The Zoning Code shall include the text and regulations, the Official Zoning Maps and any amendments thereto.
This Zoning Code is adopted pursuant to Article 25A of the Annotated Code of Maryland and the Charter. The Zoning Maps of the County shall be the comprehensive Countywide maps adopted by legislative action simultaneously herewith or subsequent hereto.
A.
The purpose of this Zoning Code is to promote the health, safety, morals and general welfare of the community by regulating the height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of lots, yards and other open spaces and the location and use of buildings, structures and land for business, industrial, residential and other purposes. This Zoning Code is enacted to support the Master Plan and designed to control traffic congestion on public roads; to provide adequate light and air; to promote the conservation of natural resources, including the preservation of productive agricultural land; to facilitate the construction of housing of different types to meet the needs of the County's present and future residents; to prevent environmental pollution; to avoid undue concentration of population and congestion; to facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other public facilities; to give reasonable consideration, among other things, to the character of each district and its suitability for particular uses, with a view to conserving the value of buildings and encouraging the orderly development and the most appropriate use of land throughout the County; to secure safety from fire, panic and other danger; and to conserve the value of property.
B.
It is the policy of Harford County, Maryland, that the provisions of this Zoning Code or any rule or regulation adopted to administer this Zoning Code shall not be interpreted, implemented or intended in any manner so as to regulate, restrict, control, interfere with or govern the use of a person's home with respect to those uses commonly associated with the enjoyment of the home, including the rights of parents to educate their children in their own home and the rights of persons to use their own home for religious activities.
As used in this Part, the following terms shall have the meanings indicated:
To relinquish the right to use or to cease the use of property without the intention to either transfer rights in the property or to resume the use thereof.
The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.
[Added by Bill No. 22-011]
To physically touch, border upon or share a common property line.
An unobstructed way or means of approach to provide entry to or exit from a property.
An independent, self-contained dwelling unit located within a single-family detached dwelling.
[Added by Bill No. 19-029]
A structure or use of land, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot or parcel of land with such principal use.
Any construction that increases the size of a building.
Parcels of land that abut one another.
An entity or establishment that, as its principal business purpose, offers for sale, rental, exhibition or viewing, any printed, recorded, digitally analogued or otherwise viewable matter, any kind of sexual paraphernalia or any kind of live performance, entertainment or exhibition, that depicts, describes or relates to sexual conduct, sexual excitement or sadomasochistic abuse. For purposes of this definition: "sexual conduct" means human masturbation, sexual intercourse, or the touching of or contact with genitals, pubic areas or buttocks of a human, the breasts of a female, whether alone or between members of the same or opposite sex, or between humans and others; "sexual excitement" means the condition of human genitals, or the breasts of a female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity; and "sadomasochistic abuse" means flagellation or torture by or upon a human who is nude, or clad in undergarments, or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained. Adult entertainment center includes an adult bookstore.
The creation, in an area that is not presently in forest cover, of a biological community dominated by trees and other woody plants at a density of at least 100 trees per acre with at least 50% of the trees having the capability of growing to a dbh of 2 inches or more within 7 years.
[Added by Bill No. 22-011]
Agricultural best management practice means an agronomic, conservation or pollution control practice, installation or structure that manages soil loss, nutrients, animal wastes or agricultural chemicals so as to minimize their movement into state waters.
Agricultural best management practice includes strip cropping, terracing, cover crops, grass waterways, animal waste management, conservation tillage, riparian buffers, nutrient management and stream protection practices such as fencing, stream crossings and remote watering devices.
Agricultural best management practice does not include a shoreline erosion control measure authorized by the Department of the Environment under COMAR 26.24.04.
An agricultural product that is treated in order to increase its market value, including but not limited to such processes as canning, milling, grinding, freezing, heating and fermenting.
Products grown or raised on a farm, intended for direct human or animal use, such as vegetables, fruits, dairy products, eggs, grains, meat, poultry, fish, honey, jelly, jam, hay, bedding plants, and wool.
Events related to agricultural vocations, other than temporary uses already permitted in this article, including farm tours, animal rodeos, corn mazes, fee fishing and hunting, cross country skiing, sledding, pond ice skating and equestrian trail rentals.
An agriculturally oriented park which includes uses such as equine competitions and events, livestock sales and auctions, farm fairs, farmer's markets, trail riding and support services.
The sale of agricultural products.
Uses that serve or support agriculture, including farm equipment service, auction sales of animals, feed and grain mills, farmer's co-ops and agricultural products processing, animal hospitals and veterinary clinics.
All methods of production and management of livestock, crops, vegetation and soil. This includes the related activities of tillage, fertilization, pest control, harvesting and marketing. It also includes the activities of feeding, housing and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses and poultry and handling their by-products.
An area on land or water that is used or intended to be used for the landing and takeoff of aircraft and includes its buildings and facilities, if any.
A serviceway providing a secondary means of access to abutting property and not primarily intended for public access.
Any interior or exterior change that would affect the architectural features of a site or structure.
Any exterior change that would affect the historic, archeological, or architectural significance of any portion of a designated site or structure, including construction, reconstruction, moving, or demolition.
Residential units for no more than 3 individuals organized to project a distinct family and home-like atmosphere.
Streams that are tributary to the Chesapeake Bay and Atlantic coastal bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.
[Amended by Bill No. 22-011]
An animal that is accustomed to living in or about the habitation of man and is dependent on man for food or shelter, excluding livestock and homestead chickens.
[Amended by Bill Nos. 14-1; 23-010]
A public performance featuring jousting, fox hunting, polo, horse shows, horse pulling, bronco riding, calf roping, steer wrestling, bull riding, point-to-point races and steeplechases.
A non-profit facility, as defined by the Internal Revenue Code as amended, established for the purpose of providing shelter and care for domestic animals and livestock that have been abandoned or placed in the shelter by the Harford County government or members of the public for permanent or temporary care. In addition to shelter and care, the facility shall provide evaluative care to determine the adoptability of animals, educational outreach programs on animal care for the community, on-site training programs for staff and volunteers, and areas for animals to exercise and socialize.
[Added by Bill No. 12-48]
A property owner or their designee applying for permits or other approvals required by this chapter.
All the grounds and structures surrounding a designated landmark or Historic District to which that historic landmark or historic district relates physically or visually. Appurtenances and environmental settings are unique to each historic landmark or historic district and may include, but are not limited to, walkways and driveways (whether paved or unpaved), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces and rocks.
[Added by Bill No. 19-004]
The commercial rearing of fish or aquatic plants for sale, trade, barter or shipment.
[Added Bill No. 22-011]
Farming or culturing of finfish, shellfish, other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries and other natural or artificial water bodies or impoundments.
Activities include hatching, cultivating, planting, feeding, raising and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings and growing areas.
Cultivation methods include, but are not limited to, seed or larvae development and grow out facilities, fishponds, shellfish rafts, rack and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices.
Aquaculture has the meaning stated in Natural Resources Article, § 4-11A-01(b), Annotated Code of Maryland.
A permeable geologic formation, either rock or sediment, that when saturated with groundwater is capable of transporting water through the formation.
A structure housing 3 or more commercial mechanical or electronic devices used for amusement.
Scaled and dimensioned drawing done by a licensed surveyor or engineer that accurately depicts the location of all improvements on the property.
See "community center."
A facility to provide supervision, monitoring or assistance with the activities of daily living for more than 25 elderly or disabled persons in a residential setting.
The mean elevation of the highest and lowest points of contact of the structure.
The flood having a 1% chance of being equaled or exceeded in any given year.
An area of a structure having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet.
[Amended by Bill No. 17-004]
Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment.
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
A nonprofit home for the sheltered care of more than 8 unrelated persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, and transportation.
The administrative body of the County vested and charged with the power set forth in this Part 1.
A structure with a roof or cover, or similar device, placed over open water to protect a boat or other vessel.
[Added Bill No. 22-011]
An area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction or highway construction and maintenance.
[Added by Bill No. 22-011]
A facility that produces malt based liquors such as beer, ale, porter, stout and similar grain based beverages on the premises and which possesses the appropriate license from the State of Maryland. The facility may brew, bottle, contract, store and enter into temporary delivery agreements with distributors. Products may be brewed onsite and sold for on-premises or off-premises consumption in accordance with the limits of the appropriate license from the State of Maryland. Said facility may also include site tours and product tasting.
[Added by Bill No. 19-015]
A facility that produces any amount of malt based liquors such as beer, ale, porter, stout and similar grain based beverages to be sold offsite and which possesses the appropriate license from the State of Maryland. Said facility may also include site tours and product tasting.
[Added by Bill No. 19-015]
A restaurant that is permitted to produce malt based liquors such as beer, ale, porter, stout and similar grain based beverages on the premises for consumption on the premises and which possesses the appropriate license from the State of Maryland. If the restaurant use ceases, the use of the premises would be considered and subject to the regulations of a brewery, micro.
[Added by Bill No. 19-015]
Land area left in its natural state or which is vegetated and managed to protect significant and/or sensitive special natural features from the adverse impacts of adjacent land uses or development.[1]
A narrative, graphic description or plan of the Critical Area buffer that is necessary when an applicant proposes a development activity that will affect a portion of the Critical Area buffer, affect Critical Area buffer vegetation or require the establishment of a portion of the Critical Area buffer in vegetation. Buffer management plan includes a major buffer management plan, a minor buffer management plan or a simplified buffer management plan as described in this ordinance.
[Added Bill No. 22-011]
A portion of a lot that may be included within setbacks, improved with plantings, earth berms or fences that acts to soften or mitigate the effects of one land use upon another.
Any structure having a roof supported by columns or walls and intended for the shelter, housing, storage or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
That portion of a lot that is covered by buildings.
The vertical distance of a building or structure measured from the average contact grade to the highest point of the roof.
The line that is located at the front yard setback of a lot and at which the required lot width for the district is met.
Any building which serves a principal permitted use. Any buildings or structures attached to the "principal building," either directly or by a breezeway, shall be considered part of the "principal building."
Establishments primarily engaged in rendering services to businesses on a fee or contract basis, including actuarial services, advertising services, blueprinting and photocopying, catering, credit reporting and collection services, data processing, detective and protection services, direct-mail advertising, disinfecting and exterminating, duplicating and publishing, employment agencies and services, janitorial services, motion-picture distribution services, office or business equipment rental and leasing, photofinishing, secretarial or stenographic, tag and title service, telecommunications and window cleaning.
The diameter of a tree measured:
An area used for a range of overnight accommodation, from tenting to serviced trailer sites, including accessory facilities which support the use, such as administration offices, laundry facilities, washrooms, support recreational facilities, but not including the use of mobile homes, trailers or other forms of moveable shelter on a permanent year-round basis.
A detachable roof like structure supported from the ground, deck, floor, wall or building for the purpose of protection from the sun or weather.
A tree that when mature commonly reaches a height of at least 35 feet.
[Added Bill No. 22-011]
A certificate issued by the Department of Planning and Zoning in conjunction with the Historic Preservation Commission indicating its approval of plans for construction, alteration, rehabilitation, restoration, reconstruction, moving, or demolition of a historic landmark or of a site or structure within a designated Historic District.
[Amended by Bill No. 19-004]
Any use that differs substantially from the previous use of a building or land.
A facilty that produces hard cider (alcoholic drinks made by fermenting the juice of fruit) on the premises and which possesses the appropriate license from the State of Maryland. The facility may produce, bottle, contract, store and enter into temporary delivery agreements with distributors. Products may be produced onsite and sold for on-premises or off-premises consumption in accordance with the limits of the appropriate license from the State of Maryland and the Harford County Liquor Control Board. The facility may also include site tours and product testing.
[Added by Bill No. 22-006]
Cutting or removing trees, ground cover, stumps, and roots, including the movement of topsoil prior to grading.
The removal of the entire stand of trees in 1 cutting with subsequent reforestation obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts or from planting of seeds or seedlings by man.
A place for the treatment of outpatients by 3 or more health professionals in group practice.
A social, civic service or fraternal association or corporation which is organized as a non-profit organization and operated exclusively for educational, social, civic, fraternal, patriotic or athletic purposes.
[Added by Bill No. 19-016]
A social, civic service or fraternal association or corporation which is organized as a for profit organization for educational, social, civic, fraternal, patriotic or athletic purposes.
[Added by Bill No. 19-016]
A yacht or boat club, country club, golf club, swim club or tennis club or other similar use and may be organized as a for profit or non-profit organization. Recreational clubs shall not be open to the general public at any time.
[Added by Bill No. 19-016]
A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat, forest preservation, agricultural preservation, or other permanent open space uses on the remainder.
Sewer pipelines, smaller than 24 inches in diameter, which collect sanitary wastewater from a drainage area and conveys it to the interceptor.
Placement of an antenna on an existing communications tower, building, light, utility pole or water tower where the antenna and all supports are located on the existing structure.
[Amended Bill No. 22-011]
The Code of Maryland Regulations, as from time to time amended, including any successor provisions.
[Added by Bill No. 22-011]
Establishments providing commercial amusement, entertainment or recreation, including arcades, bowling alleys, martial arts clubs and schools, miniature golf courses, pool halls, skating rinks, tennis and racquetball clubs.
The cutting and removal of trees by companies or private individuals for economic gain.
Any self-propelled or towed vehicle used on public roadways to transport passengers or property when:
[Amended by Bill No. 12-44]
The vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds; or
The vehicle is designed to transport more than 15 passengers, including the driver; or
The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding in accordance with the hazardous materials regulations of the United States Department of Transportation; or
A single, full or semi-trailer with a manufacturer's gross vehicle weight rating over 7,000 lbs.
Any structure or device deployed by or on behalf of any government-licensed or government-permitted entity to collect or radiate electromagnetic waves, including directional antennas, microwave dishes and satellite dishes, and omni-directional antennas. Communications antenna does not include a radio operator antenna operated by an amateur radio operator who is licensed by the Federal Communications Commission and whose domicile is on the lot where the antenna and related equipment is placed.
A structure erected to support communications antennas. Communications towers include, and are limited to:
A lattice tower is a structure that consists of vertical and horizontal supports and metal crossed strips or bars to support antennas and connecting appurtenances. Lattice towers may be freestanding or supported by guy wires. (See guyed tower.)
A monopole is a structure that consists of a single freestanding pole structure to support antennas and connecting appurtenances.
A guyed tower is any communications tower using guy wires connecting above grade portions of a communications tower diagonally with the ground to provide support for tower, antennas and connecting appurtenances.
The measurement from the lowest point of the base at ground level on which the tower is mounted to the top of the tower or the top of the highest point, whichever is greater.
A building, which has a permitted capacity in excess of 150 people, is used for recreational, social, educational, cultural or religious activities and is owned and operated by a public or nonprofit organization.
A primary internal landscaped open space designed and intended for the use and enjoyment of the community.
Sub area planning document that further defines the intentional land use and long-range planning objectives adopted by the County Council.
Any solar energy generating system that functions as a principal use that uses energy from the sun to produce electricity for delivery through distribution lines to end-users that satisfies the requirements of the Public Utilities Article of the Annotated Code of Maryland, as amended, and does not exceed 2 megawatts of capacity, as measured in alternating current.
[Added by Bill No. 21-001
A public water system that uses an average of 10,000 gallons per day and services at least 15 service connections used by year-round residents, or regularly serves at least 25 residents throughout the year.
In the Critical Area, conforming means a parcel or lot that meets all Critical Area requirements. Conforming does not include a parcel or lot for which a Critical Area variance is sought or has been issued; or that is located in the resource conservation area and is less than 20 acres.
[Added by Bill No. 22-011]
A residential development in which single-family dwelling lots are concentrated in a selected area or selected areas of the parcel.
A non-possessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.
[Added by Bill No. 22-011]
The performance of work by or furnishing of supplies to members of the building trades, including building contractors; carpentry and wood flooring services; electrical services; energy systems service and products; general contracting; masonry, stonework, tile setting and plastering services; plumbing, heating and air-conditioning services; roofing and sheet metal services; and septic tanks sales, service and installation.
A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground.
Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.
A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of the residents; it may include ancillary facilities for the further employment, service or care of the residents. The facility is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older. Such facilities must meet the current standards as set forth in the Human Services Article of the Annotated Code of Maryland, as amended.
[Amended by Bill No. 13-35]
The entire area around a well or wellfield that is recharging or contributing water to the well or wellfield.
Retail establishments of less than 7,500 gross square feet which accommodate neighborhood needs, including retail bakeries, candy, nut and confection shops, dairy products stores, delicatessens, doughnut shops, drugstores, fruit and vegetable stores, meat and fish stores and grocery and food stores.
An enclosed accessory structure that houses chickens for nesting and shelter.
[Added by Bill No. 23-010]
The wording, logo or other representation on a sign surface.
Facilities where administrative or clerical operations are performed as the principal use for corporations, businesses, companies, partnerships and associations. The term "corporate offices" does not include professional services as defined in this subsection unless such professional services are providing assistance solely for the use of the corporate offices and not the general public.[2]
An historic building used for the lodging of 3 or more transients and managed by an owner or resident.
A fully or partially enclosed area which admits unobstructed light and air, bounded on 2 or more sides by buildings.
The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes, or crop residues such as corn, wheat or soybean stubble which maximize infiltration and prevent runoff from reaching erosive velocities.
[Added by Bill No. 22-011]
An establishment in which dairy products are processed and produced, including incidental retail sales.
All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. Critical Area includes all waters of and lands under the Chesapeake Bay and Atlantic coastal bays and their tributaries to the head of tide, all state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland, all land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland, and modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
[Amended by Bill Nos. 11-05; 22-011]
An area that, based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of bank of a tributary stream or the edge of a tidal wetland; and the area exists, or may be established in, natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. The buffer includes an area of at least 100 feet, even if that area was previously disturbed by human activity, and also includes any expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland or a nontidal wetland of special state concern as defined in COMAR 26.23.01.01.
[Amended by Bill Nos. 11-05; 22-011]
In the Critical Area, buffer yard means an area at least 25 feet wide, located between development activity and tidal waters, tidal wetlands or a tributary stream, planted with vegetation consisting of native canopy trees, understory trees, shrubs and perennial herbaceous plants that is used in modified buffer areas to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits.
[Added by Bill No. 22-011]
A parcel or lot of land in the Critical Area that was created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.
[Added by Bill No. 22-011]
A habitat that:
An establishment engaged in on-site production of individually crafted wood furniture commonly used in dwellings, excluding upholstered furniture.
A facility equipped with, or connected to, one or more computers, used for processing or transmitting data.
A facility operated for the purpose ofproviding nonresidential group care as defined by state law for a specific number of unrelated minor or dependent persons. Day-care center may include a supplementary use to include kindergarten classes approved by the Maryland State Department of Education.
[Amended by Bill No. 22-024]
A residence that is registered by the state in which family day care is provided pursuant to state regulations.
The number of dwelling units per acre of land.
The Department of Planning and Zoning.
A set of guidelines defining parameters to be followed in site and/or building design and development.
The maximum portion of a parcel that may be developed with residential uses under the conservation development standards.
An area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial, institutional or recreational development.
[Added by Bill No. 22-011]
The construction, reconstruction, conversion, erection, alteration, relocation, or enlargement of any building or structure; any mining, excavation or landfill; and any land disturbance in preparation for any of the above. For the purposes of this section, development does not include the construction, reconstruction, conversion, erection, alteration, relocation, enlargement, or installation of poles, wires, cables, conduits, transformers, and similar equipment by a:
The construction or substantial alteration of residential, commercial, industrial, institutional, transportation or utility facilities or structures. In the Critical Area, means human activity that results in disturbance to land, natural vegetation or a structure. Development includes redevelopment.
[Amended by Bill Nos. 11-05; 22-011]
A severe, chronic disability that:
Is attributed to a mental or physical impairment or combination of mental and physical impairments;
Is manifested before the person attains the age of 21;
Is likely to continue indefinitely;
Results in substantial functional limitations in 3 or more of the following major life activity areas: self care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self sufficiency; and
Reflects the person's need for a combination and sequence of special and interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and individually planned and coordinated.
The diameter of a tree measured at 4 1/2 feet above grade.
A disabling physical or mental condition.
The establishment and operation of a plant for distilling, rectifying and blending an unlimited amount of brandy, rum, whiskey, alcohol and neutral spirits and which possesses the appropriate license from the State of Maryland. The sale and delivery of the alcoholic beverages to a person in the state or outside the state that is authorized to acquire the beverages, the manufacturing of alcoholic beverages in the name of certain other persons, acquiring alcoholic beverages from certain persons, conducting guided tours of the premises and selling or serving limited quantities of products manufactured on the premises shall be permitted. The sale of the manufactured product for off-premises consumption to a person on a guided tour of the distillery in accordance with regulations of the State of Maryland shall be permitted.
[Added by Bill No. 19-015]
The establishment and operation of a plant for distilling, rectifying and bottling brandy, rum, whiskey, alcohol and neutral spirits which shall be operated in conjunction with a restaurant or bar and which possesses the appropriate license from the State of Maryland. Said operation may also include retail sales for on-premises or off-premises consumption as permitted by the State of Maryland.
[Added by Bill No. 19-015]
A facility that performs consolidation, warehousing, packaging, decomposition and other functions linked with handling to provide value-added services to freight, often in proximity to major transport routes or terminals. They can also perform light manufacturing activities such as assembly and labeling. Also known as a fulfillment center.
[Added by Bill No. 23-026]
A zoning district.
An alteration or change to the land. It includes any amount of clearing, grading or construction activity. Disturbance does not include gardening or maintenance of an existing grass lawn.
[Added by Bill No. 22-011]
Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.
[Added by Bill No. 22-011]
An imaginary vertical line that extends down from the outermost branches of a tree to the ground.
A private drive providing access to a street or highway.
A building or portion thereof used primarily for human habitation or, where applicable, a single dwelling unit within such building.
A dwelling unit attached to 1 or more dwelling units by walls or roof.
A building containing 4 or more dwelling units, each with a separate entrance.
A building containing 4 or more attached dwelling units, not more than 2 stories, sharing common walls and designed to orient the building units around a central court.
A dwelling unit that is not attached to any other dwelling by any means.
A building on a single lot containing 2 dwelling units, which do not share a common entry.
 Figure 1 Duplex Dwelling |
A building containing 4 or more dwelling units off a common entry and not more than 3 stories.
 Figure 2 Garden Apartment |
A building containing 8 or more dwelling units, containing 6 stories, with a common entry.
[Amended by Bill No. 11-04]
 Figure 3 High-Rise Apartment |
A building on a single lot containing 1 dwelling unit, located with 1 side on or near 1 side lot line and designed to orient interior living space to the other 3 yards.
 Figure 4 Lot Line Dwelling |
A building containing 8 or more dwelling units off a common entry with either 4 of 5 stories.
[Amended by Bill No. 11-04]
 Figure 5 Mid-Rise Apartment |
A structure that is transportable in one or more sections, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and if built after 1974, was constructed to the federal mobile home construction and safety standards and rules and regulations promulgated by the US Department of Housing and Urban Development.
Two or more dwelling units constructed on a permanent foundation, designed for 2 or more families and located on a single lot or parcel.
[Amended by Bill No. 14-1]
A building containing 3 or more attached dwelling units having common walls and/or roof and a separate entry for each unit. For buildings containing more than 4 units, interior units access from the front and rear of the dwelling. End units are oriented to the area away from the interior units.
 Figure 6 Multiplex Dwelling |
A building containing 2 or more attached dwelling units, not more than 1 1/2 stories in height, sharing common walls, and designed to orient interior living space to a court or private open space.
 Figure 7 Patio, Atrium or Court Dwelling |
A duplex dwelling that shares 1 or more common walls with other duplex or townhouse dwellings.
 Figure 8 Row Duplex Dwelling |
A building containing 2 attached dwelling units which share a common wall at the lot line and which are on separate lots.
 Figure 9 Semi-Detached Dwelling |
A building containing 1 dwelling unit on 1 lot and detached from any other dwelling. This does not include a mobile home.
 Figure 10 Single-Family Detached Dwelling |
A building containing 3 or more attached dwelling units in a row having access from the front and rear of the dwelling.
 Figure 11 Townhouse Dwelling |
Accommodations that shall not serve as a permanent residence.
[Added by Bill No. 11-32]
A dwelling designed for 1 or more individuals who function as a single household unit or family.
A dwelling unit consisting of not more than 1 habitable room, together with kitchen or kitchenette and sanitary facilities.
A grant of 1 or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity for a specific purpose.
An exit.
A vehicle that uses electricity for propulsion.
[Added by Bill No. 21-019]
A structure that hosts a connected point in an electrical wiring installation at which current is taken to charge an electric vehicle.
[Added by Bill No. 21-019]
The Director of the Department of Planning and Zoning or the Director's designee.
An integrated venue for indoor and/or outdoor amusement, recreation and social activities with a combination of amusement, recreation, social, retail, office and service uses.
[Added by Bill No. 22-008]
United States Environmental Protection Agency.
A permit meeting the requirements of the National Pollution Discharge Elimination System permit applications regulations for stormwater discharges issued by the EPA on November 16, 1990.
Any structure, cabinet or box, accessory to a communications tower or communications antenna which houses equipment related to the wireless transmission of voice, data or other signal.
The planting or regeneration of native vegetation throughout the Critical Area buffer.
[Added by Bill No. 22-011]
The projected average flow peaked in accordance with the Maryland Department of the Environment design guidelines for sewerage facilities peaking curve.
Include:
[Amended by Bill No. 19-004]
Any exterior design, composition or surface of a site or structure, including the architectural style and general design and arrangement of the site or structure;
The finish, appearance, material and texture of any exterior building material on a site or structure; and
The type, formation and style of a site or structure's windows, doors, light fixtures, siding, roofs, chimneys, signs and any other character-defining exterior components of the site or structure.
Removal or recovery of soil, rock, minerals, mineral substances or organic substances, other than vegetation, from water or land, on or beneath the surface of either, whether exposed or submerged.
A social unit living together.
As defined for purposes of the census of agriculture since 1978, any place that has, or has the potential to produce, $1,000 or more in annual gross sales of agricultural products.
An agricultural processing and manufacturing facility located on a parcel with equipment, components and supplies used for the processing, production and packaging of malt based liquors such as beer, ale, porter, stout and similar grain based beverage on the premises with ingredients being grown on the property on which the facility is located. Said facility shall also include product tasting and may include, among other things, product sales and site tours. Other farm brewer activities may include, but not be limited to, associated cooking, fermenting, bottling, storage, aging, shipping and receiving.
[Added by Bill No. 15-039]
A market held on private property by multiple vendors selling agricultural and agricultural processed products on a limited basis, not exceeding 1 event per crop season.
An enterprise that is collectively owned by a group of farmers, is operated for their mutual benefit and provides goods or services in support of agricultural activities.
An artificially constructed barrier of any material or combination of materials erected to enclose or buffer areas of land.
A performance bond, letter of credit, cash deposit, insurance policy or other instrument of security acceptable to the County.
[Added by Bill No. 22-011]
A building that is owned by a fire company and that under the State Fire Prevention Code has a permitted capacity of more than 150 persons.
Commercial water dependent fisheries facilities including structures for the parking, processing, canning or freezing of finfish, crustaceans and mollusks and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations and shore-based facilities necessary for aquacultural operations.
[Added by Bill No. 22-011]
The channel and a contiguous area of a stream, river or other water body that has been or may reasonably expect to be flooded by the 1% annual storm.
The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating 2 buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than 6 feet.
A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Forest includes areas that have at least 100 trees per acre with at least 50% of those trees having 2-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut, but not cleared. Forest does not include orchards.
[Amended by Bill No. 22-011]
A biological community dominated by trees and other woody plants covering a land area of 1 acre or more. This also includes areas that have been cut, but not cleared. It also includes areas of 1 acre or more in size that have been designated as developed woodlands not only because they predominantly contain trees and natural vegetation, but also contain residential, commercial or industrial structures and uses. Such areas can further be characterized by the presence of at least 400 seedlings per acre, which are vigorous, well-distributed throughout and free to grow to at least 25% tree canopy cover.
The species of birds identified by the Maryland Department of Natural Resources that require relatively large forested tracts in order to breed successfully, such as various species of flycatchers, hawks, owls, warblers, vireos and woodpeckers.
[Amended by Bill No. 11-05]
The protection, manipulation and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration and wildlife habitat, usualy prescribed by a state timber harvest permit, state forst stewardship plan or federal habitat management plan.
[Added by Bill No. 22-011]
The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, aesthetic or water quality values.
[Added by Bill No. 22-011]
The clearing or harvesting of forested or wooded areas, including temporary logging and milling operations, and selective cutting or clearing for commercial purposes.
Goods or materials moved by truck, ship, train, or pipeline.
[Added by Bill No. 23-026]
An outdoor or indoor pad, paved area or structure, where freight in transit is brought or removed by motor truck or railroad to be temporarily stored, assembled, or sorted for routing in intrastate or interstate shipment; and for the purpose of this chapter shall include any building, structure or undeveloped land occupied for the temporary storage, parking or garaging of motor trucks used as common, contract or special carriers operating under intrastate or interstate certificated rights.
[Added by Bill No. 23-026]
That portion of a lot that abuts a road or road right-of-way.
A condition where the buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.
[Added by Bill No. 22-011]
A building or part thereof used or intended to be used for the parking and storage of motor vehicles.
Any business whose primary function is the dispensation of gasoline for vehicles.
Any use characterized by the sale of bulky items and/or outside display/storage of merchandise or equipment, such as lumber and building materials, farm and garden supplies, marine equipment sales and service and stone monument sales.
A retail business for the cultivation and sale of plants grown on the premises in greenhouses or as nursery stock and accessory items directly related to their care and maintenance, such as pots, soil, mulch, fertilizer, insecticides, rakes or shovels. This use includes the storage and sale of mulch incidental to the nursery operation, but does not include the processing or grinding of mulch.
The water contained within the earth's surface that has penetrated from precipitation and from infiltration by streams, ponds and lakes.
Presence of any substance, designated by the U.S. EPA or the State of Maryland as a primary or secondary water quality parameter, in excess of the maximum allowable contaminant level (MCL).
The distance groundwater will travel in a given time.
A home for the sheltered care of more than 8 unrelated persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation.
A hard-surfaced area designed to provide parking for 3 or more dwelling units, for business uses requiring more than 10 parking spaces or any other parking area designed for 20 or more motor vehicles.
The number of acres of land in the Critical Area that the County may use, or allocate to municipal jurisdictions to use, to create new intensely developed areas and new limited development areas. The growth allocation is 5% of the total resource conservation area acreage in the County at the time the Critical Area Commission approved the County’s original Critical Area program, not including tidal wetlands or land owned by the federal government.
[Amended by Bill No. 22-011]
All of the proposed components of a growth allocation that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area and additional acreage needed to meet the development requirements of the Critical Area criteria.
[Added by Bill No. 22-011]
Areas whose geographic location has been mapped by the Harford County Department of Planning and Zoning that have been determined to be important to the County because they contain species uncommon or of limited occurrence in the County or because the species are found in unusually high concentration or because they contain an unusual diversity of species.
[Amended by Bill Nos. 11-05; 22-011]
Habitat protection area includes:
The Critical Area buffer.
A nontidal wetland as defined in COMAR 26.24.01.02B.
A habitat of a threatened species as defined in COMAR 27.01.09.03A.
A habitat of an endangered species as defined in COMAR 27.01.09.03A.
A habitat of a species in need of conservation as defined in COMAR 27.01.09.03A.
A plant habitat as defined in COMAR 27.01.09.04A.
A wildlife habitat as defined in COMAR 27.01.09.04A.
Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.
A plan that provides for the protection and conservation of the species and habitats identified as habitat protection areas in the Critical Area. The plan shall be specific to the site or area where the species or its habitat is located and shall address all aspects of a proposed development activity that may affect the continued presence of the species. These include, but are not limited to, cutting, clearing, alterations of natural hydrology and increases in lot coverage. In developing the plan, an applicant shall coordinate with the Department of Natural Resources to ensure that the plan is adequate to provide for long-term conservation and can be effectively implemented on the specific site.
[Added by Bill No. 22-11]
Any person engaged in the business of selling goods, wares or merchandise, who must be licensed by the state as a "hawker" or "peddler."
Any substance that:
Conveys toxic, lethal, or other injurious effects or which causes sublethal alterations to plant, animal or aquatic life; or
May be injurious to human beings. Hazardous materials include any matter identified as a "hazardous waste" by the Environmental Protection Agency or a "controlled hazardous substance" by the Maryland Department of the Environment.
A tree with a structural defect that decreases the structure integrity of the tree and that because of its location, is likely to fall and cause injury or damage to property (see COMAR 27.01.09.01).
[Added by Bill No. 22-011]
Establishments providing support to the medical profession and patients, including medical and dental labs, blood banks, oxygen and miscellaneous types of medical supplies and services.
Land zoned for densities of more than 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service.
Soils with a slope greater than 15% or soils with a K factor greater than .35 and with slopes greater than 5%.[3]
A significant concentration, linkage or continuity of sites, structures or objects that are united historically, architecturally, archeologically, culturally or aesthetically by plan or physical development.
[Added by Bill No. 19-004]
A site, structure, building, Historic District or object designated by Harford County for its historic, architectural, archaeological or cultural significance and which is worthy of preservation, listed in the Harford County Historic Landmarks List pursuant to § 267-112 (Designated historic landmarks).
[Amended by Bill No. 19-004]
The Commission as set forth in Chapter 9, Boards, Commissions, Councils and Agencies, of the Harford County Code, as amended.
Any business activity regularly conducted by a resident as an accessory use within the dwelling or an accessory building which meets the standards specified in this Part 1 for such use.
An association or other legal entity comprised of owners of land or dwellings, organized to own, operate or maintain open space or facilities used in common by such owners.
A domesticated hen accessory to a residential use.
[Added by Bill No. 23-010]
An institution providing inpatient health-care services and medical or surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related activities, such as laboratories or training facilities.
A building offering transient lodging accommodations to the general public which may provide as accessory uses, restaurants, meeting rooms and recreation facilities.
A building which is designed for the needs of elderly persons and which is subject to management or other legal restrictions that require that the project shall be occupied by households wherein at least one person is aged 55 or over.
Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils, as identified by the United States Department of Agriculture Soil Conservation Service.
Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson and Burke 1985), which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).
[Amended by Bill No. 11-05]
A fee imposed to help finance the cost of improvements or services.
Any surface or material that does not absorb water or substantially reduces the infiltration of stormwater. Impervious surfaces include roofs, streets, sidewalks and parking areas paved with asphalt, concrete, compacted sand, compacted gravel or clay.
The area contributing water to surface watercourses up gradient of the aquifer or wellfield area of contribution.
An entry.
The removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint area, width and length.
[Added by Bill No. 22-011]
An area of at least 20 acres or the entire upland portion of the Critical Area within a municipal corporation, whichever is less, where residential, commercial, institutional or industrial developed land uses predominate and a relatively small amount of natural habitat occurs. These areas include: an area with a housing density of at least 4 dwelling units per acre; an area with public water and sewer systems with a housing density of more than 3 dwelling units per acre.
[Amended by Bill No. 22-011]
Sewer pipe lines 24 inches or larger in diameter.
Surface waters, contained within a defined channel or bed that flow at least once per year. A stream that has been confirmed to be an intermittent stream through field verification, for purposes of these guidelines, includes 2 or more of the following characteristics:
The crossing of 2 or more roads at grade.
A nontidal wetland that is not hydrologically connected, through surface or subsurface flow to streams, tidal or nontidal wetlands or tidal waters.
[Added by Bill No. 16-002]
Any scrap, waste, reclaimable material or debris, either stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use or disposition.
Any land or structure used for the storage and/or sale of junk or the collection, dismantlement, storage or salvage of 3 or more untagged or inoperative motor vehicles, including a salvaging operation, but excluding wrecked motor vehicles stored for a period of not more than 90 calendar days.
Any establishment, not part of an agricultural use, in which 6 or more domestic animals, such as cats, dogs and other pets, more than 6 months old are kept, groomed, bred, boarded, trained or sold.
Any activity that removes the vegetative ground cover.
[Added by Bill No. 22-011]
The improvement of property with lawns, trees, plants and other natural or decorative features.
The limit of a site feature that is farthest away from a tidal water, tidal wetland or tributary stream.
[Added by Bill No. 22-011]
A shrub that, when mature, reaches a height of at least 6 feet.
[Added by Bill No. 22-011]
Material, including salt and certain components of concrete, asphalt, tar, coal, etc., which is readily soluble in water and thus easily removed and transported in solution by meteoric and/or groundwater.
The area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.
[Added by Bill No. 22-011]
An area: with a housing density ranging from 1 dwelling unit per 5 acres up to 4 dwelling units per acre; with a public water or sewer system; that is not dominated by agricultural land, wetland, forests, barren land, surface water or open space; or that is less than 20 acres and otherwise qualifies as an intensely developed area under the definitions in this chapter.
[Amended by Bill No. 22-11]
Structures that have professional offices or retail services on the first floor with residential uses on the second floor. The property owner or business operator must occupy the residence.
Generally accepted outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.) not to include cats, dogs and other domestic animals.
[Amended by Bill No. 14-1]
A suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters or other natural components.
[Added by Bill No. 22-011]
Locations designed for the loading and unloading of freight. Loading docks are structures which allow a truck to load or unload directly from the bed of the truck.
[Added by Bill No. 23-026]
An establishment primarily engaged in providing local messenger and delivery services of small items within a geographical regional center. These establishments generally provide point-to-point pickup and delivery and do not operate as part of an intercity courier network.
[Added by Bill No. 20-011]
Development of a minor scale, which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located, does not substantially affect the Critical Area Program of the County and is not considered to be major development as defined in this chapter.
[Added by Bill No. 22-011]
A building offering transient dwelling accommodations where the facilities are multifaceted with a distinguished style, including marked upgrades in the quality of physical attributes, amenities and Level of Service and comfort provided. At a minimum, the lodging house shall include a lobby, a concierge, personal services, business center, pool and wireless internet in the common areas. Wireless internet shall be offered to each unit in the lodging house.
[Amended by Bill No. 11-32]
An intermediate level located between the floor and ceiling of a story, open on at least 1 side to the room in which it is located.
A designated area of land established by plat, subdivision or as otherwise permitted by law to be used, developed or built upon as a unit.
A lot that abuts another lot or parcel of land and is either within a residential district or is a lot of 2 acres or less intended for residential use.
A lot that is zoned agricultural and is 2 acres or more.
The total area within the lot lines of a lot, excluding any road right-of-way or reservation.
A lot abutting upon 2 or more roads at their intersection or upon 2 parts of the same road forming an interior angle of less than 135°.
[Added by Bill No. 11-05]
The percentage of a total lot or parcel that is:
Lot coverage does not include:
A fence or wall that is less than one foot in width that has not been constructed with a footer;
A walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier;
A wood mulch pathway; or
A deck with gaps to allow water to pass.
The percentage of a total lot or parcel that is occupied by a structure, accessory structure, parking area, driveway, walkway or roadway or covered with a paver, walkway gravel, stone, shell, impermeable decking, permeable pavement or any other manmade material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck but does not include: a fence or wall that is less than 1 foot in width that has not been constructed with a footer; a walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.
[Added by Bill No. 22-011]
The length of the frontage.
A line of record bounding a lot which divides 1 lot from another lot or from any road right-of-way or from any other public space.
The lot line separating a lot from a road right-of-way.
The lot line opposite and most distant from the front lot line; in the case of triangular or otherwise irregularly shaped lots, a line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Any lot line other than a front or rear lot line.
The smallest area established by this Part 1 on which a use, structure or building may be located in a particular district.
A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip connecting the main building site with the frontage street.
A lot which is zoned RR, R1, R2, R3, or R4 or is less than 2 acres and is intended for residential use.
A lot which fronts upon 2 parallel roads or which fronts upon 2 roads which do not intersect at the boundary of the lot and which has no rear lot line.
The horizontal distance between the lot lines along a straight line parallel to the front lot line at the minimum required building setback line.
Housing which is categorized as for low- or moderate-income families by the United States Department of Housing and Urban Development or an appropriate state agency.
Undeveloped land zoned for densities of less than or equal to 1 dwelling unit per 5 acres.
Area designated in a community plan that has identified commercial uses within walkable distances and allows a mix of office, retail and residential uses.
Any facility for the mooring, berthing, storing or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities.
Any covering of permanent construction projecting from the wall of a building above an entrance.
The Master Plan of the County adopted in accordance with Sections 701 and 702 of the Charter, including the most recently adopted Master Plan and associated element plans.
The average level of high tides at a given location.
[Amended by Bill No. 22-011]
Land zoned for density of more than 1 dwelling unit per 5 acres, and less than or equal to 1 dwelling unit per acre, including both existing and planned development and their associated infrastructure, such as roads, utilities and water and sewer service.
Includes the tower; base plate; anchors; guy wires and hardware; anemometers (wind speed indicators); wind direction vanes; booms to hold equipment, anemometers and vanes; data logger; instrument wiring and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
[Added by Bill No. 09-19]
Any solid material, aggregate or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell, soil and stone. The term does not include coal.
[Added by Bill No. 22-011]
A building or group of buildings that contains varying sizes of individual compartmentalized and controlled access stalls for the storage of customers' goods or wares.
A mixture of office, retail, recreational, hotel and residential uses within a single structure or within multiple structures, but physically and functionally integrated.
A parcel of land used, designed, developed and maintained to accommodate 2 or more mobile homes for long-term residential occupancy by rental of space or condominium ownership.
A parcel of land subdivided into 2 or more lots to accommodate 2 or more mobile homes for residential occupancy.
An area officially mapped by the County and approved by the Critical Area Commission as a modified buffer area, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional or recreational development prevents the buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific MBA provisions can be permitted in the buffer without a variance.
[Added by Bill No. 22-011]
See "hotel."
A self-propelled, free-moving vehicle with 2 or more wheels primarily for conveyance on a road.
The use of land for vehicle competition involving automobiles, motorcycles, tractors, trucks or other self-propelled vehicles.
An operation for the storage of natural wood mulch for landscaping and other uses and for sale of the product, either wholesale or retail. Mulch storage and sales includes composting, but does not include the processing or grinding of mulch.
Trees, shrubs and herbaceous plants that naturally occur in the State of Maryland.
Any communities of plants or animals which are considered to be among the best statewide examples of their kind and are designated by regulation by the Secretary of the Department of Natural Resources.
[Amended by Bill No. 22-011]
Areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.
[Added by Bill No. 22-011]
The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre which are capable of reaching a height of at least 20 feet at maturity.
[Amended by Bill No. 22-011]
Those plant communities that develop in the absence of human activities.
[Added by Bill No. 22-011]
A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human intervention.
[Added by Bill No. 22-011]
Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption such as prepackaged food and beverages and limited household supplies and hardware. Typical uses include country stores and shall not include fuel pumps or selling of fuel for motor vehicles.
In the AG Zoning District, the portion of the parcel for which land use will be changed or that will no longer be used primarily for agriculture, and in all other zoning districts, the total area of the parcel, to the nearest 1/10 acre.
"Net tract area" does not include the following areas:
In the Critical Area, new development (as opposed to redevelopment) means a development activity that takes place on a property with pre-development imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.
[Added by Bill No. 22-011]
A miniature amusement car that is electronically controlled from a central location and is designed and used to carry 1 or 2 persons on a track at a recreational amusement facility and is not designed for use on a road.
A use which was lawful prior to adoption or amendment of this Part 1, but which fails, by reason of such adoption or amendment, to conform to the present requirements of the district in which it is located.
Those areas regulated under Subtitle 26 of COMAR that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
[Amended by Bill No. 22-011]
A public water system that uses an average of 10,000 gallons per day and regularly serves at least 25 of the same individuals over 6 months per year.
A temporary or permanent structure that, by reason of its intrinsic nature, use or operation, does not require location in, on or over state or private wetlands.
[Added by Bill No. 22-011]
Nonwater-dependent projects include:
Nonwater-dependent projects do not include:
A fuel pump or other fuel-dispensing equipment on a pier.
A sanitary sewage pump or other wastewater removal equipment on a pier.
An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services and housing electrical or emergency equipment related to marina operations.
A facility devoted primarily to the long-term treatment and care of the aged or elderly or persons suffering from illnesses, diseases, deformities or injuries which do not require extensive or intensive care such as normally provided in a general or other specialized hospital.
Structures or actions that compensate for undesirable impacts.
[Added by Bill No. 22-011]
A flood that has a 1% chance of being equaled or exceeded in any given year. This is also referred to as the 100-year flood or the base flood.
Any area of land or water set aside, dedicated, designed or reserved for:
An accessory outdoor dining area of an existing restaurant. The tables and chairs must be removable and the area must be unenclosed.[4]
[Added by Bill No. 16-020; amended by Bill No. 19-016]
The strata or material overlying a mineral deposit, or in between mineral deposits in its natural state, and before its removal by surface mining.
[Added by Bill No. 22-011[5]]
Any specially mapped district that is subject to supplementary regulations or requirements.
A separate lot or leased site that is located within a shopping center site. The pad site is subject to any conditions established by the Zoning Code or the Board of Appeals.
All nontidal wetlands dominated by trees, shrubs, persistent emergent plants or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below 1/2 part per 1,000 parts of water.
A low wall protecting the edge of a roof.
Any contiguous area, site or portion of land under common ownership.
An area, other than sales lots, designed for the parking of 3 or more motor vehicles and available to the public, either for a fee or as an accommodation to clients or customers.
Outdoor recreation that does not require significant maintenance or facilities, such as walking, picnicking, viewing and environmental education activities.
The rate at which water flows or trickles through porous soils as determined by a percolation test.
A stream containing water throughout a year of average rainfall that has been confirmed to be a perennial stream through field verification.
A material, enduring change in the topography, landscape or structure that occurs as part of a development or redevelopment activity. Permanent disturbance includes:
[Added by Bill No. 22-011]
Construction or installation of any material that will result in lot coverage.
Construction of a deck.
Grading or clearing (except where it meets the definition of temporary disturbance).
The installation of a septic system, in a forest or developed woodland on a grandfathered lot, if clearing is required. Permanent disturbance does not include installation of a septic system on a grandfathered lot if located in existing grass or clearing is not required.
A foundation as required by the Harford County Building Code or the manufacturer's specifications, in the case of manufactured homes, to provide for complete enclosure with a material which is compatible with the structure,
Any premises which provides personal care to adults, for consideration, and provides these services to a minimum of 3 adults not related to the provider or owner.
Services rendered to an individual, including beauty and barber shops, clothing alterations, dance and music studios, interior decorating, laundromats, general dry cleaning, linen supply, photography studios, rug cleaning and repair services (in-home cleaning), shoe repair services and watch and jewelry repair services.
Any surface that allows for the infiltration of water.
Any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure. Pier, excluding itself, does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.
[Amended by Bill No. 22-011]
A boat docking facility associated with a subdivision or similar residential area, or with condominiums, apartments or other multiple-family dwelling units; does not include a private pier or a mooring.
[Amended by Bill No. 22-011]
Development option designed to permit and promote major economic development opportunities such as corporate offices, educational/training facilities, research and development facilities or other uses that create significant job opportunities and investment benefits.
A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics, as covered in COMAR 27.01.09.04.
[Added by Bill No. 22-011]
The time required by pollutants to travel from one point to another.
A facility or area established or designated by the state or local jurisdiction for purposes of waterborne commerce.
[Added by Bill No. 22-011]
The cutting and removal of trees for personal, noncommercial use.
Service by members of any profession, including accountants, architects, chiropractors, dentists, doctors, engineers, lawyers, optometrists, osteopaths or social workers.
Any change or proposed change to an adopted Critical Area program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.
[Added by Bill No. 22-011]
Any change or proposed change to an adopted Critical Area program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic coastal bays Critical Area in a manner consistent with the adopted program, or that will not significantly affect the use of land or water in the Critical Area. Program refinement may include:
[Added by Bill No. 22-11]
A change to an adopted program that results from state law.
A change to an adopted program that affects local processes and procedures.
A change to a local ordinance or code that clarifies an existing provision.
A minor change to an element of an adopted program that is clearly consistent with the provisions of state Critical Area Law and all the criteria of the Commission.
The approval of development, other than development by a state or local government agency, in the Critical Area by the appropriate local approval authority. Project approvals include approval of subdivision plats and site plans, inclusion of areas within floating zones, issuance of variances, special exceptions and conditional use permits and issuance of zoning permits. Project approvals do not include building permits.
[Amended by Bill Nos. 11-05; 22-011]
Any person or persons who have primary responsibility for and who receive consideration for the operation of the home.
A temporary event, conducted by a private or public entity, including carnivals, circus, festivals, craft shows and concerts.
A gas and electric company regulated by the Maryland Public Service Commission or a cable television company operating under a franchise granted by the County Council.
A utility facility owned by a governmental agency or private organization, maintained and operated for benefit of the general public, but excluding highway maintenance facilities, sewage treatment plants, sewage pumping stations and solid waste transfer stations.
Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.
An area where water flows into the ground to re-supply a water body or aquifer.
The reasonable rehabilitation of affected land for a useful purpose and the protection of the natural resources of the surrounding areas, including ponds.
[Amended by Bill No. 22-011]
An area where a path is created for recreational use.
A vehicular-type portable structure without a permanent foundation, which can be towed, hauled or driven and which is primarily designed as temporary living accommodation for recreational, camping and travel use, including travel trailers, truck campers, camping trailers and self-propelled motor homes.
The series of activities by which discarded materials are collected, sorted, processed and converted into raw materials and used in the production of new products.
A building in which only recyclable material is collected, processed, and/or baled in preparation for shipment to others who will use those materials to manufacture new products.
Construction activities in previously developed areas, which include the demolition of existing structures and building new structures or the substantial renovation of existing structures, often changing form and function. Redevelopment may involve existing property owners and businesses or new owners and tenants.
A development activity that takes place on property with pre-development imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
[Added by Bill No. 22-011]
The creation of a biological community dominated by trees and other woody plants at a density of at least 100 trees per acre with at least 50% of the trees having the capability of growing to a dbh of 2 inches or more within 7 years.
A spouse, father, mother, son, daughter, step-son, step-daughter, brother, sister, grandparent, great-grandparent, grandchild, stepfather, stepmother, aunt, uncle, mother-in-law and father-in-law, sister-in-law and brother-in-law, whether natural or adopted.
[Amended by Bill No. 19-029]
Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing, repair or painting of motor vehicles is conducted or rendered.
Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing or repair of engines for equipment such as lawnmowers, go-carts, weed trimmers, chainsaws or electric motors is rendered.
A facility for 3 or more transients, which provides special recreational amenities or is designed for access to a unique natural amenity for the recreation or relaxation of the users and not primarily oriented to single-night lodging.
An area that is characterized by nature dominated environments, such as wetlands, surface water, forests and open space, and by resource-based activities, such as agriculture, forestry, fisheries or aquaculture. Resource conservation areas include areas with a housing density of less than 1 dwelling per 5 acres.
[Amended by Bill No. 22-011]
An establishment where food and drink are prepared, served and consumed primarily within the principal building.
An establishment where food and drink are sold in a form ready for consumption, where the consumption is designed to take place outside the confines of the restaurant.
The act of returning a site or area to an original state or any action that establishes all or a portion of the ecological structure and functions of a site or area.
[Added by Bill No. 22-011]
A wall that is constructed to hold a mass of earth in place or prevent erosion of an embankment.
Efforts to improve residential and business areas, which include the physical enhancement of existing streetscapes and structures, marketing or other efforts to fill vacancies and boost business. Revitalization generally focuses on current property owners and businesses.
A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses.
A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines and wetlands.
[Added by Bill No. 22-011]
A right-of-way which has been improved and is intended for motor vehicle traffic and provides the principal means of access to property.
A road which serves as a major traffic way and is identified in the transportation element plan as an urban or rural principal or minor arterial road.
Usually wider than most County roads and built to support heavy truck traffic that performs the following:
Provides interconnection between highly developed commercial or industrial property to arterial roads.
Provides access to individual properties comprising a commercial complex.
Carries heavy volumes of truck traffic within or adjacent to any land which has been approved for any class of commercial or industrial use.
A road which serves to carry traffic to or from local streets and connects them to other collector streets or to arterial highways and is identified in the transportation element plan as either an urban collector road or rural major or minor collector road.
A road which collects and distributes traffic within subdivisions and provides direct access to individual land uses. "Local road" may include primary and minor residential roads, as well as business/industrial roads as defined by the Harford County Road Code.
A local road distributing and collecting traffic within residential subdivisions or neighborhoods, and performing the following:
A road which acts as a major corridor between several communities and employment centers mostly in the urbanized areas. The appearance of a parkway is intended to be very scenic and environmentally sensitive, with formal landscaping, and it is not intended to provide direct access to individual properties or businesses. A parkway could include pedestrian and bicycle accommodations, an exclusive right-of-way, and skywalk facilities are often provided. A substantial right-of-way is required.
A major local road distributing and collecting traffic within larger residential subdivisions or neighborhoods, and performing the following:
Any road that has not been accepted by the County or other government entity, and is not owned and/or maintained by the County or other government entity.
Those roads projecting from a development road, to the property line of an adjacent property, typically ending in a T-turnaround.
A small wind energy system that has a rated name plate capacity of 2.5 kilowatts or less mounted on the roof of a building.
[Added by Bill No. 24-036]
The part of the roof or parapet which covers the major area of the building.
An undertaking that:
[Added by Bill No. 19-004]
A sanitary landfill required to be permitted as a rubble landfill under Title 26 of the Code of Maryland Regulations.
A sanitary landfill, as defined in Chapter 109 of the Harford County Code, as amended, that is in the County Solid Waste Management Plan. "Sanitary landfill" includes a rubble landfill.
An unbranched woody plant of less than 24 inches in height and less than 1/2 inch in diameter at a point 2 inches above the root collar.
The planned removal of trees, shrubs and plants using specific standards and protection measures under an approved forest conservation plan.
The removal of single, scattered, mature trees or other trees from forested areas by periodic cutting operations.
Unless otherwise provided, the line which is the required minimum distance from the road right-of-way or any lot line that establishes the area within which principal buildings or structures must be erected or placed.
Commodities which tend to be purchased on a comparison basis, including apparel and accessories, automobile supplies, business equipment sales and service, china and glassware, commercial art, communications equipment sales and service, draperies, fabrics and reupholstery, floor coverings, furniture, hardware, home appliances and furnishings, luggage and leather goods, musical instruments and supplies, paint and wall coverings, party supplies, photographic equipment sales and service, radios, compact discs, digital video discs secondhand merchandise, sporting goods, television and stereo sales and service and toy and game shops. Establishments commonly referred to as "catalog showrooms," "department stores," "discount stores," "variety stores" and "supermarkets" shall be regulated as "shoppers' merchandise."
A concentrated grouping of retail uses or retail and services uses designed, developed and managed as an integral entity, providing common vehicle access and group parking.
A shopping center that contains a gross floor area of more than 75,000 square feet.
Those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area.
[Added Bill No. 22-011]
A permanent or temporary device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose or identify the purpose of a person or entity, or to communicate information of any kind to the public.
A sign which advertises, on a seasonal, temporary basis, an agricultural product as defined in this section.
The area surfaces, including the outer extremities of all letters, figures, characters and delineations or surface area making contact with the outer extremities of the framework or background of the sign, whichever is greater. The support for the sign background, such as columns, pylons or buildings or part thereof, shall not be included in the "sign area" unless used for advertising purposes.
Any outdoor advertising sign which promotes or advertises products, services, activities or businesses not related to the site or building or use on which it is located and is not a tenant identification sign.
A wall sign that is affixed or displayed on a canopy.
Any sign on a site for the purpose of directing traffic to another use, service or area.
Informational sign utilized to identify name, address and occupants of a building or nonresidential development.
A sign with a fixed or changing display, or message composed of a series of lights that may be changed through electronic means.
The surface of a sign upon, against or through which a message is displayed or illustrated.
A sign supported by uprights or braces placed upon the ground and not attached to any building.
Any sign identifying or advertising a business, person, activity, product or service located on the premises where the sign is located.
Any sign which has characters, letters, figures, designs or an outline illuminated by electric lights or luminous tubes as a part of the sign.
A wall sign that is affixed or displayed on a marquee.
A temporary sign erected on the premises on which a development project is taking place, during the period of such construction, indicating the type of development, space and/or price of units and contact information.
Any sign which is attached to a building and extends beyond the line of said building or beyond the surface of that portion of the building to which it is attached.
Any sign erected, constructed and maintained upon or over the roof of any building with the principal support on the roof structure.
Temporary signs include any portable sign or any other sign, banner, pennant, valance or advertising display constructed of cloth, canvas, fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.
A sign giving the nature, logo, trademark or other identifying symbol, address or any combination of the name, symbol and address of a building, business development or establishment on the premises where it is located.
A sign with a display, that changes by electronic or mechanical means, other than electronic message boards.
All flat signs which are attached to the exterior of the building or other structure.
Sensitive environmental areas to be left undisturbed, including water bodies, tidal and nontidal wetlands, forested areas to be retained and plant or wildlife habitat identified as of state or County importance.
Those shoreline areas eroding 2 feet or more per year.
Any tract, lot or parcel of land or combination of tracts, lots or parcels of land which are in 1 ownership or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision or project.
The location of an event of historic significance or a structure which possesses historic, archeological, architectural or cultural significance.
[Amended by Bill No. 19-004]
A plan, prepared to scale, showing accurately and with complete dimensioning, all of the buildings, structures and uses and the exact manner of development proposed for a specific parcel of land.
A shrub that, when mature, reaches a height no greater than 6 feet.
[Added by Bill No. 22-011]
Equipment, including any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire or other component used in the system, that converts and then stores or transfers energy from the wind into usable forms of energy and that:
[Added by Bill No. 09-19]
An agricultural plan approved by a local soil conservation district to minimize soil erosion and the movement of sediment, animal waste, nutrients or agricultural chemicals into waters of the state and is a land-use plan for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
[Added by Bill No. 22-011]
An intermediate destination for solid waste. Transfer stations may include separation of different types of waste and aggregation of smaller shipments with large ones. It may also include compaction to reduce the bulk of the waste.
Projects that utilize innovations in design by permitting a variety of type, use and layout of buildings.
A use which may be permitted by the Board in a particular district only upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in this Part 1.
A retail store which carries only 1 type of interrelated goods, including bookstores, candle shops, cosmetic shops, florist shops, gift shops, hobby and craft supply shops, import shops, jewelry shops, key shops, newspaper and magazine shops, novelty shops, pet shops, photographic shops, souvenir shops, stationery shops, tack shops, tobacco shops and wine and cheese shops.
A species of flora and fauna whose continued viability is determined to be in jeopardy, in accordance with the provisions of:
[Added by Bill No. 22-011]
A species of fauna determined by the Secretary of Natural Resources to be in need of conservation measures for its continued ability to sustain itself successfully, in accordance with the provisions of:
[Added by Bill No. 22-011]
A type of plant that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.
[Added by Bill No. 22-011]
A species of flora or fauna that appears likely within the foreseeable future to become endangered, including a species determined to be a threatened species, in accordance with the provisions of:
[Added by Bill No. 22-011]
The overburden and reject materials as piled or deposited in surface mining.
[Added by Bill No. 22-011]
Any material that can be compacted in such a manner that will provide a suitable dustless surface for vehicular movement and storage and not result in erosion or create the potential for flooding.
Any facility used primarily for the commercial hiring out of horses or ponies or instruction in riding where 5 or more horses are kept for these purposes.
An accessory structure to the principal residential use that shelters horses for the exclusive use of the residents of the premises.
Slopes of 15% of greater incline.
[Added by Bill No. 22-011]
That portion of a building between the surface of any floor and the surface of the floor next above it, if there is no floor above it, then the space between the floor and the ceiling next above it, excluding basements.
See "road."
An area that may either abut or be contained within a public or private street right-of-way or access way that may contain sidewalks, street furniture or landscaping and similar features.
Anything constructed or erected on the ground or which is attached to something located on the ground. Structures include buildings, radio and TV towers, sheds, swimming pools, tennis courts, gazebos, decks and boathouses.
[Amended by Bill Nos. 11-05; 22-011]
Building or construction materials, or a combination of those materials, that are purposely assembled or joined together on or over land or water, including a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo and a shelter for the purpose of marine access, navigation, working, eating, sleeping or recreating.
[Added by Bill No. 22-011]
Any approved porous pavement or modular pavers that allow the infiltration of water and resist compaction due to associated vehicular activities. Such structured surfaces may include porous asphalt on concrete, modular block systems and grass or gravel pavers.
An assembly of materials that forms a stable construction and includes by way of illustration and not limitation, a building, structures accessory to a building, platform, tower, dam, bridge, pier, shed, shelter, ruin, fountain, statuary, survey markers, fences or display sign of historical, cultural or architectural significance.
[Amended by Bill No. 19-004]
An individual, partnership or corporation (or their legal designee) that undertakes the activities covered by these regulations.
The term "subdivision" shall have the following meaning:
An agreement between a subdivider and Harford County to be executed and recorded in the office of the Clerk of the Circuit Court of Harford County, for the purpose of permitting the recordation of a final plat prior to completion and/or acceptance of a performance bond or other guarantee.
Any repair, reconstruction or improvement of a principal structure, where the proposed total footprint is at least 50% greater than that of the existing principal structure
[Added by Bill No. 22-011]
A 1-story addition added to an existing dwelling with a glazing area in excess of 40% of the gross area of the structure's exterior walls and roof.
[Added by Bill No. 22-011]
Surface mining means:
The breaking of surface soil located in the Critical Area in order to extract or remove a mineral;
An activity or process that is part of the method of extraction or removal of a mineral from its original location in the Critical Area; and
The extraction or removal of sand, gravel, rock, stone, earth or fill from a borrow pit for the purpose of constructing a road or another public facility
Surface mining includes:
An activity related to the processing of a mineral at the site of extraction or removal.
Extraction or removal of overburden and mining of a limited amount of a mineral when done for the purpose of prospecting, to the extent necessary, for the purpose of determining the location, quantity or quality of a natural deposit.
A mining activity.
Surface mining does not include an activity or process that is excluded under the provisions of Environment Article, § 15-807, Annotated Code of Maryland, or COMAR 26.21.01.08.
A short-term change in the landscape that occurs as part of a development or redevelopment activity. Temporary disturbance includes:
[Added by Bill No. 22-011]
Storage materials that are necessary for the completion of the development or redevelopment activity.
Construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition.
Grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity.
Locating a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required. Temporary disturbance does not include a violation.
A use permitted for a fixed period of time as specified in this Part 1 with the intent to discontinue such use upon the expiration of a period of time, or a use that occurs on a periodic basis and is not continuous.
An individual or business entity that is actively producing or managing livestock, crops or other agricultural products and is not the owner of the property being farmed. Agreement for this use is usually compensated by a contract for rent, lease or on a crop sharing basis.
A dwelling unit located on agricultural property that is used either for occupancy by immediate members of the family owning or operating the agricultural use or by employees engaged in agricultural activities on the property.
A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.
[Added by Bill No. 22-011[7]]
Any land bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth, including lands identified as "tidal wetlands" on the most current Department of Natural Resources Tidal Wetlands Boundaries Maps.
A building in which lodging or meals are provided for compensation to 3 or more guests on a temporary basis.
A pedestrian linkage between uses.
A transaction involving the removal of the right to develop or build from one lot or parcel and placing it with another lot or parcel.
An element of the Harford County Master Plan which identifies future roads, major road improvements, designates arterial collector and local roads and identifies possible public transportation enhancements, the feasibility of a public airpark and bicycle routes.
Anything that is built, installed or established to provide a means of transport from one place to another.
[Added by Bill No. 22-011]
A large, woody plant having 1 or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
[Amended by Bill No. 22-011]
The largest tree of its species in the United States, Maryland or Harford County, as appropriate.
Tree with a dbh greater than 36 inches, or which has been identified as a state champion tree.
A perennial stream or an intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local program procedures approved by the Critical Area commission.
[Amended by Bill No. 22-011]
The average flow of the entire drainage area, assuming complete build-out of the development envelope using existing zoning densities, peaked in accordance with the Maryland Department of the Environment design guidelines for sewerage facilities peaking curve, or using actual measured peak flow factors, whichever is higher.
A tree that, when mature, reaches a height between 12 and 35 feet.
[Added by Bill No. 22-011]
The landward edge of a tidal wetland or nontidal wetland.
[Added by Bill No. 22-011]
A specialized branch of forestry concerned with the management, protection and conservation of forest, trees and other woody vegetation in urban and semi-urban areas.
The purpose or activity for which land, buildings or structures are designed, arranged or intended or for which land, buildings or structures are occupied or maintained.
The use of any tract of land for the production of animal or vegetable life. The uses include the pasturing, grazing and watering of livestock, and the cropping, cultivation and harvesting of plants.
Any use listed on the Principal Permitted Use Charts under the categories of amusements, motor vehicle and related services, retail trade, services or transportation communications and utilities (TCU).[8]
The lawful use of a building, lot or structure at the time of the enactment of this Part 1.
Any use listed on the Principal Permitted Use Charts, under the categories of industrial uses or warehousing, wholesaling and processing.[9]
Any use listed on the Principal Permitted Use Charts, under the category of institutional uses.[10]
Any dwelling unit or use listed on the Principal Permitted Use Charts, under the category of business, industrial, institutional, transient housing or natural resources uses with the exception of agriculture, forestry or wildlife refuge uses.[11]
The primary or predominate use of any lot or parcel.
Any dwelling unit or use listed on the Principal Permitted Use Charts, under the category of residential uses.[12]
Fixed structures that convey or distribute resources, wastes or both, including electric lines, water conduits and sewer lines.
Every description of watercraft, including an ice boat but not including a seaplane, that is used or capable of being used as a means of transportation on water or ice. Vessel includes the motor, spars, sails and accessories of a vessel.
[Added by Bill No. 22-011]
A facility wherein a doctor of veterinary medicine treats animals that are not domestic animals and of a general matured weight in excess of 50 pounds.
An area of land, water or other environmental element that is visible from a fixed vantage point. In context with historic preservation, viewsheds may be described as areas of particular scenic or historic value that are deemed worthy of preservation against impacts resulting from development or other forms of change.
[Added by Bill No. 21-001
The bulk storage of goods or commodities, other than harvested commodities that can be sold or further processed and sold as food, for wholesale or bulk retail resale or transported to a distribution and local delivery center or lands, buildings, or structures used or designed for the storage of goods which will be sold elsewhere or subsequently transported to another location for sale or delivery.
[Added by Bill No. 23-026]
A facility where sand and gravel is washed during processing. Wash plant includes, but is not limited to, a stockpile, a wash pond and related washing equipment.
[Amended by Bill No. 22-011]
The part of the earth's surface covered with water (such as a river, lake or ocean).
Those structures or works associated with industrial, maritime, recreational, educational or fisheries activities that require location at or near the shoreline within the Critical Area buffer. An activity is water-dependent if it cannot exist outside the Critical Area buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas and fisheries activities.
[Added by Bill No. 22-011]
Birds that frequent and often swim in water, nest and raise their young near water and derive at least part of their food from aquatic plants and animals.
[Added by Bill No. 22-011]
An area of open water and adjacent marshes where, as documented by the Department of Natural Resources, waterfowl gather during migration and throughout the winter season.
[Amended by Bill No. 22-011]
The surface and subsurface area surrounding a well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such well or wellfield.
An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
[Added Bill No. 22-011]
A hole or shaft sunk into the earth to tap an underground supply of water.
A well that provides a water supply for an individual residence or a single industrial, agricultural or commercial operation and that is not designed or used for general public consumption.
An unbranched woody plant with a height of 24 inches or more and a diameter of less than 1 inch at a point 2 inches above the root collar.
A strip of land having vegetation that provides habitat and a safe passageway for wildlife.
[Amended by Bill No. 22-011]
Those plant communities and physiographic features that provide food, water, cover and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals.
[Added by Bill No. 22-011]
The person that owns, or intends to own, the property upon which a small wind energy system will be operated in accordance with § 267-27C(9) of the Harford County Code, as amended.
[Added by Bill No. 09-19]
Blades and associated mechanical and electrical conversion components mounted on top of the wind tower.
[Added by Bill No. 09-19]
The monopole, freestanding or guyed structure that supports a wind generator.
[Added by Bill No. 09-19]
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Part 1. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
A yard extending the full width of the lot, which includes the area between the front building setback line and the road right-of-way.
A yard extending across the full width of the lot between the rear building setback line and the rear lot line.
A yard extending from the front yard to the rear yard between the side building setback line and the side lot line.
Any matter brought before the Board under the provisions of this Part 1.
An area within the County within which certain zoning regulations apply.
[1]
Editor's Note: The definition of "buffer exempt area," which immediately followed this definition, was repealed by Bill No. 22-011.
[2]
Editor's Note: The former definition of "cottage house," which immediately followed was repealed by Bill No. 19-029.
[3]
Editor’s Note: The former definition of “historic area work permit,” which immediately followed this definition, was repealed by Bill No. 19-004.
[4]
Editor’s Note: A temporary moratorium on the application of this definition as to the requirement that the area must be unenclosed was renewed by Bill No. 22-019. The provisions are waived, provided that all fire, life safety and Americans with Disability Act requirements are met. The temporary moratorium shall sunset 12-31-2023, unless renewed by legislative act.
[5]
Editor's Note: This bill also repealed the definition of "overburden storage or disposal," which immediately followed this definition.
[6]
Editor's Note: Table 63-1 is included at the end of this chapter.
[7]
Editor's Note: This bill also repealed the definition of "threatened or endangered species or species in need of conservation," which immediately followed this definition.
[8]
Editor's Note: The Principal Permitted Use Charts are included at the end of this chapter.
[9]
Editor's Note: The Principal Permitted Use Charts are included at the end of this chapter.
[10]
Editor's Note: The Principal Permitted Use Charts are included at the end of this chapter.
[11]
Editor's Note: The Principal Permitted Use Charts are included at the end of this chapter.
[12]
Editor's Note: The Principal Permitted Use Charts are included at the end of this chapter.
This Part 1 shall apply to all lands, structures, buildings, properties and their uses within the territorial limits of the County, including land owned or leased by the County, and outside the incorporated towns or municipalities therein and to all owners of land and the tenants or occupants thereof, including land owned by municipal corporations, counties and state and local governments.
A.
The terms and provisions of this Part 1 shall be liberally construed to effectuate the general purposes of this chapter.
B.
In addition to rules generally applicable to the construction of zoning ordinances and codes and the interpretation requirements of the Harford County Code, the following rules of construction shall apply to the text of this Part 1:
(1)
The particular shall control the general.
(2)
In case of conflict between the text of this Part 1 and any caption, illustration, summary table or illustrative table, the text shall control.
(3)
The phrase "used for" includes arranged for, designed for, intended for, maintained for or occupied for.
(4)
The word "person" includes an individual, sole proprietorship, corporation, partnership or incorporated association and any recognized legal entity.
(5)
Unless it is plainly evident from the context that a different meaning is intended, in a regulation which involves 2 or more items, conditions, provisions or events connected by the conjunction "and . . . or" or "either . . . or," the use of the conjunction is defined as follows:
(a)
"And" means that all the connected items, conditions, provisions and events apply together and not separately.
(b)
"Or" means that the connected items, conditions, provisions or events shall apply separately or in any combination.
(c)
"Either . . . or" means that the connected items, conditions, provisions or events shall apply separately but not in combination.
(6)
The word "includes" or "including" does not limit a term to the specified examples but is intended to extend the term's meaning to all other instances or circumstances of similar kind or character.
(8)
The word "County" means Harford County, Maryland. The word "state" means the State of Maryland. The term "Charter" refers to the Harford County Charter, approved by the voters of the County, and all amendments thereto.
(9)
The terms "County Council," "Board of Appeals," "Director of Planning," "Planning Advisory Board," "County Attorney," "Health Officer" and "Sediment Control Inspector" mean the respective council, boards, officers and department heads of the County.