(A) General provisions. Unless the context clearly indicates a contrary meaning, the following rules of construction shall apply in interpreting this chapter.
(1) Words used in the present tense include the future;
(2) The singular number includes the plural, and the plural the singular;
(3) The word “shall” is always mandatory; the word “may” is permissive;
(4) The words “used” or “occupied” as applied to any land or building, includes the words “arranged or designed or intended to be used or occupied”.
(5) Masculine references shall include the female.
(B) Definition of terms. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not herein defined shall be determined by the Zoning Administrator to have their common and ordinary meaning, within the context of the provision. A standard reference dictionary may be used to assist in such determination.
ACCESSORY STRUCTURE. A subordinate structure customarily incidental to and located on the same lot occupied by the principal use. The term includes, but is not limited to, a private garage, barn, playhouse, greenhouse, swimming pool, satellite dish antenna, dock or boathouse.
ACCESSORY USE. A use conducted on the same lot as the primary use to which it is related; a use that is clearly incidental to, and customarily found in connection with, such primary use.
ADULT USE. A use involving one or more of the following and which shall only be permitted in a zoning district where the use is specifically permitted by this chapter:
(a) ADULT BOOKSTORE. A use with a significant portion of the market value of all items offered for sale or rent being “adult materials”, or which has over 15 square feet of floor area occupied by adult materials for sale or rent. ADULT MATERIALS shall be defined as books, films, videotapes (including those offered on coin or token operated machines), magazines or similar printed materials, and/or paraphernalia which is distinguished or characterized by a clear emphasis on the depiction, display or description of uncovered male or female genitals.
(b) ADULT LIVE ENTERTAINMENT USE. A commercial use or club involving employees, contractors or other persons displaying uncovered male or female genitals or nude female breasts relating to some form of monetary compensation or benefit paid to either:
1. The entity operating the use; or
2. Persons involved in such display.
(c) ADULT THEATER. A use involving the display of film or other video forms of “adult materials” to 3 or more persons at a time in a room and that is related to some form of monetary compensation by the persons viewing such matter.
(d) MASSAGE PARLOR. A use in which manipulative exercises using the hands or a hand-held mechanical device are conducted by one or more persons on the exposed skin of 1 or more
other persons within private or semi-private rooms, and that is related to some form of monetary compensation paid by the person(s) receiving the massage. This use shall not include any of the following:
1. Massages by state-licensed massage therapists or health care professionals;
2. Massages involving persons who are related to each other;
3. Massages within a licensed hospital or nursing home;
4. Hand massages of the face, hands or feet; or
5. Therapeutic massages that are clearly incidental to a permitted exercise club or municipal, college or school athletic program.
AGRICULTURE. The cultivation of the soil and the raising and harvesting of products of the soil, including customary soil and water conservation practices. The raising and keeping of livestock and poultry shall also be considered agriculture. Agriculture includes value-added processing: the processing of an agricultural product in order to increase its market value, including such processes as canning, milling, grinding, freezing, heating and fermenting.
ALLEY. A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting a road.
ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
ARTICLE 66B. Article 66B of the Annotated Code of the State of Maryland, entitled “Zoning and Planning,” as amended, or its successor legislation.
AUTOMOBILE SERVICE STATION. A building or premise where gasoline, oil, grease, batteries, tires and automobile accessories, or any combination therefore, are sold at retail and where incidental servicing and mechanical repairs are conducted; provided, however, that this term shall not be deemed to include motor vehicle repair garages as defined hereinafter.
BED AND BREAKFAST INN. An owner-occupied, or manager-occupied single-family detached dwelling unit in which guest room(s) are provided, for compensation, as overnight accommodations for transient visitors, and in which breakfast is customarily included in the charge for the room. A BED AND BREAKFAST INN is subordinate to the use of the dwelling unit as a residence, and it is not a hotel, motel, rooming, lodging house or other use defined or regulated elsewhere in this chapter.
BUILDING. A combination of materials having a roof to form a structure for the shelter of persons, animals or property. The word BUILDING shall include any part thereof.
BUILDING AREA. The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, unroofed porches, paved terraces, steps, eaves and gutters.
BUILDING COVERAGE. The percentage of the lot area covered by the building area.
BUILDING HEIGHT. A building’s vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the highest roof over any part of the building, provided, however, the highest point of the roof shall not exceed 50 feet above the lowest level of ground abutting the building.
BUILDING SETBACK LINES. The rear lines of the minimum front yards as herein designated for each zoning district, measured from the road line.
CHILD CARE. See DAY CARE.
CHURCHES and OTHER PLACES OF WORSHIP. A structure that is primarily used for religious worship and that is operated for non-profit and non-commercial purposes and which is designed to accommodate more than 20 persons at 1 time. A PLACE OF WORSHIP may include 1 accessory dwelling unit for housing of an employee and his or her family. Any other residential, institutional or commercial use shall meet the requirements for such use.
CLUSTER DEVELOPMENT. A subdivision of single family detached dwellings that meets the requirements of § 157.073 and applicable provisions of the County Subdivision Ordinance.
CODES OFFICIAL. The officer or employee designated under the Garrett County Classified Employee System as the Building Codes Official and charged with the administration and enforcement of the adopted building codes for Garrett County.
COMMERCIAL CAMPGROUND or TRAVEL TRAILER CAMP. Any lot, parcel or tract of land upon which 2 or more tents, camping trailers, travel trailers, pick-up coaches, motor homes or any combination thereof are located or parked for occupancy by vacationers or transients.
COMMERCIAL CATERING FACILITY or BANQUET HALL. A business establishment for the accommodation of private parties which are scheduled and reserved in advance of the planned event, providing the following services relating to private parties: food and beverage service including kitchen and bar facilities for preparing and serving meals and beverages on or off the premises, seating accommodations including tables for on-premises meal service, an assembly area designed in compliance with the state’s Fire Code. Such an establishment must schedule and reserve special events in advance and may not be open to the general public as would be the case with a restaurant or tavern.
COMMERCIAL COMMUNICATIONS ANTENNA OR TOWER. A structure exterior to a building that is used for transmitting or retransmitting electronic signals. This term shall include, but not be limited to, commercial television and radio broadcast antenna, antenna to receive broadcasts for cable television, and cellular telephone antenna. This term shall not include antenna for the following, which
are routine accessory uses: amateur “ham” radio, citizen band radio, satellite internet service, emergency communications, reception of commercial radio or television broadcasts (other than by a cable television company), or for a business or municipality to contact their employees.
COMMERCIAL RESORT. A business occupying not less than 20 acres of land and offering lodging, eating, recreational and other facilities intended exclusively or primarily for use by guests registered at the resort.
DAY CARE OR CHILD CARE CENTER. A facility licensed by the State of Maryland as a “Child Care Center” and that, for part or all of a day, or on a 24 hour basis on a regular schedule, and at least twice a week, offers or provides child care to children who do not have the same parentage. Such a center may include but is not limited to a non-public nursery school. See also DAY CARE HOME, FAMILY.
DAY CARE HOME, FAMILY. A facility registered with the State of Maryland as a “Family Day Care Home” and within which care is given to a child younger than 13 years old or to a developmentally disabled person younger than 21 years old in place of parental care for less than 24 hours a day, in a residence other than the child’s residence, for which the provider is paid in cash or in kind.
DENSITY. The maximum number of dwelling units allowed per gross acre of land in a parcel being subdivided or developed as a condominium, not including accessory dwelling units.
DORMITORY. A building used as group living quarters for a student body or religious order incidental to a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.
DWELLING. A building or portion thereof arranged or designed to provide 1 or more dwelling units.
(a) DWELLING UNIT. A dwelling or portion thereof providing complete living facilities for 1 family, including living, sleeping, and cooking facilities, limited to not more than 8 bedrooms, except as allowed under subsection (b); provided, however, that the term DWELLING UNIT shall not be deemed to include transient vacation rental units, rooming, boarding or lodging houses or hotels, motels, tourist homes or other similar places offering overnight accommodations for transients.
(b) SINGLE-FAMILY DETACHED DWELLING. A building, commonly known as a single-family house designed for and occupied exclusively as a private residence from ground to roof, open on all sides, and not to be available or used for transient vacation rental. The single-family dwelling shall be limited to not more than 8 bedrooms unless the holder(s) of record title to the property for which application is made executes a binding covenant running with the land in favor of adjoining land owners and/or the county, recorded among the land records of the county limiting the use of welling to prohibit transient vacation rent of the property.
(c) TWIN DWELLING. A building containing 2 independent dwelling units that are:
1. Completely separated by a vertical party wall; and
2. Involve 1 family occupying each dwelling unit.
(d) TWO-FAMILY DWELLING. A building containing 2 independent dwelling units that:
1. Are not completely separated by a vertical party wall (such as 1 unit above another unit); and
2. Involve only 1 family occupying each dwelling unit.
(e) TOWNHOUSE. A portion of a building designed for and occupied exclusively as a residence for only 1 family and having:
1. Only 1 dwelling unit from ground to roof;
2. Two points of independent outside access;
3. At least 2 other dwellings built in conjunction therewith; and
4. Any portion of 1 or 2 walls in common with an adjoining dwelling.
(f) MULTI FAMILY (APARTMENT) DWELLING. A building containing any dwelling unit above another dwelling unit, or a building containing 3 or more dwelling units other than townhouse dwelling units.
(g) MOBILE HOME.
1. A 1 family dwelling unit that is:
a. Detached from other buildings and that is manufactured in 1 complete section;
b. Is designed for a long-term occupancy, containing sleeping accommodations, a flush toilet, a bathtub or shower and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
c. Is designed to be transported after fabrication in essentially 1 structural unit, arriving at the site where it is to be occupied as a complete dwelling and ready for occupancy except for minor and incidental unpacking and assembly operations; and
d. Is not a sectional (“double-wide”) home or a travel trailer as defined by this chapter.
2. The term
MOBILE HOME and MANUFACTURED HOME shall have the same meaning for the purposes of this chapter.
(h) SECTIONAL (SUCH AS “DOUBLE-WIDE” OR “MODULAR”) DWELLING. A type of “single family detached dwelling” that is prefabricated off-site in 2 or more substantial sections and then is transported to a building site in sections which are fastened together and mounted on a permanent foundation. For purposes of this chapter, SECTIONAL DWELLINGS include modular pre-fabricated dwellings, but shall not include “mobile homes” or “travel trailers” as defined by this chapter.
ESSENTIAL UTILITY EQUIPMENT. Underground or overhead electrical, gas, communications, water or sewage systems, including poles, towers, rights-of-way, wires, lines, mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone booths, police call boxes, traffic signals, hydrants, regulating and measuring devices, and the structures in which they are housed, and other similar equipment and accessories in connection therewith; provided, however, that this term shall not be deemed to include buildings, yards or areas for the storage, repair or processing of equipment or material; nor does it include sewage treatment plants, lagoons, settling basins and the like conducted as a principal use; nor does it include yards, areas or substations for the above-ground generation, transforming or switching of electricity.
FAMILY. An individual, or 2 or more persons who are “related,” or a group of a maximum of 8 persons who are not “related”; and which involves such persons living together as a common household unit. See also GROUP HOME.
FARM WINERY. A winery operation having an approved Maryland Class 3 or 4 winery license and conducted on property classified as agricultural by the Maryland Department of Assessments and Taxation. A FARM WINERY may conduct wine tastings that include accessory food sales and have retail sales of wine and winery-related products.
GROSS AREA. The total land area of a lot or parcel, including floodplains and wetlands, but not including land within road rights-of-way.
GROUP HOME. The use of a lawful dwelling unit to house persons who need special care and oversight because of mental retardation/developmental disability, old age, physical disability, physical or emotional abuse committed against themselves, or mental illness. Such persons shall function as a common household unit.
(a) A
GROUP HOME may also serve other types of persons if the applicant proves to the Board of Appeals that such persons are protected under the Americans With Disabilities Act as having “disabilities.” In such case, the applicant shall also prove to the Board of Appeals that the use will involve adequate supervision.
(b) A
GROUP HOME shall not include the housing or treatment of persons who can reasonably be considered a threat to the physical safety of others. A GROUP HOME shall not meet the definition of a “Treatment Center.”
(c) See standards in § 157.075.
HIGHWAY SERVICE PLAZA. A business occupying 5 or more acres of land at or near an interchange or intersection of a limited or controlled access highway and intended primarily to provide services for travelers, which may include food, lodging and incidental servicing of motor vehicles and trucks.
HOME OCCUPATION.
(a) An office or other business that:
1. Is conducted in a dwelling and/or its accessory building;
2. Only involve activity that is clearly incidental and secondary to the use of the premises for residential purposes; and
3. That is conducted primarily by persons whose primary or secondary residence is within the dwelling unit in which the activity occurs.
(b) See standards in § 157.024.
HOTEL or MOTEL. Regardless of how owned or titled a HOTEL or MOTEL is a building or group of buildings which shall:
(a) Be operated exclusively as a place of temporary lodging for transient guests who rent rooms or suites on a daily basis for not more than 30 consecutive days.
(b) Be open to the public generally rather than to a limited group.
(c) Contain a public lobby and guest registration office with guest rooms and/or suites.
(d) Provide daily on-site management, guest registration personnel, daily maid service and maintenance to all guest rooms and suites.
(e) Not have separate lockout rooms within the lodging space of any guest rooms or suites approved by Garrett County.
(f) Not have individual water and sewer connections metered separately to individual guest rooms or suites.
(g) Maintain a sign with the name of the hotel or motel on the outside of the property prominently displayed.
(h) Maintain records for all guest rooms and suites, for at least the most recent 2 years, including names and addresses of the principal registered guests and term of stay.
(i) Contain sleeping accommodations and not more than 2 bathrooms and except as provided for in divisions 1. and 2. below, may contain a kitchenette consisting of a single bowl sink, refrigerator, up to an 18-inch dishwasher, countertop and cabinetry and may contain a microwave oven, but no other cooking facilities. The maximum size of any guest room or suite shall not exceed 1,500 square feet.
1. At the time of application for the initial zoning permit, the developer of any property applying for a zoning permit to construct a hotel or motel may provide plans for any rooms or suites that are intended to include complete kitchens (i.e. facilities beyond those described for kitchenettes above). If any rooms or suites in a hotel or motel facility include complete kitchens then the developer must comply with the additional requirements outlined in division 2. below.
2. Comply with a minimum lot or land area requirement of 4,800 square feet per room or suite if a complete kitchen is provided. The number of rooms or suites allowed in a hotel or motel with a complete kitchen will be calculated by dividing the total land area of the lot by 4,800 square feet.
(j) Not be constructed to include any building or structure defined as a multiple family dwelling under this chapter for the purpose of calculating minimum land area and off-street parking per room or suite. In the case of mixed uses, the required minimum lot area and parking requirements shall equal the sum of the requirements of the various uses computed separately.
LAND RECORDS. For the purpose of this chapter, LAND RECORDS shall mean the duly recorded documents filed, recorded and indexed in the custody of the Clerk of the Circuit Court of Garrett County.
LOT. A parcel or plot of land used or set aside and available for use as the site for 1 or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a road nor including any land within the limits of a public or private road right-of-way. The term RECORD LOT or LOT OF RECORD means the land designated as a separate and distinct parcel of land on a legally recorded deed or plat filed among the Land Records of Garrett County. Any lot created after the effective date of this chapter must have frontage on an existing or planned public or private road.
(a) LOT, CORNER. A lot abutting 2 or more roads at their intersections, where the interior angle of the intersection does not exceed 135 degrees.
(b) LOT WIDTH. The width of a lot between side lot lines, measured along the building setback line.
(c) LOT, LAKE-FRONT. A lot in which the rear property line extends conterminously with the property line of the land area, water, shoreline and buffer strip forming Deep Creek Lake which is owned or leased by GPU Energy Corporation, or its successor.
LOT AREA. The area contained within the property lines of a lot of record, including the area within all easements, but excluding the area within all road rights-of-way.
LOT LINE. Any boundary line of a lot:
(a) LOT LINE, FRONT. The legal road right-of-way line. if a “future” right-of-way is designated and legally adopted pursuant to Article 66B, then the front lot line shall be such future right-of-way line.
(b) LOT LINE, REAR. Any lot line which is parallel to or within 45 degrees of being parallel to a road line, except for a lot line that is itself a road line, except that in the case of a corner lot the owner shall have the option of choosing which of the 2 lot lines that are not road lines is to be considered a rear lot line. In the case of a lot having no road frontage or a lot of an odd shape, only the 1 lot line furthest from any road shall be considered a rear lot line.
(c) LOT LINE, SIDE. Any lot line which is not a road line or a rear lot line.
(d) LOT LINE REAR, LAKE FRONT LOTS. Any lot line which is coincident with a property line of the former Pennsylvania Electric property (the “Penelec Line”) as of January 1, 2000. Acquisition of an interest in additional land area from the State of Maryland subsequent to January 1, 2000, shall not affect the rear lot line on lake front lots.
MARINA. A business, all or part of which occupies a waterfront property, providing 1 or more of the following services relating to boats and similar recreational equipment used on or in the water: docking, berthing and incidental repairs in the water; sale of fuel and other boating equipment and supplies; boat hauling, maintenance, repair and overhaul; sale, rental and lease of boats and the like; parking for customers and employees; dry storage, including storage in buildings and short-term outdoor storage incidental to launching or hauling; launching ramp, in accordance with § 157.090(C). A hotel, motel, campground, yacht club or similar use, where docking of boats is incidental to the principal use of the property shall not be considered a MARINA, nor shall boat docks accessory to a multiple-unit dwelling.
MOBILE HOME. See under “Dwellings.”
MOBILE/MANUFACTURED HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes occupied for non-transient use.
MOTOR VEHICLE REPAIR GARAGE. A building or premises intended or operated for the major repair of motor vehicles including body-work, painting, spraying, welding or the storage of vehicles not in operating condition.
NONCONFORMING LOT. A lot or parcel that was legally created but does not currently comply with lot area or width requirements of this chapter for the zoning district in which it is located.
NONCONFORMING STRUCTURE. A legally existing structure that does not conform to dimensional requirements for the zoning district in which it is located, or having off-street parking, off-street loading or accessory buildings that do not conform to current requirements, due to the adoption of this chapter, amendments to this chapter, or changes to the zoning of the property.
NONCONFORMING USE. Any legally established use that no longer conforms to the use regulations of the zoning district in which it is located due to the adoption of this chapter, amendments to this chapter, or changes to the zoning of the property.
OPEN SPACE, COMMON. Protected open space that is owned by a homeowner association.
OPEN SPARE, PROTECTED. An area of land that is protected by a deed restriction or conservation easement to prohibit future subdivision of the land, future development of land and commercial use of the land, other than activities that were specifically approved by the Planning Commission. The following areas of land shall not be used to meet requirements for minimum amounts of PROTECTED OPEN SPACE:
(a) Areas within road rights-of-way or that are occupied by private roads;
(b) Land beneath or within 20 feet of buildings, other than buildings that are specifically approved by the Planning Commission as being consistent with the purposes of the
PROTECTED OPEN SPACE;
(c) Vehicle parking, other than parking that is clearly primarily needed to serve the open space;
(d) Areas needed to meet the requirements for an individual lot; and
(e) Areas within 50 feet of overhead electrical transmission lines of 35 kilovolts or greater capacity, areas within a stormwater detention basin, unless the applicant proves to the satisfaction of the Planning Commission that such area would be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions, areas with a width of less than 20 feet, and areas used by a central sewage treatment plant.
OVERLAY DISTRICT. A zoning district that supplements the regulations of the underlying zoning district in order to respond to special features of a land area, such as physical characteristics, location or other conditions. In this chapter, only the Scenic Protection District is an overlay district.
PERSON. A corporation, institution, partnership, trust, association or any other legal entity as well as a natural individual.
PLANNED RESIDENTIAL DEVELOPMENT or PRD. An area of land to be developed as a single entity for a number of dwelling units, the plan for which does not correspond in lot size, bulk or type of dwelling units, density, lot coverage and/or required open space to the regulations otherwise established by this chapter for the zoning district within which the development is situated. A PRD may also include certain business uses as provided in § 157.067.
PLANNING COMMISSION. The Garrett County Planning Commission.
PUBLIC GOLF COURSE CLUBHOUSE. A building associated with a public golf course providing at least 18 holes of play or more in which facilities, services and activities are provided as an accessory to the 18-hole public golf course. Facilities, services and activities include: golf pro shop, restaurant, lounge, meeting, exercise and locker rooms, and golf cart storage and maintenance facilities.
RESOURCE PARCEL. A protected open space parcel designated for private ownership and use.
RESTAURANT, STANDARD. An establishment for the accommodations of the public equipped with a dining room with facilities for preparing and serving regular meals to be consumed primarily on the premises of the principal building and wherein the average daily receipts from the sale of foods exceed the average daily receipts from the sale of alcoholic beverages.
RESTAURANT, CARRYOUT. An establishment which prepares and sells food products already prepared for consumption, which are generally served in disposable plates, wrappers or containers, to be consumed by customers off the premises, but which may contain 30 or fewer seats for use by eat-in customers.
RESTAURANT, DRIVE-THRU. A fast food restaurant that provides a drive-thru lane by which customers order and receive their food while seated in motor vehicles.
RESTAURANT, FAST FOOD. An establishment that prepares and sells food already prepared for consumption, which are generally served in disposable plates, wrappers or containers, to be consumed by customers inside the building, on a patio, or off the premises, which provides more than 30 seats for use by eat-in customers, and may include drive-through facilities for ordering.
ROAD. A public or private thoroughfare which provides the principal means of access to 3 or more lots, or that is an expressway, but not including an alley or a driveway.
ROAD CARTWAY. The portion of a road designed for vehicle traffic and any areas intended for on-road parking.
ROAD LINE. The dividing line between the road and the lot. The ROAD LINE shall be the same as the legal right-of-way line, provided that where a future right-of-way width for a road is legally
established pursuant to Article 66B of the Annotated Code, then the road line shall be the side of the future right-of-way so established.
ROOMING OR BOARDING HOUSE. A building or part of a building (other than an institutional building) in which lodging is provided by the owner or operator to more than 3 roomers, boarders or lodgers but not more than a total of 10 guest rooms may be provided.
SECTIONAL DWELLING. See under DWELLINGS.
SEWAGE DISPOSAL SYSTEM. A system designed to collect, treat and dispose of sanitary sewage from user(s) in compliance with county and state health regulations.
(a) CENTRAL SEWAGE SERVICE. Service by a sewage disposal system which collects, treats and disposes sewage from more than one dwelling, principal use or lot.
1. COUNTY-APPROVED CENTRAL SEWAGE SERVICE. Central sewage service that meets the requirements for “county approved” service as specified in § 159.115 of the county’s Subdivision Ordinance.
2. PUBLIC SEWAGE SERVICE. Central sewage service by a system that is owned and/or operated by a sanitary district, municipality or the county.
(b) PRIVATE, NON-CENTRAL OR ON-LOT SEWAGE SERVICE. Service by a sewage disposal system that does not meet the definition of “central sewage service.”
SIGN. For the purpose of this chapter, and specifically Article 8, "Sign Regulations" shall have the following defined terms:
(a) BANNER. Any device made of flexible flowing material visible from a public place that displays messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
(b) BANNER, BLADE or FLAG SIGN. A temporary sign affixed to a pole or building.
(c) BLADE. Any device made of flexible flowing material visible from a public place that displays messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
(d) CENTERLINE OF ROADWAY ELEVATION. The average elevation at the centerline of a road measured 100 feet in each direction from a point opposite a proposed on-site sign.
(e) ELECTRONIC MESSAGE CENTER (EMC) SIGN. An electronically activated changeable sign and display whose variable message capability can be electronically programed. An electronic message center sign may have patterned illusionary movement whereby illuminations of the sign or portions of the sign are characterized by simulated movement through alternated or sequential activation of various illuminated elements.
(f) FLAG. Any device made of flexible flowing material visible from a public place that displays messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
(g) FREE-STANDING SIGN. Any sign in contact with, sitting on, or planted in ground.
(h) FREE-STANDING YARD SIGN. A free-standing temporary sign.
(i) GRANDFATHERED SIGN. Any sign existing before 1975 and any sign issued a license prior to the effective date of this chapter.
(j) ILLEGAL SIGN. Any sign not licensed in accordance with the provisions of this chapter.
(k) LICENSED LOCATION. A sign located on property licensed or permitted in accordance with the provisions of this chapter.
(l) LOT LINE. As defined in this section.
(m) NONCONFORMING SIGN. Any sign legally existing as of the date of the adoption of these sign regulations that does not conform to the table of regulations.
(n) OFF-PREMISE DIRECTIONAL SIGN. A free-standing sign located within 20 feet of a road entrance and more than 50 feet from a licensed property location.
(o) ON-PREMISE BUILDING SIGN. A sign attached to a building located on property owned or leased for a licensed location.
(p) ON-PREMISE DIRECTIONAL SIGN. A free-standing sign located within 20 feet of a road entrance and on land owned or leased for a licensed location.
(q) ON-PREMISE SIGN. A free-standing sign situated on property owned or leased for a licensed location.
(r) OUTDOOR ADVERTISING SIGN or BILLBOARD. Any offsite sign that is not located on property owned or leased for a licensed location.
(s) POLE. Any vertical pole, post, or mast.
(t) POLE SIGN. A temporary sign affixed to a pole.
(u) RESIDENTIAL SUBDIVISION SIGN. A free-standing sign located on property owned or maintained as a common element by an association of property owners or homeowners identifying and located within 100 feet of the entrance to a residential subdivision.
(v) SIDEWALK SIGN. A temporary A-frame or T-frame unlighted sign located within 20 feet of a licensed business entrance.
(w) SIGN. Any device visible from a public place that displays messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
(x) SITE DISTANCE. A sign shall not be located as to obstruct or impair site distance at the intersection of any roadways. Sign placement shall allow for an unobstructed view of the intersections, traffic control devices, and a sufficient distance along intersecting roadways to permit drivers to anticipate and avoid potential collisions. (Reference: AASHTO Green Book). Signs shall also comply with § 157.065.
(y) TEMPORARY. A period of time not to exceed the time limit specified in the Sign Chart - Table of Requirements and Regulations in § 157.109.
(z) VISIBLE SIGN. A sign is visible when it can be seen from any public place.
SOLAR ENERGY GENERATING SYSTEM, ACCESSORY. A solar collection system consisting of roof and/or ground-mounted solar collection devices incidental to, and located on the same lot as, a permitted principal use. Solar energy collectors may include photovoltaic, concentrated solar thermal, or solar hot water devices. Such system shall generate electricity for the use and/or benefit of the principal use on the property except incidental excess generated electricity may be provided to the utility company in exchange for a credit.
SOLAR ENERGY GENERATING SYSTEM, COMMERCIAL OR INDUSTRIAL. A facility of solar energy collectors with the primary purpose of wholesale or retail sales of generated electricity with a generating capacity greater than 2 megawatts. Solar energy collectors may include photovoltaic, concentrated solar thermal, or solar hot water devices.
SOLAR ENERGY GENERATING SYSTEM, COMMUNITY. A facility of solar energy collectors meeting the definition given in Maryland Public Utilities Codes § 7-306.2 as of December 1, 2021. Such a system shall have a generating capacity that does not exceed 2 megawatts as measured by the alternating current rating of the system's inverter.
SPECIAL EXCEPTION USE. A use for which the Board of Appeals may grant zoning approval following a public hearing and findings of fact consistent with the provisions of this chapter, and provided the use complies with conditions and standards stated in this chapter.
STRUCTURE. A combination of materials assembled, constructed or erected at a fixed location, the use of which requires location on the ground or attachment to something having location on the ground. The word STRUCTURE shall include any part thereof.
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, of sale or of building development. The term SUBDIVISION shall include a re-subdivision of land, and when appropriate to the context, relates to the process of re-subdividing or to the land or territory subdivided.
SUBDIVISION PLAT. A map of a subdivision and accompanying notations. This term includes sketch plats, preliminary plats, final plats and record plats.
SWIMMING POOL. A structure which contains water over 24 inches in depth and is used or intended to be used for swimming or recreational bathing. This includes in-ground, above-ground, and on-ground swimming pools.
SWIMMING POOL, COMMERCIAL. A swimming pool operated for profit and open to members of the general public.
SWIMMING POOL, COMMUNITY. A swimming pool owned and operated by members of a club, cooperative or association; not operated for profit; and restricted primarily to use by members and their guests.
SWIMMING POOL, PRIVATE. A swimming pool used in connection with a residential use and available only to the family and guests of the householder. Includes hot tubs and spas.
TAVERN. An establishment used primarily for the serving of liquor by the drink to the general public, wherein the average daily receipts from the sale of alcoholic beverages exceed the average daily receipts from the sale of food.
TOWNHOUSE. See under DWELLING.
TRAILERS and OFFICE TRAILERS. A structure standing on wheels and having a roof, towed or hauled by another vehicle and used for carrying materials, goods or objects, or as a temporary office. This structure should not be confused with mobile homes or travel trailers which are designed for human occupancy and defined or regulated elsewhere in this chapter.
TRANSIENT VACATION RENTAL UNIT. A building offering complete living facilities for 1 single-family under 1 roof provided that a maximum of 8 bedrooms and a maximum overnight occupancy of 2 persons per bedroom plus 4 additional persons will be permitted on the property and that the living facilities are rented on the basis of a 14-day period or less to guests. All living facilities must be incorporated into the principal structure and no living quarters may be installed in accessory buildings.
TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation, vacation and other short term uses having a maximum floor area of 400 square feet. A TRAVEL TRAILER shall be designed to have self-contained sanitary facilities, shall have wheels and tires remain on the unit on the site and shall have no enclosed additions affixed to the unit on the site.
TREATMENT CENTER. A use, other than a prison, providing housing facilities for persons who need specialized housing, treatment and/or counseling because of:
(a) Criminal rehabilitation, such as a criminal half-way house or a treatment/housing center for persons convicted of driving under the influence of alcohol;
(b) Addiction to alcohol and/or a controlled substance; or
(c) A type of mental illness that involves or has involved behavior related to violent felony crime. See also the definition of “Group Home” in this section.
USE. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land.
VARIANCE. A modification only of density, bulk or area requirements of this Zoning Ordinance where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property, and not the results of any action taken by the applicant, a literal enforcement of the chapter would result in unnecessary hardship and/or practical difficulty.
WATER SUPPLY SYSTEM. A system designed and operated to supply potable water, and which meets all county and state health regulations.
(a) CENTRAL WATER SERVICE. Service of 2 or more dwellings, principal uses or lots by a WATER SUPPLY SYSTEM.
1. COUNTY-APPROVED CENTRAL WATER SERVICE. “Central water service” that meets the requirements to be designated “county-approved” under § 159.116 of the County Subdivision Ordinance.
2. PUBLIC WATER SERVICE. Central water service by a system that is owned and/or operated by a sanitary district, a municipality or the county.
(b) PRIVATE, ON-SITE OR NON-CENTRAL WATER SERVICE. Service by a “water supply system” that does not meet the definition of “Central Water Service.”
WIND ENERGY DEVICE. A device (usually a turbine) that uses wind energy to produce electricity. Turbines are typically manufactured as “Horizontal Axis” or “Vertical Axis”. WIND ENERGY DEVICES can be classified as industrial, agricultural, or domestic:
(a) AGRICULTURAL WIND ENERGY DEVICE. A single wind energy device situated in an agricultural setting that is designed and intended to utilize wind power to generate electricity, or in the case of certain agricultural applications to power equipment or machinery, such as pumps, gears, wheels, mills, or similar mechanical devices incidental to farming. Energy produced by such devices is primarily intended for the use of the individual landowner upon whose property the device is situated.
(b) DOMESTIC WIND ENERGY DEVICE. A single wind energy device situated in a residential setting that is designed and intended to utilize wind power to generate electricity primarily for the use and/or benefit of the individual landowner upon whose property the device is situated.
(c) INDUSTRIAL WIND ENERGY CONVERSION SYSTEMS (WECS). An aggregation of parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect and battery banks, etc., in such configuration as necessary to convert the power of wind into mechanical or electrical energy. The system may also be referred to as a wind charger, windmill or wind turbine. The energy produced by such systems is intended for sale to large-scale energy providers through the grid system.
WIND FARM, INDUSTRIAL. [Also referred to as “ARRAY”.] Area arranged and dedicated to the construction and maintenance of more than 1 industrial wind energy conversion system. The energy produced by such systems is intended for sale to large-scale energy providers through the grid system.
WIND TURBINE. See WIND ENERGY DEVICE.
YARDS. A portion of a lot adjoining and extending inward from a lot line or road line, and which shall remain unobstructed by buildings or structures or portions thereof except overhanging eaves, gutters or cornices.
(a) YARD, FRONT. A yard adjoining and extending parallel to a road line.
(b) YARD, SIDE. A yard adjoining and extending parallel to a side lot line and lying between a front yard and a rear yard.
(c) YARD, REAR. A yard adjoining and extending parallel to a rear lot line.
ZONING ADMINISTRATOR. The person(s) appointed by the Board of County Commissioners to administer and enforce this chapter and their designees.
ZONING ORDINANCE or THIS CHAPTER. The Deep Creek Watershed Zoning Ordinance, as amended.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Ord. —, passed 8-5-2003; Am. Ord. —, passed 11-29-2005; Am. Res. 2008-6, passed 4-1-2008; Am. Res. 2010-7, passed 5-25-2010; Am. Res. 2014-12, passed 10-7-2014; Am. Res. 2019-8, passed 11-19-2019; Am. Res. 2021-11, passed 12-21-2021; Am. Res. 2024-9, passed 10-7-2024)