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:
Is occupied by an endangered species, as determined
or listed under the Natural Resources Article, § 4-2A-04
or 10-2A-04 of the Annotated Code of Maryland.
Is likely to contribute to the long-term survival
of the species;
Is likely to be occupied by the species for
the foreseeable future; and
Constitutes habitat deemed critical under the
Natural Resources Article, § 10-2A-06 of the Annotated Code
of Maryland.
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.
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.
