Town of Manchester, MD Article XX Terminology

§ 250-125 Definitions; word usage.

A. Definitions. For the purpose of this chapter, certain terms used herein are defined as follows:

ACCESSORY BUILDING

A subordinate building located on the same lot as the principal building, and the use of which is customarily associated with and incidental to the use of the principal building. An accessory building shall not dominate a principal building in area, extent or purpose.

[Added 8-14-2007 by Ord. No. 179]

ACCESSORY STRUCTURE

A subordinate structure located on the same lot as the principal use, and the use of which is customarily associated with and incidental to the principal use.

[Added 8-14-2007 by Ord. No. 179]

ACCESSORY USE

A use of a building, lot or portion thereof which is incidental and subordinate to the principal use of the main building or lot.

[Amended 8-14-2007 by Ord. No. 179]

AGRICULTURE or AGRICULTURAL PURPOSES

The raising of farm products for use or sale, including animal or poultry husbandry, and the growing of crops, such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil.

APARTMENT

An area within a structure arranged or designed as one dwelling unit.

APARTMENT HOUSE

Any building arranged, designed or used for rent or occupancy or which is cooperatively owned by its occupants, having three or more dwelling units and with a yard, compound, service or utilities in common.

BED-AND-BREAKFAST

Any residential dwelling in which rooms are rented to paying guests on an overnight basis with not more than one meal served daily, the entire service to be included in one stated price.

BOARD

The Board of Zoning Appeals.

BUILDING

Any structure anchored to a permanent foundation enclosed within exterior or party walls and a roof for the enclosure, shelter or protection of persons, animals or chattels.

BUILDING LINE

The line established by law beyond which a building shall not extend, as determined by front, side and rear yards herein.

CANNABIS

The plant Cannabis sativa L., and any part of the plant, including all derivatives, extracts, cannabinoids, cannabidiol (CBD), isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration greater than 0.3% on a dry weight basis and this shall include cannabis products and edible cannabis products as defined by §§ 1-101 and 36-101 of the Alcoholic Beverages Article of the Maryland Code, as amended from time to time, and includes marijuana, seeds and seedlings.

[Added 9-12-2023 by Ord. No. 258]

CANNABIS BUSINESS

Any shop, pharmacy, dispensary or other business or establishment that sells, dispenses, otherwise distributes, stores, grows, extracts or otherwise processes products containing cannabis for medical or recreational uses.

[Added 9-12-2023 by Ord. No. 258]

COMMISSION

The Town of Manchester Planning and Zoning Commission.

COMMUNITY SOLAR ENERGY GENERATING SYSTEM (CSEGS)

A solar energy generating system as defined in the Maryland Public Utilities Article of the Annotated Code of Maryland, § 7-306.2(a)(3), as amended, and which has been authorized and approved for operation by the local electric company pursuant to the rules established in the Code of Maryland Regulations (COMAR) 20.62 by the Maryland Public Service Commission (PSC).

[Added 7-14-2020 by Ord. No. 244]

CONDITIONAL USES

Uses which are specified for Board of Zoning Appeals approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with § 250-104. The term "conditional use" shall constitute the same as "special exception," specified as one of the general powers of the Board of Appeals in accordance with Article 66B of the Annotated Code of Maryland.

CONSTRUCTION STARTED

Construction will be deemed to have begun when all of the necessary excavation and piers and/or footings of one or more buildings or structures covered by the permit have been completed.

COUNTRY INN

Any dwelling at least 50 years old, in which rooms are rented to paying guests on an overnight basis with meals served daily, the entire service to be included in one stated price. A country inn may also provide catering and facilities for banquets, weddings, receptions, reunions, and similar one-time events which are not open to the public generally.

DAY-CARE CENTER

A facility licensed for the care of more than eight children or adults away from their own homes, on a daily rather than an overnight basis.[1]

DWELLING

Any building arranged, designed or used in whole or in part for residential purposes, but not including a tent, cabin, trailer or mobile home or a room in a hotel or motel.

(1) DWELLING, SINGLE-FAMILY A detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.[2]

DWELLING UNIT

A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, eating, and sanitation.

ESSENTIAL SERVICES or ESSENTIAL UTILITY EQUIPMENT

Facilities owned or maintained by public utility companies or public agencies, located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way, and reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication or similar services to adjacent customers, including pumping stations and wastewater treatment plants, but not including any building, yard, station or facility requiring a site in excess of 400 square feet, except as hereinbefore provided, and not including any cross-country pipeline or transmission line or towers or any line requiring a private right-of-way.

FAMILY

An individual, or two or more persons related by blood or marriage, or a group of not more than five persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.

[Amended 6-9-2009 by Ord. No. 195]

FAMILY DAY CARE

Care other than parental care given to not more than eight children in the provider's residence for less than 24 hours and for which money is paid. The provider must comply with all state and county licensing agency regulations and must be licensed by appropriate agencies prior to operating residence as a family day-care home.

FARM

An area of land used for agricultural purposes, as defined hereinabove.

FENCE

A vertical structure of posts and non-masonry connected material used to delineate a boundary or to act as a barrier or means of protection, confinement or screening. Posts and fences shall be of similar material.

[Added 8-13-2013 by Ord. No. 214]

GARAGE

(1) GARAGE, RESIDENTIAL An accessory building, portion of a main building or building attached thereto, used for the storage of private motor vehicles, 50% of which may be used for the storage of a commercial vehicle.

(2) GARAGE, SERVICE A garage, other than a residential garage, where motor vehicles, trailers or other type of equipment are stored, equipped for operation, repaired or kept for remuneration, hire or sale.

HEALTH DEPARTMENT

The Maryland State Department of Health and Mental Hygiene.

[Amended 6-9-2009 by Ord. No. 195]

HEMP

The fiber of the cannabis plant, extracted from the stem, containing a delta-9-tetrahydrocannabinol (THC) concentration of no more than 0.3% on a dry weight basis.

[Added 9-12-2023 by Ord. No. 258]

HEMP BUSINESS

Any shop, pharmacy, dispensary or other business or establishment that sells, dispenses, otherwise distributes, stores, grows, extracts or otherwise processes products containing hemp for medical or recreational uses.

[Added 9-12-2023 by Ord. No. 258]

HOME OCCUPATION

Any use of a dwelling, conducted solely by a member or members of the family residing therein, which is incidental or subordinate to the main use of the building for dwelling purposes, provided that the use:

(1) Utilizes not more than 25% of the floor area of the dwelling;

(2) Does not generate vehicular parking or nonresidential traffic to a greater extent than would normally result from residential occupancy;

(3) Has no inventory or stock-in-trade kept for regular sale to persons coming to the premises; and

(4) Has no other evidence being visible, audible, or abnormally odoriferous from the outside of the dwelling to indicate that it is being used for other than residential purposes, other than a sign not exceeding 12 inches by 18 inches.[3]

KENNEL

Any building or structure and/or land used, designed or arranged for housing, boarding, breeding or care of more than three adult dogs kept or bred for hunting, sale, exhibition or other use for profit.

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, including all open spaces required by this chapter, and having frontage on a street or a minimum of a ten-foot in-fee strip to a publicly maintained road as defined herein.

[Amended 6-9-2009 by Ord. No. 195]

(1) LOT, CORNER A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.

(2) LOT FRONTAGE The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of the lot adjacent to streets shall be considered frontage, and yards shall be provided as required herein, except that not more than one rear yard shall be required.

(3) LOT MEASUREMENTS

(a) DEPTH The average horizontal distance between the front lot line and the rear lot line.

(b) WIDTH The horizontal distance between side lot lines measured at the midpoints of the side lot lines.

(4) LOT OF RECORD A lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

MASTER PLAN

Policies, statements, goals and interrelated plans for private and public land use, transportation and community facilities, documented in test and maps, which constitute the guide for the Town's future development.

MEDICAL CENTER

A medical or dental clinic building or group or combination of such buildings occupied by medical practitioners and providing health services to people on an outpatient basis.

NONCONFORMING USE

A building, structure, premises or use of land lawfully existing at the time of the adoption of this chapter or lawfully existing at such time as this chapter is amended and which does not conform to the use regulations of the zone in which it is located.[4]

ON-SITE CONSUMPTION ESTABLISHMENT

Any entity licensed pursuant to § 36-401(c)(4) of the Alcoholic Beverages Article of the Maryland Code and/or that otherwise allows cannabis to be consumed (smoked, vaped or otherwise ingested) on premises.

[Added 9-12-2023 by Ord. No. 258]

PLANNED BUSINESS CENTER

Three or more retail stores or service establishments designed as a unit and primarily served by common accessories, such as signs, parking lots, arcades and walkways.[5]

SERVICE STATION

Any area of land, including buildings and other structures thereon, that is used to dispense motor vehicle fuels, oil and accessories at retail, where minor repair service is incidental and where no storage or parking space is offered for rent.

SETBACK

The required minimum horizontal distance between a building line, as defined herein, and the related front, side or rear property line that establishes the area within which the principal structure must be erected or placed.

SIGN

A name, identification, description, display, logo, illustration or device (including wigwag, twirler, pinwheel, pennant and other similar device) which is affixed, stationed or represented directly or indirectly upon a building, structure or land and which directs attention to a product, plane, activity, person, institution or business.

(1) SIGN, ON-PREMISES BUSINESS A sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.

(2) SIGN, OUTDOOR ADVERTISING A sign structure (e.g., billboard) which directs attention to a business, commodity, service or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.

STABLE, PRIVATE (HORSE)

An accessory structure designed for the shelter, feeding and care of no more than two horses or ponies maintained on the property as pets or for domestic use as distinguished from agricultural or commercial stables.

STORAGE FACILITY FOR OVERFLOW BUSINESS OR HOUSEHOLD ITEMS

This use must be in a totally enclosed building, and is intended primarily to support the businesses in the district by providing a location where they can store inventory or equipment which is surplus or temporarily not in use. This use shall not be construed to include larger "mini-storage" facilities.

[Added 8-13-2013 by Ord. No. 214]

STORAGE MODULE

A self-contained storage unit which can only be delivered to a site in one piece and has no chassis.

[Added 8-13-2013 by Ord. No. 214]

STREET or HIGHWAY or ROAD

Any street existing or which may be approved by the Commission. The word "street" shall also mean "road," "highway," "boulevard," "avenue," "lane" or "court."

STRUCTURE

Anything constructed, the use of which requires a fixed location on the ground or which is attached to something having such location, but not including fences, power, gas, water, sewerage or communication lines or poles, towers or pole structures, sidewalks, driveways or curbs.

TEMPORARY USE

(1) Any use which has been authorized under the provisions of this chapter and which is limited as to the time in which such use shall legally continue.

(2) Any vehicle or preassembled structure so constructed and located, regardless of its foundation, as to permit occupancy thereof for living or sleeping or the conduct or any business, and which is so designed that it may be moved or transported on roads by means of attached wheels or hauled on a separate conveyance or may be propelled or drawn by its own motor power, including automobile trailers, truck trailers, trailer coaches, trailer homes, mobile homes, buses, streetcars and all similar devices.

VARIANCE

A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this chapter would result in practical difficulty or unreasonable hardship.

YARD

Any open space on the same lot as a principal building(s) and which lies between such building(s) and the lot line and is open and unoccupied from the ground up.

(1) FRONT YARD A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. (See definition of "lot frontage.")

(2) REAR YARD A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.

(3) SIDE YARD A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.

ZONING CERTIFICATE

A written statement issued by the Zoning Administrator, authorizing buildings, structures or uses in accordance with the provisions of this chapter.

[1] Editor’s Note: The former definition of “domiciliary care,” which immediately followed this definition, was repealed 8-13-2013 by Ord. No. 214.

[2] Editor’s Note: Former Subsection (2), Dwelling, two-family, and Subsection (3), Dwelling, multifamily, which immediately and respectively followed this subsection, were repealed 8-13-2013 by Ord. No. 214.

[3] Editor’s Note: The former definition of “hospital,” which immediately followed this definition, was repealed 8-13-2013 by Ord. No. 214.

[4] Editor’s Note: The former definition of “nursing home,” which immediately followed this definition, was repealed 8-13-2013 by Ord. No. 214.

[5] Editor’s Note: The former definitions of “retirement homes,” as amended, and “sanitary fill,” which immediately and respectively followed this definition, were repealed 8-13-2013 by Ord. No. 214.

B. Word usage. Words used in the present tense include the future tense. Words used in the singular number shall include the plural number; and words in the plural number shall include the singular number. The words "use" and "used" include the words "arranged, designed or intended for use." The word "shall" is always mandatory; the word "may" is permissive. "Now" shall mean at the time of the adoption of this chapter; "hereafter" shall mean after the adoption of this chapter. The word "person" shall include a firm, association, organization, partnership, trust, company or corporation as well as an individual.