Town of Princess Anne, MD Basic Definitions and Interpretations

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meanings indicated when used in this chapter.

To amplify and clarify all provisions of this chapter, the following rules shall apply:

(1)

Words used in the present tense shall include the future tense; words used in the singular number shall include the plural number, and the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise.

(2)

The word "shall" is mandatory and not discretionary.

(3)

The word "may" is permissive.

(4)

The word "lot" shall include the words "piece," "parcel" and "plots"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrase "arranged for" and "occupied for."

(5)

Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

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 NIGHTCLUB, BAR, RESTAURANT, OR SIMILAR ESTABLISHMENT

An entertainment establishment which features go-go dancers, topless service personnel, exotic dancers, strippers, male or female impersonators, or similar entertainers.

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, ANIMAL PRODUCTION

The (principal or accessory) use of land for the keeping or raising of farm animals.

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, INTERIOR

Any lot other than a corner lot.

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.

MODULAR OR MANUFACTURED HOME

A structure intended for residential use and manufactured off-site in accordance with the Building Code.

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.

PERMANENT BUILDING OR STRUCTURE

A building or structure which is erected on a concrete or otherwise permanently constructed foundation.

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,[1] 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[2] 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.

STREET YARD or STREET SETBACK

The area behind the street right-of-way, and in front of any building on private property.

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.

[1]

Editor's Note: See Ch. 27, Planning and Zoning Commission.

[2]

Editor's Note: See now CR §§ 13-407, 13-1705, 13-2005, 13-2202.

[1]

Editor's Note: A revised Zoning Map was adopted 8-3-2015 by Ord. No. 2016-02. The current Map and any amendments thereto are on file in the Town offices.