A. 
Words used in the present tense include the future, the singular number includes the plural, and the plural the singular, unless the context clearly indicates the contrary.
B. 
The word "may" is permissive.
C. 
The word "shall" is mandatory.
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]
205 Accessory Dwelling Unit.tif
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 RETAIL
The sale of agricultural products.
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.
ANIMAL CARE
Includes veterinary hospitals and kennels.
ARCADE
A building or part of a building in which three or more coin-operated amusement devices are maintained.[1]
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.[2]
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.[3]
[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]
CONDITIONAL USE
See "special exception."
[Amended 5-4-2009 by Ord. No. 904]
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.[4]
[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.[5]
[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[6]]
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.
LIMOUSINE OR SHUTTLE-DISPATCHING FACILITY
A facility engaged in the dispatching of passenger vehicle transportation for hire, including business offices but not the fleet parking or servicing of vehicles.
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
Any boundary of a lot.
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.
MAIN USE OR BUILDING
The principal or most important use or building on a lot.
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]
E. 
Bakery.
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.
K. 
Machine shops.
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.
PLANNING COMMISSION
The Havre de Grace Planning Commission as established by ordinance.[7]
POST OFFICES
Includes United States Postal Service and commercial mailing service operations.
PREMISES
A tract of land with the buildings thereon.
PROPERTY LINE
See "lot line."
[Added 5-4-2009 by Ord. No. 904]
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]
RECREATION FACILITIES FOR EMPLOYEES
A recreation facility restricted to employees and their families, which may be indoor or outdoor, permitting active or passive recreation.
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]
ROAD
See "street."
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]
STREET LINE or RIGHT-OF-WAY LINE
The dividing line between a lot and a street.
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.[8]
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.
VISITOR CENTER, VISITOR INFORMATION CENTER, or TOURIST INFORMATION CENTER
A physical location that provides tourist information to the visitors who tour the place or area locally.
[Added 5-3-2010 by Ord. No. 913]
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.[9]
[1]
Editor's Note: See also Ch. 15, Amusement Devices.
[2]
Editor's Note: See Ch. 25, Boards, Committees and Commissions, Art. III, Board of Appeals.
[3]
Editor’s Note: The former definition of "brewpub," which immediately followed, was repealed 4-15-2019 by Ord. No. 1014.
[4]
Editor's Note: The former definitions of "distillery" and "distillery, craft," which immediately followed, were repealed 4-15-2019 by Ord. No. 1014.
[5]
Editor's Note: The former definition of "dwelling, cottage," added 5-4-2009 by Ord. No. 904, which immediately followed this definition, was repealed 11-7-2022 by Ord. No. 1086.
[6]
Editor's Note: This ordinance also repealed the former definition of "hospital."
[7]
Editor's Note: See Ch. 25, Boards, Committees and Commissions, Art. III, Board of Appeals.
[9]
Editor's Note: The Zoning Maps are on file in the office of the Director of Administration.