A.
In general, the singular number shall include the plural, and the
plural the singular; the word "building" shall include the word "structure";
the word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used";
and the word "shall" is mandatory and not directory.
B.
ACCESSORY USE OR STRUCTURE
ADULT DAY-CARE CENTER
AGRICULTURE
ALLEY
ASSISTED LIVING FACILITY
BASEMENT
BED-AND-BREAKFAST
BILLBOARD and SIGN
(1)
(2)
BOARD
BOARDINGHOUSE or LODGING HOUSE
BUILDING
BUILDING, HEIGHT OF
CELLAR
COMMUNITY RESIDENTIAL FACILITY (GROUP HOME)
COMMUNITY TREATMENT FACILITY (REHABILITATION HOUSE)
COMPREHENSIVE DEVELOPMENT PLAN
(1)
(2)
(3)
(4)
CONDITIONAL USE
CONDOMINIUM
CONSTRUCTION, STARTING OF
COURT
DAY-CARE CENTER
DISTRICT
DRY NIGHTCLUB
DWELLING
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
ESSENTIAL SERVICES
FAMILY
FAMILY DAY-CARE PROVIDER HOME
FARM
GARAGE, PRIVATE
GARAGE, PUBLIC
GOVERNMENT BUILDINGS
KENNEL, COMMERCIAL
LAND USE PLAN
LOT
LOT DEPTH
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT LINE, STREET OR ALLEY
LOT WIDTH
LOT, CORNER
LOT, THROUGH
MOTEL
NONCONFORMING USE
NURSERY SCHOOL
PARKING LOT, COMMERCIAL
PARKING SPACE
PLANNING AND ZONING COMMISSION
PUBLIC BUILDING
PUBLIC PURPOSE
ROLL-OFF TRASH CONTAINER
SECURE COMMUNITY TRANSITION FACILITY (HALFWAY HOUSE)
SEMI-PUBLIC BUILDING
SETBACK LINE
SEWAGE DISPOSAL PLANT
SHOPPING CENTER
(1)
(2)
SMALL WIND ENERGY SYSTEM
SOLAR ENERGY EQUIPMENT
STORY
(1)
(2)
STREET
STREET LINE
STREET, MAJOR
STRUCTURAL ALTERATION
STRUCTURE
SWIMMING POOL
TOWER
TOWNHOUSE
TRAILER
USE FIRST PERMITTED
YARD, FRONT
(1)
YARD, REAR
(1)
YARD, SIDE
(1)
ZONING CERTIFICATE
ZONING INSPECTOR
ZONING MAP
In the interpretation and construction of this chapter, certain words
and phrases shall be understood to have particular or limited meanings
as herein defined, except where the context otherwise requires:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building or land use, but specifically
excluding towers as an accessory use or structure.
A place where an individual or organization provides daytime
supervision for adults.
The use of land for agricultural purposes, including farming,
horticulture and floriculture only.
A public or private way affording secondary means of access
to abutting property.
A facility where adults reside under the supervision of other
adults who assist the residents with everyday necessities.
A story where the floor is more than 12 inches but not more
than 1/2 of its story height below the average level of the adjoining
ground (as distinguished from a cellar, which is a story more than
1/2 below such level).
A part of a dwelling where overnight lodging or sleeping
accommodations are provided, along with the breakfast meal only, to
transient guests.
BILLBOARDAny structure or portion thereof situated on private premises on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of such premises or the nature of the business conducted thereon or the principal products sold or manufactured thereon.
REAL ESTATE SIGNA billboard or signboard advertising for sale or rent the premises on which located.
The Board of Appeals (the Board) established hereunder.
A dwelling or part thereof where meals and/or lodgings are
provided for compensation for persons not transients.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons
or chattels. When such a structure in single ownership is divided
by one or more unpierced walls extending from the ground up, it shall
be considered one "building" for the purpose of applying the provisions
of this chapter.
The vertical distance from the average finished grade at
the building line to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the mean height level
between eaves and ridge for gable, hip and gambrel roofs.
A story having more than 1/2 of its height below average
finished grade. A "cellar" is counted as a story for the purpose of
height regulations only if used as a separate dwelling.
Any dwelling licensed, certified or authorized by state,
federal or local authorities as a residence for children or adults
with physical, developmental or mental disabilities, dependent children
or elderly individuals in need of supervision, support and/or independent
living training. Does not include: Secure Community Transition Facility,
Halfway House or Community Treatment Facility.
Any dwelling or building licensed, certified or authorized
by State, Federal or local authorities as a residence and treatment
facility for children or adults with mental disabilities, alcoholism
or drug abuse problems, needing a supervised living arrangement and
rehabilitation services on a short-term or long-term basis. Does not
include halfway houses, or secure community transition facilities.
A comprehensive set of plans, specifications and measures
for the private and/or public development of an industrial park, cluster
development, apartment project, shopping center or other planned development
permitted in this chapter. The development plan shall include:
A site plan showing the location of all streets, pedestrianways,
rail lines, utility systems, landscaped areas, parcel lines, building
areas, entrances and exits to be provided.
Any restrictions to be included in the sale or lease of land
for parking, building location, property maintenance, sign control
and any other protective measures.
A schedule for the development of streets, grading, utility
installation, rail facilities, docking facilities or other improvements
to be provided for the project area and occupants thereof.
A statement of intent to proceed and of the financial capability
of the developer and sponsor.
A use which may be permitted in a district through the granting
by the Board of Appeals of a special exception as defined in § 1.00,
Definitions, of Article 66B of the Annotated Code of Maryland, as
amended, upon a finding by the Board that it meets specified conditions.
[Amended 6-2-1997 by Ord.
No. 349]
Property subject to the condominium regime established under
the Maryland Condominium Act, Title 11 of the Real Property Article
of the Annotated Code of Maryland.
The combining of labor and material into any portion of the
structure on the site thereof.
An open, unoccupied and unobstructed space, other than a
yard, on the same lot with a building or group of buildings.
A single-family dwelling unit or other separate building
in which daytime adult supervision is provided for more than eight
children, not members of the caregiver's family, under the age of
16 and in which the caregiver may or may not reside.
A portion of the municipality within which certain uniform
regulations and requirements or various combinations thereof apply
under the provisions of this chapter. The term "R District" shall
mean any R-1, R-2 or R-3 District; the term "B District" shall mean
any B-1 or B-2 District; and the term "M District" shall mean the
M-1 District.
An establishment in which the primary use is as a gathering
place for people regardless of age limitations for purposes of entertainment,
dancing, social discourse and other social activities in the nature
of those generally associated with social clubs, nightclubs, dance
halls and after hours clubs as American Culture has defined by historical
experience but not including theaters, schools, bona fide service
clubs, or churches and establishments holding alcoholic beverage what
constitutes a Dry Nightclub.
Any building or portion thereof occupied or intended to be
occupied exclusively for residence purposes, but not including a tent,
cabin, trailer or mobile house or a room in a hotel or motel.
A detached building designed for or used exclusively for
residence purposes by more than two families or housekeeping units.
The term includes apartments, flats, row apartments and condominiums,
among others.
A detached building designed for or used exclusively for
residence purposes by one family or housekeeping unit.
A detached building designed for or used exclusively for
residence purposes by not more than two families or housekeeping units.
Facilities owned or maintained by public utility companies
or public agencies, located in public ways or in easements provided
for the purpose or on a customer's premises and not requiring a private
right-of-way, and reasonably necessary for the furnishing of adequate
water, sewer, gas, electric, communication or similar services to
adjacent customers, but not including any building or any yard, station
or facility requiring a site in excess of 400 square feet and not
including any cross-country pipeline or transmission line on towers
or the tower itself, or any line requiring a private right-of-way.
A person living alone or two or more persons living together
as a single housekeeping unit, but not including a group of persons
occupying a boardinghouse, lodging house, hotel, dormitory, institution,
group home, halfway house, rehabilitation house or similar use.
A single-family dwelling unit in which daytime adult supervision
is provided for up to eight children, including children of the occupant,
under six years old and other children who are not members of the
caregiver's family under the age of 16 and in which the caregiver
regularly resides.
A parcel of land not less than five acres in size used for
agricultural purposes as defined in "agriculture" (see above).
A garage intended for and used for the storage of the private
motor vehicles of the families resident upon the premises.
A space or structure, other than a private garage, for the
storage, sale, hire, care, repair or refinishing of self-propelled
vehicles or trailers.
Buildings owned or leased by a City, County or State government
organization or agency.
A commercial operation that (a) provides food and shelter
and care of domestic animals for purposes not primarily related to
medical care (a kennel may or may not be run by or associated with
a veterinarian), or (b) engages in the breeding of domestic animals
for sale, or (c) any place where more than two adult domestic animals
(over six months) are kept for a boarding or other fee, or (d) any
place where more than four adult domestic animals are kept for any
purpose.
The long-range plan for desirable use of land, as officially
adopted and as amended from time to time by the Planning and Zoning
Commission, the purpose of such plan being, among other purposes,
to serve as a guide in zoning and progressive changes in the zoning
of land to meet changing community needs, in the subdividing and use
of undeveloped land and in the acquisition of rights-of-way or sites
for such public facilities as streets, parks, schools and public buildings.
Any plot or parcel of land occupied or intended to be occupied
by a principal building or use, or a group of buildings, conforming
to the regulations of this chapter and its accessory buildings and
uses, including all open spaces required by this chapter, and having
frontage on a street as defined herein. In the case of a farm or estate
five or more acres in size, the "lot" shall be deemed to be that part
of the property on which the principal building and its accessory
buildings and uses are located, together with the yards and other
open spaces required by this chapter, and such "lot" need not front
directly on a public road if connected therewith by a private lane
or road which serves no other lot.
The mean horizontal distance between the front and rear lot
lines.
The line separating the lot from the street upon which it
fronts.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line.
Any lot line separating the lot from a street or alley.
The width of the lot measured at right angles to its center
line at the front setback line.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street and in either case forming an
interior angle of less than 135°.
A lot having frontages on two nonintersecting streets, as
distinguished from a corner lot.
Any establishment consisting of two or more guest rooms or
suites, with separate outside entrances and adjacent parking spaces,
designed and maintained for the accommodation of transients; or any
establishment for the accommodation of transients which proclaims
itself a "motel."
An existing building, structure or premises legally devoted
to or occupied by or for a use that does not conform to the provisions
of this chapter or amendments thereto for the district in which located.
A place where an educational organization provides formal
instruction, maintains a regular faculty and curriculum and has a
regularly enrolled body of students less than six years of age.
A surfaced area of one or more parking spaces designed or
used for the parking of vehicles and available to the public, whether
for a fee or as an accommodation to clients or customers.
A surfaced area either within a structure or in the open,
exclusive of driveways or access drives, for the parking of one vehicle.
The Pocomoke City Planning and Zoning Commission.
A building which is held, used or controlled for public purposes
by a department of the Federal government or a state government or
subdivision thereof.
For the use and benefit of the general public or to fulfill
a government responsibility.
A large metal container designed and used for the temporary
storage of refuse, rubbish, trash, garbage, junk, debris, offal, or
any material rejected as useless and fit only to be thrown away. Such
container is typically rented or leased to owners or occupants of
property for their temporary use and which is typically delivered
and removed by truck. This term shall not be interpreted to refer
to a "trash container" or "dumpster" that is stored in a more permanent
manner on the property in compliance with the provisions of this chapter.
This term shall not be interpreted to include recycling facilities.
A facility for the housing, rehabilitation, and training
of persons on probation, parole, or early release from correctional
institutions, or other persons found guilty of criminal offenses.
A residential facility for persons civilly committed and conditionally
released to a less restrictive alternative. A Secure Transition Facility
or Halfway House has supervision and security, and either provides
or ensures the provision of sex offender treatment services. The residents
of a Secure Community Transition Facility shall not include any person
who, during the term of residence at such facility, commits a violent
act or causes substantial physical damage to the property of others,
and any such person must be removed from such facility.
A building of which some part is used for public purposes
by the general public as a matter of right and not as an invitee of
the owner or tenant of the building, or is used to fulfill a government
purpose or responsibility.
The minimum building line along the front of a lot or along
the side of a corner lot adjoining the side street, as determined
by the yard requirements of this chapter or of any superior regulation.
A plant or lagoon for the treatment of sewage which serves
the municipality or any group of properties, as distinguished from
a private septic tank or package treatment plant which is accessory
to and located on the same premises with a principal use.
A group of commercial establishments built on a site that
is planned and developed as an operating unit related in location,
size and type of shops to the trade area that the unit serves. It
provides common on-site parking in definite relationship to the type
and total size of the use the parking is intended to serve.
NEIGHBORHOODA shopping center not exceeding 30,000 square feet in gross floor area.
COMMUNITY or REGIONALA shopping center exceeding 30,000 square feet in gross floor area.
A single-towered wind energy system that: is used to generate
electricity; has a rated nameplate capacity of 50 kilowatts or less;
and has a total height of 150 feet or less.
Items including panels, lines, pumps, batteries, mounting
brackets, framing and possibly foundations used for or intended to
be used for collection of solar energy in connection with a building
on residential or commercial property. Solar energy equipment and
its use is accessory to the principal use of the property.
That portion of a building, other than a cellar as defined
herein, included between the surface of any floor and the surface
of the floor next above it or, if there is no floor above it, the
space between the floor and the ceiling next above it.
STORY, GROUNDThe lowest story or ground story or first story of any building, the floor of which is not more than 3 1/2 feet below the average contact ground level at the exterior walls of the building, except that any basement used as a separate dwelling by other than a janitor or caretaker or his or her family shall be deemed a ground or first story.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used as a separate dwelling, other than for a janitor or caretaker and his or her family, shall be deemed a full story.
A public right-of-way 50 feet or more in width which provides
a means of public access to abutting property or any such public or
private right-of-way not less than 30 feet in width which existed
prior to the enactment of this chapter. The term "street" shall include
"road," "avenue," "drive," "lane," "circle," "square," "court," "highway,"
"beach," "way" or any similar term.
The right-of-way or property line.
A street or highway designated as a major street or expressway
on the Official Major Street Plan of Pocomoke City.
Any change in the structural members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed, the use of which requires a fixed location
on the ground or which is attached to something having such location,
but not including fences, sidewalks, driveways, curbs or essential
services defined in "essential services" (see above), and towers as
defined below.
An artificially created pool of water or tank used for swimming
or recreational purposes utilizing water, filtering equipment, etc.
A monopole, lattice or guy structure that is relatively high
for its length and width, either a separate structure or part of another
structure, its purpose being to provide a base or supporting structure
for some other use or purpose, but excluding public utility poles
of the normal type and height. Tower does not include any antenna
mounted or affixed to a building or structure not over 40 feet in
height and not projecting more than 10 feet above such structure used
for reception or transmission of electromagnetic communications signals
for non-commercial purposes.
A single-family dwelling forming one of a series of attached
single-family dwellings separated from one another by a party wall,
without doors, windows or other provisions for human passage or visibility
and sound transmission through such party wall, extending from the
cellar floor and/or foundation to the highest point on the roof along
the dividing lot line and separated from any other building or structure
by space on all other sides and which may be offered for sale or rental.
Any vehicle or structure constructed in such a manner as
to permit occupancy thereof as sleeping quarters or the conduct of
any business, trade or occupation or use as a selling or advertising
device and so designed that it is or may be mounted on wheels and
transported over highways and streets, propelled or drawn by its own
or other motive power.
A use which in the sequence of successively listed zoning
districts occurs as a permitted use for the first time in a specified
zoning district.
An open space extending the full width of the lot between any part of a building not hereinafter excepted and the front lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article XIV.
FRONT YARD, LEAST DEPTHThe shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in § 230-99, and the front lot line.
An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article XIV.
REAR YARD, LEAST DEPTHThe shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in § 230-99, and the rear lot line.
An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article XIV.
SIDE YARD, LEAST WIDTHThe shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in § 230-99, and the nearest side lot line.
Written statement issued by the Zoning Inspector authorizing
the use of buildings, structures or premises consistent with the terms
of this chapter and for the purpose of carrying out and enforcing
its provisions.
The Zoning Inspector (City Manager) or his or her authorized representative, appointed in accordance with the provisions of Article XV.
The Zoning Map of Pocomoke City, Maryland, dated December
15, 1986, together with all amendments thereto subsequently adopted.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Zoning Inspector and included as an attachment to this chapter.
