§ 158.002  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any words not defined herein shall have their generally accepted meaning.
   ACCESSORY DWELLING UNIT.  An additional attached or detached dwelling unit on a lot with a principal dwelling unit.
   ACCESSORY USE.  A use of land or all or part of a building which is customarily incidental and secondary to the principal use of the property and which is located on the same lot with the principal use.
   ADULT ENTERTAINMENT BUSINESS.  An adult store or an adult movie theater.
   ADULT MOVIE THEATER.  A business establishment open to the public, or to members, that maintains display devices for viewing on the premises, files, videos, or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities. This does not include a motion-picture theater which has seating for at least 50 persons per screen.
   ADULT STORE.  A business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed, or otherwise viewable material, or any sexually oriented paraphernalia, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing, or relating to sexual activities. The term does not include a motion-picture theater which has seating for at least 50 persons per screen.
   AGRICULTURAL or AGRICULTURAL PURPOSES.  The raising of farm products for use or sale, including livestock 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, and including stables for boarding and training horses. AGRICULTURAL or AGRICULTURAL PURPOSES does not include the growing, cultivation, processing or dispensing of Marijuana, as defined in the Criminal Law Article, § 5-101, of the Annotated Code of Maryland as amended, or Medical Cannabis, as defined in COMAR, Title 10, Subtitle 62.
   AIR FIELD.  A strip of land designed and altered to accommodate the takeoff and landing of aircraft.
   AIRPORT.  An area or tract of land including one or more airfields designed and intended to be used for and maintained as a facility to accommodate the takeoff and landing of aircraft and for receiving and discharging of passengers and/or cargo and that usually has facilities for the shelter and repair of aircraft.
   AMUSEMENT ARCADE.  Any facility for the use or operation of five or more game machines.
   APARTMENT.  An area within a two-family or multi-family dwelling arranged or designed as one dwelling unit.
   APARTMENT BUILDING.  Any building having or designed to have three or more apartments.
   ARTISAN MANUFACTURING AND PRODUCTION.  The manufacture and production of commercial goods by a manual worker or craftsperson, in a building or indoor tenant space no greater than 3,500 square feet in size, including but not limited to jewelry, metalwork, cabinetry, stained glass, textiles, ceramics, or handmade food products.
   ASSISTED-LIVING FACILITY.  A facility to provide housing and supportive services, supervision, personalized assistance, health-related services, or a combination thereof, that meets the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living in a way that promotes optimum dignity and independence for the individuals.
   ATTACHED ACCESSORY DWELLING.  A portion of a single-family dwelling that shall provide complete, independent living facilities for sleeping, eating, cooking, and sanitation within the main dwelling unit, but which is separate from the main dwelling unit’s cooking area, bathroom(s), and living areas.
   AUTOMOBILE SERVICE CENTER.  Land and buildings in which any or all of the following are conducted:
      (1)   The retail sale and installation of motor vehicle parts, accessories, and lubricants, including but not limited to tires, batteries, mufflers, brakes, radiators, lights, ignition system parts, oil, grease, and coolants for automobiles, pickup trucks and similar passenger-type vehicles; and
      (2)   General automotive repair but excluding body repairs and vehicle painting or spray booths.
   BED AND BREAKFAST.  Any owner-occupied, residential dwelling in which rooms are rented to paying guests on an overnight basis.
   BORROW PIT.  An area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance.
   BREWERY. A facility that has been issued a Class 5 manufacturer’s license under the Alcoholic Beverages Article of the Annotated Code of Maryland.
   BUILDING.  An enclosed structure, anchored to a permanent foundation and having exterior or party walls and a roof designed for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
   BUILDING HEIGHT.  The vertical distance from grade plane to the height of the highest roof surface.
   BUILDING SUPPLIES.  Materials directly associated with building construction, including but not limited to lumber, hardware, hand tools, paint, prefabricated doors, windows, frames, roofing, and roofing supplies, plumbing, and electrical supplies.
   BULK REQUIREMENTS.  The dimensions relating to the size of structures or uses, including lot area, lot width, height, and yard requirements.
   BUSINESS PARK.  A self-contained development area of primarily business uses that is cohesive, with a common development scheme, and approved as a single development plan, which may be comprised of multiple lots under certain circumstances.
   BUTCHER SHOP.  A shop in which meat, poultry, and/or fish are processed and sold to the general public.
   CATERING ESTABLISHMENT/BANQUET FACILITY.  An establishment which is rented by individuals or groups to accommodate functions including but not limited to banquets, weddings, anniversaries, and other similar celebrations, and may also include on-site kitchen facilities. Food prepared on the premises may be delivered to another location for consumption.
   CEMETERY.  A place used for interment of human or animal remains or cremated remains, including a burial park for earth internments, a mausoleum for vault or crypt internments, a columbarium for cinerary internments, or a combination thereof.
   COMMERCIAL CAMPING AREA.  Any tract of land not less than five acres which is designed, maintained, or intended for the purpose of supplying a location or accommodation for two or more tents, recreational vehicles, or other camping vehicles as sleeping quarters for persons engaged in recreational or vacation activities, except where the facilities are maintained for private use of the land owner.
   COMMERCIAL PARKING LOT OR GARAGE.  A lot or portion thereof which is used for the storage of motor vehicles, which is not accessory to any other use on the same or any other lot, and which contains parking space rented to the general public or reserved for individuals by the hour, day, week, month, or year.
   COMMERCIAL SAWMILL.  A permanent operation or facility with an overall footprint greater than two acres in size, which has, as its predominant purpose, the sawing, splitting, shaving, chipping of timber or planing of logs or trees into rough slabs or semi-finished products.  A COMMERCIAL SAWMILL does not conduct manufacturing or refining.  The operation may process timber without regard to point of origination.
   COMMUNICATIONS TOWER.  A structure to support radio, cellular telephone and television transmission antennas; microwave relay towers; monopoles; and similar structures for transmission or reception and retransmission of electronic signals. COMMUNICATIONS TOWER includes accessory equipment buildings that do not have office space. COMMUNICATIONS TOWER does not include amateur radio operator antennas which are accessory to a residential use and television antennas which are accessory to a residential use.
      (1)   A “freestanding tower” stands without support of guy wires or cables.
      (2)   A “guyed tower” depends upon a pattern of supporting cables for its stability.
   COMMUNICATIONS TOWER COMPLEX.
      (1)   Any single parcel of land on which are situated or proposed to be situated two or more communications towers; or
      (2)   More than one tower being used for a common purpose or enterprise and located on contiguous parcels.
   CONCRETE OR ASPHALT RECYCLING.  An area in which concrete or asphalt is collected and processed through grinding or crushing in preparation for reuse as base material.
   CONCURRENT RECLAMATION. Mine reclamation system or procedures, including but not limited to, backfilling, grading, topsoil replacement, stabilization and revegetation of excavated material that proceeds concurrently with the progress of the mineral resource recovery operation.
   CONDITIONAL USES.  Uses which are specified for BZA approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with § 158.133(B) and (G). The term CONDITIONAL USE shall constitute the same meaning as “special exception” specified as one of the general powers of the BZA in accordance with Md. Code, Land Use Article.
   CONFERENCE CENTER.  A facility for conducting meetings, discussions, and seminars.  A CONFERENCE CENTER may include meeting rooms, auditoriums, cafeterias, dining rooms, and supporting services designed to accommodate planned meetings, and may be accessory to a hotel or motel.
   CONTIGUOUS.  The sharing of a common property line other than a corner, except where otherwise provided in this chapter.
   CONTINUING CARE RETIREMENT COMMUNITY (CCRC).  A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted-living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of the residents; it may include ancillary facilities for the further employment, service, or care of the residents. The facility is restricted to persons 55 years of age or older or couples where either occupant is 55 years of age or older.
   CONTRACTOR.  A person or entity engaged in the following or similar: carpentry, cleaning, construction, electrical, excavation, exterminating, heating/air conditioning, home improvement, landscaping, masonry, painting, paving, plumbing, roofing, septic system, snow removal, and well drilling.
   CONTRACTOR’S EQUIPMENT STORAGE.  The use of any space, whether inside or outside a building, for the storage or keeping of contractor's equipment or machinery, including building materials storage, construction equipment storage, or landscaping equipment, and associated materials.
   CONVEYOR SYSTEM.  Mechanical handling equipment that moves materials from one location to another which may cross over one or more property lines utilizing a covered and enclosed conveyor, which may run on the ground, underground, or above the ground depending on terrain or other site conditions. CONVEYOR SYSTEM does not include mechanical handling equipment utilized on-site that is accessory to any industrial, commercial, or extractive use.
   COTTAGE INDUSTRY.  Manufacturing or assembly conducted by a member or members of the family residing on the property with no more than two nonresident employees. The use is not a COTTAGE INDUSTRY if it generates traffic, parking, sewerage, or water use to a greater extent than would normally result from residential occupancy; includes inventory or merchandise kept for sale on the premises; changes the external appearance of the dwelling and is visible from the street; includes any outside storage or display, other than a sign not exceeding one foot by two  feet; and creates a hazard to any person or property; results in electrical interference; or becomes a nuisance.
   COUNTRY CLUB.  A private club which offers recreational facilities, such as swimming, golf, or tennis, to its members and guests and may provide dining facilities or host catered events.
   COUNTRY INN.  Any dwelling in which rooms are rented to paying guests on an overnight basis with meals served daily. A COUNTRY INN may also provide catering and facilities for banquets, weddings, receptions, reunions, and similar one-time events which are not open to the public generally.
   CREMATORIA.  Locations within enclosed buildings containing properly installed, certified apparatus for use in the act of cremation of deceased persons.
   CURTILAGE.  Buildings and areas in close proximity to a dwelling which are habitually used for residential purposes.
   CUSTOM.  A service or retail establishment which has no more than five full-time equivalent employees, providing special orders to the specifications of an individual purchaser with artisan fabrication quality.
   DAY CARE CENTER.  A facility licensed for the care of more than eight children or adults away from their own homes, on a daily rather than an overnight basis.
   DETACHED ACCESSORY DWELLING.  A dwelling unit (excluding mobile homes) on the same lot as the primary dwelling unit, but physically separated from the primary dwelling unit. A DETACHED ACCESSORY DWELLING unit shall provide complete, independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking, and sanitation.
   DEVELOPMENT RIGHT.  The potential for the creation of residential subdivision lots existing because of the zoning classification of the parcel.
   DIMENSIONAL REGULATIONS. Any of the requirements specified in this chapter or any other chapter of Title XV, Land Use, having to do with setbacks, bulk requirements, separation distances, or similar requirements.
   DISASTER.  A sudden calamitous event bringing great damage or destruction such as fire, windstorm, flood, explosion, act of public enemy or accident, which event results in a home being declared unsafe for occupancy by the Code Official, as “Code Official” is defined in the Carroll County Construction Codes, or an unforeseen condition which renders a home unfit for human habitation for medically documented reasons due to the presence of contaminants which endanger the health of humans.
   DISPLAY DEVICE.  An electronically or mechanically controlled still or motion-picture machine, film projector, videotape player, or other image-producing device that may be activated directly or indirectly by viewers or at the request of viewers, for which a fee is charged.
   DISTILLERY.  A facility that has been issued a Class 1 manufacturer’s license under the Alcoholic Beverages Article of the Annotated Code of Maryland.
   DWELLING.  Any building arranged, designed, or used in whole or in part for residential purposes, but not including a tent, cabin, trailer, or mobile home, or a room in a hotel or motel.
      (1)   DWELLING, MULTI-FAMILY.  A detached building or a group of attached buildings, designed for or used exclusively for residential purposes by more than two families or more than two housekeeping units.
      (2)   DWELLING, SINGLE-FAMILY. A detached building designed for or used exclusively for residential purposes by residents as a single dwelling unit.
      (3)   DWELLING, TWO-FAMILY.  A detached building with one dwelling unit above the other (duplex) or two semidetached dwelling units located on abutting lots or on the same lot, separated by a party wall without openings, in either case for or used exclusively for residential purposes, but not more than a total of two families or two housekeeping units.
   DWELLING UNIT.  A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, eating, and sanitation.
   ELECTRONIC MESSAGE SIGN. A computerized programmable electronic visual communication device capable of storing and displaying messages and images.
   EXCAVATED MATERIAL.  Material extracted or removed as a result of a mineral resource recovery operation, except for that material utilized in processing operations.
   EXTRACTIVE OPERATIONS.
      (1)   The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals;
      (2)   Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location;
      (3)   The extraction of sand, gravel, rock, stone, or earth, for highway construction purposes or other public facilities; or
      (4)   Storage of excavated material shall not be considered an extractive operation for purposes of this chapter.
   FAMILY DAY CARE.  Care provided for not more than eight children, in the provider’s residence, on a daily basis rather than an overnight basis.
   FARM ALCOHOL PRODUCER. A farm that grows and processes, stores, and/or sells agricultural products for the production of wine, beer, brandy, juice, or other similar beverage on an on-site producing vineyard, orchard, hopyard, or similar growing area.
   FLOOR AREA. The total area of all floors within a building, measured from centerlines of joint partitions and/or exteriors of outside walls.
   FUEL STATION.  Any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil, and accessories at retail, and no storage or parking space is offered for rent. Mechanical maintenance or repair is prohibited.
   FUNERAL ESTABLISHMENT.  A building or part thereof wherein a licensed undertaker prepares the deceased for internment.
   GAME MACHINES.  Includes but is not limited to video games, electronic novelty games, electro-mechanical and electronic target games, driving games, pinball machines, and other similar devices and machines.
   GARAGE, RESIDENTIAL.  An accessory building, portion of a main building, or building attached thereto, used for the storage of private motor vehicles.
   GENERAL RETAIL USE.  A commercial facility for the sale of commodities or goods directly to ultimate consumers.
   GENERAL SERVICE USE.  A commercial facility directly administering to the needs of persons, households, or businesses, including but not limited to establishments such as barber shop, beauty parlor, spa, pet grooming, shoe repair, tailoring, mailing and shipping services, laundry and dry-cleaning, watch repair, bank or other financial institution, electronics, appliance or furniture repair, photographic studio, and the rental of products, but excluding the rental of products with primarily outdoor storage and the manufacturing or fabrication of goods for wholesale distribution.
   GOLF COURSE.  An area of land laid out for playing golf with a series of holes, each including a tee, fairway, and putting green, and often one or more natural or artificial hazards.
   GRADE PLANE.  A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane is established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
   HEALTH DEPARTMENT.  The Maryland Department of Health and Mental Hygiene or the Carroll County Health Department as applicable.
   HEAVY MANUFACTURING AND PRODUCTION.  A location used for the processing, manufacturing, or compounding of materials or products primarily from raw materials, which may include the storage of flammable or toxic matter and may include outdoor operations as part of the manufacturing process. The products may be intermediaries for use by other industries, and the manufacturing typically has a significant environmental impact on adjacent properties. HEAVY MANUFACTURING includes but is not limited to brick or clay products, paper, cloth, paints, spice, glucose, wire and perfume. This use may also include the accessory storage and distribution of products or parts. This use does not include other manufacturing uses specifically listed in the Table of Principal Uses.
   HELIPORT.  An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters.
   HOME OCCUPATION.  Any use of a dwelling, conducted solely by a resident, or use of any accessory building which is incidental or subordinate to the main use of the principal building for dwelling purposes, provided that the use:
      (1)   Utilizes space equal to not more than 500 square feet;
      (2)   Does not generate vehicular parking or nonresidential traffic to a greater extent than would normally result from residential occupancy;
      (3)   Does not involve retail sales from the premises;
      (4)   Involves no evidence from the outside of the dwelling to indicate it is being used for anything other than residential purposes, other than a sign not exceeding three square feet; and
      (5)   May involve mail order or internet-based sales, provided no customers come to the dwelling.
   HOSPITAL.  An institution which is licensed by the state and which receives inpatients or outpatients and provides medical, surgical, psychiatric, or obstetrical care. This term includes any health related facilities which are established in connection with a HOSPITAL and are located on the same site as the HOSPITAL. Such health related facilities shall include but not be limited to diagnostic facilities, rehabilitation centers, laboratories, training facilities, outpatient care facilities, facilities for chronic or convalescent care, and elderly housing facilities.
   INDOOR RECREATIONAL FACILITY.  A commercially operated indoor recreation or entertainment facility including but not limited to amusement arcade, bowling alley, billiard parlor, ice or roller skating rink, swimming pool, miniature golf, tennis or racquetball court, health or fitness club or gym, paintball, gymnastics, or game center.  An INDOOR RECREATIONAL FACILITY may include space for teaching of the recreational activity.
   INDUSTRIAL PARK.  A self-contained development area of primarily industrial uses that is cohesive, with a common development scheme, and approved as a single development plan, which may be comprised of multiple lots under certain circumstances.
   INDUSTRIALIZED BUILDING.  A building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off site and transported to the point of use for installation or erection, with or without other specified components, such as a finished building or as part of a finished building comprising two or more INDUSTRIALIZED BUILDING units. An INDUSTRIALIZED BUILDING need not have electrical, plumbing, heating, ventilation, insulation, or other service systems, but when such systems are installed at the off site manufacture or assembly point they shall be deemed a part of such building assembly or system of building assemblies. INDUSTRIALIZED BUILDING does not include open frame construction which can be completely inspected on site.
   JUNKYARD.  Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled, or abandoned, including the salvaging, storage, or wrecking of automobiles and other vehicles, machinery, or parts thereof, house wrecking yards, used lumberyards, and places for storage of salvaged building or structural steel materials and equipment, but not including a scrap pile kept on a farm for the purpose of providing spare parts and repair material.
   KENNEL, COMMERCIAL.  Any premises on which any person engages in the business of boarding (daily or overnight), breeding more than two litters per year, buying, letting for hire, training for a fee, or selling dogs.
   KENNEL, PRIVATE.  In conjunction with a residence, the keeping as personal pets of more than three dogs which have permanent canine teeth.
   LAWN CARE AND MAINTENANCE SERVICE. A person or entity that provides services to residential and/or commercial properties that primarily provides mowing and lawn care services including but not limited to mowing, trimming, maintaining planting beds, shrubbery, trees and plowing of snow, but does not include primarily landscaping, hardscape installation and installation of plants, trees, bushes, retaining walls, patios, and pools.
   LIGHT MANUFACTURING AND PRODUCTION.  A location used for the manufacturing of finished products or parts, usually from previously prepared materials, including processing, fabrication, compounding, assembly, treatment, and packaging of such products or parts.  The products are usually made for end-users, and such uses do not include processing of hazardous gases and chemicals. LIGHT MANUFACTURING includes but is not limited to electrical appliances, communications equipment, scientific instruments, photographic or optical products, apparel, cosmetics, musical instruments, commercial bakeries, and novelties.  This use may also include the accessory storage, sales, and distribution of products or parts.  This use does not include other manufacturing uses specifically listed in the Table of Principal Uses.
   LIMITED DISTILLERY.  A facility that has been issued a Class 9 manufacturer's license under the Alcoholic Beverages Article of the Annotated Code of Maryland.
   LIVABLE FLOOR AREA.  Space within a dwelling unit utilized for living, sleeping, eating, and sanitation. Garages, unfinished basements, storage or utility spaces, and similar areas are not considered as LIVABLE FLOOR AREA.
   LOT.  A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, and meeting the minimum size requirements set forth in this chapter.
      (1)   CORNER LOT.  A lot abutting two or more existing or planned publicly maintained streets at their intersection.
      (2)   LOT FRONTAGE.  The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining LOT FRONTAGE on a lot served by a use-in-common (“UIC”) driveway, the line of the UIC driveway may be considered the front.
      (3)   LOT WIDTH.  The horizontal distance between side lot lines measured at the midpoints of the side lot lines.
   MASSAGE. Any method of treating the external parts of the human body, for compensation, by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm, foot or other body part, provided by a massage technician.
   MASSAGE ESTABLISHMENT. Any establishment where a massage technician administers a massage to another person for compensation. This does not include a hospital, nursing home, medical clinic or other establishment where massages are administered by individuals certified as massage therapists as defined by Md. Code, Health Occupations Article, § 3-5A-01.
   MASSAGE TECHNICIAN. An individual who administers a massage to another individual for compensation. This does not include:
      (1)   A certified massage therapist as defined by Md. Code, Health Occupations Article, § 3-5A-01; or
      (2)   A medical practitioner as defined by this chapter.
   MASTER PLAN.  The policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in text and maps which constitute the guide for the county’s future development.
   MEDICAL CANNABIS.  Any product defined as Medical Cannabis in COMAR 10.62.01 that is grown, processed, transported or sold pursuant to a license issued by the Natalie LaPrade Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of the Annotated Code of Maryland.
   MEDICAL CANNABIS DISPENSARY.  A person or entity licensed by the state as a dispensary as defined in COMAR 10.62.01.13 under a license issued by the Natalie LaPrade Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of the Annotated Code of Maryland.
   MEDICAL CANNABIS GROWER.  A person or entity licensed by the state as a grower as defined in COMAR 10.62.01.14 under a license issued by the Natalie LaPrade Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of the Annotated Code of Maryland.
   MEDICAL CANNABIS PROCESSOR.  A person or entity licensed by the state as a processor as defined in COMAR 10.62.01.16 under a license issued by the Natalie LaPrade Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of the Annotated Code of Maryland.
   MEDICAL CENTER.  A medical or dental clinic building occupied by medical practitioners and dispensing health services.
   MEDICAL PRACTITIONER.  A physician, dentist, optometrist, chiropractor, podiatrist, psychologist, physical therapist, nurse, massage therapist, or other similar health professional licensed and/or certified by the state.
   METEROLOGICAL TOWER (MET TOWER).  Includes the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
   MICRO-BREWERY. A facility that has been issued a Class 7 manufacturer’s license under the Alcoholic Beverages Article of the Annotated Code of Maryland.
   MINERAL RESOURCE.  Any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including (but not limited to) clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell soil, and stone.
   MINERAL RESOURCE NOTIFICATION AREA (MRN).  An area which is within one-half mile of a Mineral Resource Recovery Area or a Viable Resource Area and in which notification of property owners and clustering away from the mineral resource are required.
   MINERAL RESOURCE RECOVERY AREA (MR).  An area which is underlain by a mineral resource and under which mineral resource recovery is a principal permitted use.
   MINERAL RESOURCE RECOVERY OPERATION.  An operation composed of extractive operations, processing operations, and/or storage and removal of excavated material.
   MOBILE HOME.  A structure, transportable in one or more sections, and which is built on a permanent chassis with or without a permanent foundation and which is designed to be used or is used as a dwelling, or is used for the conduct of any business or for storage.
   MOBILE HOME PARK.  Any site, lot, parcel, or tract of land which is designed, used or intended to accommodate three or more mobile homes for living purposes.
   MODULAR HOUSING.  See definition of INDUSTRIALIZED BUILDING.
   NONCONFORMING USE.  Any building, structure, premises, or use lawfully existing at the time of the adoption of this chapter or lawfully existing at such time as this chapter is amended, and which does not conform with the use or dimensional regulations of the zone in which it is located.
   NUDITY.  The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state.
   NURSING HOME.  A residential health-care facility which provides institutional lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm, or convalescent patients who are not related to the owner or administrator of the facility.
   OIL-CONTAMINATED SOIL FACILITY.  A facility that receives oil-contaminated soil for treatment and storage; may include reuse and recycling of soils.
   OPEN SPACE.  Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Yards on individual lots are not OPEN SPACE.
   OUTDOOR RECREATIONAL AREA.  A commercially operated outdoor recreation or entertainment facility including but not limited to miniature golf course, skating rink, ballfield, swimming pool, tennis court, paintball center, golf driving or batting range.  An OUTDOOR RECREATIONAL AREA may include space for teaching of the recreational activity.
      OUTSIDE STORAGE.  The keeping of inventory, goods, merchandise, and packaging materials not within an enclosed building.
   OVERLAY.  Zoning requirements that are described in this chapter’s text, are mapped, and are imposed in addition to those of the underlying district or districts.
   PARTIALLY NUDE or IN A PARTIALLY NUDE CONDITION.  The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
   PAVED SURFACE.  A durable wearing surface of concrete, bituminous concrete, or other surface of suitable material and texture which:
      (1)   Provides a smooth driving surface;
      (2)   Resists weathering; and
      (3)   Transmits traffic load to the underlying ground.
   PETROLEUM PRODUCTS.  Oil, utilized for fuel of any kind, and in any liquid form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other waste, crude oils, and every other nonedible liquid hydrocarbon regardless of specific gravity. Oil includes aviation fuel, gasoline, kerosene, light and heavy fuel oils, diesel motor fuels, asphalt, and crude oils, and liquefied petroleum gases, such as liquefied propane, and any edible oils.
   PLANNED COMMERCIAL CENTER (PCC).  Three or more retail stores, service establishments, medical facilities, or other commercial uses designed as a unit and primarily served by common accessories such as signs, parking lots, and walkways.
   PRINCIPAL USE.  The primary activities or structures for which a site is used. A PRINCIPAL USE may be either a permitted use, a conditional use, or a legally existing nonconforming use.
   PROCESSING OPERATIONS.  The crushing, polishing, washing, screening, stockpiling, and customer truck loading of extracted minerals.
   PRODUCE STAND.  A temporary structure from which to sell fresh fruit, vegetables, and other farm produce in season, which is grown on the premises.
   PUBLICLY OWNED WASTEWATER TREATMENT PLANT.  A facility designed and constructed to receive, treat, and store sewage or sewage combined with other waterborne waste and which is owned by the state, or a political subdivision or municipal corporation of this state or owned by another public entity incorporated for the purpose of treating sewage under Md. Code, Environment Article, §§ 9-601 et seq. or similar statute, if determined similar by the County Commissioners.
   RECREATIONAL VEHICLE.  A vehicular-type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.
   RELIGIOUS ESTABLISHMENTS.  Churches and other places of worship.
   REMAINDER.  The portion of a tract remaining after one or all eligible off conveyances have been created.
   REMAINING PORTION.  In the A District, the land remaining after residential subdivision lots have been created from a legally established parcel of land through the subdivision process.
   RESIDENTIAL USES.  Any single-family, two-family, semi-detached, multi-family, boarding houses, assisted living, retirement communities, continuum care, and nursing homes.
   RESULTING LAND.  The land derived from the reduction of lot sizes when clustering pursuant to Chapter 157, which shall constitute a single lot.
   RETIREMENT HOME.  A development consisting of one or more buildings designed to meet the needs of, and exclusively for, the residences of senior citizens, or age-restricted adult housing as referenced in Chapter 155.
   RETREAT FACILITY.  A site used for professional, educational, or religious conclaves, meetings, conferences, or seminars and which may provide meals, housing, and recreation for participants during the period of the retreat or program only. Such centers may not be utilized by the general public for meals or overnight accommodations. Housing for participants may be in lodges, dormitories, sleeping cabins (with or without baths), or in such other temporary quarters as may be approved by the BZA, but kitchen and dining facilities shall be located in a single centrally located building or buildings.
   RIDING ACADEMY.  An establishment where horses and ponies are boarded and cared for; where instruction in riding, jumping, and showing may be offered; or where the general public, for a fee, may hire horses for riding.
   ROADSIDE STAND.  A structure at which an individual farm sells farm products directly to the consumers on a farm year round.
   ROTOR DIAMETER.  The cross-sectional dimension of the circle swept by the rotating blades.
   RURAL VILLAGE.  An area designated in the Adopted Carroll County Master Plan and certified by the State of Maryland as a rural village pursuant to the Smart Growth Act of 1997.
   SELF-SERVICE STORAGE FACILITY.  A building or group of buildings divided into multiple, separate, self-contained compartments used to meet the temporary storage needs of residents and small businesses, and may include climate controlled facilities and accessory outdoor storage of vehicles.  No commercial transactions are permitted other than the rental of storage units and the ancillary sale of related products.
   SENIOR CITIZEN.  A person at least 55 years of age.
   SETBACK LINE.  The line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which a structure must be erected or placed.
   SEWAGE SLUDGE.  The accumulated semiliquid suspension, settled solids, or dried residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or not these solids have undergone treatment.
   SEWAGE SLUDGE STORAGE.  The interim containment of sewage sludge, treated sewage sludge, or any other product containing these materials after removal from the wastewater and before disposal or utilization. It does not mean the storage of sewage sludge generated on site incidental to the operation and as part of a permitted and duly licensed wastewater treatment plant.
   SEXUAL ACTIVITIES.  Includes nudity or partial nudity, as defined herein, and sexual conduct, sexual excitement or sadomasochistic abuse, as defined in Md. Code, Criminal Law Article, Title 11.
   SIGNS. A name, identification, description, display, logo, illustration, or device which is affixed, stationed, or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.
      (1)   SIGN, ON PREMISES. A sign which directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where the sign is located.
      (2)   SIGN, OUTDOOR ADVERTISING. A sign structure which directs attention to a business, commodity, service, or entertainment not necessarily conducted, sold, or offered upon the premises where such sign is located.
      (3)   ARTICULATING SIGN. A sign that consists of triangular prisms placed within a nonmoving frame and the prisms rotate 120 degrees within the frame at a time and displays a new message.
   SMALL WIND ENERGY SYSTEM.  A single-towered wind energy system that:
      (1)   Is used to generate electricity;
      (2)   Has a rated nameplate capacity of 50 kilowatts or less; and
      (3)   Has a total height of 150 feet or less.
   SOLAR ENERGY CONVERSION FACILITY.  An area arranged and dedicated to the construction, operation and maintenance of a large scale solar collection system principally used to capture solar energy and convert it to electrical energy.  Large scale SOLAR ENERGY CONVERSION FACILITIES consist of free-standing ground based or roof-mounted collection devices, associated panels and arrays and/or aggregations of panels and arrays, supporting equipment, including light reflectors, concentrators, heat exchangers, substations, utility interconnection infrastructure, electric infrastructure, transmission lines, battery banks and related structures and facilities.  In such instances, the use is considered the “principal” use on the subject property and any other use on the site shall be subordinate.  SOLAR ENERGY CONVERSION FACILITIES are designed to supply power at the utility level, rather than on-site or to a local user.  These facilities are intended to generate electricity to be sold, for profit, to an electricity market through a regional transmission organization and an inter-connection with the local utility power grid and/or for direct distribution.
   SOLAR ENERGY CONVERSION FACILITY, ACCESSORY.  A solar collection system consisting of one or more roof- and/or ground-mounted solar collection devices and associated supporting equipment that is primarily intended to reduce on-site consumption of utility power by generating electricity solely for the use and/or benefit of the individual property owner upon whose property the device is situated.  A system is considered an “accessory” facility only if it supplies power strictly for on-site use, except that when a property upon which the facility is situated also receives electrical power supplied by a utility company, incidental excess power generated, and not immediately utilized for on-site use, may be provided to the utility company in exchange for a credit.
   SPECIAL EVENT.  A grand opening, anniversary, holiday sale, or other similar unique occasion of limited duration as determined by the Zoning Administrator.
   STABLE, BOARDING.  A structure in which more than two horses or ponies are housed, boarded, or kept for consideration.
   STABLE, COMMERCIAL.  A boarding stable or a riding academy.
   STABLE, PRIVATE.  An accessory structure designed for the shelter, feeding, and care of no more than five horses, ponies, cattle, sheep, goats, or other ruminants, maintained on the property as pets or for domestic use, as distinguished from agricultural or commercial stables.
   STEEL MILL.  A facility where iron ore is processed into steel.
   STORAGE LOT.  A lot or portion thereof other than an automobile sales lot held out or used for the storage or parking of boats, trailers, recreational, motor vehicles, or commercial vehicles for consideration.
   STORAGE MODULE. A self-contained storage unit which can only be delivered to the site in one piece and which has no chassis.
   STORAGE OF UNLICENSED MOTOR VEHICLES.  Any property occupied by an unlicensed vehicle. For the purpose of this section, a “vehicle” shall mean a vehicle of a type which would be subject to the licensing requirements of the Motor Vehicle Administration if operated on a public road. “License” and “licensing” as used in this definition shall also be interpreted to mean “registration” as defined in the Md. Code, Transportation Article.
   STORY.  The portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it.
   STREET.  Any street existing or which may be approved by the Planning Commission. The word STREET may also include road, highway, boulevard, avenue, lane, way, circle, court, or drive.
   STRIPTEASE BUSINESS.  A commercial establishment where persons appear in a state of total or partial nudity in person. Such establishment shall, for example, include, but not be limited to, a restaurant, nightclub, dance club or social hall if such entertainment is provided as an accessory or principal use. For the purpose of this definition, an establishment which is duly licensed by the Board of License Commissioners for Carroll County (“Liquor Board”) and which features striptease dancing, nudity or partial nudity as an accessory use shall not be considered a striptease establishment, except that it shall satisfy the setback limitation established for a STRIPTEASE BUSINESS.
   STRUCTURE.  Anything constructed, the use of which requires fixed location on the ground or which is attached to something having such location, but not including fences, power, gas, water, sewage, or communication lines or poles, towers, or pole structures, sidewalks, driveways, or curbs. A utility shed is a STRUCTURE whether or not it has a fixed location.
   STRUCTURE, PRINCIPAL.  A structure in which is conducted the main use of the lot on which the structure is situated.
   SUBSTANTIAL PORTION.
      (1)   At least 20% of the stock in the establishment or on display consists of matters or houses devices depicting, describing or relating to sexual activities; or
      (2)   At least 20% of the usable floor area is used for the display or storage of matters or devices depicting, describing or relating to sexual activities.
   TEMPORARY/SEASONAL USES.  Uses which are seasonal and require prior approval of the Zoning Administrator and shall not consist of any permanent structure(s) and shall be limited in duration.
   TEMPORARY SIGN.  Any sign, banner, pennant, or other advertising display constructed of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames, that is or that is intended to be displayed for a limited period of time.
   TEMPORARY USE.  Any use which has been authorized under the provision of this chapter which is limited as to the time in which such use may legally continue.
   TOTAL HEIGHT.  The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.
   TOWNHOUSE.  One of a group of multi-family dwelling units in the same structure, each of which units is separated by a party wall from any adjacent unit and each of which dwelling units has its own entrance directly from the outside.
   USABLE FLOOR AREA.  The area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, stairwells, utilities, bathrooms, or closets shall be excluded from the computation of USABLE FLOOR AREA.
   VARIANCE. A variance is a relaxation of the terms of this chapter, except where specifically prohibited, in accordance with §§ 158.130(A) and (C) and 158.133(B), where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the chapter would result in practical difficulty or unreasonable hardship.
   VEHICLE REPAIR SHOP.  Land or buildings where motor vehicles, trailers, or other types of equipment are repaired, stored, or equipped for operation including automotive repairs, body repairs, vehicle painting or spray booths, but not including wrecking, sale, or storage of junked vehicles.
   VEHICLE SALES LOT.  Any property arranged, designed, or used for storage and display of motor vehicles for sale, including but not limited to automobiles, trucks, trailers, motorcycles, ATVs, boats, and snowmobiles, and where repair work is limited to minor incidental repair of vehicles displayed for sale on the premises.
   VETERINARY FACILITY.  An establishment maintained by a licensed veterinarian for the care, observation, and medical or surgical treatment of animals.  Any boarding of animals may only be during their convalescence and accessory to facility use.
   VIABLE RESOURCE AREA (VRA).  An area identified as being underlain by a potentially recoverable mineral resource.
   WAREHOUSE.  A building or part of a building used or intended to be used primarily for the storage of goods that are to be sold at retail or wholesale from other premises or sold wholesale from the same premises; for the storage of goods to be shipped on mail order or internet sales; for the storage of equipment or materials to be used or installed at other premises by the owner or operator of the warehouse; or for similar storage purposes. The term WAREHOUSE does not include a retail establishment whose primary purpose is for the sale of goods stored on the premises; however, nothing in this definition is meant to exclude purely incidental retail sales in WAREHOUSES. Further, the term includes a distribution facility, at which storage is minor, transitory, and merely incidental to the purpose of facilitating order fulfillment and transportation of goods.
   WHOLESALE.  The sale of commodities or goods, usually in large quantities, to distributors or retail outlets for resale to ultimate consumers.
   WIND ENERGY SYSTEM.  Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire, or other component used in the system.
   WIND ENERGY SYSTEM OWNER.  The individual that owns, or intends to own, the property upon which a small wind energy system will be operated in accordance with this chapter.
   WIND GENERATOR.  Means blades and associated mechanical and electrical conversion components mounted on top of the tower.
   WIND TOWER.  Means the monopole, freestanding, or guyed structure that supports a wind generator.
   YARD.  An open area on the same lot with a principal building(s) which lies between such building(s) and the lot line and is open and unoccupied from the ground up.
      (1)   FRONT YARD.  A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as required herein, except that not more than one rear yard shall be required.
      (2)   REAR YARD.  A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
      (3)   SIDE YARD.  A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
   ZONING CERTIFICATE.  A written statement issued by the Zoning Administrator, authorizing buildings, structures, or uses in accordance with the provisions of this chapter.
(Ord. 2019-06, passed 12-12-2019)