Caroline County, MD Article II Definitions

§ 175-8 Word usage; terms defined.

A. Word usage.

(1) The words "shall" and "will" are mandatory.

(2) Unless the context otherwise specifies, words used in the present tense shall include the future; words used in the singular number include the plural; and words in the plural number include the singular.

(3) The word "building" or "structure" includes the other and any part thereof.

(4) The word "person" includes an individual, a corporation, a partnership, an incorporated association, an unincorporated association, a limited liability company, a trust, or any other entity.

(5) The phrase "used for" includes "arranged for," "designed for," "intended for, maintained for" or "occupied for."

(6) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either .... or," the conjunction shall be interpreted as follows:

(a) "And" indicates that all the connected items, conditions, provisions or events shall apply.

(b) "Or" indicates that the connected items, conditions, provisions or events may apply separately or in any combination.

(c) "Either .... or" indicates that the connected items, conditions, provisions or events shall apply separately but not in combination.

(7) The word "includes" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(8) All terms defined in the Caroline County Subdivision Regulations shall have the same meanings in this chapter unless specifically defined in this chapter.[1]

[1] Editor's Note: See Ch. 162, Subdivision of Land.

(9) Words and terms not defined herein shall be interpreted in accordance with their normal dictionary meanings.

(10) In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table or illustrative table, the text will control.

B. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY DWELLING UNIT

Separate living quarters within the principal dwelling or in a detached accessory structure containing its own kitchen, living and sleeping areas.

ACCESSORY STRUCTURE OR USE

A subordinate structure or use which is clearly incidental to and customarily found in connection with the principal structure or use and is located on the same lot as the principal structure or use.

ACRE

A commonly referred to measure of area which equals 43,560 square feet.

ADMINISTRATIVE VARIANCE

A variance to any numerically specified or determined criterion set forth in this chapter as applied to residential properties.

ADULT BOOK OR VIDEO STORE

An adult-oriented business, whether or not containing viewing booths, theaters, or other performance viewing space, that involves the sale, rental, transfer, loan, dissemination, distribution, provision or promotion of adult entertainment or material in the form of books, magazines, newspapers, photographs, movies, videos, DVDs, CDs or other audio/video recordings, or other electronic recordings, or, in the form of merchandise, objects, items or devices.

ADULT ENTERTAINMENT OR MATERIAL

(1) Any performance, depiction, or text that is intended to cause or provide, or reasonably may be expected to cause or provide, sexual stimulation, sexual excitement, or sexual gratification and:

(a) In which an individual or individuals appear in a state of nudity or partial nudity; or

(b) That consists, in whole or in part, of action, activity, poses, portrayal, depiction, or description of:

[1] Human genitals in a discernable state of sexual stimulation or arousal; or

[2] Any act, whether real or simulated, of masturbation, sexual intercourse, anal intercourse, sodomy, fellatio, cunnilingus, fondling of the buttocks, anus, female breasts, pubic area, or genital area, Sadomasochistic Activity, physical contact or attempted contact with clothed or unclothed genitals, pubic areas, buttocks, anus, or female breasts; or

(c) Consists of contact with animals or inanimate objects; or

(2) Any merchandise, object, item, or device that is designed and/or marketed with the intention of causing, or that reasonably may be expected to cause, sexual stimulation, sexual excitement or sexual gratification.

ADULT-ORIENTED BUSINESS

Any business, operation, or activity, a significant amount of which consists of:

(1) The conduct, promotion, delivery, provision, or performance of adult entertainment or material, including, but not limited to, that occurring in, at, or in connection with a cabaret, lounge, nightclub, modeling studio, bar, restaurant, club, lodge, retail establishment, or other establishment; or

(2) The sale, rental, transfer, loan, dissemination, distribution, provision or promotion of adult entertainment or material, in any format, form, or medium, including, but not limited to, books, magazines, newspapers, photographs, movies, videos, DVDs, CDs or other audio/video recordings, other electronic recordings, and/or coin-operated or pay-view viewing devices, including, but not limited to, the operation of an adult book or video store or viewing booth.

AGRICULTURAL AND FISHERY PRODUCTS PROCESSING PLANTS

A facility that involves the operation(s) of processing, preparing or packaging agricultural or fishery products which are not grown or harvested on the site, but rather brought to the site for processing from one or more sources.

AGRICULTURAL PRODUCTION

The use of land for agricultural purposes, including farming, cultivation of the soil, crop raising, dairying, pasturing, apiculture, horticulture, floriculture, viticulture, vermiculture, fish culture, fur-bearing animal raising, horse raising, forestry, tree farming and animal and poultry husbandry, and the necessary accessory uses for primary packing, treating or storing of the produce and other uses that support the primary agricultural use of the property; provided, however, that the operation of any accessory use shall be secondary to that of normal agricultural activities. The commercial slaughtering and processing of livestock, poultry or fish, or meat processing is excluded.

[Amended 8-12-2014 by Ord. No. 2014-1]

AGRICULTURAL TOURISM

The act of visiting a commercial agricultural enterprise for the purpose of enjoyment, education or active involvement in the activities of the farm, ranch or agricultural operation, including but not limited to U-pick operations, on-site tours, on-site agricultural instruction or demonstrations, lectures or classes about agriculture-related topics and participation in agricultural operations on the premises.

[Amended 8-12-2014 by Ord. No. 2014-1]

AIRPORT OR LANDING FIELD

A permanent installation or facility from which aircraft may take off or land, discharge or receive cargo or passengers, be repaired, take on fuel or be stored, including hangars, terminals or accessory activities.

[Amended 8-12-2014 by Ord. No. 2014-1]

AMEND OR AMENDMENT

Any change, addition or modification to the provisions of this chapter or to the Official Zoning District Maps which is adopted by the County Commissioners pursuant to the procedures set forth in Article XXII of this chapter.

ANIMAL HUSBANDRY

The raising, boarding and/or sale of domestic animals other than dogs or cats.

APARTMENT

A part of a building containing cooking facilities, consisting of a room or group of rooms intended, designed and used as a residence by an individual or a single family.

APARTMENT HOUSE

See "dwelling, multiple-family dwelling."

AREA, GROSS

All the area within a development plan or plat, including area intended for residential use, steep slopes, local access streets or alleys, off-street parking spaces, recreation areas or floodplains.

AUCTION, AUTOMOBILE

A facility where automobiles are offered for sale to persons who competitively bid on the vehicles offered for sale.

[Amended 8-12-2014 by Ord. No. 2014-1]

AUCTION, LIVESTOCK

A facility to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis which may include livestock holding and sorting pens, loading and unloading facilities, temporary storage of animal feed and bedding, a building with offices and auction arenas with seating. It does not include auction sales conducted in conjunction with County, state or private fairs or auction sales conducted by or for a person at which livestock of such person's ownership are sold on the premises of the person.

[Added 8-12-2014 by Ord. No. 2014-1]

AUCTION OR SALE BARN

A building, land area, or areas within a building used for the public sale of new and used goods, wares, merchandise, or equipment to the highest bidder. Merchandise may be sold at retail to the public but said sales must be in addition to the scheduled auction activities. This definition excludes an auto auction or livestock auction.

AUTOMOBILE FILLING STATION

Any building, structure or area of land used for the retail sale of automobile fuels, oils and accessories and where repair service, if any, is incidental and where no junked automobiles or other motor vehicles shall be stored on the premises.

AUTOMOBILE REPAIR OR SERVICE SHOP

Any building, structure or area of land used for major automobile repair, body work or servicing, including the sale of fuels, oils or parts, and where no more than five junked automobiles or other motor vehicles shall be parked or otherwise stored on the premises, and each for no longer than 60 days.

BAKERY - RETAIL

An establishment for preparing, baking and selling baked goods and products for consumption off site. The products may be prepared either on or off site.

BANKS AND FINANCIAL INSTITUTIONS

An establishment for the provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, brokerage offices and other similar financial institutions, including on-site automatic teller machines.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year; the base flood also is referred to as the "one-per-cent-annual-chance (one-hundred-year) flood."

BASEMENT OR CELLAR

Any area of a building having its floor subgrade (below ground level) on all sides.

BED-AND-BREAKFAST

A single-family dwelling, owner- or operator-occupied, which is used for overnight lodging accommodations, which may also provide meals for transient guests only.

BILLBOARD

See "sign, general advertising sign."

BOARD

The Board of Zoning Appeals of Caroline County, Maryland.

BOARDINGHOUSE

A building in which lodging and meals will be provided for compensation to at least three but not more than 20 permanent residents or to at least two but not more than four transient guests. A "boardinghouse" shall not be considered a home occupation, group home or domiciliary care home.

BOARD OF ZONING APPEALS

The Board established by the County Commissioners which is authorized to grant special use exceptions and variances and to hear appeals from administrative decisions as provided in this chapter.

BREEZEWAY

A structure entirely open, except for roof, supporting columns or screening, which connects a principal building and an accessory building on the same lot.

BUFFERYARD

An area of land, together with a specified type and amount of plantings and any structures, which may be required between land uses to eliminate or minimize conflicts between them.

BUILDING

Any structure having a roof and designed for shelter or enclosure of any person, animal or property of any kind.

(1) COMPLETELY ENCLOSED BUILDING Any building having no outside openings other than ordinary doors, windows and ventilators.

(2) PRINCIPAL BUILDING Any building in which is conducted or in which is intended to be conducted the main or principal use of the lot on which it is located.

BUILDING ENVELOPE

The area formed by the front, side and rear building restriction or setback lines of a lot within which the principal buildings must be located.

BUILDING RESTRICTION LINE OR BUILDING SETBACK LINE

A line on a lot, generally parallel to a lot line or road right-of-way, located a sufficient distance therefrom to provide the minimum yards required by this chapter and beyond which the foundation walls, enclosed porch, vestibule or other enclosed portion of a building or structure shall not project.

BUILDING-SUPPORTED SMALL WIND-ENERGY SYSTEM

A small wind-energy system placed on, or supported in whole or in part by, a building structure and having a rated nameplate capacity of 10 kilowatts or less, and not exceeding a height of more than eight feet above the highest point of the structure.

BULK PLANT

Any premises where flammable, corrosive or combustible liquids are received from bulk shipping systems, including tank vessel, pipelines, tank car or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by bulk shipping systems, including tank vessel, pipelines, tank car, tank vehicle or container, to retail or wholesale customers. This definition does not include automobile filling and service stations or automobile repair and service shops.

CAMPGROUND

Any area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.

CAR WASH FACILITY

A facility for the washing, detailing, waxing or steam cleaning of automobiles or similar light-duty motor vehicles. A car wash may be a single unit type which has a single bay or a group of single bays with each bay to accommodate one vehicle only; or a tunnel type which allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

CEMETERY OR MEMORIAL GARDEN

Any land or structure dedicated to and used or intended to be used for interment of human and/or pet remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof. Incidental use for monument and memorial stone production and sales is permitted.

[Amended 8-12-2014 by Ord. No. 2014-1]

CIRCUS OR CARNIVAL

A traveling amusement show or festival usually including rides, games, and sideshows for a period of time not to exceed 30 days.

CLINIC

An office building or a group of offices for one or more physicians, surgeons, dentists or other medical practitioners engaged in treating outpatients only.

CLUB, PRIVATE

Buildings, facilities and/or property owned, leased, or operated by a corporation, association, nonstock association, person or persons for a social, educational or recreational purpose, but not primarily for profit which accrues to any individual and not primarily to render a service which is customarily carried on as a business.

COLLECTION SITE

An area of land, structures and/or facilities that accepts solid waste, such as: household solid waste, household hazardous waste, recyclable paper, plastic, glass or metal wastes; used oil; used appliances or furnishings; and/or yard wastes only from individuals who transport such self-generated waste to the collection site in a car or truck with a capacity of one ton or less for transfer to a permitted solid waste processing or disposal facility.

COMMERCIAL

A type of activity where goods or services are sold or traded with the expectation of profit or gain.

COMMERCIAL AMUSEMENTS, INDOOR

A facility wholly enclosed in a building that offers entertainment or games of skill or sport to the general public. This includes but is not limited to such facilities as bowling alleys, billiard parlors, or arcades. The gross floor area devoted to incidental retail sales shall not exceed 10% of the gross floor area of the principal use or 1,000 square feet, whichever is less.

[Amended 8-12-2014 by Ord. No. 2014-1]

COMMERCIAL AMUSEMENTS, OUTDOOR

An open area offering entertainment or games of skill or sport to the general public. This includes, but is not limited to, such activities as golf driving range, pitch and putt course, archery, miniature golf, carnivals, paintball, swimming pools, baseball/softball fields and similar outdoor activities but not including go-cart racing, drag strips or auto racing. The gross floor area devoted to incidental retail sales shall not exceed 10% of the gross floor area of the principal use or 1,000 square feet, whichever is less.

[Amended 8-12-2014 by Ord. No. 2014-1]

COMMERCIAL RETAIL

A retail store that sells general merchandise or food. Typical general merchandise includes clothing and other apparel, equipment for hobbies and sports, gifts, flowers and household plants, dry goods, toys, furniture, antiques, books and stationery, pets, drugs, auto parts and accessories, and similar consumer goods. The term "food store" includes a grocery, delicatessen, and convenience and specialty foods stores. This use does not include other uses in this article that are specifically listed.

COMMERCIAL, TRADE OR BUSINESS SCHOOLS

An educational facility, structure or building or part thereof operated as a business enterprise offering instruction or training in the trades or industrial arts such as welding, brick laying, machinery operation, cooking, printing or similar trades or industrial arts, but not including educational facilities.

COMMON AREA

An area within a designated development which is designed and intended for the use of all lot owners and residents of the development.

COMMUNICATIONS TOWER

A tower site and structure, including antennas, equipment shelters, parking and other accessory devices or structures, associated with telecommunication services for the broadcasting, transmitting, receiving or relaying of communications signals for television, radio, satellite, wireless, cable, microwave, cellular, personal communications services, etc.

COMMUNITY SEWERAGE FACILITIES

Any system, whether publicly or privately owned, serving two or more individual lots for the collection and disposal of sewerage or industrial wastes of a liquid nature, including various devices for the treatment of such sewerage and industrial wastes. See Chapter 173.

COMMUNITY WATER SUPPLY FACILITIES

A source of water and a distribution system, including treatment and storage facilities, whether publicly or privately owned, serving two or more individual lots. See Chapter 173.

COMPOSTING FACILITY

An area of land, structures and/or facilities where organic solid wastes are biologically decomposed into solid compost that may be safely applied to land, excluding any individually owned compost operation that does not accept waste or materials generated by persons not related to such individual or generated on premises not owned, used or operated by such individual. Compost feedstock may not contain more than 25% animal processing by-products or carcass materials.

[Amended 1-18-2022 by Bill No. 2022-1]

COMPREHENSIVE PLAN

A document consisting of written and mapped information, adopted by the County Commissioners, and intended to guide the physical development of Caroline County, including all changes and additions known as the "Comprehensive Plan of Caroline County, Maryland."

CONCRETE OR ASPHALT RECYCLING

Process of grinding or pulverizing old concrete, asphalt, brick masonry or rock into aggregate using a specialized machine to be used as base gravels, building pads, structural fills and backfill.

CONDOMINIUM

An ownership arrangement as defined in the Annotated Code of Maryland.

CONTRACTOR STORAGE YARD

A place where heavy equipment, vehicles, construction equipment, or any material commonly used in the erection of any structure is stored. Projects with active permits involving the materials on site shall not be considered a contractor’s storage yard.

COTTAGE INDUSTRY

The use of a portion of a residential structure, accessory structure, or a portion of the lot or parcel on which such residence is located, involving the offering of a service, the conduct of a business, or the production of handicrafts on a qualifying parcel. A cottage industry has the potential for greater impacts on nearby properties compared to a home occupation.

COUNTRY CLUB

A private recreational facility operated for bona fide members paying annual dues for the use of a golf course, tennis courts, swimming pool and/or other similar recreations, and ancillary uses such as restaurants (including the sale of alcoholic beverages), temporary residential uses for guests, managers and other employees, but not including commercially operated stand-alone driving ranges or miniature golf courses.

COUNTRY INN

A facility which is used for prearranged lodging accommodations and meals.

[Amended 8-12-2014 by Ord. No. 2014-1]

COUNTY

Caroline County, Maryland.

COUNTY COMMISSIONERS

The County Commissioners of Caroline County, Maryland.

COUNTY ENGINEER

The person, if any, designated by the County Commissioners to carry out engineering duties as specified in this chapter.

COUNTY PLANNER

The person designated by the County Commissioners as the Director of the Department of Planning and Codes Administration, which person shall also serve as Executive Secretary to the Planning Commission and to carry out such duties as specified in this chapter.

COUNTY ROAD

A road which the easement for use or title is vested with the County Commissioners by grant, condemnation, dedication, or prescriptive easement and for which the County Commissioners have accepted maintenance responsibility.

COURT

An unoccupied open space, other than a yard, which is bounded on two or more sides by the walls of a building.

DAYCARE CENTER, FAMILY

A home or facility, registered with the state, where care is given in lieu of parental care, for a part of a twenty-four-hour day, to not more than two children under the age of two years or to not more than eight children under the age of 16 years of whom no more than two may be under the age of two years. A family daycare provider's own children under the age of two years shall be counted as children served.

DAYCARE CENTER, GROUP

An agency or institution, licensed by the state, where care is given in lieu of parental care, for a part of a twenty-four-hour day, to nine or more children or to more than two children under the age of two years and which operates on a regular schedule more than once a week.

DELICATESSEN

A retail food store selling ready-to-eat food products such as cooked meats, sandwiches, prepared salads or seafood, health food or other specialty food items.

DENSITY

The number of principal buildings allowed per acre of gross area of a development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to any construction, reconstruction, modification, extension or expansion of buildings or other structures, placement of fill or concrete, construction of new or replacement infrastructure, dumping, mining, dredging, grading, paving, drilling operations, storage of materials, land excavation, land clearing, land improvement, landfill operation or any combination thereof. This term shall also include the subdivision of land.

DOMICILIARY CARE FACILITY

Any institution which admits four or more nonrelated aged or disabled persons, maintains the necessary facilities and provides a protective institutional home-type environment to persons of advanced age or mental or physical disability.

DRIVE-IN

An establishment designed or operated to serve a patron while seated in an automobile parked in an off-street parking space.

DWELLING

Any building or portion thereof designed and used for residential purposes.

(1) SINGLE-FAMILY DWELLING A dwelling designed for or occupied exclusively by one family.

(2) TWO-FAMILY DWELLING A dwelling designed for or occupied exclusively by two families living independently of each other, including duplexes.

(3) MULTIPLE-FAMILY DWELLING A dwelling designed for or occupied exclusively by three or more families living independently of each other.[2]

DWELLING UNIT

A room or group of rooms located within a dwelling, occupied or intended to be occupied as separate living quarters by one family.

EDUCATIONAL FACILITIES

Structures and/or tracts of land designed, constructed, or used for the conduct of educational or instructional activities in any branch of knowledge. Uses include but are not limited to: public or private college, junior college, university or professional schools; elementary schools; secondary schools; and specialized education and training schools. The term excludes commercial trade or business schools.

ELECTRONIC MESSAGE BOARD

Any sign that uses lights that change to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified electronically.

[Added 8-12-2014 by Ord. No. 2014-1]

ELEVATION CERTIFICATE

FEMA form on which surveyed elevations and other data pertinent to a property and a building are identified and which shall be completed by a licensed professional land surveyor or a licensed professional engineer, as specified by the floodplain administrator. When used to document the height above grade of buildings in special flood hazard areas for which base flood elevation data are not available, the elevation certificate shall be completed in accordance with the instructions issued by FEMA.

[Amended 11-25-2014 by Ord. No. 2014-4]

EQUIPMENT RENTAL

The use of a building or land for the purpose of providing tools, implements, or other articles to individuals or businesses on a temporary basis for a specified fee. This term use does not include the rental of automobiles or trucks.

ESSENTIAL SERVICES

Facilities, such as wires, lines, poles, fire hydrants, cables, pipes or similar apparatus, which may be reasonably necessary for the furnishing of adequate water, sewer, gas, electric, telecommunication or similar services to adjacent customers. "Essential services" do not include any cross-county electric transmission lines, telephone trunklines, including microwave, or any cross-county transmission pipeline.

EXTRACTION

The operations necessary to excavate or to remove from the earth and to stockpile earthen materials, such as sand, gravel, aggregate, rock or other mineral resources. The leveling, grading, filling, or removal of materials during normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) does not constitute a mining or extraction operation, if: processing of the material does not occur on the property; does not occur over an extended time, on-site stockpiles are temporary and fully depleted, moved or utilized in a reasonably short period of time; and, a federal or state mineral extraction permit is not required.

[Added 4-24-2018 by Ord. No. 2018-1]

(1) MINOR MINERAL EXTRACTION Includes mineral extraction that occurs in the process of developing a pond for irrigation or recreational use on a permitted area that is less than or equal to five acres in size.

(2) MAJOR MINERAL EXTRACTION Includes mineral extraction that occurs on a permitted area of more than five acres for the purpose of marketing the minerals extracted.

FAMILY

One or more persons related by blood, marriage, adoption or guardianship, including not more than two persons not so related, occupying a dwelling unit and living together as a single housekeeping unit or not more than four persons not all so related occupying a dwelling unit and living together as a single housekeeping unit.

FARM

A parcel of land not less than 20 acres in size used for agricultural production as defined in this subsection.

[Amended 8-12-2014 by Ord. No. 2014-1]

FARMERS MARKET

A retail market selling predominately locally produced fruits, vegetables, crafts and meats.

FEEDLOT

Any tract of land or structure, pen or corral wherein cattle, horses, sheep, goats and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.

FENCE OR WALL

A barrier, other than natural vegetation, intended to prevent intrusion or escape, to mark a boundary or to enclose an area to provide screening or privacy.

FISHERY ACTIVITY FACILITY

Commercial water-dependent fisheries, including structures for packing, processing, canning or freezing of fin fish, crustaceans, mollusks, amphibians and reptiles, and also including related activities such as wholesale, product storage, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters; and/or

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN

Any land area susceptible to being inundated by water from any source (See "flood" or "flooding.")

FLOODPROOFING or FLOODPROOFED

Any combination of structural and nonstructural additions, changes, or adjustments to buildings or structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents, such that the buildings or structures are watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

FLOOR AREA

(1) For commercial, business, agricultural and industrial buildings or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including attic space providing headroom of less than seven feet, basement space used only for storage or utilities, uncovered steps or fire escapes, accessory water towers or cooling towers, accessory off-street parking spaces and accessory off-street loading berths.

(2) For residential buildings, the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, unfinished basements or attics and open porches, measured from the exterior faces of the exterior walls.

FRONTAGE

The distance between the two side lot lines measured at the front building restriction line.

(1) STREET FRONTAGE All of the property on one side of a street between two intersecting streets, either crossing or terminating, measured along the line of the street or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

(2) LOT FRONTAGE The distance for which the front boundary line of the lot and the street right-of-way line or waterway are coincident.

FUNERAL SERVICES OR CREMATORIES

All functions pertaining to or connected with the preparation of human bodies for interment or cremation, together with any of the rights, services, or ceremonies usually attendant with such interment or cremation.

GARAGE

A building, accessory to a residence, for the storage of one or more motor vehicles, not including buildings in which fuel is sold or commercial repair or other services are performed.

GARAGE OR YARD SALE

A public sale conducted by an individual on his or her own premises for the purpose of selling personal property, provided that no more than one sale is conducted for a period not to exceed 14 consecutive days in any one calendar year. Personal property shall be items which are owned by an individual or his family and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

GOLF COURSE

A tract of land for playing golf, improved with tees, greens, fairways and hazards, and which may include clubhouses and shelters.

GRADE

The average elevation of the finished ground at all the corners and/or other principal points in the perimeter wall of the building.

GREEN AREA

An area of land associated with and located on the same tract of land as a principal building or group of buildings in relation to which it serves to provide light and air or scenic, recreational or similar purposes. "Green areas" may include but not be limited to lawns, decorative plantings, sidewalks, walkways and active and passive recreational areas, including playgrounds, fountains, swimming pools, wooded areas and watercourses, but shall not include streets, parking and loading areas or accessory structures.

GREENHOUSE OR NURSERY (RETAIL)

A structure or facility designed and used for growing and selling plants, shrubs or trees and other articles or implements that are displayed or sold to the general public on the site or at wholesale.

GROUP HOME

A place, home or institution which is licensed to provide board, shelter and personal services to not more than eight persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial or social differences. Examples of such persons shall include but not be limited to mentally retarded persons, physically handicapped persons, alcoholics, elderly persons, drug-dependent persons and juveniles under the jurisdiction of the courts, the Department of Social Services or the Juvenile Services Administration, but shall not include public or private schools organized, operated or approved under Maryland laws, persons related by blood marriage within the third degree to the custodial person or churches or other religious or public institutions caring for such persons within the institutional building while parents or other custodial persons are attending services, activities or meetings.

GUEST HOUSE

Living quarters within a detached accessory building located on the same premises with the principal residence for use by transient nonpaying visitors of the occupants of the principal residence. A "guest house" shall have no separate utility meters or separate water and sewerage systems and shall not be rented or otherwise used as a separate dwelling.

GUN CLUB

Any private club, nonprofit entity, for-profit entity, or any person or persons operating in any manner, form, or structure, any premises, building, facility and/or property for the purposes of or otherwise engaging in gun club activities.

GUN CLUB ACTIVITIES

Gun, trap, skeet, rifle, shooting, and target ranges, clubs, or activities, including, but not limited to the discharge of any weapon, machine, or device employing any propellant or explosive material or device (other than only human effort); including, but limited to, pistols, rifles, shotguns, cannons, or other firearms, whether conducted, performed, carried out, or participated in by one or more individuals. The term "gun club activities" does not include the discharge of any such weapon, machine, or device lawfully and directly in the hunting of animals.

HABITABLE AREA

The space in a structure used for living, sleeping, eating or cooking, including closets, bathrooms, utility rooms and toilet compartments. Open, unenclosed porches, platforms, patios, decks, basement or attic storage spaces or attached garages are not considered "habitable areas."

[Amended 8-12-2014 by Ord. No. 2014-1]

HAZARDOUS WASTE

Solid waste that is considered to be:

(1) Hazardous waste as that term is defined and used in the federal Resource Conservation and Recovery Act and its implementing regulations.

(2) A regulated hazardous material or controlled hazardous substance under Title 7 of the Environment Article of the Maryland Annotated Code and its implementing regulations.

(3) A hazardous substance as that term is defined under the federal Comprehensive Environmental Response Compensation and Liability Act and Superfund Amendments and Reauthorization Act and its implementing regulations.

HEIGHT

The vertical distance from the highest point of a structure, except a chimney or antenna on a structure, to the average ground level of the grade where the walls or other structural elements intersect the ground.

HOME OCCUPATION

Any occupation or business conducted entirely within a dwelling or accessory structure, and which is clearly incidental and secondary to the residential use of the premises; provided that not more than one nonresident at any time may work at a home occupation business.

HOMEOWNER'S ASSOCIATION

A nonprofit corporation of property owners which administers and enforces deed restrictions and maintains common areas and facilities.

HOSPITAL

Any institution which receives inpatients and provides medical, psychological, surgical or similar care of sick or injured humans and which may include related facilities such as laboratories, an outpatient department, training facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.

HOTEL

A building in which lodging or boarding and lodging are provided for more than four persons, primarily transient, offered to the public for compensation and in which access to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse or an apartment house. A "hotel" may include therein restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms, otherwise in accordance with applicable law.

HOUSEHOLD HAZARDOUS WASTE

Household hazardous waste as defined in Subtitle 18 of Title 9 of the Environment Article of the Maryland Annotated Code.

ILLUMINATION

Direct artificial lighting or indirect artificial lighting designed to reflect light from light sources erected for the purposes of providing light to a sign or other structure.

INDUSTRIAL PARK

A tract of land which is subdivided and developed according to an overall plan for occupancy by a group of industries and is provided with roads and necessary utilities.

JUNK

Old or scrap copper, brass, rope, rags, batteries, paper, trash, tires, rubber debris, waste, iron, steel and other scrap or discarded material or machinery, including wrecked, abandoned, scrapped or dismantled motor vehicles or motor vehicle parts.

KENNEL

(1) COMMERCIAL KENNEL Any land or structures used for the sale, rental, boarding, breeding or training of domestic animals, primarily dogs and cats, for compensation or profit.

(2) NONCOMMERCIAL KENNEL Any land or structures used for the boarding, breeding or care of dogs, cats or other domestic animals belonging to the owner of the kennel and kept for purposes of show, hunting or as pets. The sale of not more than two litters per calendar year is permitted.

[Amended 8-12-2014 by Ord. No. 2014-1]

KITCHEN

A room used for preparation of food. A complete kitchen contains a sink, refrigerator, stove or range top, and oven or microwave. A partial kitchen is missing one of the above components.

LIVESTOCK

Bison, buffalo, cattle, horses, pigs, sheep, goats, llamas, emus, ostriches, donkeys, mules, goats, chickens, ducks, geese, and other fowl, rabbits, minks, foxes and other fur- or hide-bearing animals customarily bred or raised in captivity, whether kept for pleasure, utility or sale.

[Added 8-12-2014 by Ord. No. 2014-1]

LIVE/WORK BUILDING

A building comprised of mixed-use units consisting of residential and commercial or office functions. Nonresidential functions may be located anywhere in the unit.

[Added 8-12-2014 by Ord. No. 2014-1]

LOADING SPACE

A space within the principal building or on the same lot providing for the standing, loading or unloading of vehicles.

LOT[3]

A contiguous area of land separated from other areas of land by separate description in a recorded deed or plat or a parcel of land, which may include one or more platted lots, occupied or intended for occupancy by a single principal use or establishment.

(1) CORNER LOT A lot located at the intersection of two or more roads. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.

(2) INTERIOR LOT A lot, other than a corner lot, with only one street frontage and no frontage on a tidal wetland or tidal waterway.

(3) PANHANDLE LOT A polygonal shaped lot with the appearance of a frying pan or flag with staff in which the handle is most often used as the point of access to a street or road. The handle, when less than the minimum width for a building lot in the zoning district in which it is located, is not to be used in computing the minimum required lot area or delineating the minimum required building envelope. The handle shall not be less at any point than the required minimum at the point of access.

(4) REVERSED FRONTAGE LOT A lot in which the frontage is at right angles to the general pattern in the area involved. A "reversed frontage lot" may also be a corner lot or an interior lot.

(5) THROUGH LOT A lot where both the front and rear yards adjoin a road or where either the front or rear yard adjoins a tidal wetland or tidal waterway. The determination of which yard of a "through lot" is the front yard shall be made by the Zoning Administrator based on the prevailing yard pattern in the neighborhood. Unless circumstances specifically indicate the contrary, the front yard of a waterfront lot is the yard facing the tidal wetland or tidal waterway.

LOT AREA

The total horizontal area of a lot as determined by the closure of the rear, side and front lot lines.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT LINE

The boundary line of a lot.

(1) FRONT LOT LINE A line connecting the foremost points of the side lot lines and dividing the lot from the access right-of-way, tidal wetland or tidal waterway.

(2) REAR LOT LINE A line connecting the rearmost points on the side lot lines.

(3) SIDE LOT LINE A line defining the boundary of a lot other than the front and rear lot lines.

LOT OF RECORD

Any validly recorded lot which, at the time of its recordation, complied with all applicable laws, ordinances and regulations.

LOT WIDTH

The distance between the side lot lines measured at the front building restriction line. See also "frontage."

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement) of a building or structure; the floor of an enclosure below the lowest floor is not the lowest floor, provided the enclosure is constructed in accordance with this chapter. The lowest floor of a manufactured home is the bottom of the lowest horizontal supporting member (longitudinal chassis frame beam).

LUMBER AND OTHER BUILDING MATERIALS DEALERS

A business that sells building materials and/or lumber in large quantities, and includes a significant portion of its product storage outdoors or in warehouse portions of a building.

MAJOR HIGHWAY

Specifically includes the following state roads: Maryland Route 454, Maryland Route 311, Maryland Route 313, Maryland Route 312, Maryland Route 480, Maryland Route 404, Maryland Route 328, Maryland Route 16, Maryland Route 578, Maryland Route 331 and Maryland Route 318 from the Delaware line to Federalsburg.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel, or contiguous parcels, of land divided into two or more manufactured home lots for rent or sale.

MARINA

An establishment providing docking, moorage space and activities relating to the maintenance and minor repair of pleasure boats and yachts.

MASSAGE

Any method of treating, or attending to, the external parts of the human body (other than the scalp) by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm, foot or other body part, or by instrument or device, applied by a massage technician, for compensation, or without compensation and in connection with or related to any other service, sale, transaction, or exchange for compensation.

MASSAGE ESTABLISHMENT

Any establishment, building, structure, premises, room, or other location or site where a massage technician administers a massage to another person. "Massage establishment" does not include a hospital, nursing home, medical clinic or other establishment, building, structure, premises, room, or other location or site where massages are administered by any individual who is a medical practitioner, a massage therapist, or a massage practitioner.

MASSAGE PRACTITIONER

A registered massage practitioner as that term is defined by § 3-5A-01 of the Health Occupations Article of the Annotated Code of Maryland, or a person excepted from the requirement to be certified or registered before practicing massage therapy or nontheraputic massage pursuant to an exception set forth in § 3-5A-05(a)(2) of the Health Occupations Article of the Maryland Annotated Code who is practicing massage under the limited circumstances allowed in § 3-5A-05(a)(2).

MASSAGE TECHNICIAN

An individual who administers a massage to another individual. "Massage technician" does not include:

(1) A massage practitioner;

(2) A massage therapist; or

(3) A medical practitioner.

MASSAGE THERAPIST

A certified massage therapist as that term is defined by § 3-5A-01 of the Health Occupations Article of the Annotated Code of Maryland.

MEDICAL PRACTITIONER

A physician, dentist, optometrist, chiropractor, podiatrist, psychologist, physical therapist, nurse, or other similar health professional licensed and/or certified by the state.

MOBILE HOME

A dwelling or structure manufactured and designed to be transportable on one or more permanent, integral chassis and designed to be used with or without a permanent foundation, regardless of whether or not wheels, axles, hitch or other appurtenances of mobility are removed; the nature of the foundation provided; whether or not all utilities, plumbing, electrical wiring, kitchen or bathing facilities are disconnected or removed; and its actual use. A travel trailer or recreational vehicle shall not be construed to be a "mobile home" or vice versa. A single-chassis mobile home is commonly known as a "single-wide or straight mobile home," and a multiple-chassis mobile home is commonly known as a "double-wide or multisection mobile home."

MOBILE HOME PARK

A tract of land in single ownership which has been developed with all necessary facilities and services in accordance with all the requirements of this chapter to provide accommodations for two or more mobile homes as living quarters, and includes all structures, vehicles, accessories and appurtenances used or intended as equipment in such a park. This definition does not include mobile homes used for farm laborer housing.

MOBILE HOME SUBDIVISION

A residential subdivision planned and developed for mobile homes in accordance with this chapter and the Caroline County Subdivision Regulations.[4]

MODULAR DWELLING OR BUILDING

A dwelling or building consisting of a system of building subassemblies, including the necessary facilities and other service systems, manufactured in its entirety or in substantial part off-site and transported to the point of use for installation or erection as a finished building or as part of a finished building, designed for use only on a site-built permanent foundation and not designed for ready removal to another site and not constructed on a permanent, integral chassis. A "modular dwelling or building" shall not be distinguished from a conventionally or site-built dwelling or structure.

MONUMENTS AND MEMORIAL STONES AND MARKERS

A burial vault, sepulcher, edifice, item, identifying marker, or similar item intending to mark the location of an interment, burial site, or to identify a particular site on which a particular event occurred or to honor a specific person or persons.

MOTEL

A building or group of buildings in which lodging is provided for more than four transient guests, offered to the public for compensation and in which access to and from each room or unit is through an exterior door. As such, it is open to the public in contradistinction to a boardinghouse or an apartment house.

MOTOR VEHICLE DEALER

A building, structure or area of land used for the storage or display for sale of motor vehicles but not used for the storage of dismantled or wrecked motor vehicles.

MUSEUM

A building serving as a repository for a collection of natural, scientific, historic, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include the sale of goods and meeting facilities as accessory uses.

NATURAL WOOD WASTE RECYCLING FACILITY

An area of land, structures and/or facilities where natural wood waste (i.e., trees, tree stumps, brush, limbs, root mats, logs and other natural vegetative wastes) are processed into reusable materials and/or materials that may be safely applied to land, excluding any individually owned natural wood waste recycling/reprocessing operation that does not accept natural wood waste generated by persons unrelated to such individual or generated on premises not owned, used or operated by such individual.

NONCONFORMITY OR NONCONFORMING

A lot, structure or use lawfully existing before the effective date of this chapter or a previous Zoning Ordinance which does not conform to the current regulations of the zoning district in which it is located.

NONHAZARDOUS SOLID WASTE

Solid waste that is not hazardous waste.

NUDITY

(1) The showing of the human male or female genitals, pubic area, anus or buttocks with less than fully opaque covering;

(2) The showing of the female breast with less than a fully opaque covering over any part below the top or uppermost part of the nipple; or

(3) The depiction of covered male genitalia in a discernibly turgid state.

NURSING HOME

A place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries who do not require extensive or intensive care such as is normally provided in a general or other specialized hospital, including rest homes, convalescent homes and homes for the aged. A "nursing home" does provide medical, nursing, convalescent or chronic care in addition to room and board.

OCCUPANCY, CERTIFICATE OF

A written statement, issued by the Zoning Administrator to the applicant for a zoning certificate and/or building permit after completion of the final inspection, which states that the structure, building or use conforms to the provisions of this chapter, the terms of the zoning certificate and/or building permit and other related applicable laws, rules and regulations, including but not limited to plumbing, grading, sediment control, water supply, sewerage, electrical, stormwater management, premise address, fire code and building code.

OFF-PREMISES SIGN

A sign that advertises a business, product, service or event or directs persons to a different location from where the sign is installed.

ON-PREMISES SIGN

A sign that is located on the same premises with the person, business, event, property, service or situation advertised or identified.

OWNER

The person, partnership, corporation, company or other legal entity holding current legal title to a lot, tract or parcel of land.

PARKING SPACE, OFF-STREET

An all-weather surfaced area, not within a road right-of-way, permanently reserved for the temporary storage of one motor vehicle and connected with a road by an all-weather surfaced driveway which affords satisfactory access for motor vehicles.

PARTIAL NUDITY

A state of dress in which opaque clothing or material covers primarily and little else other than:

(1) The human male or female genitals, pubic area, anus, or buttocks; or

(2) The female breasts below the top or uppermost part of the nipple.

PAVED ROAD

A road covered with either a rigid or flexible pavement such as bituminous surface treatment, asphalt concrete or portland cement concrete.

PERMANENT CONSTRUCTION

Any structure built or placed on a site for more than 90 consecutive days.

PET SERVICES

The retail sale of animals customarily used or kept as domesticated household pets and/or the provision of veterinary grooming totally within a building. This use includes pet stores and pet grooming shops, but excludes uses for livestock or other animals.

PLANT

The total floor area of an enclosed building used for manufacturing, assembly or warehousing, plus the total area of the accessory structures.

PORTABLE STORAGE UNIT, TEMPORARY

A container for the temporary storage or warehousing of merchandise, personal property, or excess materials for 120 days or less. Portable storage units are generally 10 feet to 40 feet long and generally up to 8.5 feet high, and of metal or durable plastic construction, and have access doors.

PREMISES

A lot, together with all buildings and structures thereon.

PROCESSING

The moving, sorting, breaking, beneficiation, storage or compounding of mineral resources. Processing includes the cleaning, mixing, sorting, washing, and other processing of extracted material, including but not limited to cement mixing. Processing does not include the manufacture of asphalt. The retail, wholesale, or contractual purchase, sale or transfer of mineral products is within the scope of this definition. The leveling, grading, filling, or removal of materials during normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) does not constitute a mineral processing operation, if: processing of the material does not occur on the property; does not occur over an extended time: on-site stockpiles are fully depleted, moved or utilized in a reasonably short period of time; and, a federal or state mineral extraction permit is not required.

[Added 4-24-2018 by Ord. No. 2018-1]

PRODUCE STAND

An area and/or structure for the primary display and sale of agricultural products processed and grown locally (on the Delmarva Peninsula) and the incidental sale of products produced on the premises, such as jams, jellies, preserves, honey and baked goods.

[Amended 8-12-2014 by Ord. No. 2014-1]

PUBLIC UTILITIES

Uses or structures for the public purpose of power transmission and distribution, but not power generation; natural gas transmission and distribution, but not manufacturing or storage; water treatment and distribution; sewage collection and treatment; telephone service facilities; radio and television facilities, not including broadcasting studios; and rail or road rights-of-way, not including stations or terminals.

RACETRACK

A measured course where animals or machines are entered in competition against one another or against time, not including tracks that are used only in the training of animals.

RAILROAD SIDING

A short stretch of railroad track used to store rolling stock or enable trains on the same line to pass.

[Added 8-12-2014 by Ord. No. 2014-1]

RECREATIONAL EQUIPMENT, MAJOR

Mobile apparatus specifically designed for temporary habitation or recreational activities, including travel trailers, pickup campers, motorized dwellings, tent trailers, boats, boat trailers, houseboats or storage containers used for transporting recreational equipment.

RELIGIOUS FACILITIES

A building or premises where persons regularly assemble for religious worship and/or training, including those accessory activities customarily associated therewith, and where the buildings and premises are maintained and controlled by a religious body organized to sustain public worship. Uses include, but are not limited to, churches, synagogues or temples, parsonage or rectory, convent or monastery or novitiates, and religious retreat facility.

RENEWABLE ENERGY SOURCE

Any method, process, or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy, and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes. Also see "solar energy systems, accessory," "solar power plant" and "small wind-energy system."

[Amended 8-12-2014 by Ord. No. 2014-1]

RESCUE AND SANCTUARY FACILITIES

An animal welfare facility that provides humane care for domestic animals, primarily dogs, cats and small household pets, and livestock and provides adoption services for adoptable animals. "Livestock" includes cattle, equine, sheep, goats and swine. This use does not include buying, selling or intentional breeding or trading of animals for commercial purposes. Individual residences that serve as foster homes for animals are not considered animal rescue and sanctuary facilities.

RESIDENTIAL TRUCKING OR SERVICE BUSINESS

A business where drivers and other employees report to a residential lot to pick up a vehicle or trailer for use in a business which transports goods from one point to another off-site, or which provides services at off-site locations, and in which goods are not regularly stored on the residential lot.

RESOURCE RECOVERY FACILITY

A nonhazardous solid waste waste-to-energy incinerator permitted pursuant to Title 2 and/or Title 9 of the Environment Article of the Maryland Annotated Code.

RESTAURANT

An establishment in which food or beverages are cooked or prepared to order and offered for sale and where consumption is permitted on the premises at tables or booths, whether or not entertainment is offered, and includes establishments commonly known as "grills" and "cafes."

RESTAURANT, DRIVE-IN

Any restaurant designed to permit or facilitate the serving of meals, sandwiches, ice cream, beverages or other food, served directly to, or permitted to be consumed by, patrons in automobiles or other vehicles parked on the premises, or permitted to be consumed by patrons elsewhere on the site, outside the main building, or off-site.

RESTAURANT, FAST-FOOD

A building or part of a building used to furnish food and beverages in disposable containers to the public where customers place their orders at an inside service counter or drive-through window for consumption, either indoors, outdoors, or off-site.

RIGHT-OF-WAY

A strip of land designated for the use of a road, highway, driveway, alley or walkway or for any drainage or public utility purpose or other similar use.

ROAD

A way for vehicular traffic which provides primary access to abutting properties, including the rights-of-way. "Roads" may be classified as follows:

(1) MAJOR ARTERIAL ROAD A road intended to carry large volumes of traffic, with an average daily traffic of 1,000 or more vehicles per day, usually a state road.

(2) ARTERIAL ROADS Segments of the County roads system which carry moderate traffic and act as feeders to state highways or major arterial roads and all roads in subdivisions which provide access or may in the future provide access to 50 or more lots.

(3) COLLECTOR ROADS Segments of the County roads system which carry light traffic, are nonconducive to through traffic and serve primarily local traffic and all roads in subdivisions which provide access or in the future may provide access to fewer than 50 lots.

(4) CUL-DE-SAC ROAD A short road having but one end open for vehicular traffic, the other being permanently terminated by a turnaround for vehicles.

ROTOR DIAMETER

The cross-sectional dimensions of the circle swept by the rotating blades.

RURAL SPECIAL EVENT VENUE

A privately owned facility or designated area of a parcel located in the R or R-1 Zoning District where special events are planned and permitted to occur for compensation. Special event venues may be for-profit or not-for-profit. The venue may be entirely within a structure and/or outside of a structure. "Special events" include personal, business, or social engagements or activities where guests assemble for ceremonies, parties, weddings, reunions, celebrations, or other similar uses, during which food and beverages may be served to guests and music and/or other entertainment may be provided to guests.

[Added 10-6-2020 by Ord. No. 2020-1]

SADOMASOCHISTIC ABUSE

(1) Flagellation or torture, whether real or simulated, by or upon an individual; or

(2) The condition of being, or causing oneself or another to be, fettered, bound, or otherwise physically restrained.

SALES, RETAIL

The sale of goods, merchandise and commodities to the consumer for direct consumption and not for resale.

SALES, WHOLESALE

The sale of goods, merchandise and commodities for resale, not for direct consumption.

SALVAGE OR JUNK YARD

Any land or structure used for the collecting, storage, salvaging or sale of junk or for the collecting, storing, dismantlement or salvage of more than two unregistered, inoperative motor vehicles, trailers or semi-trailers or the sale of parts thereof.

SAWMILL

A facility where raw timber is cut or stripped to produce lumber or wood products, not including the cutting of timber for use on the same lot by the owner or resident of that lot.

SERVICES, GENERAL

An establishment primarily engaged in selling services, as opposed to products, to the general public or businesses. Direct service stores include tailors, dressmakers, dry cleaners, equipment rentals, laundromats, blacksmiths, barbers, beauty salons, day spas, tanning salons, copy centers, taxidermy, photography studios and shops for the repair of clothing, shoes or household items.

SERVICES, PROFESSIONAL

Rooms and/or buildings used for office purposes by members of any recognized profession, including doctors, dentists, lawyers, accountants, architects, engineers, psychologists, real estate brokers, insurance brokers or other similar professional person, and any office used primarily for bookkeeping, correspondence, research, editing or administration.

SETBACK

The minimum required distance between the point where any structure or use on a lot meets the ground surface and any lot line boundary of a County or state road right-of-way.

SEWAGE SLUDGE

The accumulated semiliquid suspension or settled solids or dried residue of these solids or suspension that is deposited from sewage in a wastewater treatment plant, whether or not these solids or suspensions have been chemically treated.

SHOPPING CENTER

An integrated development of multiple, commercial, retail or service establishments sharing common parking facilities and common access.

SIGN

Any structure or device, in whole or in part, which uses symbolic representations to direct attention, to identify or to advertise any activity, person, group of people or thing.

(1) GENERAL ADVERTISING SIGN A sign used for any activity, person, group of people or thing not located on the premises upon which the sign is located, including billboards.

(2) PUBLIC SERVICE SIGN A sign by a recognized public service organization for the purpose of identifying a geographical area or commercial facilities limited to the individual name(s) or symbol(s) of such commercial facilities.

[Added 8-12-2014 by Ord. No. 2014-1]

(3) BYWAY SIGN Informational signage for scenic byways, All-American roads, etc., recognized by the federal, state or County government.

[Added 8-12-2014 by Ord. No. 2014-1]

SIGN AREA

That area enclosed by the periphery connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign are to be included in determining "sign area." On a two-sided sign, only one face is counted in computing the sign's area, provided that the faces are located not more than two feet from each other.

SIGNIFICANT AMOUNT

(1) At least 20% of the stock in the establishment or on display consists of adult entertainment or material or houses or contains devices depicting, describing, or relating to adult entertainment or material; or

(2) At least 20% of the usable floor area is used for the display or storage of adult entertainment or material or houses or contains devices depicting, describing, or relating to adult entertainment or material; or

(3) At least 20% of the gross revenue is, or may reasonably be expected to be, derived from the provision of adult entertainment or material.

SITE PLAN, MAJOR

A drawing or plat which describes and locates required improvements of a development tract that are 20,000 square feet or greater of disturbance in accordance with the provisions of Article XIV of this chapter.

[Amended 8-12-2014 by Ord. No. 2014-1]

SITE PLAN, MINOR

A drawing or plat which describes and locates required improvements of a development tract that are less than 20,000 square feet of disturbance in accordance with the provisions of Article XIV of this chapter.

[Added 8-12-2014 by Ord. No. 2014-1]

SMALL WIND-ENERGY SYSTEM

A wind-energy system that 1) is used to generate electricity; 2) has a rated nameplate capacity of 100 kilowatts or less; and 3) has a total height, as defined in this Chapter 175, of not more than 199 feet.

SMALL WIND-ENERGY SYSTEM OWNER

The person that owns the real property upon which a small wind-energy system will be operated. For purposes of the provisions in this Chapter 175, the small wind-energy system itself may be leased or owned. Ownership of the real property may include occupancy pursuant to a lease with the consent of the lessor of the real property.

SOLAR ENERGY SYSTEMS

[Added 8-12-2014 by Ord. No. 2014-1; amended 12-12-2017 by Ord. No. 2017-2[5]]

(1) ACCESSORY Any roof-mounted or freestanding solar array that is accessory to and incorporated into the development of an authorized use on a parcel, and which is designed for the purpose of reducing or meeting on-site energy needs.

(2) COMMERCIAL A nonaccessory commercial facility, including shared community facilities, comprised of one or more freestanding, ground-mounted devices that convert sunlight into electricity for the primary purpose of wholesale or retail sales of generated electricity. A solar energy system may be made up of one or more parcels. Utility connections are not subject to solar energy system regulations.

(a) SMALL-SCALE A solar energy system that is engineered and designed to produce up to two megawatts of power.

(b) LARGE-SCALE A solar energy system that is engineered and designed to produce over two megawatts of power.

SOLAR ENERGY SYSTEMS, ACCESSORY

Includes any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to, and incorporated into the development of an authorized use of the property, and which are designed for the purpose of reducing or meeting on-site energy needs.

[Added 8-12-2014 by Ord. No. 2014-1]

SOLID WASTE

Garbage, refuse, debris or material that is discarded, abandoned or disposed by its original generator, excluding sewage discharged to a lawfully operated sewage treatment facility and/or irrigation return flows.

SOLID WASTE DISPOSAL FACILITY

Any facility, other than a resource recovery facility, for the disposal of nonhazardous solid waste that is permitted pursuant to Title 9 of the Environment Article of the Maryland Annotated Code, including a municipal sanitary landfill, rubble landfill, an incinerator, or a medical waste disposal facility.

SOLID WASTE PROCESSING FACILITY

An area of land, structures and/or facilities for the processing and/or transfer of nonhazardous solid waste that is authorized and, if necessary, permitted pursuant to Title 9 of the Environment Article of the Maryland Annotated Code, including: a construction and demolition debris recovery and/or sorting facility; a rubble processing, recovery and/or sorting facility; a scrap tire processing facility; a transfer station; a used oil collection facility; a white goods reprocessing facility. The following sites do not come within the definition of solid waste processing facility for purposes of this chapter:

(1) Collection sites serving rural residential areas, provided that solid waste is not transferred from solid waste collection vehicles (e.g., garbage trucks or roll-off container transport trucks) to another transportation unit.

(2) A site where a person processes solid waste generated on the premises and reuses any by-product of such waste processing on the premises or delivers and/or disposes of such solid waste at an authorized or permitted site.

(3) An individually owned composting operation and/or natural wood waste recycling operation that is excluded from the definition of compost facility or natural wood waste recycling facility; and

(4) Agricultural waste processing and/or disposal that is conducted pursuant to State laws and regulations that govern agricultural operations and businesses.[6]

SPECIAL USE EXCEPTION

Permission by the Board of Zoning Appeals to establish a specific use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would comply with the purpose and intent of this chapter. Such uses may be approved within a zoning district if specific provision for such a "special use exception" is made in this chapter.

STABLE

(1) NONCOMMERCIAL STABLE Any building, structure, or land, accessory to the principal use of the premises as a residence, used for the shelter or care of horses or similar animals kept for the exclusive use of the occupants of the premises or any building or land where horses are bred, raised or trained on a farm by the occupants for pleasure, show or racing. A stable may include an indoor riding area or other amenities directly associated with the care of horses or similar animals.

(2) COMMERCIAL OR CLUB STABLE Any building or land used for the shelter or care of horses or similar animals that are kept for hire, sale, boarding, riding or show. A stable may include an indoor riding area or other amenities directly associated with the care of horses or similar animals.

STORY

That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor or ceiling next above it.

(1) HALF STORY A space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate, when not more than 60% of said floor area is used for rooms, baths or toilets. A "half-story" containing an independent apartment or living quarters shall be counted as a full story.

STREAM, BUFFER

An area established or managed with appropriate vegetation to protect aquatic, wetland, shoreline and terrestrial environments by minimizing man-made disturbances.

STREAM, INTERMITTENT

A stream in which surface water is absent during part of the year as shown on the most recent 7 1/2 Minute USGS Topographic Quadrangle Maps or as determined by field verification confirmed by the Natural Resource Conservation Service.

STREAM, PERENNIAL

A stream containing surface water throughout an average rainfall year, as shown on the most recent 7 1/2 Minute USGS Topographic Quadrangle Maps or as determined by field verification confirmed by the Natural Resource Conservation Service.

STREET

See "road."

STRUCTURE

Anything constructed or erected which requires location on or in the ground or attachment to something having a location on or in the ground. By way of example and not limitation, private or commercial pipe lines, in-ground swimming pools and related apparatus, underground vaults for storage or safety, photovoltaic solar systems and similar items are included in the term.

STUDIO

An instructional facility specializing in the instruction of a limited number of groups or individuals in a specific task or skill, including but not limited to art, music, dance, drama, crafts, martial arts and physical education. These facilities shall generally conduct business by appointment or based on a regular class schedule and shall not include dance halls or similar businesses.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development of the land or territory subdivided.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a building or structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official prior to the submission of an application for a permit and which are the minimum necessary to assure safe living conditions.

TAVERN, BAR, NIGHTCLUB, LOUNGE

An establishment where the primary activity is the sale and consumption on the premises of alcoholic beverages and where food service is secondary to the sale of alcoholic beverages and which may offer entertainment or dancing.

TEMPORARY DEVELOPMENT

Any building, construction, and/or assemblage of structures such as construction sheds, seats, canopies, tents and fences used in construction work for temporary purposes, such as reviewing stands, fairs, carnivals or flea markets, which are completely removed upon the expiration of 90 days or less as stated in the permit.

TOTAL HEIGHT

For vertical blade systems, the vertical distance measured from ground level to the tip of a wind generator blade when the tip is positioned at its highest vertical point, and for horizontal blade systems, to the tallest point of the system. This definition excludes building-supported small wind-energy systems.

TOWING SERVICE AND WRECKED VEHICLE STORAGE

A service to tow motor vehicles which cannot be moved under their own power, such business shall include vehicle storage lot to store motor vehicles involved in accidents which cannot otherwise move under their own power. In no event shall any single stored vehicle remain on such storage lot for a period in excess of 90 days. No wrecking, salvage dismantling or sales of used auto parts shall be conducted from towing or wrecker service premises, or from the premises on which such vehicles are stored. Additionally, should any such vehicles remain on such lot for a period in excess of 90 days, such lot shall be deemed to be a "salvage yard or junkyard" under the provisions of this Zoning Ordinance.

TRUCKING OR SERVICE BUSINESS

A business where drivers and other employees report to a business or commercial lot to pick up a vehicle or trailer for use in a business which transports goods from one point to another off-site, or which provides services at off-site locations, and in which goods are not regularly stored on lot.

TRUCK TERMINAL

A facility for handling dispatch operations and/or in which freight brought by motor truck is assembled, stored and/or transferred for shipment by motor truck.

[Added 8-12-2014 by Ord. No. 2014-1]

USE

The purpose or activity for which land or any building thereon is designed, arranged or intended or for which it is occupied or maintained.

(1) PRINCIPAL USE The specific primary purpose for which a premises is used.

VARIANCE

A modification of the terms of this chapter with regard to height, area and size of structures or size of yards and open spaces.

VETERINARY HOSPITAL OR CLINIC

A building or premises for the medical or surgical treatment of domestic animals or pets.

VIEWING BOOTH

A space or area in which a display device is located for purposes of viewing pictures, films, videotapes, or other images.

VISITOR CENTER

A building offering information and services to visitors on the area's attractions, lodgings, brochures, maps and directions and may be located at an historical or archaeological site, park, or nature reserve. It may also offer guided tours, educational exhibits, artifact displays (natural or cultural history), restrooms and incidental sales of snacks, beverages, souvenirs and related items.

[Amended 8-12-2014 by Ord. No. 2014-1]

WAREHOUSING AND STORAGE

Buildings used for the rental of space to the public for the storage of merchandise, commodities or personal property and where access is under the control of the building management.

WAREHOUSES, MINI-STORAGE

A building or group of buildings which are composed of contiguous individual units which are rented to the public for the storage of personal property and which have independent access and locks under the control of the tenant.

WASH PLANT

A facility where minerals are separated/sorted and/or washed during processing.

[Added 4-24-2018 by Ord. No. 2018-1]

WASTEWATER TREATMENT FACILITY

Any facility or plant for the treatment, storage or disposal of waterborne or industrial wastes, including but not limited to sewage treatment plants, land application of waste products or effluent, lagoons, accessory sludge storage and disposal facilities for sludge produced on site and sludge incinerators. This definition does not include the seasonal land application of sewage sludge or other waste products to agricultural, forest or marginal land where no permanent distribution facilities are installed and where the loading rate is limited by the nutrient requirements of the crop or cover vegetation as recommended by the Department of Agriculture. This definition also does not include any facility used exclusively by a private residence, any facility utilizing septic tanks and subsoil absorption, the disposal of septage pumpings in locations licensed by the County Health Department or the disposal of sewage sludge in a licensed sanitary landfill.

WATER SUPPLY TREATMENT FACILITY

A facility for the storage, distribution, chemical coagulation, settling, filtration, disinfection, fluoridation, aeration or any combination thereof of a water supply for human consumption or industrial use. This definition includes water storage tanks or towers but not wells or reservoirs.

WILD GAME PROCESSING FACILITY

A facility for the custom processing (skinning, boning, cutting, grinding and wrapping) of wild game. Game includes small and large animals such as birds, rabbits, squirrels, pheasants, quail, dove, ducks, deer, turkey and geese.

WILDLIFE REHABILITATION FACILITIES

A facility that has a state-licensed wildlife rehabilitator license to rehabilitate orphaned, injured, sick, or otherwise debilitated wildlife to a physical condition where they can be restored to the wild. "Wildlife" includes wild mammals, wild birds (including their nests and eggs), reptiles, amphibians, mollusks, crustaceans, and fish. The term "wildlife" includes both resident and migratory wild animal species, whether they are native to the state or introduced. Feral animals are not considered wild animals.

WIND-ENERGY SYSTEM

Equipment, including equipment necessary thereto, that converts and then stores or transfers energy from wind into usable forms of energy. Such equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire, or other component used in such system.

WIND GENERATOR

The blades and associated mechanical and electrical conversion components mounted on the top of a wind tower.

WIND TOWER

The monopole, freestanding, or guyed structure that supports a wind generator.

WINERY, BREWERY, CIDERY, AND/OR DISTILLERY

An establishment engaged in the production of wine, beer, cider and/or spirits made from locally harvested fruit (on the Delmarva Peninsula) for wholesale distribution, including a tasting room to provide for the incidental retail sale of wine, beer, cider, and/or spirits and their by-products produced on site.

[Amended 8-14-2018 by Ord. No. 2018-4]

YARD

An open space, other than a court, on a lot that is unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter; the area between a lot line and the building line.

(1) FRONT YARD A yard extending across the front of a lot between the side lot lines and being the horizontal distance between the front lot line and the principal building or any projections thereof, other than uncovered steps, balconies, terraces or unenclosed porches. On corner lots, the "front yard" shall be considered as parallel to the street upon which the lot has its least dimension.

(2) REAR YARD A yard extending across the rear of the lot between the side lot lines and being the horizontal distance measured between the rear lot line and the rear of the principal building or any projection, other than uncovered steps, balconies, terraces or unenclosed porches.

(3) SIDE YARD A yard between the principal building and the side line of the lot and extending from the front yard to the rear yard and being the horizontal distance between the side lot line and side of the principal buildings or any projection, other than steps, balconies, terraces or unenclosed porches.

ZONING ADMINISTRATOR

The zoning administrative officer or an authorized representative designated by the County Commissioners to carry out duties as specified in this chapter.

ZONING CERTIFICATE AND/OR BUILDING PERMIT

A written statement issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

ZONING DISTRICT

An area within which certain uses of land and structures are permitted and certain others are prohibited, yards and other open spaces are required, and minimum lot areas and dimensions and other requirements are established.

[2] Editor’s Note: Former Subsection (4), which provided the definition of "townhouse dwelling" and which immediately followed, was repealed 8-12-2014 by Ord. No. 2014-1.

[3] Editor's Note: A diagram that visually represents the different types of lots defined herein is on file and open to public inspection during regular business hours in the County Planning and Codes Administration office.

[4] Editor's Note: See Ch. 162, Subdivision of Land.

[5] Editor's Note: This ordinance also superseded the definition of "solar energy systems, accessory, added 8-12-2014 by Ord. No. 2014-1, which immediately followed this definition.

[6] The former definition of “solid waste transfer station,” which immediately followed this definition, was repealed 4-27-2004 by Ord. No. 2004-003.