A.Â
Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter.
B.Â
To amplify and clarify all provisions of this chapter, the following rules shall apply:
(1)Â
Words used in the present tense shall include the future tense; words used in the singular number shall include the plural number, and the plural number shall include the singular number, unless the obvious construction of the wording indicates otherwise.
(2)Â
The word "shall" is mandatory and not discretionary.
(3)Â
The word "may" is permissive.
(4)Â
The word "lot" shall include the words "piece," "parcel" and "plots"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrase "arranged for" and "occupied for."
(5)Â
"Person(s)" includes corporations, partnerships, associations and other entities.
(6)Â
"Used" or "occupied" as applied to land or a building shall include intended or planned uses.
C.Â
Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.
As used in this chapter, the following terms shall have the meanings indicated:
A use or structure subordinate to the principal use and customarily incidental to the principal use.
The process of reusing an old site or building for a purpose other than which it was originally built or designed for.
An alternative to the standard variance procedures available only if a development project meets specific criteria.
The use of land for normal agricultural purposes, including farming, apiculture, horticulture, floriculture, viticulture, forestry and tree farming and the usual and necessary accessory uses for packing, treating or storing the produce produced upon the land. The following shall not be included in the definition of "agriculture": dairy farming, chicken farming or any form of animal or poultry husbandry.
Airbnb or homestay refers to an online marketplace that enables people to list, discover and rent unique spaces. Property owner must register with the Town and provide: owner name, address and emergency contact number.
A public or private way affording secondary access to abutting properties.
A change or rearrangement in an existing building, including any enlargement thereof in area or height or removal from one location to another on the same lot.
Equipment installed to utilize renewable energy sources including solar, wind, hydro, and geothermal.
A dwelling in a building separated by vertical and horizontal building walls with, at minimum, a kitchenette and bathroom.
A retail store selling art, glass, ceramics, jewelry, paintings, sculpture and other similar handcrafted items that are small run or one-of-a-kind items, where the store includes an area for the crafting of the items sold.
The portion of a building that is more than 12 inches below the adjacent grade and having at least 1/2 of its height above grade.
A single-family dwelling, occupied by the owner or operator in which overnight sleeping rooms are rented on a short-term basis to transients and at which no meal other than breakfast is served to guests, which is included in their room charge.
A sign which directs attention to a business, commodity, service, organization or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
One side of a street between two consecutive intersections.
A private dwelling or part thereof where lodgings with or without meals are provided for compensation to persons not transient.
The line at which construction of a building facade is to occur on a lot. A build-to line runs parallel to, and is measured from, the front property line and is established to create a more or less even building facade line on a street.
Any structure having a roof supported on columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
The vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
The line established by law or agreement beyond which a building may not extend.
FRONT BUILDING LINEThe line nearest the front of a lot between the sidelines thereof establishing the minimum distance the building must be set back from the front lot line.
REAR BUILDING LINEThe line nearest the rear of the lot between the lot lines establishing the minimum distance the building must be set back from the rear of the lot line.
SIDE BUILDING LINESThe line(s) nearest the side(s) of the lot establishing the minimum distance the building must be set back from the side lot line(s).
A covered motor vehicle parking structure accessory to a one- or two-family dwelling unit.
That portion of a building having more than 1/2 of its clear height below the average grade of the lot.
A building of worship and religious instruction, including a meeting house, mission, temple, cathedral, synagogue, mosque, chapel, shrine or convent. The term shall include buildings and all customary accessory uses or structures, including, but not limited to, a chapel, day-care center, school of general instruction, gymnasium, or social hall.
Person or persons, company, association, entity, agency or government, or a representative of any of these, appointed by the Mayor and Council from time to time, to cover the herein described duties of the Zoning Ordinance, even though their official title or office is not called "Code Enforcement Officer."
That portion of a development, including land and/or water, intended for the use and enjoyment of the residents of the development, but not including streets, off-street parking areas and areas set aside for public facilities.
The Snow Hill Comprehensive Plan of 1986 as the same may be amended from time to time.
See "special exception."
A type of development as defined and regulated by the Maryland Condominium Act,[1] as amended from time to time, which may include all of the dwelling types hereinafter defined except townhouses built upon individual lots and which shall be subject to and regulated by the provisions of this chapter applicable to a particular dwelling type. A "condominium" in the nature or style of a townhouse shall be permitted where townhouses are permitted and shall be subject to the minimum requirements and regulations applicable to townhouse developments.
An open unoccupied portion of a lot, other than a yard, which is bounded on two or more sides by the wall of a building.
A nursery school or caretaking facility providing daytime adult supervision and care for not fewer than three persons not members of the caregiver's family in the caregiver's home or in a building outside of the home; "day-care center" does not include a day-care home, as herein defined.
A dwelling unit in which daytime adult supervision is provided for up to eight children not members of the caregiver's family under the age of 16 and in which the caregiver regularly resides. This shall be considered a home occupation.
Any building or part thereof occupied exclusively for residential purposes, not including a tent, cabin, trailer, recreational vehicle or a room in a motel, hotel, inn or bed-and-breakfast establishment.
SINGLE-FAMILY DWELLINGA detached dwelling unit designed for or used exclusively for residential purposes by one family or housekeeping unit, having at least 500 square feet of livable gross floor area.
DUPLEXTwo dwelling units which are attached side by side by a party wall and having one side yard adjacent to each dwelling unit.
TWO-FAMILYTwo dwelling units which are located one over the other and having two side yards.
TOWNHOUSEThree or more dwelling units which each occupy a separate lot and which are attached side by side by party walls and having a side yard adjacent to each end unit.
MULTIFAMILYA single building containing three or more dwelling units.
A building or portion thereof intended to be occupied by a single-family unit.
See "agriculture."
Any structure regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
The distance measured from the existing grade to the top of the fence.
The sale or offering for sale of five or more new, used or secondhand items of personal property at any one residential premises at any one time. Includes all sales in residential areas entitled "garage sales," "yard sales," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.
A building for the noncommercial storage of one or more motor vehicles.
A building for the commercial storage, repair, rental or servicing of motor vehicles.
The average surface elevation of a lot after the completion of final grading.
The average elevation of the original or undisturbed surface of a lot.
The average elevation of the surface of a lot immediately prior to the final grading.
A business, including a professional office, conducted in a dwelling or a single accessory building.
An establishment for transients consisting of any number of sleeping rooms in permanent buildings, each room or suite of rooms having complete sanitary facilities and separate entrances, including hotel, motel, lodge, tourist park and similar establishments, but not including a boarding- or lodging house, inn or bed-and-breakfast establishment.
A commercial facility not meeting the criteria of hotel or motel set out above and not a boarding- or rooming house, for the serving of meals and/or the housing of transients.
A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
The use of any lot for breeding, keeping, boarding or training for fee, whether in special buildings or runways or not, including but not limited to dog and cat kennels.
Property that combines residential living space with commercial or office space.
Space designed for bulk pickups and deliveries by highway transport or delivery vehicles and accessible to such vehicles when off-street parking spaces are filled.
A plot or parcel of land having at least the minimum area required by this chapter for a lot in the district in which such lot is situated and having its principal frontage on a public street or approved private street or road. Parcels in single ownership separated by a road shall be considered as separate parcels. (See the applicable provisions of Article X for other lot definitions and methods of measurement.)
The property line running along the front of the lot separating it from the public or approved private street.
The lot line or lines generally opposite or parallel to the front lot line; except that in a through lot there is no rear lot line. If the rear lot line is less than 10 feet long or the lot comes to a point at the rear, such rear lot line is assumed to be a line not less than 10 feet long, lying wholly within the lot, parallel to the front lot line or, in the case of a curved front lot line, parallel to the chord of the arc of such curved lot line.
Any lot line other than a front lot line or rear lot line.
A tax parcel that existed as of November 1, 1966.
A lot abutting two or more intersecting public or private streets at their intersection. A corner lot shall provide a front yard along all property lines abutting a public or approved private street. Corner lots need to provide only one rear yard.
The side or sides of a lot which abut a public or approved private street.
The area of a lot, parcel or other piece of land shall be calculated as the area bounded by the property lines, except that public and private rights-of-way and state private wetlands as designated on the wetlands boundaries maps of the State Department of Natural Resources shall not be included as part of the lot area unless specifically permitted for the structure or use involved. Easements may be included in lot area, and private wetlands and easements may be included as part of any yard setback unless otherwise provided elsewhere in this chapter. The term "lot area per dwelling unit" shall be computed as the total lot area divided by the total number of all dwelling units located or to be located on the lot.
A lot, other than a corner lot, extending through from street to street. Through lots shall provide the required front yard on both streets, but need not provide the required rear yard.
Any device or equipment associated with or a part of a solar energy system, such as but not limited to electrical control units, transformers, inverters, switching equipment, electrical cabinets, pumps, regulators and the like that transfer, transmit, switch or regulate the energy produced by the system and transfer the energy to the on-site building or dwelling where the energy is consumed. Mechanical equipment shall not include wires, cables or pipes.
Any product containing usable cannabis or medical cannabis finished product.
Any tower and its supporting structure which holds or supports equipment and telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous information or to characterize long-term trends in wind resources at a given location.
A building that contains allowed commercial uses and allowed residential uses.
A detached residential or business unit containing not less than 500 square feet of gross livable floor area in the original manufactured unit, designed and intended for repeated or periodic transportation in one or more sections on the highway on a chassis which is permanent or designed to be permanent and arriving at the site where it is to be occupied, complete and ready for occupancy except for minor and incidental unpacking and assembly of sections, location on jacks or other foundations, connection to utilities and the like. Units commonly known as "double-wides" and any unit classified as a mobile home by an applicable financing or construction standard, including, without limitation, the United States Department of Housing and Urban Development regulations, State Department of Economic and Community Development regulations and state or federal law as such laws or regulations are in effect as of the date of passage of the chapter, shall be considered a mobile home. The placing of a mobile home on a permanent foundation or the construction of additions, porches and the like shall not change the classification of such mobile homes. Recreational trailers and vehicles and modular homes are not considered mobile homes.
A detached residential or business unit, built to the specifications of a recognized building code, containing not less than 500 square feet of gross livable floor area in the original manufactured unit, designed and intended for delivery by transportation on the highway for permanent assembly in a permanent and separately constructed foundation. A modular home may be considered a single-family dwelling. A modular home must meet the requirements and definitions of the Maryland Industrialized Building and Mobile Homes Act[2] as in effect as of the date of passage of this chapter.
See Article VII.
A proprietary facility, licensed by a governmental authority, for the accommodation of persons who require skilled nursing care and related medical services but are not in need of hospital care.
Predominantly undeveloped land which should remain permanently open to serve important public purposes.
A device or system designed and maintained to prohibit the uncontrolled rotation of the wind energy conversion system's rotors or blades beyond their operational limitations.
A permanently surfaced area of one or more parking spaces designed or used for the parking of self-propelled vehicles and available to the public, whether for a fee or as an accommodation to clients or occupants.
A permanently surfaced area of not less than nine feet wide and 18 feet long, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
A form of overspeed protection whereby the angle of attack of the blade airfoil is increased by the flexing of the blade from excessive wind speeds until the lift force on the blade stops acting and the blade's rotation is slowed or stopped or a system employing blades angled such that winds above a given speed create turbulence on the upwind side of the blade to limit or stop the blades' rotation.
Subject to applicable district and other regulations, such use or structure may be conducted or erected on any legal lot within the districts so specified without the prior approval of the Mayor and Council, Planning Commission or Board of Appeals.
An accurate drawing or map of property that shows the size and configuration of the property and the size and precise location of most man-made features (i.e., buildings, driveways, utility lines and walls or fences) on the property. Plot plans show both what currently exists on the property and what the desired physical changes are, that will change the physical appearance of the land and man-made features.
The primary activity or structure for which a site is used. A principal use or structure may be either a permitted principal or a special exception use or structure.
Office of a physician, lawyer, dentist, architect, accountant, planner, engineer, theologian or similar member of a recognized profession.
The boundary of a lot or group of lots used in combination. Where there is a street adjacent to a boundary line, setbacks shall be measured from the right-of-way line unless otherwise required by this chapter.
Any land or structure owned and operated by a public or quasi-public jurisdiction or agency for the public benefit.
A notice published in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the public hearing and a summary of the matter to be considered at the hearing. The publication of notice shall be at least 10 days prior to the hearing.
Any use or structure, except essential services, which provides to the general public such services as water, sewerage, sewage treatment, electricity, piped gas or telecommunications.
A land or water area legally separated from abutting properties, used for travel, access, utility location or other purposes.
See "street."
A stand, vehicle or structure used or designed to be used for the display or sale of agricultural products.
The cross-sectional dimension of the circle swept by the rotating blades.
A dwelling, cabin, lodge or summer house which is intended for occupancy for less than six months or 182 days of the year.
Facilities such as wires, lines, cables or pipes and supporting structures thereof that are reasonably necessary to provide local properties with water, sewer, gas, electric, telecommunications or similar services. Such facilities may be located in public rights-of-way, in special easements or on customers' property. Wastewater treatment facilities, cross-country electric transmission lines, telephone trunk lines, microwave stations, transmission pipelines and radio or television transmission or receiving structures shall not be included in "essential services."
Any device for visual communication designed to attract or inform the public. See Article XIII.
Any system or device located on or adjacent to a building and designed to harness solar radiation to heat water for use in a building's domestic water system, swimming pool, hot tub or other similar fixture or to heat air, water or any other liquid or gas which is then used to condition a space occupied by humans or animals.
Any device or facility that converts solar energy into electrical energy either directly, as in the case of photovoltaic cells, or indirectly by first capturing and/or concentrating solar radiation for the purpose of converting any liquid to a gas used to fuel or propel an electrical generator.
A ground-mounted solar energy system with a rated capacity of 200 kilowatts or greater whose principal purpose is to provide electrical power for sale to the general power grid.
A ground-mounted solar energy system with a rated capacity greater than five kilowatts but less than 200 kilowatts or a roof-mounted solar energy system of any capacity in excess of five kilowatts and serving, or designed to serve, any agricultural, residential, commercial, institutional or industrial use on a single lot or parcel or group of adjacent lots or parcels.
A solar energy system with a rated capacity of five kilowatts or less and serving, or designed to serve, any agricultural, residential, commercial, institutional or industrial use on a single parcel or lot. Individual photovoltaic cells or small groups of such cells attached to and used to either directly power, or charge a battery which does so, an individual device such as a light fixture, fence charger, radio or water pump shall not be considered a small energy power generation facility as defined herein and may be used in any zoning district without regard to lot or setback requirements.
A permitted use under the provisions of this chapter as authorized in specific instances listed and under the terms, procedures and conditions prescribed herein. See the applicable provisions of Article VI.
That portion of a building included between the surface of any floor and the surface of the floor next above it or if there is no floor above it, then the space between such floor and the ceiling above it.
A story under a sloping roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
A public right-of-way over land 50 feet or more in width which provides a means of public access to abutting properties or such a public right-of-way not less than 30 feet in width which existed prior to the date of passage of this chapter. An approved private street or road is one which meets the right-of-way requirements of a public street above, is approved by the Planning Commission and is privately owned. The term "street" includes avenue, boulevard, road, highway, freeway, parkway, lane, circle or similar term.
The line dividing a lot from the full street right-of-way, not just the travel lanes.
Anything constructed having a stationary location on or in land or water, whether or not affixed to the land. It includes but is not limited to buildings, platforms, sheds, walls, fences, signs and swimming pools.
As defined in the currently adopted building code.
The vertical distance from the ground level to the tip of a wind generator blade at its highest point of rotation.
The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
See the applicable provisions of § 200-33, Powers.
In the case where land abuts tidal waters, the boundary line between wetlands and fastlands as defined by the Maryland Wetlands Act[3] and as shown in the Official Wetlands Boundary Maps of the State Department of Natural Resources.
In the case where land abuts nontidal waters, the boundary line between nontidal wetlands and fastlands or the boundary line between fresh water and fastlands.
An electrical generating facility consisting of a wind turbine, generator and other accessory structures and buildings, electrical infrastructure and other appurtenant structures and facilities. For the purposes of this section, wind energy conversion systems shall be categorized as follows:
SMALL WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of a single wind turbine, generators, a tower and associated controls which has a total rated capacity of 20 kilowatts or less and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.
MEDIUM WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than 20 kilowatts but not greater than 100 kilowatts and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.
LARGE WIND ENERGY CONVERSION SYSTEMA wind energy conversion system consisting of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than 100 kilowatts and designed to provide electrical energy to the power grid as well as provide energy to the facilities wherein the system is located.
Any machine that converts the wind's kinetic energy into rotary mechanical energy.
See the applicable provisions of Article X.
An open, unoccupied space lying between the front line of the lot and the front setback line as designated in the district regulations, extending the full width of the lot. Where the width of the lot as measured along the front setback does not meet the required minimum lot width, the front setback line shall be moved toward the rear of the lot until the minimum width requirement is met.
An open, unoccupied space lying between the rear line of the lot and the rear setback line as designated in the district regulations, extending the full width of the lot.
An open, unoccupied space lying between the side lot line and the side setback line as designated in the district regulations, extending between the front and rear setback lines. Any lot line which is not a rear lot line or a front lot line shall be deemed a side lot line.
The Official Zoning Map of Snow Hill, Maryland.[4]
[1]
Editor's Note: See Title 11 of the Real Property Article of the Annotated Code of Maryland.
[2]
Editor's Note: See the Public Safety Article of the Annotated Code of Maryland, § 12-301 et seq.
[3]
Editor's Note: See § 16-101 et seq. of the Environmental Article of the Annotated Code of Maryland.
[4]
Editor's Note: The Zoning Map is on file in the Town offices and may be examined there during regular business hours.
