Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this Part 9 shall have the meaning indicated when used in this chapter.
A.
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.
B.
The word "shall" is mandatory and not discretionary.
C.
The word "may" is permissive.
D.
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 phrases "arranged for" and "occupied for."
E.
All measured distances shall be to the nearest integral foot. If a fraction has a value of 1/2 foot or greater, the integral foot next above shall be taken.
As used in this chapter, the following terms shall have the meanings indicated:
A separate complete housekeeping unit that is substantially contained within the structure of a single-family unit or a commercial structure, but can be isolated from it.
A subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as, the main building or principal use of the land.
One which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) on the same lot as, the principal use of the premises. When "accessory" is used in the text, it shall have the same meaning as "accessory use."
A parcel of land, regardless of area, described by metes and bounds, which is not a numbered lot on any recorded subdivision.
Any business, industry, trade, occupation, vocation, profession, or other use conducted or carried on either within a building or covered area or outdoors on any tract or parcel of land. For zoning purposes, an activity shall be considered separately from any building or structure in which such activity may be conducted.
A narrow public thoroughfare which provides only a secondary means of access to abutting properties and is not intended for general traffic circulation.
Any change in the total floor area, use, adaptability or external appearance of an existing structure.
[Amended 5-22-2023 by Ord. No. 2023-003]
Any repeal, modification or addition to a regulation; any new regulation; any change in the number, shape, boundary or area of a zone; or any repeal or abolition of any map, part thereof or addition thereto.
Equipment designed to transmit or receive electronic signals.
A part of a building containing cooking facilities and separate bathroom facilities consisting of a room or group of rooms intended, designed, and used as a residence by an individual or a single family.
Same as "dwelling, multifamily."
[Amended 5-22-2023 by Ord. No. 2023-003]
All the area within a development plan or plat including area intended for residential use, local access streets or alleys, off-street parking spaces, recreation areas, or floodplains.
A highway, road, or street designated as an arterial or minor arterial in the Town's adopted Comprehensive Plan.
Any building, structure or area of land used for the retail sale of automobile fuels, oils, power, and accessories and where repair service, if any, is incidental.
That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.
A private home which is occupied by the owner of the facility in which bedrooms are rented to tourists or travelers and in which breakfast is provided and included in the room rate.
A structure on which is portrayed information which directs attention to a business, commodity, service or entertainment not necessarily related to the other uses permitted on the premises upon which the structure is located, not including painted walls.
A tract of land bounded by streets, or by a combination of streets, alleys, public parks, cemeteries, shorelines or boundary lines of the Town.
The Board of Appeals of the Town of Chesapeake City which is authorized with certain powers by this chapter, including to grant special exceptions and variances and to hear appeals from administrative decisions.
A person who is given lodging with or without food by someone in exchange for a fee.
An owner-occupied, single-family dwelling where, for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more boarders but containing no more than four guest rooms or rental units.
Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
The vertical distance measured from the average elevation of the finished grades along the front of the building to the highest point of the roof. For the purposes of determining building height, at no point must the finished grade be higher than the predevelopment grade, and building height shall be measured in this way irrespective of compliance with Chapter 144, Floodplain Management, of the Town Code.
[Amended 7-13-2020 by Ord. No. 2020-004]
A line beyond which the foundation wall and/or any porch, vestibule, or other portion of a building shall not project, unless otherwise provided for in this chapter.
A permit issued by the Zoning Administrator or other officially authorized representative of the Town of Chesapeake City.
See "accessory building."
[Amended 5-22-2023 by Ord. No. 2023-003]
A building surrounded by open space on the same lot.
The total number of square feet area in a building, excluding cellars, uncovered steps, and uncovered porches, but including the total floor area of accessory buildings on the same lot.
Any building which is not an accessory building.
The primary building on a lot or a building that houses a principal use.
A roof-like structure of a permanent nature which may be freestanding or projected from a wall of a building or its supports.
Whenever this chapter requires that some agency certify the existence of some fact or circumstance to the Town, the Town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. This may include a certified letter or, if the Town agrees, facsimile, electronic mail, or other similar manner that will produce a hard copy of said certification.
That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
Pertaining to governmental and/or community related activities and uses including institutional uses and activities.
An office building or a group of offices for one or more physicians, surgeons, or dentists engaged in treatment of the sick or injured but not including rooms for overnight patients.
Buildings and facilities owned or operated by a corporation, association, person, or persons for social, educational or recreational purpose, but not primarily for profit which accrues to any individual and not primarily to render a service which is customarily carried on a business.
A highway, road, or street designated as a major collector or minor collector in the Town's adopted Comprehensive Plan.
A type of activity where goods or services are sold or traded with the expectation of profit or gain.
The Planning Commission of the Town of Chesapeake City.
Any open space, private road or other land, structure or improvement which is designed or reserved for the common use or benefit of the owners of two or more lots. "Common area" does not include any public road or other land, structure or improvement owned by the Town or the State of Maryland or any other governmental agency.
A document consisting of written and mapped information, adopted by the Mayor and Town Council, and intended to guide the physical development of Chesapeake City, including all changes and additions to the plan.
A form of ownership consisting of an undivided interest in common with other owners in a portion of a parcel of real property, together with separate interest in space in a building, such as a townhouse, apartment or office, established pursuant to Maryland law. A condominium may include, in addition, a separate interest in other portions of such real property.
A nonpossessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.
Includes the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
Mayor and Town Council of Chesapeake City, Maryland.
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
A written undertaking by an owner which is required by this chapter or imposed by the Planning Commission in accordance with authorization contained in this chapter.
A person who owns legal or equitable title to any land which is affected in any manner by a covenant and includes a person who holds any mortgage, deed of trust or other lien or encumbrance on any such land.
The percentage of the lot covered by buildings and structures.
All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:
All waters and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State Wetlands Maps, and all state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland.
[Amended 5-22-2023 by Ord. No. 2023-003]
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, Annotated Code of Maryland.
[Amended 5-22-2023 by Ord. No. 2023-003]
Modifications to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
A child boarding home, day camp, summer camp, foster home, or other place for the reception, board, or care for compensation of children under 14 years of age. This definition shall not include public or private schools organized, operated, or approved under Maryland laws, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services, activities, or meetings.
A facility operated in a residence by the owner of the residence limited to seven people, excluding residents, where care is given to children under the age of 18, or persons with physical handicaps, or persons in need of oversight because of advanced age, or developmental disabilities or other disability, and which routinely involves care and housing for less than 18 hours per day per person.
[Amended 5-22-2023 by Ord. No. 2023-003]
The transfer of property from private to public ownership as may be required to provide for the public health, safety, or welfare.
A private legal restriction and/or covenant on the use of land, contained within a deed of property or otherwise formally recorded in the Land Records of Cecil County, Maryland. These restrictions or covenants are designed to control the use of specific property and enforcement of these is through private civil action. Deed restrictions are not enforced by the Town of Chesapeake City, unless it is Chesapeake City, Maryland that records said deed restrictions.
The number of principal dwelling units allowed per acre of gross area of a development.
A person who is responsible for any undertaking that requires a zoning permit, conditional use permit, sign permit, site plan, or subdivision approval.
Includes the term "develop." Any construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land or action that results in construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land.
Any section of the Town of Chesapeake City within which the zoning regulations are uniform.
A place of business being operated for the retail sale of food and other goods, services, or entertainment. It is designed to allow its patrons to be served or accommodated while remaining in their automobiles or allows the consumption of any food or beverage obtained from a carryout window in automobiles or elsewhere on the premises.
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
A two-family residential use in which the dwelling units share a common wall (including without limitation the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.
Any building or portion thereof designed or used for residential purposes, except trailers or mobile homes.
A room or group of rooms occupied or intended to be occupied as separate living quarters by a single family or other group of persons living together as a household or by a person living alone.
A dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
A structure arranged or designed to be occupied by three or more families on a single parcel or on contiguous parcels under the same ownership.
A building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families living independently of each other.
A parabolic dish antenna or other device or equipment of whatever nature or kind, including its structural supports, the primary use of which is to receive television, radio, microwave, or other electronic signals from space satellites.
Any utility facility needed to provide basic services such as water, sewer, telephone, and cable television to the individual users.
[Amended 5-22-2023 by Ord. No. 2023-003]
Any number of individuals residing together on the premises as a single housekeeping unit.
[Amended 5-22-2023 by Ord. No. 2023-003]
A retail market selling predominantly locally produced fruits, vegetables, crafts, and meats.
The distance measured from the existing grade to the top of the fence at its highest point.
Any structure regardless of composition, except a living fence, that is erected or maintained for the purpose of marking a boundary, enclosing an area, providing screening or privacy, restricting access or egress, or dividing a piece of land into distinct portions.
Commercial business and industrial buildings or buildings containing mixed uses: the sum of the gross horizontal area of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including:
Residential buildings: the sum of the gross horizontal areas of the several floors of a dwelling measured from the exterior faces of the exterior walls.
Except for a service establishment (such as a professional office, insurance agent, bank, drive-in bank, financial institution, barbershop, beauty shop, dry cleaning/laundry, laundromat, plumbing, mechanical contractor, repair and painting, animal services and automotive service shop), a class of retail or wholesale sales establishment including, but not limited to, a convenience store, drive-in establishment, retail store, wholesale store, restaurant (standard, fast-food, fast-food cafeteria, fast-food carryout, drive-in or drive-thru), bar, pub, dance hall, nightclub, cocktail lounge, or tavern that along with 50 or more other establishments regardless of location in the United States is required by contractual or other business arrangements to maintain any two or more of the following substantially identical features:
[Added 9-9-2013 by Ord. No. 08.12.2013]
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 decor 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, including but not limited to aprons, pants, shorts, shirts, smocks or dresses, hat and pins (other than name tags); or
Standardized building facade, floor area design or layout.
STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
A garage used for storage purposes only and having a capacity of not more than four vehicles.
A building, or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.
A building, or portion thereof, designed or used exclusively for storage of motor-driven vehicles and where motor-driven vehicles are not equipped, hired, or sold.
An area publicly or privately owned on which the game of golf is played, containing at least nine holes, together with such necessary and usual accessory uses as a clubhouse, caretakers' dwellings, dining and refreshment facilities, and other such uses, provided that the operation of such facilities is incidental and subordinate to the operation of a golf course.
The term describes the status accorded certain properties and development activities that are of record prior to the date of adoption of this chapter or provisions of this chapter.
A residential structure that is licensed as a residential care facility or child foster care facility under Maryland law to provide room, board, and supervised and/or medical care for no more than five residents.
A residential structure limited to five persons that is authorized to be a facility where persons are aided in readjusting to society following a period of imprisonment, hospitalization, or institutionalized treatment.
Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling and which is carried on wholly within a main building by a member of a family residing on the premises. When within the above requirements, a home occupation includes, but is not limited to, the following: art studio; dressmaking; professional office of a physician, dentist, lawyer, engineer, architect, accountant, salesperson, real estate agent, insurance agent, or other similar occupation; or teaching, with musical instruction limited to one or two pupils at a time; however, a home occupation shall not be interpreted to include tourist homes, animal hospitals, child or day-care centers, tearooms, or restaurants.
A building in which lodging or boarding and lodging are provided for more than 20 persons, primarily transient, and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, as opposed to a boardinghouse, which is herein separately defined. A hotel may include restaurants, taverns, clubrooms, banquet halls, ballrooms, and convention facilities.
Direct artificial lighting or indirect artificial lighting designed to reflect light from light sources erected for the purposes of providing light to a sign, surface, or other structure.
Any surface installed on a lot that is resistant to the penetration of water.
An institutional facility licensed by Maryland law providing accommodations for more than seven persons needing medical care at a level lower than provided at nursing care institutions.
A stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent USGS 7.5 Minute Quadrangle published by the United States, the Cecil County Soil Survey, or field located. Intermittent streams shall be identified in the field and accurately drawn on all development plans.
Any establishment for the commercial breeding, boarding, grooming, sale or training of dogs and/or cats for which a fee is charged and more than six dogs or cats are kept on the premises.
A space within the main building or on the same lot providing for the standing, loading or unloading of trucks.
An area of land separated from other areas of land by separate description in a recorded deed of plat.
The boundary line of a lot.
A parcel of land which has been legally recorded in the land records of Cecil County.
The distance between the side lot lines measured at the required front yard line.
The total horizontal area within the lot lines of the lot.
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 point of the lot meet at an interior angle of less than 135°.
The mean horizontal distance between the front and rear lot lines.
A lot other than a corner lot.
A lot in which the frontage is at right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.
An interior lot having frontage on two streets.
Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.
A roof-like structure of a permanent nature which projects from the wall of a building or its supports and may overhang the public way.
Same as "hotel," except that the building or buildings are designed primarily to serve tourists traveling by automobile and that ingress and egress to rooms need not be through a lobby or offices.
Components and processes present in or produced by nature, including but not limited to soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
Plant communities that develop in the absence of human activities.
A commercial establishment maintained for general patronage where food and drink are served or dispensed and where either of the following is allowed:
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation, and is determined according to the Corps of Engineers Wetland Delineation Manual, 1987, as amended.
An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision, at a lower level than that available in a hospital, in addition to room and board.[1]
The permit signed by the Zoning Administrator and issued by the Cecil County Permits and Inspections Division which permits the use of a building in accordance with approved plans and specifications and which certifies compliance with the provisions of the law for the use and occupancy of the building as specified in the Cecil County Building Code and this chapter.
[Amended 5-22-2023 by Ord. No. 2023-003]
Space provided for vehicular parking not on a street or roadway.
An office for the use of:
Professional people such as doctors, lawyers, accountants, etc.; or
General business offices such as insurance companies, trade associations, manufacturing companies, investment concerns, banks and trust companies, real estate companies, etc., but not including any kind of retail or wholesale store or warehouse, except as otherwise provided herein.
That area within the boundaries of a lot that is intended to provide light and air and is designed for either scenic or recreational purposes. Open space shall, in general, be available for entry and use by the residents or occupants of the development, but may include a limited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. Open space may include, but not be limited to, buffers and bufferyards, 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.
The following items are ordinary maintenance and shall be treated as such by every enforcing agency except in the Historic District. No permits for, inspections of, or notice to the enforcing agency of ordinary maintenance shall be required. This is not an all-inclusive listing of ordinary maintenance. Ordinary maintenance includes:
[Amended 1-27-2020 by Ord. No. 2020-001; 5-22-2023 by Ord. No. 2023-003]
Exterior painting.
The replacement of glass in any window or door. However, the replacement glass shall be of a type and quality that complies with the minimum requirements of the Cecil County Building Code.
The installation and replacement of any window or door of like kind, including garage doors, in the same opening without altering the dimensions or framing of the original opening. This shall include storm windows and storm doors. The installation and replacement of means of egress and emergency escape windows and doors may be made in the same opening without altering the dimensions or framing of the original opening, and shall not reduce the required height, width or net clear opening of the previous window or door assembly.
The repair or replacement of existing roofing material with like materials.
[Amended 8-14-2023 by Ord. No. 2023-002]
The repair or replacement of existing siding with like material.
[Amended 8-14-2023 by Ord. No. 2023-002]
The repair or replacement of any part of a porch stoop which does not structurally support a roof above.
The replacement or installation of screens.
Replacement of exterior rain water gutters and leaders.
A separate accessory building or structure not physically connected to the principal building.
The extension of the main walls of a building above the roof.
A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
A structure or an off-street area for parking or loading and unloading, whether required or permitted by this chapter, including driveways, accessways, aisles, and maneuvering areas, but not including any public or private street right-of-way.
The floor area of a structure as defined herein less storage and warehouse areas used principally for nonpublic purposes of said structure. Any basement or cellar space used for retailing shall be included in the parking floor area for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
An all-weather surfaced area not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords satisfactory ingress and egress for automobiles. At a minimum each parking space shall comprise 180 square feet.
A stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent USGS 7.5 Minute Quadrangle published by the United States, the Cecil County Soil Survey, or field located. Perennial streams shall be identified in the field and accurately drawn on all development plans.
An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.
An open, unoccupied space, other than a street or alley, permanently established or dedicated as the principal means of access to property abutting thereon.
[Amended 5-22-2023 by Ord. No. 2023-003]
Parcel of land which may include one or more platted lots occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, and the yard areas and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
A lot, together with all buildings and structures thereon.
The lines bounding a lot as defined herein.
An establishment used primarily for the serving of liquor by the drink to the general public, and where food is regularly served as part of the fare.
Uses or structures for the public purpose of power transmission and distribution (but not power generation); natural gas transmission and distribution (but not manufacture or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities; radio and television facilities (not including broadcasting studios); and rail or road rights-of-way (not including stations or terminals).
Water or sewerage system owned and operated by a municipality or county or an authority or owned and operated by the governing body and permitted by the State of Maryland, and subject to special regulations.
Any sidewalk, trail, street, alley, highway, or other public thoroughfare.
A place designated and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.
The process of developing land that is or has been developed.
The whole body of regulations, text, charts, tables, diagrams, maps, standards, notations, references, and symbols contained or referred to in this chapter.
A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a "building" includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch), e.g., townhouses and apartments.
A residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25% of the gross floor area of the building nor more than a total of 750 square feet.
A building or group of buildings containing guest rooms on a site, a large portion of which is devoted to recreational activities such as tennis, horseback riding, swimming, or golf. A resort may furnish services customarily furnished by a hotel, including restaurants, taverns, and convention facilities.
RESTAURANT, STANDARDA food serving establishment whose principal business is the sale of food and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth or counter inside the establishment. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of its patrons, shall not be considered a "restaurant."
RESTAURANT, FAST-FOODAn establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises.
RESTAURANT, DRIVE-IN OR DRIVE-THRUAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-thru window or while parked.
Stores selling one kind or various kinds of goods, as distinct from services, such as, but not limited to, drugstores, grocery stores, department stores, camera shops, bookstores, and record shops.
A strip of land designated for the use of a road, highway, driveway, alley or walkway, or for any drainage or public utility purpose or other similar uses.
A device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite, typically up to 12 feet in diameter, in the shape of a shallow dish or parabola.
For the purpose of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 linear inches of benches, pews, or space for loose chairs.
The minimum required distance between the point where any structure or use on a lot meets the ground surface and any lot line or boundary of a Town or state road right-of-way.
A portable, nonpermanent structure, installed without footers, used for the storage of items such as gardening equipment or home repair tools and supplies.
A triangular space provided across all property corners created by either the intersections of two streets or the intersection of a driveway and a street. It is determined by drawing a diagonal line across the corner the lot measured from two points drawn 25 feet back from the street or driveway intersection with the street.
A structure or device, in whole or part, which uses symbolic representations to direct attention to, identify or advertise any activity, person, group of people or thing.
The distance from the top of the sign to the unfinished grade of the ground at the base of the sign. For freestanding (monument) signs, the height includes the base of the sign.
[Amended 5-22-2023 by Ord. No. 2023-003]
A sign that produces light within itself and includes signs that consist of, in whole or in part, exposed glass tubing containing either neon, argon, or other material, regardless of whether the exposed glass material is located inside the window of the use or outside the use to which it refers.
A sign that is easily and conveniently transported or capable of being carried or moved about.
[Amended 5-22-2023 by Ord. No. 2023-003]
Any sign which has for its purpose the advertising, announcement or display of information pertaining to an event, condition or situation that is intended to be limited in scope, duration, or time, including, but not limited to, commercial sales events, concerts, plays, on-premises real estate advertisement, on-premises advertisement of contractor lawfully engaged at site, and other commercial or cultural events.
[Amended 5-22-2023 by Ord. No. 2023-003]
A drawing or plat which describes and locates required improvements of a development tract.
Circuses, fairs, carnivals, festivals, or other types of special events that:
Permission by the Board of Appeals to establish a specific use that would not be appropriate generally or without restriction throughout a zoning district but which if controlled as to number, area, location, or relation to the neighborhood would comply with the purpose and intent of this chapter.
Any land under the navigable waters of the state below the mean high tide, affected by the regular rise and fall of the tide. Tidal wetlands of this category which have been transferred by the state by a valid lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights are considered "private tidal wetlands" to the extent of the interest transferred.
Any slope with a grade of 15% or more.
The keeping, either indoors (including inside a cargo trailer) or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. "Storage" does not include the overnight parking in residential zones of a single vehicle weighing no more than 2.5 tons gross vehicle weight which, although used primarily for business, trade, or professional purposes, also provides daily transportation to and from work.
For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land, and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminated pollutants that might otherwise be carried by surface runoff.
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between such floor and the ceiling next above it.
A space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate, shall be counted as a half story when not more than 60% of said floor area is used for rooms, baths, or toilets. A half story containing an independent apartment or living quarters shall be counted as a full story.
A public thoroughfare which affords the principal means of access to property abutting thereon.
A dividing line between a lot, tract, or parcel of land and a contiguous street.
Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Anything, other than a fence or retaining wall six feet or less in height, constructed or erected, which requires location on the ground or attached to something having a location on the ground, including but not limited to signs, mobile homes, and prefabricated homes. Prefabricated homes include factory preassembly of standardized building parts, or the shipment of component building sections for permanent installation on a site. Prefabricated homes do not include mobile homes in which mobility, or the ready means of reactivating mobility, remains an integral feature of the trailer.
The division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future).
Any subdivision other than a minor subdivision.
A subdivision that does not involve any of the following:
An establishment used primarily for the serving of liquor by the drink to the general public, and where food or packaged liquors may be served or sold only as an accessory to the primary use. Also called a "bar" or "lounge."
A device or equipment used for the receiving of television or radio programming which is a subordinate use or structure customarily incidental to and located upon the same lot as the main structure, in either a side or rear yard.
A structure located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster, or located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed, or located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site. These residences shall be removed from the site within one month of resolution of the situation which prompted their need.
All state and private wetlands, marshes, submerged aquatic vegetation, lands, and open water affected by the daily and periodic rise and fall of the tide within the Chesapeake Bay and its tributaries, the coastal bays adjacent to Maryland's coastal barrier islands, and the Atlantic Ocean to a distance of three miles offshore of the low water mark.
The existing configuration of the earth's surface including the relative relief, elevations, and position of land features.
A private, owner-occupied home in which bedrooms are rented to tourists or travelers.
Any structure whose principal function is to support an antenna.
A single-family dwelling forming one of a series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one such dwelling unit to another.
A lot (see definition). The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one tract is subdivided into several lots.
A large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
The purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.
A use which may be lawfully established in a particular district or districts provided it conforms to all regulations, requirements, and standards of such district.
A use listed in the table of permissible uses.[2]
Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.
All utility facilities other than neighborhood facilities.
Fixed structures that convey or distribute resources, wastes, or both, including, but not limited to, electric lines, water conduits, and sewer lines.
A modification only of bulk or area requirements in this chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property, and not the result of any action taken by the applicant, a literal enforcement of this chapter would result in unnecessary hardship.
A structure used for the storage and/or the sale of products at wholesale, and where the sale of a product at retail is incidental.
An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided for in this chapter.
A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the terraces, or uncovered porches.
A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.
A yard between the main building and the side line of the lot and extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and side of the main building or any projections thereof.
The zoning administrative officer or an authorized representative designated by the Town Council to carry out duties as specified in this chapter. In the absence of an appointed Zoning Administrator, these duties are assumed to be the responsibility of the Town Manager.
An area within which certain uses of land and structures are permitted and certain others are prohibited, yards and other open spaces are required, and minimum lot areas and dimensions and other requirements are established.
A written statement issued by the Planning Commission or Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this chapter, and for the purpose of carrying out and enforcing its provisions.
[Amended 5-22-2023 by Ord. No. 2023-003]