For the purposes of this chapter, certain terms
or words used herein shall be interpreted as follows:
A.
The singular number includes the plural and the plural
the singular, unless the context clearly indicates the contrary.
B.
Words used in the present tense include the past and
future tenses, and the future the present.
C.
The word "shall" is always mandatory. The word "may"
is permissive.
D.
The word "building" or "structure" includes any part
thereof, and the word "building" includes the word "structure."
E.
Words and terms not defined herein shall be interpreted
in accord with their normal dictionary meaning and customary usage.
F.
The word "person" includes a firm, association, organization,
partnership, trust, company, or corporation as well as an individual.
G.
The words "used" or "occupied" include the words "intended,"
designed," or "arranged to be "used" or "occupied."
H.
The word "lot" includes the words "plot" or "parcel."
For the purposes of this chapter, certain terms
and words are hereby defined:
An accessory building is a subordinate building or a portion
of the main building, the use of which is clearly incidental to or
customarily found in connection with, and (except as otherwise provided
in this chapter) located on the same lot as the main building or principal
use of the land. The term "accessory building" shall not include motor
vehicles or trailers that are designed to be towed by motor vehicles.
[Amended 11-6-2006 by Ord. No. 2006-20]
An accessory use is one which is clearly incidental to or
customarily found in connection with, and (except as otherwise provided
in this chapter) is located on the same lot as the principal use of
the premises. When the term "accessory" is used in this chapter, it
shall have the same meaning as accessory use.
The Zoning Administrator of Federalsburg as designated by
the Planning and Zoning Commission (unless reference is made to the
Town Administrator in the context of the specific section).
The sum of two or more designated areas or widths to be measured,
limited, or determined under the provisions of this chapter.
The use of land for the purposes of farming, dairying, pasturing,
apiculture, horticulture, floriculture, viticulture, fish culture,
and animal and poultry husbandry. The processing, packaging or manufacture
of agricultural products is not included.
A narrow public thoroughfare which provides only a secondary
means of access to abutting properties and is not intended for general
traffic circulation.
A part of a building containing cooking and housekeeping
facilities, consisting of a room or suite of rooms intended, designed,
and used as a residence by an individual or a single family.
Same as "dwelling, multiple-family."
Farming or culturing of finfish, shellfish, other aquatic
plants or animals, or both, in tanks or impoundments, including hatching,
cultivating, planting, feeding, raising, and harvesting of aquatic
plants and animals and the maintenance and construction of necessary
equipment, buildings, and growing 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.
[Added 11-2-2020 by Ord. No. 2020-07]
A street so designated in the Federalsburg Comprehensive
Plan, Transportation Section.
That portion of a building between the floor and ceiling
which is wholly or partly below grade and having more than 1/2 of
its height below grade.
A building that contains a dwelling unit and guest rooms
where the guests receive a room and one meal per day. bed-and-breakfast
home means a single-family, owner-occupied dwelling that provides
no food or beverage service for the transient guests other than for
breakfast (which is provided in the area of the dwelling that is generally
used by the resident for the consumption of food). The resident(s)
may choose to occupy separate, or detached, sleeping quarters in what
would otherwise be considered a guesthouse, carriage house, or finished
space over a garage, if such facilities exist on the premises.
The Board of Appeals of Federalsburg.
Same as "rooming house."
The area of that part of the lot not included within the
yards or open spaces herein required.
The width of that part of a lot not included within the open
spaces herein required.
Any structure having a roof supported by columns or walls
for the housing or enclosure of person or property of any kind. The
term "building" shall not include motor vehicles or trailers that
are designed to be towed by motor vehicles.
[Amended 11-6-2006 by Ord. No. 2006-20]
Any building having no outside openings other than ordinary
doors, windows, and ventilators.
The vertical distance from the grade to the
highest point of the coping of a flat roof, or to the deckline or
highest point of coping or parapet of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip, shed, and gambrel
roofs. When the highest wall of a building with a shed roof is within
30 feet of a street, the height of such building shall be measured
to the highest point of coping or parapet.
Roofline designations refer to definitions of projecting signs and roof signs in Article XVI.
 |
A term used in this chapter to describe the size and shape
of a building or structure and its relationship to other buildings,
to the lot area for building, and to open spaces and yards.
See "District, Commercial."
A detachable, rooflike cover, supported from the ground,
or deck, floor, or walls of a building, for protection from sun or
weather.
A building or portion thereof designed for, constructed or
under construction or alteration for, or used by two or more physicians,
surgeons, dentists, psychiatrists, physiotherapist, or practitioners
in related specialties, or a combination of persons in these professions,
but not including lodging of patients overnight.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational, or recreational
purpose, but not primarily for profit which inures to any individual
and not primarily to render a service which is customarily carried
on as a business.
A use that would not be appropriate generally or without
restriction throughout the district, but which, if controlled as to
number, area, location, or relation to the neighborhood, would promote
the public health, safety, welfare, morals, order, comfort, convenience,
appearance, prosperity, or general welfare. Such uses may be permitted
in such district as conditional use is made in this chapter.
A building where regular nursing care is provided for more
than one person not a member of the family which resides on the premises.
An open space which may or may not have direct street access
and around which is arranged a single building or a group of related
buildings.
Any section of Federalsburg in which the zoning regulations
are uniform.
Any district designated in these regulations as a business
or commercial district or special commercial district under various
sections of this chapter or containing the words "business" or "commercial"
in the title.
Any district designated in this chapter as an industrial
district under the various sections or containing the word "industrial"
in its title.
Any district designated in this chapter as a residential
district under the various sections of this chapter.
The keeping of any dog or dogs, regardless of number, for
sale, breeding, boarding or treatment purposes, except in an animal
hospital, dog beauty parlor, or pet shop, as permitted by these regulations,
or the keeping of five or more dogs, six months or older, for any
purpose.
A term used to describe an establishment designed or operated
to serve a patron while seated in an automobile parked in an off-street
parking space.
A building or portion thereof designed or used exclusively
for residential occupancy, as described below.
DWELLING, SEMIDETACHEDA building containing not more than two dwelling units attached at the side to not more than one other building by a party wall with each building a separate lot.
DWELLING, ATTACHEDA building containing more than two dwelling units attached at the side to two or more buildings.
DWELLING, MULTIFAMILYA detached building designed for use by more than two families (an apartment).
DWELLING, TOWNHOUSEOne of a group of attached or semidetached dwellings divided by party walls along the dividing lot line.
DWELLING, DUPLEXA detached building with two duplicate mirrored dwelling units and separate entrances.
DWELLING, ONE-FAMILY: A dwelling unit separate
from structures on all adjacent lots (detached) and used by one family.
A building designed for or occupied exclusively by one family.
A building designed for or occupied exclusively by two families
living independently of each other.
A building designed for or occupied exclusively by three
or more families living independently of each other.
A room or group of rooms occupied or intended to be occupied
as separate living quarters by a single family or other group of persons
living together as a household or by a person living alone.
An individual or two or more persons who are related by blood
or marriage living together and occupying a single housekeeping unit
with single culinary facilities, or a group of not more than four
persons living together by joint agreement and occupying a single
housekeeping unit with single culinary facilities on a nonprofit,
cost-sharing basis. Domestic servants, employed and residing on the
premises, shall be considered as part of the family.
Any building, structure, or land used for the sale at retail
of motor vehicle fuels, lubricants, or accessories, or for the servicing
of automobiles or repairing of minor parts and accessories, but not
including major repair work such as motor replacement, body and fender
repair, or spray painting.
For commercial, business, and industrial buildings,
or buildings containing mixed uses: the sum of the gross horizontal
area of the several floors of a building measured from the exterior
faces of the exterior walls or from the center line of walls separating
two buildings but not including: (1) attic space providing headroom
of less than seven feet; (2) basement space not used for retailing;
(3) uncovered steps or fire escapes; (4) accessory water towers or
cooling towers; (5) accessory off-street parking spaces; and (6) accessory
off-street loading space.
For residential buildings: The sum of the gross
horizontal areas of the several floors of a dwelling, exclusive of
garages, basements, and open porches, measured from the exterior faces
of the exterior walls, but not including attic space providing headroom
of less than seven feet.
STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
A garage used for storage purposes only and having a capacity
of not more than four automobiles or not more than two automobiles
per family housed in the building to which the garage is accessory,
whichever is the greater. Space therein may be used for not more than
one commercial vehicle and that one of not more than one-ton capacity,
and space may be rented for not more than two vehicles to persons
other than occupants of the buildings to which such garage is accessory.
Grade elevation shall be determined by averaging the elevations
of the finished ground at all the corners and/or other principal points
in the perimeter wall of the building.
Living quarters within a detached accessory building located
on the same premises with the main building for use by temporary guests
of the occupants of the premises, such quarters having no kitchen
facilities or separate utility meters, and not rented or otherwise
used as a separate dwelling.
Any occupation or activity which is clearly incidental and
secondary to use of the premises for dwelling purposes and which is
carried on by a member of a family residing on the premises, and in
connection with which there is no display or substantial storage of
materials or generation of substantial volumes of vehicular or pedestrian
traffic or parking demand or other exterior indication of the home
occupation or variation from the residential character of the building,
and in connecting with which no person outside the resident family
is employed and no equipment used which creates offensive noise, vibration,
smoke, dust, odor, heat, or glare. A home occupation shall show proof
of all state and local licenses, if so required.
A building or group of buildings, having room facilities
for overnight patients, used for providing services for the in-patient
medical or surgical care of sick or injured humans, and which may
include related facilities, central service facilities, and staff
offices; provided, however, that such related facility must be incidental
and subordinate to the main use and must be an integral part of the
hospital operations.
A building in which lodging or boarding and lodging are provided
for more than 15 persons, primarily transient, or with more than 10
guest rooms or rental units offered to the public for compensation.
Ingress and egress from all rooms is made through an inside lobby
or office supervised by a person in charge at all hours. As such,
it is open to the public, in contradistinction to a boarding, rooming,
or lodging house, or an apartment house, which are herein separately
defined. A hotel may include restaurants, taverns, club rooms, public
banquet halls, ballrooms, and meeting rooms.
Dilapidated or unlicensed automobiles, trucks, tractors,
and other such vehicles and parts thereof, dilapidated wagons, trailers,
and other kinds of vehicles and parts thereof, scrap building materials,
scrap contractor's equipment, tanks, casks, cans, barrels, boxes,
drums, piping, bottles glass, old iron, machinery, rags, paper, excelsior,
hair mattresses, beds, bedding, or any other kind of scrap or waste
material which is stored, kept, handled or displayed.
A business that provides washing, drying, and/or ironing
machines or dry-cleaning machines for hire to be used by customers
on the premises.
A space within the main building or on the same lot, providing
for the standing, loading, or unloading of trucks, having minimum
area of 540 square feet, minimum width of 12 feet, a minimum depth
of 45 feet, and a vertical clearance of at least 14.5 feet.
Same as "rooming house."
A parcel of land which may include one or more platted lots,
occupied or intended for occupancy by a use permitted in this chapter,
including one main building together with its accessory buildings,
and the yard areas and parking spaces required by this chapter, and
having its principal frontage upon a street or upon an officially
approved place.
The total horizontal area within the lot lines of the lot.
A lot abutting upon two or more streets at their intersection.
The average horizontal distance between the front and rear
lot lines.
A measured distance taken in a straight line at right angles
to the foremost of the side lot lines and joining those foremost side
lot lines at their foremost points (for purposes of establishing minimum
lot frontage on a street). [See also "lot width."]
A lot other than a corner lot.
The boundary line of a lot.
A lot having a frontage on two approximately parallel streets
or places.
A lot which is part of a subdivision recorded in the office
of the Clerk of the Circuit Court, or lot or parcel described by metes
and bounds, and description of which has been so recorded.
A measured distance taken at the building line and at right
angles to the site lot lines and which shall be no less than the minimum
horizontal distance required by distance regulations to create the
front yard, as measured between the required street line and the building
line. (See also "lot frontage.")
A street or highway so designated on the Transportation Section
of the Comprehensive Plan of Federalsburg.
A dwelling unit that is fabricated in an off-site manufacturing
facility for installation or assembly at the building site, bearing
a label certifying that it is built in compliance with the National
Manufactured Housing Construction and Safety Standards Act of 1974.
[Added 2-5-2007 by Ord. No. 2006-25]
A place for docking pleasure boats or providing services
to pleasure boats and the occupants thereof, including minor servicing
and repair to boats while in the water, sale of fuel and supplies,
and provision of lodging, food, beverages, and entertainment as accessory
uses. A yacht club shall be considered as a marina, but a hotel, motel,
or similar use, where docking of boats and provision of services thereto
is incidental to other activities, shall not be considered a marina,
nor shall boat docks accessory to a multiple dwelling where no boat-related
services are rendered.
A movable single-family living unit designed for long-term
occupancy, containing indoor sanitary facilities to be connected to
on-site utility systems, designed to be towed to the site, and without
a solid foundation.
Any site designed to accommodate mobile homes, planned and developed in accordance with provisions contained in Article XVII.
Any site designed to accommodate mobile homes in accordance with the provisions of Article XVII, provided that the lots within said subdivision conform to the lot area requirements for single detached dwellings in the zone in which the site is located.
A building or land which does not conform with the sign,
height, area, or use regulations of the district in which it is located.
Same as "convalescent home."
An all-weather surfaced area not in a street or alley and
having an area of not less than 200 square feet, exclusive of driveways,
permanently reserved for the temporary storage of one vehicle and
connected with a street or alley by a paved driveway which affords
ingress and egress for an automobile without requiring another automobile
to be moved.
An open, unoccupied space other than a street or alley, permanently
reserved as the principal means of access to abutting property.
A lot, together with all buildings and structures thereon.
Any area of land or water on which accommodations for temporary
occupancy are located or may be placed, including hotels, summer homes,
and which is primarily used for recreational purposes and retains
an open-air or natural character.
The whole body of regulations, text, charts, tables, diagrams,
maps, notations, references, and symbols, contained or referred to
in this chapter.
A dwelling unit intended for rental to transients on a day-to-day
or week-to-week basis, but not intended for use or used as a permanent
dwelling and not including culinary facilities.
A building where, for compensation and by prearrangement
for definite periods, lodging, meals, or lodging and meals are provided
for three or more persons but containing no more than five guest rooms
or rental units.
Living quarters within a portion of a main building or in
an accessory building located on the same lot with the main building,
used for servants employed on the premises, such quarters having no
separate utility meters, and not rented or otherwise used as a separate
dwelling.
Any device designed to inform, or attract the attention of persons not on the premises on which the sign is located, provided that the following shall not be included in the application for the regulations herein: See § 245-115.
Signs not exceeding one square foot in area
and bearing only property numbers, post-box numbers, and/or names
of occupants of premises not having commercial connotations.
Flags and insignias of any government except
when displayed in connection with commercial promotion.
Legal notices; identification, information,
or directional signs erected or required by governmental bodies.
Integral decorative or architectural features
of buildings, except letters, trademarks, moving parts, or moving
lights.
Signs directing and guiding traffic and parking
on private property, but bearing no advertising matter.
A drawing illustrating a proposed development and prepared in accordance with the specifications of Article XVI.
An accessory building, not related to the ordinary operation
of a farm, for the housing of not more than four horses or mules owned
by a person or persons living on the premises and which horses or
mules are not for hire or sale.
Any stable for the housing of horses or mules, operated for
remuneration, hire, sale, or stabling, or any stable, not related
to the ordinary operation of a farm, with a capacity for more than
four horses or mules, whether or not such stable is operated for remuneration,
hire, sale, or stabling.
The portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it; or, if there be no floor next above it, then the space between
such floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level, and in which space, not more than 2/3 of the floor area
is finished for use. A half story containing independent apartments
for living quarters shall be counted as a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line separating a lot, tract, or parcel of land
and a contiguous street.
Any change in the supporting members of a building, such
as footings, bearing walls or partitions, columns, beams or girders,
or any substantial change in the roof or in the exterior walls, excepting
such repair as may be required for the safety of the building.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground, or attached to something
having a permanent location on the ground, or attached to something
having a permanent location on the ground, including, but without
limiting the generality of the foregoing, trailers or mobile homes,
sings, swimming pools, fences, and backstops for tennis courts.
Any portable pool or permanent structure capable of containing
a body of water 18 inches or more in depth but not including an ornamental
reflecting pool or fish pond or other type of pool located and designed
so as not to create a hazard or be used for swimming or wading.
A single-family dwelling forming one of a group or series
of three or more attached single-family dwellings separated from one
another by party walls without doors, windows, or other provisions
for human passage or visibility through such walls from basement to
roof, and having roofs which may extend from one of the dwelling units
to another.
Any vehicle or portable structure designed for temporary
occupancy; or which contains holding tanks for waste disposal, or
can operate independently of sewer, water and electrical systems;
including travel trailers, pickup campers, bus campers, tent campers,
tents, or other temporary vehicles which require installation to utility
systems.
Any site, lot, field, or tract of land upon which is located
one or more occupied trailers or which is held out for the location
of any occupied trailer. The terms shall include any building, structure,
vehicle, or enclosure for use as a part of the equipment for such
park or court.
A relaxation of the terms of this chapter where such variance
will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of this chapter would result in unnecessary
and undue hardship. As used in this chapter, a variance is authorized
only for height, area, and size of structure or size of yards and
open spaces. Establishment or expansion of a use otherwise prohibited
shall not be allowed by variance, nor shall a variance be granted
because of the presence of nonconformities in the zone or adjoining
zones.
Any body of water, including any creek, canal, river, lake,
or bay, or any other body of water, natural or artificial except a
swimming pool or ornamental pool located on a single lot.
A line making the normal division between land and a waterway
as established by the Administrator or by Town ordinances.
A dwelling space to be occupied by a single family, consisting
of one or more individuals permanently living together and using certain
rooms and housekeeping facilities in common. Example: an apartment
building may contain a number of dwelling units.
An open space, other than a court, on a lot, and unoccupied
and unobstructed from the ground upward, except as otherwise provided
in this chapter.
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance required between
the street line and building line or the main building or any projections
of uncovered steps, uncovered balconies, terraces, or uncovered porches
not exceeding 30 inches in height.
A yard extending across the rear of the lot between the side
lot lines and measured between the rear lot line and the rear of the
required minimum rear yard or the main building or any projections
other than steps, unenclosed porches or entranceways.
A yard between the main building and the side line of the
lot and extending from the front yard to the rear yard and being the
minimum horizontal distance between the site lot line and site of
the main buildings or any projections thereof.
