As used in this chapter, the following terms
shall have the meanings indicated:
ACCESSORY DWELLING UNIT (ADU)
A residential living unit on the same parcel as a single-family
dwelling. The ADU provides complete independent living facilities
for one or more persons. It may take various forms: a detached unit,
a unit that is part of an accessory structure, such as a detached
garage, or a unit that is part of an expanded or remodeled dwelling
(see example below).
[Added 11-7-2022 by Ord. No. 1086]
ACCESSORY USE OR BUILDING
A subordinate use or building customarily incidental to and
located on the same lot occupied by the main use or building. The
term "accessory building" may include a private garage, garden shed
or barn, a private playhouse, a private greenhouse and a private swimming
pool when meeting the definition of a building contained herein.
ADULT DAY-CARE FACILITY; DAY-USE FACILITY
A facility operated for the purpose of providing care, protection
and guidance to adults during normal business hours, with no overnight
usage permitted. The facility shall be licensed by the State of Maryland.
AGRICULTURAL SERVICES
Uses which serve or support agriculture, including farm equipment
service, auction sales of animals, feed and grain mills, farmer cooperatives
and agricultural products processing, animal hospitals and veterinary
clinics.
AGRICULTURE
All methods of production and management of livestock, crops,
vegetation and soil. This includes but is not limited to the related
activities of tillage, fertilization, pest control, harvesting and
marketing. It also includes but is not limited to the activities of
feeding, housing and maintaining of animals, such as cattle, dairy
cows, sheep, goats, hogs, horses and poultry, and handling their by-products.
ALARM SYSTEMS OPERATIONS OFFICE
An office for electronic security services for on- and off-site
locations and may include space for dispatchers and other personnel
employed as part of the service.
AMUSEMENTS
Includes bowling alleys, skating rinks, miniature golf courses,
golf driving ranges, amusement parks, rifle, pistol, skeet and archery
ranges, arcades and other similar activities.
ANCILLARY USES
A use permitted only in conjunction with a principal use
permitted in the zoning district. Ancillary uses cumulatively cannot
exceed a certain percent of the gross floor area of the related principal
use as determined by zoning district, shall be located in the same
building as the principal use, and shall be publicly accessed only
through an interior lobby or hallway of the building. Retail uses
shall be designed to principally serve the employers and employees
within the zoning district.
ARCADE
A building or part of a building in which three or more coin-operated
amusement devices are maintained.
AUTO CONVENIENCE MARKET
An establishment where gasoline, motor oil, lubricants, or
other minor accessories are retailed directly to the public on the
premises in combination with the retailing of food and other items
typically found in a convenience store or supermarket. No automotive
repair or service areas are provided on-site.
AUTOMATIC TELLER MACHINE
An automated device that performs banking or financial functions
at a location remote from the controlling financial institution.
AUTO REPAIR OR SERVICE CENTER
A retail establishment where automobile repairs or services
are conducted and/or where automobile parts are sold to the public,
with a minimum building size of 10,000 square feet and on a property
or a lot that is not within the Chesapeake Bay Critical Area as shown
on the Critical Area Map.
[Added 9-15-2014 by Ord.
No. 960]
BAIL BOND BUSINESS
A business operation whereby funds or other property collateral
are paid or posted to the court of jurisdiction to ensure that an
arrested person who is released from jail will show up at all required
court appearances. A bail bondsman is the business person who collects
and posts the required bail on the arrested person's behalf for a
fee and takes responsibility for the court appearances of the persons
to whom such bonds are issued.
[Added 5-3-2010 by Ord. No. 913]
BANK
An establishment for the custody, loan, exchange or issue
of money, for the extension of credit or facilitating the transmission
of funds.
BANQUET HALL
A place of business maintained, in whole or in part, for
public rental for the purpose of private party events, whether family,
group, or corporate in nature, where access by the general public
is restricted, and with or without the sale, serving, or consumption
of alcoholic beverages; additionally, it may have a dance floor greater
than 200 square feet.
[Added 5-3-2010 by Ord. No. 913]
BED-AND-BREAKFAST
A residential dwelling, or part thereof, providing overnight
accommodations to transients for compensation.
[Added 5-4-2009 by Ord. No. 904]
BOARD OF APPEALS
The Board of Appeals as established by ordinance of the Mayor
and City Council of Havre de Grace.
BODY ART ESTABLISHMENT
Any permanent premises, business, location or facility, used
or operated in whole or in part where body piercing, permanent cosmetics
application or tattooing occurs.
[Added 4-3-2023 by Ord. No. 1099]
BOOKSTORE
An establishment primarily engaged in the retail sale of
hardbound and softbound books and magazines. The reading material
and ancillary products for sale at these establishments shall not
be of an obscene nature. A coffee shop or coffee bar shall be a permitted
accessory use, subject to Health Department approval.
[Amended 5-4-2009 by Ord. No. 904]
BOUTIQUE HOTEL
A building containing up to 25 lodging units intended primarily
for rental to transients in unique settings with upscale accommodations.
Boutique hotels are generally intended to provide accommodations to
tourists and guests of private events at the facility while also providing
additional amenities such as meals prepared on site, meeting rooms,
banquet halls and recreation facilities. Boutique hotels may also
be part of a mixed-use project.
[Added 4-15-2019 by Ord.
No. 1014]
BREWERY/WINERY/DISTILLERY
Facility used for the production of beer, hard cider, wine
or other alcoholic beverages where such beverages are brewed, fermented
or distilled for consumption on site, sale as packaged goods or wholesale
distribution which possesses the appropriate license from the State
of Maryland. These facilities may have accessory uses such as bars,
restaurants, meeting halls, and recreational amenities.
[Added 4-15-2019 by Ord.
No. 1014]
BUILDING
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or goods, including tents, cabins or trailers.
BUILDING, HEIGHT OF
The vertical distance derived from the average finished grade
at the foundation corners of the building or structure to the highest
point of the building or structure, excluding a chimney or other similar
structures.
BUSINESS SCHOOL
A noncollege degree-granting school offering courses in office
machine operation, computers, data processing, software, secretarial
and related skills.
BUSINESS SUPPORT SERVICES
A business operation engaged in providing office-oriented
support services to business and industry. These operations may include,
but are not limited to, accounting, auditing, bookkeeping, business
management consulting, consumer credit reporting, mailing list development
and preparation, payroll processing, secretarial, stenographic and
telephone answering services.
CAFETERIA/LUNCHROOM/SNACK BAR/AUTOMAT
An institutional food service facility primarily devoted
to providing for the needs of on-site employees, although the general
public need not be excluded. Public cafeterias are included in the
definition of "restaurants."
CANNABIS
All ,parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, whether growing or not; the seeds thereof;
the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or resin. For the purposes
of this section the terms "cannabis" and "marijuana" shall have the
same meaning.
[Added 4-3-2023 by Ord. No. 1099]
CANNABIS DISPENSARY
An entity that acquires, possesses, transfers, transports,
sells, distributes, dispenses, or administers cannabis, products containing
cannabis, related supplies, related products containing cannabis,
including edible cannabis products, tinctures, aerosols, oils, or
ointments, or educational materials as licensed by the State of Maryland.
[Added 4-3-2023 by Ord. No. 1099]
CANNABIS GROWER
An entity that cultivates or packages cannabis and is authorized
by the State of Maryland to provide cannabis to a processor, dispensary,
or independent testing laboratory.
[Added 4-3-2023 by Ord. No. 1099]
CANNABIS PROCESSOR
An entity that transforms cannabis into another product or
extract and packages and labels cannabis as licensed by the State
of Maryland.
[Added 4-3-2023 by Ord. No. 1099]
CBD SHOP
A storefront that acquires, possesses, transfers, transports,
sells, distributes, dispenses, or administers CBD, products containing
CBD, related supplies, related products containing CBD, including
edible CBD products, tinctures, aerosols, oils, or ointments, or educational
materials. Products that contain CBD and cannabis in amounts that
require licensing by the State of Maryland to dispense are considered
cannabis.
[Added 4-3-2023 by Ord. No. 1099]
CASH FOR GOLD BUSINESS
As a sole business operation the purchase or sale of gold
or a precious metal object as regulated by the State of Maryland defined
as "a precious metal containing gold, iridium, palladium, platinum
or silver, a precious or semiprecious stone, or a pearl, that is or
appears to be attached to or inlaid in a precious metal or alloy of
a precious metal; or an object that is composed of a precious metal
or precious metal alloy if at least 25% of the object's weight is
precious metal or the market value of the metal in the object lies
primarily in the precious metal component."
[Added 5-3-2010 by Ord. No. 913]
CATERING FACILITY
An establishment that prepares, serves, and supplies food
in large quantities to be delivered and consumed off premises. Deliveries
of food products occur on a regular basis.
[Added 5-3-2010 by Ord. No. 913]
CEMETERY
A burial ground, burial place or graveyard containing tombs,
sepulchers, graves, crypts, vaults or mausoleums.
CHILD-CARE FACILITY
Any facility licensed by the State of Maryland operated for
the purpose of providing care, protection and guidance to more than
eight children separated from their parents or guardian during part
of the day only.
CHURCH
A building for worship and religious instruction, including
a meeting house, mission, temple, cathedral, synagogue, mosque, chapel,
shrine or convent.
CITY
The Mayor and City Council of Havre de Grace or the geographical
area within the municipal boundaries defined in the Charter of the
Mayor and City Council of Havre de Grace.
CLUB
A structure or land area used by a private club or social
organization for purposes other than profit or gain and for some common
objective, including fellowships, societies, lodges, brotherhoods,
fraternal orders, sisterhoods and sororities, and recreation structures
and areas operated by such associations for the benefit of the membership,
including golf clubs and country clubs.
COIN-OPERATED AMUSEMENT DEVICE
Any mechanical or electronic machine, including, without
limitations, any claw machine, pinball machine, shuffleboard, mechanical
bowling game, or video game or any similar device for public amusement
whose operation requires the insertion of a coin or token and the
result of whose operations depends in whole or in part upon the skill
of the operator whether or not it affords an award to a successful
operator.
COLLEGE, UNIVERSITY or SEMINARY
An institution of higher education, including teaching and
research, and offering a course of general studies leading to advanced
academic degrees. The institution may include related facilities,
such as, but not limited to, classroom buildings, libraries, laboratories
(functioning within the limits of the zoning district), dormitories
(except where specifically prohibited), administration, physical plant,
dining hall, campus center, theater, student gymnasium, stadium and
fieldhouse.
COMMERCIAL ARTIST OR PHOTOGRAPHER'S STUDIO
A facility primarily engaged in painting, photographic, graphic
art and other art forms or video services of a nonobscene nature.
The film development component of the facility shall not exceed 25%
of the gross floor area of the principal use.
COMMERCIAL PARKING FACILITY
An off-street parking lot or structure available to the public
for compensation, but may be used to accommodate employees, customers
and clients.
COMMERCIAL RECREATION, INDOOR
A sports or activity facility open to the general public
for a fee. These include, but are not limited to, roller or ice skating
rink, bowling alley, billiard hall, dart pavilion, amusement arcade
(video, pinball and others), bingo parlors, swimming pools, hard and
soft courts, paint ball arena, and miniature golf.
COMMUNITY FACILITIES
Public or private parks, reservations, sanctuaries, reserves,
preservation areas, conservation areas, open space, playgrounds, athletic
fields, courts, community centers, community halls and similar facilities.
COMMUNITY RESIDENTIAL FACILITY
Any dwelling licensed, certified, or authorized by state,
federal, or local authorities as a residence, for example, but not
limited to, children or adults with physical, developmental or mental
disabilities, dependent children or elderly individuals in need of
supervision, support and/or independent living training. Does not
include halfway house, crisis residential center, or secure community
transition facility. May include specialized group home for the developmentally
disabled, group care facility for children, and boarding home.
[Added 5-3-2010 by Ord. No. 913]
COMMUNITY TREATMENT FACILITY
Any dwelling or place licensed, certified, or authorized
by state, federal, or local authorities as a residence and treatment
facility, for example, but not limited to, children or adults with
mental disabilities, alcoholism, or drug abuse problems needing a
supervised living arrangement and rehabilitation services on a short-term
or long-term basis. Does not include detoxification centers, halfway
house, crisis residential center or secure community transition facility.
May include alcohol and/or drug abuse treatment facilities and adult
treatment facilities.
[Added 5-3-2010 by Ord. No. 913]
CONFERENCE CENTER
A building or a portion of a building that has a permitted
capacity in excess of 10 persons at which meetings and conferences
are held for compensation.
COPY SHOP
A retail establishment that provides duplicating services
using photocopying, blueprint, and offset printing equipment, and
may include the collating and binding of booklets and reports.
CORPORATE HOUSING
A furnished apartment or house that is rented on a temporary
basis to individuals, military personnel or companies as an alternative
to an extended hotel stay.
[Added 5-4-2009 by Ord. No. 904]
CULTURAL ARTS CENTER
An establishment for the presentation of art, scientific,
cultural or historical materials, music, live theatrical or musical
productions, but not including dinner theaters. These include, but
are not limited to, museums, noncommercial art galleries, arboreta,
aquariums, botanical or zoological gardens, auditoriums, and music
conservatories.
DATA PROCESSING AND COMPUTER SERVICES
An establishment primarily involved in the compiling, storage,
and maintenance of documents, plans, records, and other types of information
in digital form utilizing a mainframe computer. This term does not
include general business offices and computer-related sales and service
establishments.
DECK
An open floor structure of wood or other durable material,
attached to or detached from a dwelling, which may include stairways,
protective guards and railings, but does not include roof or roof
lattice cover, enclosure walls other than those of the dwelling, and
enclosed foundation system. A deck shall be deemed to be used for
the purposes of unsheltered outdoor lounging, private assemblage and
passive recreation only.
[Amended 5-4-2009 by Ord. No. 904]
DRY CLEANERS
An establishment for the cleaning of clothing, draperies,
fabrics, and other articles with a chemical or liquid other than water.
Besides the cleaning facility, there may be a customer dropoff and
pickup area in the establishment.
DRY CLEANERS, PICKUP AND DROPOFF
A facility solely for the purpose of dropping off and picking
up of articles to be dry cleaned. No cleaning facilities are permitted
on the premises.
DWELLING
A building arranged, intended or designed to be occupied
by one or more families living independently of each other upon the
premises.
DWELLING, APARTMENT
A building containing four or more dwelling units accessing
from a common entry.
[Added 5-4-2009 by Ord. No. 904]
DWELLING, DUPLEX
A building on a single lot containing two dwelling units
located one above the other or side by side, which do not share a
common entry.
[Added 5-4-2009 by Ord. No. 904]
DWELLING, MULTI FAMILY
A detached building located on a single lot or parcel and
designed for or used for residence purposes by three or more families
or housekeeping units. Such buildings include apartments, multiplexes
and single-family residences converted to multifamily use.
[Amended 5-4-2009 by Ord. No. 904; 12-18-2023 by Ord. No. 1132]
DWELLING, MULTIPLEX
A building containing three or more attached dwelling units
having common walls and/or a common roof with a separate entry for
each unit.
[Added 5-4-2009 by Ord. No. 904]
DWELLING, SEMIDETACHED
A building containing two attached dwelling units which share
a common wall at the lot line and which are on separate lots.
[Added 5-4-2009 by Ord. No. 904]
DWELLING, SINGLE-FAMILY ATTACHED
A series of two or more buildings with one or more vertical
division or common walls, each of which is designed for or used for
residence purposes by one family or housekeeping unit. Such buildings
include duplexes, semi-detached dwellings and townhouses.
[Amended 5-4-2009 by Ord. No. 904]
DWELLING, SINGLE-FAMILY DETACHED
A detached building designed for or used for residence purposes
by one family or housekeeping unit, located on a single lot and detached
from any other dwelling.
[Amended 5-4-2009 by Ord. No. 904]
DWELLING, TOWNHOUSE
A building containing three or more attached dwelling units
in a row having individual access from the front and rear of each
unit.
[Added 5-4-2009 by Ord. No. 904]
DWELLING UNIT
One or more rooms with provision for cooking, living, sanitary
and sleeping facilities arranged for the use of one family.
EDUCATIONAL FACILITIES, PRIMARY/SECONDARY
A parochial, private, or public facility that provides a
state-required curriculum of elementary and secondary academic instruction.
Such facilities include kindergartens, elementary schools, middle
schools, and high schools.
FAMILY
One or more individuals living independently as a single
housekeeping unit and using cooking facilities and rooms in common.
A family shall not be deemed to include the collective occupants of
a boardinghouse, lodging house or hotel.
FAMILY DAY CARE
The care given to a child younger than 13 years old or to
a developmentally disabled person younger than 21 years old in place
of parental care for less than 24 hours a day, in a residence other
than the child's residence, for which the provider is paid in cash
or in kind.
FAMILY DAY-CARE HOME
A residence, registered under Title 07, Subtitle 04, Chapter
01, of the Annotated Code of Maryland by authority of the Family Law
Article, §§ 5-550 through 5-557, which offers or supplies
child care for no more than eight children, excluding those of the
family day-care provider, for less than 24 hours a day and on a regular
schedule more often than 20 hours per month.
FENCE
A barrier of wood, masonry, stone, wire, metal or other manufactured
fencing material, or of natural material such as hedges or living
bushes or shrubs, or a combination of materials erected as an enclosure
or to separate areas of land.
[Added 5-4-2009 by Ord. No. 904]
FENCE, OPEN CONSTRUCTION
A fence, including gates, which contains no greater than
60% opaque material as measured horizontally along each three feet
of the length of the fence.
[Added 5-4-2009 by Ord. No. 904]
FENCE, SECURITY
A fence erected for the express purpose of protecting an
enclosed area and the property therein, or a fence intended to deny
access to a dangerous property or location.
[Added 5-4-2009 by Ord. No. 904]
FENCE, SOLID CONSTRUCTION
A fence, including gates, which conceals or screens the property
located behind it from the view of adjoining properties, streets or
lanes and which contains greater than 60% opaque material as measured
horizontally along each three feet of the length of the fence.
[Added 5-4-2009 by Ord. No. 904]
FINANCIAL INSTITUTION
Any establishment for which the primary business is concerned
with such state or federally regulated activities as banking, savings
and loans, and consumer loan companies.
FREESTANDING MEDICAL FACILITY (FMF)
As defined in the current Maryland Health Care Commission
Regulations COMAR 10.24.19.05 (8) et seq., as may be amended from
time to time.
[Added 2-5-2018 by Ord.
No. 996]
FREIGHT TERMINAL
The end, intermediate stop or headquarters of a carrier line,
such as a railroad, trucking line, shipping line or airline, including
classifying yards, dock and lighterage facilities, management offices
or storage sheds relating to the transportation of freight.
FUNERAL ESTABLISHMENT
An establishment with facilities for the preparation of the
dead for burial, for cremation, for the viewing of the body or for
funerals.
GARAGE
A building or part thereof including a carport, used for
the storage or parking of one or more vehicles.
GAS STATION
A retail establishment for servicing motor vehicles generally
with fuel and lubricants, sometimes including ancillary facilities
for mechanical repairs, including filling stations, service stations,
self-service motor fuel sales and car-care centers.
GOLF COURSE
An area of land laid out for the game of golf with a series
of nine or 18 holes each including tee, fairway and putting green
and one or more natural or artificial hazards.
GREENHOUSES
An enclosure for the cultivation of plants, including nurseries,
hothouses and arboretums.
HALFWAY HOUSE
Any dwelling or place licensed, certified or authorized by
state, federal, or local authorities, for example, but not limited
to, inmates on release from more restrictive custodial confinement
or initially placed in lieu of such more restrictive custodial confinement,
wherein supervision, rehabilitation, and counseling are provided to
transition residents back into society, enabling them to live independently.
[Added 5-3-2010 by Ord. No. 913]
HARDWARE STORE
A facility of 30,000 or fewer square feet gross floor area,
primarily engaged in the retail sale of various basic hardware lines,
such as tools, builders' hardware, plumbing and electrical supplies,
paint and glass, housewares and household appliances, garden supplies
and cutlery; if greater than 30,000 square feet, such a facility is
a "home improvement center."
HAZARDOUS MATERIAL OR PROCESS (HAZMAT)
A substance or activity involving any substance listed in
40 CFR Part 355, Appendix A, as an extremely hazardous substance (EHS)
when that substance is stored, generated, used or released in quantities
equal to or greater than the lowest quantity listed for either the
threshold planning quantity (TPQ) or reporting quantity (RQ) for the
substance.
HEALTH CARE FACILITY
An establishment engaged in furnishing medical equipment,
surgical or other services to individuals, including medical and dental
laboratories, patient care facilities, blood banks and miscellaneous
types of medical supplies and services, but not to include the offices
of physicians, dentists and other health care practitioners. The term
"health care facility" does not include a residence which serves persons
as an alternative to incarceration for a criminal offense or persons
whose primary reason for placement is substance or alcohol abuse.
[Added 5-4-2009 by Ord. No. 904]
HEALTH SPA
A facility in which memberships in a program of physical
exercise or the rights and privileges to use one or more of the following
are sold: sauna, whirlpool, weightlifting room, massage, steam room,
or exercising machine or device.
HELISTOP or HELIPAD
An area designated to accommodate touchdown and liftoff of
helicopters for the purpose of picking up and discharging passengers
or cargo. The area shall contain no operational facilities other than
one tie-down space and such additional facilities as are required
by law, ordinance or regulation.
HOME IMPROVEMENT CENTER
A facility of more than 30,000 square feet gross floor area,
primarily engaged in the retail sale of various basic hardware lines,
such as tools, builders' hardware, plumbing and electrical supplies,
paint and glass, housewares and household appliances, garden supplies
and cutlery.
HOME OCCUPATION
Any occupations or activities which are clearly incidental
and secondary to the use of the premises for dwelling purposes, not
detrimental to the neighborhood, carried on by a member of a family
residing on the premises, in connection with which there is not display
or storage of materials or generation of substantial volumes of vehicular
or pedestrian traffic or parking demand or other exterior indication
of the home occupation or variation from the residential character
of the building, and in connection with which no more than two persons
outside the resident family are employed and no equipment used which
creates offensive noise, vibration, smoke, dust, odor, heat or glare.
When within the above requirements, a home occupation includes, but
is not limited to, the following: professional office of a physician,
dentist, lawyer, engineer, architect, accountant, salesman, real estate
agent, insurance agent, art studio, tailoring and dressmaking, hairdressing,
boat building, decoy carving, cabinetmaking, home crafts, teaching
limited to two pupils at a time or other similar occupation. "Home
occupation" shall not include family day-care home services.
HOSPITAL, GENERAL
As defined in the current Maryland Health Care Commission
Regulations COMAR 10.07.01.01 et seq., as may be amended from time
to time.
[Added 2-5-2018 by Ord.
No. 996]
HOTEL
A building or group of buildings containing 64 or more guest
rooms or suites to be used for temporary lodging of transients, available
at not less than daily rates, to the general public. Ingress and egress
to and from all guest rooms or suites shall be made through an inside
lobby with a registration desk which is attended by a person in charge
at all times. Facilities provided, above and beyond guest registration,
guest rooms or suites and maid service, may include, but are not limited
to, banquet and reception facilities, barber and beauty shops, business
traveler support centers or services, concierge services, exercise
rooms, incidental merchandise sales, meal and beverage services and
establishments, meeting rooms, and swimming pools.
HOTEL, EXTENDED STAY
A hotel designed for long-term transient lodgers (more than
five days), which typically contains a kitchen or kitchenette in each
guest room or suite and a laundry facility on site for the transient
lodger's use.
HOTEL, FULL SERVICE
A hotel which contains at least one full-service restaurant,
bar/lounge, exercise room and indoor swimming pool as part of the
facility's amenities. A full breakfast is typically available to the
transient lodger on site.
HOTEL, LIMITED SERVICE
A hotel which does not provide a full-service restaurant
as part of the facility's amenities. Complimentary continental meal
services are made available to the transient lodger on site.
HOTEL AND CONFERENCE CENTER
A grouping of a hotel and a conference center, designed,
developed and managed as an integral entity wherein the conference
center is located either in a separate building adjoining a hotel
or in a portion of a hotel building.
INDEPENDENT CANNABIS TESTING LABORATORY
A facility, entity, or a site that offers or performs tests
related to the inspection and testing of cannabis and products containing
cannabis as licensed by the State of Maryland.
[Added 4-3-2023 by Ord. No. 1099]
LABORATORY
An establishment whose principal purpose is the research,
compounding and/or packaging of scientific products, which may include
light manufacturing.
[Amended 5-3-2010 by Ord. No. 913]
LIGHT MANUFACTURING
The manufacture or assembly of medical or dental equipment,
drafting, optical and musical instruments, watches, clocks, toys,
games, electrical apparatus or equipment, communication equipment,
photographic or metering equipment, electrical appliances, tools,
dies, machinery, hardware products or the compounding of cosmetics,
toiletries, drugs and pharmaceutical products.
LIQUOR STORE
A facility licensed by Harford County for the sale of alcoholic
beverages for off-premises consumption under Article 2B, Title 6,
Subtitle 1, of the Annotated Code of the State of Maryland.
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
road as defined herein. The word "lot" includes the term "plot."
LOT AREA
The total horizontal area included within lot lines.
LOT, CORNER
A lot abutting on two or more roads at their intersection
or upon two parts of the same road forming an interior angle of less
than 135°.
[Added 5-4-2009 by Ord. No. 904]
LOT COVERAGE
The lot area that is occupied by the building area. The total
of areas calculated on a horizontal plane at the main grade level
of the principal building and all accessory buildings exclusive of
uncovered porches, terraces and steps.
LOT LINE, FRONT
The line separating the lot from the street right-of-way
upon which it fronts. In the case of a corner or through lot, it shall
be the line separating said lot from the street right-of-way as determined
by the Department of Planning to be the front yard at the time of
a request for a building permit.
[Amended 7-17-2023 by Ord. No. 1111]
LOT LINE, REAR
The lot boundary opposite and more distant from the front
lot line. In the case of a pointed or irregular lot, it shall be an
imaginary line parallel to and farthest from the front lot line, not
less than 10 feet long and wholly within the lot.
LOT LINE, SIDE
Any lot line that is not a front lot line or a rear lot line.
LOT, PANHANDLE
A lot, with the appearance of a frying pan or flag and staff,
which does not meet the minimum frontage requirements and where the
handle provides access to a public street.
[Added 5-4-2009 by Ord. No. 904]
LOT, THROUGH
A lot which fronts upon two parallel roads with a thirty-six-foot
right-of-way or greater or which fronts upon two roads with a thirty-six-foot
right-of-way or greater which do not intersect at the boundary of
the lot or which is bounded on one side by a road with a thirty-six-foot
right-of-way or greater and on the opposite side by a navigable waterway
and which has no rear lot line.
[Added 5-4-2009 by Ord. No. 904; amended 7-17-2023 by Ord. No. 1111]
LOT WIDTH
The width of the lot measured at the building setback line.
MANUFACTURING
The process of making a product using machinery or by hand
when carried on systematically with division of labor including, without
limitations:
A.
Compounding or assembling of articles using
the following prepared materials: bone, shell cellophane, fur, cork,
fiber, wax, glass, leather, plastics, rubber, stone, textile, cloth,
tobacco, paper, wood, wood products and metals.
B.
Manufacture of ceramic products using only previously
pulverized clay and kilns fired by electricity or gas.
C.
Manufacture or assembling of any of the following
finished products from prepared materials: musical instruments, clocks,
watches, office equipment, toys, novelties, electrical appliances,
medical instruments, medical supplies, electronic devices, sheet metal
products, machine tools and machinery.
D.
Manufacture, compounding, processing, packaging or treatment
of cosmetics, soap products, pharmaceuticals, food products, beverages,
except fish and meat products, sauerkraut, vinegar, yeast and rendering
of fats and oils, excluding distilleries, brewpubs, and microbreweries.
[Amended 4-16-2018 by Ord. No. 1001]
F.
Laundry, clothes cleaning, dyeing, carpet cleaning
and linen supply.
G.
Bottling plants or distribution stations for
beverages.
H.
Manufacture and repair of signs, sheet metal
products, heating and ventilation equipment.
I.
Printing and publishing plants.
J.
Metal finishing, plating and foundries.
L.
Mineral extraction and processing on ten-acre
parcels 600 feet from a residential district.
M.
Manufacture and storage of portland and bituminous
concrete products.
N.
Truck, rail and barge loading and distribution
facilities.
O.
Manufacturing, processing, storage and resale
of chemicals.
MARINA
A dock or basin providing moorings for boats and yachts and
often offering supplies, repairs, storage and related facilities,
including dry docks, wharves, piers, landings, jetties, breakwaters,
boathouses and boat sales.
MASSAGE
As an ancillary use to a business, where persons obtain therapeutic
massage treatment and/or advice by Maryland State licensed professionals
or where persons use facilities for nonsexual relaxation purposes.
[Added 5-3-2010 by Ord. No. 913]
MEDICAL OR DENTAL LABORATORY
An establishment engaged in providing professional analytic
or diagnostic services to the medical, dental, or other health services
professions, or to the patient on a prescription basis. These establishments
include denture laboratories and prosthetic facilities. Manufacturing
is prohibited, except for eyeglass, contact lens and denture manufacturing.
MEDICAL OR DENTAL OFFICE
A facility engaged in the examination, diagnosis and treatment
of medical, chiropractic, ophthalmologic, dental, podiatric or other
health-care patients. These facilities may include administrative
and clerical operations of the practice, but do not include overnight
facilities for patients.
MICROBREWERY
A brewery that produces more than 50 barrels and less than
15,000 barrels of beer per year with 75% or more of its beer sold
off site. Microbreweries sell to the public by one or more of the
following methods: the traditional three-tier system (brewer to wholesaler
to retailer to consumer); the two-tier system (brewer acting as wholesaler
to retailer to consumer); and, directly to the consumer through carry-outs
and/or on-site tap-room or restaurant sales. A microbrewery shall
possess a State of Maryland Class 7 microbrewery license in accordance
with Md. Ann. Code, Art. AB, § 2-209, and comply with all
requirements of that classification as it existed on March 1, 2018,
as well as any applicable regulations promulgated by the Liquor Control
Board of Harford County.
[Added 4-16-2018 by Ord.
No. 1001]
MOTEL
A building, or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
primarily for transient automobile travelers, and provided with accessory
off-street parking facilities. The term "motel" includes buildings
designed as tourist courts, motor lodges and auto courts but shall
not be construed to include mobile or immobile trailers or mobile
homes.
MUSEUM
A building, place, or institution devoted to the acquisition,
conservation, study, exhibition, and educational interpretation of
objects having scientific, cultural, historical, or artistic value,
or if its primary purpose and operation is to commemorate the unique
and historic significance of the property upon which it is situated,
shall be a permitted use in all zoning districts.
[Added 5-3-2010 by Ord. No. 913; amended 7-15-2019 by Ord. No. 1022]
NATIONAL REGISTER OF HISTORIC PLACES
The official list, maintained by the National Park Service
of the United States Department of the Interior, of historic resources
considered by that agency to be worthy of preservation.
[Added 5-3-2010 by Ord. No. 913]
NEIGHBORHOOD CONVENIENCE STORE
An establishment primarily engaged in the provision of frequently
or recurrently needed goods for household consumption, such as prepackaged
foods and beverages, and limited household supplies and hardware.
Such convenience stores shall not include fuel pumps or the selling
of fuel for motor vehicles.
NONCONFORMING STRUCTURE
A structure that was lawfully constructed at the time the
building was permitted, but which, because of subsequent changes to
City Code, the structure would no longer be permitted.
[Amended 4-3-2023 by Ord. No. 1099]
NONCONFORMING USE
A use that was allowed under the Zoning Code at the time
the use was established, but which, because of subsequent changes
to City Code, the use is no longer permitted.
[Amended 4-3-2023 by Ord. No. 1099]
OFFICE
A facility in which the administrative activities, recordkeeping,
clerical work and other similar affairs of a business, government,
industry, nonprofit organization, and professional service are conducted
and, in the case of professions such as accountants, banking, dentists,
engineers, insurance, investment, lawyers, physicians and real estate,
the facility where such professional services are rendered.
[Amended 5-3-2010 by Ord. No. 913]
OPEN SPACE
The area within the boundaries of a development that is permanently
set aside for public or private use and will not be developed. Open
space may be used as community open space and green space. Open space
may include, but shall not be limited to: walkways and trails, active
and passive recreation areas, undisturbed natural areas, wooded areas,
natural creeks, streams, lakes and similar water features, man-made
lakes designed to be an attractive development amenity, but which
also may be used for stormwater management, stormwater management
dry ponds which are landscaped or contain existing trees, and areas
where buffering, landscaping or screening are required under City
Code.
[Amended 12-18-2023 by Ord. No. 1132]
OPEN SPACE, ACTIVE
Open space used for sports, exercise, walking, running, biking,
or active play.
[Added 12-18-2023 by Ord. No. 1132]
OPEN SPACE, COMMUNITY
The area of open space remaining after open space/green space
has been designated, which may include active or passive open space.
[Added 12-18-2023 by Ord. No. 1132]
OPEN SPACE, GREEN SPACE
Open space maintained in a natural, undisturbed or revegetated
condition that is not accessible to the community, including conservation
easements.
[Added 12-18-2023 by Ord. No. 1132]
OPEN SPACE, PASSIVE
Open space similar to green space that is accessible to the
community for sitting, relaxing or other non-active uses.
[Added 12-18-2023 by Ord. No. 1132]
OUTSIDE SALES
Display or sale of goods where more than 25% of the total
display or sales area is not contained within a permanent structure.
PACKAGE, TELECOMMUNICATIONS, AND COURIER SERVICE OFFICE
An operations office for the dispatching, coordination, preparation
and routing of package pickup and delivery of items weighing less
than 100 pounds, or telephone message system. This does not include
the distribution facility from which packages are either received
or dispatched.
PAIN MANAGEMENT CLINIC
A privately owned pain management clinic, facility or office
which advertises in any medium for any type of pain management or
addiction services, or employs a physician who is primarily engaged
in the treatment of pain or addictions by prescribing or dispensing
controlled substance medications as defined by the United States Food
and Drug Administration, and is required to register with the Maryland
Department of Health. A physician or group of physicians that is primarily
engaged in the treatment of pain or addictions by prescribing or dispensing
controlled substance medications when the majority of the patients
seen are prescribed or dispensed controlled substance medications
for the treatment of chronic nonmalignant pain or addictions. A pain
management clinic does not include a facility primarily engaged in
physical therapy, nor does it include a facility whose primary services
involve inpatient treatment programs for persons suffering or diagnosed
with mental health or addiction conditions.
[Added 2-7-2022 by Ord. No. 1064]
PARKING FACILITY
A structure or part of a building in which: a) parking space
is provided, except for commercial or public utility vehicles or dead
storage; and b) some or all of the parking spaces are nonaccessory.
A public parking facility may include accessory off-street parking
spaces limited to such spaces which are accessory to other uses on
the same zoning lot.
[Amended 5-3-2010 by Ord. No. 913]
PARKING LOT
A tract of land which a) is used for parking, except for
commercial or public utility vehicles or dead storage; and b) is not
accessory to a use on the same or another zoning lot.
[Added 5-3-2010 by Ord. No. 913]
PAWNBROKING
A business which loans money or deposits or pledges on personal
property or other valuable things, other than securities or printed
evidence of indebtedness, or which deals in the purchasing of personal
property or other valuable things on condition of selling the same
back at a stipulated price.
[Added 5-3-2010 by Ord. No. 913]
PAWN SHOP
A business engaged in the loaning of money on the security
of property pledged in the keeping of the pawnbroker and the incidental
sale of such property.
[Added 5-3-2010 by Ord. No. 913]
PAYDAY ADVANCE BUSINESS
A business that provides a cash advance loan that is offered
for a short period to a borrower to meet an urgent financial requirement.
The cash advance is provided to the borrower against his or her next
employment paycheck. Repayment to the lender is for the full amount
of the advance plus interest.
[Added 5-3-2010 by Ord. No. 913]
PERSONAL SERVICE SHOPS
Includes barbershops, beauty shops, shoe repair shops, laundry
and dry-cleaning pickup shops, licensed massage therapy, nails and
hair salons, spa, and wellness centers.
[Amended 5-3-2010 by Ord. No. 913]
PERSON
Includes profit or nonprofit corporations, companies, partnerships
and individuals.
PHARMACY
Retail business engaged in the preparation and sale of prescription
and nonprescription drugs, the sale of first-aid items, vitamins,
and health aids, and the sale or rental of medical and therapeutic
equipment for home use, such as wheelchairs, crutches, whirlpools,
vaporizers, walkers, and canes.
PHOTOGRAPHY RETAIL STORE
A facility primarily engaged in the retail sale, lease, and
service of photography equipment and supplies, including limited on-site
film processing or development.
POST OFFICES
Includes United States Postal Service and commercial mailing
service operations.
PREMISES
A tract of land with the buildings thereon.
PUBLIC UTILITY STRUCTURES
A building or structure used to facilitate the distribution
of such public commodities or services as communications, electric,
gas, sanitary sewer, storm sewer, and water. Such structures shall
include, but are not limited to, capacitor banks, capacitor rack units,
gas regulator stations, pumping stations, substations, switchgear,
telecommunication towers, transformers, utility poles, and water towers.
This definition does not include transmission lines or structures,
maintenance or storage buildings, and maintenance or storage yards.
QUICK-SERVICE FOOD STORE
Any retail establishment offering for sale prepackaged food
products, household items and other goods commonly associated with
the same and having a gross floor area of less than 5,000 square feet.
This definition shall not include restaurants, drive-in restaurants,
carry-out restaurants or food delivery service businesses.
RECEPTION OR MEETING HALL
A building, facility, room, or portion thereof, which is
rented, leased or otherwise made available to any person or group
for a private event or function, that is not open to the general public,
whether or not a fee is charged.
[Added 5-3-2010 by Ord. No. 913]
REHABILITATE
To restore to a former capacity or condition of useful and
constructive activity.
REPAIR
To restore by replacing a part of by putting together what
is broken.
RESEARCH AND DEVELOPMENT FACILITY
An establishment primarily used for the administration and
conduct of investigation, examination, prototype production, experimentation,
testing and/or training aimed at the discovery and interpretation
of facts, theories, and/or practical application of the above to products
or processes. Prototype manufacturing shall be permitted as an accessory
use if it complies with the requirements under the definition of "light
manufacturing" in the applicable zoning district.
RESTAURANT
A public eating place, including a public dining room, lunchroom,
luncheonette, cafe, tea room, coffee house, coffee shop, tavern, grill,
lunch counter, drive in, snack bar, cafeteria and dining hall, for
the sale and consumption of food and nonalcoholic and alcoholic beverages.
[Amended 5-4-2009 by Ord. No. 904]
RESTAURANT, COMMERCIAL/RECREATION
Any establishment which provides as a principal use the combination
of family-oriented recreation and on-premises dining where neither
the recreation nor the on-premises dining is clearly accessory to
the operation of the other. For the purpose of this definition, "recreation"
may include, but is not limited to, television and motion pictures,
sound and sight systems, mechanical and/or electronically operated
games, animated mechanical devices and/or rides, and live entertainment.
RESTAURANT, DRIVE-IN/DRIVE-UP OR DRIVE-THROUGH
Any establishment dispensing prepared food or drinks ready
for consumption at the time of sale where the customers are either
served in their vehicles or at a drive-through or walk-up window or
service unit.
RESTAURANT, FULL SERVICE
Any establishment whose principal business is the sale of
food and beverages to the customer in a ready-to-consume state and
whose design or principal method of operation is such that customers,
provided with an individual menu, are served food and beverage by
a restaurant employee at the same table at which said items are consumed.
RESTAURANT, LIMITED SERVICE
A retail food service establishment without table service
provided to customers. Walk-up counter and carry-out trade is a primary
portion of the facility. Such establishments include fast-food restaurants,
food delivery services, carry-out restaurants and delis.
RETAIL SALES AND SERVICES
An establishment primarily engaged in the retail sale of
goods, services, and/or products. Such uses may include incidental
food service.
[Amended 5-3-2010 by Ord. No. 913]
ROOMING HOUSE
A building, or part thereof, which has a common entrance
and which contains at least two but not more than six living and sleeping
rooms without individual food preparation areas associated with each
living unit, designed to be occupied or used by individuals or groups
of individuals for compensation. The term "rooming house" does not
include a residence which serves persons as an alternative to incarceration
for a criminal offense or persons whose primary reason for placement
is substance or alcohol abuse.
[Amended 5-4-2009 by Ord. No. 904]
SCHOOL
An institution which provides instruction, including night
schools, day schools, summer schools, vacation schools, correspondence
schools, preschools, nursery schools, private schools, primary schools,
secondary schools, colleges, academies, junior colleges, vocational
schools, trade schools, art schools, dancing schools, music schools,
religious schools and military schools.
SCHOOL OF SPECIAL INSTRUCTION
A facility for the private instruction of skills or activities
not directly related to employment. These facilities may include,
but are not limited to, dance studio, music studio (not a conservatory),
martial arts school, gymnastics academy, and exercise studio having
no locker room or shower facilities.
SPECIAL DEVELOPMENT
A use permitted in the R, R-1, and R-2 Residential Districts
upon approval of a concept plan for the use by the Planning Commission
as provided herein.
[Added 8-19-2003 by Ord. No. 845]
SPECIAL EXCEPTION
A grant of a specific use by the Board of Appeals that would not be appropriate generally or without restriction and shall be based upon a finding that certain conditions governing special exceptions exist as detailed in Article
III, Board of Appeals, of Chapter
25, Boards, Committees and Commissions, that the use generally conforms with the Comprehensive Plan and is compatible with the existing neighborhood, and may include special conditions as established by the Board of Appeals.
[Amended 5-4-2009 by Ord. No. 904]
SPECIAL HOSPITAL
As defined in the current Maryland Health Care Commission
Regulations COMAR 10.07.01.03 B et seq., as may be amended from time
to time. The type of special hospital shall be limited to that indicated
in the permitted and/or conditional uses listed in the various zone
districts.
SPECIALTY SHOP
A small-scale (less than 2,500 square feet) retail use which
offers for sale items of art or crafts or which offers for sale items
related to a specific theme, e.g., kitchen wares, pet care, etc.
[Added 5-3-2010 by Ord. No. 913]
STORAGE
The safekeeping of goods in a depository such as a yard or
warehouse, including storage of construction equipment and materials
when not in use for construction purposes, cold storage, storage of
vehicles, including automobiles, bicycles, motorcycles, trucks, boats,
trailers, mobile homes, and including dry storage, lumberyards, granary,
coal yards, mineral aggregate storage.
STREET
Any road, highway, avenue, street, parkway, lane or other
way, public or private, set aside and commonly used by the public
as a means of vehicular and pedestrian circulation and to provide
access to any lot or lots. The establishment of a common driveway
for access purposes to more than one lot shall not be considered a
street as this term is defined herein.
[Amended 5-4-2009 by Ord. No. 904]
STRUCTURE
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground but not fences, freestanding walls, sidewalks,
driveways, parking lots and curbs.
STRUCTURAL ALTERATION
Any changes in the structural members of a building, such
as walls, columns, beams or girders.
STUDIO, FINE ARTS
A building, or portion thereof, used as a place of work by
a sculptor, artist, or photographer or used as a place to exhibit
and offer for sale works of the visual arts (other than film).
[Added 5-3-2010 by Ord. No. 913]
TELECOMMUNICATION TOWER
A structure, typically of skeletal lattice-type framework
or solid construction, used to support one or more antennas for the
telecommunications industry. Guy wires, framework, foundation and
other stabilizing devices are considered part of the structure of
the tower.
TELEWORK CENTER
A satellite work facility incorporating sufficient technology
to permit employees to reduce a work commute trip, or to work closer
to home. The goal of such centers is to reduce the distance traveled
in a commute trip by at least half the distance.
THEATERS
An indoor or outdoor structure for dramatic performances,
spectacles or motion pictures, or for assemblies or the enactment
of events or actions, including a playhouse, opera house, music hall,
concert hall, amphitheater, or arena.
TOWERS
A building or structure typically higher than its diameter
or width and high relative to its surroundings which may stand apart
or be attached to a larger structure and which may be fully walled
in or of skeleton framework.
TRANSPORTATION TERMINAL
A facility for loading, unloading, and interchange of passengers,
baggage, and incidental freight or package express between modes of
transportation, including bus terminals, railroad stations, and public
transit facilities.
[Added 5-3-2010 by Ord. No. 913]
USE or USED
Refers to any purpose for which a lot of land or part thereof
is arranged, intended or designed to be used, occupied, maintained,
made available or offered for use, and to any purpose for which a
building or structure or part thereof is arranged, intended or designed
to be used, occupied, maintained, made available or offered for use,
or erected, reconstructed, altered, enlarged, moved or rebuilt with
the intention or design of using the same.
UTILITY LINES
Electric, communication, water, sewer, gas and fuel lines,
including utility poles and guy wires.
UTILITY STRUCTURES
Structures, including utility lines, necessary to provide
utility service, including transformers, relays, repeaters, pumping
stations, switching facilities, but not including maintenance and
storage buildings or yards.
VARIANCE
A modification of the provisions of this chapter relating
to permitted uses, conditional uses, accessory uses or structures
or height, lot and yard requirements in Table I.
VIDEO RENTAL STORE
An establishment primarily engaged in the retail rental or
lease of videotapes, film, CD-ROMs, laser disks, electronic games,
cassettes or other electronic media of a nonprurient nature. The sale
of films, videotapes, laser disks, CD-ROMS, and electronic merchandise
associated with VCRs, video cameras, and electronic games is permitted
as an accessory use.
WHOLESALING
The activities involved in selling goods to persons other
than to ultimate customers, that is to say, all sales that do not
qualify as retail sales.
YARD
That portion of a lot which is unoccupied, by any use or
structure except for such uses or structures as are expressly permitted
within the yard by this chapter and uses or structures associated
with landscaping.
YARD, FRONT
An open space extending the full width of a lot between any
part of a main building and the front lot line.
YARD, REAR
An open space extending the full width of the lot between
any part of a main building and the rear lot line.
YARD, SIDE
An open space extending from the front yard to the rear yard
between any part of a main building and the side lot line.
ZONING CERTIFICATE
A written statement issued by the Director of Planning, or
the Director's designee, certifying structures or uses consistent
with the terms of this chapter.
[Amended 5-4-2009 by Ord. No. 904]
ZONING MAP
The Zoning Maps of Havre de Grace including all amendments
which are subsequently adopted.