Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
ABUT
Having property lines in common, e.g., two lots are abutting
if they share a common property line and touch.
ACCESSORY APARTMENT
Not more than one apartment unit as an accessory use within
an owner-occupied single-family residence or an accessory building
on the same lot, on a minimum lot of 20,000 square feet, provided
that:
(1)
The apartment shall be no larger than 50% of
the square footage of the residence.
(2)
All parking for the apartment is appropriately
located as specified by the Board of Appeals.
(3)
No accessory apartment may be constructed on
any property which has exercised the option of renting of guest rooms
under the provisions of this chapter.
ACTIVE RECREATION
Recreation uses, areas and activities oriented toward potential
competition and involving special sporting equipment. Playgrounds,
sports fields and courts, swimming pools and golf courses are examples
of active recreation uses.
ADJACENT
Having property lines near each other, either touching or
directly across a road or right-of-way from one another.
ADMINISTRATOR, ZONING
The administrative officer or his or her agent responsible
for the administration and enforcement of this chapter.
AGRICULTURE or AGRICULTURAL
The raising of agricultural products including livestock,
poultry, dairy products, farm crops, fruit, vegetables, timber, cultivated
plants and nursery stock whether for gain or otherwise. Agriculture
shall include the farming or culturing of aquatic plants or animals,
or both, in natural or artificial water bodies or impoundments. Agriculture
includes horticultural chemical, or general farming, truck gardens,
cultivation of field crops, and, in general, all uses commonly classified
as agricultural, and the related buildings, structures and appurtenances
necessary to carry out the aforementioned activities
AGRICULTURAL PRODUCTS
Cultivated or raised plant, animal, or marine life that has
been harvested. This does not include processed products.
AIRFIELD
Any unpaved area of land utilized for the landing or taking
off of aircraft and which does not have fuel or commercial repair
and maintenance services.
AIRPORT
Any area of land operated for general aviation purposes designated
and set aside for the landing and taking off of aircraft. An airport
may include runways, terminal buildings, hangars and related facilities
located on the airport premises.
AIRPORT APPROACH ZONE
The area so designated on an officially approved airport
plan for the use of aircraft approaching an airport runway for landing
purposes. Those heights established in the Salisbury-Ocean City: Wicomico
Regional Airport Master Plan in conformance with Federal Aviation
Regulations, Part 77, Objects Affecting Navigable Airspace, and the
Annotated Code of Maryland, Title 11, Department of Transportation,
Subtitle 03, Maryland Aviation Administration, Chapter 05, Obstruction
to Air Navigation, and as illustrated by profile drawings contained
in the above-referenced Airport Master Plan.
AIRPORT HAZARD
Any structure or tree or use of land which obstructs or otherwise
presents a danger to the airspace required for the flight of aircraft
in landing or taking off at the airport or is otherwise hazardous
to such landing or taking off of aircraft.
AIRPORT TURNING ZONE
A circular area, with a radius established in accordance
with federal aviation regulations from the airport reference point,
utilized for aircraft circling above an airport.
AMUSEMENT PARK
A commercially operated park with various devices for entertainment,
including but not limited to rides and/or games.
APARTMENT
A part of a building, containing cooking and housekeeping
facilities, consisting of a room or suite of rooms intended, designed,
and used as a dwelling by one or more individuals.
APARTMENT BUILDING
A single residential structure designed and constructed to
contain three or more separate dwelling units, regardless of the internal
arrangement of such units or the ownership thereof.
ARCHITECT
A professional architect licensed with the State of Maryland.
AUCTION HOUSE
Establishment for the public sale of property to the highest
bidder.
AWNING
A structure partially attached or entirely supported by a
wall, and which canvas, cloth, plastic, or other material cover is
used as a protective cover for a door, entrance, window, walkway,
or service area.
BED-AND-BREAKFAST
A building other than a hotel, motel, or restaurant where
lodging is offered to the traveling public for temporary occupancy
not exceeding 30 days at any one visit and where the breakfast meal
is provided as a part of the room rental charge. All such operations
shall have a resident family living on the premises and shall be approved
for such use by the Wicomico County Health Department and Fire Marshal.
BORROW PIT
Any place or premises where dirt, sand, gravel or other material
is removed below the grade of surrounding land or is removed from
the site for any purpose other than that necessary and incidental
to site grading or building construction, excluding farm ponds.
BOULEVARD
A major road with a planted median in the center of two travel
lanes, with parkways on both outside edges.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of existing
natural vegetation or created by the use of trees, shrubs, berms,
and/or fences, and designed to limit views and sounds from the development
tract to adjacent properties and vice versa.
BUILDING
A structure having one or more stories and a roof, designed
primarily for the shelter, support or enclosure of persons, animals
or property of any kind. The word "building" shall be construed as
if followed by the words "or part or parts thereof and all items therein."
(1)
ACCESSORY BUILDINGA building detached from and subordinate to a main building on the same lot, or an adjacent lot under the same ownership, and used for purposes customarily incidental to the use of the main building or to any agricultural use.
BUILDING LINE
The border, established by statute, local law or ordinance,
beyond which the exterior surface of a building on any side shall
not extend, except that steps or ramps for normal egress may project
beyond the building line. Steps shall not include decks, porches or
similar structures.
BUILDING PERMIT
Authorization by the county for the recipient to construct
a specific structure or structures.
BULK REGULATIONS
Controls that establish the maximum size, height, volume,
area, setbacks, and shape of buildings and structures on a lot and
the physical relationship of the building's exterior walls or their
location to lot lines, other buildings and structures, or other walls
of the same building; and all open spaces required in connection with
a building, other structure, or tract of land.
BURIAL SITE
A natural or prepared physical location, whether originally
located below, on, or above the surface of the ground, into which
human remains or associated funerary objects are deposited as a part
of a death ceremony of a culture, religion, or group.
CALIPER
The diameter of landscape plantings measured six inches above
the ground.
CAMPGROUNDS
Any area or tract of land on which accommodations for temporary
and not year-round occupancy is located or may be placed, including
cabins, tents, recreational vehicles and campers which are primarily
used for recreational purposes.
CANNABIS
The plant Cannabis sativa L. and any part of the plant, including
all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol
concentration greater than 0.3% on a dry weight basis. Cannabis includes
cannabis products. Cannabis does not include hemp or hemp products,
as defined in § 14-101 of the Agriculture Article of the
Annotated Code of Maryland.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS ADMINISTRATION
The Maryland Cannabis Administration established under Title
36 of the Alcoholic Beverages and Cannabis Article of the Annotated
Code of Maryland.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS BUSINESS
A business licensed or registered by the Cannabis Administration
to operate in the cannabis industry. This includes, but is not limited
to, a grower, processor, or dispensary, to include an on-site consumption
establishment, licensed under Title 36 of the Alcoholic Beverages
and Cannabis Article of the Annotated Code of Maryland.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS DELIVERY SERVICE
A cannabis licensee authorized to deliver cannabis in accordance
with a cannabis micro license to operate a cannabis dispensary.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS DISPENSARY
An entity licensed under Title 36 of the Alcoholic Beverages
and Cannabis Article of the Annotated Code of Maryland that acquires,
possesses, repackages, transfers, repackages, transports, sells, distributes,
or dispenses cannabis or cannabis products, including tinctures, aerosols,
oils, and ointments, related supplies, and educational materials for
use by qualifying patients, caregivers, or consumers through a storefront
or through a delivery service, based on license type.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS GROWER
An entity licensed under Title 36 of the Alcoholic Beverages
and Cannabis Article of the Annotated Code of Maryland that cultivates,
or packages, cannabis and is authorized by the Cannabis Administration
to provide cannabis to other cannabis licensees and registered independent
testing laboratories.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS MICRO LICENSE
A micro license issued in accordance with § 36-401(c)(2)
of the Alcoholic Beverages and Cannabis Article of the Annotated Code
of Maryland.
[Added 11-21-2023 by
Bill No. 2023-16]
CANNABIS ON-SITE CONSUMPTION ESTABLISHMENT
An entity licensed under § 36-401(c)(4) of the
Alcoholic Beverages and Cannabis Article of the Annotated Code of
Maryland to distribute cannabis or cannabis products for on-site consumption
other than consumption by smoking indoors.
[Added 11-21-2023 by Bill No. 2023-16]
CANNABIS PROCESSOR
A licensed entity that:
[Added 11-21-2023 by Bill No. 2023-16]
(1)
Transforms cannabis into another product or an extract and packages
and labels the cannabis product; and
(2)
Is authorized by the Administration to provide cannabis to licensed
dispensaries and registered independent testing laboratories.
CAR WASH
A building, premises or portions thereof where automobiles
and other vehicles are washed either by the patron or others and done
either by hand or using machinery and mechanical devices specifically
designed for this purpose.
CEMETERY
A parcel of land used for burials or graves, burial plots,
mausoleums, vaults, or columbariums, subject to any necessary approval
of the Wicomico County Health Department.
CLUSTER DEVELOPMENT
A planned residential tract, subdivision or area where individual
lots and/or buildings are arranged in clusters or groups, where access
is gained entirely by internal streets, with open areas between such
lots or building groups, which areas are either publicly or privately
owned and maintained in a park-like appearance.
COMMERCIAL
A type of activity where goods or services are sold or traded
with the expectation of profit or gain.
COMMERCIAL VEHICLE
A vehicle used for the transportation of persons or goods
primarily for gain.
COMMON AREA
That area set aside for private open space, including stormwater
retention lakes, ponds, or recreation areas for the owners of lots
in a subdivision, which land is conveyed in trust for the benefit,
use and enjoyment of the lot owners.
COMMUNITY IMPACT STATEMENT
Includes the following:
(1)
A market analysis related to the type of uses
proposed, e.g., office, retail, lodging, housing, and industrial uses.
This study shall include an estimate of the existing supply and reasonable
forecasts of future demand for the kind of uses proposed. It shall
be used to determine the extent of existing facilities of a type similar
to that proposed and shall be used to estimate when development may
be needed in the community.
(2)
An impact study related to the quantity and
type of public facilities and services needed for the proposed development.
This study should include an estimate of the adequacy of the public
facilities needed to serve the proposed development, an estimate of
the tax revenues accruing to the community from the proposed development,
and an estimate of the cost of public improvements and services required
to serve the development. Estimates should include the cost of those
improvements needed immediately to serve the development and those
that may be needed in the future. The impact study related to services
and improvements should include, where applicable, but not be limited
to, public services and improvements such as schools, transportation
facilities and services, utilities, including sewerage, water mains
and storm drains, police and fire protection, refuse collections and
disposal, recreation facilities, etc. Where additional public facilities
are needed to adequately serve the development, the Wicomico County
Capital Improvements Program should be researched for planned future
improvements. Methods should be proposed for creating needed public
facilities not otherwise provided for.
(3)
An environmental assessment. (See definition
below.)
(4)
A traffic impact study that conforms to the
Maryland State Highway Administration's Traffic Impact Study methodology.
COMMUNITY SEWER AND/OR WATER SYSTEM
Any public, semipublic or private system designed to provide
sewer and/or water service to more than one lot and which is approved
by the Wicomico County Health Department and/or the Maryland Department
of the Environment.
COMPOSTING FACILITY
Any place, land area, building or structure where mechanical,
chemical or natural processing or degrading of organic material or
matter, not originating on the site, takes place. This definition
shall not include the direct on-farmland application of treated sludge
as approved by the State of Maryland.
COMPREHENSIVE PLAN
The Wicomico County Comprehensive Plan adopted by the Wicomico
County Council which sets forth the official planning and land use
policies of Wicomico County.
CONDOMINIUM
A building or group of buildings in which residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
basis.
CONFERENCE CENTER
A structure or group of structures designed, used or intended
to be used by more than 50 individuals primarily for the purpose of
gathering or meeting. Excluded from the definition are schools, hospitals,
public institutions, houses of worship, and fire assembly halls.
CONSERVATION EASEMENT
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.
CONSTRUCTION
The erection of a new building, or structure upon a site.
CONTIGUOUS
A land mass, lot, or parcel of property that is cohesive
and without interruption by nonintegrated or fragmented property lines.
Contiguous parcels may consist of two or more lots or parcels of land
which abut each other.
CONTRACTOR'S YARD
The use of any space, whether inside or outside a building,
for the storage or keeping of construction equipment, supplies, machinery
or vehicles, or parts thereof, which are for use by a construction
or landscape contractor.
CONVENIENCE/MINI-MARKET
A commercial retail sales which combines the sale of beverages,
dairy and baked goods, snack foods, staple grocery items and which
may also be accompanied by the sale of motor vehicle fuel and accessory
substances for automobiles.
COUNTRY INN
A building containing not more than 15 individual rooms or
suites of rooms for the purpose of providing overnight lodging facilities
not to exceed 30 consecutive days to the general public for compensation
which also offers dining facilities for guests.
CREMATORIUM
An establishment containing a furnace for the purpose of
reducing the dead to ashes.
CRITICAL AREA, CHESAPEAKE BAY
All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland, and Chapter
125 of the Code of Wicomico County, as amended.
DAY CARE
(1)
ELDERLYA home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given for a part of a twenty-four-hour day to not more than 15 elderly or disabled persons, located outside of the home of the elderly or disabled person and where compensation is paid for the care. "Elderly" are considered those people who are 62 years of age or over.
(2)
FAMILYA home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given, for a part of a twenty-four-hour day, to not more than eight children, located outside of the home of the legal guardian and where compensation is paid for the care.
(3)
CENTERAn agency, institution or establishment licensed/registered by the appropriate state agency, that for part of a twenty-four-hour day, on a regular basis, offers or provides child care to nine or more children who do not have the same parentage.
DEMOLITION
The razing or destruction, whether wholly or in part, of
a building, structure, site or object. Demolition includes the removal
of a building, structure or object from its site, the removal or destruction
of the facade or surface, or the alteration to such an extent that
repair is not feasible, or is so costly so as to be prohibitive, rendering
the property unfit for use.
DENSITY
The number of dwelling units that may be constructed per
acre or per square foot of a zoned lot area.
DEPARTMENT
The Wicomico County Department of Planning, Zoning and Community
Development.
DISABLED
(1)
A person(s) determined to have physical or mental
impairments which:
(a)
Are expected to be of long continued and indefinite
duration;
(b)
Substantially impede the individual's major
life activities;
(c)
Have been medically demonstrated through acceptable
techniques; and
(d)
Are of such a nature that the ability to live
independently could be improved by more suitable housing conditions.
(2)
Such term does not include current, illegal
use of or addiction to a controlled substance but does include individuals
who are currently participating in a supervised drug rehabilitation
program, coupled with nonuse.
(3)
Reasonable accommodations for the handicapped
shall be offered when housing is:
(c)
Will afford an equal opportunity to the use
and enjoyment of housing.
DOMESTIC ANIMAL
An animal that is tame or domesticated and that is not normally
found in the wild state. Hybrids of animals normally found in the
wild state are not included within the meaning of domestic animals.
DRIVEWAY
A travel lane that connects a building with the street and
may or may not be used as all or a portion of the parking area.
DWELLING
A building, or portion thereof, designed or used exclusively
for residential occupancy, including single-family dwellings, two-family
dwellings, and multifamily dwellings (not including hotels and motels).
(1)
DWELLING, ATTACHEDA dwelling which is joined to another dwelling at one or more sides by a party wall or walls.
(2)
DWELLING, DETACHEDA building containing one dwelling unit on one lot and physically separated from any other dwelling.
(3)
DWELLING, MULTIFAMILYA building containing three or more dwelling units with shared or individual entrances and/or other essential facilities and services. This term shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy.
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
ENDANGERED SPECIES
Any species of fish, wildlife, or plants that have been designated
as such by regulation by the Secretary of the Department of Natural
Resources. Designation occurs when the continued existence of these
species as viable components of the state's resources is determined
to be in jeopardy. This includes any species determined to be "endangered"
species pursuant to the federal Endangered Species Act, 16 U.S.C.
§ 1531 et seq., as amended.
ENGINEER
A professional engineer licensed in the State of Maryland.
ENVIRONMENTAL ASSESSMENT
A coherent statement describing how the proposed development
activity will impact the existing natural features of the site. At
a minimum the environmental assessment shall include:
(1)
A description of the natural, cultural, historic
and archeological features and characteristics of a proposed development
site;
(2)
A discussion of the proposed development project and the changes that will occur to the features and characteristics listed in Subsection
(1) above as the result of proposed development activities on the site;
(3)
An assessment of the anticipated environmental
impacts and consequences of the proposed development; and
(4)
A discussion of any proposed mitigation measures
to be taken to minimize undesirable impacts to the environment.
FAMILY
Means either (a) one person, or two unrelated persons and the children of either of them, or (b) two or more persons related by blood or marriage, or (c) a group of not more than four persons not necessarily related by blood or marriage. In any case the group must be living together as a single housekeeping unit. In all cases, foster children placed by an agency licensed to operate in Maryland housed on the premises are considered as members of the family. (Note: See also §
225-46, Neighborhood Preservation Overlay District.)
FARM
A parcel of land of five acres or more on which bona fide
agricultural and related uses are conducted as specified in the definition
of "agriculture."
FARMERS' MARKETS
A facility for the growers and producers of agricultural
products to display and sell their produce directly to the consumers.
FARM LABOR ACCOMMODATIONS, SEASONAL
Separate living quarters to be used for temporary, seasonal
accommodation of workers employed by the owner or operator of a farm,
provided such seasonal employees perform their duties on such farm
or farms owned or rented by the farm owner or operator, and in which
lodging with or without meals is supplied or intended to be supplied
to such employees.
FARM POND
Any excavation of land for the purpose of creating a body
of water for agricultural purposes, provided the excavated area does
not exceed one acre or the excavated material is not removed from
the site.
FARM-RELATED BUSINESS
Activities and services carried on for financial gain and
directed at meeting the needs of those engaged in area farming and
providing materials and services needed for farming. Examples include
but are not limited to facilities for the manufacturing, processing,
warehousing, sales, distribution, storage, repair and service of agricultural
products, equipment, vehicles or supplies; blacksmith shop and harness
making; butcher shop; grain mills; processing of locally produced
agricultural products; veterinary offices; and feed supply, seed and
fertilizer distribution.
FEEDLOT
Any tract of land or structure, pen, or corral, wherein cattle,
swine, sheep or goats are maintained in close quarters for the purpose
of fattening such livestock for final shipment to market.
FENCE
Constructed barrier erected to enclose, screen, or separate
lots, parcels or any part thereof.
FISHERIES
The industry or occupation devoted to the catching, processing
or selling of fish, shellfish, or other aquatic animals; a fishing
business; a hatchery for fish.
FLOOR AREA
The total number of square feet area in a building, excluding
uninhabitable areas primarily for storage, uncovered porches, but
including the total floor area of accessory buildings on the same
lot.
(2)
GROSS FLOOR AREA (GFA)The aggregate area of all floors, including the area of the outside walls, and measured to the exterior of such walls.
FOREST
(1)
In the Critical Area a "forest" is defined as
a biological community dominated by trees and other woody plants.
This also includes forests that have been cut but not cleared.
(2)
Elsewhere a "forest" is defined as a biological
community dominated by trees and other woody plants covering a land
area of 10,000 square feet or greater.
(3)
Forest does not include orchards but does include:
(a)
Areas that have at least 100 trees per acre
with at least 50% of those trees having a two-inch or greater diameter
at 4.5 feet above the ground and larger; and
(b)
Forest areas that have been cut but not cleared.
FORESTRY
The management, harvesting and use of a forest or woodland
for timber.
FUNERAL HOME
A building or part thereof used for human funeral services,
including chapels, embalming, autopsies, storage of caskets, funeral
urns and other related funeral supplies, and the storage of funeral
vehicles.
GAME PRESERVE
A reservation where animals are protected for purposes of
sport.
GARAGE, REPAIR
A building, establishment, or part thereof, where the following
activities may occur: general repair, engine rebuilding, reconditioning
of motor vehicles, collision repair, painting, general maintenance,
and where no more than two vehicles shall be stored on the premises.
GOLF COURSE
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, driving range,
caretakers' dwellings, dining and refreshment facilities.
GOLF DRIVING RANGE
A limited area on which golf players do not walk, but onto
which they practice from a central driving tee.
GREENHOUSE
An enclosed building, permanent or portable, which is used
for growing small plants.
GREENWAY
An area of unbroken open space managed primarily for conservation
purposes such as protection of sensitive natural features, farmland,
scenic views, and other unique features. A greenway may be left in
a natural state or include trails or pathways. Components of greenways
may include parks, wildlife areas, forest and historic sites, including
human burial sites.
GROUP HOME
A facility providing housing and/or medical or social assistance
in a single-family dwelling for not more than eight persons, including
support personnel, for persons who need specialized housing, treatment,
assistance or counseling service because of a mental or physical disability
which impairs and substantially limits one or more of the individual's
major life activities.
GROUP HOME, YOUTH
the administration, program, and physical plan involved in
rendering residential services on a twenty-four-hour basis to youths
under 21 years old. These homes include community-based family-type
dwellings which house between five and 12 youths separately or with
an affiliated corporation to provide a neighborhood experience.
GUEST ROOM
A room or rooms, within an owner-occupied residence, rented
to a nonfamily resident, without kitchen facilities but with access
to sanitary facilities within the same structure.
HAZARDOUS WASTE FACILITY
Any place, land area, building or structure where either
the storage of or the mechanical, chemical or natural processing of
hazardous material or matter, as defined by federal or Maryland law
or regulation, not originating on the site, takes place.
HISTORIC SITE
An area in which historic events occurred, or having special
public value because of notable features relating to the culture or
heritage of the county, of such significance to warrant conservation
and preservation.
HISTORIC STRUCTURE
A structure listed individually on the National Register
of Historic Places, the Maryland Inventory of Historic Properties,
or a local inventory of historic places certified by the Maryland
Historic Trust or the Secretary of the Interior.
HOSPITAL
An institution providing health services primarily for human
in-patient medical or surgical care for the sick or injured and including
related facilities such as laboratories, central services facilities,
and staff offices that are an integral part of the facilities.
HOTEL
A building offering transient housing accommodation, for
lodging with or without boarding for the public for compensation,
and in which access to and from all rooms is made through an inside
lobby or office supervised by a person in charge at all hours. A hotel
may contain restaurants, taverns, clubrooms, public banquet halls,
ballrooms and meeting rooms.
HUNTING CAMP
A building or structure used on a temporary basis during
the hunting or fishing season and not designed in such a manner that
the structure can be used on a year-round basis. A hunting camp shall
not include any other establishment or use as may be defined elsewhere
in this chapter.
INDUSTRIAL USE
Any activity conducted in connection with the manufacture,
assembly, disassembly, fabrication, resource recovery, storage or
processing of materials or products, all or any part of which is marketed
off the premises or marketed to other than the ultimate consumer.
INFECTIOUS WASTE FACILITY
Any place, land area, building or structure where either
the storage of or the mechanical, chemical or natural processing of
infectious material or matter, as defined by federal or Maryland law
or regulation, not originating on the site, takes place.
KENNEL, COMMERCIAL
A place where dogs and other domesticated animals, excluding
livestock, are bred and raised and are sold or kept for sale or boarded
for a fee. This definition shall not include veterinary establishments.
LANDOWNER
Any person, family, partnership, corporation, or any other
entity who possesses a legal or equitable interest in property.
LIQUOR
Includes all alcoholic beverages as defined in Article 2B
of the Annotated Code of Maryland, with the exception of beer and
wine, as defined in the same article.
LIVESTOCK MARKET
A commercial establishment wherein livestock are collected
for sale or auctioning.
LOADING SPACE
Any off-street space available for the loading or unloading
of goods.
LOT
Land occupied or to be occupied by a building and any building
accessory thereto or by a building group and any buildings accessory
thereto, together with the open spaces appurtenant to such building
or group, and having its principal frontage on a public street or
road or any private street or road approved by the Wicomico County
Department of Public Works. A parcel of land shall be deemed to be
a lot in accordance with this definition regardless of whether or
not the boundaries thereof coincide with the boundaries of lots or
parcels as shown on any map of record.
(1)
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets, or a lot bounded on and abutting to more than one side by the same street.
(3)
THROUGH LOTA lot, other than a corner lot, which fronts upon two parallel public or private roads or which fronts upon two public or private roads which do not intersect at the boundary of the lot and which has no rear lot line.
LOT AREA
The total horizontal area included within lot lines.
LOT FRONTAGE
That portion of a lot abutting to any public street or road.
Frontage is measured along and abutting to the street line thereof
or, if said line is curved, along the chord of the arc.
LOT LINE
A line of record bounding a lot which divides one lot from
another lot or from any road right-of-way or from any other public
space.
(1)
FRONT LOT LINEThat boundary for a lot which is along a street. In the case of a corner or through lot, both boundaries along a public way shall be considered "front lot lines."
(2)
REAR LOT LINEThe lot line opposite and most distant from the front lot line.
(a)
In the case of triangular or otherwise irregularly
shaped lots, a line at least 10 feet in length entirely within the
lot, parallel to and at a maximum distance from the front lot line.
(b)
In a corner lot, the rear lot line shall be
as established on the recorded subdivision plat describing the property.
In the event that no rear lot line is denoted on the recorded subdivision
plat, the rear lot line shall be determined by the Zoning Administrator.
(c)
There shall be no rear lot line for through
lots.
LOT WIDTH
The width of a lot along a line parallel to the frontage
thereof and lying a distance therefrom equal to the required setback
on said lot required by this chapter or of a greater setback line
if established.
MANUFACTURE
The mechanical, physical or chemical transformation of materials,
substances, or components into new products.
MANUFACTURED HOME
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under U.S.C. Title 42, Chapter
70; and except that such term shall not include any self-propelled recreational vehicle.
(1)
MANUFACTURED HOME, DOUBLE-WIDEA manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and which, once constructed on-site, is 24 body feet in width or more and 40 body feet or more in length.
(2)
MANUFACTURED HOME, SINGLE-WIDEA manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a double-wide manufactured home and is up to 24 feet in width and 40 feet long.
MANUFACTURED HOME PAD
The area occupied by a manufactured home and its accessory
uses and structures in a manufactured home park.
MARINE TERMINAL
Any water-dependent facility served by adequate collector
roads equipped for loading or unloading of equipment, bulk materials
or supplies.
MEDICAL CLINIC
A place where medical or dental care is furnished to persons
on an out-patient basis by three or more physicians who have common
offices in a building which shall also offer laboratory and diagnostic
facilities to patients on an out-patient basis and not just in conjunction
with normal professional services.
MINERAL EXTRACTION
Any filling, grading, lagooning, dredging, excavation, processing,
blasting and storage of any earth products of natural mineral or organic
deposit on or from the earth, such as soil, sand, loam, gravel, clay,
metals, rock or peat. This definition does not include excavation
for purposes of grading for a building lot or roadway, grass sod removal
for landscaping, or excavation of material on a lot for use on that
same lot.
MIXED-USE
A mix of two or more uses in a single facility that are organized
to make a viable project. A mixed-use building shall not be interpreted
to mean a shopping center as herein defined.
MODULAR HOME
A dwelling unit, built to state or local standards, composed
of components substantially assembled in a manufacturing plant and
transported to the building site for final assembly on a permanent
foundation. Among other possibilities, a modular home may consist
of two or more sections transported to the site in a manner similar
to a manufactured home, or a series of panels or room sections transported
on a truck and erected or joined together on the site.
MOTEL
Any building or portion thereof containing sleeping accommodations
with 10 or more rooms for persons who are not members of a single
family as defined in this section, whether such establishment is designated
as a hotel, inn, motel, motor lodge, motor hotel or otherwise.
MOTOR VEHICLE
An automobile, light truck, boat, boat trailer, recreational
vehicle, motorcycle and the like.
MOTOR VEHICLE FILLING STATION
Any building, structure or area of land used for the retail
sale of automobile fuels, oils, and accessories and where repair service,
if any, is incidental; and where no more than two motor vehicles shall
be stored on the premises. Motor vehicle filling stations may include
the sale of propane or kerosene as accessory uses.
MOTOR VEHICLE SALES
Storage and display for sale of more than two motor vehicles
or any type of trailer, provided the trailer is unoccupied, other
than for private, individual sale, and where repair or body work is
incidental to the operation of the new or used vehicle sales. Motor
vehicle sales include motor vehicle retail or wholesale sales.
NATURAL FEATURES
Components and processes present in or produced by nature,
including but not limited to soil types, geology, slopes, vegetation,
surface water, water quality, drainage patterns, aquifers, recharge
areas, climate, floodplains, aquatic life, and wildlife.
NEIGHBORHOOD COMMERCIAL
These uses include certain light retail and personal service
establishments of a convenience nature that serve residential neighborhoods.
Prohibited under this category are uses of an incompatible nature
or which serve a regional market likely to create undue traffic, earlier
or later hour operations, or other characteristics incompatible with
a residential neighborhood.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure, the size, dimension or location
of which was lawful prior to the adoption or amendment of this chapter
but which fails, by reason of adoption or amendment of this chapter,
to conform to the present requirements of the district.
NONCONFORMING SPECIAL EXCEPTION
A use lawfully existing at the time of the adoption or amendment
of this chapter by virtue of a special exception granted by the Planning
and Zoning Commission or the Board of Appeals but which fails, by
reason of such adoption or amendment, to conform to the present regulations
of the district in which it is located.
NONCONFORMING USE
A use lawfully existing at the time of adoption or amendment
of this chapter but which fails, by reason of such adoption or amendment,
to conform to the present regulations of the district in which it
is located.
NURSERY, COMMERCIAL
A building or structure, and lands associated therewith,
for the growing of young trees or other plants, shrubs, seeds, fertilizers
and mulch, together with gardening tools, implements and other ancillary
items determined by the Board of Appeals to be directly related to
residential gardening, which are sold at retail from such building
or lot to the general public.
NURSING CARE FACILITY
A facility maintained for the purpose of providing skilled
nursing care and medical supervision at a less intensive level than
that available in a hospital.
OFFICE
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
OFFICE, MOBILE
A structure that contains one or more office units and that
is designed to be transportable, either by traction or under its own
power. This definition shall apply regardless of whether or not the
wheels or other devices for mobility are actually in place and regardless
of alterations or additions to the original structure.
OFF-STREET PARKING
Space provided for vehicular parking, but not including any
public or private street right-of-way.
OPEN SPACE
A parcel of land or an area of water, or combination thereof
within a designated development tract, to be left undeveloped as part
of a development, natural resource preservation, archeologic or historic
recreation, to include human burial sites, buffer or other open space
provision of this chapter. Open space excludes areas in lots, street
rights-of-way, or parking.
OUTDOOR COMMUNITY EVENT
Occasional outdoor festivals or events, including, but not
limited to, horse shows, carnivals, dog shows, arts and crafts shows,
music festivals, etc., and seasonal business use.
OUTSIDE STORAGE
Any accessory storage of a principal building or structure
on the lot in the open air and/or in unenclosed portions of buildings
which are open to the air on the sides.
OVERLAY DISTRICT
A district which is placed over the base zoning district
and which is intended to supplement the regulations of the parent
district to accomplish a special public purpose for which the overlay
district is established.
PARCEL
A continuous quantity of land in the possession of or owned
by, or recorded as the property of, the same person or persons.
PEDESTRIANWAY
A publicly or privately owned right-of-way or easement for
pedestrian or bicycle use.
PLACE OF ASSEMBLY
A structure or land area designated for the frequent gathering
of people for a common reason as for a legislative, religious, educational
or social purpose, including, but not limited to, places of religious
assembly, auditoriums, convention centers, shopping centers, day-care
homes and centers, schools and elderly day-care facilities.
PLAT
A sketch, map or survey of a lot(s), tract or parcel of land,
including lot lines, street rights-of-way and easements, with the
dimensions of these features inscribed thereon.
PLAT OF RECORD
A complete subdivision plat or site development plan that
has received final approval by the Planning Commission, including
all required supplementary data which defines property lines, proposed
streets and other improvements, development plans and community impact
statements and easements; or a plan of private streets to be dedicated
to public use and which is to be recorded in the land records of Wicomico
County.
POULTRY HOUSE
Any structure, including all related buildings and appurtenances,
designed and used for the growing of poultry. This includes, but is
not limited to, fans, feed bins, litter storage, manure sheds, incinerators,
composters, and cold storage.
[Added 9-6-2016 by Bill
No. 2016-11]
PREMISES
A lot or parcel, together with all buildings and structures
thereon.
PRIVATE CLUB
An association for civic, social, cultural, religious, literary,
political, recreational or like activities, operated for the benefit
of its members and not open to the general public.
PROJECTING SIGN
A sign which projects beyond the building face more than
18 inches and uses the building as its main source of support.
PUBLIC UTILITY
Facilities and structures owned or maintained by a public
agency or a public company for the purpose of and directly necessary
for rendering or providing communication, electric, gas, sewer, water
or comparable service and, in fact, used in the rendition of such
services. For purposes of this definition, wireless telecommunications
towers shall not be considered a public utility.
PUBLIC WAY
Any sidewalk, street, alley, highway, or other public thoroughfare.
RAILYARD
An area with three or more tracks where rail cars are stored
awaiting combination or decombination with other rail cars.
RECREATION
Establishments primarily engaged in the operation of sports,
active amusement or recreation services for entertainment.
RECREATION CENTER
Includes both recreation and active recreation establishments
as defined in this chapter.
[Added 11-21-2023 by Bill No. 2023-16]
RECREATION VEHICLE or RV
A motorized or towable vehicle that combines transportation
and temporary living quarters for travel, recreation and camping.
RVs do not include mobile homes, off-road vehicles or snowmobiles.
RVs are classified into two groups: towables and motorized. Towables
are designed to be towed by a motorized vehicle (auto, van, or pickup
truck) and of such size and weight as not to require a special highway
movement permit. Towables are designed to provide temporary living
quarters for recreational camping or travel use and do not require
permanent on-site hookup. The towables include conventional travel
trailers, fifth-wheel travel trailer, folding camping trailer and
the truck camper. Motorized RVs are a recreational camping and travel
vehicle built on or as an integral part of a self-propelled motor
vehicle chassis. It may provide kitchen, sleeping, and bathroom facilities
and be equipped with the ability to store and carry fresh water and
sewage. Motorized RVs include motorhome (Class A), van camper (Class
B), motorhome (Class C) and conversion vehicles.
RECREATIONAL VEHICLE PARK
A park designed to accommodate recreational vehicles for
temporary occupancy of not over 30 days' duration.
RECYCLING FACILITY
A parcel or facility where materials that would otherwise
become solid waste are collected, separated, or processed and returned
to the marketplace in the form of raw materials or products.
REHABILITATIVE HOUSING
A facility providing housing facilities and/or rehabilitation
in a single-family dwelling for not more than eight persons, including
support personnel, for persons who need specialized housing, treatment
and/or counseling service because of delinquency or criminal rehabilitation,
such as a criminal halfway house, current addiction to or illegal
use of a controlled substance, or a type of mental illness that involves
behavior that causes a person to be a threat to the physical safety
of others. Residents are provided service and supervision by licensed
operators in accordance with federal, state and local laws, regulations
and requirements. Treatment and counseling shall be limited to the
residents of the dwelling. The residents of a group home shall not
include any person who, during the term of dwelling 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.
RESEARCH ESTABLISHMENT
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, which may include engineering
and product development which shall not permit the testing of explosives,
toxic chemicals or other hazardous materials.
RESIDENCE
A building containing only dwelling units. The term "residence"
or any combination thereof shall not be deemed to include accommodations
used for transient occupancy or mobile residences.
RESTAURANT
Any establishment, however designated, including a tearoom,
at which food is prepared and sold for consumption on the premises,
for carry-out, or for off-site catering. However, a snack bar or refreshment
stand at a public or nonprofit community swimming pool, playground
or park, operated solely for the convenience of patrons of the facility,
shall not be deemed to be a restaurant. Restaurants may be furthered
defined as follows:
(1)
RESTAURANT, DRIVE-THRU OR FAST-FOODAny establishment where prepared 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.
RETAIL SALES
A building where goods, wares, merchandise, substances, articles
or things are offered or kept for sale to the general public or members,
including storage of limited quantities of such goods, sufficient
only to service such store.
RIGHT-OF-WAY
The property under public ownership or easement normally
used for movement of vehicles and/or persons, including, but not restricted
to, any pavement area.
ROAD, SERVICE
A minor street generally parallel to a major arterial street
providing access to abutting properties of both the service road and
major arterial street but protected from through traffic.
ROADSIDE STAND
Temporary, portable and accessory structures, e.g., a table,
for the occasional sale of produce raised on the site where the stand
is located.
SALVAGE YARD
Any area where waste, discarded or salvaged materials are
bought, sold, exchanged, baled, packed, stored, disassembled, handled,
abandoned, including the salvaging, storing, wrecking of automobiles
and other vehicles, machinery or parts thereof, house wrecking yards,
used lumber yards and places for storage of salvaged building or structural
steel materials and equipment.
SANITARY LANDFILL
Any place, land area, building or structure where solid waste
or refuse or other materials are stored or disposed of by alternating
layers of such wastes or materials with dirt or other approved materials
and then compacted on a daily basis. All such facilities shall include
those as defined by Maryland law or regulation.
SAWMILL
A building, structure or area where timber is cut, sawed
or planed, either to finished lumber, or as an intermediary step.
SCHOOL, NURSERY
Any building, however designated, certified by the Maryland
Board of Education to provide an educational program for students
who are two, three or four years old. In addition, such schools may
include classroom instruction for older students at the kindergarten,
first and second grade levels when such instruction is provided as
part of a program approved by the Maryland State Board of Education.
SCHOOL OF GENERAL INSTRUCTION
A parochial or private school or college or university giving
regular instruction at least five days a week, except holidays, for
a normal school year of not less than seven months.
SCHOOL OF SPECIAL INSTRUCTION
A school with three or more employees primarily devoted to
giving instruction in vocational, professional, commercial, musical,
dramatic, artistic, linguistic, scientific, religious or other special
subjects.
SCREENING
A barrier of appropriate natural vegetation or appropriate
fencing materials intended to provide a physical and/or visual buffer
between uses as specified by ordinances and regulations of Wicomico
County.
SELF-STORAGE
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods or contractors' supplies.
SENSITIVE AREAS
Environmental protection areas identified in the Economic
Growth, Resource Protection and Planning Act of 1992 for which special
standards, may be applied to protect these areas from the adverse
effects of development. These areas include the following:
(1)
Streams and their buffers;
(2)
One-hundred-year floodplains;
(3)
Habitats of threatened and endangered species;
(4)
Steep slopes (15% or more); and
(5)
Any other areas determined by the county.
SERVICE ESTABLISHMENT
A building or part of a building in which persons are employed
in furnishing services and otherwise administering to the individual
needs of persons, such as hairdressers or shoe repair, professional
health and legal assistance, and repair or service of small appliances
or locksmiths, except as otherwise specified in this chapter.
SHOPPING CENTER
A grouping of retail, service or restaurant uses on a single
site with common parking facilities:
(1)
SHOPPING CENTER, NEIGHBORHOODShopping center serving the surrounding neighborhood ranging in size from 5,000 square feet to 30,000 square feet of gross floor area.
(2)
SHOPPING CENTER, COMMUNITYShopping center serving the community at large ranging in size from 30,000 to 300,000 square feet of gross floor area.
(3)
SHOPPING CENTER, REGIONALShopping center serving an area of greater population than the county, ranging in size from 300,000 square feet of gross floor area and larger.
SIGN
Any display or device displayed for the purpose of visually
bringing the items or services about which the sign pertains to the
attention of the public and which is viewable from the outdoors. A
sign does not include any flag of and displayed by any government
or governmental agency or otherwise displayed for patriotic purposes
or any flag or banner of and displayed by any civic, charitable, religious,
patriotic, fraternal or similar organization or any badge or insignia
of such organizations with a maximum area of 16 square feet. Temporary
lighting as part of holiday decorations shall not be deemed to be
a sign display.
(1)
BANNERAny sign of lightweight fabric or similar material that is mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
(2)
COMMERCIAL SIGNAny sign belonging to or controlled by the owner or occupant of a building or premises which is used to identify the building or premises or the products or services sold therein or thereon.
(3)
FLASHING SIGNA sign, the illumination of which is not kept stationary or constant in intensity at all times when in use, except that illuminated signs which indicate the temperature, date or similar public service information shall not be considered flashing signs.
(5)
INDIRECTLY ILLUMINATED SIGNAn illuminated, nonflashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such sources into any residential district or public street.
(6)
OUTDOOR ADVERTISING STRUCTUREAny poster panel, billboard, painted bulletin or other structure, device, surface or display used for advertising purposes which is not located on the premises of the business advertised.
SLUDGE
The waste by-product that has been treated by a process to
reduce putrescibility, significantly reduce pathogenic organisms and,
except for lime stabilization, reduce the volatile solids content.
SLUDGE APPLICATION
Application is defined as the incorporation or injection
into the root zone or soil profile of sewage sludge or wastewater
solids.
SLUDGE HANDLING
Any manner in which sewage sludge is handled, utilized, or
otherwise managed or stored including incineration, composting, co-land
filling, and application.
SMALL CONTRACTING BUSINESS
Those businesses engaged in the construction, alteration
or repair of buildings; installation and servicing of heating, cooling
and electrical equipment, flooring, painting, plumbing, roofing and
tiling; installation or maintenance of landscaping; well-drilling;
or any other contracting use determined by the Zoning Administrator
to be similar to those listed in terms of type, scale and impact.
SOIL REMEDIATION
Any chemical, natural or mechanical process by which any
undiluted petroleum-based liquid is removed or diluted from either
soil or other material or matter. Soil remediation facilities shall
not include any toxic or hazardous liquid or material as defined by
Maryland or federal law. This definition shall not include any previously
processed asphalt, tar and chip, stone or concrete materials commonly
referred to as "millings" or "recycled asphalt products (rap)."
SOIL REMEDIATION FACILITY
Any place, land area, building or structure where soil remediation,
as defined in this article, takes place, involving products not originating
on the site. Such a facility shall also include any storing, treatment,
transferring or processing of undiluted petroleum-based liquids or
materials.
SPECIALTY RETAIL STORE
A retail facility selling products of a specialized nature,
including food and beverages, art and art supplies, crafts and craft
supplies, cameras and photographic supplies, stamps and coins, music
and musical instruments, books, and other similar products.
STEEP SLOPES
Any slope with a grade of 15% or more covering a contiguous
area of 10,000 square feet or more.
STORAGE TRAILER
A trailer, not designed or intended for human habitation,
that is located for the storage of items and materials. Manufactured
homes shall not be considered storage trailers.
STORY
The part of a building comprised between the upper surface
of a floor and the upper surface of the floor or roof next above it.
A basement shall be considered a story.
STREAM
A natural body of running water flowing continuously or intermittently
in a channel. A stream shall not include elements of a drainage system,
such as engineered swales, culverts, ditches, retention facilities
or storm sewer systems.
(1)
INTERMITTENT STREAMA stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or field located. Intermittent streams shall be identified in the field and accurately drawn on all development plans.
(2)
PERENNIAL STREAMA stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or may be located by field check.
(3)
TRIBUTARY STREAMPerennial and intermittent streams that flow into a larger stream or body of water and located in the Critical Area that are so noted on the most recent U.S.G.S. 7.5 Minute Quadrangle Maps or on more detailed maps or studies at the discretion of the county.
STREET
A public or private thoroughfare, however designated, which
affords the principal means of access to abutting property.
(1)
STREET, COLLECTORA street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties and is designated as a "collector street" on the county's approved functional classification map or, if not shown on such plans, as designated in the Wicomico County Comprehensive Plan.
(2)
STREET, LOCALA street whose principal function is to provide direct access to abutting properties. A local street shall be defined as those roadways not classified as "collector" or "arterial" roadways on the county or state functional classification maps or the Wicomico County Comprehensive Plan. Local streets shall be those roadways built to serve new subdivisions.
(3)
STREET, PRIVATENonpublicly owned vehicular accessway serving two or more abutting properties.
(4)
STREET, PUBLICA vehicular accessway for public use, owned or maintained by the city, county, state or federal government, or any other such public accessway for vehicles designated by the County Council.
STRUCTURE
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground, and including, among other things,
display stands; gasoline pumps; mobile dwellings (whether mobile or
stationary at the time); outdoor signs; platforms; decks; pools; porches;
reviewing stands; sales stands; signs; stadiums; stagings; standpipes;
tanks of any kind; tents; towers of any kind, including radio and
television towers and sending and receiving units and antennas, but
not support wires or anchors; unenclosed porches; and vending machines.
(1)
The word "structure" shall be construed as though
followed by the words "or part thereof."
(2)
For the purposes of this chapter, the term "structure"
shall not include awnings, chimneys, lawn furniture, birdbaths, roof-mounted
antennas, driveways, sidewalks, exterior lighting fixtures, mailboxes,
fire hydrants, fences, temporary structures no larger than 50 square
feet in size nor 30 inches in height, survey monuments, tree houses
and shelters for school children not over 50 square feet in size,
light poles and other decorative lawn poles not over six inches in
diameter, roof overhangs of the principal building no greater than
four feet and porches, patios, steps, stoops and decks, unenclosed
by walls or roof, not over 30 inches high above grade and attached
to the principal building.
(3)
Determination of whether similar minor structures
not listed above are governed by the setback provisions of this Code
shall be made in writing by the Planning Commission on a case-by-case
basis.
STUDIO
An establishment wherein music, photography, dancing, sculpting
or other artistic instruction may be given.
SURVEYOR
A professional land surveyor licensed by the State of Maryland.
SWIMMING POOL
An artificial pool of water, either above or below ground,
having a depth at any point of more than 30 inches and a surface area
of greater than 100 square feet, designed or intended for the purpose
of bathing or swimming and including all necessary equipment.
TELECOMMUNICATIONS FACILITIES
A structure, device or apparatus consisting of antennas (including,
but not limited to, panels, dishes, and omnidirectionals), mounted
hardware, and all related equipment necessary to operate various telecommunications
systems, including personal communications services (PCS) and cellular
transmitting and receiving sites, as well as monopoles, freestanding
towers, guyed towers, and other support and elevational assisting
devices. For purposes of this chapter, telecommunications uses shall
also include television and radio broadcasting facilities.
TERMINAL
A place where a transfer of goods or people between different
modes of transportation takes place; or a terminating point where
goods or materials are delivered or transferred to a temporary storage
area, either on an open lot or within structures, to be collected
and redistributed.
THEATER, INDOOR
A building designed and/or used primarily for the commercial
exhibition of motion pictures or live shows to the general public.
THEATER, OUTDOOR
Only those areas, buildings or structures designed and used
for the commercial outdoor exhibit of motion pictures or live shows.
TOWNHOUSE
A single-family dwelling forming one of a series of attached
single-family dwellings, which may be offered for sale or rental,
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 walls, extending from the cellar floor and/or foundations
to the highest point of the roof, along the dividing lot line and
separated from any other building or structure by space on all other
sides.
TOXIC WASTE FACILITY
Any place, land area, building or structure where either
the storage of or the mechanical, chemical or natural processing of
toxic material or matter, as defined by federal or Maryland law or
regulation, not originating on the site, takes place.
TRAILER, UTILITY
A nonmotorized wheeled vehicle designed to be transportable
when towed by a motorized vehicle and which has been designed for
the storage of tools and/or equipment.
TUNNEL VENTILATION FAN(S)
Exhaust fans, 48 inches or greater in diameter, engineered
for static-pressure controlled air exhaust, which would exhaust air
on one end or middle of a poultry house. Air inlets are located on
the opposite end of the tunnel ventilation fan(s). Other sidewall
and end-of-house fans are not considered to be tunnel ventilation
fans, as they are used only to prevent stagnant air pockets, thus
improving animal welfare.
[Added 9-6-2016 by Bill
No. 2016-11]
USE
The purpose for which land, buildings or structures are designed,
arranged or intended or for which land, buildings or structures are
occupied or maintained; and any occupation, activity, or operation
conducted in a building or other structure, or on land.
(1)
USE, ACCESSORYA use which is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building or on an adjacent lot under the same ownership.
(2)
USE, PERMITTEDA use specifically listed in the Table of Permitted Uses as a permitted use and which may be lawfully established
in a particular district or districts, provided that it conforms with
all regulations, requirements and standards of such district. Permitted
uses do not include special exception and nonconforming uses.
(3)
USE, PRINCIPALThe primary purpose for which a lot or the buildings thereon is designed, arranged, or intended and for which it is or may be used, occupied or maintained.
UTILITY OPERATION CENTER
Facilities, structures and any or all uses directly relating
to the operation and maintenance of a public utility:
[Added 2-5-2013 by Bill No. 2012-17]
(1)
Including, but not limited to:
(a)
Operating utility system controls;
(b)
Business offices and associated accessory uses;
(c)
Indoor and outdoor repair, maintenance and/or storage of motor
vehicles and utility construction and maintenance equipment; and associated
storage of fuels, lubricants, coolants and fluids and substances,
not for sale to the public;
(d)
Indoor and outdoor assembly, repair, maintenance, testing and
storage of utility system components, equipment, tools and supplies;
and
(e)
Staging area for contractors constructing, repairing, and/or
maintaining the utility system.
(2)
Excluding all electric generating facilities and electric transmission
lines of greater than 69,000 KV.
VARIANCE
A modification of zoning regulations for height, frontage,
area or size of structure, or size of yards and open spaces, 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 the
regulations would result in unnecessary hardship.
VETERINARY CLINIC
A building or part of a building used for the care, diagnosis,
and treatment of sick, ailing, infirm or injured animals, and those
who are in need of medical or surgical attention, which may or may
not have runs provided for the animals as long as all runs are entirely
contained within a building.
WAREHOUSE
A building or part of building used for the storage and distribution
of goods, wares, merchandise, substances or articles and may include
facilities for a wholesale or retail commercial outlet, but shall
not include facilities for truck or transport terminal or yard.
WAYSIDE STAND
A use of land for the sale of seasonal plants, vegetables,
fruits, seafood, wreaths and Christmas trees to the general public.
WHOLESALE SALES
On-premises sales of goods in large quantities primarily
for resale by a retailer.
YARD
An open area between a lot line and the line within which
no structures shall be located, except as provided in this chapter.
(1)
FRONT YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the front lot line.
(2)
REAR YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the rear lot line.
(3)
SIDE YARDAn open space, unoccupied and unobstructed, extending from the front lot line to the rear lot line between any part of any building setback line and the nearest side lot line.
ZONING ADMINISTRATOR
The administrative officer or his or her agent responsible
for the administration and enforcement of this chapter.
ZONING AUTHORIZATION
A permit issued that authorizes the recipient to make use
of property in accordance with the requirements of this chapter and
indicates that the proposed use is in conformance with the Wicomico
County Zoning Chapter by complying with the requirements of the district
within which the use is located.