As used in this chapter, the following terms shall have the meanings
indicated:
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot and of a nature customarily
incidental and subordinate to the principal use or structure.
ADULT BOOK OR VIDEO STORE
An adult-oriented business, whether or not containing viewing
booths, theaters, or other performance viewing space, that involves
the sale, rental, transfer, loan, dissemination, distribution, provision
or promotion of adult entertainment or material in the form of books,
magazines, newspapers, photographs, movies, videos, DVDs, CDs or other
audio/video recordings, or other electronic recordings, or, in the
form of merchandise, objects, items or devices.
ADULT ENTERTAINMENT OR MATERIAL
Any performance, depiction, or text that is intended to cause
or provide, or reasonably may be expected to cause or provide, sexual
stimulation, sexual excitement, or sexual gratification and:
(1)
In which an individual or individuals appear in a state of nudity
or partial nudity; or
(2)
That consists, in whole or in part, of action, activity, poses,
portrayal, depiction, or description of:
(a)
Human genitals in a discernible state of sexual stimulation
or arousal; or
(b)
Any act, whether real or simulated, of masturbation, sexual
intercourse, anal intercourse, sodomy, fellatio, cunnilingus, fondling
of the buttocks, anus, female breasts, pubic area, or genital area,
sadomasochistic abuse, physical contact or attempted contact with
clothed or unclothed genitals, pubic areas, buttocks, anus, or female
breasts; or
(3)
That consists of sexual contact with animals or inanimate objects;
or
(4)
That consists of any merchandise, object, item, or device that
is designed and/or marketed with the intention of causing, or that
reasonably may be expected to cause, sexual stimulation, sexual excitement
or sexual gratification.
ADULT-ORIENTED BUSINESS
Any business, operation, or activity a significant amount
of which consists of:
(1)
The conduct, promotion, delivery, provision, or performance
of adult entertainment or material; including, but not limited to,
that occurring in, at, or in connection with a cabaret, lounge, nightclub,
modeling studio, bar, restaurant, club, lodge, or similar establishment;
or
(2)
The sale, rental, transfer, loan, dissemination, distribution,
provision or promotion of adult entertainment or material, in any
format, form, or medium, including, but not limited to, books, magazines,
newspapers, photographs, movies, videos, DVDs, CDs or other audio/video
recordings, other electronic recordings, and/or coin-operated or pay-view-viewing
devices, including, but not limited to, the operation of an adult
book or video store or viewing booth.
ADULT-ORIENTED COMMERCIAL ENTERPRISES
Business activities such as adult bookstores, adult entertainment,
escort services, massage parlors, tattoo studios, body piercing or
branding studios, pawnbrokers, pawnshops, palm readers, fortune tellers
or soothsayers.
AGRICULTURAL
Use of land for agricultural purposes, including farming,
dairying, pasturing, cultivating, horticulture, floriculture, viticulture,
fish culture and animal and poultry husbandry and the necessary accessory
uses, such as the packing, treating and storing of the produce raised
on the premises, but excluding fur farms or the raising or keeping
of such animals as rats, mice, monkeys, snakes and the like for use
in display or in medical or other tests or experiments.
AGRICULTURE, CROP PRODUCTION
The use of land for growing, raising, or marketing of plants
to produce food, feed, or fiber commodities or nonfood crops. Examples
of crop agriculture include cultivation and tillage of the soil and
growing and harvesting of agricultural or horticultural commodities.
Crop agriculture does not include the raising or keeping of farm animals.
ALLEY
A public or private right-of-way affording secondary means
of access to abutting property and not intended for use by general
vehicular traffic.
ANIMAL BOARDINGHOUSE
A kennel or any building used for the boarding, breeding
or care of dogs, cats or other domestic animals for profit, but not
to include pet shops or pet stores.
ANIMAL HOSPITAL
Facilities for the care and treatment of animals by a qualified
veterinarian, including veterinary clinics completely enclosed within
a building.
APARTMENT
A dwelling unit, as herein defined.
APARTMENT BUILDING
A single residential structure designed and constructed to
contain three or more separate dwelling units, regardless of the internal
arrangement of such units or the ownership thereof.
ASSISTED LIVING FACILITY
A facility which provides residential and facility-based
programs for housing and supportive services for persons over the
age of 55 who can live independently but need assistance with activities
of daily living (eating, bathing, grooming, dressing and undressing).
The facility will provide support services for personal care, transportation,
meals, housekeeping, laundry and outside activities and will be licensed
and regulated by the State of Maryland.
AUTOMOBILE FILLING STATION
A building or lot containing pumps and storage tanks at which
fuel, oils or other accessories for the use of motor vehicles are
offered for sale at retail and where minor repair or service facilities
may be included as accessory uses, not to include the storage of junk
or inoperative vehicles.
AUTOMOBILE REPAIR SHOP
Any building or lot containing facilities for major automobile
repairs and body work and automobile service and filling facilities
which may be included as accessory uses, not to include the storage
of junk or inoperative vehicles.
AUTOMOBILE SALES LOT
Any lot where a portion thereof is used for the storage and
display for sale of any motor vehicle and where no major repair or
body work is done, except minor incidental repair and service of automobiles
displayed or sold on the premises, not to include the storage of junk
or inoperative vehicles.
BED-AND-BREAKFAST
A residential use consisting of a single unit with no more
than eight rooms or suites that are rented to lodgers or guests for
overnight or weekly accommodation for a fee.
BOARD
The Board of Appeals of the Town of Princess Anne.
BOARDINGHOUSE, LODGING HOUSE
A residential use housed in a single dwelling or in part
of a dwelling in which unrelated persons are let or sublet lodging
in private rooms or quarters not constituting dwelling units for definite
periods of time, and where there are no overnight stays by transient
guests.
BUILDING
A structure, not including a tent or trailer, having a roof
and supported by permanent columns or walls on the ground and used
for the shelter or enclosure of persons, animals or property of any
kind.
BUILDING LINE
An imaginary line separating the required front, rear and
side yards from the remainder of a lot, within which buildings and
other structures shall be confined except as may be otherwise permitted
in this chapter.
BUILDING, HEIGHT OF
The vertical distance from the average finished grade at
the front building line to the highest point of its roof or to the
mean height level between eaves and ridge for gable, hip and gambrel
roofs.
CHILD-CARE CENTER
An agency, institution or establishment, as licensed by the
Maryland Department of Human Resources Child Care Administration,
that, for part or all of the day or on a twenty-four-hour basis on
a regular schedule and at least twice a week, offers or provides child
care to children who do not have the same parentage. "Child-care center"
does not include a child-care home as herein defined.
CHILD-CARE HOME
A dwelling unit or accessory structure, as licensed by the
Maryland Department of Human Resources Child Care Administration,
in which child care to children who do not have the same parentage
is provided for up to eight children under the age of 16 and in which
the care giver regularly resides. This use shall be considered a home
occupation.
DISTRICT
A portion of the incorporated territory of the Town of Princess
Anne within which certain zoning regulations and requirements or various
combinations thereof shall apply under this chapter.
DWELLING or DWELLING UNIT
A single unit providing complete independent facilities for
occupancy containing permanent provisions for living, sleeping, eating,
cooking and sanitation. A dwelling unit includes, but is not limited
to, an apartment, accessory apartment, efficiency apartment, boardinghouse,
rooming house, single-family dwelling and multifamily dwelling.
DWELLING, MULTIFAMILY
A dwelling containing three or more multiple-family dwelling
units which may or may not share a common entrance.
DWELLING, TOWNHOUSE
An attached, privately owned single-family dwelling unit
which is a part of and adjacent to other similarly owned single-family
dwelling units that are connected to but separated from one another
by a common party wall having no doors, windows, or other provisions
for human passage or visibility.
DWELLING, TWO-FAMILY
A dwelling containing not more than two dwelling units arranged
one above the other or side by side.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance by
public utilities or municipal departments or commissions, of underground
or overhead gas, electrical, steam, or water transmission or distribution
systems, communication, supply or disposal systems; including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, traffic signals, hydrants, towers, electric substations, telephone
exchange buildings, gas regulator stations, and other similar equipment
and accessories that are reasonably necessary to furnish utility services
or for the public health, safety, or general welfare.
FAMILY
One or more persons occupying the premises and living as
a single, nonprofit housekeeping unit.
FARM
A parcel of land or a portion thereof consisting of five
acres or more in size and at least 50% of which is used for agricultural
purposes as defined in this section.
GARAGE
A building or portion thereof used for storage, including
motor vehicles.
GREENHOUSE, COMMERCIAL
An establishment where flowers, shrubbery, vegetables, trees
and other horticultural and floricultural products are grown both
in the open and in an enclosed building for sale on a retail or wholesale
basis.
GREENHOUSE, NONCOMMERCIAL
An establishment where flowers, shrubbery, vegetables, trees
and other horticultural and floricultural products are grown both
in the open and in an enclosed building not for sale on a retail or
wholesale basis.
GROUND AREA OF BUILDING
The square footage of the horizontal surface covered by a
building and its attached structures, such as covered porches and
carports.
GROUP DOMICILIARY CARE HOME
A facility that is licensed by the Maryland Department of
Health and Mental Hygiene and provides a supervised living arrangement
for not more than eight adults, not including support personnel, who
are unable to live alone because of age-related impairments or physical,
mental or visual disabilities. Such facilities may only be located
in a detached single-family dwelling.
HOME OCCUPATION
An accessory use of a dwelling for limited business activity,
professional or semiprofessional offices, occupation or trade.
JUNK
Old or scrap copper, brass, rope, rags, trash, waste, batteries,
paper, rubber, iron, steel, and other old or scrap ferrous or nonferrous
materials, but does not include scrap tires.
JUNKYARD
An establishment or place of business that is maintained
or operated for the purpose of storing, keeping, buying, or selling
junk.
LOT
A parcel of land, with or without buildings, recorded on
the Tax Map as one unit of land and having frontage on a road as defined
in this section. Lots in single ownership separated by a road shall
be considered separate lots.
LOT AREA
The gross area of a lot within all lot lines.
LOT LINE
The lines bounding a lot as hereinafter described:
(1)
FRONT LOT LINEThat boundary for a lot which is along an existing or dedicated public or private road. In the case of a corner or through lot, both boundaries along the road shall be considered front lot lines.
(2)
REAR LOT LINEThe lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, it is a line of at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front of lot line.
(a)
In a corner lot, the rear lot line shall be as established on
the recorded subdivision plat describing the property. In the event
that no rear lot line is denoted on the recorded subdivision plat,
the rear lot line shall be established by the Code Enforcement Officer
of the Town.
(b)
There shall be no rear lot line for through lots.
(3)
SIDE LOT LINEAny boundary of a lot which is not a front lot line nor a rear lot line.
LOT WIDTH
The mean horizontal distance between opposite side lot lines
of a lot.
LOT, CORNER
A lot at the junction of and abutting two or more intersecting
public or private roads or a lot bounded on and abutting upon two
parts of the same public or private road forming an interior angle
of less than 135°. A corner lot shall provide a front yard along
all property lines abutting a public or private road.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines.
LOT, FRONT OR FRONTAGE
That boundary for a lot which is along an existing or dedicated,
public or private road. In the case of a corner or through lot, both
boundaries along the road shall be considered front lot lines.
LOT, THROUGH
A lot, other than a corner lot, which fronts upon two parallel
public or private roads or which fronts upon two public or private
roads which do not intersect at the boundary of the lot and which
has no rear lot line.
MASSAGE PARLOR
An establishment that provides massage treatments (see also
"adult-oriented commercial enterprises").
MOBILE HOME
A dwelling unit, factory built and factory assembled, designed
for conveyance after fabrication on streets and highways on its own
wheels or on a flatbed or other trailers and arriving at the site
where it is to be occupied as a dwelling unit complete and ready for
occupancy, except for minor incidental unpacking and assembly operations,
such as locating on jacks or other foundation or connection to utilities.
A modular or manufactured home or structure shall not be included
in this definition.
MOTEL, HOTEL or MOTOR HOTEL
Any building, other than a dwelling, where lodging, with
or without meals, is provided for transient guests, and with parking
facilities for guests for compensation.
NONCONFORMING LAND USE
An activity conducted on a property that was lawful prior
to the effective date of the zoning chapter but fails to comply with
the present requirements.
NONCONFORMING LOT
A validly recorded lot which at the time it was recorded
fully complied with all applicable laws and ordinances but which does
not fully comply with the lot requirements of the area and dimension
requirements of the current zoning chapter.
NONCONFORMING SITUATION
Any property, land use or building which was lawful prior
to the effective date of the zoning chapter, but does not conform
to the regulations and standards for the zoning district in which
it is located.
NONCONFORMING STRUCTURE
Any structure or building which lawfully existed on the effective
date of the zoning chapter but which does not comply with one or more
of the development standards for the district in which it is located.
NONPROFIT ORGANIZATION
Any nonprofit organization engaging primarily in civic or
community services, including Lions, Kiwanis, Rotary, Optimists, Civitans
or any other organization of a similar nature.
OCCUPANCY CERTIFICATE
A written statement issued by the President and Commissioners
or their designated officer authorizing the occupancy of a property.
OPEN SPACE
Land and water areas retained in an essentially undeveloped
state. Open space may include, but not be limited to, buffers, lawns,
decorative planting, walkways, active and passive recreation areas,
children's playgrounds, fountains, swimming pools, wooded areas,
and watercourses. Open space shall not include driveways, parking
lots or other vehicular surfaces, any area occupied by a building,
nor areas so located or so small or so circumscribed by buildings,
driveways, parking lots, or drainage areas, as to have no substantial
value for the purpose stated in this definition.
OPEN-AIR MARKET SITE
Any location within the corporate limits of Princess Anne
on which an open-air market vendor is conducting business, but shall
not include yard or garage sales conducted by an individual on his
or her own property.
OPEN-AIR MARKET VENDOR
Any person, business or legal entity conducting a temporary
business for the purpose of selling goods, wares, commodities, foodstuffs,
merchandise or products on property located within the corporate limits
of Princess Anne, whether or not from a motor vehicle, and not located
within a permanent structure, but shall not include charities and
nonprofit organizations, including, but not limited to, Old Princess
Anne Days.
PARKING LOT
A lot or portion thereof used for the parking of motor vehicles,
but not including those lots used for the dismantling of or for the
storage of wrecked or junked motor vehicles or those lots used for
the sale of parts thereof.
PERMITTED USE
A use, building or structure listed as a permitted use in
these regulations for a particular district and authorized as a matter
of right when conducted in accordance with the requirements of the
chapter.
PET SHOP or PET STORE
The retail use of a structure or building, other than a kennel
or animal hospital, where household pets and normally associated goods
are sold within an enclosed structure.
PLANNING AND ZONING COMMISSION
The body appointed by the President of the Commissioners and confirmed by the Town Commissioners under the provisions of Chapter
27, Code of Public Laws for Princess Anne, Maryland, that
has and possesses the powers, duties, obligations and authority as
are now or may in the future be conferred upon it by the provisions
of the Land Use Article of the Annotated Code of Maryland, as amended
or as it may be amended, and/or the provisions of any and all other
statutes, laws, ordinances, regulations and resolutions of the federal,
state, county or other local government and/or any and all other administrative
departments, divisions, commissions or bodies thereof. Also referred
to as the "Commission" in the context of this chapter.
PRINCIPAL USE
The main or primary purpose for which a structure or lot
is designed, arranged or intended, or for which it may be used, occupied
or maintained under this chapter. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary to the principal use and permitted under this chapter
shall be considered an accessory use.
PROPERTY
A building, structure or parcel of land or the combination
of any of the above.
PUBLIC UTILITY
Businesses that provide the public with necessities, such
as water, electricity, natural gas, and telephone and telegraph communication.
RECREATION CENTER
An indoor/outdoor area or other facility used for social
or recreational purposes, generally open to the public, including
active play fields, swimming pools, tennis or basketball courts, play
apparatus, or picnic areas.
RECREATIONAL VEHICLE
A motor home, travel trailer, truck camper, or camping trailer
with or without motive power designed for human habitation for recreational
occupancy.
RELIGIOUS ASSEMBLY FACILITIES
Structures for the conduct of religious services involving
public assembly that customarily occur in churches, synagogues, temples,
mosques and other facilities used for religious worship.
RIDING STABLE
Any building used for the Boarding, breeding or care of horses
used for recreational purposes, other than horses used for farming
or agricultural purposes.
SIGN
See Article
XIV, Sign Regulations.
SITE PLAN
(See §
163-14) Drawings and/or plats which describes and locates required improvements of a development tract in accordance with the provisions of this chapter.
SPECIAL EXCEPTION
Specific uses enumerated in the zoning ordinance that would
not be appropriate generally or without restriction throughout the
zoning district but which, if controlled as to number, area, location
or relation to the neighborhood, would promote the public health,
safety, welfare, morals, order, comfort, convenience, appearance,
prosperity or general welfare. Such a use can only be permitted as
a special exception use in a district by authorization of the Board
of Appeals.
SPECIAL USE
Circus, carnival or similar transient enterprises when sponsored
by an organization qualified under § 247 of Article 27 of
the Annotated Code of Maryland and § 13-201, Criminal Law Article, of the Annotated
Code of Maryland.
STREET
A public or private thoroughfare, however designated, which
affords the principal means of access to abutting property. A public
street is maintained by the Town of Princess Anne, Somerset County,
or the State of Maryland. A private street is a right-of-way or easement
not owned or maintained by the Town of Princess Anne, Somerset County,
or the State of Maryland, serving two or more properties.
STRUCTURE
Any combination of materials, other than a fence or retaining
wall, constructed, erected or attached on land.
STUDENT
A person who is registered to be enrolled or who is enrolled
and matriculating at an accredited university or college as an undergraduate
or graduate.
STUDENT HOUSING
A building occupied primarily by unrelated individuals enrolled
in a program of study at an educational institution, college or university,
trade school, training facility or similar entity providing students
with sleeping quarters with or without communal kitchen facilities.
TOURIST HOME
A private home or condominium that is not occupied by an
owner or manager and is rented, leased, or furnished in its entirety
to transient guests on a daily or weekly basis. "Transient guest"
is defined as a guest for only a brief stay, such as the traveling
public.
TRAILER
Any vehicle or similar structure constructed in such a manner
as to be used for living quarters or for the conduct of any business,
trade or occupation or as a selling or advertising device and which
may be mounted on wheels and moved upon highways and streets, propelled
or drawn by its own or other motor power. The term "trailer" shall
include all automobile trailers, truck trailers, trailer coaches,
trailer homes, mobile homes and the bodies of junked buses, trucks
or other vehicles.
USE
An activity for which a parcel of land or a building is utilized.
VARIANCE
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of actions of the applicant
or property owner, literal enforcement of this chapter would result
in unnecessary and undue hardship. A variance is authorized only for
the height, frontage, area or size of structure, or size of yards
and open spaces. Establishment or expansion of a use otherwise prohibited
shall not be allowed by variance, nor shall a variance be granted
because of the presence of nonconformities in the zoning district
or uses in an adjoining zoning district.
WAYSIDE STAND
A temporary structure used for display or sale of agricultural
or other products grown or produced on the premises upon which such
stand is located.
YARD
An open area between a lot line and the line within which
no structures shall be located, except as provided in this chapter.
(1)
FRONT YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building line and the front lot line.
(2)
REAR YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building line and the rear lot line.
(3)
SIDE YARDAn open space, unoccupied and unobstructed, extending from the front lot line to the rear lot line between any part of any building line and the nearest side lot line.
ZONING CERTIFICATE
A written statement issued by the President and Commissioners
or their designated officer authorizing zoning sufficiency prior to
the construction or alteration of buildings or structures.
ZONING MAP
The Official Zoning Map of the Town of Princess Anne adopted
by the President and Commissioners, together with all amendments thereto.
ZONING ORDINANCE
The Official Zoning Ordinance of Princess Anne adopted by
the President and Commissioners, together with maps and all amendments
thereto, as enumerated in this chapter.