§ 1-19-11.100. DEFINITIONS.

   (A)   The following rules of construction shall apply to the text of this chapter.

      (1)   The particular will control the general.

      (2)   In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text will control.

      (3)   The words "shall" and "will" are always mandatory and not discretionary. The word "may" is permissive.

      (4)   Words used in the present tense include the future; and words used in the singular number include the plural; and the plural includes the singular; words of the masculine gender will include the feminine and the neuter gender will refer to any gender as required, unless the context plainly indicates the contrary.

      (5)   A building or structure includes any part thereof.

      (6)   The phrase "used for" includes "arranged for, designed for, intended for, maintained for, or occupied for."

      (7)   The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

      (8)   Unless it is plainly evident from the context that a different meaning is intended, a regulation which involves 2 or more items, conditions, provisions, or events connected by the conjunction "and, or," or "either . . . or," the use of the conjunction is defined as follows.

         (a)   AND. All the connected items, conditions, provisions, and events apply together and not separately.

         (b)   OR. The connected items, conditions, provisions, or events apply separately or in any combination.

         (c)   EITHER . . . OR. The connected items, conditions, provisions, or events shall apply separately but not in combination.

      (9)   The word "includes" does not limit a term to the specified examples, but is intended to extend the term's meaning to all other instances or circumstances of like kind or character.

      (10)   When a term defined in the county subdivision regulations or the County Building Code occurs in this chapter, it has the meanings specified in the subdivision regulations or building code, unless specifically defined in this chapter.

      (11)   The word "county" means Frederick County, Maryland. The word "state" means the State of Maryland.

      (12)   The terms "Board of Appeals," "County Council," "County Executive," "county governing body." "Director of Community Development Division," "Planning Commission," "County Attorney," "Department of Permits and Inspections," "County Engineer," "County Zoning Administrator," "health officer," and "Sediment Control Inspector" mean the respective council, boards and officers of the county.

      (13)   Throughout this chapter, all words, other than the terms specifically defined herein, have the meaning inferred from their context in this chapter or their ordinarily accepted definitions, as defined in Webster's New Collegiate Dictionary, 1974 Edition.

   (B)   In this chapter the following terms are used as defined unless otherwise apparent from the context.

      ACCESSORY DWELLING UNIT. An independent, self-contained dwelling unit located within a single-family dwelling, or within an accessory structure, or built as a separate accessory structure, and located on the same lot as a single- family dwelling. An accessory dwelling unit greater than 1,000 square feet must be approved in accordance with § 1-19-8.321 of this chapter. An accessory dwelling unit that does not exceed 1,000 square feet must be approved in accordance with § 1-19-8.212 of this chapter. (See also CARETAKER RESIDENCE.)

      ACCESSORY USE OR STRUCTURE. A subordinate use or structure, which is located on the same lot as the principal use or building except as outlined in § 1-19-8.250.1(F) and serves a purpose customarily incidental to the principal use or building. No accessory structures shall be permitted in designated floodplain areas.

      ACRE. A measure of land containing 43,560 square feet.

      ADAPTIVE REUSE PROJECT. Rehabilitation or renovation of existing obsolescent or historic structure(s) from their original or most recent use to a new use.

      AGE-RESTRICTED COMMUNITY. A development or portion thereof which has been designated as an age-restricted community in accordance with § 1-19-10.500.10 of this chapter.

      AGRICULTURAL ACTIVITY. Land used exclusively as a bona fide agricultural operation by the owner or tenant. The use of land for agricultural purposes includes farming, viticulture (grape production), fish culture, animal and poultry husbandry, and equine activities. Necessary accessory uses such as packing, treating, or storing of produce, composting and power generation from farm animal waste are allowed provided that the operation of the accessory use is clearly incidental to the agricultural activity. The business of intensive swine feeding operations, garbage feeding of hogs, fur farms or the raising of animals for use in medical or other tests or experiments, commercial slaughtering of livestock, poultry, fish or meat processing is excluded from this definition.

      AGRICULTURAL ACTIVITY, LIMITED. The keeping of farm animals in residential districts on lots with less than 3 acres. Apiaries are excluded from this definition. (See also § 1-19-8.325 and § 1-19-8.407.)

      AGRICULTURAL PRODUCTS PROCESSING. Processing on the farm of an agricultural product in the course of preparing it for market. (This definition excludes agricultural value added processing and farm winery).

      AGRICULTURAL STRUCTURE. A structure used solely for the production, harvesting, storage, raising or drying of agricultural commodities and livestock; and specifically excludes any structures for human habitation. Includes barns, silos, storage buildings, garages and other structures associated with an agricultural use.

      AGRICULTURAL VALUE ADDED PROCESSING. Treatment that changes the form of a product grown on a farm in order to increase its market value with a minimum of 51% of the processed product being produced on the farm. For purposes of this use, the term "farm" includes contiguous and noncontiguous parcels within the county in active agricultural production which are owned or leased by the processor. AGRICULTURAL VALUE ADDED PROCESSING operations must be located on a parcel of land that is a minimum of 10 acres in size.

      AGRITOURISM ENTERPRISE. Activities conducted on a farm and offered to the public or to invited groups for the purpose of education, recreation, or active involvement in the farm operation. These activities shall be related to agriculture and shall be accessory to the primary agriculture operation on the site. This term shall include farm tours, hayrides, corn mazes, seasonal petting farms, farm museums, guest farm, pumpkin patches, "pick your own" or "cut your own" produce, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above. No use that is otherwise identified in § 1-19-5.310 as permitted with site plan approval or by special exception is permitted as an agritourism enterprise.

      AGRITOURISM ENTERPRISE - FARM-BASED CRAFT BEVERAGE PROMOTIONAL EVENTS. Activities conducted on, and accessory to, the normal and customary agricultural use of the farm, offered to the public or invited groups for the purpose of education, entertainment, and promotion of farm based craft beverage products. Activities may include, but are not limited to, farm based craft beverage festivals and multi-brewery promotional events, conducted in accordance with the conditions contained in the property owner's Maryland Alcohol Manufacturer License, serving products primarily grown or produced on the farm.

      The following restrictions apply to these farm-based craft beverage promotional events:

         (a)   All outdoor amplified music shall end by 9:00 p.m.;

         (b)   Overnight events are prohibited;

         (c)   A one-time Zoning Certificate must be obtained before holding farm-based craft beverage promotional event(s);

         (d)   Complaints from the community, such as noise ordinance violations or other actions resulting in violations of county rules and regulations, may result in the suspension of the Zoning Certificate;

         (e)   Penalties for violations of these restrictions may be imposed in accordance with § 1-1-9 of the County Code; and

         (f)   Compliance with applicable life safety and Health Department rules and regulations is required.

      AIRCRAFT LANDING AND STORAGE AREA, PRIVATE. Landing areas or hangars for storing or maintenance of aircraft, with the principal user being the owner of the property.

      AIRCRAFT LANDING AND STORAGE AREAS, PRIVATE-COMMERCIAL USE. Landing areas or hangars for storing or maintenance of aircraft, for use by the property owner and specific individuals designated by the property owner. The facility shall not allow flight or storage operations by the general public.

      AIRPORT, PUBLIC. Any publicly owned airport licensed by the State of Maryland as a public airport, which meets minimum safety and service standards and is open for use to the general flying public.

      ALTERATION OF A WATERCOURSE. For the purpose of these regulations, alteration of a watercourse includes, but is not limited to widening, deepening or relocating the channel, including excavation or filling of the channel. Alteration of a watercourse does not include construction of a road, bridge, culvert, dam, or in-stream pond unless the channel is proposed to be realigned or relocated as part of such construction.

      AMEND or AMENDMENT. Any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof, or addition thereto.

      ANIMAL HOSPITAL/VETERINARY CLINIC. The use of property by licensed veterinary practitioners for the care and treatment of the diseases and injuries of animals and where animals may be boarded during their convalescence.

      ANIMAL INCINERATOR. A facility for the disposal of animal remains that is operated as an accessory to an animal hospital or veterinary clinic in the Agricultural Zoning District and that complies with the special exception criteria set forth in § 1-19-8.338 of the zoning ordinance or as an accessory to a cemetery/memorial garden in the Agricultural Zoning District and that complies with § 1-19-8.220.

      ANTIQUE SHOP. The use of property for the selling of items such as works of art, furniture, or decorative objects that have value and significance because of factors such as age, rarity, or historical significance.

      APIARY. A collection of 1 or more bee colonies.

      APPROVING BODY. For the purposes of Article VI, Division 7 of this chapter, the approving body:

         (a)   Shall be the Board of Appeals where a communications tower for which an application has been submitted is to be located in a zone where permitted by special exception; or

         (b)   Shall be the Planning Commission where a communications tower for which an application has been submitted is to be located in a zone where permitted by right.

      APPROXIMATE FLOODPLAIN. Those portions of land subject to inundation by the 100-year flood, where no water surface elevations or floodway data have been provided. A 100-year flood elevation shall be established after consideration of any flood elevation and floodway data available from federal, state, or other sources. The approximate floodplain appears on both the flood insurance rate maps and flood boundary and floodway maps and may appear on all panels as Zone A.

      AQUIFER. Any formation of soil, sand, rock, gravel, limestone, sandstone, or other material, or any crevice from which underground water is or may be produced.

      AREA OF SHALLOW FLOODING. A designated Zone AO on the Flood Insurance Rate Map (FIRM) with a 1% annual chance or greater of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident; such flooding is characterized by ponding or sheet flow.

      ARTISAN AND CRAFT SHOP. The use of property for the preparation, display or sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles, and other articles of artistic quality, or effect, or handmade workmanship. Examples include candle making, glass blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated activities.

      ASSISTED LIVING FACILITY. A facility that provides housing and supportive services, supervision, personalized assistance, health related services, or a combination thereof, to meet the needs of residents who are unable to perform or who need assistance with the activities of daily living.

      AUCTION SALES - ANIMALS. A structure or enclosure where farm livestock are sold by auction.

      AUTOMOBILE FILLING AND SERVICE STATION. Any building, structure or area of land that is used for the retail sales of motor vehicle fuels, oils and accessories and where repair service other than paint or body or fender work is incidental, and which may include a convenience store; and no junked autos or other vehicles are parked or otherwise stored on the premises. This does not include truck stops and filling station service facilities.

      AUTOMOBILE REPAIR OR SERVICE SHOP. Any building or lot used for major automobile repair or body work and may have automobile servicing, including the sale of fuels, oils, or parts, as an accessory use.

      AUTOMOBILE SALES AND SERVICE CENTER. A lot, parcel or structure used for the sales and complete servicing of automobiles, including painting, body and fender repairs.

      AUTOMOBILE SALES LOT. A lot designed or used for the storage or display for sale of any motor vehicle or any unoccupied trailer, and not used for repair work or service other than minor incidental repairs to vehicles or trailers displayed or sold on the premises, and not used for the storage of whole or parts of dismantled or wrecked motor vehicles.

      AUTOMOBILE WRECKING YARD. See JUNKYARD.

      BASE FLOOD. The 100-year frequency flood event (having one chance in a hundred of being equaled or exceeded in any year) as indicated in the Flood Insurance Study, as amended, the elevation of which is used for regulatory purposes in this chapter.

      BASE FLOOD ELEVATION. The water surface elevation of the base flood in relation to the datum specified on the county's Flood Insurance Rate Map (FIRM). In areas of shallow flooding, the base flood elevation is the highest adjacent natural grade elevation plus the depth number specified in feet on the Flood Insurance Rate Map, or at least 4 feet if the depth number is not specified.

      BASEMENT. An enclosed area which is below grade on all 4 sides.

      BATTING CAGE/RANGE. A tract of land laid out with an enclosed area containing pitching machines and batting areas wherein softballs and/or baseballs are propelled toward a batter. A batting cage/range may include a snack bar, a pro-shop, and retail sales of batting equipment as accessory uses.

      BED AND BREAKFAST (B&B). An owner- occupied single family detached dwelling, in which primarily sleeping accommodations are provided for compensation to transient guests in not more than four guest rooms. A B&B may include the provision of meals for overnight guests only. A B&B is not a home occupation. (See COUNTRY INN.)

      BEE COLONY. The bee hive, including bees, combs, honey, and related equipment.

      BILLBOARD SIGN. A sign used for any activity, person, group of people or thing not located on the premises upon which the sign is located.

      BIORETENTION. A water quality practice that utilizes landscaping and soils to treat stormwater runoff by collecting it in shallow depressions before filtering though a fabricated planting soil media.

      BOARD. The County Board of Appeals.

      BODYWORK. The practice of using one's hands or another part of the body to apply pressure on an individual's body or bare feet to affect the electromagnetic energy, energetic field, or energy meridians of the human body. The term BODYWORK does not apply to:

         (a)   An individual with a license, registration, or other approval issued by the Maryland State Board of Massage Therapy Examiners to provide massage therapy under § 6-101 of the Health Occupations Article;

         (b)   An athletic trainer who:

            1.   Is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer's professional capacity;

            2.   Is employed by an accredited educational institution, while performing professional duties at that institution; or

            3.   Is employed by a professional sports team, while treating members of that team; or

         (c)   A business in which every person who provides services is a certified massage therapist or registered massage practitioner under state law.

         (d)   A professionally trained reflexologist as identified through the use of a stand-alone, non-profit, psychometrically valid national testing process.

      BODYWORK ESTABLISHMENT. Any business that advertises bodywork services or where any employee, agent, or contractor, who is not a certified massage therapist or registered massage practitioner under state law, performs bodywork on an individual.

      BORROW PIT OPERATION. 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 street/road construction and maintenance.

      BUILDING. A structure other than a tent or travel trailer, which has 1 or more stories and a roof, and is designed primarily for the permanent shelter, support or enclosure of persons, animals or property of any kind.

      BUILDING LINE. The line beyond which the foundation walls or any enclosed porch, vestibule or other enclosed portion of a building or structure does not project. The depth of such line will be no less than depth required for the particular yard for the district in which the lot is located. The handle of a panhandle lot will not be considered in determining the location of the building line.

      BULK PLANT. That portion of a property where flammable or combustible liquids are received from bulk shipping systems, including tank vessel, pipe lines, tank car, or tank vehicle; and are stored or blended in bulk for the purpose of distributing such liquids by bulk shipping systems, including tank vessels, pipe lines, tank car, tank vehicle or container to retail or wholesale customers. This definition does not include automobile filling and service stations or automobile repair and service shops.

      BUSINESS SIGN. A sign used for advertising any commercial activity, person, group of people or thing located on the same premises as the sign.

      CAMPGROUND, RECREATIONAL VEHICLE. Land for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable temporary sleeping quarters for recreation, educational, or vacation purposes.

      CAMPGROUND, TENT. Land intended for occupancy in tents as temporary living quarters for recreation, educational, or vacation purposes.

      CANDELA. Unit of luminous intensity.

CANNABIS. The plant cannabis sativa l. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. CANNABIS includes cannabis products. CANNABIS does not include hemp or hemp products, as defined in the MD. Code Ann., Agricultural Article.

      CANNABIS DISPENSARY. An entity licensed by the state that acquires, possesses, repackages, transports, sells, distributes, or dispenses, cannabis or cannabis products, including tinctures, aerosols, oils, and ointments, related supplies, and educational materials for use by qualifying patients, caregivers, or consumers through a storefront.

      CANNABIS GROWING FACILITY. An entity licensed by the state that cultivates and packages cannabis and is authorized by the state to provide cannabis to other cannabis licensees and registered independent testing laboratories.

      CANNABIS MICRO LICENSE. A license issued by the state in accordance with § 36-401(c)(2) of the Alcoholic Beverages Article of the Maryland Annotated Code, Medical and Adult Use Cannabis Title. A micro license authorizes the holder of the license:

         (a)   For growers, to operate not more than 10,000 square feet of indoor canopy or its equivalent;

         (b)   For processors, to process not more than 1,000 pounds of cannabis per year; and

         (c)   For dispensaries, to operate a delivery service that sells cannabis or cannabis products without a physical storefront, provided that the licensee employs not more than 10 employees.

      CANNABIS ON-SITE CONSUMPTION ESTABLISHMENT. An entity licensed by the state to distribute cannabis or cannabis products for on-site consumption other than consumption by smoking indoors.

      CANNABIS PROCESSING FACILITY. An entity licensed by the state that transforms cannabis into another product or an extract and packages and labels the cannabis product and is authorized by the state to provide cannabis to licensed dispensaries and registered independent testing laboratories.

      CARETAKER RESIDENCE in conjunction with a permitted use. An owner or caretaker occupied independent self-contained dwelling unit on the same lot, or within the same building, accessory to a permitted use, i.e., owner or caretaker.

      CARNIVAL or CIRCUS. The temporary use of property for animal displays, rides, entertainment, traveling shows, exhibitions, or games of skill or chance.

      CATASTROPHIC EVENT. A fire, explosion, flood, hurricane, tornado, or other disaster not caused by the property owner or his or her agent.

      CEMETERY/MEMORIAL GARDENS. Land used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interment or a combination thereof.

      CERTIFICATE OF OCCUPANCY OR USE. A permit to legally occupy or use a building for the intended purpose.

      CHILD CARE CENTER/NURSERY SCHOOL. The use of property which is licensed by the State of Maryland, as a child care center or nursery school pursuant to COMAR 13A.09.09.10B, as amended.

      CHIP AND PUTT GOLF COURSE. A tract of land laid out for a par 3 golf course, improved with tees, greens, fairways and hazards. A chip and putt golf course may include a snack bar, a pro-shop, and retail sales of golf equipment as accessory uses.

      CIVIC COMMUNITY CENTER. The use of property for a building which serves a public function, to be used for cultural, recreational or social activities, including senior centers, and similar community or government facilities.

      CIVIC SERVICE CLUB. Buildings and facilities used for a social or recreational function, to which membership is required for participation, not primarily operated for profit or to render a service that is customarily carried on as a business. This use includes 4-H, American Legion, Eagles, Elks, Lions, Ruritan, VFW, and similar clubs.

      CO-HOUSING. A resident planned and managed development consisting of no more than 35 housing units arranged in a coherent plan and including extensive common buildings whose floor space comprises at least 10% of the total individual unit floor space area.

      COLLEGE or UNIVERSITY. An institution for post secondary education, public or private, offering courses in general, technical, or religious education.

      COMBUSTIBLE LIQUIDS. Any liquid, as defined by NFPA 30, that has a closed-cup flash point at or above 100 degrees F (37.8 C) including but not limited to: kerosene, motor oil, diesel fuel and fuel oil.

      COMMERCIAL SCHOOL OR EDUCATION PROGRAM. Education or training in business, technical, trade, commerce, language, or other similar specialty schools or satellite university or college located in an office-type setting.

      COMMERCIAL SWIMMING POOL. A swimming pool or wading pool, and buildings necessary or incidental thereto, which are open to the general public and operated for profit.

      COMMUNICATIONS ANTENNA. Any structure or device used to collect or radiate electromagnetic waves, including directional antennae, microwave dishes and satellite dishes, and omnidirectional antennae.

      COMMUNICATIONS TOWER. A structure erected to support communications antennae.

      COMMUNICATIONS TOWER HEIGHT. Shall be measured from the base on which the tower is mounted to the top of the tower or the antenna, whichever is greater.

      COMMUNITY FIRE AND RESCUE SERVICE. The use of property or buildings which serve a neighborhood public function for non- governmental fire or rescue services and associated activities. Government owned fire and rescue services are included in the category of public buildings and properties.

      COMPOSTING. The process in which organic solid waste is biologically decomposed under controlled conditions to yield a nuisance-free, humus-like product.

      COMPREHENSIVE DEVELOPMENT PLAN. A composite of mapped and written text, the purpose of which is to guide the systematic physical development of the county, and is adopted by the county and includes all changes and additions thereto made under the provisions of Md. Ann. Code, Land Use Article. The COMPREHENSIVE DEVELOPMENT PLAN includes a land use plan, a transportation plan, a community facilities plan, a recreation plan and other attendant facility plans.

      COMPREHENSIVE PHYSICAL REHABILITATION FACILITY. Any facility licensed as a special rehabilitation hospital to provide comprehensive physical rehabilitation services as defined in the Md. Code Ann., Health General Article (1990). All activities of the COMPREHENSIVE PHYSICAL REHABILITATION FACILITY will be conducted inside of the building envelope and shall not be conducted in public view. A COMPREHENSIVE PHYSICAL REHABILITATION FACILITY shall not be used for the treatment of mental or psychological disorders, alcohol or other drug dependency problems, or for any problems other than the physical, medical rehabilitation of the human body.

      CONDITIONAL LETTER OF MAP REVISION (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A Conditional Letter of Map Revision Based on Fill (CLOMR-F) is a determination that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA, to revise the effective FIRM.

      CONDOMINIUM. An ownership arrangement as defined in the Md. Code Ann., Real Property Article, Title II.

      CONTAINMENT DEVICE. A device that is designed to contain an unauthorized release, retain it for cleanup, and prevent released materials from penetrating into the ground.

      CONTINUING CARE RETIREMENT COMMUNITY. A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons and meeting the standards of the Annotated Code of Maryland for a facility of this type. The facility includes dwelling units for independent living, assisted living, skilled nursing care or a combination thereof. The use may include incidental facilities for the further employment, service, or care of the residents.

      CONTRACTOR. An individual, firm, or corporation undertaking the execution of any manmade change to improved or unimproved real estate, under the terms of a contract or agreement, including the construction, altering or demolishing of buildings or other structures; dredging, filling, grading, paving, excavating, or drilling of land; or installing, repairing or maintaining utilities.

      CONVENIENCE STORE. An establishment which sells packaged and/or prepared foods and beverages and other convenience items for consumption off of the premises by travelers and highway users.

      CORNER LOT. See LOT TYPES.

      COUNTRY INN. The use of a structure that existed on January 24, 1977, in which overnight or otherwise temporary lodging and meals are provided in exchange for compensation, to transient guests in not more than eight guest rooms, along with one or more of the following services: restaurant, banquet facility, catering service, and may include meeting rooms.

      COURT. An open, unoccupied area which admits unobstructed light and air, other than a yard, on the same lot with a group of buildings.

      CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION. A high-voltage electric system facility used to switch generators, equipment, and circuits or lines in and out of a system, change AC voltages from one level to another, or change alternating current to direct current or direct current to alternating current. Critical digital infrastructure electric substations may only be constructed in conjunction with a critical digital infrastructure facility.

      CRITICAL DIGITAL INFRASTRUCTURE ELECTRIC SUBSTATION. A high-voltage electric system facility used to switch generators, equipment, and circuits or lines in and out of a system, change AC voltages from one level to another, or change alternating current to direct current or direct current to alternating current. Critical digital infrastructure electric substations may only be constructed in conjunction with a critical digital infrastructure facility.

      CRITICAL DIGITAL INFRASTRUCTURE FACILITY. A facility consisting of one or more buildings used primarily for the storage, management, processing, and transmission of digital data, and which houses computer or network equipment, systems, servers, appliances, and other associated components related to digital data operations. The facility may also include customary accessory uses such as an office use, air handlers, power generators and storage, water cooling and storage facilities, and associated utility infrastructure needed to support sustained operations of the digital infrastructure.

      DAY CARE CENTER. See NURSERY SCHOOL.

      DESIGNATED HERITAGE AREA. An area certified as, or meeting the definition of a heritage area as defined under the state's Heritage Preservation and Tourism Areas Act of 1996.

      DETACHED DWELLING. A dwelling which contains only dwelling units and is surrounded on all sides by yards or other green areas on the same lot.

      DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, dumping extraction, dredging, grading, paving, storage of materials or equipment, land excavation, land clearing, land improvement, landfill operation, or any combination thereof. This term shall also include the subdivision of land as it applies to existing properties located totally within a designated floodplain.

      DIRECTIONAL OR INFORMATION SIGN. A sign describing the location of a community institution of a public nature, traffic control devices erected by a governmental body, or arrows or other graphic display of direction.

      DISTRICT. A portion of the unincorporated territory of the county within which certain uniform regulations or requirements apply under this chapter.

      DIVISION. The Frederick County Division of Planning and Permitting, and any successor to this Division.

      DOG RUN, OUTSIDE. An enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals.

      DRIVE-IN THEATER. An outdoor theater and includes only those areas, buildings or structures designed and used for the commercial outdoor exhibition of motion pictures.

      DUPLEX DWELLING. Two dwelling units arranged or designed to be located on abutting and separate lots and separated from each other by a continuous vertical party wall, without openings from the lowest floor level to the highest point of the roof which lies along the dividing lot line, and such dwelling is separated from any other structure by yards or other green areas on all sides.

      DWELLING. A building or structure, containing 1 or more dwelling units, and used principally for residential purposes.

      DWELLING UNIT. A room or group of rooms forming a single residential unit that can be used for living, sleeping, cooking, and sanitation.

      DWELLING, ZERO LOT LINE.

         (a)   ZERO LOT LINE. A single-family detached dwelling unit located with 1 side less than 10 feet from 1 lot line and designed to orient interior space to the other 3 yards.

         (b)   ZERO LOT LINE DEVELOPMENT. A development of single-family detached units in which 1 or more units are located adjacent to a lot line, but separated from the nearest structure on another lot. A ZERO LOT LINE DEVELOPMENT shall allow dwelling units to be located on the property line, provided that no part of the building shall protrude over the adjoining lot and provided that 10 foot easements shall be recorded and shown on the record plat to permit access to the adjacent lot for purposes of maintenance to the side of a lot's structure.

      ELEVATION CERTIFICATE. FEMA form on which surveyed elevations and other data pertinent to a property and a building are identified and which must be completed by a licensed professional land surveyor or a licensed professional engineer, as specified by the Floodplain Administrator. When used to document the height above grade of buildings in special flood hazard areas for which base flood elevation data are not available, the Elevation Certificate shall be completed in accordance with the instructions issued by FEMA.

      ENCLOSURE BELOW THE LOWEST FLOOR. An unfinished or flood-resistant enclosure that is located below an elevated building, is surrounded by walls on all sides, and is usable solely for parking of vehicles, building access or storage, in an area other than a basement area.

      ENVIRONMENTAL SITE DESIGN. Using small scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.

      EPA. The United States Environmental Protection Agency.

      EQUINE ACTIVITIES. Equine activities include teaching equestrian skills, participating in equestrian competitions, exhibitions or other displays of equestrian skill, as well as the caring for, breeding, boarding, riding, or training horses. Arenas are permitted in conjunction with an equine activity, shall not be located in the front yard, and shall be setback 100 feet from all property lines. Lighting for outdoor arenas shall not exceed 30 feet in height and is subject to § 1-19-6.500 lighting type and illumination standards.

      ETHANOL. The intoxicating agent in fermented and distilled liquors; used pure or denatured as a solvent or in medicines and colognes and cleaning solutions and rocket fuel; and as a renewable clean- burning additive to gasoline.

      EXPLOSIVES. Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion.

      FACILITY FOR FUNCTIONS. A structure or site listed on the Frederick County Register of Historic Places, which receives a special exception approval to hold events such as seminars, cultural or social events, or other similar activities.

      FAIRGROUND. Multiple buildings and accessory structures used in connection with: temporary indoor or outdoor events including, without limitation: festivals and exhibitions; fairs (with accompanying entertainment and amusements); agricultural, horticultural, and animal shows; animal training, and judging; carnivals; food and beverages; and exhibitor booths and stands, games, rides, rodeos, and other customary accessory uses.

      FAMILY CHILD CARE HOME. The use of property which is licensed by the State of Maryland, as a large or small family child care home pursuant to COMAR 13A, as amended. This use is permitted as a home occupation with minor impact.

      FARM. A parcel of land not less than 25 acres in size on which an agricultural activity, as herein defined, is being actively conducted.

      FARM ALCOHOLIC BEVERAGES TASTING ROOM, LIMITED. A farm brewery, farm distillery or farm winery may have 1 accessory structure for the purpose of tasting and retail sales of alcoholic beverages and spirits that are brewed, distilled, or produced on the farm in accordance with this chapter. The structure within which the tasting room is located shall have no more than 1,500 square feet of customer service area devoted to tasting and retail sales of the farm alcoholic beverages. Calculation of the 1,500 square feet devoted to tasting and retail sales will be based on the floor area devoted to customer service, excluding rest rooms, food preparation area, and storage.

      FARM ANIMALS. Those animals ordinarily found on a farm, including but not limited to: horses, ponies, sheep, goats, bulls, buffalo, cows, steers, rabbits raised for commercial purposes, turkeys, pigs, ducks, geese, chickens and guinea hens.

      FARM BREWERY. An establishment for the manufacture of malt liquors, such as beer and ale, using hops or grains such as barley, wheat, and oats andproduced on the farm on which the farm brewery is located. A farm brewery must have a valid Maryland brewery license, and at least a majority of the hops or one of the primary grains must be produced on the farm.

      FARM BREWERY TASTING ROOM. A farm brewery may have 1 accessory structure for the purpose of sampling alcoholic beverages brewed at the farm. For retail sales of brewing products produced on site the farm brewery must have a valid retail liquor license.

      FARM DISTILLERY. An establishment for the manufacture of distilled spirits produced on the farm on which the farm distillery is located. A farm distillery must have a valid distillery license issued by the state of Maryland, and at least 1 of the grains/fruits used in the distilled product must be produced on the farm.

      FARM DISTILLERY TASTING ROOM. A farm distillery may have 1 accessory structure for the purpose of sampling alcoholic beverages distilled at the farm. For retail sales of distillery products produced on site the farm distillery must have a valid retail liquor license.

      FARM EQUIPMENT SALES OR SERVICE. The use of property for selling, renting, or repairing agricultural machinery, equipment, and supplies for use in soil preparation, planting, care and harvesting of crops, and operations and processes pertaining to farming.

      FARM WINERY. The use of the property for the processing of fruit for the production of wine or juice on a producing vineyard, orchard or similar growing area, or a farm. A farm winery must have a minimum of 10 acres, a valid Maryland wine license and must grow 1 acre of fruit for every 2,000 gallons of wine or juice produced. For purposes of this use, the term "farm" includes contiguous and noncontiguous parcels within the county in active agricultural production which are owned or leased by the processor.

      FARMERS MARKET. A collection of vendors located on a site, with the permission of the property owner, for the sale of agricultural and horticultural products grown by the vendors or for the sale of value-added food products, including baked, canned, or preserved foods, produced by the vendors. A farmers market may include sales of a limited amount of locally produced nonagricultural goods, such as artistic and handcrafted wares. A farmers market may include entertainment. A farmers market shall be held outdoors and may not have fixed structures. This use does not include a roadside stand, commercial, or a roadside stand, limited.

      FARM WINERY TASTING ROOM. A farm winery may have 1 accessory structure for the purpose of wine tasting and retail sales of winery products.

      FEED or GRAIN MILL. The use of property for manufacturing of food or feed for animals, from ingredients such as grains.

      FEMA FLOODPLAIN. The combined area of the 100-year frequency flood (including the floodway and floodway fringe), and approximate floodplain.

      FLAMMABLE LIQUIDS. Any liquid, as defined by NFPA 30, that has a closed-cup flash point below 100 degrees F (37.8 C) including but not limited to: unleaded gas, methanol, and ethanol.

      FLOOD. General and temporary conditions of partial or complete inundation of normally dry land areas from overflow of inland or tidal waters or rapid unusual accumulation of runoff from any source.

      FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material that is capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Note: See NFIP Technical Bulletin #2, "Flood Damage-Resistant Materials Requirements."]

      FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Emergency Management Agency has delineated special flood hazard areas to indicate the magnitude and nature of flood hazards, to designate applicable flood zones, and to delineate floodways, if applicable. FIRMs that have been prepared in digital format or converted to digital format are referred to as Digital FIRMs (DFIRM).

      FLOOD INSURANCE STUDY (FIS). The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway information, and the water surface elevations.

      FLOOD OPENING. A flood opening (non-engineered) is an opening that is used to meet the prescriptive requirement of 1 square inch of net open area for every square foot of enclosed area. An engineered flood opening is an opening that is designed and certified by a licensed professional engineer or licensed architect as meeting certain performance characteristics, including providing automatic entry and exit of floodwaters; this certification requirement may be satisfied by an individual certification for a specific structure or issuance of an Evaluation Report by the ICC Evaluation Service Inc.

      FLOOD PROTECTION ELEVATION (FPE). The elevation of the base flood plus 2 feet freeboard.

      FLOODING SOILS. Those soils with the characteristic of flooding (the temporary inundation of an area caused by overflowing streams, by runoff from adjacent slopes, or by tides) as identified in the Soil Survey of Frederick County, Maryland and the Web Soil Survey, Water Features table, as amended.

      FLOODPLAIN. That land typically adjacent to a body of water with ground surface elevations that are inundated by the base flood.

      FLOODPLAIN VIOLATION. Any construction or development in a special flood hazard area that is being performed without an issued permit. The failure of a building, structure, or other development for which a permit is issued to be fully compliant with these regulations and the conditions of the issued permit. A building, structure, or other development without the required design certifications, the Elevation Certificate, or other evidence of compliance required is presumed to be a violation until such time as the required documentation is provided

      FLOODPROOFING. Any combination of structural or nonstructural changes which reduce or eliminate flood damage to improved property.

      FLOODPROOFING CERTIFICATE. FEMA form that must be completed, signed and sealed by a licensed professional engineer or licensed architect to certify that the design of floodproofing and proposed methods of construction are in accordance with the applicable requirements § 1-19-9.110 of these regulations.

      FLOOD PROTECTION SETBACK. A distance measured perpendicular to the top of bank of a watercourse that delineates an area to be left undisturbed to minimize future flood damage and to recognize the potential for bank erosion. Along nontidal waters of the State, the flood protection setback is:

         (a)   One hundred feet, if the watercourse has special flood hazard areas shown on the FIRM, except where the setback extends beyond the boundary of the flood hazard area; or

         (b)   Fifty feet, if the watercourse does not have special flood hazard areas shown on the FIRM.

      FLOOD ZONE. A designation for areas that are shown on Flood Insurance Rate Maps:

         (a)   Zone A: Special flood hazard areas subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations are not determined.

         (b)   Zone AE and Zone A1-30: Special flood hazard areas subject to inundation by the 1-percent annual chance (100-year) flood; base flood elevations are determined; floodways may or may not be determined.

         (c)   Zone AH and Zone AO: Areas of shallow flooding, with flood depths of 1 to 3 feet (usually areas of ponding or sheet flow on sloping terrain), with or without BFEs or designated flood depths.

         (d)   Zone B and Zone X (shaded): Areas subject to inundation by the 0.2-percent annual chance (500-year) flood; areas subject to the 1-percent annual chance (100-year) flood with average depths of less than 1 foot or with contributing drainage area less than 1 square mile; and areas protected from the base flood by levees.

         (e)   Zone C and Zone X (unshaded): Areas outside of Zones designated A, AE, A1-30, AO, VE, V1-30, B, and X (shaded).

         (f)   Zone VE and Zone V1-30: Special flood hazard areas subject to inundation by the 1% annual chance (100-year) flood and subject to high velocity wave action.

      FLOODWAY. The channel of a watercourse and adjacent land area required to discharge the waters of the 100-year flood without increasing the water surface elevations above existing 100-year flood conditions more than a specified height.

      FLOODWAY FRINGE. Those portions of land subject to inundation by the 100-year flood, lying beyond the floodway (where a floodway has been determined) or in areas where detailed study data, profiles, and 100-year flood elevations have been established. The floodway fringe appears on the flood boundary and floodway map and flood insurance rate maps.

      FLOOR AREA OF BUILDING. The total number of square feet of floor area in a building, excluding cellars. All horizontal measurement shall be made between exterior faces of walls.

      FOOT-CANDLE. Illuminance produced on a surface 1 foot from a uniform point source of 1 candela.

      FORESTRY. The management of forest and timberlands through selective tree cutting in accordance with sound forest management practices including planting, cultivating, harvesting, transporting, and selling timber for commercial purposes. No use that is otherwise identified in § 1-19-5.310 as permitted with site plan approval or by special exception is permitted as forestry.

      FREEBOARD. An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, wave actions, subsidence, or other unpredictable effects.

      FRONT LOT LINE. A lot line which abuts a road; however the handle of a panhandle lot is not used to compute the front lot line and in such case the front lot line is that line determined to be most parallel to a street on which the lot has frontage.

      FRONT YARD. An open space, unoccupied and unobstructed by any building extending the full width of the lot equal in depth to the minimum distance required for such yard for the district in which the lot is located from the front lot line.

      FULLY SHIELDED FIXTURE. A fixture constructed in such a manner that all light emitted by the fixture is projected below the horizontal plane through the fixture.

      GASOLINE. A volatile mixture of flammable liquid hydrocarbons derived chiefly from crude petroleum and used principally as a fuel for internal-combustion engines.

      GOLF COURSE. A tract of land laid out for at least 9 holes for playing golf, improved with tees, greens, fairways and hazards. A golf course may include a clubhouse with restaurant/dining facility, a pro-shop, and retail sales of golf equipment as accessory uses.

      GOLF DRIVING RANGE. A tract of land laid out for a golf driving range improved with tee areas and distance markers. A golf driving range may include a snack bar, a pro-shop, and retail sales of golf equipment as accessory uses.

      GOVERNMENTAL UTILITY. A utility owned by governmental entity.

      GREEN AREA. An area of land associated with and located on the same tract of land as principal building or group of buildings in relation to which it serves to provide light and air or scenic, recreational or similar purposes. GREEN AREAS may include, but not be limited to lawns, decorative plantings, sidewalks, and walkways, active and passive recreational areas, including playgrounds, fountains, swimming pools, wooded areas and watercourses; but shall not include loading areas, parking areas or vehicle surfaces or accessory buildings.

      GROSS ACRE. A commonly referred to measure of gross area. (See GROSS AREA.)

      GROSS AREA. All the area within a subdivision plan or plat, including area intended for residential use, steep slopes, local access streets or alleys, off-street parking spaces, subdivision recreation sites or floodplains.

      GROSS DENSITY. The number of dwelling units per gross acre of a subdivision or land development inclusive of streets, open spaces or nonbuildable areas.

      GROSS LEASABLE AREA. The total floor area designated for tenant occupancy and exclusive use, including basements, mezzanines and upper floors.

      GROUP HOME, SMALL PRIVATE. A residence that houses not more than 8 individuals who require specialized living arrangements and provides health services and supervision to those individuals.

      GROUP HOME, LARGE. A residence that admits at least 9 but not more than 16 individuals who require specialized living arrangements and provides health services and supervision to those individuals.

      GUARDHOUSE. An accessory structure not to exceed 150 square feet in footprint and 15 feet in height located at the entrance to a property, used for the sole purpose of providing monitoring and control of access to that property.

      GUEST FARM. A farm used for temporary rental accommodations of no more than 4 guest rooms, which may include meals for guests only, for the purpose of experiencing farm or ranch activities including horseback riding.

      GUEST HOUSE. An accessory detached structure that is used for occupancy by transient, nonpaying visitors and contains no cooking facilities and covers no more than 400 square feet of total land area.

      HARDWARE/GARDEN CENTER. The use of property for the retail sales of various feed and seed products, and basic hardware lines such as plumbing, heating, and electrical supplies and tools. This use includes the sale of retail and wholesale products and produce related to the planting, maintaining, or harvesting of trees, shrubs, plants, grasses or sod, fertilizers, soils, chemicals, or other nursery goods and related products in small quantity to consumers including retail sales of power equipment and machinery such as mowers, trimmers, and other tools and implements.

      HAZARDOUS SUBSTANCE. Any substance, including oil or its by-products, that:

         (a)   Conveys toxic, lethal, or other injurious effects or which causes sublethal harmful alterations to plant, animal, or aquatic life;

         (b)   May be injurious to human beings;

         (c)   Persists in the environment; and

         (d)   Any matter identified as a "hazardous waste" by the environmental protection agency or a "controlled hazardous substance" by the Maryland Department of the Environment.

      HEIGHT OF BUILDING. The height is measured from the average finished grade ground level along the side of the building nearest the street to either the highest point of a flat roof or to the point one-half the distance between the eaves and the highest point of a pitched roof.

      HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed foundation of a structure.

      HISTORIC STRUCTURE. Any structure that is:

         (a)   Individually listed in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or determined to be eligible by the Maryland Historical Trust as meeting the requirements for individual listing on the National Register of Historic Places;

         (b)   Contributing to the historical significance of a National Register Historic District or a district determined to be eligible by the Maryland Historical Trust to qualify as a National Registered Historic District;

         (c)   Individually listed or a contributing resource within a historic district identified on the Maryland Inventory of Historic Properties; or

         (d)   Individually listed or a contributing resource within a historic district identified on the Frederick County Register Inventory of Historic Places maintained by Frederick County whose Historic Preservation program has been approved by the Maryland Historical Trust and certified by the National Park Service.

      HOBBY SHOP. The use of property for retail sale of hobby or craft supplies, toys, artist supplies, artwork, framing services or collector items, including coins, stamps, autographs, memorabilia, or cards.

      HOME ASSOCIATION. An incorporated, nonprofit organization operating under recorded land agreements which include the provision that each lot or home owner in a planned unit or other described land area is automatically a member, and that each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, including the maintenance of common property, and that unpaid charges are a lien against the property.

      HOME OCCUPATION. Any occupation or business use conducted entirely within a dwelling or an accessory structure, or both, by a resident of the property, and which is clearly an incidental residential use of the building, excluding antique shops in the VC and GC; bed and breakfast; commercial repair or storage of automobiles, watercraft, or other motor vehicles; commercial stables, kennels, and nurseries; mortuary establishments; professional offices; restaurants or tea rooms.

      HORSE TACK AND SADDLERY SHOP. The use of property for retail sale of tack, or equipment for horses such as saddles or harnesses.

      HOSPITAL. Any institution which receives in-patients and provides medical, psychological, surgical, or similar service. This definition includes: general hospitals and special service institutions, including the following specialties: cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin or cancer, mental, tuberculosis, chronic disease or obstetrics, sanitariums or sanatoriums, including those which serve the feeble minded, mental patients, epileptics, alcoholics, senile, psychotics or drug addicts.

      HOTEL. Any building which contains 5 or more guest rooms and where lodging or meals are provided for compensation to 5 or more guests. This definition does not include fraternity or sorority houses, school or college dormitories, tourist home or motel.

      INDIVIDUAL SEWAGE SYSTEM. A single system of sewers, piping, treatment tanks, or other facilities which serve only 1 lot and dispose of sewage or individual waste of a liquid nature, in whole or in part, on or in the soil of the property or into any waters of this state, or by other methods.

      INDIVIDUAL WATER SUPPLY SYSTEM. A single system of piping, pumps, tanks or other facilities utilizing a source of ground or surface water to supply only 1 lot.

      INDOOR SPORTS RECREATION FACILITY. A building primarily operated for the purpose of providing indoor sports and recreation such as a sports-plex for soccer, lacrosse, racquet sports, gymnastics, and soft play fitness areas, but may also include rock climbing, gymnasium, bowling alley, karate studio, laser tag, paint ball, race track, billiard hall, skating rink, roller rink, batting cage, swimming pool, or other similar uses. This use may also include associated outdoor recreation fields.

      INDOOR THEATER. A building designed or used primarily for the commercial exhibition of motion pictures or commercial stage presentation to the general public.

      INDUSTRIAL PARK. A tract of land which is subdivided and developed according to an overall plan for occupancy by a group of industries and is provided with streets and necessary materials, including paper, rags, scrap metal, other scrap or utilities.

      INTENSIVE SWINE FARM. A facility, building, tract of land or operation used for the raising, feeding or care of 250 or more animals of the porcine species.

      INTERMITTENT STREAM. A stream that has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from precipitation is a supplemental source of water for stream flow. These streams are identified through field verification and as approved by the Department. The most recent county hydrography layer may be used as a guide for the preliminary establishment of possible watercourses.

      JUNKYARD. Any land or structure which is used for the abandonment, sale, storage, keeping, collecting or baling of discarded materials, or used for the abandonment, demolition, dismantling, storage, or salvaging or sale of machinery, including 3 or more vehicles which are not in running condition.

      KENNEL. A facility where 9 or more dogs, cats or other domestic animals over three months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed.

      KEROSENE. A flammable hydrocarbon oil usually obtained by distillation of petroleum and used for a fuel and as a solvent and thinner (as in insecticide emulsions).

      LANDFILL, INDUSTRIAL WASTE. Landfill which is designed to accept only nonhazardous industrial solid wastes generated on the site. The criteria for determining if a waste is a hazardous waste shall be in accordance with state and federal guidelines.

      LANDFILL RUBBLE. Landfill which is designed to accept rubble which would include only land clearing debris, demolition debris, and construction debris as permitted under state guidelines. No tires or asbestos waste will be permitted in a rubble landfill.

      LANDFILL, SANITARY. A solid waste acceptance facility operated by a governmental agency or under contract with a governmental agency permitted under state sanitation regulations that is designed, installed and operated so that all types of waste generated by the general public may be accepted except waste specifically prohibited by state regulations unless a permit issued under state regulations allows the specific waste to be accepted.

      LANDSCAPE CONTRACTOR. A business principally engaged in the designing, installing, planting or maintaining of yards, gardens or other grounds offsite to include the following: landscape installation, care and maintenance services; lawn care services (i.e., fertilizing, mowing, seeding, sod laying, spraying); plant, shrub and tree services (i.e., bracing, planting, pruning, removal, spraying, trimming); seasonal property maintenance services (i.e., snow plowing in winter, landscaping during other seasons).

      LETTER OF MAP AMENDMENT (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property or structure is not located in a special flood hazard area.

      LETTER OF MAP CHANGE (LOMC). A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.

      LETTER OF MAP REVISION (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A LETTER OF MAP REVISION BASED ON FILL (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

      LIGHT TRESPASS. Light falling outside of the property boundary on which a light installation is located.

      LIMITED FOOD WASTE COMPOSTING: AGRICULTURAL ACTIVITY. The use of property for the purpose of food waste composting (including associated paper products) where off-site food waste is imported to the site and processed for use in conjunction with an agricultural activity as defined in § 1-19-11.100 of the Zoning Ordinance.

      LIMITED FOOD WASTE COMPOSTING: COMMERCIAL ACTIVITY. The use of property for the purpose of commercial food waste composting (including associated paper products) where off-site food waste is imported to the site, processed, and sold. The composted product may also be used on the property in conjunction with an agricultural activity.

      LIMITED FUNERAL ESTABLISHMENT. A funeral establishment licensed by the Maryland State Board of Morticians and Funeral Directors, meeting the definition of funeral establishment in the Md. Code Ann., Health Occupations Article, Title 7, Maryland Morticians and Funeral Directors Act, and meeting the criteria as provided in § 1-19-8.230.1 of the Frederick County Zoning Ordinance. The limited funeral establishment shall be operated by a licensed mortician as defined by the Md. Code Ann., Health Occupations Article, Title 7, Maryland Morticians and Funeral Directors Act.

      LIMITED LANDSCAPE CONTRACTOR PARKING AND STORAGE. A site used solely for the parking of licensed commercial vehicles and storage of material and operational equipment owned by and used in support of a LANDSCAPE CONTRACTOR business.

      LIMITED WIND ENERGY SYSTEM. A single-towered wind energy system that has a rated nameplate capacity of 50 kilowatts or less; and has a total height of 150 feet or less.

      LINGANORE WATERSHED PROTEC-TION AREA. The area of land shown on the official Linganore Watershed Protection Area Map, which is maintained in the offices of the Frederick County Department of Planning and Development Review.

      LIQUIFIED PETROLEUM GAS (LP-GAS). Any material having a vapor pressure not exceeding that allowed for commercial propane composed predominately of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane (normal butane or isobutane) and butylenes.

      LOT. A contiguous area of land separated from other areas of land by separate description, including a recorded deed, a subdivision plat or record of survey map, or by metes and bounds, for purpose of sale, lease, transfer of ownership or separate use.

      LOT AREA. The total horizontal area of a lot as determined by the closure of the rear, side and front lot lines, but does not include area lying within a street.

      LOT DEPTH. The horizontal distance between the front and rear lot lines of a lot.

      LOT OF RECORD. Any lot legally recorded in the land records of the county as of January 24, 1977; a lot must satisfy all zoning and subdivision regulations in effect at the time the lot was recorded.

      LOT TYPES. The lots with the following definitions.

         (a)   CORNER LOT. A lot located at the intersection of 2 or more streets. A lot abutting on a curved street or streets is considered a corner lot, if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees. Where a lot contains 3 front yards the remaining yard shall be considered a side yard.

         (b)   INTERIOR LOT. A lot with only 1 frontage on a street other than an alley.

         (c)   OUTLOT. A parcel of land within a subdivision which has been included on a preliminary and final plat, but not designated as a buildable lot. Establishment shall only be due to the necessity of providing for access to adjoining properties a continuation of appropriate street patterns, or any other approved governmental use.

         (d)   PANHANDLE LOT. A lot with the appearance of a "frying pan" or "flag and staff" in which the handle is most often used as the point of access to a street or road. The "handle," when less than the minimum width for a building lot in the zoning district in which it is located, is not to be used in computing the minimum required area or delineating the minimum required "building envelope." The handle shall not be less at any point than the required minimum road frontage.

         (e)   THROUGH LOT. A lot (other than a corner lot) with frontage of more than 1 street other than an alley.

      LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement. An unfinished enclosure, constructed of flood-resistant materials used solely for parking of vehicles, storage, or building access in an area other than a basement is not the lowest floor, as long as it is supplied with water equalizing vents.

      MAJOR RECREATIONAL EQUIPMENT. Mobile apparatus specifically designed for recreational activities and including travel trailers, pickup campers, motorized dwellings, tent trailers, boat trailers, houseboats or storage containers used for transporting recreational equipment.

      MAJOR SUBDIVISION. Any parcel which has been or is proposed to be subdivided to create 6 or more lots.

      MANUFACTURED HOME OR BUILDING. A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term MANUFACTURED HOME OR BUILDING also includes park trailers, travel trailers, and other similar vehicles placed on a site for more than 180 consecutive days.

      MANUFACTURED HOME PARK OR SUBDIVISION. A parcel or contiguous parcels of land divided into 2 or more manufactured home lots for rent or sale.

      MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. For the purposes of these regulations, the market value of a building is determined by a licensed real estate appraiser or the most recent, full phased-in assessment value of the building (improvement) determined by the Maryland Department of Assessments and Taxation.

      MASTER HIGHWAY PLAN. The official plan of highways, roads and other ways adopted by the County Planning Commission and the county governing body in accordance with Md. Ann. Code, Land Use Article, and includes all subsequent revisions of the plan.

      MASTER PLAN. See COMPREHENSIVE DEVELOPMENT PLAN.

      MDE. The Maryland Department of the Environment.

      MEDICAL OR DENTAL CLINIC. Any building or group of buildings which is occupied by medical practitioners; related services are permitted for the purpose of providing health services on an out- patient basis.

      MINIATURE GOLF COURSE. A tract of land laid out for at least 9 holes for playing miniature golf, improved with tees, putting surfaces, hazards, and equipment for rental or limited sale. A miniature golf course may include a snack bar, a pro-shop, and retail sales of golf equipment as accessory uses.

      MINIMUM LOT FRONTAGE. The minimum permissible width of a lot line abutting a street.

      MINIMUM LOT WIDTH. The minimum permissible width of a lot as measured horizontally along the front building line.

      MINOR SUBDIVISION. Any parcel which has been subdivided to create 5 or fewer lots.

      MOBILE HOME. A portable dwelling unit which is designed and built to be towed on its own chassis, including frame and wheels and to be connected to utilities. A MOBILE HOME is designed without a permanent foundation for year-round living. A unit may contain parts that can be combined, folded, collapsed, or telescoped while towed and expanded later to provide additional cubic capacity. It must be listed by the state as a mobile home. This does not include modular or sectional homes.

      MOBILE HOME PARK. Any site, lot, or parcel which is used for the purpose of providing accommodations for 2 or more mobile homes as living quarters and includes all structures, vehicles, accessories and appurtenances used or intended as equipment in such a park. This definition does not include mobile homes used as farm tenant houses.

      MODERATELY PRICED DWELLING UNIT PROGRAM (MPDU). A program that creates affordable housing units as a function of the development process for income eligible persons by means of an increase in density in a zoning classification that allows residential development above the density permitted within the district only if MPDUs are actually constructed.

      MOTEL. Any group of rooms combined or separate which are used for the purpose of housing transient guests and each unit of which is provided with its own toilet, washroom and off-street parking facilities.

      MOTOR FREIGHT TERMINAL. A structure or land where truck transported goods are transferred, or stored pending transfer, and which may include truck dispatching, parking and servicing (but no retail sales of motor fuels, oils or accessories) and temporary accommodations for truck drivers.

      MOTORCYCLE HILL CLIMB. The temporary use of the property for a motorcycle hill climbing event.

      MPDU PROJECT. Any residential development of 25 or more units on public water and sewer.

      MULTIPLE-FAMILY DWELLING. A detached building containing 3 or more dwelling units.

      MULTIPLE-FAMILY GROUP DWELLING. A group of 2 or more multiple-family dwellings, which occupy 1 lot and have a yard, court or service area in common.

      MUSEUM/GALLERY. A commercial establishment for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest. A museum or gallery may include the sale of the objects, memorabilia, crafts or artwork.

      NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The program authorized by the U.S. Congress in 42 U.S.C. §§ 4001 - 4129. The NFIP makes flood insurance coverage available in communities that agree to adopt and enforce minimum regulatory requirements for development in areas prone to flooding (see definition of SPECIAL FLOOD HAZARD AREA).

      NATURAL GAS. A mixture of hydrocarbon gases that occurs with petroleum deposits, principally methane together with varying quantities of ethane, propane, butane, and other gases, and is used as a fuel and in the manufacture of organic compounds.

      NEW CONSTRUCTION. Structures, including additions and improvements, and the placement of manufactured homes, for which the start of construction commenced on or after June 1, 1978, the initial effective date of the Frederick County Flood Insurance Rate Map, including any subsequent improvements, alterations, modifications, and additions to such structures.

      NONCONFORMITY. A lot, structure, or use lawfully existing before the effective date of any regulation of this chapter, which does not conform to the current regulations of the district in which it is located.

      NONCONVERSION AGREEMENT. A form signed by the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed to inform future owners of the restrictions.

      NONGOVERNMENTAL ELECTRIC SUBSTATION. A high-voltage electric system facility used to switch generators, equipment and circuits or lines in and out of a system. It also is used to change AC voltages from one level to another, and/or change alternating current to direct current or direct current to alternating current. Including without limitation a transmission and distribution substation served by transmission lines of 500 kv or greater.

      NONGOVERNMENTAL UTILITY. Any utility not owned by a governmental entity. Including a transmission and distribution substation for supplying electric service served by transmission lines of less than 500 kv, but excluding Solar Facility, Commercial.

      NONTIDAL WATERS OF THE STATE. See also WATERS OF THE STATE. As used in these regulations, NONTIDAL WATERS OF THE STATE refers to any stream or body of water within the State that is subject to State regulation, including the "100-year frequency floodplain of free-flowing waters." COMAR 26.17.04.01 states that "the landward boundaries of any tidal waters shall be deemed coterminous with the wetlands boundary maps adopted pursuant to Environment Article, § 16-301, Annotated Code of Maryland." Therefore, the boundary between the tidal and nontidal waters of the State is the tidal wetlands boundary.

      NRCS. Natural Resources Conservation Service.

      NURSERY RETAIL. The use of property for the planting, maintaining and harvesting of trees, shrubs, plants, grasses or sod for sale to other nurseries, landscape contractors, retail outlets. This use includes on-site public retail sales related to the planting, maintaining, or harvesting of trees, shrubs, plants, grasses or sod, fertilizers, soils, chemicals, or other nursery goods and related products in small quantity to consumers.

      NURSERY SCHOOL. A facility operated for the purpose of providing training, guidance, education or care for 4 or more children, all of whom are under 7 years of age and separated from their parents or guardians during any part of the day. This includes kindergartens, day nurseries and day care centers.

      NURSERY WHOLESALE. The use of property for the planting, maintaining and harvesting of trees, shrubs, plants, grasses or sod for sale to other nurseries, landscape contractors or retail outlets.

      NURSING HOME. A facility that provides treatment and nursing care by, or supervised by, a registered or practical nurse for 2 or more unrelated individuals suffering from illness, diseases, deformities or injuries who do not require extensive or intensive care such as normally provided in a general or other specialized hospital.

      ONE HUNDRED (100) YEAR FREQUENCY FLOOD. The Base Flood, having 1 chance in a 100 (1% chance) of being equaled or exceeded in any year.

      OUTDOOR CLUB. The use of property or a facility operated for recreational, educational, or social purposes, such as hunting, fishing, or other similar activity for the exclusive use of members and their guests.

      OUTDOOR SPORTS RECREATION FACILITY. The use of property for outdoor recreational activities where clearing is minimized including but not limited to field sports, paintball, laser tag, golf driving range, chip and putt, miniature golf, batting cage/range, or putting green or any combination thereof. This use may also include buildings accessory to the primary use of outdoor sports recreation facility.

      OUTDOOR STAGE THEATER. An open air theatre, including those areas, buildings, or structures used for the commercial presentation of live stage presentations.

      OVERLAY ZONING DISTRICT. An area where certain additional requirements are superimposed upon a base zoning district or underlying district and where the requirements of the base or underlying district may or may not be altered.

      PAWN SHOP. Any business that engages in the retail sales of personal property and that also loans or advances money on deposit of personal property on condition of selling the same back again to the depositor.

      PERENNIAL STREAM. A stream that has flowing water year-round during a typical year. The water table is located above the streambed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from precipitation is a supplemental source of water for stream flow. These streams are identified through field verification and as approved by the Department. The most recent county hydrography layer may be used as a guide for the preliminary establishment of possible watercourses.

      PERMANENT CONSTRUCTION. Any structure occupying a site for more than 180 days per year.

      PET TRAINING/DAYCARE/GROOMING FACILITY. An establishment which for a fee provides training, daycare, grooming, trimming, cleaning, and other associated services to domestic pets such as dogs or cats and which may sell pet supplies as an incidental use. This term does not include establishments which board pets overnight. (See KENNEL.)

      PETROLEUM PRODUCTS STORAGE. The storage of: (1) liquefied petroleum gas as defined in National Fire Protection Association (NFPA) Standard 58, as amended; (2) flammable and combustible liquids products as defined in NFPA Standard 30, as amended.

      PHOTOMETRIC (PHOTOMETRY). Measurement of the intensity of light and distribution.

      PLACE OF WORSHIP. A facility or building(s) for the primary purpose of assembly for religious worship. Accessory uses shall be limited to those customarily associated with a place of worship as provided within this chapter (see Article VIII. Division 2. Accessory Uses) or as approved by the Zoning Administrator.

      POWER GENERATION, FARM ANIMAL WASTE. Activities conducted on a farm for operating gas or electric generating facilities from converted farm waste.

      PRINCIPAL HIGHWAY. Any road designated as freeway, expressway or major arterial on the County Master Highway Plan.

      PRIVATE CLUB. An association for civic, social, cultural, religious, literary, fraternal, political, recreational, or like activities which is operated for the benefit of its members and not open to the general public.

      PRIVATE PARK. A parcel or contiguous parcels containing 100 or more acres, owned by a non-governmental entity or organization, managed primarily for environmental conservation, and maintained in a natural landscape condition. A private park may be open for use by the public, including for uses consistent with Md. Code Ann., "Natural Resources Art, § 5-1102(A).

      PROCESSING FACILITY. A combination of structures, machinery, or devices used to reduce or alter the volume, chemical or physical characteristics of solid waste. For the purpose of these regulations, collection points serving rural residential areas are not considered to be processing facilities, provided that solid waste is not transferred from collection vehicles to another transportation unit. A generator who processes his or her own solid waste at the site of generation and disposes of the processed solid waste off the site of generation at a disposal site permitted by the Maryland Department of the Environment is not considered to be a processing facility.

      PROFESSIONAL OFFICE. Rooms or buildings used as the office of a member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, or veterinarians, but not including medical or dental clinics or veterinary clinics.

      PROPANE. A colorless, flammable gas, C3H8, of the alkane series, occurring in petroleum and natural gas, used chiefly as a fuel and in organic synthesis. Also called dimethylmethane.

      PUBLIC BUILDINGS AND PROPERTIES. Any building or property used or controlled for public purposes by a state, federal, or local government agency, or by a political subdivision of the state within the geographic confines of Frederick County.

      PUTTING GREEN. A tract of land laid out for golf putting and/or chipping. A putting green may include a snack bar, pro-shop, and retail sales of golf equipment as accessory uses.

      REAL ESTATE SIGN. A sign advertising for sale, lease, rental or development of any real property or directing attention to the opening of a new subdivision.

      REAR LOT LINE. The lot line determined to be most parallel to the front lot line. If the rear lot line is less than 10 feet long or the lot comes to a point at the rear, the rear lot line is assumed to be a line not less than 10 feet long, which lies wholly within the lot and is parallel to the front lot line. The rear lot line is parallel to the chord of the arc of said front lot line.

      REAR YARD. An open space, unoccupied and unobstructed by any building extending the full width of the lot equal in depth to the minimum distance required for such yard for the district in which the lot is located from the rear lot line.

      RECREATIONAL VEHICLE. A vehicle built on a single chassis which is 400 square feet or less at the longest horizontal projection, self-propelled or towable, and designed primarily for temporary living while traveling or camping and is only occupied when located in an RV park which is approved by the county. Recreational vehicles must:

         (a)   Have a current valid license plate;

         (b)   Be ready for highway use; and

         (c)    Be occupied for less than 14 consecutive days on a single site.

      RECREATIONAL VEHICLE STORAGE FACILITY. A parcel of land utilized for storing recreational vehicles as defined within this section.

      RESOURCE RECOVERY FACILITY. A processing facility at which component materials of solid waste are recovered for use as raw materials or energy sources.

         (a)   RESOURCE RECOVERY FACILITY-SEPARATED RECYCLABLES. A resource recovery facility accepting only recyclables which have been previously separated from the municipal solid waste stream.

         (b)   RESOURCE RECOVERY FACILITY-NON-SEPARATED MATERIALS. A resource recovery facility accepting anything other than recyclables which have been previously separated from the municipal solid waste stream.

      RECYCLING PICK-UP AND DISTRIBUTION CENTER. A facility designed for the collection of recyclable materials and distribution of these items to markets accepting these items for processing.

      ROAD. See STREET.

      ROADSIDE STAND, COMMERCIAL. A use, which may incorporate a structure, that offers for sale agricultural products, the majority of which are produced by the owner within the county and within the immediate neighborhood of the location of the use. This use does not include seasonal pumpkin patches, "pick your own" or "cut your own" produce or other agritourism enterprise activities conducted on a farm related to agriculture and accessory to the primary agriculture operation on the farm. The holder of a Class 8 farm brewery license under the Annotated Code of Maryland may sell and deliver beer in accordance with the terms and approvals of that license as an accessory use to the commercial roadside stand.

      ROADSIDE STAND, LIMITED. The use of no more than 1,500 square feet devoted to product sales, which may incorporate a structure, for the sale of agricultural products the majority of which are produced by the owner within the county and within the immediate neighborhood of the location of the use. This use does not include seasonal pumpkin patches, "pick your own" or "cut your own" produce or other agritourism enterprise activities conducted on a farm related to agriculture and accessory to the primary agriculture operation on the farm.

      RODEO. The use of property for exhibitions featuring animal riding, roping, steer wrestling, bull riding or similar sporting events featuring animals.

      ROOMING HOUSE. See BOARDING-HOUSE.

      RUSTIC RETREAT/CAMP. A facility or land used for outdoor skills instruction, recreation, temporary lodging, or a retreat for group meetings or instruction, located in a rural setting which may provide meals, rudimentary facilities, and recreational amenities of a rural nature for participants during the period of the retreat or program only.

      SATELLITE SIMULCAST BETTING. Pari-mutuel betting at a satellite simulcast facility on a race that is simulcast from a sending track by a mile thoroughbred racing licensee, a harness racing licensee, or the State Fair Society; and transmission of the pari-mutuel information regarding bets at the satellite simulcast facility to the sending track.

      SATELLITE SIMULCAST BETTING FACILITY. Construction, conversion, alteration and/or use of a building or portion of a building to become a venue for the purpose of conducting satellite simulcast betting in accordance with the Maryland Racing Commission.

      SATELLITE UNIVERSITY OR COLLEGE. A satellite branch or campus of a college or university that is physically detached from the main university or college area that does not include administrative offices and living quarters, and is smaller than the main campus of an institution.

      SAWMILL. The use of property where logs are debarked and sawn into dimension lumber. Such operations may include but are not limited to, processing, drying, finishing, or shipping of lumber, and commercial firewood processing.

      SCD. Soil Conservation District.

      SCHOOL BUS PARKING. The use of property for the storage and minor incidental repair of operational school buses for providers currently having contracts with the Board of Education of Frederick County or nonpublic schools in Frederick County. This definition does not include individual school bus drivers that park a school bus at their residence during off hours.

      SCHOOL, PRIVATE. A private educational program for students for the teaching of children including primary and secondary schools.

      SCHOOL, PUBLIC. An educational program for students approved by the Maryland State Department of Education for the teaching of children or adults including elementary and secondary schools, and similar facilities. Charter schools funded by the state are included in this definition.

      SCUBA FACILITY. Any building, structure or area of land and water that is used for scuba diving education and recreation. A scuba facility may include facilities for bathrooms, showers, storage of supplies, scuba tank refueling, and other uses that are customarily incidental to a scuba facility.

      SELF-STORAGE UNITS. A building or group of buildings consisting of individual, self- contained units leased or rented to individuals, organizations, or businesses for self-service storage of personal property and where no commercial transactions are permitted other than the leasing and rental of the storage units.

      SEWAGE SLUDGE. The accumulated semi-liquid suspension, settled solids or dried residue of these solids that is deposited from sewage in a municipal waste water treatment plant, whether or not these solids have undergone treatment.

      SEXUAL ACTIVITY. Any direct or indirect physical contact between persons intended to erotically stimulate either person or both persons or is likely to cause such stimulation. Sexual activity includes intercourse, fellatio, cunnilingus, anal intercourse, masturbation, or manual stimulation. Any person who operates a bodywork establishment must not engage in or allow another person to engage in the performance of any sexual activity with another person in the establishment.

      SHARED PARKING. A public or private parking area used jointly by two or more uses through a legal agreement, which results in a reduction in a portion of the required off-street parking spaces for one or more of those uses.

      SHOOTING RANGE/CLUB - TRAP, SKEET, RIFLE, ARCHERY. A permanently located and improved area that is designed and operated for the safe use of trap, skeet, rifles, archery, pistols, shotguns, black powder or any other similar sport shooting at targets.

      SHOPPING CENTER. A group of 6 or more retail stores, service establishments and other similar uses, which are designed as an integrated unit.

      SIDE LOT LINE. Any lot line other than a front lot line or a rear lot line.

      SIDE YARD. An open space, unoccupied and unobstructed, any building extending in from the front building line to the rear building line, equal in depth to the minimum distance required for such yard for the district in which the lot is located from the nearest side lot line.

      SIGN. Any structure, or device, in whole or part, which uses symbolic representations to direct attention, to identify or advertise any activity, person, group of people or thing. This definition does not include delivery vehicles used in the operation of the business.

      SIGN, AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. Where a sign has 2 or more faces, the area of all faces shall be included in determining the area of the sign except that where 2 such faces are placed back to back and are at no point more than 2 feet from one another. Excluding necessary supports or uprights, the area of the sign shall be taken as the area of 1 face if the 2 faces are of equal area, or as the area of the larger face if the 2 faces are of unequal area. In the case of individual letters placed on a structure, the entire area based on the stroke of each letter shall be used in the computation of such sign area.

      SINGLE-FAMILY DWELLING. A detached dwelling designed for or used exclusively by 1 family.

      SLUDGE AMENDED YARD WASTE. A process whereby sewage sludge and yard waste are combined to create a compost.

      SLUDGE PIT/SLUDGE HOLDING TANK. A facility designed for the holding of sewage sludge for a period of time prior to disposal typically constructed in conjunction with governmental uses.

      SOLAR FACILITY, ACCESSORY. A photovoltaic solar energy system mounted on a building or on the ground which generates electricity in an amount that does not exceed 200% of the electric consumption of the principal use.

      SOLAR FACILITY, COMMERCIAL. A photovoltaic solar energy system that generates electricity in an amount that exceeds 200% of the consumption of the uses on the parcel upon which it is constructed and the excess electricity is fed into the electric grid.

      SOLAR FACILITY, COMMUNITY ENERGY GENERATING SYSTEM. A photovoltaic solar energy system which satisfies the requirements of Public Utilities Article, § 7-306.2 of the Ann. Code of Md.

      SOLID WASTE. Any garbage, refuse, sludge or liquid from industrial, commercial, mining or agricultural operations or from community activities.

      SOLID WASTE COMPOSTING. The process by which organic solid waste is biologically decomposed under controlled conditions to yield a nuisance-free, humus-like product. Typically constructed in conjunction with governmental uses.

      SOLID WASTE GENERATOR. A residential, commercial, industrial or governmental facility that creates solid waste through a process of providing a product or service as long as this process does not require solid waste or components of solid waste as part of the material in the process.

      SPECIAL EXCEPTION. A grant of a specific use that would not be appropriate generally or without restriction and is based upon a finding that certain conditions governing special exceptions as detailed in this chapter exist and that the use conforms to the Comprehensive Development Plan and is compatible with the existing neighborhood.

      SPECIAL FLOOD HAZARD AREA (SFHA). The land in the floodplain subject to a 1% or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency in Flood Insurance Studies and on Flood Insurance Rate Maps as Zones A, AE, AH, AO, A1-30, and A99, and Zones VE and V1-30. The term includes areas shown on other flood maps that are identified in § 1-19-9.110.

      SPRING WATER HARVESTING OR STORAGE. The use of property for collection, storage, purification and transportation of spring water.

      START OF CONSTRUCTION. The date the building permit was issued for any development, including new construction and substantial improvements to existing structures, provided that the actual start of construction or improvement was within 180 days of the permit issuance. The actual START OF CONSTRUCTION is the placement of slab or footings, piles, columns, or any work beyond the stage of excavation; or the actual placement of a manufactured home on the site. For substantial improvement, the START OF CONSTRUCTION is the first alteration of any structural part of the building. Permanent construction, as used in this definition, does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basements, footings, piers, foundations, or erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not as part of the main structure.

      STORAGE TANK, GASOLINE. The use of property for an aboveground storage tank (AST) or container designed for the storage of petroleum products with a capacity not to exceed 1,100 gallons. This use is prohibited within wellhead protection areas, see Article IV, § 1-6-50 of the Wellhead Protection Code.

      STREET. The term STREET, ROAD or HIGHWAY means a public way for vehicular traffic of such width, design, construction and specifications, as the Master Highway Plan and regulations now require or might hereafter require and is a public right-of-way which provides primary access to abutting properties. The term also applies to rights-of- way under county ownership prior to the enactment of this chapter. The county's highways and streets are classified according to the Comprehensive Development Plan (Master Highway Plan section).

      STRUCTURAL ALTERATION. Any change in the structural members of a building, including walls, columns, posts, beams, or girders.

      STRUCTURE. A walled and/or roofed building, including but not limited to, a gas or liquid storage tank, a building foundation, platform, deck, swimming pool, bulkhead or greenhouse that is principally above ground and attached to a permanent site or location.

      SUBDIVIDE. The act of creating a subdivision, as herein defined.

      SUBDIVISION. The division of a lot, tract or parcel of land into 2 or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, for transfer of ownership or building development of the land or territory subdivided.

      SUBSTANTIAL DAMAGE. Damage by any means sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

      SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, alteration, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure (less land value) either:

         (a)   Before the improvement or repair is started; or

         (b)   If the structure incurred substantial damage and has been restored, before the damage occurred. SUBSTANTIAL IMPROVEMENT occurs when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. Substantial improvements will be calculated on a cumulative basis. The minimum repairs needed to correct previously identified violations of local health, safety or sanitary codes and alterations to historic structures which do not preclude their continued designation as historic structures are not considered substantial improvements. The term also includes structures which have incurred substantial damage regardless of the actual repair work performed.

      TEMPORARY STRUCTURE. Any structure completely removed within 180 days from issuance of the permit.

      TENANT FARMHOUSE. A single-family detached dwelling or a separate dwelling unit within the principal structure located on a farm.

      TOWERS. Include, but are not limited to:

         (a)   LATTICE TOWER. A structure which consists of vertical and horizontal supports and metal crossed strips or bars to support antennae and connecting appurtenances. LATTICE TOWERS may be freestanding or supported by wire guys. (See GUYED TOWER.)

         (b)   MONOPOLE TOWER. A structure which consists of a single freestanding pole structure to support antennae and connecting appurtenances.

         (c)   GUYED TOWER. Any communications tower using wire guys connecting above grade portions of a communications tower diagonally with the ground to provide support for tower, antennae, and connecting appurtenances.

      TOWNHOUSE DWELLING. One of a series of 3 or more attached dwelling units separated from one another by continuous vertical party walls which are without openings from lowest level floor to the highest point of the roof.

      TRANSFER STATION. A place or facility where waste materials are taken from one collection vehicle (for example, compactor trucks) and placed in another transportation unit (for example, over-the-road tractor-trailers, railroad gondola cars, barges or ships) for movement to other solid waste acceptance facilities. For the purpose of these regulations, collection points serving rural residential areas are not considered to be transfer stations, provided that solid waste is not transferred from a collection vehicle to another transportation unit. The movement or consolidation of a single generator's solid waste at the site of generation may not be considered to be a transfer station.

      TRUCK STOP AND FILLING STATION SERVICE FACILITY. A structure or land used or intended to be used primarily for the sale of fuel for trucks and, usually, incidental service or repair of trucks; or a group of facilities consisting of such a use and attendant eating, sleeping, or truck parking. This use is prohibited in all zoning districts except highway service and general industrial.

      TWO-FAMILY DWELLING. A dwelling which is located on a lot, contains no more than 2 dwelling units which are arranged 1 above the other or side by side. No more than 1 family occupies either dwelling unit.

      UNDERGROUND STORAGE TANK. An underground storage tank, connected piping, underground ancillary equipment, and containment system, if any.

      USE. The principal purposes for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied or maintained.

      UTILITY. Any facility erected, constructed, altered or maintained as part of an integrated system or program designed to furnish necessary services for the public health, safety or convenience, including water, electric, gas, communication (cable, wireless, satellite, telephone), steam or sewer. Facilities include all buildings, structures, and land used to house the utility and equipment, including facilities for the production of electricity through solar collection or wind generation, substations for transforming, boosting or switching purposes; regulators; stationary transformers and other such devices for supplying electric service at voltages less than 500 kv; storage yards; and above ground pipelines.

      VARIANCE. A modification of yards, areas or other dimensional requirements in this chapter which are not contrary to the public interest. A VARIANCE may be allowed only when conditions peculiar to the property and not caused by applicants actions would make literal enforcement of the dimensional requirements of this chapter an unnecessary hardship.

      VETERINARY CLINIC. The use of property for the practice of veterinary medicine, dentistry, or surgery for animals.

      VILLAGE CENTER GROWTH AREA. For the purpose of development within the Village Center Zoning District, growth areas are regional and district communities as identified in the county's comprehensive development plans as areas intended for growth and planned for public water and sewer.

      WATERBODY. Intermittent and perennial streams, rivers, lakes and ponds, but excluding stormwater management ponds. See § 1-19-9.400.

      WATERCOURSE. Natural or once naturally flowing (perennially or intermittently) water including rivers, streams, and creeks. Includes natural waterways that have, are, or have been channelized, but does not include man-made channels, ditches, and underground drainage and sewage systems.

      WATERS OF THE STATE. Waters of the State include:

         (a)   Both surface and underground waters within the boundaries of the State subject to its jurisdiction;

         (b)   That portion of the Atlantic Ocean within the boundaries of the State;

         (c)   The Chesapeake Bay and its tributaries;

         (d)   All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

         (e)   The floodplain of free-flowing waters determined by MDE on the basis of the 100-year flood frequency.

      WELLHEAD PROTECTION AREA (WHPA). That land area overlying the aquifer which contributes water to a municipal or community water supply well or spring under the permitted withdrawal rate (average annual) and average annual recharge conditions that can be anticipated based on historical data. It is bounded and may be influenced by the ground water divides which result from pumping the well and by the contact of the aquifer with less permeable geologic boundaries. In all cases, the wellhead protection area shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a ground water flow divide, a contact with geologic formations, or a recharge boundary), or be limited by time-of-travel. The wellhead protection area shall be delineated by MDE and mapped as a result of source water assessment reports.

      WET SOILS. Soils set forth in the "Soils Interpretation and Water Features Report" as extracted from the Frederick County, Maryland Soils Survey Supplement Text and Tables published by the Catoctin and Frederick Soil Conservation District (issued May 1985 or as amended).

      WETLAND. Any land which is: (1) considered private wetland or state wetland pursuant to Title 9, Wetland and Riparian Rights, Natural Resources Article, Annotated Code of Maryland; or (2) defined as wetland under the procedures described in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" by the Federal Interagency Committee for Wetland Delineation, 1989, as amended.

      WIND ENERGY SYSTEM. Equipment that converts and stores or transfers energy from the wind into electricity or other usable forms of energy. This equipment includes any base, vane, blade, foundation, generator, alternator, tower, transformer, tail, wire, inverter, batteries, guy wire or other component used in the system.

      WIND ENERGY SYSTEM TOTAL HEIGHT. The vertical distance from ground level to the tip of a wind generator vane or blade when the tip is at its highest point.

      WIND GENERATOR. Blades and associated mechanical and electrical conversion components mounted on top of the tower.

      WIND TOWER. The monopole, freestanding, or guyed structure that supports a wind generator.

      WOOD WASTE RECYCLING FACILITY, LIMITED. A facility that accepts natural wood waste such as stumps, tree limbs, and yard waste. A limited wood waste recycling facility produces a variety of products from this waste including mulch and compost, for retail sales.

      WOOD WASTE RECYCLING FACILITY, UNLIMITED. A facility that accepts natural wood waste such as stumps, tree limbs, processed wood products, and yard waste. A wood waste recycling facility produces a variety of products from this waste including mulch and compost, for retail sales. For the purposes of this definition processed wood products is wood waste that includes cutoff, untreated pieces of lumber.

      WOODWORKING. A business principally engaged in the act, process, or occupation of working wood (and use of customary incidental or accessory materials) into a useful or desired form by using a combination of specialized machinery, artisanal and handcrafted means to create, recondition, repair or repurpose custom products that may include, furniture, sculptures, cabinets, signs or other custom mill work pieces.

      YARD STORAGE. The use of property for the storage, stockpiling, or safekeeping of any equipment, products or materials (in usable condition) which are not being specifically displayed as merchandise or for the purpose of outdoor sales display.

      ZONE. An area within which structures and land are subject to identical regulations which permit or prohibit certain uses. The ZONE also establishes other requirements, including yards and other open space, lot areas, and building height limits.

      ZONING ADMINISTRATOR. The chief administrative officer in charge of zoning administration within the Department of Planning and Development Review.

      ZONING MAP. The zoning maps of the county, together with all amendments thereto subsequently adopted.

      ZOO/BOTANICAL GARDEN/ ARBORETUM. A public or private facility for the exhibition and observation of animal and plant displays.

(Ord. 77-1-78, 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 80-24-176, 8-26-1980; Ord. 80-31-183, 10-7-1980; Ord. 81-13-203, 5-26-1981; Ord. 81-29-219, 9-29-1981; Ord. 82-19-263, 9-7-1982; Ord. 86-37-414, 8-26-1986; Ord. 89-1-532, 1-3-1989; Ord. 89-2-533, 1-3-1989; Ord. 89-41-572, 6-6-1989; Ord. 89-42-573, 6-6-1989; Ord. 89-51-582, 8-15-1989; Ord. 90-30-628, 6-19-1990; Ord. 90-44-642, 11-20-1990; Ord. 90-46-644, 11-20-1990; Ord. 91-13-013, 6-4-1991; Ord. 91-32-032, 11-19-1991; Ord. 92-04-039, 2-18-1992; Ord. 92-19-054, 8-8-1992; Ord. 92-22-057, 10-6-1992; Ord. 92-23-058, 10-6-1992; Ord. 93-19-083, 9-13-1993; Ord. 94-28-123, 12-8-1994; Ord. 96-17-169, 8-6-1996; Ord. 99-02-229, 3-16-1999; Ord. 99-14-241, 11-23-1999; Ord. 00-28-270, 9-7-2000; Ord. 03-03-326, 3-4-2003; Ord. 03-09-322, 11-21-2002; Ord. 05-25-386, 9-27-2005; Ord. 05-29-390, 10-25-2005; Ord. 06-24-420, 6-20-2006; Ord. 06-42-438, 11-30-2006; Ord. 07-16-456, 5-15-2007; Ord. 07-21-461, 6-12-2007; Ord. 07-24-464, 7-10-2007; Ord. 07-27-467, 6-19-2007; Ord. 07-29-469, 9-4-2007; Ord. 07-31-471, 10-15-2007; Ord. 07-32-472, 7-17-2007; Ord. 07-34-474, 11-6-2007; Ord. 08-21-497, 8-5-2008; Ord. 08-26-502, 10-14-2008; Ord. 09-05-509, 2-17-2009; Ord. 09-11-515, 4-28-2009; Ord. 09-21-525, 6-4-2009; Ord. 09-27-531, 11-3-2009; Ord. 10-01-536, 1-19-2010; Ord. 10-20-555, 8-24-2010; Ord. 10-31-566, 12-21-2010; Ord. 11-06-572, 5-17-2011; Ord. 11-25-591, 10-27-2011; Ord. 12-08-603, 4-17-2012; Ord. 12-23-618, 9-6-2012; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014; Ord. 14-26-681, 11-20-2014; Bill No. 17-04, 5-2-2017; Bill No. 17-07, 5-16-2017; Bill No. 18-10, 5-1-2018; Bill No. 18-16, 8-21-2018; Bill No. 18-22, 10-16-2018; Bill No. 18-24, 10-16-2018; Bill No. 18-27, 10-23-2018; Bill No. 19-09, 8-20-2019; Bill No. 19-16, 12-17-2019; Bill No. 20-10, 7-21-2020; Bill No. 20-07, 8-4-2020; Bill No. 20-15, 9-29-2020; Bill No. 22-03, 3-1-2022; Bill No. 22-05, 3-15-2022; Bill No. 22-12, 7-26-2022; Bill No. 22-24, 10-25-2022; Bill No. 22- 28, 10-18-2022; Bill No. 23-08, 5-23-2023; Bill No. 23-15, 8-8-2023; Bill No. 23-20, 11-21-2023; Bill No. 23-21, 11-21-2023)

Cross-references:

   Subdivisions, see Chapter 1-16

   Building Code, see , § 1-6-16 et seq.