the total floor area of the building containing one dwelling unit and located on a lot containing no other dwelling units.
(6)
SINGLE-FAMILY DETACHED DWELLINGA building, commonly known as a "single-family house," designed for and occupied exclusively as a residence, having one dwelling unit from ground to roof and open space on all sides; where a private garage is structurally attached to such a dwelling, it shall be considered as a part thereof.
(7)
TWO-FAMILY DETACHED (DUPLEX) DWELLINGA single building containing two dwelling units separated by a vertical wall and intended and designed to be occupied as a residence by two families living independently of each other as separate housekeeping units.
(8)
SINGLE-FAMILY ATTACHED (TOWNHOUSE) DWELLINGA portion of a building designed for and occupied exclusively as a residence for only one family and having only one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction therewith and any portion of one or two walls in common with an adjoining dwelling.
(9)
TWIN DWELLINGOne dwelling unit attached to only one other dwelling unit, with the dwelling units separated by a solid vertical wall, and with each dwelling unit having living space on the ground floor and a separate ground-level entrance.
(10)
TWO-FAMILY DWELLINGA residential use consisting of a building containing two dwellings units, but not including twin dwellings and not including a primary dwelling with an accessory apartment. If two dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one building.
(11)
SITE, DWELLINGA lot or parcel of land of such dimensions and zoning classification as to permit the lawful construction and occupancy of a dwelling unit thereon.
(12)
UNIT DWELLINGAn enclosure containing sleeping, kitchen and complete bathroom facilities designed for and used, or held ready for use, as a residence by a maximum of only one family as defined by this section, unless specifically stated otherwise.
ESSENTIAL UTILITY EQUIPMENT
Underground or overhead electrical, gas, communications,
water or sewage systems, including poles, towers, rights-of-way, wires,
lines, mains, drains, sewers, conduits, cables, fire alarm boxes,
public telephone booths, police call boxes, traffic signals, hydrants,
regulating and measuring devices, and the structures in which they
are housed, and other similar equipment and accessories in connection
therewith; provided, however, that this term shall not be deemed to
include buildings, yards or areas for the storage, repair or processing
of equipment or material; nor does it include sewage treatment plants,
lagoons, settling basins and the like conducted as a principal use;
nor does it include yards, areas or substations for the aboveground
generation, transforming or switching of electricity.
FAMILY
An individual or two or more persons related by blood or
marriage, or a group of not more than five persons, excluding servants,
not related by blood or marriage, living together as a single housekeeping
group in a dwelling unit.
FENCE
A fixed structure designed to prevent escape or intrusion
or to define property.
FLOODWAY
The designated area of the one-hundred-year floodplain required
to carry and discharge floodwaters of a given magnitude.
FLOOR AREA, TOTAL
The gross area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
FORESTRY
The cutting of timber for processing and sale.
GARAGE
A structure used for the storage of vehicles and household
items. The only motor vehicle repairs permitted within a garage that
is accessory to a dwelling unit(s) shall be of vehicles that are owned
or leased by occupants of such dwelling unit or their relatives.
GRANDFATHERING
A process that generally allows existing nonconforming uses
and nonconforming structures to continue in place, provided that they
were legal when they were established, even though such uses and structures
do not conform to the current requirements of this chapter.
GROUP HOME
The use of a lawful dwelling unit to house persons who need special care and oversight because of mental retardation/developmental disability, old age, physical disability, physical or emotional abuse committed against themselves, or mental illness (other than mental illness that involves or has involved behavior related to violent felony crime). Such use shall function as a common household unit. See standards for group homes in Article
XI.
(1)
A group home may also serve other types of persons if the applicant
proves to the satisfaction of the Board of Appeals that such persons
are protected under the federal definition of "handicap" under applicable
federal law. In such case, the applicant shall also prove to the Board
of Appeals that the use will involve adequate supervision.
(2)
A group home shall not include the housing or treatment of persons
who:
(a)
Could reasonably be considered a threat to the physical safety
of others; and/or
(b)
Were previously convicted of a sexual felony committed against
a minor.
(3)
A group home shall not include any use that meets the definition
of "treatment center."
HIGHWAY SERVICE PLAZA
A business occupying not less than 10 acres of land at or
near an interchange of a limited access highway and intended primarily
to provide services for travelers, which may include food, lodging
and incidental servicing of motor vehicles and trucks.
HOME PROFESSIONAL OFFICE; HOME OCCUPATION
An office or business conducted in a dwelling or accessory
building, or in both, the activity being clearly incidental and secondary
to the use of the premises for residential purposes.
JUNKYARD
An area totaling over 100 square feet used for the storage,
dismantling, processing and/or sale of unused, demolished, discarded,
scrap and/or abandoned man-made materials, including but not limited
to furniture, tires, appliances, mobile homes, machinery, motor vehicles
and their parts, and building materials.
(1)
A junkyard shall also include any lot used for the parking or
storage of one or more motor vehicles that do not display evidence
of current governmental registration or registration that expired
less than 90 days previously.
(2)
The term shall not include:
(a)
A Town-permitted recycling collection or recycling processing
center;
(b)
Solid waste or recyclables within a suitable container routinely
awaiting imminent proper disposal; or
(c)
Storage within a lawful, completely enclosed storage building.
KENNEL
A commercial operation that:
(1)
Provides food and shelter and care of animals for the purpose
not primarily related to medical care (a kennel may or may not be
run by or associated with a veterinarian); or
(2)
Engages in the breeding of animals for sale.
LIVESTOCK
Domestic animals raised for commercial use or sale and not
commonly considered as household pets.
LOADING SPACE, OFF-STREET
A space designed for bulk pickup and deliveries by transport
or delivery vehicles and not designed for off-street parking.
LOT
A parcel or plot of land used or set aside and available
for use as the site of one or more buildings and buildings accessory
thereto or for any other purpose, in one ownership and not divided
by a street nor including any land within the limits of a public or
private street right-of-way. The term "record lot" means the land
designated as a separate and distinct parcel of land on a legally
recorded deed filed among the land records of Allegany County.
(1)
LOT WIDTHThe width of a lot measured at the building setback line.
(2)
LOT DEPTHThe depth of a lot as measured by the average horizontal distance between the front line and the rear lot line.
(3)
LOT COVERAGEThe total percentage of the lot area that is covered by all building(s) on the lot, unless specifically stated otherwise.
(4)
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and front yards shall be provided along each street.
LOT, CORNER
A lot abutting two or more streets at their intersection,
where the interior angle of the intersection does not exceed 135°.
LOT, INTERIOR
A lot other than a corner lot with only one frontage on a
street other than alley.
LOT LINE
Any boundary line of a lot.
(1)
LOT LINE, FRONTThe street line, which shall be the same as the legal right-of-way line, provided that along streets for which a future right-of-way width is designated and legally adopted, pursuant to the Land Use Article of the Annotated Code, the front lot line shall be the future right-of-way line thus established.
(2)
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line, and except that in the case of a corner lot the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.
LOT OF RECORD
A lot which is recorded as a separate parcel of land in the
official property records of Allegany County.
LOT, REVERSED FRONTAGE
A lot where the street frontage is approximately at right
angles to the general pattern is the area involved. A reversed frontage
lot may also be a corner lot or an interior lot.
LOT, THROUGH
A lot other than a corner lot with frontage on more than
one public street.
MOBILE HOME
A single-family detached dwelling unit manufactured in one
complete section, designed for long-term occupancy, containing sleeping
accommodations, a flush toilet, a bathtub or shower, and kitchen facilities
with plumbing and electrical connections provided for attachment to
outside systems, and designed to be transported after fabrication
on its own wheels, or on flatbed or other trailers, arriving at the
site where it is to be occupied as a complete dwelling and ready for
occupancy except for minor and incidental unpacking and assembly operations;
provided, however, that sectional (double-wide) homes and travel trailers
shall not be considered mobile homes for the purposes of this chapter.
MOBILE HOME PARK
A residential use in which more than one mobile home is located on a single lot. See Article
IX.
MODULAR HOME
A dwelling unit constructed in accordance with the standards
set forth in the Town building code applicable to site-built homes
and composed of components substantially assembled in a manufacturing
plant and which is designed to be supported by a conventional perimeter
foundation. For the purposes of this chapter, a modular home shall
be regulated in the same manner as a site-built home. This type of
home is also known as a "sectional home." A modular home shall not
include a mobile home.
MOTEL or HOTEL
An establishment serving overnight transient visitors to
the area and consisting of five or more sleeping rooms, with each
room or suite of rooms in a permanent building, and with each room
or suite of rooms having its own sanitary facilities. This term shall
not include a boardinghouse and lodging house or recreational trailer
park. A motel or hotel may include an attached accessory restaurant
and meeting facilities.
MOTOR VEHICLE REPAIR GARAGE
Building or premises intended or operated for the major repair
of motor vehicles, including body work, painting, spraying, welding
or the storage of vehicles not in operating condition.
NONCOMMERCIAL
Any activity conducted for personal use or enjoyment without
the intent of realizing a profit or recovering costs through the sale
of goods or services.
NONCONFORMING STRUCTURE OR LOT
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for off-street parking, off-street loading
or accessory buildings, but which structure or lot was lawfully in
existence at the effective date of this chapter.
NONCONFORMING USE
A use of a building or lot that does not conform to use regulations
prescribed by this chapter for the district in which it is located
but which was lawfully in existence at the effective date of this
chapter.
OPEN SPACE
Land intended for recreation or conservation of nature resource
purposes, and free or residential, business, or industrial structures
and uses.
PARKING LOT, COMMERCIAL
A permanently surfaced area (asphalt or concrete) 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 customers or clients.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile and which is located
in such a way that no parking or maneuvering incidental to parking
shall be on any required minimum front yard of a primarily residential
use (other than a driveway), public street or road, sidewalk or alley.
Required parking spaces shall be located so that any automobile may
be parked or moved without moving another.
PERSON
A corporation, institution, partnership, trust, association
or any other legal entity as well as a natural individual.
PETS
Animals for personal use or enjoyment and not bred, fed,
raised, or processed for commercial purposes.
PREMISES
A tract of land including the structures and buildings thereon.
PRINCIPAL USE
The primary activity for which a site or a structure is used.
A principal use may be either a permitted principal use or a special
exception.
PRIVATE
Any use or structure not owned or operated by a public or
semipublic organization.
PUBLIC
Owned or operated by a governmental jurisdiction or agency.
RECLASSIFICATION
The changing of the zoning classification which applies to
a particular area of land or structure.
RECREATION TRAILER
A vehicle built on a chassis designed to be pulled by another
vehicle and used as a temporary dwelling for travel or recreational
purposes, and also including trailers for the conveying of boats.
RECREATION VEHICLE
A vehicle built to be self-propelled and used as a temporary
dwelling for travel or recreational purposes.
RELATED or RELATIVE
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one or more of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. This term shall not include relationships
such as second or more distant cousins. This term shall include similar
"step" relationships established by marriage, such as stepfather or
stepson.
RESTAURANT, SIT-DOWN
A public facility serving food cooked to order and served
at tables or booths on the premises.
RESTAURANT, TAKE-OUT
A public facility that prepares food for consumption on the
premises in parked automobiles, with the requisite amount of off-street
parking.
SANITARY LANDFILL
Landfills and other areas where waste, refuse and discarded
materials are abandoned.
SECTIONAL (DOUBLE-WIDE) DWELLING
A single-family detached dwelling unit manufactured in two
or more sections, designed for permanent occupancy, and transported
to a building site in sections which are fastened together and mounted
on a permanent foundation, ready for occupancy except for minor and
incidental unpacking and assembly operations. For purposes of this
chapter, "sectional dwelling" includes modular, prefabricated and
other similar types, but mobile homes and travel trailers are not
considered to be sectional dwellings.
SEMIPUBLIC
Owned and operated by a civic or nonprofit organization for
the use or benefit or the general public.
SEWAGE DISPOSAL SYSTEM
(1)
CENTRALIZED SEWAGE DISPOSAL SYSTEMA utility system serving two or more dwelling units or business, commercial, industrial or other establishments which is designed and operated for the collection, transportation, treatment and disposal of sewage in compliance with county and state health regulations.
(2)
PRIVATE SEWAGE DISPOSAL SYSTEMA system of sewers, pipes, treatment tanks or other facilities serving only a single dwelling unit or a single business, commercial, industrial or other establishment which is designed and operated for the collection, treatment and disposal of sewage in compliance with county and state health regulations.
SHOPPING CENTER
A group of three or more retail stores, service establishments
and/or other similar uses, in one ownership and designed as a unit.
SIGN
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented directly or indirectly
on a structure or other surface, that displays or includes any letter,
word, insignia, flag, or representation used as, or which is the nature
of, an advertisement, announcement, visual communication, or direction
or is designed to attract the eye or bring the subject to the attention
of the public. Flags of any governmental unit or any charitable or
religious organization, interior signs not visible from a public right-of-way
or adjoining property, and cornerstones built into or attached to
a wall or a building are not deemed signs within purposes of this
chapter.
(1)
ON-PREMISES SIGNA sign which directs attention to a business, profession, product, home occupation, service or activity conducted or sold on the same lot.
(2)
OFF-PREMISES SIGNA sign which directs attention to a business, profession, product, home occupation, service or activity not conducted or sold on the same lot.
(3)
COMMERCIAL ADVERTISING SIGNAn advertising sign, structure or symbol, commonly known as a "billboard," erected and maintained by a person or corporation engaged in the sale or rental for profit of the space thereon to a clientele of manufacturing, service, commercial or other business enterprises upon which sign there is displayed, generally for a limited period of time, advertising matter describing a variety of products or services widely or generally available, but usually not produced, assembled, stored or sold on the lot or premises upon which the advertisement is located.
(4)
BUSINESS ADVERTISING SIGNAn advertising sign, structure or symbol erected and maintained by or for the benefit of a specific individual manufacturing, service, commercial or other business enterprise and used exclusively to advertise the location or the products or services offered by said enterprise, rather than for the periodic advertising of products and services generally available.
SPA and/or HOT TUB
A permanent structure intended for recreation located either
indoors or outdoors.
SPECIAL EXCEPTION USE
A use for which the Board of Appeals may grant permission
following a public hearing and findings of fact consistent with the
provisions of this chapter, and provided that the use complies with
specified conditions and standards outlined in this chapter.
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
be no floor above it, the space between such floor and the ceiling
above it. A basement shall be counted as a story if an average of
five feet or more is located above the ground level at the front of
the building and if the basement includes an inside height of at least
6.5 feet.
STREET
A strip of land, including the entire width of the right-of-way
between street lines, used or intended for use by the public for vehicular
travel or to provide vehicular access to three or more abutting lots
or principal uses.
STREET LINE
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way line, provided that
where a future right-of-way width for a street is officially established
pursuant to the Land Use Article of the Annotated Code, then the street
line shall be the side of the future right-of-way so established.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such
as walls, columns, or beams.
STRUCTURE
A combination of materials assembled, constructed or erected
at a fixed location, the use of which requires location on the ground
or attachment to something having location on the ground. The word
"structure" shall include any part thereof.
SWIMMING POOL
A permanent man-made structure intended for bathing or swimming located either indoors or outdoors. All outdoor pools shall be completely enclosed by a wall or fence at least four feet high and designed to prevent the unauthorized entry by children and other persons. (See §
250-22F for more details.)
TRAVEL TRAILER
A portable or vehicular unit:
(1)
Having a width not exceeding eight feet and a length not exceeding
32 feet;
(2)
Built on a chassis or designed to be transported on a truck
or other vehicle; and
(3)
Designed for temporary use as a dwelling for travel, recreation,
vacation or similar short-term uses.
TREATMENT CENTER
A use, other than a prison, providing housing facilities for persons who need specialized housing, treatment and/or counseling because of criminal rehabilitation, such as a criminal halfway house or treatment/housing center for persons convicted of driving under the influence of alcohol; addiction to alcohol and/or a controlled substance; or a type of mental illness that involves or has involved behavior related to violent felony crime. See also the definition of "group home" in this section. See standards for treatment centers in Article
XI.
USE
Any activity, occupation, business or operation conducted,
or intended to be conducted, in a building or other structure or on
a tract of land.
UTILITY
Any activity or use which provides and offers such services
as water supply, sewage collection, sewage treatment, electricity,
natural gas or electronic communication.
VARIANCE
A modification only of density, bulk or area requirements
of this chapter where such modification will not be contrary to the
public interest and where, owing to conditions peculiar to the property
and not the result of any action taken by the applicant, a literal
enforcement of this chapter would result in either unnecessary hardship
or practical difficulty.
VIDEO STORE
An establishment renting videocassette or disc recorders/players
and videotapes or discs with incidental sale of these items.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WATER SUPPLY SYSTEM
(1)
CENTRALIZED WATER SUPPLY SYSTEMA utility system serving two or more dwelling units or business, commercial, industrial or other establishments which is designed and operated to supply potable water in compliance with county and state health regulations.
(2)
PRIVATE WATER SUPPLY SYSTEMA utility system serving only one dwelling unit or a single commercial, business, industrial or other establishment which is designed and operated to supply potable water in compliance with county and state health regulations.
YARD
A portion of a lot adjoining and extending inward from a
lot line or street line and which shall remain unobstructed by buildings
or structures or portions thereof except overhanging eaves, gutters
or cornices.
(1)
YARD, FRONTA yard adjoining and extending parallel to a street line.
(2)
YARD, SIDEA yard adjoining and extending parallel to a side lot line and lying between a front yard and a rear yard.
(3)
YARD, REARA yard adjoining and extending parallel to a rear lot line.
ZONING ADMINISTRATOR
The Code Enforcement Officer or person designated by the
Mayor and Commissioners to administer and enforce the provision of
this chapter.