For this chapter, specific terms or words used herein shall
be interpreted as follows:
A.
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation, as well as an individual.
B.
The present tense includes the future tense; the singular number
includes the plural, and the plural number includes the singular.
C.
The word "shall" is mandatory; the word "may" is permissive.
D.
The words "used" or "occupied" include the words "intended, designated,
or arranged to be used or occupied."
E.
The abbreviation "e.g.," used to introduce examples, implies "included
but not limited to."
F.
The word "Town" means the Maryland municipal corporation whose proper
name is "The Commissioners of St. Michaels," or the geographic area
within the corporate boundaries of the said municipal corporation,
as determined by the context in which the word "Town" is used.
G.
Terms explicitly applicable to the Chesapeake Bay Critical Area requirements
of this chapter shall be interpreted and defined as provided in the
Critical Area Law and Critical Area Regulations.[1]
[1]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources
Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
In this chapter, the following terms are used according to stipulated
definitions. For most of these terms, the definition is stipulated
with the term in the list below. For some of these terms, the definition
is stipulated elsewhere in this chapter, at a location indicated in
the list below by a reference, after the term, in the form "For definition,
see § 340-* of this chapter."
A dwelling unit located above the first floor of the principal
structure on a lot or parcel of land, which dwelling is an accessory
use to commercial use, which is the principal use located on the first
floor of the same structure.
See § 340-45.
A structure that is detached from the principal structure,
located on the same lot unless otherwise provided by this chapter,
incidental and subordinate to and customarily associated with the
principal structure or use. Except for accessory dwelling units, an
accessory structure to a dwelling shall not contain or include facilities
for bathing or showering of humans, or the preparation or cooking
of food for human consumption (except for barbecue grills).
A lawfully permitted use located on the same site with, and
of a nature customarily incidental and subordinate to, the principal
use or structure.
[Added 11-29-2022 by Ord. No. 536]
Newly constructed area that increases the size of a structure.
Any business, operation, or activity a significant amount
of which consists of:
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 or lodge, or other establishment;
or
The sale, provision, rental, or promotion of adult entertainment or material, in any format, form, or medium, including, but not limited to, books, magazines, videos, DVDs, CDs, movies, photographs, and/or coin-operated or pay-per-view viewing devices, including, but not limited to, the operation of an adult book or video store or viewing booth. (Note: Adult-oriented businesses are regulated under Chapter 75, Adult-Oriented Businesses, of the Town Code wherein are located additional definitions relative to adult-oriented businesses.)
The growing and harvesting of plants, such as grain, fruits,
vegetables, flowers, shrubbery, and/or timber, including structures
associated therewith and uses accessory to it. It does not include
raising or keeping of animals or fowl for agricultural or commercial
purposes with the Town or storage of chemicals, animal waste, by-products,
or other matter producing a threat to the reasonable safe and peaceful
enjoyment of neighboring properties.
All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing, and maintaining of animals, such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
See § 340-47.
A dwelling unit forming one of a group or series of three
or more attached dwelling units, all of which dwelling units have
the same owners and are or are intended to be rented or leased by
the owner to tenants for residential purposes.
See § 340-45.
The average pre-development elevation of the lot measured
as the mean elevation along a line extending from the front to the
rear lot line. (See Figure 1.)
|
Figure 1 - Average Grade of Lot
 |
See § 340-48.
A berthing or landing place for a boat.
An area officially mapped by the Town and approved by the
Critical Area Commission as a buffer management area, where it has
been sufficiently demonstrated that the existing pattern of residential,
industrial, commercial, institutional, or recreational development
prevents the buffer from fulfilling its water quality and habitat
functions, and where development in accordance with specific buffer
management area provisions can be permitted in the buffer without
a variance.
Includes a major buffer management plan, a minor buffer management
plan, and a simplified buffer management plan.
An area, at least 25 feet wide, located between development
activity and the water (or edge of wetlands or streams), planted with
vegetation consisting of native species and other appropriate plantings.
This area shall be maintained primarily for the purposes of wildlife
habitat and water quality and shall not be maintained in a manner
that conflicts with these purposes, such as by mowing or the application
of herbicides except as necessary for the removal of nonnative invasive
species.
A strip of required yard space adjacent to the boundary of
a property, or district not less in width than is designated in this
chapter, which is landscaped for the full width and on which is placed
a screen of sufficient height to constitute an effective screen and
give maximum protection and immediate visual screening to an abutting
property, district or street.
Any structure with a roof and walls used or intended for
supporting or sheltering any use on the property.
The vertical distance in feet from the average grade of the
lot to the highest exterior point of the building. (See Figure 2.)
|
Figure 2 - Building Height
 |
An informal restaurant where light refreshments or meals
are served primarily for consumption on site. A café/coffee
shop provides indoor seating for customers and may provide table service.
The diameter of a tree measured at breast height.
A tree that, when mature, commonly reaches a height of at
least 35 feet.
A traveling outdoor amusement show with rides, games, and
prizes, which is permitted only with express permission by Town Commissioners.
The Code of Maryland Regulations, as may be amended from
time to time, including any successor provisions thereto.
That which relates to a for-profit business organization
engaging in the sale, rental, lease, or exchange of goods, products,
services, or properties of any kind.
Any vehicle, the principal use of which is the transportation
of commodities, merchandise, produce, freight, animals, or passengers
for hire. Any vehicle owned by, or used in conjunction with, a business
enterprise; has painted thereon or affixed to it a sign identifying
a business, industry, office, institution or a principal product or
service of such or is licensed as a "for hire" vehicle and is registered
as a Class E (truck) vehicle, a Class F (tractor) vehicle or a Class
G (trailer) vehicle.
Undeveloped land within a subdivision or land development,
not part of individual lots dedicated, reserved, or restricted in
perpetuity from further development and set aside for the use and
enjoyment by residents of the development. Common open space may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
A meeting place used by members of the community for social,
cultural, educational, or recreational purposes.
Except as may otherwise be provided, a conceptual rendering,
drawn to an approximate scale, that includes, at a minimum, the following
information:
The proposed title of the project and the name of the engineer,
architect, landscape planner or another designer who prepared it;
A preliminary description of the nature of the proposed uses;
North arrow, scale, date and approximate boundary of the property;
The total number of acres of the land on which the project is
to be located;
The preliminary layout of all lots and roads;
The preliminary location of all proposed open spaces;
The critical area boundary, if applicable; including, but not
limited to, the 100-foot shoreline development buffer;
The proposed number and types of units; and
Such other information as the Planning Commission or its staff
may reasonably require that accomplish the purposes of this process.
A structure containing a group or series of three or more
attached dwelling units that are subject to a condominium regime established
under the Maryland Annotated Code.
Talbot County, Maryland.
All lands and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland. They include:
All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide as indicated on the state wetland maps, and all
state and private wetlands designated under Title 16 of the Environment
Article of the Annotated Code of Maryland; and
All land and water areas within 1,000 feet beyond the landward
boundaries of state or private wetlands and the heads of tides designated
under Title 16 of the Environment Article of the Annotated Code of
Maryland.
Modification to these areas through inclusions or exclusions
proposed by local jurisdictions and approved by the Commission as
specified in § 8-1807 of the Natural Resources Article,
Annotated Code of Maryland.
The Critical Area Commission for the Chesapeake and Atlantic
Coastal Bays.
Title 8, Subtitle 18 of the Natural Resources Article of
the Annotated Code of Maryland, as amended from time to time.
All provisions of Chapter 110, Site Plan Review, Chapter 290, Subdivision of Land, and this Chapter 340 of the Town Code and any other regulations or ordinances passed by the Town Commissioners to implement the Critical Area Law or Critical Area Regulations.[1] These regulations and ordinances collectivity constitute
the St. Michaels Critical Area Program.
COMAR Title 27, as may be amended from time to time.
See § 340-48.
The number of dwelling units per acre within a defined and
measurable area.
Area used for the accessory display of merchandise or goods
available for purchase from the business located outside of a building.
The removal or displacement by any artificial means of soil,
sand, gravel, shells, or other material, whether or not of intrinsic
value, from any state wetlands or private wetlands.
A room or suite of rooms contained within the same structure,
used, designed, or intended to be used, or suitable for use as the
residence of one family. A structure in which there is a sleeping
room, a full bathroom, and food storage and preparation facilities
available to the same person or family shall constitute a dwelling
unit. A single-family dwelling unit shall be occupied by an immediate
family or an unrelated group of persons living together as a family.
Except for one dwelling unit for the owner or resident manager, no
dwelling unit shall be located in a hotel, bed-and-breakfast, lodge,
motel, or other accommodation for guests, travelers or transients.
No dwelling unit shall be located in a trailer. The occupancy of a
dwelling unit, or a portion thereof, by a person or persons for four
consecutive months or less in exchange for compensation shall constitute
a commercial activity not permitted in any residential zoning district
except as follows:
See § 340-45.
See § 340-45.
See § 340-45.
See § 340-45.
A comprehensive report that describes the natural features
and characteristics of a proposed development site, the changes that
will occur as the result of proposed development activities on the
site, the anticipated environmental impacts and consequences of the
proposed development, and mitigation measures to be taken to minimize
undesirable impacts to the environment.
A natural and gradual washing away of soil, sand, gravel,
minerals, organic matter, or other material from fast land that results
in the conversion of such fast land to submerged land.
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.
A family shall qualify as 1) an immediate family of one or more persons occupying the premises and living in a dwelling unit; or 2) an unrelated group of no more than five total persons or the total number of occupants permitted by minimum square foot floor area required as per Chapter 191, Housing Standards, of the Town Code, whichever is less, living together under a joint agreement signed by all persons living in a dwelling unit and sharing the dwelling unit.
Land which is utilized for such bona fide agricultural purposes
as crop production; livestock pasturage, care, handling etc.; forestry;
and directly related uses; and which may consist of a single parcel
or several adjacent or nearby parcels under one ownership. No poultry
or livestock, except pets, shall be housed or confined within 200
feet of the boundary of the property. Fox, mink, and hog farms shall
be prohibited.
An open-air market where primarily agricultural products
are offered for sale to the public.
Any structure, whether constructed of wood, masonry, or otherwise
forming a physical and/or a visual barrier, blockade, or enclosure.
A fence includes any structure constructed or appearing to be constructed
for any of the purposes above, whether in the form of a wall, stockade,
privacy fence, or a more traditional split rail, picket, or wire fence.
The artificial displacement of navigable water by the depositing
into state wetlands or private wetlands of soil, sand, gravel, shells,
or other materials; or the artificial alteration of navigable water
levels by any physical structure, drainage ditch, or otherwise. The
filling does not include in-place replacement or repair of shore erosion
control structures using substantially similar materials and construction
design, or planting of wetlands vegetation when no grading or fill
in state wetlands or private wetlands is necessary.
An administrative, quasi-judicial or judicial decision for
which all rights of appeal related to it, permitted by law, have expired
by the lapse of time or have been exhausted. No permit shall be issued
under this chapter by the Zoning Inspector or acted on by the applicant,
as the result of a decision by the Planning Commission, by the Board
of Zoning Appeals, or by the Town Commissioners, unless and until
such decision is a final decision.
A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to the Town Commissioners.
[Added 5-10-2023 by Ord. No. 539]
A retail or wholesale sales establishment, including but not
limited to a hotel, motel, convenience store, drive-in establishment,
retail store, wholesale store, restaurant, bar, pub, dance hall, nightclub,
cocktail lounge, or tavern, that:
Is in common ownership with 12 or more other establishments
of the same nature that are operating as a single brand; or
Is a franchised establishment of a business entity with 12 or
more other locations operating as a single brand, whether franchised
or directly owned by a parent entity; or
Regardless of ownership, is required by contractual or other
business arrangement to maintain in common with 12 or more other establishments
any two or more of the following substantially identical features:
Standardized menu or standardized array of merchandise with
50% or more of in-stock merchandise from a single distributor bearing
uniform markings;
Trademark or service mark, defined as a word, phrase, symbol
or design that identifies and distinguishes the source of the goods
from one party from those of others, on products or as part of store
design;
Standardized interior décor, including, but not limited
to, style of furniture, wall coverings, displays or permanent fixtures;
Standardized color scheme used throughout the interior or exterior
of the establishment;
Standardized uniform for any group of staff members, including,
but not limited to, aprons, pants, shorts, shirts, smocks or dresses,
hats and pins (other than name tags); or
Standardized building façade, floor area design or layout.
The boundary between a plot of land or a building and the
public road onto which the plot or building fronts. Frontage may also
refer to the full length of this boundary. The Planning Commission
may consider a private access drive as frontage where such drive provides
the primary access to and egress from those properties.
Any use operated by a governmental or nonprofit volunteer
entity and providing a public service, e.g., post office, fire station,
emergency ambulance service, rescue squad, police station, courthouse,
governmental office building, governmental storage facility, governmental
garage.
Describes the status accorded specific properties and development
activities that are of record prior to the date of adoption of this
chapter or provisions of this chapter. As used in this chapter, "grandfathered"
and "nonconforming" shall be synonymous.
A parcel of land or lot that was subdivided into recorded,
legally buildable lots where the subdivision received final approval
before December 1, 1985.
The total horizontal area in square feet of all floors within
the exterior walls of a building, including habitable or usable basement
or attic spaces, but excluding unroofed inner courts or unusable areas
below ground or in attics. For a use that has right of access to less
than the entire structure, the gross floor area shall be determined
by reference to the perimeter dimensions of the space or spaces to
which the use has right of access, not by reference to the interior
dimensions of rooms.
See § 340-45.
The number of acres of land in the critical area that the
Town may use, or the County may allocate to municipal jurisdictions
to use, to create new intensely developed areas and new limited development
areas. The growth allocation acreage is 5% of the total resource conservation
area acreage in the Town at the time the Critical Area Commission
approved the Town's original Critical Area Program, not including
tidal wetlands, plus additional acres included from the County's calculated
amount of resource conservation area that existed when the Critical
Area Commission approved the County's original Critical Area Program.
A room occupied for sleeping by a transient person in exchange
for compensation.
The highest elevation of tidal water in the course of the
usual, regular, periodical ebb and flow of the tide, excluding the
advance of waters above that line by winds and storms or by freshets
and floods.
A routine accessory and customary nonresidential use conducted
within or administered from a portion of a dwelling or its permitted
accessory building that 1) is conducted primarily by a permanent resident
of the dwelling; 2) meets the standards and limitations of a home
occupation; 3) only includes uses that are incidental and secondary
to the principal residential use; and 4) does not include any retail
or wholesale sales on the premises (other than over the phone, Internet,
and through the mail) nor any industrial use.
See § 340-48.
A father, mother, sibling, son, daughter, grandfather, grandmother,
grandson, or granddaughter. A person or persons related by blood,
marriage, domestic partnership, and or legal custody.
Nonporous ground covers or areas, such as sidewalks, roads,
parking areas, and rooftops that shed stormwater and hinder the penetration
of water into the ground.
The replacement of a structure with another structure that
is smaller than or identical to the original structure in footprint
area, width, length, and use.
An area of at least 20 acres or the entire upland portion
of the critical area within a municipal corporation, whichever is
less, where residential, commercial, institutional, or industrial
developed land uses predominate; and a relatively small amount of
natural habitat occurs. These areas include an area with a housing
density of at least four dwelling units per acre and/or an area with
public water and sewer systems with a housing density of more than
three dwelling units per acre.
A stream that only flows when it receives water from rainfall
runoff or springs, or some surface source such as melting snow.
See § 340-50.
A measure of the use of electrical power equal to 1,000 watts.
All land, regardless of whether located above or below the
mean high water line.
An area of outdoor permeable ground consisting of lawns,
shrubs, trees, or other vegetation and cover capable of absorbing
runoff. Landscaping shall consist primarily of trees and shrubs indigenous
to the area. Plants considered invasive (e.g., bamboo, purple star
thistle, kudzu, etc.) should be discouraged.
The common boundary between wetlands, as defined in this
section, and lands not included within the definitions of "wetlands"
appearing in this section.
All physical improvements to a property that existed before
Critical Area Commission approval of a local ordinance or were permitted
correctly in accordance with the provisions of the local ordinance
in effect at the time of construction.
See § 340-46.
An area with a housing density ranging from one dwelling
unit per five acres up to four dwelling units per acre; with a public
water or sewer system; that is not dominated by agricultural land,
wetland, forests, barren land, surface water, or open space; or that
is less than 20 acres and otherwise qualifies as an intensely developed
area under the definition in this chapter.
For zoning purposes, as covered by this chapter, a lot is
a parcel of land of at least enough size to meet minimum zoning requirements
for use, coverage, and area, and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an
improved public street and may consist of:
A single lot of record;
A portion of a lot of record;
A combination of complete lots of record, of complete lots of
record and portions of lots of record, or of portions of lots of record;
or
A parcel of land described by metes and bounds, provided that
in no case of division or combination shall any residual lot or parcel
be created which does not meet the requirements of this chapter.
The percentage of a total lot or parcel that is: occupied
by principal and accessory structures, parking area, driveway, walkway,
or roadway; swimming pools and decking or covered with pavers, walkway
gravel, stone, shell permeable pavement or other man-made material.
Lot coverage includes the ground area covered or occupied by a stairway
but does not include a fence or wall that is less than one foot in
width.
For purposes of the critical area standards outlined in Article IV, lot coverage is the percentage of a total lot or parcel that is: occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with a paver, walkway gravel, stone, shell, impermeable decking, a paver, permeable pavement, or any other man-made material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck, but does not include: a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.
The average horizontal distance between the front and rear
lot lines. Average lot depth is the measurement obtained by adding
the lengths of the two sides of a lot, which are at or near right
angles with the front property or street line and dividing the resulting
sum by two. For irregularly shaped lots, including flag lots and triangular
parcels, the average lot depth will be determined by the Zoning Inspector.
A lot which is part of a subdivision recorded in the office
of the Clerk of the Circuit Court, or a lot or parcel described by
metes and bounds, the description of which has been so recorded.
The diagram which follows illustrates terminology used in
this chapter concerning corner lots, interior lots, reversed frontage
lots and through lots:
 |
|
In the diagram:
| ||
|
A
|
=
|
Corner lot, defined as a lot located at the intersection of
two or more streets. A lot abutting on a curved street or streets
shall be considered a corner lot if straight lines drawn from the
foremost points of the side lot lines to the foremost points of the
lot meet at an interior angle of less than 135°. See lots marked
A(1) in the diagram.
|
|
B
|
=
|
Interior lot, defined as a lot other than a corner lot with
only one frontage on a street other than an alley.
|
|
C
|
=
|
Through lot, defined as a lot other than a corner lot with frontage
on more than one street other than an alley. Through lots with frontage
on two streets may be referred to as double frontage lots.
|
|
D
|
=
|
Reversed frontage lot defined as a lot to which the frontage
is at right angles or approximately right angles to the general pattern
in the area involved. A reversed frontage lot may also be a corner
lot or an interior lot. See A-D and B-D in the diagram.
|
Development of a scale that may cause statewide, regional,
or inter-jurisdictional, environmental, or economic effects in the
critical area, or which may cause substantial impacts to the critical
area of a local jurisdiction. This development includes, but is not
limited to, airports, power plants, wastewater treatment plants, highways,
regional utility transmission facilities, prisons, hospitals, public
housing projects, public beaches, and intensely developed parks and
recreation facilities.
Boats and boat trailers, personal watercraft and watercraft
trailers (e.g., a jet ski), pickup campers or coaches (designated
to be mounted on motor vehicles), motorized dwelling, tent trailers,
racing, and recreational cars and/or motorcycles not licensed for
use on public streets and highways, and similar devices or structures,
and cases or boxes used for transporting recreational equipment, whether
or not they contain such equipment and utility trailers.
A one-sided sign mounted on a mansard or false mansard roof.
For purposes of this chapter, a "mansard roof" is a double-sloped
roof whose lower section rises steeply. A "false mansard" consists
of a roofed surface attached high on the walls of a low-pitched or
flat-roofed building that attempts to give the illusion of an actual
structural mansard roof.
Any facility for the mooring, berthing, storing, or securing
of watercraft, but not including community piers and other noncommercial
boat docking and storage facilities.
Any method of treating, or attending to, the external parts
of the human body (other than the scalp) by touching, rubbing, stroking,
kneading, tapping or vibrating with the hand, arm, foot or another
body part, or by instrument or device, applied by a massage technician,
for compensation, or without compensation and in connection with or
related to any other service, sale, transaction, or exchange for compensation.
Any establishment, building, structure, premises, room, or
other location or site where a massage technician administers a massage
to another person. "Massage establishment" does not include a hospital,
nursing home, medical clinic or other establishment, building, structure,
premises, room, or other location or site where massages are administered
by any individual who is a medical practitioner, a massage therapist,
or a massage practitioner.
A registered massage practitioner as that term is defined
by § 3-5A-01[2] of the Health Occupations Article of the Annotated Code
of Maryland, or a person excepted from the requirement to be certified
or registered before practicing massage therapy or nontherapeutic
massage pursuant to an exception set forth in § 3-5A-05(A)(2)
of the Health Occupations Article of the Maryland Annotated Code who
is practicing massage under the limited circumstances allowed in § 3-5A-05(A)(2).
An individual who administers a massage to another individual.
"Massage technician" does not include:
A certified massage therapist as that term is defined by
§ 3-5A-01 of the Health Occupations Article of the Annotated
Code of Maryland.[3]
A physician, dentist, optometrist, chiropractor, podiatrist,
psychologist, physical therapist, nurse, or other similar health professional
licensed and/or certified by the state.
A measure of the use of electrical power equal to 1,000 kilowatts.
A use and facilities in which beer, wine, or other alcoholic
beverages are brewed, fermented, or distilled on, and/or off-site
within the state for distribution and consumption, and which have
been issued the appropriate license from the State. Micro-producers
include micro-breweries, limited wineries, and limited distilleries.
See § 340-45.
See § 340-48.
Any improved parking lot which is owned and operated by the
Town of St. Michaels.
See § 340-46.
A species that is indigenous to the physiographic area in
Maryland where the planting is proposed.
The regular activity of providing school instruction to children
under six years of age, including teaching the alphabet, reading,
writing, and counting as part of the daily routine. A nursery school,
prekindergarten, and preschool shall comply with all Maryland laws
regarding the regulation, licensure, and operation of those activities.
That which may reasonably be expected to cause displeasure
or annoying and/or unpleasant sensations.
Structures or actions that compensate for undesirable impacts.
Land and water areas retained in a substantially undeveloped
state.
Tidal waters of the state that do not contain tidal wetlands
and/or submerged aquatic vegetation.
Provision for outdoor displays or display space on a lease
or rental basis only.
Any area on a lot lying outside of the permanent exterior
walls of a structure whose interior is fully enclosed by those permanent
exterior walls and a roof. A porch or deck that is screened or fitted
with removable or retractable curtains of any material remains an
outdoor area.
The keeping of any equipment, inventory, goods, material,
or merchandise including raw, semifinished, and finished materials
for any period, and as an accessory to the primary use of the establishment.
Storage related to residential use, required vehicular parking areas,
nurseries, and the display of automobiles or other vehicles shall
not be considered such.
An application relating to a proposed structure, subdivision, development, or use of land, accepted for filing by the Town for an administrative or quasi-judicial decision according to this chapter: 1) for which application there is no final decision; and/or 2) for which proposed structure, subdivision, development or use of land there is no final decision relating to each approval required by the Town's land use laws (including this Chapter 340 of the Town Code and/or the Critical Area Program).
A stream that normally always has water in its channel.
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles,
or other similar structure. "Pier" does not include any structure
on pilings or stilts that was initially constructed beyond the landward
boundaries of state or private wetlands.
The St. Michaels Planning Commission.
A community of plants commonly identifiable by the composition
of its vegetation and its physiographic characteristics.
A recorded lot or, in the case of a multi-occupant lot such
as a shopping center, office park, or industrial park, the total area
of the development under common ownership or control. "Premises" also
means two or more contiguous lots under common ownership, leasehold,
or other assignment of interest in real property which are used as
a unified parcel.
The legal residence of an individual for purposes of income
tax calculation and filing.
For the purpose of establishing setbacks, the primary or
predominant structure on any lot or parcel. For residential parcels
or lots, the principal structure is the primary dwelling.
A person holding title to a property or two or more persons
holding title to a property under any form of joint ownership.
Town, County, or federally owned or leased open spaces and
playgrounds.
Community collection center for accumulation, without processing,
of common recyclable goods, such as paper, cardboard, glass, metal,
and/or plastic. No such recycling center shall accept boats, automobiles,
tires, appliances, construction materials, or rubble (e.g., debris
from land clearing or demolition).
See § 340-46.
The natural person who is designated in writing by the owner
of a bed-and-breakfast to be responsible for the operation of the
bed-and-breakfast. Such written authorization shall be filed with
the Town Zoning Inspector. A person may not qualify as a resident
B&B manager for this chapter unless he/she has the authority to
accept, reject, oversee the conduct, and expel guests to maintain
order at the bed-and-breakfast. There shall be no more than one person
designated as the resident B&B manager by the owner of the property.
An area that is characterized by nature-dominated environments,
such as wetlands, surface water, forests, and open space; and resource-based
activities, such as agriculture, forestry, fisheries, or aquaculture.
Resource conservation areas include areas with a housing density of
less than one dwelling per five acres.
See § 340-48.
Use of property for the display and sales of products and
services, primarily outside of a building or structure, including,
but not limited to, manufactured homes, burial monuments, swimming
pools, and portable storage sheds, including related repair activities
and sale of parts. Material sold is usually stored outdoors, and typically
a building is on-site in which sales may be consummated or products
displayed.
Those areas of land dedicated, or to be dedicated, for public
streets, roads alleys, and other public ways.
A public thoroughfare under the jurisdiction of the state,
a county, a municipal corporation, or any other public body but does
not include a drive aisle or driveway.
A single partitioned part or space of the inside of a building
that is not further subdivided or partitioned into smaller spaces
or rooms.
See § 340-46.
The mean high water line of a body of water where it meets
land.
All or part of a residential dwelling unit or portion of
a nonresidential building that is used and/or advertised for rent
to transient occupancy by guests. Short-term rental includes causing
or permitting, in exchange for compensation, the occupancy of any
dwelling or place of public accommodation for less than four consecutive
months.
For sign definitions, see § 340-158 of this chapter.
A room that has or is designed or intended to have a facility
for sleeping, including a bed, pullout couch, or other piece of furniture
designed for sleeping.
See § 340-47.
A solar energy system that provides power and/or financial
benefit to, and/or is owned by, multiple residents of a community.
The primary purpose of a community solar energy system is to allow
such residents the opportunity to share the benefits of solar energy
even if they cannot or prefer not to install a solar energy system
on their property.
A ground-mounted solar energy system whose principal purpose
is to provide electrical power for sale to the general power grid.
A solar energy system designed to serve any agricultural,
residential, commercial, institutional, or industrial use on a single
parcel or lot and not intended for production of energy primarily
for off site sale or consumption.
A system of solar collectors, panels, controls, energy storage devices, heat pumps, heat exchangers, and/or other materials, hardware, or equipment to collect solar radiation and convert it to a usable energy form. Solar energy systems include thermal and photovoltaic systems. See § 340-62.
A group of photovoltaic cells assembled on a panel. Panels
are assembled on site into solar arrays.
A use 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 uses
may be permitted in such a zoning district as special exceptions if
specific provision for such special exceptions is made in this chapter.
A compilation of policy statements, goals, standards, maps
and pertinent data relative to past, present and future trends in
the Town, including, but not limited to, its population, housing,
economics, social patterns, land uses, water resources and their use,
transportation facilities and public facilities prepared by the Planning
Commission and adopted by the Town Commissioners.
The State of Maryland.
That portion of a building or structure included between
the surface of any floor and the floor next above it or, if there
be no floor next above it, then the ceiling next above it, except
that portion of a building or structure which is a half-story.
That portion of a building or structure which has its lower
floor surface below grade; is above the uppermost floor of a multi-floor
building, which space is in whole or partly located above the eaves
of a building having a pitched roof, and because of the pitched roof,
the floor area in square feet less than 75% of that of the floor area
immediately below; or is above the uppermost floor of a multi-floor
building, which uppermost floor is not covered by a ceiling or roof.
No structure or building shall contain more than one type of half-story.
The right-of-way line of a street.
Anything that is built or constructed, the use of which is
intended to have a permanent location on the ground or is attached
to or abuts something having a permanent location on the ground. The
term "structure" shall be construed as if followed by the words "or
part thereof."
Any building constructed or erected with a fixed location
on the ground, including porches and decks.
Any piece of work that is readily movable and used or intended
to be used for a limited period as provided in this chapter.
Any light pole, utility pole, building wall, rooftop, or
other structure upon which a small wireless facility is attached.
A portable structure covered or enclosed with canvas, plastic,
or similar materials, and supported by poles, stakes, beams, hoops,
ropes or cables, whether or not fully enclosed, including, but not
limited to, a membrane structure, sail, or canopy.
[Added 11-29-2022 by Ord. No. 536]
The Maryland municipality known as St. Michaels, having the
corporate name "The Town of St. Michaels."
The Code of the Town of St. Michaels.
The elected governing body of the Town of St. Michaels, known
collectively as "The Commissioners of St. Michaels."
All public property owned or leased by the Town.
Any vehicle or portable structure designed for temporary
occupancy; or which contains holding tanks for waste disposal or can
operate independently of sewer, water, and electrical systems; including
travel trailers, pickup campers, bus campers, tent campers, tents
or other temporary vehicles which require installation to utility
systems.
A person who, in exchange for compensation, occupies or obtains
the right to occupy or use a sleeping room, guest room, or dwelling
unit for a period not more than four consecutive months.
Anything that is built, installed, or established to provide
a means of transport from one place to another.
The layer of forest vegetation typically located underneath
the forest canopy.
A tree that, when mature, reaches a height between 12 and
35 feet.
That without a variance, an applicant would be denied reasonable
and significant use of the entire parcel or lot for which the variance
is requested.
The landward edge of a tidal wetland or nontidal wetland.
A vehicle designed to be pulled by a motor vehicle that is
used to carry property, trash, or special equipment, and that is 16
feet or less in length. Utility trailers that are longer than 16 feet
in length are considered commercial vehicles and are regulated as
such.
Fixed structures that convey or distribute resources, wastes,
or both, including, but not limited to, electrical lines, water conduits,
and sewer lines.
A historic dwelling meeting the requirements of § 340-72 of this chapter for which a current and valid vacation cottage license has been issued by the Town.
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 the actions of the
applicant, a literal enforcement of the chapter would result in an
unnecessary and undue hardship. As used in this chapter, a "variance"
is authorized only for height, area, and 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 adjoining districts.
Those areas of land delineated as tidal wetland or nontidal
wetland according to the standards used by the U.S. Army Corps of
Engineers.
An electrical generating facility consisting of a wind turbine,
generator, and other accessory structures and buildings, electrical
infrastructure, and other appurtenant structures and facilities.
A required open space unoccupied and unobstructed by any
structure or portion of a structure; provided, however, that fences
and walls may be permitted in any yard subject to height limitations
as indicated herein.
Open, unoccupied space on the same lot with a building, situated
between the nearest foundation portion of the principal building and
the lot line adjacent to a street, and extending from side lot line
to side lot line in the case of interior lots. In the case of a corner,
lots two front yards situated between the nearest foundation portion
of the principal building and the front lot line along each street.
A yard extending across the rear of the lot between inner side
yard lines. In the case of through lot and reversed frontage corner
lots, there will be no rear yard. In the case of corner lots with
normal frontage, the rear yard shall extend from the inner side yard
line of the side yard adjacent to the interior lot to the rear line
of the half-depth front yard.
Depth of required rear yards shall be measured at right angles
to a straight line adjoining the rearmost points of the side lot lines.
The forward rear yard line of a required rear yard shall be parallel
to the straight line so established.
The following diagram indicates the location of yards on rectangular
lots:
|
Diagram — Rectangular Lots
 |
The following diagram shows the location of yards on nonrectangular
lots:
|
Diagram — Nonrectangular Lots
 |
A yard extending from the rear line of the required front yard
to the rear lot line. In the case of through lots, side yards shall
extend from the rear lines of the front yards required. In the case
of corner lots with normal frontage, there will be only one side yard,
adjacent to the interior lot. In the case of corner lots with reversed
frontage, the yards remaining after the full- and half-depth front
yards have been established shall be considered to be side yards.
Width of required side yards shall be measured at right angles
to a straight line joining the ends of the front and rear lot lines
on the same side of the lot. The inner side yard line of a required
side yard shall be parallel to the straight line so established.
Written permission, on a form utilized by the Town, issued
by the Zoning Inspector, as a condition precedent to the commencement
of a use or erection, construction, reconstruction, restoration, alteration
conversion, or installation of a structure or building which acknowledges
that such use, structure or building complies with the provisions
of this zoning chapter or authorized variance therefrom.
[1]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources
Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
[2]
Editor's Note: Annotated Code of Maryland, Health Occupations
Article, §§ 3-5A-01 and 3-5A-05(A)(2), were repealed
by Acts 2016, c. 739, § 2, eff. 10-1-2016.
[3]
Editor's Note: Annotated Code of Maryland, Health Occupations
Article, § 3-5A-01, was repealed by Acts 2016, c. 739, § 2,
eff. 10-1-2016.
