Words used in the present tense include the
future. All words in the singular include the plural and all words
in the plural include the singular. The word âshallâ is
mandatory and not directory. The âusedâ shall be deemed
to include âdesigned, intended, or arranged to be used.â
For the purpose of this chapter certain terms
or words used herein shall be interpreted as follows:
A separate living unit created from existing internal space
within a single-family residence and containing both a separate kitchen
and a separate bath.
[Added 10-6-1997 by Ord. No. 1997-4]
A use or separate structure customarily incidental and subordinate
to the principal use or structure and located on the same lot with
such principal use or structure. Truck bodies, trailers, and containers
shall not be permitted as accessory structures.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
fish culture, animal and poultry husbandry; provided that the above
uses shall not include the business of garbage feeding of hogs, fur
farms or the raising of animals for use in medical or other tests
or experiments.
Any repeal, modification, or addition of 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.
Any facility for the use or operation of four or more coin-operated
amusement devices and game machines.
Any building or buildings used, designed, or arranged for
the boarding, breeding, or care of dogs, cats, pets, fowl, or other
domestic animals for profit, but not to include those animals raised
for agricultural purposes.
An accessory building or portion of a main building designed,
arranged, or used for the housing of private motor vehicles.
Building, lot, or both, in or upon which the business of
general motor vehicle repair and service is conducted, but excluding
junk and/or auto wrecking business.
A temporary sign intended to be hung with or without a frame,
possessing characters, letters, illustrations, or ornamentations applied
to paper, plastic or fabric of any kind.
[Added 1-16-2001 by Ord. No. 2000-6]
That portion of a building below the first floor joists.
(See âsignâ) 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.
The Mount Airy Board of Appeals.
A dwelling in which, for compensation, lodging or meals,
or both, are furnished to not more than nine guests. A boardinghouse
shall not be deemed a home occupation.
The area on a lot that is defined by the front, rear and
side yard setback lines, and within which principal structures may
be erected or placed.
A structure having one or more stories and a roof, designed
primarily for the permanent shelter, support or enclosure of persons,
animals or property of any kind.
The vertical distance measured from the level of the average
grade around the building to the highest point of roof surface of
a flat roof; to the deck line of a mansard floor; and to the mean
height level between eaves and ridge of a gable, hip or gambrel roof.
An establishment operated as an accessory use only offering
for sale an assortment of hot meals in a buffet or self-service style
where the food is paid for after selection by the customer and intended
mainly to be consumed in the restaurant.
[Added 2-1-2016 by Ord.
No. 2015-22]
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.
[Added 11-6-2023 by Ord. No. 2023-39]
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 11-6-2023 by Ord. No. 2023-39]
A day nursery, child boarding home, day camp, summer camp,
foster home, or other place for the reception, board or care for compensation
of a child or children under 16 years of age.
An association or organization, whether incorporated or unincorporated,
operated for civic, social, cultural, religious, literary, fraternal,
political, or recreational activities and operated on a nonprofit
or not-for-profit basis.
[Amended 10-2-2000 by Ord. No. 2000-8; 11-5-2001 by Ord. No.
2001-11]
A facility in which unprocessed, green coffee may be sorted,
roasted and processed or packaged for use and consumption.
[Added 11-2-2015 by Ord.
No. 2015-19]
The Mount Airy Planning Commission.
A retail establishment that provides prepackaged and prepared
food products and frequently or recurrently needed small personal
items that fulfill the day-to-day needs of residents or users of the
immediate service area.
[Added 2-1-2016 by Ord.
No. 2015-22]
The Town Council of Mount Airy.
An establishment offering for sale mainly a made-to-order
sandwich and salad menu served in a prepaid, over-the-counter style
generally for consumption off the premises but may have a limited
number of freestanding tables and chairs.
[Added 2-1-2016 by Ord.
No. 2015-22]
An area within which certain uses of land and buildings are
permitted and certain others are prohibited; yards and other open
space are required; lot areas, building height limits, and other requirements
are established; all of the foregoing being identical for the district
in which they apply.
A building containing one dwelling unit which is entirely
separated from any other building or structure by space on all sides.
One dwelling unit within a building or group of buildings
containing three or more dwelling units.
One dwelling unit within a building that contains two dwelling
units which adjoin each other along a common lot line and which are
separated by a party wall without openings.
A building or portion thereof providing complete independent
living facilities for a single family including permanent provisions
for living, sleeping, cooking, eating and sanitation.
Every private or commercial school or institution which offers
a program of instruction, or any program of trade, technical, or artistic
instruction. This does not include any educational institution of
the Carroll or Frederick County Board of Education. No private educational
institution shall be deemed a home occupation.
Land comprised of wetlands and wetland buffers, streams and stream buffers, one-hundred-year floodplain, and steep slopes as those terms are further defined in Chapter 98, Subdivision of Land and Site Plan Approval.
The erection, construction, alteration or maintenance, by
public utilities or by municipal or other parties, of underground
or overhead electrical, gas, communication, steam, water, or sewer
transmission, distribution, collection, supply or disposal lines,
and other similar accessories and equipment used in connection with
and reasonably necessary for the furnishing of adequate service by
such public utilities or municipal or other governmental agencies
or for protection of public health, safety or general welfare. This
does not include buildings, yards or stations used for storage, repair
or processing of equipment or material and not for transforming, boosting,
switching or pumping purposes when such facilities are constructed
on the ground.
An individual, or two or more persons related by blood or
marriage, or a group of not more than five persons (excluding servants)
not related by blood or marriage, living together as a single housekeeping
group in a dwelling unit.
A separate living unit within a single-family residence and
containing both a separate kitchen and a separate bath which is occupied
by one or more persons having a parent-child, child-parent or in-law
relationship with at least one of the record owners of the property.
[Amended 9-8-1997 by Ord. No. 1997-2]
That floodplain being defined by soil types within the County
Soil Survey Report published by the U.S. Soil Conservation Service,
such being principally a natural water retention area of generally
wet land.
That floodplain being defined as the one-hundred-year floodplain,
such being that area which at some point in time during a one-hundred-year
period has or could be inundated by water due to flood conditions.
The total number of square feet of floor area in a building,
excluding uncovered steps, and uncovered porches; but including the
total floor area of accessory buildings on the same lot. All horizontal
measurements shall be made between exterior walls.
The ratio of the total floor area of the buildings on a lot
to the net area of the lot.
The length of the front property line of the lot, lots, or
tract of land abutting a public street, road, or highway, or rural
right-of-way.
Any area of land, including buildings, and other structures
thereon that are used to dispense motor vehicle fuels, oils and accessories
at retail, where repair service is incidental, and no storage or parking
space is offered for rent.
The total acreage of a property to be developed after subtracting
the portion of beds of adjoining streets which lie within the developer's
title.
The Cannabis sativa L. plant, and any part thereof, including
all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, containing a delta-9-tetrahydrocannabinol
(THC) concentration of no more than 0.3% on a dry weight basis.
[Added 11-6-2023 by Ord. No. 2023-39]
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 11-6-2023 by Ord. No. 2023-39]
An incorporated, nonprofit organization operating under recorded
land agreements through which each lot and/or homeowner in a planned
unit or other described land area is automatically a member and each
lot is automatically subject to a charge for a proportionate share
of the expenses for the organization's activities, such as maintaining
a common property, and the charge if unpaid becomes a lien against
the property. When required or used, the owner(s) or developer(s)
must establish a homes association in accordance with the requirements
and procedures approved by the Town Planning Commission.
An occupation conducted entirely within a dwelling by a member
or members of the immediate family. Boardinghouses and rooming houses,
tourist homes and private educational institutions shall not be deemed
home occupations.
Any institution receiving in-patients and rendering medical,
surgical and/or obstetrical care. This shall include general hospitals
and institutions, such as sanitariums and sanatoriums including those
wherein feebleminded and mental patients, epileptics, alcoholics,
senile psychotics or drug addicts are treated or cared for.
Any building containing 10 or more guest rooms, where, for
compensation, lodging, meals, or both are provided for 10 or more
guests, excluding a fraternity or sorority house, school or college
dormitory, tourist home, motel or apartment hotel as defined herein.
A building or group of buildings cumulatively containing
10 or more guest rooms, where, for compensation, lodging is provided
for 10 or more guests, excluding a fraternity or sorority house, school
or college dormitory, tourist home, or motel, and is distinguished
from a hotel as defined above in that it may include an apartment
hotel and shall also include meeting rooms and conference facilities
and may contain one or more eating establishments as a subordinate
use, provided that such establishment is located within the principal
structure.
[Added 2-1-2016 by Ord.
No. 2015-22]
A tract of land for three or more principal industrial buildings
developed according to a plan for occupancy by a group of industries
and equipped with streets and necessary utilities.
A private, nonprofit organization which is not organized
or operated for the purpose of carrying on a trade or business, which
provides all or any of the following: religious, social, physical,
recreational, and benevolent services.
Any land or building used for the abandonment, storage, keeping,
collecting, or bailing of paper, rags, scrap metal, other scrap or
discarded materials, or for the abandonment, demolition, dismantling,
storage, or salvaging of automobiles or other vehicles not in running
condition, machinery, or parts thereof.
Manufacturing associated with such specialty industry groupings
as aerospace, computer science, telecommunications, instrumentation,
biomedicine (BSL-2), as defined by the OSHA and the American Biological
Safety Association Alliance, medical, energy, pharmaceutical, electronics,
transportation (parts and accessories), environmental science, agriculture,
economics, biology, and environmental science. All manufacturing processes
must take place indoors, shall not include the discharge or emission
of by-products, dust or foul or obnoxious odors into the air, water
or soil and shall be compliant with the provisions of the Town Code
and other applicable law concerning noise.
[Added 2-1-2016 by Ord.
No. 2015-22]
A parcel of land occupied or to be occupied by a building
and its accessory buildings, together with such open spaces as required.
The total horizontal area included within the rear, side
and front lot or proposed street lines of the lot excluding any streets
or highways, whether dedicated or not dedicated to public use, but
including off-street automobile parking areas and areas of easements.
A lot abutting on two or more streets at their intersection,
where the interior angle of the intersection does not exceed 135°.
The street line running along the front of the lot separating
it from the street. A corner lot has at least two front lot lines.
[Amended 6-4-2001 by Ord. No. 2001-5]
The lot line or lines generally opposite or parallel to the
front lot line. If the rear lot line is less than 10 feet long or
the lot comes to a point at the rear, said rear lot line is assumed
to be a line not less than 10 feet long, lying wholly within the lot,
parallel to the front lot line, or in the case of a curved front lot
line, parallel to the chord of the arc of said front lot line.
[Amended 6-4-2001 by Ord. No. 2001-5]
Any lot line other than a front lot line or a rear lot line.
An interior lot, fronting on two parallel or approximately
parallel streets.
The least permissible width of a lot measured horizontally
along the front lot line.
The production of merchandise or products, or component parts
thereof, for use or sale by means of assembly, extrusion, fabrication,
chemical or biological processing, formulation and/or use of raw material,
labor, machinery and/or tools.
[Added 2-1-2016 by Ord.
No. 2015-22]
The Master Plan of Mount Airy which consists of maps, data,
and other descriptive matter, as a guide for the physical development
of the Town or any portion thereof, including any amendments, extensions
or additions thereto adopted by the Commission and Town Council, or
other public open spaces, public building sites, routes for public
utilities, zoning districts or other similar information.
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an out-patient basis.
A facility in which beer, wine, or other alcoholic beverages
are brewed, fermented, or distilled for distribution and consumption,
and which possesses the appropriate license from the State of Maryland,
Carroll or Frederick County, and/or Town of Mount Airy.
[Added 11-2-2015 by Ord.
No. 2015-19]
Any site, lot, or parcel of ground maintained or intended
for the purpose of supplying a location or accommodation for two or
more mobile homes for living purposes and including all buildings,
structures, vehicles, accessories and appurtenances used or intended
as equipment in such a park.
Any vehicle or similar portable structure having no foundation
other than wheels, jacks or skirting and so designed or constructed
as to permit occupancy for dwelling or sleeping purpose.
Any group of dwelling units combined or separate, used for
the purpose of housing transient guests, each unit of which is provided
with its own toilet, washroom and off-street parking facilities.
A use of a building or of land lawfully existing at the time
this and/or previous ordinances or amendments thereto became effective,
or existing at the time of the application of such ordinances or amendments
to the building or land by reason of annexation, and which does not
conform with the use regulations of the zone in which it is located.
[Amended 4-4-2011 by Ord. No. 2010-14]
Includes rest homes, convalescent homes and homes for the
aged and shall mean a place devoted primarily to the treatment and
care of any persons suffering from illnesses, diseases, deformities
or injuries, not requiring extensive care, but who do require care
in excess of room and board and who need medical, nursing, convalescent,
or chronic care.
Any entity licensed pursuant to § 36-401(c)(4)
on 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 11-6-2023 by Ord. No. 2023-39]
The keeping of any inventory, goods, material or merchandise,
including raw, semi-finished, and finished materials for any period
of time, and as an accessory to the primary use of the establishment,
typically retail. Storage related to a residential use, required vehicular
areas, nurseries, and the display of automobiles or other vehicles
shall not be considered as such.
[Added 9-11-2017 by Ord.
No. 2017-7]
The regular provision of services that entail the boarding
of pet dogs or cats owned by members of the general public for a fee.
Such a facility or establishment may, in addition to providing shelter,
food and water, offer grooming or other services for pet dogs and/or
cats.
[Added 9-14-2015 by Ord.
No. 2015-7]
A facility or establishment, or part thereof, providing socialization,
training, or housing of pet dogs or cats owned by members of the general
public for a fee in the absence of the owner and for less than 24
hours.
[Added 9-14-2015 by Ord.
No. 2015-7]
The provision of care of pet dogs or cats owned by members
of the general public for a fee for less than 24 hours in the absence
of the owner for the purposes of socialization, training, or housing.
[Added 9-14-2015 by Ord.
No. 2015-7]
A facility or establishment specializing in the hygienic
and cosmetic care of pet dogs or cats. Services may include fur trimming
and styling, shampooing, bathing, nail trimming, and other similar
pet grooming services.
[Added 9-14-2015 by Ord.
No. 2015-7]
A structure in which is conducted the primary use of the
lot on which the structure is located.
The primary activity for which a site is used. A principal
use may be either a permitted use, a conditional use, or a legally
existing nonconforming use.
Rooms and/or buildings used for office purposes by a member
of any recognized profession, including doctors, dentists, lawyers,
accountants, engineers, etc., but not including medical or dental
clinics or veterinary clinics.
Includes street, highway, avenue, land, marginal access street,
service drive, alley, bridge, viaduct or any segment thereof.
The temporary and limited display and sales of seasonal products
and goods outside of and immediately adjacent to the front wall or
storefront of a principal building, as part of a permitted use.
[Added 9-11-2017 by Ord.
No. 2017-7]
The area between the street right-of-way line or lot line
and setback line within which no principal structures shall be erected
or placed.
The line that is the required minimum distance from the street
right-of-way line or any other lot line that establishes the area
within which no principal structure shall be erected or placed.
 |
A group of five or more commercial establishments with a
minimum gross floor area of 15,000 square feet that is planned, developed,
owned and managed as a unit with off-street parking provided on the
property and related in size, type and number of shops to the trade
area that the unit services.
Any structure, device, material or thing, illuminated or
otherwise, which displays, or includes any representation used as
an announcement, advertisement, direction, or designation of any person,
firm, group, organization, place, commodity, product, service, business,
profession, enterprise, or industry which is located upon any land,
or any building, in or upon a window or indoors in such a manner as
to attract attention from outside the building.
See âbillboard.â
A sign which directs attention to a business, commodity,
service or other activity conducted upon the premises upon which the
sign is located.
A sign describing the location of a community or institution
of public or quasipublic nature or the opening of an event of public
interest, but not including signs pertaining to real estate.
Nameplates or signs designating home occupations, accessory
uses, such as doctor's office, or similar use, or advertising exclusively
the sale of farm products produced on the premises.
A sign advertising for sale, lease, rental, or development
of any particular premises or directing attention to the opening and
location of a new subdivision, neighborhood, or community.
A grant of a specific use that would not be appropriate generally
or without restriction and shall be based upon a finding that certain
requirements governing special exceptions as specified in this chapter
exist and that the use conforms to the Town Master Plan and is compatible
with the existing neighborhood.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between such floor and the ceiling
next above it. A basement shall be counted as a story. A mezzanine
floor shall be counted as a story, if it covers more than 1/3 of the
area of the floor next below it or if the vertical distance between
the floor next below it and the floor next above it is 20 feet or
more.
A public or dedicated way, or a public proposed right-of-way,
widening, or extension of an existing street or public way shown on
any plan approved by the Commission.
Any change in the structural members of a building, such
as walls, columns, posts, beams, or girders.
An assembly of materials forming a construction for occupancy
or use including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, stagings, observation towers,
radio and TV broadcasting towers, water tanks, trestles, open sheds,
coal bins, shelters, fences, walls, signs, power line towers, pipelines,
railroad tracks, poles and truck bodies, containers and trailers when
used for storage.
Any retail shop, pharmacy, establishment or other business
that as its principal business sells or otherwise distributes tobacco,
products containing tobacco (including cigarettes and cigars) or tobacco
paraphernalia (including pipes).
[Added 11-6-2023 by Ord. No. 2023-39]
One of a group of three or more dwelling units which abut
each other along common party walls without openings, and which has
its own entrance directly from the outside.
Any shop, dispensary or other business or establishment that
as its principal business sells, dispenses, otherwise distributes
products including those containing tobacco, tobacco products, tobacco
paraphernalia, Kratom, Delta-8 tetrahydrocannabinol, including merchandise
or services used for or associated with "vaping" or electronic cigarette
products that deliver or consume any substance intended for human
consumption that can be used by a person by inhalation of vapor or
aerosol produce and provides smoke. Any such business or establishment
selling, dispensing or otherwise distributing such products containing
cannabis shall, for the portion of its business selling such products,
be considered a cannabis business.
[Added 11-6-2023 by Ord. No. 2023-39]
A modification by the Board of Appeals only of dimensional,
density, bulk or area requirements of 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 results of any action taken by
the applicant, a literal enforcement of the chapter would result in
unnecessary hardship, or practical difficulty.
[Amended 12-7-1998 by Ord. No. 1998-6]
A lot arranged, designed, or used for the storage and display
for sale of any motor vehicle or any type of trailer provided the
trailer is unoccupied, and where no repair work is done except minor
incidental repair of automobiles or trailers displayed and sold on
the premises.
A facility in which consultative and hospital services are
rendered to animals on an inpatient or outpatient basis, but without
a crematorium or incinerator device.
[Amended 9-14-2015 by Ord. No. 2015-7]
An open area on the same lot with a principal structure(s)
which lies between such structures(s) and the lot line.
FRONT YARD- The area extending across the full width of the lot lying between the front lot line and the principal structure(s).
REAR YARD- The area extending across the full width of the lot and lying between the rear lot line and the principal structure(s).
SIDE YARD- The area between the side lot line and the principal structure, but not including the front yard or rear yard areas.
 |
A person or agency designated by the Mayor and Town Council,
who administers the zoning regulations and acts as secretary to the
Board of Appeals.
A written statement issued by the 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.
The Zoning Map of the Town of Mount Airy, together with all
amendments thereto subsequently adopted.
