The Charter, the ordinances and certain resolutions of the Town of Myersville, of a general and permanent nature, adopted by the Council of the Town of Myersville, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of the Charter and Chapters
1 through
165, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Town of Myersville,” hereinafter known and referred to as the “Code.”
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
All provisions of this ordinance of the Code
shall be in full force and effect on and after October 31, 2005.
A copy of the Code in loose-leaf form, serially
numbered No. 1, has been filed in the office of the Clerk and shall
remain there for use and examination by the public until final action
is taken on this ordinance, and, if this ordinance shall be adopted,
such copy shall be certified to by the Clerk of the Town of Myersville
by impressing thereon the Seal of the Town, and such certified copy
shall remain on file in the office of the Clerk of the Town, to be
made available to persons desiring to examine same during all times
while the Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the Council to make them a part thereof, shall be deemed
to be incorporated into such Code so that reference to the “Code
of the Town of Myersville, Maryland” shall be understood and
intended to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code as amendments and supplements
thereto.
The Clerk of the Town of Myersville, pursuant
to law, shall cause to be published, in the manner required, a copy
of this adopting ordinance in a newspaper of general circulation in
the Town. Sufficient copies of the Code shall be maintained in the
office of the Clerk for inspection by the public at all times during
regular office hours. The enactment and publication of this adopting
ordinance, coupled with availability of copies of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in the Clerk's
office for the use of the public. All changes in said Code and all
ordinances adopted subsequent to the effective date of this codification,
which shall be adopted specifically as part of the Code, shall, when
finally adopted, be included therein by reference until such changes
or new ordinances are included as supplements to said Code books by
printed supplements to be incorporated therein upon printing and issuance.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by resolution of the Council, which may also arrange, by resolution,
for procedures for the periodic supplementation thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the Town of Myersville to be misrepresented
thereby. Any violation of this section shall be punishable as a misdemeanor,
the penalty for which shall be a fine not to exceed $500 or imprisonment
for a term not to exceed 90 days, or both such fine and imprisonment.
Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this adopting ordinance, except as hereinafter
provided.
The adoption of this Code and repeal of ordinances provided for in §
1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to March 12, 2002.
B. Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
C. Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provisions
or any penalty, punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any
portion thereof.
G. Any ordinance or resolution appropriating money or
transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond or other instruments
or evidence of the Town's indebtedness.
H. Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
I. The levy or imposition of taxes, assessments or charges.
J. The dedication of property or approval of preliminary
or final subdivision plats.
K. Ordinances establishing the amount and manner of payment
of salaries or compensation of officers and employees, establishing
workdays and working hours of certain employees and providing for
holidays and vacations for employees and keeping of employment records.
L. All ordinances pertaining to zoning or Zoning Map
changes.
Pursuant to § 9A of Art. 23A of the
Annotated Code of Maryland, a copy of the Code of the Town of Myersville
containing the Charter shall be deposited with the Maryland Department
of Legislative Services.
[Adopted 8-10-1999 (Art. I of the 1999 Code
of Ordinances)]
Words used in the present tense include the
future, words in the singular number include the plural number, the
word "shall" is mandatory. For the purpose of this Code, certain terms
are defined as follows:
ACCESSORY BUILDING
One which is subordinate and customarily incidental to and
on the same lot with a main building. A trailer shall not be considered
an accessory building. Accessory buildings may be no more than one
story, as defined by BOCA.
[Amended 10-11-2005]
ADEQUATE PUBLIC FACILITIES (APF)
Those public facilities included in the context of Chapter
105 of this Code of Ordinances which meet established minimum standards as further specified herein.
[Added 3-12-2002 by Ord. No. 2002-1]
AGRICULTURAL ANIMAL
Any animal commonly used by persons for use, draft or pleasure
purposes, but not primarily for farming purposes. The definition of
"agricultural animal" includes: poultry, rabbits, sheep and goats
but excludes those animals not included in this definition or which
otherwise are prohibited within the Code. The definition of these
animals shall be interpreted as their common dictionary definition
unless otherwise defined.
[Added 7-9-2013 by Ord. No. 2013-06]
AGRICULTURE or AGRICULTURAL PURPOSES
[Amended 7-9-2013 by Ord. No. 2013-06]
A.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture
and animal and poultry husbandry and the necessary accessory uses
for parking, housing and feeding the animals. The above activities
shall not include the business of garbage feeding of hogs, fur farms
or the raising of animals for experimental purposes.
B.
The raising of farm products for use or sale, including animal
or poultry husbandry, and the growing of crops, such as grain, vegetables,
fruit, grass for pasture or sod, trees, shrubs, flowers and similar
products of the soil.
ALLEY
A way which affords generally a secondary means of access
to abutting properties.
AMEND or AMENDMENT
Any repeal, modification, or addition to a regulation, ordinance,
resolution or any other law; any new regulation, ordinance, resolution
or any other law.
[Added 3-12-2002 by Ord. No. 2002-1; amended 10-11-2005]
BACKGROUND ENROLLMENT GROWTH
The average annual impact of equated student enrollment changes
during the preceding three years in the school attendance areas serving
a proposed development, with appropriate adjustments made in the determination
by the Frederick County Public Schools to eliminate student enrollment
changes caused solely by school redistricting.
[Added 3-12-2002 by Ord. No. 2002-1]
BEEKEEPER
A person who owns or has charge of one or more colonies of
bees.
[Added 4-10-2012 by Ord.
No. 2012-04]
BILLBOARD
A sign which calls attention to a business, commodity, service,
entertainment or other activity, conducted, sold or offered elsewhere
than on the premises upon which the sign is located.
[Amended 9-10-2013 by Ord. No. 2013-08]
BUILDING
Includes, but is not limited to, any building, structure,
dwelling, excavation, matter, condition or thing in or about the lot
on which the building is situated, and the plumbing, sewage, drainage,
light or ventilation thereof.
BUILDING HEIGHT
The total overall height of a building measured from the
lowest grade level to the highest point of the roof.
CAPITAL BUDGET
The current and fiscal year of the approved CIP.
[Added 3-12-2002 by Ord. No. 2002-1; amended 10-11-2005]
CAPITAL IMPROVEMENT PROGRAM (CIP)
Annual documents adopted by the Town and by Frederick County,
indicating Town and Frederick County capital projects having funding
approval for the current fiscal year and those capital projects which
are currently planned for following years, including the proposed
means of financing the same.
[Added 3-12-2002 by Ord. No. 2002-1]
COLONY
Bees in any hive, including queens, workers and drones.
[Added 4-10-2012 by Ord.
No. 2012-04]
COMMERCIAL BEEKEEPING
An operation which has as its primary purpose the raising
of colonies for sale or profit, or the production or procurement of
honey for sale or profit, or the selling of hives or bees, and which
is typically characterized by customers visiting the operation's location
on foot or in a vehicle.
[Added 4-10-2012 by Ord.
No. 2012-04]
COMPANION ANIMAL
Any animal that is commonly kept by persons as a pet or for
companionship, including but not limited to domesticated dogs and
domesticated cats.
[Added 7-9-2013 by Ord. No. 2013-06]
COMPREHENSIVE PLAN
A composite of mapped and written text, the purpose of which
is to guide the physical development of the Town, and which is adopted
by the Mayor and Council and includes all changes and additions thereto
made under the provisions of Article 66B of the Annotated Code of
Maryland.
[Added 3-12-2002 by Ord. No. 2002-1]
CONSOLIDATED TRANSPORTATION PROGRAM (CTP)
An annual document prepared by the Maryland Department of
Transportation and approved by the Maryland General Assembly indicating
state transportation projects which have funding approval for the
current fiscal year and those projects which are planned for following
years.
[Added 3-12-2002 by Ord. No. 2002-1]
COPY
The words or message displayed on a sign.
[Added 9-10-2013 by Ord. No. 2013-08]
COPY AREA
That area which encloses the actual copy on a sign.
[Added 9-10-2013 by Ord. No. 2013-08]
COUNTY MASTER HIGHWAY PLAN
The official plan of major roads, highways, streets, and
other ways adopted by the Frederick County Planning and Zoning Commission
and approved by the Board of County Commissioners of Frederick County
on February 7, 1972, and as amended in accordance with Article 66B
of the Annotated Code of Maryland.
CROSSWALK
An area or section which traverses a public or private right-of-way
and which is designated for us by pedestrians.
DEVELOPER
An individual, partnership, corporation (or agent thereof), or other entity that undertakes the responsibility for any or all of the activities covered by Chapters
105,
130 and
165, particularly the designing of a subdivision plan or site development plan showing the layout of the land and the public improvements involved therein. Inasmuch as the subdivision plan is merely a necessary means to the end of assuring a satisfactory development, the term "developer" is intended to include the term "subdivider," even though the personnel involved in successive stages of the project may differ.
[Added 3-12-2002 by Ord. No. 2002-1]
DEVELOPMENT
An area of land which is subject to change in use (preliminary
plan or site plan approval) or expansion of existing use and which
is subject to subdivision or site plan review.
[Added 3-12-2002 by Ord. No. 2002-1]
DIRECTIONAL SIGN
A sign designed to provide direction to pedestrian and vehicular
traffic.
[Added 9-10-2013 by Ord. No. 2013-08]
DWELLING
A building or structure designed for living quarters for
one or more families, but not including boarding or tourist homes
or other accommodations for transient occupancy.
[Amended 3-12-2002 by Ord. No. 2002-1]
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
[Amended 10-11-2005]
EXOTIC ANIMAL[Added 7-9-2013 by Ord. No. 2013-06]
A.
Any animal that is not normally domesticated in the United States
or is wild by nature. Exotic animals include but are not limited to
any of the following orders and families, whether bred in the wild
or captivity, and also any of their hybrids with domestic species.
B.
The animals listed in parentheses are intended to act as examples
and are not to be construed as an exhaustive list or limit the generality
of each group of animals, unless otherwise specified.
(1)
Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
(2)
Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars).
This provision does not apply to domesticated cats.
(3)
Canidae (wolves, coyotes, foxes, jackals). This provision does
not apply to domesticated dogs.
(5)
Reptilia (all venomous snakes, all constricting snakes).
(6)
Crocodilia (alligators, crocodiles).
(9)
Artiodactyla (hippopotamuses, giraffes, camels; not cattle or
swine or sheep or goats).
(10)
Procyonidae (raccoons, coatis).
(11)
Marsupialia (kangaroos, opossums).
(12)
Perissodactyla (rhinoceroses, tapirs; not horses or donkeys
or mules).
FACE
The surface area of a sign on which the advertising message
is displayed. A sign may have more than one face.
[Added 9-10-2013 by Ord. No. 2013-08]
FAMILY
A person living alone or two or more persons living together
as a single housekeeping unit, but not including a group of persons
occupying a boardinghouse, lodging house or hotel.
FARM
A parcel of land not less than 25 acres in size used for
agriculture.
FINAL PLAT
The final map, drawing or chart upon which a subdivider's
plan of subdivision is presented to the Planning Commission for approval
and which, if approved, will be submitted for recording among the
land records for Frederick County.
[Added 3-12-2002 by Ord. No. 2002-1]
FLASHING SIGN
A sign, the illumination of which is not kept stationary
or constant in intensity at all times when in use, including "open"
signs and electronic message centers. Digital display components are
to be permitted and not be considered flashing signs so long as the
message or information displayed does not change more than once per
thirty-minute duration or periodically as emergency public service
announcements or incidental changes related to time, date or temperature
may warrant. Notwithstanding the foregoing, there shall be no change
in message or information, other than incidental changes, beyond the
principal use's stated hours of operation, but in no case earlier
than 6:00 a.m. or later than 8:00 p.m. on any day. Display of emergency
public service announcements at any time shall be permitted and not
considered a flashing sign.
[Added 2-10-2009 by Ord. No. 2009-02; amended 9-10-2013 by Ord. No.
2013-08]
GARAGE, PRIVATE
A garage intended for and used for the storage of the private
motor vehicles of the families residing upon the premises. Detached
garages may be no more than one story, as defined by BOCA.
[Amended 10-11-2005]
GARAGE, PUBLIC
A space or structure, other than a private garage, for the
storage, hire, care, repair or refinishing of vehicles or trailers.
[Amended 10-11-2005]
GOVERNMENT PROJECTS
Any building, structure, or alteration thereof paid for or
used by the local, state or federal government entities.
[Added 3-12-2002 by Ord. No. 2002-1; amended 10-11-2005]
GRADE PLANE
A reference plane representing the average of the finished
ground level adjoining the sign structure.
[Added 9-10-2013 by Ord. No. 2013-08]
HIVE
Any artificial or natural receptacle which may be used to
house bees.
[Added 4-10-2012 by Ord.
No. 2012-04]
HOME OCCUPATION
An occupation conducted entirely within a dwelling by a member
or members of the immediate family. Boarding and rooming houses, tourist
homes and private educational institutions shall not be deemed home
occupations.
HOME OCCUPATION, NO-IMPACT or NO-IMPACT HOME OCCUPATION
A home occupation which satisfies the conditions set forth in Chapter
165 and which is determined by the Zoning Administrator, with the recommendation of the Planning Commission, to have no impact on surrounding properties.
[Added 1-13-2009 by Ord. No. 2009-01]
INCIDENTAL SIGN
A sign, generally informational, that has an incidental purpose
to the use of the lot on which it is located, such as "no parking,"
"entrance," "exit," "loading only," and other similar directives.
These signs shall include but not be limited to signs on automatic
teller machines, gas pumps, vending machines or newspaper delivery
boxes.
[Added 9-10-2013 by Ord. No. 2013-08]
INDUSTRIAL PARK
A tract of land for industrial use developed according to
a plan for occupancy by a group of industries and equipped with streets
and necessary utilities.
INTERIOR SIGNS
Signs that are located inside a building or other facility.
[Added 9-10-2013 by Ord. No. 2013-08]
JUNKYARD
Any land or building used for the abandonment, sale, storage,
keeping, collecting or bailing of paper, rags, scrap metal or other
scrap or discarded materials or for the abandonment, demolition, dismantling,
storage or salvaging or sale of three or more motor vehicles, not
in running condition, machinery, or parts thereof.
KENNEL
Any building or structure and/or land used, designed, or
principally arranged for housing, boarding, or the breeding of more
than five adult dogs over the age of four months.
[Added 11-8-2005 by Ord. No. 2005-8]
LEVEL OF SERVICE (LOS)
A standardized index of relative service provided by a road
or highway ranging from "A" to "F" with "A" representing free, unobstructed
flow and "F" representing a forced flow beyond capacity of the facility
as defined in the Highway Capacity Manual published by the Highway
Research Board.
[Added 3-12-2002 by Ord. No. 2002-1]
LOT
A parcel or portion of land separated from other parcels
or portions either by descriptions as on a subdivision plat or a recorded
survey map, or by metes and bounds, for the purpose of sale, lease
or other development uses or occupied or intended to be occupied by
a principal building or use or a group of buildings and its accessory
buildings and uses.
LOT AREA
The total horizontal area included within the rear, side
and front lot lines or proposed street lines of the lot, excluding
any street right-of-way whether dedicated to public use or not but
including areas of easements.
LOT, CORNER
A lot abutting upon two or more roads at their intersection
or upon two parts of the same road and, in either case, forming an
interior angle of less than 135º.
MARQUEE
A permanent roofed structure projecting from and attached
to a building and supported by either the building or column supports
from grade or a combination of both.
[Added 9-10-2013 by Ord. No. 2013-08]
MENU BOARD
A variable-message sign that allows a retailer to list products
and prices (for example, the bill of fare for a fast-food restaurant).
[Added 9-10-2013 by Ord. No. 2013-08]
MINOR SUBDIVISION
Any parcel that has been or is proposed to be subdivided
to create five or fewer lots.
[Added 3-12-2002 by Ord. No. 2002-1]
MYERSVILLE COMPREHENSIVE PLAN
The officially adopted Comprehensive Plan of the Town of
Myersville, or any part of such plans or any amendments thereto.
[Amended 10-11-2005]
NONCONFORMING USE
A building, structure or premises legally devoted to or occupied
by or for a use that does not conform with the provisions for the
district in which located.
NONCONFORMITY, DIMENSIONAL
A lot or structure which is nonconforming because it is not
in compliance with the dimensional regulations of this Code.
OUTLOT
A nonbuildable lot that is only for the purpose of providing
access to adjoining properties and/or for the continuation of future
street patterns.
POSTER
Paper or vinyl advertising sheets that are hung by hand onto
outdoor advertising structures.
[Added 9-10-2013 by Ord. No. 2013-08]
PRELIMINARY PLAN
The preliminary drawings and supplementary materials indicating
the proposed layout of the subdivision to be submitted to the Planning
Commission for its consideration.
[Added 3-12-2002 by Ord. No. 2002-1]
PROJECTING SIGN
A building sign which extends out, over or away from the
wall of a building.
[Added 9-10-2013 by Ord. No. 2013-08]
PUBLIC WORKS AGREEMENT
A contract, between the developer and the Town to complete
the necessary improvements in accordance with the approved plans and
specifications by a given date.
[Added 3-12-2002 by Ord. No. 2002-1]
RECREATIONAL BEEKEEPING
An activity or pursuit by a beekeeper who owns or maintains
one or more hives for the primary purpose of personal hobby, personal
consumption of bee by-products or for educational pursuits.
[Added 4-10-2012 by Ord.
No. 2012-04]
SIGN
Includes every visually communicative display external to
any building used to advertise or promote the interest of any person.
[Added 9-10-2013 by Ord. No. 2013-08]
SIGN STRUCTURE
The supports, uprights, braces and framework of the sign.
[Added 9-10-2013 by Ord. No. 2013-08]
SITE DEVELOPMENT PLAN (SITE PLAN)
The plan indicating the location of existing and proposed
buildings, structures, paved areas, walkways, vegetative cover, landscaping
and screening within a site proposed for development which is to be
submitted to the Planning Commission for approval prior to the release
of building permits on the site.
[Added 3-12-2002 by Ord. No. 2002-1]
SPECIAL EXCEPTION
A grant of a specific use that would not be appropriate generally
or without restriction and shall be based upon a finding that certain
conditions governing special exceptions as detailed in this Code exist,
that the use conforms to the Myersville Master Development Plan and
is compatible with the existing neighborhood.
STATE RATED CAPACITY (SRC)
The maximum number of students, as determined by the state,
that can be reasonably accommodated in a school facility without significantly
hampering delivery of the given educational program.
[Added 3-12-2002 by Ord. No. 2002-1]
STORAGE CONTAINER
A prefabricated "sea container" or "C container" or similar
object which is or resembles a modified trailer, railroad car or intermodal
shipping container and which is manufactured or used primarily for
storage or shipping purposes.
[Added 3-10-2009 by Ord. No. 2009-03]
STREET or ROAD
Any public or private right-of-way, highway, street, land,
square, court, or way set aside as a permanent right-of-way for public
travel used for the movements of pedestrian and vehicular traffic
as well as the installation of public utilities. Streets or roads
shall be defined and classified in accordance with the Town Master
Plan as follows:
[Amended 10-11-2005]
A.
ARTERIALA street intended for the movement of traffic from collector through Town to other collectors or arterials. They are not intended as a means of access to adjacent properties.
B.
COLLECTORA street intended for the movement of traffic from secondary collectors to arterials or other secondary collectors in Town. They are not intended as a means of access to adjacent properties.
C.
SECONDARY COLLECTOR STREETA street which, in addition to providing access to properties abutting thereon, is intended to collect traffic or distribute it to a series of local access streets within a neighborhood.
E.
SERVICE ROADA road not serving as a collector road, but merely providing access to properties fronting on a highway, which road is contiguous and parallel to the major highway. "Adjacent" here shall mean that no structure shall be built between the service road and the major highway.
STRUCTURAL ADEQUACY
Determination that pavement cross section (or bridge design)
is of sufficient depth and design to carry the increased traffic volume
generated by the proposed development, including the heavy construction
vehicles which will be present, without causing undue failure of the
infrastructure.
[Added 3-12-2002 by Ord. No. 2002-1]
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVIDE
The act of creating a subdivision as herein defined.
SUBDIVIDER
Any person or persons, partnerships, firms, corporation,
or cooperative enterprises undertaking or participating in the subdivision
of land.
SUBDIVISION
The division of a lot, tract, or parcel of land into two
or more lots, plats, sites, or other divisions of land for the purpose,
whether immediate or future, of sale or of building development. It
includes resubdivision and, when appropriate to the context, relates
to the process of resubdividing or the land or territory subdivided.
This definition is not intended to include a testamentary or inter
vivos partition of land.
[Amended 10-11-2005]
SWIMMING POOL
Any artificial structure, basin, chamber, or tank, either
above or below ground, designed to contain in depth more than 18 inches
of water, used or intended to be used for the primary purpose of swimming,
diving, wading, or recreational bathing.
[Added 3-12-2002 by Ord. No. 2002-1]
TEMPORARY SIGN
A sign erected or posted for a period of no more than 90
days.
[Added 9-10-2013 by Ord. No. 2013-08; amended 9-14-2021 by Ord. No. 2021-08]
TRUCK STOP
Any facility offering for sale fuel for tractor-trailer vehicles
and constructed and designed to enhance maneuverability and fueling
of tractor-trailer vehicles by the contouring of curbs and aprons,
the placement and design of fuel pump islands or other such design
criteria. In addition, a truck stop shall have the capability to fuel
two or more tractor-trailer vehicles at the same time and/or parking
facilities for five or more such vehicles.
[Added 3-8-2005]
USE
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
USE, PRINCIPAL
The main or primary use of property or structures measured
in terms of net floor area.
VARIANCE
A modification only of density, bulk or area requirements
where such modifications will not be contrary to the public interest
and where owing to conditions peculiar to the property, and not the
results of any action taken by the applicant, a literal enforcement
of this Code would result in unnecessary hardship.
VIDEO LOTTERY FACILITY
A facility at which video lottery terminal players play video
lottery terminals.
[Added 11-8-2005 by Ord. No. 2005-7]
VIDEO LOTTERY TERMINAL
Any machine or other device that, on insertion of a bill,
coin, token, ticket, coupon or similar item, or on payment of any
consideration, A) is available to play or simulate the play of any
game of chance in which the results, including the options available
to the video lottery terminal player, are randomly and immediately
determined by the machine or other device; and B) by the element of
chance, may deliver or entitle the video lottery terminal player who
operates the machine or device to receive cash, premiums, merchandise,
tokens, or anything of value, whether the payout is made automatically
from the device or in any other manner. “Video lottery terminal”
includes a machine or device A) that does not directly dispense money,
tokens, or anything of value to winning video lottery terminal players
and B) described in this definition, that uses an electronic credit
system making the deposit of bills, coins, or tokens unnecessary.
“Video lottery terminal” does not include a machine or
device that is available to play the Maryland state lottery conducted
under § 9-101 et seq. of the State Government Article of
the Annotated Code of Maryland.
[Added 11-8-2005 by Ord. No. 2005-7]
YARD, FRONT
An unoccupied open space extending across the full width
of the lot between the front lot line or the proposed front street
line and setback line of the minimum required front yard depth measured
at the shortest horizontal distance.
YARD, REAR
An unoccupied open space extending across the full width
of the lot between the rear line of the lot and the setback line of
the minimum required rear yard depth measured at the shortest horizontal
distance.
YARD, SIDE
An unoccupied open space between the side lot line, the side
street line, or the proposed side street line, if such line falls
within the lot and the setback line of the minimum required side yard
depth measured at the shortest horizontal distance. The side yard
extends from the front yard to the rear yard, or, in the absence of
either of such yards, to the front lot line and/or rear lot line.
ZONING ADMINISTRATOR
The administrative officer in charge of zoning administration
within the Town.
[Amended 3-12-2002 by Ord. No. 2002-1]
ZONING CERTIFICATE
Signature approval on a permit, by the Zoning Administrator, authorizing the issuance of a permit for buildings, structures, or uses consistent with the requirements of Chapter
165 of this Code.
[Amended 3-12-2002 by Ord. No. 2002-1]