Unless defined in this article, the Natural Resources Article of the State Code, or COMAR, words defined elsewhere in this Code apply in this article. The following words have the meanings indicated:
(1) "Accessory" means a use or structure that customarily is incidental and subordinate to another use or structure.
(2) "Adult bookstore" means a commercial establishment that has a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising from, or maintains a significant or substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
(i) books, magazines, periodicals, or other printed matter, or photographs, films, movies, videotapes, cassettes, compact discs, slides, or other visual representations that are characterized by their emphasis upon display of sexual activities; or
(ii) instruments, devices, or paraphernalia designed for use or marketed primarily for sexual activities.
For purposes of this definition, "sexual activities" means sadomasochistic abuse, sexual conduct, or sexual excitement, as those terms are defined in the Criminal Law Article, § 11-101, of the State Code.
(3) "Adult day care center" has the meaning stated in the Health-General Article, § 24-701, of the State Code.
(4) "Adult movie theater" means a commercial establishment, including an adult film arcade with display devices, that regularly and routinely offers for viewing on the premises films, videos, or similar material characterized by an emphasis upon display of sexual activities, but the term does not include a hotel, motel, or similar place of accommodation that offers such films, videos, or similar material for viewing by guests in their rooms. For purposes of this definition:
(i) "Adult film arcade" means a commercial establishment that contains display devices for viewing films, videos, or similar material in viewing booths on the premises if a significant or substantial portion of the films, videos, or similar material available for viewing is characterized by an emphasis upon display of sexual activities;
(ii) "Display device" means an electronically or mechanically controlled still or motion picture machine, film projector, videotape player, DVD player, or other image-producing device that is activated by or at the request of a customer in return for money or any other form of consideration;
(iii) "Sexual activities" means sadomasochistic abuse, sexual conduct, or sexual excitement, as those terms are defined in the Criminal Law Article, § 11-101, of the State Code; and
(iv) "Viewing booth" means an enclosed or partially enclosed area for use by customers to view films, videos, or similar material by means of a display device.
(5) "Aggregate net energy facility" means an industrial scale, renewable energy generating facility that uses energy from the sun to produce electricity and that operates as a principal use to supply electricity generated at that location to one or more pre-specified locations, and is regulated by Maryland net metering rules and utility tariffs.
(6) “Aggregation” or “aggregated”, with respect to agritourism and farming, means gathering and selling agricultural products from multiple farm sources to create a larger and more consistent supply to meet consumer demand.
(7) “Agricultural heritage site” means a property listed on the County Inventory of Historic Resources that is determined by the Planning and Zoning Officer to be historically significant for its contribution to the agricultural history of the County.
(8) “Agritourism” means a business enterprise on a farm related to agriculture or natural resources that is offered to the public or invited groups. Agritourism shall be accessory to a principal use of farming and shall be located on land that qualifies for an agricultural use assessment pursuant to the Tax-Property Article, § 8-209 of the State Code or that is covered by a current and active soil conservation and water quality plan approved by the Anne Arundel Soil Conservation District. Agritourism includes fishing; wildlife study; corn mazes; pumpkin patches; harvest festivals; field trips; hayrides; pick-your-own operations; farm tours; food services, including commercial kitchens for preparation of value-added products and service of farm to table meals; aggregation; farm museums; educational classes; and other activities or events related to agriculture, historical, cultural, or natural resources, agricultural products, or agricultural skills.
(9) “Airfield” or “airport” means a facility for the takeoff, landing, fueling, and housing of aircraft, the discharging and receiving of passengers and cargo from or to the aircraft, and the provision of shelter and conveniences for passengers.
(10) “Animal hospital” or “veterinary clinic” means a structure used by a licensed veterinarian for the practice of veterinary medicine and may include the sale of pet supplies and the boarding and grooming of animals to the extent necessary to the practice of veterinary medicine.
(11) “Antenna structure” means the rigid part of an assembly that receives or transmits radio energy and the mast or tower on which the assembly is mounted, but does not include non-rigid items such as wire, cable, transmission lines, lightning rods, guy wires, or guy wire anchors.
(12) “Arcade” means a facility with nine or more coin-operated amusement devices.
(13) “Assisted care unit” means a discrete living space within an assisted living facility intended to be occupied by individuals desiring or requiring to participate in an assisted living program as defined in the Health-General Article, § 19-1801, of the State Code, but does not include a comprehensive care unit.
(14) “Assisted living facility” means a facility with an assisted living program as defined in § 19-1801 of the Health-General Article of the State Code that is not a group home or a community- based assisted living facility.
(15) “Assisted living facility I, community based” means a facility with an assisted living program as defined in § 19-1801 of the Health-General Article of the State Code that is not a group home and that houses no more than eight residents other than staff.
(16) “Assisted living facility II, community based” means a facility with an assisted living program as defined in § 19-1801 of the Health-General Article of the State Code that is not a group home and that houses between 9 and 16 residents other than staff.
(17) “Automobile and truck dismantling and recycling facility” means a facility that dismantles, tests, and cleans parts from inoperable motor vehicles and may include the sale of parts from dismantled motor vehicles.
(18) “Automobile gasoline station” means a facility that offers retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aids, or minor automobile accessories.
(19) “Banquet hall” means an establishment, not open to the public, that prepares or serves food and beverages only for ceremonial gatherings honoring guests or special occasions.
(20) “Beer” has the meaning stated in § 1-101 of the Alcoholic Beverages and Cannabis Article of State Code.
(21) “Bird sanctuary” means a facility where birds are kept and given care.
(22) “Bog” means an ecosystem consisting of peatland characterized by sphagnous mat, organic soils, or accumulated peat and soils saturated to the surface throughout the year with minimal fluctuation in water level and contiguous nontidal wetlands.
(23) “Bog protection area” means an area shown on the Bog Protection Area Guidance Map, consisting of a bog, contributing streams, a one-hundred foot upland area buffer, the limited activity area, and contributing drainage area.
(24) “Borrow pits” means areas from which soil and other natural materials are removed for use, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance.
(25) “BRAC Mixed Use Development” means development that meets the requirements of § 18-10-112.
(26) “Brewery” means a facility that has been issued a Class 5 manufacturer’s license under Alcoholic Beverages and Cannabis Article of State Code that produces more than 22,500 barrels of beer per year.
(27) “Brewery, craft” means a facility that has been issued a Class 5 manufacturer’s license or a Class 7 micro-brewery license under Alcoholic Beverages and Cannabis Article of State Code that produces not more than 22,500 barrels of beer per year.
(28) “Buffer” has the meaning stated in the Natural Resources Article, § 8-1802, of the State Code and COMAR, Title 27.
(29) “Building restriction line” for a lot other than a flag lot means a line drawn parallel to the lot line at a distance equal to the required setback or to any applicable minimum width requirement, whichever is greater. “Building restriction line” for a flag lot means the line created when the following two hypothetical lines are connected: a line equal to the minimum lot width drawn from the opening of the pipestem and continuing along the pipestem lot line and a line equal to the minimum lot width drawn from the opening of the pipestem and continuing along the lot line of the flag.
(30) “Business complex” means a development on a lot or lots under single ownership or control that combines two or more of the permitted, conditional, or special exception uses allowed in the district in which the development is located.
(31) “Child care center” has the meaning stated in the Education Article, § 9.5-401, of the State Code.
(32) “Commercial telecommunication facility” means a structure, such as a tower, antenna, monopole, panel, microwave dish, or in-building wireless communication enhancement system, including accessory structures, used for the wireless electromagnetic transmission of information, but the term does not include a satellite earth station, a structure used for amateur or recreational purposes such as a ham radio or citizens band radio, a small cell system, or a facility owned by a public utility that is used to control the utility’s distribution systems.
(33) “Composting facility” means a facility where composting takes place under a Tier 1 or Tier 2 composting facility permit issued by the Maryland Department of the Environment pursuant to COMAR 26.04.11.05 or 26.04.11.06.
(34) “Comprehensive care unit” means a room within an assisted living facility intended to be occupied by individuals requiring continuous health care services.
(35) “Conference retreat facility” means a facility with lodging, dining, and other supporting services that are used for educational or religious conclaves, seminars, or similar activities by educational, religious, fraternal, social, service, or other similar groups, but not as accommodations for the general public.
(36) “Confront” or “confronting” when used in reference to real property means a lot or parcel that would adjoin another lot or parcel but for an intervening public or private road or right-of-way.
(37) “Contiguous lots” means two or more lots that share a boundary line.
(38) “Contributing drainage area” means an area shown on the Bog Protection Area Guidance Map that drains to the bog and contributing streams.
(39) “Contributing streams” means areas shown on the Bog Protection Area Guidance Map as watercourses or streams that drain into the bog.
(40) “Cosmetic facial hair salon” means a business that uses cosmetic equipment, including microblades, to remove or temporarily enhance facial hair but does not include use of tattoo equipment or permanent cosmetic procedures.
(41) “Cottage food business” means a business that produces and packages cottage food products onsite in a residential kitchen, sells the cottage food products in accordance with § 21-330.1 of the Health-General Article of the State Code and COMAR, and has annual revenues from the sale of cottage food products of $25,000 or less. For purposes of this definition, “cottage food product” has the meaning stated in § 21-301 of the Health-General Article of the State Code.
(42) “Critical area” means all lands and waters defined in Natural Resources Article, § 8-1807, of the State Code.
(43) “Dance hall” means a facility that is open to the public or to a limited membership that does not have an alcoholic beverage license and that provides entertainment, such as music, a floor show, a stage show, or dancing.
(44) “Data storage center” means a facility use primarily for the storage, management, processing, and transmission of digital data, which houses computer or network equipment, systems, servers, appliances and other associated components related to digital data storage and operations.
(45) “Density” means the number of dwelling units for each acre of gross area, except that accessory dwelling units and farm tenant houses may not be included when calculating density, unless they are located within the resource conservation area of the critical area.
(46) “Distillery” means a facility that has been issued a Class 1 distillery license under Title 2, Subtitle 2 of the Alcoholic Beverages and Cannabis Article of State Code or a facility that has been issued a Class 2 rectifying license under Title 2, Subtitle 2 of the Alcoholic Beverages and Cannabis Article of State Code that rectifies, blends, or bottles more than 100,000 gallons of product per calendar year.
(47) “Distillery, limited” means a facility that has been issued a Class 9 limited distillery license under Title 2, Subtitle 2 of the Alcoholic Beverages and Cannabis Article of State Code or a facility that has been issued a Class 2 rectifying license under Title 2, Subtitle 2 of the Alcoholic Beverages and Cannabis Article of State Code that rectifies, blends, or bottles 100,000 gallons or less of product per calendar year.
(48) “Dwelling unit” means a single unit, including attached garages and decks, providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. The following variations of “dwelling” have the meanings indicated:
(i) “Dwelling, duplex” means a structure containing two dwelling units one on top of the other.
(ii) “Dwelling, multifamily” means a structure that is not a duplex, semi- detached, or townhouse structure and that contains three or more units located back to back, adjacent to each other, or one on top of the other.
(iii) “Dwelling, semi-detached” means a structure that contains two dwelling units side by side with a common wall.
(iv) “Dwelling, single-family detached” means a structure that contains one dwelling unit used as a principal dwelling and entirely separated from any other structure on all sides.
(v) “Dwelling, townhouse” means a structure that contains three or more dwelling units side by side with a common wall.
(vi) “Dwelling unit, accessory” means a smaller dwelling unit located on the same lot as a principal single-family detached dwelling.
(vii) “Dwelling unit, adult independent” means a dwelling unit of any type, without reference to the underlying zoning district, where the unit is occupied by at least one person who is 55 years of age or older and resident minor children are prohibited.
(viii) “Dwelling unit, apartment” means a single dwelling unit in conjunction with another allowed use in the zoning district.
(ix) “Dwelling unit, abutting heavy industrial zone” means a dwelling unit approved pursuant to § 17-3-505 of this Code.
(49) “Eating disorder treatment facility” means a private, inpatient facility treating persons for and with a primary mental health diagnosis of eating disorder at the time of admission that is licensed and accredited as required by §§ 10-501 et seq., of the Health General Article of the State Code and as otherwise required by federal and State law and regulations.
(50) “Eating disorder treatment unit” means a discrete living space within an eating disorder treatment facility occupied by individuals receiving treatment in an eating disorder treatment facility that is licensed and accredited as required by §§ 10-501 et seq., of the Health General Article of the State Code and as otherwise required by federal and State law and regulations.
(51) “Entertainment complex” means a facility for the presentation of the performing arts, including indoor movie theaters, theaters for live performances, and indoor and outdoor concert halls, but excluding adult movie theaters.
(52) “Excavation area” means that part of a clay and borrow pit or a sand and gravel operation in which the extraction and removal of natural materials or deposits takes place.
(53) “Fabrication” means the assemblage or packaging of products or parts, predominantly using previously prepared material.
(54) “Farm” means land use for farming.
(55) “Farm alcohol production facility” means a facility used for “agricultural alcohol production” as defined in § 4-214 of the Land Use Article of the State Code that is located on a farm that qualifies for an agricultural use assessment pursuant to § 8-209 of the Tax-Property Article of the State Code or that is covered by a current and active soil conservation and water quality plan approved by the Anne Arundel Soil Conservation District.
(56) “Farm dual use” means a lot or parcel on which the principal use is farming and that includes one of the following commercial uses: contractor and construction yards; well and septic service; excavation service; farm vehicle and equipment repair; trades, such as plumbers, mechanical/HVAC, electricians, or other trades required to be licensed by Article 15 of this Code; and outside storage of equipment associated with these commercial uses.
(57) “Farm or agricultural heritage site special event” means a gathering of the public or invited groups limited to attendance by invitation or reservation for compensation for events including parties, celebrations, weddings, or receptions on a farm that qualifies for an agricultural use assessment pursuant to § 8-209 of the Tax-Property Article of the State Code or that is covered by a current and active soil conservation and water quality plan approved by the Anne Arundel Soil Conservation District, or an agricultural heritage site.
(58) “Farm or agricultural heritage site stay” means a hosted accommodation for overnight guests who pay to stay on a farm that qualifies for an agricultural use assessment pursuant to § 8-209 of the Tax-Property Article of the State Code or that is covered by a current and active soil conservation and water quality plan approved by the Anne Arundel Soil Conservation District, or on an agricultural heritage site. “Farm or agricultural heritage site stay” does not include a bed and breakfast inn, bed or breakfast home, or short-term residential rental.
(59) “Farming” means the use of land or structures for agricultural purposes, including agriculture, urban agriculture, apiaries, horticulture and floriculture, greenhouses, orchards, agricultural nurseries, viticulture, aquaculture, hydroponics, agroforestry, animal and poultry husbandry subject to the requirements of § 18-4-104, dairying, on-farm composting as regulated by COMAR 26.04.11.06, and primary and value added agricultural processing. For purposes of this definition:
(i) “agriculture” means the business, science and art of cultivating and managing soil for the production, growing, or harvesting of crops, agricultural or horticultural products, and may also include selling crops, agricultural, or horticultural products grown or produced onsite or aggregated from multiple sites;
(ii) “agroforestry” means the integration of trees and shrubs into farming systems and includes forestry (including silviculture), tree farming, and forest farming;
(iii) “animal and poultry husbandry” means the breeding, feeding, raising, and general care or use of animals, including equine animals, swine, cattle, goats, chickens, and similar farm or livestock animals;
(iv) “aquaculture” means the 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, including hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals;
(v) “primary agricultural and value added processing” means the processing of one or more agricultural ingredients or products in the course of preparing it for market or on-site consumption, so long as at least one of the ingredients or products are grown or produced on the farm, including cutting, drying, packaging, canning, milling, grinding, freezing, heating, and fermenting;
(vi) “farmers’ market” means a facility located on a farm that offers for public sale locally produced agricultural, horticultural, dairy, meat products, or similar products produced on that farm or aggregated from other farms;
(vii) “farm stand” means a wagon, trailer, vehicle, or temporary structure located on a farm that offers for public sale agricultural, horticultural, dairy, meat products, or similar products produced on that farm or aggregated from other farms;
(viii) “farm store” means a permanent structure located on a farm that offers for public sale agricultural, horticultural, dairy, meat products, or similar products produced on that farm or aggregated from other farms; and
(ix) “farming” does not include the cultivation, processing or dispensing of cannabis, as defined in § 1-101 of the Alcoholic Beverages and Cannabis Article of the State Code.
(60) “Floor area” means the sum of the gross horizontal area of all floors of a structure other than those areas used for or related to the parking of vehicles, and it is measured from the exterior faces of the exterior walls or from the center line of party walls.
(61) “Floor area ratio” means the floor area of a structure divided by the gross area of the lot on which the structure is located.
(62) “Gaming position” means a seat at a video lottery terminal.
(63) “Garden center” means a facility that sells plants, bushes or trees, grown onsite or offsite, as well as other items customarily used for plants and gardens including seeds, mulch, fertilizer, soil, gardening tools, and pots, but does not include a hardware store, a home center, or a building supply store.
(64) “Gross area” means the total area of a lot.
(65) “Group home I” means a residential facility authorized by federal, State or local law or regulation, or licensed or supervised by a federal, State, or local agency that houses no more than eight persons, other than staff, with intellectual, development, or physical disabilities, or mental health issues.
(66) “Group home II” means a residential facility authorized by federal, State or local law or regulations, or licensed or supervised by a federal, State, or local agency that houses between 9 and 16 persons, other than staff, with intellectual, development, or physical disabilities or mental health issues.
(67) “Health club or spa” means a facility in which memberships in a program of physical exercise are offered, including the right to use saunas, whirlpools, weightlifting rooms, massages, steam rooms, or exercising machines.
(68) “Height” when used in reference to a structure means the vertical distance from the average height of the highest roof surface for a structure with a roof or from the highest point of a structure without a roof to the grade plane. For purposes of this definition, “grade plane” means the average of the finished ground levels between the structure and a point six feet from the structure or, if the lot line is closer than six feet from the structure, the lot line.
(69) “Heliport” means a facility for the takeoff, landing, fueling, and housing of helicopters, the discharging and receiving of passengers and cargo from or to a helicopter, and the provision of shelter and conveniences for helicopter passengers.
(70) “Homeowner’s association” means a nonprofit community association, condominium association, improvement association, or similar association that owns, leases, or has easement rights on property within a recorded subdivision.
(71) “Hospice facility” has the meaning stated in the Health-General Article, § 19-901, of the State Code and includes a facility that provides full inpatient care.
(72) “Institutional uses” means those uses that serve a recreational, social, medical, educational, or religious purpose, such as schools, nursing homes, assisted living facilities, hospitals, libraries, museums, and nonprofit charitable or philanthropic organizations.
(73) “Junk” means any kind of salvage or waste material that is not handled as recyclables or solid waste by an automobile and truck dismantling and recycling facility, recyclables recovery facility, rubble landfill, rubble processing facility, or solid waste transfer station, including old, scrap, dismantled,
inoperable, or dilapidated motor vehicles or motor vehicle parts, machinery, household furniture and appliances, construction equipment and materials, tanks and drums, tires, pipes, wood, paper, metals, rags, and glass.
(74) “Junkyard” means any land or structure used for the storage, keeping, collection, salvage, sale, disassembling, wrecking, baling, maintenance, or abandonment of junk, but the term does not include an automobile and truck dismantling and recycling processing facility, recyclables recovery facility, rubble landfill, rubble processing facility, or solid waste transfer station.
(75) “Kennel, commercial” means a facility for the housing of dogs, cats, or other domesticated animals for the purpose of commercial breeding, sale, boarding, training, or grooming.
(76) “Land-clearing debris” means solid waste that is acceptable for disposal in a land- clearing debris landfill under State law and regulation.
(77) “Land-clearing debris landfill” means a sanitary landfill permitted under State law and regulation as a land-clearing debris landfill.
(78) “Landscaping and tree contracting” means a business engaged in providing the services of planting, seeding, sodding, removing, cutting, trimming, pruning, mulching, aerating, applying chemicals, watering, fertilizing, or similar services to establish, promote, or control growth of trees, shrubs, flowers, grass, ground cover, and other flora, or otherwise maintaining a lawn or landscape for ornamentation or other nonagricultural purpose.
(79) “Limited activity area” means the 200-foot area shown on the Bog Protection Area Guidance Map that is measured as the 300-foot area surrounding the outer edge of the bog but excluding the 100-foot upland buffer.
(80) “Lot line, front” means the boundary of a lot that abuts the road right-of-way or, for a waterfront lot, the mean high-water line.
(81) “Marina” means a facility located along the shoreline that has docks, moorings, supplies, and other services for watercraft and watercraft passengers. The following types of marinas have the meanings indicated:
(i) “Marina, commercial” means a marina for servicing, fueling, and storage of watercraft that may include covered or uncovered wet storage slips, dry storage of watercraft, and boat sales.
(ii) “Marina, community” means a marina that provides limited watercraft services in a recorded residential riparian subdivision for residents and their guests and that is located on property leased or owned by a homeowner’s association.
(82) “Mean high-water line” means the average level of high tides at a given location.
(83) “Meteorological tower” means a meteorological tower or structure designed to support the gathering of wind or solar energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers, wind direction vanes, booms to hold equipment, data loggers, wiring, and telemetry devices used to monitor and transmit data for over a period of time for instant or historic data.
(84) “Mobile home” has the meaning stated for “manufactured home” in §§ 11-9-101 of this Code.
(85) “Natural wood waste” means tree and other natural vegetative matter, including tree stumps, brush and limbs, root mats, logs, leaves, grass clippings, and unadulterated wood wastes.
(86) “Natural wood waste recycling facility” means a facility for the recycling of natural wood waste or for the production of compost or mulch, but the term does not include a collection or processing facility that provides recycling services solely for its own employees or for its own recyclable materials generated onsite.
(87) “Net area” means gross area minus the 100-year nontidal floodplain, steep slopes, and tidal and nontidal wetlands.
(88) “Net density” means the number of dwelling units allowed for each acre of net area.
(89) “Night club” or “comedy club” means a facility that is open to the public, has an alcoholic beverage license, and provides entertainment, such as music, a floor show, a stage show, or dancing.
(90) “Nonconforming use” means a use that was allowed when it came into existence but that is no longer allowed under the law in effect in the zoning district in which the use is located.
(91) “Nurseries with landscaping and plant sales” means a facility for the cultivating, harvesting, and sale of plants, bushes, trees, and other nursery items grown onsite, either in the ground or in containers, prior to sale, and includes the sales of products related to landscaping and the cultivation of plants, bushes, trees, and other nursery items.
(92) “Nursing home” has the meaning stated in the Health-General Article, § 19-1401(e), of the State Code.
(93) “Open area” means that portion of a lot that protects natural features and provides for recreational activities and that is required only when an open space lot is not created under § 17-6-111 of this Code.
(94) “Package goods store” means a retail store that keeps for sale and sells beer, wine, and liquor in sealed packages or containers that may not be opened or consumed on the premises where sold.
(95) “Pedestrian circulation system” means the sidewalks and other pedestrian ways that serve as access to and between the uses, structures, parking areas, and other elements of a development.
(96) “Personal fitness studio” means a facility with classrooms or offices offering personal health and wellness counseling or classes, supplemented by use of exercising machines and physical training in an exercise area occupying less than 2,000 square feet of the total square footage of the space.
(97) “Personal fitness studio, water-based” means a personal fitness studio in which all or part of the physical training offered shall involve activities that take place on a body of navigable water. A personal fitness studio under this definition shall be considered an accessory use to the principal maritime use in MA2, MB and MC Maritime Districts.
(98) “Petroleum products” means liquid petroleum gas, fuel oil, and light fractions of crude oil, including kerosene, naphtha, gasoline, and diesel fuel.
(99) “Pier” means a floating or fixed platform, including associated pilings and similar features, that extends over water from the shoreline. The following types of piers have the meanings indicated:
(i) “Pier, commercial” means a pier used for commercial purposes that is not located in a residential zoning district.
(ii) “Pier, community” means a pier for watercraft that is established and operated for the benefit of a recorded residential riparian subdivision.
(iii) “Pier, private” means a pier for watercraft that extends from a privately owned residential lot or community owned property for which a pier construction agreement (PCA) has been executed.
(iv) “Pier, recreational” means a pier used by residents of a recorded residential riparian subdivision and their guests for crabbing, fishing, sunning, swimming, and similar activities, but not for watercraft or boating activities of any kind.
(100) “Plasma center” means a for-profit business licensed under the Health-General Article of State Code that collects human blood plasma and compensates individuals for their blood plasma or other blood product.
(101) “Principal use” means a primary structure or activity for which a lot is employed.
(102) “Private club” means an establishment that provides facilities for members for social or recreational purposes, is not open to the public, is not operated for profit or commercial purposes, and is exempt from taxation under § 501(c) of the Internal Revenue Code.
(103) “Processing site” means that part of a clay and borrow pit or a sand and gravel operation in which washing, screening, blending, and stockpiling take place.
(104) “Produce market” means a facility, not located on a farm, where local produce, meat products, fruits, vegetables, value-added agricultural or horticultural products, and prepared foods and beverages are sold directly to the public primarily for off-site consumption.
(105) “Public activity area” means a plaza, square, village green, pocket park, courtyard, or similar area of a noncommercial nature that serves as a place for the public to gather and that includes amenities such as benches, fountains, gazebos, pavilions, art, and shade trees.
(106) “Public utility essential services” means 69 kv or lesser transmission lines, distribution lines, and accessory equipment and structures that distribute or transmit such services as electricity, communications, power, or fuel.
(107) “Public utility uses” means an electric substation, a fuel transmission pumping station, and a telephone switching station.
(108) “Reclamation” means the rehabilitation of disturbed land for useful purposes and the protection of the natural resources of adjacent areas, including bodies of water.
(109) “Recovery residence” means a facility that provides recovery residence services as defined under § 8-101 of the Health-General Article of the State Code.
(110) “Recreational uses, active” means recreational activities, other than golf courses, that require special facilities, fields, or equipment, such as playgrounds, ice skating rinks, running tracks, and athletic facilities, including playing fields for athletic events, tennis courts, basketball courts, and swimming pools.
(111) “Recreational uses, passive” means recreational activities that require minimal changes to the site and preserve natural features, such as nature areas, picnic areas, walking or hiking areas, fishing areas, hunting areas and bird or wildlife watching areas.
(112) “Recyclables” has the meaning stated for “recyclable materials” in the Environment Article, § 9-1701, of the State Code.
(113) “Recyclables recovery facility” means a facility used for recycling, but the term does not include an automobile and truck dismantling and recycling facility or a natural wood waste recycling facility.
(114) “Recycling” means any process in which materials that would otherwise become solid waste are collected, separated, or processed and returned to the marketplace in the form of raw materials or products.
(115) “Refuse” means ashes, garbage, rubbish, junk, industrial waste, dead animals, and salvable waste and other solid waste materials.
(116) “Regional commercial complex” means a development in existence on September 7, 2004, that was created under Bill No. 62-98 as amended by Bill No. 80-98.
(117) “Restaurant” means an establishment, open to the public, that prepares or serves food and beverages for consumption onsite and may include take-out and delivery services. Restaurants may also provide banquet hall or catering services for ceremonial gatherings honoring guests or special occasions, as long as such services are not provided exclusively.
(118) “Road” means an open way that is dedicated as a public or private right-of-way or easement for the passage of vehicles and persons. The following types of roads are defined from the lowest to the highest classification:
(i) “Local road” means a road designed to provide vehicular access to abutting properties and to discourage through traffic, but the term does not include a parking lot, a drive aisle, or an alley.
(ii) “Collector road” means a road that provides primary access to an arterial road from one or more neighborhoods; allows for traffic circulation within residential, commercial, and industrial areas and for the internal distribution of trips within a neighborhood; and may provide access to local roads, other collector roads, and abutting properties.
(iii) “Minor arterial road” means a road that serves trips of moderate length; interconnects and augments the principal arterial system; provides primary access to or through communities of high density residential, commercial, retail, or industrial land uses and distributes traffic to smaller geographic areas; and partially controls access to abutting commercial, industrial, and residential properties at predetermined locations to discourage direct access to individual properties at other locations.
(iv) “Principal arterial road” means a road that serves the needs of through traffic for moderately long trips and serves major activity centers and major portions of the trips entering or leaving urban areas; is a primary travel route for commercial, commuter, and recreational travel in rural areas; provides secondary linkages between large urban centers, suburban population, and employment centers; and permits direct access to individual properties only under unusual circumstances.
(v) “Freeway” means a road that provides for efficient and uninterrupted travel over long distances; serves interstate and commuter needs; does not allow direct access to abutting properties; and has access only by interchange facilities.
(119) “Rooming house” means all or part of a single-family detached dwelling that is occupied by a resident owner or resident manager and that has rooms without cooking facilities for rent.
(120) “Rubble” means solid waste that is acceptable for disposal in a rubble landfill under State law and regulation.
(121) “Rubble landfill” means a sanitary landfill permitted under State law and regulation as a rubble landfill.
(122) “Rubble processing facility” means a facility used to reduce or alter the volume or characteristics of rubble that is permitted under State law and regulation as a processing facility.
(123) “Sanitary landfill” means a land-clearing debris landfill, municipal landfill, or rubble landfill.
(124) “Scenic or historic rural road” means a road shown on the official map entitled “Scenic and Historic Rural Roads, 2006” adopted by the County Council.
(125) “School bus facility” meas a facility that:
(i) is used in whole or in part for the inside or outside storage, maintenance, service, and associated operations of school buses; and
(ii) provides school bus transportation for the Board of Education of Anne Arundel County.
(126) “School, private academic” means a private institution that offers an academic course of instruction and that is operated by a religious facility or under a certificate of approval by the State Department of Education.
(127) “Self-service storage facility” means an arrangement of enclosed or unenclosed individual secured storage areas for sale, lease, or rent, but the term does not include storage for wholesale or retail activity, a freight or distribution center, or warehousing as part of a commercial or industrial operation.
(128) “Service organization” means an association of persons for the promotion of a common object or goal other than the operation of a profit-making business.
(129) “Setback” means a minimum distance between a lot line and a structure.
(130) “Shoreline” means the mean high-water line.
(131) “Sign” means any writing, letter, or numeric work, pictorial presentation, illustration or decoration, emblem, device, symbol, trademark, flag, banner, pennant, or any other device, figure, or character utilized to advertise, announce, identify, or make known or attract attention. The following types of signs have the meanings indicated:
(i) “Directional sign” means a sign that directs traffic to a use or area.
(ii) “Freestanding sign” means a sign that is permanently affixed to the ground and supported by one or more columns, uprights, or braces.
(iii) “Identification sign” means a sign attached to the facade of a structure that relates to a use located at the same location as the sign.
(iv) “Temporary sign” means a sign that is portable and easily removable, displays messages of a transitory or temporary nature, such as stake signs and wind signs, and is not a freestanding sign or a sign permanently affixed to a structure.
(132) “Slip” means a water area used for the wet storage or temporary docking of a watercraft.
(133) “Small cell system” means any short range equipment installed for the purpose of supplementing or extending wireless communications coverage in a localized area. “Small cell system” includes:
(i) any pole, strand, or other structure used to support a system or to which a system is attached;
(ii) any radio transceiver, antenna, coaxial or fiber-optic cable, regular or back- up power supply, and comparable equipment, regardless of technological configuration; and
(iii) any ancillary or accessory structure or equipment to house any part of the system.
(134) “Small wind energy system” means a wind energy conversion system which may consist of a wind turbine, a tower and base, and associated control or conversion electronics for the purpose of generating energy for use on site and not for sale.
(135) “Solar energy generating facility – accessory” means a renewable energy generating facility that uses energy from the sun to produce electricity for on-site use as accessory to a principal use; for which excess electricity generated and not immediately utilized for on-site use or temporarily stored for future on-site use may be provided to a utility company in exchange for a credit or other compensation methodology as prescribed by the utility company, provided the property has existing electrical service supplied by the utility. If the facility is ground-based, the development of the facility shall be subject to Article 17 of this Code and the square footage of the solar panels for the system may not exceed the total square footage of the roofs of all existing structures on the site.
(136) “Solar energy generating facility – community” means a renewable energy generating facility that uses energy from the sun to produce electricity and that satisfies the requirements of a “community solar energy generating system” set forth in § 7-306.2 of the Public Utilities Article of the State Code.
(137) “Solar energy generating facility – utility scale” means an industrial scale, renewable energy generating facility as a principal use that uses energy from the sun to produce electricity for sale to a regional wholesale electricity market through transmission lines and not to end-users.
(138) “Solar panel” means that part of a solar energy system containing one or more receptive cells or modules, the purpose of which is to capture solar energy.
(139) “Solid waste” means solid waste regulated by COMAR, Title 26.
(140) “Solid waste transfer station” means a facility where nonhazardous solid waste is taken from a collection vehicle, temporarily stored or stockpiled, and ultimately placed in a transportation unit for movement to another facility that is permitted under State law and regulation as a transfer station.
(141) “Stables or riding club” means a commercial or community facility used for the purpose of boarding, selling, riding, or training equines; teaching equestrian skills; or day camps related to those activities.
(142) “State-licensed medical clinic” means an outpatient medical clinic licensed by the State of Maryland as a detoxification facility or a substance abuse treatment program under Title 8, Subtitle 4 of the Health-General Article including programs exempt from licensing requirements under § 7.5-401(b)(1) of the Health-General Article of the State Code. The term does not include a medical clinic located on property owned or leased by the County or the State, or an Early Intervention Level 0.5 program as described in COMAR 10.47.02.03.
(143) “Storage, dry” means the keeping of watercraft on land on a trailer, cradle, rack, or other device.
(144) “Storage, dry covered” means the keeping of watercraft in a covered enclosed structure on land.
(145) “Storage, multilevel watercraft rack structure” means a structure or rack system that is in excess of 10 feet in height and is constructed or used for storing watercraft and appurtenances.
(146) “Storage, wet” means the storage of watercraft by docking, mooring, or berthing a watercraft to a pier, wharf, dock, piling, buoy, or similar facility.
(147) “Structure” means anything constructed the use of which requires permanent location on the ground or attachment to something permanently located on the ground.
(148) “Structure, principal” means a structure that serves a principal use of the lot on which it is located.
(149) “Tavern” means an establishment that has been issued a Class D beer, wine, and liquor license by the Board of License Commissioners.
(150) “Telecommunication” means the process that permits the passage of information from a sender to one or more receivers in a useable form by means of any electromagnetic system.
(151) “Transitional housing facility” means any use that regularly provides temporary shelter, with or without food, to individuals without permanent housing but does not include temporary shelter in periods of extreme heat or cold or during a state of disaster or emergency.
(152) “Transportation shelter” means a structure that protects users from the weather while awaiting transportation and that is an inherent part of the overall transportation system of the County, including bus, light rail, and rapid transit service.
(153) “Twenty-year registered use” means a use not allowed as a permitted, conditional or special exception use under the law in effect for the zone in which the use is located when the use commenced, and for which no enforcement action has been initiated within 20 years of the date the use commenced.
(154) “Unmerge” means to restore merged lots to their status as individual lots for the purpose of complying with the requirements of this article applicable to individual lots.
(155) “Use” means a purpose for which a lot is employed.
(156) “Vehicular circulation system” means the streets and roads, driveways, and other vehicular ways that serve as access to and between the uses, buildings, parking areas, and other elements of the development.
(157) “Video lottery facility” has the meaning set forth in the State Government Article, § 9-1A-01, of the State Code.
(158) “Video lottery terminal” has the meaning set forth in the State Government Article, § 9-1A-01, of the State Code.
(159) “Warehouse” means all or part of a commercial structure for the storage of goods, wares, or merchandise and where trucks or similar commercial vehicles may load or unload cargo.
(160) “Water-dependent uses” has the meaning stated in COMAR, Title 27.
(161) “Waterfront lot” means a lot that (i) abuts the mean high-water line or (ii) abuts platted land owned by a homeowner’s association or the County that abuts the mean high-water line and, through agreements or conveyances, has the right to function as a waterfront lot.
(162) “Waterway” means a navigable body of water shown on waterway maps adopted as part of this article, consisting of the main bodies of the Chesapeake Bay and the Patapsco River, and the main bodies and tributaries of the following tributaries of the Chesapeake Bay or the Patapsco River: Broadwater Creek, Bodkin Creek, Curtis Creek, Magothy River, Parrish Creek, Rhode River, Rock Creek, Rockhold Creek, Severn River, South River, Stoney Creek, West River, and Whitehall Bay.
(163) “Wind turbine” means the parts of the small wind energy system including the blades, generator and tail mounted on a monopole, lattice or guyed structure or mounted on a building.
(164) “Winery” means a facility that has been issued a Class 3 or Class 4 Manufacturer’s License under Alcoholic Beverages and Cannabis Article of State Code.
(165) “Yacht club” means a private, nonprofit club with land and facilities owned or leased, maintained, controlled, and managed by the members that provides limited marina facilities for the use of members and their guests.
(166) “Yard” means the land area between the lot line and the principal structure, with a front and rear yard extending to the side lot line and a side yard extending to the front and rear lot lines.
(167) “Zoning certificate of use” means a certification issued by the Office of Planning and Zoning that authorizes a use in a specific zoning district.
(Bill No. 4-05; Bill No. 78-05; Bill No. 21-06; Bill No. 64-07; Bill No. 69-07; Bill 82-09; Bill No. 13-10; Bill No. 39-10; Bill No. 60-10; Bill No. 13-11; Bill No. 14-11; Bill No. 63-11; Bill No. 71-11; Bill No. 73-11; Bill No. 15-12; Bill No. 93-12; Bill No. 68-13; Bill No. 58-14; Bill No. 7-15; Bill No. 8-15; Bill No. 14-15; Bill No. 23-15; Bill No. 43-15; Bill No. 72-15; Bill No. 96-15; Bill No. 106-15; Bill No. 21-16; Bill No. 24-16; Bill No. 28-16; Bill No. 30-16; Bill No. 58-16; Bill No. 75-16; Bill No. 83-16; Bill No. 96-16; Bill No. 65-17; Bill No. 67-17; Bill No. 3-18; Bill No. 19-18; Bill No. 34-18; Bill No. 74-18; Bill No. 89-18; Bill No. 14-19; Bill No. 62-19; Bill No. 75-19; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 81-20; Bill No. 87-20; Bill No. 90-20; Bill No. 2-21; Bill No. 30-21; Bill No. 66-21; Bill No. 104-21; Bill No. 31-22; Bill No. 57-22; Bill No. 73-22; Bill No. 6-23; Bill No. 53-23; Bill No. 56-23; Bill No. 61-23; Bill No. 62-23)