Town of Westernport, MD Article II Definitions and Word Usage

§ 250-6 Rules of construction; definitions.

A. The following rules of construction shall apply in interpreting this chapter:

(1) Words used in the present tense include the future.

(2) The singular number includes the plural, and the plural the singular.

(3) The word "shall" is always mandatory; the word "may" is permissive.

(4) The word "used" or "occupied," as applied to any land or building, includes the words "arranged or designed or intended to be used or occupied."

B. 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 BOOKSTORE A 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 USE A 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 THEATER A 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 PARLOR A 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 PARLOR A 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 AREA The 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 AREA The 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.[1]

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, PRINCIPAL

The primary building on a lot or a building that houses a principal use.

BUILDING SETBACK LINES

The rear lines of the minimum front yards, as herein designated for each district, measured from the street line.[2]

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.[3]

DISTRICTS [4]

	SR — Suburban Residential District
	TR — Town Residential District
	TC — Town Center District
	NC — Neighborhood Commercial District

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 UNIT A 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 DWELLING A 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) DWELLING A 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 DWELLING A 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 DWELLING A 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 DWELLING A 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) DWELLING A 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) DWELLING A 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 DWELLING One 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 DWELLING A 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, DWELLING A 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 DWELLING An 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.[5]

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.[6]

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 WIDTH The width of a lot measured at the building setback line.

(2) LOT DEPTH The depth of a lot as measured by the average horizontal distance between the front line and the rear lot line.

(3) LOT COVERAGE The total percentage of the lot area that is covered by all building(s) on the lot, unless specifically stated otherwise.

(4) LOT FRONTAGE The 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, FRONT The 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.[7]

(2) LOT LINE, REAR Any 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.

(3) LOT LINE, SIDE Any lot line which is not a street line or 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.[8]

MAYOR AND COMMISSIONERS

The elected Mayor and Commissioners of the Town of Westernport.

MINING, QUARRYING, OR EARTHMOVING

The excavation of any natural mineral deposit or soil for commercial sale.[9]

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.

PERMITTED PRINCIPAL USE OF A STRUCTURE

Subject to applicable district and other regulations, such use or structure may be conducted or erected on any legal lot within the districts.

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.

PLANNING AND ZONING COMMISSION

The legally constituted Planning and Zoning Commission of the Town of Westernport.[10]

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.

RESIDENCE

See "dwelling."

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 SYSTEM A 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 SYSTEM A 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 SIGN A sign which directs attention to a business, profession, product, home occupation, service or activity conducted or sold on the same lot.

(2) OFF-PREMISES SIGN A 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 SIGN An 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 SIGN An 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.[11]

STREET, PUBLIC

A street that is publicly owned.

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.)

TOURIST HOME

See "bed-and-breakfast use."

TOWNHOUSE

See "dwelling, townhouse."

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 SYSTEM A 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 SYSTEM A 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, FRONT A yard adjoining and extending parallel to a street line.

(2) YARD, SIDE A yard adjoining and extending parallel to a side lot line and lying between a front yard and a rear yard.

(3) YARD, REAR A 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.

[1] Editor's Note: The definition of "building, accessory" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See the definition of "accessory use or building."

[2] Editor's Note: The definition of "child-care center" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5] Editor's Note: The definition of "hotel, motel or motor hotel" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See the definition of "motel or hotel."

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[8] Editor's Note: The definition of "lot types" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[9] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[10] Editor's Note: Throughout this chapter, references to the Planning Commission were amended to "Planning and Zoning Commission" at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[11] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).