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.
ABATEMENT
The act of putting an end to a land alteration or development
activity or reducing the degree or intensity of the alteration or
activity.
ACCESSORY APARTMENT
A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility. Such a dwelling is an accessory use to the main dwelling (see Article
XI).
ACCESSORY STRUCTURE
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
ACCESSORY USE
A use that is incidental or subordinate to, and on the same lot as, a principal use (see Article
X).
ADDITION
Construction that increases the size of a structure.
ADULT DAY-CARE CENTER
A public or private institution, agency, or establishment
where care is provided for less than 24 hours per day to adults who
are 16 years old or older; live alone or with a spouse, relative or
friend; and have a disability that is a reasonably static physical
impairment that prevents gainful employment or the accomplishment
of the routine of normal daily activities outside of an institutional
or sheltered environment, or a permanent or recurrent mental impairment
that requires domiciliary of institutional care in a sheltered environment.
Also included in this definition is care provided for the elderly
who are 55 years old or older; live alone or with a spouse, family
relative, or friend; need temporary supervision and care during part
of a day in a protective group setting; and have a disability that
is a reasonably static physical impairment that prevents gainful employment
or the accomplishment of the routine of normal daily activities without
assistance, or is a permanent or recurrent mental impairment.
AFFORDABLE HOUSING
A housing project for low- to moderate-income Town residents
in which the rent or mortgage does not exceed 30% of the gross household
income. A low- to moderate-income household earns 50% or less of the
area median household income.
AFFORESTATION
The establishment of a tree crop on an area from which it
has always or very long been absent, or the planting of open areas
which are not presently in forest cover.
AGGREGATE
The combined distance of both side yard setbacks.
AGRICULTURAL EASEMENT
A nonpossessory interest in land which restricts the conversion
of use of the land, preventing nonagricultural uses.
AGRICULTURE
All methods of production and management of livestock, crops,
vegetation, and soil. This includes, but is not limited to, the related
activities of tillage, fertilization, pest control, harvesting, and
marketing. It also includes, but is not limited to, the activities
of feeding, housing, and maintaining of animals such as cattle, dairy
cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
This definition does not include gardening or the raising of up to
eight domesticated chickens in a residential zone as a hobby.
ALLEY
A right-of-way that provides secondary service access for
vehicles to the side or rear of abutting properties.
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.
AMENITY SPACE
Space devoted to such uses as uncovered open space for public
enjoyment consisting of such things as, but not limited to, green
areas, gardens, malls, plazas, walks, pathways, promenades, arcades,
lawns, fountains, decorative plantings, and passive or active recreational
areas. Such space shall not include parking or maneuvering areas for
vehicles. Area devoted to this purpose shall be easily and readily
accessible to the public or residents of the development. In areas
where pedestrian walkways are shown on an approved and adopted master
plan or sector plan, such area within the percentage required for
amenity space as is necessary shall be devoted to the provision of
pedestrian walkways or paths for general public use.
ANADROMOUS FISH
Fish that travel upstream (from their primary habitat in
the ocean) to freshwater in order to spawn.
ANADROMOUS FISH PROPAGATION WATERS
All streams that are tributary to the Chesapeake Bay and
Atlantic coastal bays in which the spawning of anadromous species
of fish (e.g., rockfish, striped bass, yellow perch, white perch,
shad, and river herring) occurs or has occurred. The streams are identified
by the Department of Natural Resources.
ANNEXATION
The act or process of adding land to the Town in the manner
specified by the Local Government Article of the Maryland Annotated
Code.
ANTENNA
Equipment designed to transmit or receive electronic signals.
AQUACULTURE
(1)
Farming or culturing of finfish, shellfish, other aquatic plants
or animals or both, in lakes, streams, inlets, estuaries, and other
natural or artificial water bodies or impoundments;
(2)
Activities include hatching, cultivating, planting, feeding,
raising, and harvesting of aquatic plants and animals and the maintenance
and construction of necessary equipment, buildings, and growing areas;
and
(3)
Cultivation methods include, but are not limited to, seed or
larvae development and grow-out facilities, fish ponds, shellfish
rafts, rack and longlines. For the purpose of this definition, related
activities such as wholesale and retail sales, processing and product
storage facilities are not considered aqua cultural practices.
ASSISTED LIVING FACILITY
A public or private residential facility that provides housing
and supportive services, supervision, personalized assistance, health-related
services, or a combination of these services to meet the needs of
residents who are unable to perform or who need assistance in performing
the activities of daily living in a way that promotes optimum dignity
and independence for the residents. A small assisted living facility
shall include providing services for eight or fewer individuals. A
large assisted living facility shall include providing services for
more than eight individuals.
AUTOMOBILE PARKING LOT, PARKING GARAGE, PUBLIC AND PRIVATE
A lot or building or part thereof, whether public or private,
designed and used for the parking of motor vehicles, whether for compensation
or not. Such lot or building or part thereof is not to be used for
the storage of dismantled or wrecked vehicles, parts thereof, or junk.
AUTOMOBILE PARTS OR ACCESSORIES
A store that sells new automobile parts, tires, and accessories.
It may also include minor part installation but does not include tire
recapping.
AUTOMOBILE SALES AND SERVICE
Premises on which new or used passenger automobiles or trucks
less than one ton and in operating condition are displayed and sold
and where an accessory service repair or warranty work is conducted
on the premises.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year. Also known as the "100-year flood."
BASEMENT
A story partly underground and having at least 1/2 of its
height above the average adjoining grade. A basement shall be termed
a cellar when more than 1/2 of its height is below the average adjoining
grade. A basement or cellar shall be counted as a story if the vertical
distance from the average adjoining grade to the ceiling is over five
feet.
BED-AND-BREAKFAST
"Bed-and-breakfast" or "tourist home" means a single-family, owner-occupied dwelling that provides for the lodging of up to eight transient guests at any one time, none of whom remain for more than 14 consecutive nights each, and that provide no food or beverage service for the transient guests other than breakfast provided in the area of the dwelling that is generally used by the resident family for the consumption of food (see Article
XI).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
BEST MANAGEMENT PRACTICES (BMPS)
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal waste, toxics and sediment. Agricultural
BMPs include, but are not limited to, strip cropping, terracing, contour
stripping, grass waterways, animal waste structures, ponds, minimal
tillage, grass and naturally vegetated filter strips, and proper nutrient
application measures.
BLIGHTED AREA
Any area in which a majority of buildings have declined in
productivity by reason of obsolescence, depreciation or other causes
to an extent that they no longer justify fundamental repairs and adequate
maintenance; or in which dwellings predominate that, by reason of
depreciation, overcrowding, faulty arrangement or design, lack of
ventilation, light or sanitary facilities or any combination of these
factors, are detrimental to the public safety, health or morals.
BLOCK
That property abutting one side of a street and lying between
the two nearest intersecting or intercepting streets or the nearest
intersecting or intercepting street and railroad right-of-way, unsubdivided
acreage, river, or live stream, or between any of the foregoing and
any other barrier to the continuity of development.
BOARD
The Town of Indian Head Board of Appeals.
BUFFER
A naturally vegetated area or vegetated area established
or managed to protect aquatic, wetland, shoreline, and terrestrial
environments from man-made disturbances. An area on a lot or parcel
that parallels the side and/or rear property lot line(s) that extends
into the lot from the property line, and which is included within
the building setback line. The buffer is an area that may contain
a berm, wall, or natural growth, or combination thereof, which shall
serve as barrier to vision, light, or other nuisances between adjoining
properties, wherever required by this chapter. Whenever used for screening
or buffering purposes, "natural growth" shall be taken to mean coniferous,
trees, bushes and shrubbery.
BUFFER MANAGEMENT PLAN
A narrative, graphic description, or plan of the buffer that
is necessary when an applicant proposes a development activity that
will affect a portion of the buffer, affect buffer vegetation, or
require the establishment of a portion of the buffer in vegetation.
Buffer management plan includes a major buffer management plan, a
minor buffer management plan, or a simplified buffer management plan
as described in this chapter.
BUFFER, CRITICAL AREA
The area, based on conditions at the time of development,
that is immediately landward from mean high water of tidal waterways,
the edge of bank of a tributary stream, or the edge of a tidal wetland.
The area may exist, or may be established, in natural vegetation to
protect a stream, tidal wetland, tidal waters, or areas that are not
naturally vegetated and may be developed or disturbed. The minimum
buffer width is 100 feet, or 200 feet for new lots in the RCA; and
also includes any expansion for contiguous areas, including a steep
slope, hydric soil, highly erodible soil, nontidal wetland, or a nontidal
wetland of special state concern as defined in COMAR 26.23.01.01.
BUFFERYARD
A combination of setback and a visual buffer or barrier in a yard or area, together with the planting required thereon (see Article
XVIII).
BUILD-TO LINE
An alignment which dictates the front yard setback from a
street or public right-of-way, to be followed by buildings or structures
fronting thereon. The build-to line does not apply to building projections
or recesses.
BUILDING
A structure designed to be used as a place of occupancy,
storage or shelter. A structure other than a tent or travel trailer,
which has one 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. For purposes this chapter, a "building" is
a structure created to shelter human activity.
BUILDING PERMIT
A permit issued by the Zoning Administrator that authorizes
the recipient to make use of property in accordance with the requirements
of this chapter, plus other requirements as indicated by the Zoning
Administrator.
BUILDING SCALE
The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding
buildings.
BUILDING SETBACK LINE
A line beyond which the foundation wall and/or any enclosed porch, vestibule, or other enclosed portion of a building shall not project (except as provided in Article
XII).
BUILDING, FLOOR AREA OF
The total number of square feet area in a building, excluding
cellars, uncovered steps, and uncovered porches, but including the
total floor area of accessory buildings on the same lot. All horizontal
measurements shall be made between interior faces of walls. This definition
also applies to floor area.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of finished ground surface along the front of the building to the
highest point of roof surface of a flat roof; to the deck line of
a mansard roof; and to the mean height level between the eaves and
ridge of a gable, hip, or gambrel roof. If a building is located on
a terrace, the height above the street grade may be increased by the
height of the terrace.
CALIPER
The diameter measured at two inches above the root collar.
CANOPY
A permanent rooflike structure which may be freestanding
or projected from a wall of a building or its supports.
CERTIFY
Whenever this chapter requires that some agency certify the
existence of some fact or circumstance to the Town, the Town may require
that such certification be made in any manner that provides reasonable
assurance of the accuracy of the certification. By way of illustration,
and without limiting the foregoing, the Town may accept certification
by telephone from some agency when the circumstances warrant it, or
the Town may require that the certification be in the form of a letter
or other document.
CHILD DAY-CARE CENTER or NURSERY
A public or private institution, agency, or establishment
that is licensed by the State of Maryland and provides care to nine
or more children younger than 16 years of age in a facility located
outside the home of the child's parent(s) or legal guardian(s) for
part of a twenty-four-hour day on a regular basis and at least twice
a week. Such a facility is generally described as a "child-care center,"
"day-care center," "day nursery," "nursery school," "parent cooperative,"
"preschool," "play group," "drop-in center," or similar term.
CIRCULATION AREA
That portion of the vehicle accommodation area used for access
to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles)
comprise the circulation area.
CLINIC
An establishment where patients are treated by specialists
in various ailments practicing as a group.
CLUSTER DEVELOPMENT
A residential development to which dwelling units are concentrated
in a selected area or selected areas of the development tract so as
to provide natural habitat or other open space uses on the remainder.
COLONIAL NESTING WATER BIRDS
Includes herons, egrets, terns, and glossy ibis. For the
purposes of nesting, these birds congregate (that is, "colonize")
in relatively few areas, at which time the regional populations of
these species are highly susceptible to local disturbances.
COMAR
The Code of Maryland Regulations, as from time to time amended,
including any successor provisions.
COMMISSION
The Town of Indian Head Planning Commission.
COMMUNITY (OR REGIONAL), ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities or by municipal or other parties, of underground
or overhead electrical, gas, communication, steam, water or sewer
transmission, distribution, collection, supply or display lines, including
poles, crossarms, guy wires, towers, repeaters, booster switches,
transformers, regulators, pumps, mains, drains, sewers, pipes, conduits,
wires, cables, fire alarm boxes, police call boxes, traffic signals,
hydrants and other similar accessories and equipment used in connection
with and constituting integral parts of such lines and reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or for protection of public
health, safety or general welfare, but not including buildings, yards
or stations used for storage, repair or processing of equipment or
material and not for transforming, boosting, switching or pumping
purposes when such facilities are constructed on the ground.
COMMUNITY GARDEN
An area of land that is planted, cultivated, maintained and
harvested by various participating members of the community for their
own hobby and consumption and not for commercial purposes.
COMMUNITY PIERS
Boat docking facilities associated with subdivisions or similar
residential areas, and with condominium, apartment and other multiple-family
dwelling units. Private piers are excluded from this definition.
COMMUNITY, PHILANTHROPIC INSTITUTION
A private nonprofit organization which is not organized or
operated for the purpose of carrying on a trade or business, no part
of the net earnings of which inures to the benefit of any member of
said organization or individual, and which either provides volunteer
aid to the sick and wounded armies in time of war and national relief
in case of great calamities or provides all or any of the following:
religious, social, physical, recreational and benevolent services.
COMPREHENSIVE PLAN
The Town of Indian Head Comprehensive Plan adopted by the
Town Council on February 1, 2010, and any future amendments, revisions
or updates that may be officially adopted by the Town Council. A composite
of mapped and written text, the purpose of which is to guide the systematic
physical development of the Town, which is adopted by the Mayor and
Council and includes all changes and additions thereto made under
the provision of the Annotated Code and the Land Use Article.
CONDOMINIUM
An estate in real property consisting of an undivided interest
in common with other purchasers in a portion of a parcel of real property,
together with separate interest in space in a residential building,
such as an apartment. A condominium may include, in addition, a separate
interest in other portions of such real property.
CONFERENCE CENTER
A structure or group of structures designed, used or intended
to be used by more than 50 individuals for the purpose of gathering
or meeting. Excluded from the definition are schools, hospitals, public
institutions, houses of worship, and fire assembly halls when capacity
is less than 400 persons.
CONFORMING
A parcel or lot that meets all Critical Area requirements.
"Conforming" does not include a parcel or lot for which a Critical
Area variance is sought or has been issued; or that is located in
the resource conservation area and is less than 20 acres.
CONSERVATION EASEMENT
A nonpossessory interest in land which restricts the manner
in which the land may be developed in an effort to reserve natural
resources or open space.
CONSOLIDATION
A combination of any legal parcel of land or recorded legally
buildable lots into fewer lots or parcels than originally existed.
Consolidation includes any term used by the Town for a development
application that proposes to combine legal parcels of land or recorded,
legally buildable lots into fewer parcels or lots than the number
that existed before the application, a lot line abandonment, a boundary
line adjustment, a replatting request, and a lot line adjustment.
CONVENIENCE STORE
A one-story, retail store containing less than 4,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages, and other household supplies to customers who purchase
only a relatively few items (in contrast to a supermarket). It is
designed to attract and depends upon a large volume of stop-and-go
traffic. Illustrative examples of convenience stores are those operated
by the 7-11® and Dash In® chains.
CRITICAL AREA
All lands and waters within or adjacent to the Town of Indian Head as defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland, and further regulated under Article
IX of this chapter. They include:
(1)
All waters of and lands under the Chesapeake Bay and its tributaries
to the head of tide as indicated on the state wetlands maps and all
state and private wetlands designated under Title 16 of the Environment
Article, Annotated Code of Maryland;
(2)
All land and water areas within 1,000 feet beyond the landward
boundaries of State or private wetlands and the heads of tides designated
under Title 16 of the Environment Article, Annotated Code of Maryland;
and
(3)
Modification to these areas through inclusions or exclusions
proposed by the Town of Indian Head and approved by the Commission
as specified in § 8-1807 of the Natural Resources Article,
Annotated Code of Maryland.
DAY-CARE HOME
A residence licensed by the State of Maryland in which care
is given to a child in place of parental care, for less than 24 hours
a day, in a residence located outside the home of the child's parents
for which the day-care provider is paid. No more than eight children
under the age of six, consisting of no more than four children under
age two, including the provider's own, may be provided for.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
DENSITY
For residential developments, the number of dwelling units
per acre within a defined and measurable area. For nonresidential
developments, floor area ratio (FAR).
DEVELOPED WOODLANDS
An area of trees or trees and natural vegetation that is
interspersed with residential, commercial, industrial, or recreational
development.
DEVELOPER
A person who is responsible for any undertaking that requires
a zoning permit, special exception permit, sign permit, or subdivision
approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
DEVELOPMENT
Any activity that materially affects the condition or use
of dry land, land under water, or any structure.
DEVELOPMENT ACTIVITIES
Human activity that results in disturbance to land, natural
vegetation, or a structure.
DIMENSIONAL NONCONFORMITY
A nonconforming situation that occurs when the height, size,
or minimum floor space of a structure or the relationship between
an existing building or buildings and other buildings or lot lines
does not conform to the regulations applicable to the district in
which the property is located.
DISTURBANCE
An alteration or change to the land. It includes any amount
of clearing, grading, or construction activity. "Disturbance" does
not include gardening or maintenance of an existing grass lawn.
DOCUMENTED BREEDING BIRD AREAS
Forested areas where the occurrence of interior dwelling
birds, during the breeding season, has been demonstrated as a result
of on-site surveys using standard biological survey techniques.
DRIVE-IN ESTABLISHMENT
A place of business being operated for the retail sale of
food and other goods, services, or entertainment. It is designed to
allow its patrons to be served or accommodated while remaining in
their automobiles or to allow the consumption of any food or beverage
obtained from a carry-out window in automobiles or elsewhere on the
premises.
DRIVEWAY
That portion of the vehicle accommodation area that consists
of a travel lane bounded on either side by an area that is not part
of the vehicle accommodation area.
DUPLEX
See "residence, duplex."
DWELLING
A building, or portion thereof, designed or used exclusively
for residential occupancy, including single-family dwellings, two-family
dwellings, and multifamily dwellings (not including hotels and motels).
DWELLING UNIT
A single unit providing complete, independent living facilities
for at least one person, including permanent provisions for sanitation,
cooking, eating, sleeping, and other activities routinely associated
with daily life. "Dwelling unit" includes living quarters for a domestic
or other employee or tenant, an in-law or accessory apartment, a guesthouse,
or a caretaker residence.
DWELLING, ATTACHED
A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls.
ECOSYSTEM
A more or less self-contained biological community, together
with the physical environment in which the community's organisms occur.
ELDERLY AND/OR PHYSICALLY IMPAIRED
(1)
People who are 62 years of age or over.
(2)
Families where either the husband or wife is 62 year of age
or older.
(3)
People who have physical impairments which are expected to be
of long-continued and indefinite duration, substantially impede the
ability to live independently, and are of such a nature that the ability
to live independently could be improved by more suitable housing conditions.
ENDANGERED SPECIES
Any species of fish, wildlife, or plants that have been designated
as endangered by regulation by the Secretary of the Department of
Natural Resources. Designation occurs when the continued existence
of these species as viable components of the state's resources are
determined to be in jeopardy. This includes any species determined
to be an endangered species pursuant to the Federal Endangered Species
Act, 16 U.S.C. § 1531 et seq., as amended.
ESTABLISHMENT
The planting or regeneration of native vegetation throughout
the Critical Area buffer.
EXCESS STORMWATER RUN-OFF
All increases in stormwater resulting from:
(1)
An increase in the imperviousness of the site, including all
additions to buildings, roads, and parking lots;
(2)
Changes in permeability caused by compaction during construction
or modifications in contours, including the filling or drainage of
small depression areas;
(3)
Alteration of drainageways or regrading of slopes;
(4)
Destruction of forest; or
(5)
Installation of collection systems to intercept street flows
or to replace swales or other drainageways.
EXPENDITURE
A sum of money paid out in return for some benefit or to
fulfill some obligation. The term also includes binding contractual
commitments to make future expenditures, as well as any other substantial
changes in position.
FAMILY
One or more persons living together as a single housekeeping
unit. More than five unrelated individuals occupying a dwelling unit
shall not be considered a family.
FAMILY DAY CARE
The care given to eight or fewer children 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 located outside the home of the child's parents, for
which the provider is paid in cash or in kind, and registered under
COMAR Title 13A, Subtitle 15.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
FINANCIAL ASSURANCE
A performance bond, letter of credit, cash deposit, insurance
policy, or other instrument of security acceptable to the Town.
FISHERIES ACTIVITIES
Commercial, water-dependent fisheries facilities, including
structures for the parking, processing, canning, or freezing of finfish,
crustaceans, mollusks, and amphibians and reptiles and also including
related activities such as wholesale and retail sales product storage
facilities, crab shedding, off-loading docks, shellfish culture operations,
and shore-based facilities necessary for aquacultural operations.
FLOODPLAIN
Any land area susceptible to be inundated by water from the
base flood. As used in this chapter, the term refers to that area
designated as subject to flooding from the base flood (100-year flood)
on the "Flood Boundary and Floodway Map" prepared by the Federal Emergency
Management Agency, a copy of which is on file in Town Hall.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot. As used in this chapter, the term refers to that area designated
as a floodway on the "Flood Boundary and Floodway Map" prepared by
the Federal Emergency Management Agency, a copy of which is on file
in the Town Hall.
FLOOR AREA RATIO (FAR)
An intensity measured as a ratio derived by dividing the
gross floor area of all buildings by the base site area.
FOREST
A biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater. "Forest"
includes areas that have at least 100 trees per acre with at least
50% of those trees having two-inch or greater diameter at 4.5 feet
above the ground and forest areas that have been cut but not cleared.
Forest does not include orchards.
FOREST INTERIOR DWELLING BIRDS
Species of birds which require relatively large forested
tracts in order to breed successfully (for example, various species
of flycatchers, warblers, vireos, and woodpeckers).
FOREST MANAGEMENT
The protection, manipulation, and utilization of the forest
to provide multiple benefits, such as timber harvesting, water transpiration,
wildlife habitat, etc.
FOREST PRACTICE
The alteration of the forest either through tree removal
or replacement in order to improve the timber, wildlife, recreational,
or water quality values.
FRONTAGE
The length of all property fronting on one side of a street
between the two nearest intersecting streets, measured along the line
of the street; or, if dead-ended, then all of the property abutting
on one side between an intersection street and dead end of the same.
FRONTAGE, ZONING LOT
The length of all the property of such zoning lot fronting
on a street measured between side lot lines.
FULLY ESTABLISHED
When the Critical Area buffer contains as much diverse, native
vegetation as necessary to support a firm and stable riparian habitat
capable of self-sustaining growth and regeneration.
GARAGE, PARKING
A building designed and used for the storage of automotive
vehicles operated as a business enterprise with a service charge or
fee being paid to the owner or operator for the parking or storage
of privately owned vehicles.
GARAGE, PRIVATE
A garage used for storage purposes only and having a capacity
of not more than four vehicles.
GARAGE, STORAGE
A building or portion thereof, designed or used exclusively
for storage of motor-driven vehicles and where motor-driven vehicles
are not equipped, hired, or sold.
GAS SALES
Buildings and premises where gasoline, oil, grease, batteries,
tires, and automobile accessories may be supplied and dispensed at
retail and where, in addition, minor repair work may be performed,
such as ignition service, tire repair, repair and replacement of minor
parts, such as pumps and filters, brake service, and the like. "Gas
sales" does not include a repair or body shop, but shall include self-service
filling stations and any convenience store accessory to or associated
with such gas sales.
GRANDFATHERED PARCEL OR GRANDFATHERED LOT
A parcel of land created prior to December 1, 1985, or a
lot created through the subdivision process and recorded as a legally
buildable lot prior to December 1, 1985.
GROSS FLOOR AREA
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
GROSS RESIDENTIAL DENSITY
For the total site, excluding areas designated as tidal wetlands,
gross residential density shall not exceed the average number of dwelling
units per acre as permitted.
GROUP HOME/DISABLED OR INFIRM HOME
A residence within a single dwelling unit for at least six
but not more than nine people who are physically or mentally disabled
or infirm, together with not more than two persons providing care
or assistance to such persons, all living together as a single housekeeping
unit. Persons residing in such homes, including the aged and disabled,
principally need residential care rather than medical treatment.
GROUP HOME/HALFWAY HOUSE (SMALL)
A home for not more than eight people who have demonstrated
a tendency toward alcoholism, drug abuse, mental illness, or antisocial
or criminal conduct, together with not more than two people providing
supervision and other services to such persons, all of whom live together
as a single housekeeping unit.
GROUP HOME, PRIVATE
"Private group home" means a residence in which individuals
that have been or are under treatment for a mental disorder may be
provided care or treatment in a homelike environment, as provided
for in Mental Hygiene Law, § 10-514 of the Health — General
Article of the Annotated Code of Maryland. A large private group home
admits at least nine but not more than 16 individuals; a small private
group home admits at least four but not more than eight individuals.
GROWTH ALLOCATION
The number of acres of land in the Critical Area that the
county may use, or allocate to municipal jurisdictions to use, to
create new intensely developed areas and new limited development areas.
The growth allocation is 5% of the total resource conservation area
acreage in the county at the time the Critical Area Commission approved
the county's original Critical Area Program, not including tidal wetlands
or land owned by the federal government.
GUEST, PERMANENT
A person who occupies, or has the right to occupy, a hotel
or apartment hotel accommodation as his domicile and place of permanent
residence.
HABITABLE FLOOR
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or any combination thereof.
A floor used only for storage is not a habitable floor.
HABITAT PROTECTION AREA
(1)
An area that is designated for protection:
(a)
Under Natural Resources Article § 8-1806, Annotated
Code of Maryland, regulations adopted under that authority, or a local
program; or
(b)
By the Secretary of Natural Resources.
(2)
Habitat protection area includes:
(a)
The buffer as described in COMAR 27.01.01.01B(8);
(b)
A nontidal wetland as defined in COMAR 26.24.01.02B;
(c)
A habitat of a threatened species as defined in COMAR 27.01.09.03A;
(d)
A habitat of an endangered species as defined in COMAR 27.01.09.03A;
(e)
A habitat of a species in need of conservation as defined in
COMAR 27.01.09.03A;
(f)
A plant habitat as defined in COMAR 27.01.09.04A;
(g)
A wildlife habitat as defined in COMAR 27.01.09.04A;
(h)
Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.
HARDSHIP
A restriction on property so unreasonable that it results
in an arbitrary and capricious interference with basic property rights
and would render the property unusable without the granting of a variance.
Hardship relates to the physical characteristics of the property,
not the personal circumstances of the owner or use.
HAZARDOUS MATERIAL
Any of the following: liquid or gaseous petroleum, explosives,
pathogenic or toxic substances, radioactive materials or any other
substance that when mixed with water or exposed to air becomes explosive
in nature or reacts in such a way as to release a toxic gas or liquid.
HIGHLY ERODIBLE SOILS
Soils with a slope greater than 15% or those soils with a
K value greater than 0.35 and with slopes greater than 5%.
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA
An area of open water and adjacent marshes where waterfowl
gather during migration and throughout the winter season. These areas
are historic in that their location is common knowledge and because
these areas have been used regularly during recent times.
HOME ASSOCIATION (HOMEOWNERS' ASSOCIATION)
An incorporated nonprofit organization operating under recorded
land agreements through which each lot and/or homeowner in a planned
unit or other described land area is automatically a member and each
lot is automatically subject to a charge for a proportionate share
of the expenses for the organization's activities, such as maintaining
a common property, and the charge, if unpaid, becomes lien against
the property. When required or used, the owner(s) or developer(s)
must establish a home association in accordance with the requirements
and procedures as outlined by the Federal Housing Administration in
Sections 7 and 8.2 of the Land Planning Bulletin, No. 6, entitled
"Planned Unit Development with a Home Association," dated December
1963.
HOME OCCUPATION
A "home occupation" is an activity carried out for financial
gain in a residential dwelling and is subordinate to the residential
use of the property.
HORTICULTURE SALES
The art or science of growing flowers, fruit and vegetables
for commercial sale.
HOSPITAL
A building or group of buildings having room facilities for
one or more abiding patients, used for providing services for the
inpatient medical or surgical care of sick or injured humans and which
may include related facilities such as laboratories, outpatient departments,
training facilities, central service facilities, and staff offices;
providing, however, that such related facility must be incidental
and subordinate to the main use and must be an integral part of the
hospital operation.
HOTEL
A building in which lodging or boarding are provided for
more than 20 people, primarily transient, and offered to the public
for compensation, and in which ingress and egress to and from all
rooms is made through an inside lobby or office supervised by a person
in charge at all hours. A hotel may include restaurants, taverns or
club rooms, public banquet halls, ballrooms and meeting rooms.
HYDRIC SOILS
Soils that are wet frequently enough to periodically produce
anaerobic conditions, thereby influencing the species composition,
growth, or both, of plants on those soils.
HYDROPHYTIC VEGETATION
Those plants cited in "Vascular Plant Species Occurring in
Maryland Wetlands" (Dawson, F. et al., 1985) which are described as
growing in water or on a substrate that is at least periodically deficient
in oxygen as a result of excessive water content (plants typically
found in water habitats).
INTENSELY DEVELOPED AREA
An area of at least 20 acres or the entire upland portion
of the Critical Area within the Town, whichever is less, where:
(1)
Residential, commercial, institutional, or industrial developed
land uses predominate; and
(2)
A relatively small amount of natural habitat occurs; and
(3)
Includes an area with a housing density of at least four dwelling
units per acre; or
(4)
Includes an area with public water and sewer systems with a
housing density of more than three dwelling units per acre; or
(5)
Is a commercial marina redesignated by the Town from a resource
conservation area or limited development area to an intensely developed
area through a mapping correction that occurred before January 1,
2006.
JUNKYARD OR SALVAGE YARD
An open area where waste or scrap materials (including but
not limited to scrap iron and other metals, paper, rags, rubber tires,
and bottles) are bought, sold, exchanged, stored, baled, packed, disassembled,
or handled. A "junkyard or salvage yard" includes an auto wrecking
yard and the storage of inoperable vehicles, but does not include
uses established entirely within enclosed buildings.
K VALUE
The soil erodibility factor in the Universal Soil Loss Equation.
It is a quantitative value that is experimentally determined.
KENNEL
A commercial operation that provides food and shelter and
care of animals for purposes not primarily related to medical care
(a kennel may or may not be run by or associated with a veterinarian),
or engages in the breeding of animals for sale, or any place where
more than two adult animals (over six months) are kept for a boarding
or other fee, or any place where more than five adult animals are
kept for any purpose, except eight or fewer domesticated chickens
complying with all provisions of this chapter.
LAND CLEARING
Any activity that removes the vegetative ground cover.
LAND-BASED AQUACULTURE
The raising of fish or shellfish in any natural or man-made,
enclosed or impounded, water body.
LANDFORMS
Features of the earth's surface created by natural causes.
LANDSCAPE RATIO (LSR)
The ratio derived by dividing the area of the landscaped
surface by the base site area.
LANDWARD EDGE
The limit of a site feature that is farthest away from a
tidal water, tidal wetland, or tributary stream.
LEGALLY DEVELOPED
All physical improvements to a property:
(1)
Existed before Critical Area Commission approval of a local
program; or
(2)
Were properly permitted in accordance with the local program
and impervious surface policies in effect at the time of construction.
LEVEL OF SERVICE (LOS)
The ranking of the degree of traffic congestion at an intersection,
using six levels of service ranging from A, which is free-flowing,
to F, which is a forced movement, using criteria and methods as presented
in the Highway Capacity Manual by the Transportation Research Board.
The generally accepted industry standard is that Levels of Service
A, B, or C are acceptable, D is marginal, and E and F are unacceptable.
LIMITED DEVELOPMENT AREA
An area:
(1)
That is developed in low- or moderate-intensity uses and contains
areas of natural plant and animal habitat; and
(2)
Where the quality of runoff has not been substantially altered
or impaired;
(3)
With a housing density ranging from one dwelling unit per five
acres up to four dwelling units per acre;
(4)
With a public water or sewer system;
(5)
That is not dominated by land, wetland, forests, barren land,
surface water, or open space; or
(6)
That is less than 20 acres and otherwise qualifies as an intensely
developed area.
LOCAL SIGNIFICANCE
Development of a minor scale which:
(1)
Causes environmental or economic consequences that are largely
confined to the immediate area of the parcel of land on which it is
located;
(2)
Does not substantially affect the Critical Area Program of the
Town; and
(3)
Is not considered to be major development as defined in this
chapter.
LOT
A parcel of land whose boundaries have been established by some legal instrument such as recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee-simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition, or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained or the road so created is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot. Subject to §
440-803, the permit-issuing authority and the owner of two or more contiguous lots may agree to regard the lots as one lot if necessary or convenient to comply with any of the requirements of this chapter.
LOT AREA
The total area circumscribed by the boundaries of a lot,
except that when the legal instrument creating a lot shows the boundary
of the lot extending into a public street right-of-way, then the lot
boundary for purposes of computing the lot area shall be the street
right-of-way line or, if the right-of-way line cannot be determined,
a line running parallel to and 30 feet from the center of the traveled
portion of the street; and in a residential district, when a private
road that serves more than three dwelling units is located along any
lot boundary, then the lot boundary for purposes of computing the
lot area shall be the inside boundary of the traveled portion of that
road.
LOT COVERAGE
(1)
The percentage of a total lot or parcel that is:
(a)
Occupied by a structure, accessory structure, parking area,
driveway, walkway, or roadway; or
(b)
Covered with gravel, stone, shell, impermeable decking, a paver,
permeable pavement, or any man-made material;
(c)
Ground area covered or occupied by a stairway or impermeable
deck.
(2)
Does not include:
(a)
A fence of wall that is less than one foot in width that has
not been constructed with a footer;
(b)
A walkway in the buffer or expanded buffer, including a stairway,
that provides direct access to a community or private pier;
(d)
A deck with gaps to allow water to pass freely.
LOT DEPTH
The mean horizontal distance between the front lot line and
rear lot line of a lot, measured within the lot boundaries.
LOT LINE, FRONT
That boundary of a lot which is along an existing private
or dedicated public street or where a public street exists is along
a public way. In the case of a corner lot, both boundaries along a
public way shall be considered front lot lines.
LOT LINE, REAR
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line.
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line nor a
rear lot line.
LOT LINES
The property lines bounding the lot.
LOT OF RECORD
A parcel of land which has been legally recorded in the land
records of Charles County.
LOT WIDTH
The horizontal distance between the side lot lines of a lot
measured at the required front yard setback line.
LOT, CORNER
A lot abutting on and at the intersection of two or more
streets (see "lot line, front" and "yard, front" definitions).
LOT, FLAG
A lot or parcel with less frontage on a public street than
is normally required, with access provided to the bulk of the lot
by means of a narrow corridor.
LOT, INTERIOR
A lot other than a corner lot, flag lot or through lot.
LOT, THROUGH
A lot having a pair of opposite lot lines along two more
or less parallel public streets and which is not a corner lot. On
a through lot, both street lines shall be deemed front lot lines.
LOW-VOLUME TRAFFIC GENERATION
Uses such as furniture stores, carpet stores, major appliance
stores, etc., that sell items that are large and bulky, that need
a relatively large amount of storage or display area for each unit
offered for sale, and that therefore generate less customer traffic
per square foot of floor space than stores selling smaller items.
MANUFACTURED HOUSING
Single-family detached housing that is built to the National
Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on
a permanent chassis; but which is not constructed with a permanent
hitch or other device allowing transport of the unit other than for
the purpose of delivery to a permanent site and does not have wheels
or axles permanently attached to its body or frame.
MARINA
Any facility for the mooring, berthing, storing, or securing
of watercraft, but not including community piers and other noncommercial
boat docking and storage facilities. A marina may include boat sales,
boat fuel sales, boat construction, boat repair, marine equipment
sales or promotional events, boat and jet ski rental and other uses
clearly incidental to watercraft activities.
MARQUEE
A rooflike structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public
way.
MINING
The excavation or extraction of any earth products of natural
mineral deposit, except where such excavation is for the purposes
of grading for a building lot or roadway, where grass sod is removed
to be used for landscaping, or where materials are excavated from
a lot for use on that same lot by the owner of the property.
MITIGATION
An action taken to compensate for adverse impacts to the
environment resulting from development, development activity, or a
change in land use or intensity.
MOBILE HOME
A dwelling unit that:
(1)
Is not constructed in accordance with the standards set forth
in the Town's building code applicable to site-built homes; and
(2)
Is composed of one or more components, each of which was substantially
assembled in a manufacturing plant and designed to be transported
to the home site on its own chassis;
(3)
Exceeds 40 feet in length and eight feet in width; and
(4)
Was built prior to the enactment of the Federal Manufactured
Housing Construction and Safety Standards Act of 1974.
MOBILE HOME PARK
A residential use in which more than one manufactured home
or mobile home is located on a single lot.
MODULAR HOME
A dwelling unit composed of components substantially assembled
in a manufacturing plant and transported to the building site for
final assembly on a permanent foundation. Among other possibilities,
a modular home may consist of two sections transported to the site
in a manner similar to a mobile home, or a series of panels or room
sections transported on a truck and erected or joined together on
the site.
MOTEL
The same as "hotel" except it is designed to accommodate
any number of guests, the building or buildings are designed primarily
to serve tourists traveling by automobile, and ingress and egress
to rooms need not be through a lobby or office.
MOTOR VEHICLE SALES
Storage and display for sale of more than one motor vehicle
or any type of trailer, provided the trailer is unoccupied, and where
repair or body work is incidental to the operation of the new or used
vehicle sales.
MOTOR VEHICLE SERVICE, REPAIR AND MAINTENANCE
Any building, structure, improvements, or land used for repair
and maintenance of automobiles, motorcycles, trailers, or similar
vehicles, including but not limited to body, fender, muffler, or upholstery
work, oil change, lubrication, painting, tire service and other functionally
similar repairs. This use does not include dismantling or salvage
of parts.
NATURAL FEATURES
Components and processes present in or produced by nature,
including, but not limited to, soil types, geology, slopes, vegetation,
surface water, drainage patterns, aquifers, recharge areas, climate,
floodplains, aquatic life, and wildlife.
NATURAL FOREST VEGETATION
Vegetation consisting of canopy trees, understory trees,
shrubs, and herbaceous plants that are typically found in riparian
areas in the State of Maryland. Areas of natural forest vegetation
planted to meet the mitigation requirements in this chapter shall
resemble the structure and species composition of natural forests.
NATURAL HERITAGE AREA
Any communities of plants or animals which are considered
to be among the best statewide examples of their kind and are designated
by regulation by the Secretary of the Department of Natural Resources.
NATURAL REGENERATION
The natural establishment of trees and other vegetation with
at least 400 free-to-grow seedlings per acre, which are capable of
reaching a height of at least 20 feet at maturity.
NATURAL VEGETATION
Those plant communities that develop in the absence of human
activities.
NATURE-DOMINATED
A condition where landforms or biological communities, or
both, have developed by natural processes in the absence of human
activities.
NEIGHBORHOOD ESSENTIAL SERVICES
Any utility facility needed to provide basic services such
as water, sewer, telephone, gas, and cable to the individual users,
and including electric charging stations.
NEW DEVELOPMENT
Within the Critical Area, "new development" (as opposed to
redevelopment) means a development activity that takes place on a
property with predevelopment imperviousness (in IDA) or lot coverage
(LDA and RCA) of less than 15% as of December 1, 1985.
NONPOINT SOURCE POLLUTION
Pollution generated by diffuse land use activities rather
than from an identifiable or discrete facility. It is conveyed to
waterways through natural processes, such as rainfall, storm runoff,
or groundwater seepage, rather than by deliberate discharge. Nonpoint
source pollution is not generally corrected by end-of-pipe treatment,
but rather by changes in land management practices.
NONTIDAL WETLANDS
Those areas regulated under Title 5, Subtitle 9, of the Environment
Article that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic"
vegetation. The determination of whether an area is a nontidal wetland
shall be made in accordance with the publication known as the "Federal
Manual for Identifying and Delineating Jurisdictional Wetlands," published
in 1989, and as may be amended. Nontidal wetlands do not include "tidal
wetlands" regulated under Title 16 of the Environment Article of the
Annotated Code of Maryland.
NON-WATER-DEPENDENT PROJECT
A temporary or permanent structure that, by reason of its
intrinsic nature, use, or operation, does not require location in,
on, or over state or private wetlands.
(1)
Non-water-dependent includes:
(a)
A dwelling unit on a pier;
(b)
A restaurant, a shop, an office, or any other commercial building
or use on a pier;
(c)
A temporary or permanent roof or covering on a pier;
(d)
A pier used to support a non-water-dependent use; and
(e)
A small-scale renewable energy system on a pier, including:
[1]
A solar energy system and its photovoltaic cells, solar panels,
or other necessary equipment;
[2]
A geothermal energy system and its geothermal heat exchanger
or other necessary equipment; and
[3]
A wind energy system and its wind turbine, tower, base, or other
necessary equipment.
(2)
A non-water-dependent project does not include:
(a)
A fuel pump or other fuel-dispensing equipment on a pier;
(b)
A sanitary sewage pump or other wastewater removal equipment
on a pier; or
(c)
An office on a pier for managing marina operations, including
monitoring vessel traffic, registering vessels, providing docking
services, and housing electrical or emergency equipment related to
marina operations.
NONCONFORMING LOT
A lot lawfully existing at the effective date of this chapter
or any amendment to this chapter that does not meet the minimum area
requirement of the district in which the lot is located.
NONCONFORMING PROJECT
Any structure, development, or undertaking that was lawfully
initiated and that is incomplete at the effective date of this chapter
or any amendment of this chapter and would be inconsistent with any
regulation applicable to the district in which it is located if completed
as proposed or planned.
NONCONFORMING SITUATION
A situation that occurs when, on the effective date of this chapter or any amendment of this chapter, any lawful existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter, or because land or buildings are used for purposes made unlawful by this chapter. Nonconforming signs shall not be regarded as nonconforming situations for purposes of Article
VIII but shall be governed by the provisions of Article
XVI.
NONCONFORMING USE
A nonconforming situation that occurs when property is used
for a purpose or in a manner made unlawful by the use regulations
applicable to the district in which the property is located (for example,
a commercial office building in a residential district may be a nonconforming
use). The term also refers to the activity that constitutes the use
made of the property (for example, all the activity associated with
operating a retail clothing store in a residentially zoned area constitutes
a nonconforming use).
NURSING CARE HOME
A facility maintained for the purpose of providing skilled
nursing care and medical supervision at a lower level than that available
in a hospital, institutional facility or nursing facility to not more
than nine persons.
NURSING FACILITY
An institutional facility (or a distinct part of an institution)
which is primarily engaged in providing skilled nursing care and related
services for residents who require medical or nursing care, rehabilitation
services for the rehabilitation of injured, disabled, or sick persons;
or, on a regular basis, health-related care and services to individuals
who because of their mental or physical condition require care and
services (above the level of room and board) which can be made available
to them only through institutional facilities, and is not primarily
for the care and treatment of mental diseases.
OCCUPANCY PERMIT
Official certificate that a premises conforms to provisions
of this chapter and may be occupied. Unless such a permit is issued,
a structure cannot be occupied.
OFFICE
An office for the use of professional people such as doctors,
lawyers, accountants, etc., or general business offices such as insurance
companies, trade associations, manufacturing companies, investment
concerns, banks and trust companies, real estate companies, etc.,
but not including any retail or wholesale store or warehouse, except
as otherwise provided herein.
OFFSETS
Structures or actions that compensate for undesirable impacts.
OPEN-AIR MARKET
An open or covered outside area used for the display and
sale of farm, craft, or similar items and may include flea markets
and produce markets, served by adequate parking.
OPEN SPACE
An area of land that provides light and air, or scenic, recreational
or similar purposes. Open space may include, but not be limited to,
lawns, decorative plantings, sidewalks and walkways, active and passive
open space, including playgrounds, fountains, swimming pools, wooded
areas, and watercourses, but shall not include loading areas, parking
areas, or surfaces for the storage of vehicles.
OVERBURDEN
The strata or material in its natural state, before its removal
by surface mining, overlying a mineral deposit, or in between mineral
deposits.
PALUSTRINE
All nontidal wetlands dominated by trees, shrubs, persistent
emergent plants, or emergent mosses or lichens and all such wetlands
that occur in tidal areas where the salinity due to ocean-derived
salts is below one-half part per 1,000 parts of water.
PARKING AREA AISLES
A portion of the vehicle accommodation area consisting of
lanes providing access to parking spaces.
PARKING AREA, LOT, OR STRUCTURE
A structure, or an off-street area for parking or loading
and unloading, whether required or permitted by this chapter, including
driveways, accessways, aisles, and maneuvering areas, but not including
any public or private street right-of-way.
PARKING SPACE
A portion of the vehicle accommodation area set aside for
the parking of one vehicle.
PARKING, FLOOR AREA
The floor area of a structure as defined herein, less storage
and warehouse areas, used principally for nonpublic purposes of said
structure. Any basement or cellar space used for retailing shall be
included in the parking floor area for the purpose of calculating
requirements for accessory off-street parking spaces and accessory
off-street loading berths.
PERSON
An individual, trustee, executor, other fiduciary, corporation
firm, partnership, property owner, association, organization, or other
entity acting as a unit.
PHYSIOGRAPHIC FEATURES
The soils, topography, land slope and aspect, and local climate
that influence the form and species composition of plant communities.
PIER
A structure built out over water with piles used for access
to the water, watercraft and other water-oriented activities. "Pier"
means any pier, wharf, dock, walkway, bulkhead, breakwater, piles
or other similar structure. "Pier" does not include any structure
on pilings or stilts that was originally constructed beyond the landward
boundaries of state or private wetlands.
PIER, COMMUNITY
Boat docking facilities associated with subdivisions or similar
residential areas, and with condominium, apartment and other multiple-family
dwelling units. Private piers are excluded from this definition.
PIER, PRIVATE
Pier serving the occupant of a single residential property.
PLANT HABITAT
A community of plants commonly identifiable by the composition
of its vegetation and its physiographic characteristics.
PORT
A facility or area established or designated by the state
or local jurisdictions for purposes of waterborne commerce.
PRINCIPAL STRUCTURE
The primary or predominant structure on any lot or parcel.
For residential parcels or lots, the principal structure is the primary
dwelling
PRIVATE ROAD
Any road or right-of-way that is used for ingress or egress
that is not owned or maintained by a public body.
PRIVATE SERVICE CLUB
An incorporated or unincorporated association for civic,
social, cultural, religious, literary, fraternal, political, and recreational
or like activities operated for the benefit of its members and not
open to the general public.
PROGRAM AMENDMENT
Any change or proposed change to an adopted program that
is not determined by the Chairman of the Critical Area Commission
to be a program refinement.
PROGRAM REFINEMENT
Any change or proposed change to an adopted program that
the Chairman of the Critical Area Commission determines will result
in a use of land or water in the Chesapeake Bay Critical Area or Atlantic
Coastal Bays Critical Area in a manner consistent with the adopted
program, or that will not significantly affect the use of land or
water in the Critical Area. Program refinement may include:
(1)
A change to an adopted program that results from state law;
(2)
A change to an adopted program that affects local processes
and procedures;
(3)
A change to a local ordinance or code that clarifies an existing
provision; and
(4)
A minor change to an element of an adopted program that is clearly
consistent with the provisions of state Critical Area law and all
the criteria of the Commission.
PROJECT APPROVALS
The approval of development, including approval of subdivision
plats and site plans, inclusion of areas within floating zones, issuance
of variances and special exception permits, and issuance of zoning
permits. The term does not including building permits.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
PROPERTY OWNER
A person who holds legal or equitable title to the real property,
including two or more persons holding legal or equitable title to
the property under any form of joint ownership.
PUBLIC WAY
Any sidewalk, street, alley, highway, or other public thoroughfare.
RECLAMATION
The reasonable rehabilitation of disturbed land for useful
purposes, and the protection of the natural resources of adjacent
areas, including water bodies.
RECYCLING CENTER
A use conducted for private (nongovernmental) and/or commercial
(for-profit) purposes by an owner or operator duly and currently licensed
by all applicable governmental authorities that serves and operates
as a drop-off point for temporary storage (not processing) of nonliquid
recyclable solid waste materials. Hazardous or toxic materials as
defined by Charles County, State of Maryland and/or federal laws shall
not be permitted to be dropped off and/or collected. All equipment
and operations associated with a recycling center (with the exception
of motor vehicle access or parking), including but not limited to
loading and unloading, shall be located and conducted inside a building
containing four walls and a roof, shielded from public view and supervised.
The term "supervised" shall be defined for the purposes of the recycling
collection facility as having an employee of the duly licensed recycling
collection facility owner and/or operator on site and personally observing
and monitoring all drop-off and/or collection activity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
REDEVELOPMENT
The process of developing land which is or has been developed.
For purposes of implementing Critical Area provisions of this chapter,
"redevelopment" (as opposed to new development) means a development
activity that takes place on property with predevelopment imperviousness
(in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
REFORESTATION
The establishment of a forest through artificial reproduction
or natural regeneration.
RENEWABLE RESOURCE
A resource that can renew or replace itself and, therefore,
with proper management, can be harvested indefinitely.
RESIDENCE, APARTMENT(S)
A residential use consisting of one or more buildings containing
three or more dwelling units. For purposes of this definition, a building
includes all dwelling units that are enclosed within that building
or attached to it by a common floor or wall (even the wall of an attached
garage or porch).
RESIDENCE, COMMERCIAL
A single or multifamily residence located above and/or behind
the principal commercial use.
RESIDENCE, DUPLEX
A two-family residential use in which the dwelling units
share a common wall (including without limitation the wall of an attached
garage or porch) and in which each dwelling unit has living space
on the ground floor and a separate, ground-floor entrance.
RESIDENCE, MULTIFAMILY CONVERSION
A multifamily residence containing not more than four dwelling
units and results from the conversion of a single building containing
at least 2,000 square feet of gross floor area that was in existence
on the effective date of this provision and that was originally designed,
constructed and occupied as a single-family residence.
RESIDENCE, PRIMARY WITH ACCESSORY APARTMENT
A residential use having the external appearance of a single-family
residence but in which there is located a second dwelling unit that
comprises not more than 30% of the gross floor area of the building
or less than 300 square feet. The accessory apartment may be located
in the principal residence or an accessory building. The owner of
the residential unit must occupy at least one of the dwelling units
on the premises.
RESIDENCE, SINGLE-FAMILY DETACHED
A residential use consisting of a single detached building
containing one dwelling unit and located on a lot containing no other
dwelling units.
RESIDENCE, TOWNHOUSES
A multifamily resident use in which each dwelling unit shares
a common wall (including without limitation the wall of an attached
garage or porch) with at least one other dwelling unit and in which
each dwelling unit has living space on the ground floor and a separate,
ground-floor entrance.
RESIDENCE, TWO-FAMILY CONVERSION
A two-family residence resulting from the conversion of a
single building containing at least 2,000 square feet of gross floor
area that was in existence on the effective date of this provision
and that was originally designed, constructed and occupied as a single-family
residence.
RESOURCE CONSERVATION AREA
An area that is characterized by:
(1)
Nature-dominated environments, such as wetlands, surface water,
forests, and open space; and
(2)
Resource-based activities, such as agriculture, forestry, fisheries
or aquaculture; and
(3)
An area with a housing density of less than one dwelling per
five acres.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
RESTAURANTS
(1)
RESTAURANT, STANDARDA food-serving establishment whose principal business is the sale of food and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth or counter inside the establishment. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of its patrons, shall not be considered a restaurant.
(2)
RESTAURANT, FAST-FOODAn establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises.
(a)
RESTAURANT, FAST-FOOD CARRYOUTAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten away from the premises as there are no facilities for on-premises consumption of food.
(b)
RESTAURANT, DRIVE-IN OR DRIVE-THROUGHAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-through window or while parked.
(3)
RESTAURANT, CAFETERIAAny establishment where ready-to-eat food is available upon a short waiting time and served to customers on a tray through a cafeteria line for consumption at a table, booth or counter inside the establishment.
RESTORATION
The act of returning a site or area to an original state
or any action that reestablishes all or a portion of the ecological
structure and functions of a site or area.
RETAIL STORE
Stores selling one kind or various kinds of goods, as distinct
from services, such as, but not limited to, drugstores, grocery stores,
department stores, camera shops, bookstores, and record shops.
REZONING
An amendment to or change in the Official Zoning Map.
RIPARIAN HABITAT
A habitat that is strongly influenced by water and which
occurs adjacent to streams, shorelines, and wetlands.
ROAD
A public thoroughfare under the jurisdiction of the state,
a county, a municipal corporation, or any other public body. "Road"
does not include a drive aisle or driveway.
ROADSIDE STAND
An area, structure, or vehicle used for display and sale
of agricultural produce, where the majority of the produce is produced
by the owner on the premises or within the immediate neighborhood
of the roadside stand, or the preparation and sale of cooked and packaged
food on a temporary basis subject to County Health Department approval.
ROOMING HOUSE
A dwelling in which lodging is furnished, for compensation,
to three or more, but not exceeding nine, guests. A rooming house
shall not be deemed a home occupation.
SATELLITE DISH
An accessory structure that allows the direct reception and/or
broadcast of signals to or from geostationary earth communications
and generally less than one meter in diameter.
SCHOOL
A site or lot of record used exclusively or primarily used
as a nursery school, kindergarten, elementary school, junior high
school, middle school, senior high school, vocational school or exceptional
learning center. "School" does not include a premises or site upon
which there is an institution devoted solely to professional education
or training or an institution of higher education, including, but
not limited to, a community college, junior college, four-year college,
or university.
SEASONALLY FLOODED WATER REGIME
A condition where surface water is present for extended periods,
especially early in the growing season, and when surface water is
absent, the water table is often near the land surface.
SELECTIVE CUTTING
The removal of single, scattered, mature trees or other trees
from uneven-aged stands by frequent and periodic cutting operations.
SHORELINE EROSION HAZARD AREA
Any shoreline that has a historical shoreline erosion of
four feet to eight feet or greater according to the Atlas of Historic
Erosion Rates in Maryland (1965, Coastal Resources Division, Tidewater
Administration).
SIGN
Any device that is sufficiently visible to persons not located on the lot where such device is located and is designed to attract the attention of such persons or to communicate information to them. See Article
XVI for definitions of signs.
SIGN PERMIT
A permit issued by the Zoning Administrator that authorizes
the recipient to erect, move, enlarge, or substantially alter a sign.
SIGN, NONCONFORMING
A sign that, on the effective date of this chapter, does not conform to one or more of the regulations set forth in this chapter, particularly Article
XVI.
SILVICULTURE
The art and science of controlling the establishment, growth,
composition, health or quality of forests and woodlands to meet the
diverse needs of landowners and society on a sustainable basis.
SITE PLAN, MAJOR OR MINOR
A plan, to scale, showing uses, structures, and required
improvements proposed for a parcel of land as required by this chapter.
SKETCH PLAT
A plat containing the required information listed in Appendix
A.
SMALL WIND GENERATORS
A specially designed turbine elevated above the ground surface
that converts wind power to electrical energy for residential or commercial
use.
SOLAR PANELS
A specially designed and arranged group of cells that convert
light energy to electrical energy for use by residential and commercial
users.
SPECIAL EVENTS
Circuses, fairs, carnivals, festivals, or other types of
special events that run for longer than one day but not longer than
two weeks, are intended to or likely to attract substantial crowds,
and are unlike the customary or usual activities generally associated
with the property where the special event is to be located.
SPECIAL EXCEPTION
A permit issued by the Board of Appeals that authorizes the
recipient to make use of property in accordance with the requirements
of this chapter as well as any additional requirements imposed by
the Board.
SPECIAL OVERLAY DISTRICT
An area described in this chapter or on the Official Zoning
Map within which special regulations are applicable.
SPECIES IN NEED OF CONSERVATION
Those fish and wildlife whose continued existence as part
of the state's resources are in question and which may be designated
by regulation by the Secretary of Natural Resources as in need of
conservation pursuant to the requirements of Natural Resources Article
§§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.
SPECIMEN TREE
All native and nonnative trees, excluding invasive species,
of 25 inches in diameter at breast height (dhb/4.5 feet high above
ground level) or greater and trees having 75% or more of the dbh of
the current state champion of that species.
SPOIL PILE
The overburden and reject materials as piled or deposited
during surface mining.
STORAGE
The keeping, either indoors or outdoors, of equipment, vehicles,
or supplies used in the conduct of a trade, business, or profession.
"Storage" does not include the overnight parking in residential zones
of a single vehicle weighing no more than 2.5 tons gross vehicle weight
which, although used primarily for business, trade, or professional
purposes, also provides daily transportation to and from work.
STORMWATER MANAGEMENT
(1)
For quantitative control, a system of vegetative and structural
measures that controls the increased volume and rate of surface runoff
caused by man-made changes to the land; and
(2)
For qualitative control, a system of vegetative, structural,
and other measures that reduce or eliminate pollutants that might
otherwise be carried by surface runoff.
STREET
A public street or a street with respect to which an offer
of dedication to the Town of Indian Head has been made.
STREET, CUL-DE-SAC
A minor street with only one outlet and having an appropriate
terminal for safe and convenient reversal of traffic movement.
STREET, LOCAL ROAD
A route for which the major function is movement of small
volumes of local vehicular traffic, primarily to provide access to
abutting property.
STRUCTURE
Anything constructed or erected. In the Critical Area, anything
constructed or erected on or over land or water that may or may not
result in lot coverage.
SUBDIVISION
The division of a tract of land into two or more lots, building
sites, or other divisions for the purpose of sale or building development
(whether immediate or future).
SUBDIVISION, MINOR
A subdivision that does not involve any of the following:
the creation of more than a total of four lots; the creation of any
new public streets, the extension of a public water or sewer systems,
or the installation of drainage improvements through one or more lots
to serve one or more other lots.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
SUBSTANTIAL ALTERATION
Any repair, reconstruction, or improvement of a principal
structure, where the proposed total footprint is at least 50% greater
than that of the existing principle structure.
TEMPORARY EMERGENCY, CONSTRUCTION OR REPAIR RESIDENCE
A residence (which may be a mobile home) that is:
(1)
Located on the same lot as a residence made uninhabitable by
fire, flood, or other natural disaster and occupied by the persons
displaced by such disaster; or
(2)
Located on the same lot as a residence that is under construction
and occupied by the persons intending to live in such permanent residence
when the work is completed; or
(3)
Located on a nonresidential construction site and occupied by
persons having construction or security responsibilities over such
construction site.
THINNING
A forest practice used to accelerate tree growth of quality
trees in the shortest interval of time.
THREATENED SPECIES
Any species of fish, wildlife, or plants designated as such
by regulation by the Secretary of the Department of Natural Resources
that appear likely, within the foreseeable future, to become endangered,
including any species of wildlife or plant determined to be a threatened
species pursuant to the federal Endangered Species Act, 16 U.S.C.
§ 1531 et seq., as amended.
TOPOGRAPHY
The existing configuration of the earth's surface, including
the relative relief, elevation, and position of land features.
TOWER
Any structure whose principal function is to support an antenna.
TOWN
Town of Indian Head located in Charles County, Maryland.
TRACT
A lot (see definition). The term "tract" is used interchangeably
with the term "lot," particularly in the context of subdivisions,
where one tract is subdivided into several lots.
TRANSITIONAL HABITAT
A plant community whose species are adapted to the diverse
and varying environmental conditions that occur along the boundary
that separates aquatic and terrestrial areas.
TRANSPORTATION FACILITIES
Anything that is built, installed, or established to provide
a means of transport from one place to another.
TRAVEL TRAILER
A structure that:
(1)
Is intended to be transported over the streets and highways
(either as a motor vehicle or attached to or hauled by a motor vehicle);
and
(2)
Is designed for temporary use as sleeping quarters but that
does not satisfy one or more of the definitional criteria of a mobile
home.
TREE
A large, woody plant having one or several self-supporting
stems or trunks and numerous branches that reaches a height of at
least 20 feet at maturity.
TRIBUTARY STREAMS
A perennial stream or intermittent stream within the Critical
Area that has been identified by site inspection or which is so noted
on the most recent U.S. Geological Survey 7 1/2-minute topographic
quadrangle maps (scale 1:24,000) or on more detailed maps or studies
at the discretion of the Town of Indian Head.
UNWARRANTED HARDSHIP
Means that without a variance, an applicant would be denied
reasonable and significant use of the entire parcel or lot for which
the variance is requested.
USE
The activity or function that actually takes place or is
intended to take place on a lot.
USE, PERMITTED
A use which may be lawfully established in a particular district
or districts, provided it conforms to all regulations, requirements,
and standards of such district and is listed in the Table of Permissible
Uses.
USE, PRINCIPAL
A use listed in the Table of Permissible Uses and clearly
the dominant use of the property.
UTILITY FACILITIES
Any aboveground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this definition are utility lines and supporting structures listed in §
440-1004.
UTILITY FACILITIES, NEIGHBORHOOD
Utility facilities that are designed to serve the immediately
surrounding neighborhood and that must, for reasons associated with
the purpose of the utility in question, be located in or near the
neighborhood where such facilities are proposed to be located.
UTILITY TRANSMISSION FACILITIES
Fixed structures that convey or distribute resources, wastes,
or both, including but not limited to electrical lines, water conduits
and sewer lines.
VARIANCE
A grant of permission by the Board of Appeals that authorizes
the recipient to do that which, according to the strict letter of
this chapter, the applicant could not otherwise legally do.
VEHICLE ACCOMMODATION AREA
That portion of a lot that is used by vehicles for access,
circulation, parking, and loading and unloading. It comprises the
total of circulation areas, loading and unloading areas, and parking
areas.
VETERINARIAN OFFICE
A facility staffed by at least one veterinarian duly licensed
by the State of Maryland for the medical treatment and care of animals
and the keeping and boarding of animals incidental thereto.
WATER-DEPENDENT FACILITIES
Structures or works associated with industrial, maritime,
recreational, educational, or fisheries activities that require location
at or near the shoreline within the Critical Area buffer. An activity
is water-dependent if it cannot exist outside the buffer and is dependent
on the water by reason of the intrinsic nature of its operation. Such
activities include, but are not limited to, ports, the intake and
outfall structures of power plants, water-use industries, marinas
and other boat docking structures, public beaches and other public
water-oriented recreation areas, and fisheries activities.
WATER-USE INDUSTRY
An industry that requires location near the shoreline because
it utilizes surface waters for cooling or other internal purposes.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash,
in and including any area adjacent thereto, which is subject to inundation
by reason of overflow of water.
WATERFOWL
Birds which frequent and often swim in water, nest and raise
their young near water, and derive at least part of their food from
aquatic plants and animals.
WETLANDS, TIDAL (STATE)
Any land under the navigable waters of the state below the
mean high tide, affected by the regular rise and fall of the tide.
WHOLESALE SALES
On-premises sales of goods primarily to customers engaged
in the business of reselling the goods.
WILDLIFE CORRIDOR
A strip of land having vegetation that provides habitat and
safe passage for wildlife.
WILDLIFE HABITAT
Plant communities and physiographic features that provide
food, water, cover, and nesting areas, as well as foraging and feeding
conditions necessary to maintain populations of animals in the Critical
Area.
WOODED AREA
An area of contiguous wooded vegetation where trees are at
a density of at least one six-inch-or-greater-caliper tree per 325
square feet of land and where the branches and leaves form a contiguous
canopy.
YARD
An open space on the same zoning lot with a building or structure,
unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted in this chapter. A "yard" extends along a lot
line and to a depth or width specified in the yard requirements for
the zoning district in which such zoning lot is located.
YARD, FRONT
A yard extending along the full length of the front lot line
of the zoning lot. In the case of a corner lot, both yards extending
along the public streets shall be considered front yards.
YARD, INTERIOR SIDE
A side yard which is located immediately adjacent to another
zoning lot or to an alley separating such yard from another zoning
lot.
YARD, REAR
A yard extending along the full length of the rear lot line
of the zoning lot.
YARD, SIDE
A yard extending along a side lot line measured from the
front yard to the rear yard.
ZONING ADMINISTRATOR
The official designated as the official responsible for enforcing
and administering all requirements of this chapter.
ZONING PERMIT
A permit issued by the Zoning Administrator that authorizes
the recipient to make use of property in accordance with the requirements
of this chapter.
ZONING SPECIAL OVERLAY DISTRICT
A district which is placed over the existing regular or parent zoning because of siting of a zoning district or imposes additional restrictions and includes all those districts listed as special overlay districts in Article
IX, Part
II and Part
3.