Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
ACCESSORY USE, STRUCTURE or BUILDING
A use, structure or building on the same lot with, and of
a nature customarily incidental and subordinate to, the principal
use, structure or building.
ADULT ENTERTAINMENT ACTIVITY -
Any commercial activity, whether conducted intermittently
or full time, which involves:
[Added 7-8-2019 by Ord.
No. 7-2019]
(1)
Any building, room, place or establishment where the majority
of items for sale, display, exhibition or viewing of books, magazines,
films, photographs or other materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to human
sex acts or by an emphasis on male or female genitals, buttocks or
female breasts; or sadomasochistic abuse, sexual conduct, or sexual
excitement as those terms are defined in Title 11 of the Criminal
Law Article of the Maryland Annotated Code;
(2)
Any building, room, place or establishment where manipulated
massage or manipulated exercises are practiced for pay upon the human
body by anyone not a duly licensed physician, osteopath, chiropractor,
registered nurse and practical nurse operating under a physician's
directions, registered speech pathologist, physical or occupational
therapist who treats only patients recommended by a licensed physician
and operates only under such physician's direction, or licensed massage
therapist; whether with or without the use of mechanical, therapeutic
or bathing devices. The term shall not include a regularly licensed
hospital, medical clinic or nursing home, duly licensed beauty parlors
or barbershops;
(3)
Any building, room, place or establishment which provides topless
dancers, go-go dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers; or
(4)
Any building, room, place or establishment which provides for
off-track betting, telephone betting, internet or wireless betting,
or satellite simulcast betting for wagering, betting or gambling purposes.
AGRICULTURE
The tilling of soil, raising of crops, forestry, horticulture,
gardening and animal husbandry, and including the sale of crops and
dairy and horticultural products incidental to the operation of a
farm.
ALLEY
A minor right-of-way, privately or publicly owned, primarily
for service access to the back or sides of properties.
ALTERATION
(1)
A change or rearrangement in the structural
parts of a building or in its facilities or its extension either horizontally
or vertically.
(2)
Any renovation to a building which would change
its use classification.
ALTERNATIVE LIVING UNIT (ALU)
A residence that provides residential services for individuals
who, because of developmental disability, require specialized living
arrangements; admits not more than three individuals; and provides
10 or more hours of supervision per unit, per week or as may hereinafter
be defined by the state. (preemptive; state)
[Added 9-13-1999 by Ord. No. 7-99]
ASSISTED LIVING
A residential or family-based program that provides housing
and supportive services, supervision, personalized assistance, health-related
services or a combination of these services to meet the needs of residents
who are unable to perform or who need assistance in performing the
activities of daily living or instrumental activities of daily living
in a way that promotes optimum dignity and independence for residents
or as may hereinafter be defined by the state.
[Added 9-13-1999 by Ord. No. 7-99]
AUTOMOBILE SERVICE STATION
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing and repairs.
BACKYARD CHICKENS
Chickens that are raised in the City which meet the requirements
of the zoning ordinance. Said practice shall not be considered animal
husbandry as referenced in the zoning code.
[Added 12-11-2023 by Ord. No. 09-2023]
BOARDINGHOUSE
An establishment where meals and/or lodging is provided for
compensation by prearrangement, but without limitation on time periods
involved, with lodging for compensation other than in dwelling units,
and for a total of five to 19 roomers and/or boarders.
BUILDING
A structure with a roof intended for the shelter or enclosure
of persons or property. Where roofed structures are separated from
each other by party walls having no openings for passage, each portion
so separated shall be considered a separate building.
BUILDING SETBACK LINE
A line parallel to and the distance from the curbline of
a public or private street as specified in this chapter which determines
the location of a future building or structure.
CANNABIS DISPENSARY
A person or entity licensed by the state that acquires, possesses,
transfers, sells, dispenses, or distributes products containing cannabis
or relating to cannabis, both natural and synthetic, in any and all
forms, and related supplies and products, at a state-licensed dispensary
pursuant to state law and regulation.
[Added 4-11-2016 by Ord.
No. 21-2016]
CLUB, PRIVATE
An establishment operated for the social, educational or
recreational benefit of the members thereof in which no enterprise
is conducted except for the convenience of the members thereof and
their guests.
COMMERCIAL SPORTS FACILITY
A privately owned and operated establishment providing indoor
and/or outdoor facilities for team and individual sports, fitness
and recreation opportunities to the general public.
[Added 3-8-2010 by Ord. No. 2-2010]
COMMUNITY VILLAGE
[Added 9-13-1999 by Ord. No. 7-99]
(1)
A planned neighborhood containing strategically
located civic and common open space (i.e., squares, playfields and
natural spaces as visual and physical focal points) and which may
include a variety of dwelling types enabled by this Code, subject
to Mayor and Council and Planning Commission approval, attractively
designed with high-quality architectural detail and continuity and
where particular attention is given to the arrangement, placement
and access to off-street parking and the location of detached or attached
garages for the storage of vehicles.
(2)
Upon a finding that the tract size and location
are appropriate, a community village may also include a very limited
core area for a village center, which contains sites for such uses
as a church, day care, school, shops and minor neighborhood business
establishments.
(3)
Appropriately located deciduous street trees,
grass strips between curb and sidewalk and scaled lighting fixtures
along streets are amenities to be included in the community village
designation. The community village designation embraces traditional
neighborhood design, including the use of alleys, variations of traditional
neighborhood design and such other creative land planning design that,
in the discretion of the Planning Commission, is determined to be
appropriate for the location.
COVERAGE
The percentage of the lot area covered by buildings and structures.
DESIGN STANDARDS
Standards established to protect and enhance the character
of the City by regulating various aspects of improvements to existing
buildings as well as ensuring that new construction is compatible
with its surroundings.
[Added 12-8-2008 by Ord. No. 9-2008]
DWELLING
Any building arranged, designed or used, in whole or in part,
to provide living quarters for one or more families, but not including
a tent, mobile home, trailer or recreational vehicle or a room in
a hospital, institutional home, hotel, motel, tourist court, boardinghouse
or rooming or lodging house.
DWELLING TYPES
[Amended 9-13-1999 by Ord. No. 7-99; 9-11-2023 by Ord. No. 06-2023]
(1)
(b)
SEMIDETACHEDA dwelling containing two dwelling units which are joined side by side by the use of a party wall along a lot line.
(c)
ATTACHEDA dwelling containing at least three dwelling units, but not more than six dwelling units, joined side by side by a party wall along a lot line.
(2)
(a)
APARTMENTA dwelling containing two or more dwelling units which are joined together but do not have lot lines between the dwelling units.
[1]
DUPLEXAn apartment dwelling containing two dwelling units one of which is located above the other.
[2]
GARDEN APARTMENTAn apartment structure containing at least three dwelling units but not more than 12 dwelling units and which is not less than two nor more than three stories in height.
[3]
RETIREMENT HOMEAn apartment structure containing at least three dwelling units but not more than eight dwelling units. Retirement homes may be two stories in height, provided that at-grade access can be accomplished for both levels. Occupancy shall be restricted to those meeting the federal definition of "elderly."
(b)
QUADRUPLEXA dwelling containing four dwelling units which are joined to one another by at least two common party walls and/or attached permanent structures, such as a garage.
DWELLING UNIT
One or more living and/or sleeping rooms arranged for the
use of one or more individuals living as a family, with cooking, living
and sanitary facilities, and which is physically separated from any
other dwelling units.
[Amended 9-11-2023 by Ord. No. 06-2023]
FAMILY
One or more persons living together and occupying a dwelling
unit.
FAMILY DAY CARE
Care provided for not more than eight children in the provider's
home on a daily basis rather than on an overnight basis. (Note: This
term is referenced in the definition of "home occupation, special.")
[Added 9-13-1999 by Ord. No. 7-99]
GROUP HOME
A residence that provides residential services for individuals
who, because of developmental disability, require specialized living
arrangements; admits at least four but not more than eight individuals;
and provides 10 or more hours of supervision per home, per week, or
as may hereinafter be defined by the state. (preemptive; state)
[Added 9-13-1999 by Ord. No. 7-99]
HOME OCCUPATION, CUSTOMARY AND INCIDENTAL
An occupation, profession, activity or use that is clearly
a customary, incidental and subordinate accessory use of a residential
dwelling unit by a person residing in such dwelling and which does
not alter the exterior of the property or affect the residential character
of the dwelling or the neighborhood by reason of the activity conducted
in the dwelling and for which a zoning certificate can be issued without
Board of Appeals approval as a special exception.
[Added 9-13-1999 by Ord. No. 7-99]
HOME OCCUPATION, SPECIAL
An occupation, profession, activity or use that by the nature
of the enterprise or activity is more intense than a customary and
incidental home occupation, or where additional off-street parking
is or may be required for the activity by reason of employment of
persons who do not reside in the dwelling, or where deliveries and
pickup of materials or products may be expected to occur and where
Board of Appeals review is determined necessary by the Zoning Administrator
to determine whether the particular activity is appropriate and can
be approved at the particular location and what conditions, if any,
are to be imposed in granting home occupation use as a special exception.
"Special home occupation" may include, by way of example, a beauty
parlor or barbershop, provided that there is one chair and one resident
providing all services associated therewith; family day care provided
by a licensed resident; and the professional office of a resident
realtor, attorney, accountant, architect, insurance agent or other
similar office involving one but not more than two nonresident employees.
"Special home occupation" does not include automotive repair and similar-type
uses.
[Added 9-13-1999 by Ord. No. 7-99]
HOTEL
An establishment where lodging is provided for compensation
other than in dwelling units and for 20 or more persons. Unless otherwise
specified, hotels may serve meals to both occupants and others. For
purposes of these regulations, the term "hotel" shall be construed
to include a motel, motor court, auto court, tourist court, motor
lodge and similar facilities if for 20 or more occupants.
INTERIOR DISTANCE
The minimum distance between two principal buildings located
on the same lot.
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, which has frontage on a
street.
LOT AREA
The area contained within the property lines of a lot, excluding
space within the street right-of-way.
LOT DEPTH
The average distance between the street right-of-way line
and the rear lot line, measured perpendicularly or radially to the
street right-of-way line.
LOT OF RECORD
A lot shown upon a subdivision plan recorded in the office
of the Clerk of the Circuit Court of Carroll County or a lot or parcel
described by metes and bounds, the description of which has been so
recorded.
LOT WIDTH AT STREET LINE
The distance between the side lot lines of a lot, measured
along the adjacent street right-of-way line.
MOBILE HOME PARK
Any site, lot, parcel or tract of land which is designed,
used or intended to be a rental location for accommodation of two
or more mobile homes for living purposes.
NURSING HOME
A full-time, full-care, residential nursing facility that
provides to its residents medical, nursing and health-care services,
along with housing, meals, and assistance with daily personal needs
and activities, and is staffed on a full-time basis with such medical,
nursing and administrative staff necessary to provide such services
to its residents.
[Added 5-12-2003 by Ord. No. 4-2003]
OLD TOWN
The area of the City of Taneytown known and designated as
the Taneytown Historic District, inventory number Carr-1196, by action
of the City Council on October 9, 1986.
[Added 12-8-2008 by Ord. No. 9-2008]
OPEN SPACE
Any parcel or tract of land or area of water essentially
unimproved and set aside, dedicated, designed or reserved for public
use or for private use in common for owners and occupants of land
adjoining or neighboring such open space in a subdivision development
or community village. "Open space" does not include streets, alleys,
reservations for roads, off-street parking areas (unless exclusively
serving the open space), areas set aside for planned public facilities,
stormwater management facilities, public utility structures or yards
on individual lots.
[Added 9-13-1999 by Ord. No. 7-99]
PARKING SPACE
A storage area for a motor vehicle, said storage area being
provided with access to a public street or an approved private street.
Each parking space shall have a minimum width of nine feet and a minimum
depth of 20 feet, exclusive of access drives, entrances, exits or
driving lanes.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling
density, lot coverage and required open space to the regulations established
in any one residential district by this chapter.
RETIREMENT COMMUNITY AND/OR DWELLING
Residential housing, whether detached or attached, consisting
primarily of dwelling units designed for persons 55 years in age or
older where occupancy is restricted to persons 55 years or older or
to couples where one is 55 years of age or older. The term "retirement
dwelling" may include independent housing, semi-independent housing
and/or dependent housing, including life care facilities for transitional
residency which culminate in full health and continuing care nursing,
and may include special support services, such as central dining,
limited medical care, laundry services and common recreation and social
services for the primary use of the residents.
[Added 9-13-1999 by Ord. No. 7-99]
SETBACK
The minimum distance by which any portion of a building or
structure must be separated from a street right-of-way or property
line.
[Added 8-9-1999 by Ord. No. 8-99]
SHOPPING CENTER
A group of two or more stores planned and designed as an
integrated unit with off-street parking and loading provided on the
property as an integral part of the unit. Stores shall primarily be
for retailing and maintaining of goods but may also include banks,
personal service shops, eating and drinking establishments, health
clubs, theaters, auditoriums, bowling alleys and skating rinks.
SIGN, ON-SITE
A sign relating in its subject matter to the premises on
which it is located or to products, accommodations, services or activities
on the premises. On-site signs do not include signs erected by the
outdoor advertising industry in the conduct of that business.
STREET
Includes a street, avenue, boulevard, road, highway, freeway,
lane, alley, viaduct and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
STRUCTURE
Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. This does not include fences; power, gas, water, sewage or communication lines or poles; towers or pole structures; or sidewalks, driveways, curbs, streets or parking areas, except those regulated in other areas of the Code of the City of Taneytown, including, but not limited to, Chapter
94 and Chapter
181.
[Amended 12-11-2017 by Ord. No. 16-2017]
YARD
A required open space unoccupied and unobstructed by any
portion of a building or structure from the ground upward and in addition
defined as follows:
(1)
FRONT YARDThe required open space lying between the principal building and the front property or street right-of-way line, whichever is closer to the principal building, and extending the full width of the lot.
(2)
REAR YARDThe required open space lying between the principal building and the rear property or street right-of-way line, whichever is closer to the principal building, and extending the full width of the lot.
(3)
SIDE YARDThe required open space between the principal building and the side property line and extending the full depth of the lot.
[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord.
No. 9-99]