A.
Unless otherwise specifically provided, the words and phrases defined
shall have the meanings indicated when used in this chapter.
B.
When necessary in this chapter, a specific term will be defined by
a footnote where the term appears in the text.
C.
The Critical Area Zone (Article IX) contains a separate list of definitions which are applicable to only that zone. If a term is not defined in that section but is defined in this section, then the definition in this section controls.
D.
To amplify and clarify all provisions of this chapter, the following
rules shall apply:
(1)
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)
The word "shall" is mandatory and not discretionary.
(3)
The word "may" is permissive.
(4)
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)
All measured distances shall be rounded to the nearest integral foot.
E.
ACCENTUATE (ACCENTUATED)
ACCESSORY APARTMENT
ACCESSORY USE
AGRICULTURAL PROCESSING FACILITY, LOCAL
(1)
(2)
(3)
AGRICULTURAL PROCESSING FACILITY, LOCAL, SLAUGHTERHOUSE
AGRICULTURAL OPERATIONS
AGRITOURISM
AIRPORT, GENERAL AVIATION
AIRPORT, PRIVATE USE
ALCOHOL PRODUCTION FACILITY
ANTENNA
APARTMENT, COMMERCIAL
APPLICANT
AQUACULTURE
AQUACULTURAL OPERATIONS
ARCHITECTURAL FEATURES
ARTICULATION (ARTICULATED)
AUTOMOBILE DISMANTLING AND STORAGE YARD
BASEMENT
BED-AND-BREAKFAST or TOURIST HOME
BILLBOARD
BLACKSMITH
BOARDINGHOUSE or ROOMING HOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING, FLOOR AREA OF
BUILDING HEIGHT
BUILDING RESTRICTION OR BUILDING SETBACK LINE
BUSINESS SERVICES
CAMP, CAMPGROUND
CANOPY
CAR WASH
CAT BOARDING FACILITY
CIRCULATION AREA
CLUSTER DEVELOPMENT
COMMERCIAL APARTMENT
COMMUNITY DOG PARK
COMMUNITY GARDEN
COMMUNITY WATER SUPPLY SYSTEM
CONSERVATION LANDSCAPING
CONSOLIDATED STORAGE
CONSTRUCTION SERVICES AND SUPPLIERS
CONVENIENCE STORE
COTTAGE INDUSTRY
COUNTRY INN
DAY-CARE CENTER or DAY NURSERY
DAY-CARE HOME
DEVELOPMENT
DRIVEWAY, ACCESS
DRIVEWAY, PARKING
DUPLEX
DWELLING
DWELLING, ATTACHED
DWELLING UNIT
EARTH STATION
ECOTOURISM
ELDERLY CARE HOME, RESIDENCE
ELDERLY PEOPLE
ELECTRIC POWER, GAS TRANSMISSION AND TELECOMMUNICATION BUILDINGS
AND STRUCTURES
ENERGETICS
EXISTING BUILDING OR DWELLING
FACADE
FAMILY
FAMILY BURIAL SITE
FARM ALCOHOL PRODUCTION FACILITY
FARM INCUBATOR
FARRIER
FIBER CEMENT SIDING
FLEX SPACE
FLOOR AREA RATIO
FORESTRY OPERATIONS
FRONTAGE
GARDEN APARTMENTS
GENERAL MERCHANDISE
GROSS DEVELOPABLE AREA
GROSS FLOOR AREA
GROSS RESIDENTIAL DENSITY
GROSS TRACT
GROUP HOME
GUESTHOUSE
HALFWAY HOUSE
HEIGHT, BUILDING
HELIPORT
HELISTOP
HIGH VISIBILITY LOT
HOME OCCUPATION
HOSPITAL
HOTEL, MOTEL or INN
INTERMITTENT STREAM
JUNKYARD (or SALVAGE YARD)
KENNEL, COMMERCIAL
LANDSCAPE AREA
LOT
(1)
(2)
(3)
LOT AREA
(1)
(2)
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, HIGH VISIBILITY
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINES
LOT LINE, SIDE
LOT, OUTLET
LOT, PANHANDLE
LOT, RADIAL
LOT, RECORD
LOT, THROUGH
LOT WIDTH
MANUFACTURED HOME
MANUFACTURED HOME, CLASS A
(1)
(2)
(3)
(4)
(5)
MANUFACTURED HOME, CLASS B
MANUFACTURED HOME PARK
MANUFACTURING
MARINA
MARQUEE
MERCHANDISE, GENERAL
MIGRANT WORKERS' HOUSING
MIXED-USE BUILDING
MIXED-USE BUILDING, RESIDENTIAL
MOBILE FOOD SERVICE FACILITY
MODULAR HOME
MOTEL
MOTOR VEHICLE FUEL SALES
MOTOR VEHICLE SALES
MULTIFAMILY
NEIGHBORHOOD SERVICES, ESSENTIAL
NONCONFORMING SITUATION
NURSING CARE INSTITUTION
OFF-TRACK BETTING FACILITY
OPEN SPACE
PARKING AREA
PARKING AREA AISLES
PARKING SPACE
PARKING, VISITOR
PATIO
PERENNIAL STREAM
PERSONAL SERVICES
PHOTOVOLTAIC SOLAR CELLS
PHOTOVOLTAICS
POLYMERIC SIDING
PORCH
POULTRY HOUSE
POZZOLAN
POZZOLAN MANAGEMENT FACILITY
PROCESSING FACILITY/TRANSFER STATION (SOLID WASTE)
(1)
(2)
PROPERTY LINES
PUBLIC USE LOT
(1)
(2)
(3)
(4)
PUBLIC WAY
RECREATIONAL VEHICLE
RECREATIONAL VEHICLE PARK
RESIDENCE, DUPLEX
RESIDENCE, ELDERLY CARE HOME
RESIDENCE, GARDEN APARTMENT
RESIDENCE, HIGH-RISE
RESIDENCE, LOT LINE
RESIDENCE, MID-RISE
RESIDENCE, MULTIFAMILY
RESIDENCE, MULTIPLEX
RESIDENCE, PRIMARY, WITH ACCESSORY APARTMENT
RESIDENCE, SINGLE-FAMILY DETACHED
(1)
(2)
(3)
(4)
(5)
(6)
RESIDENCE, TOWNHOUSE
RESTAURANT, DRIVE-IN
RESTAURANT, DRIVE-THROUGH
RESTAURANT, FAST-FOOD
RESTAURANT, FAST-FOOD CARRY-OUT/DELIVERY
RESTAURANT, STANDARD
RETAIL SALES GREATER THAN 100,000 SQUARE FEET
RETIREMENT HOUSING COMPLEX
ROAD, ARTERIAL
ROAD, COLLECTOR
ROAD, CUL-DE-SAC
ROAD, LOCAL
ROAD, MARGINAL ACCESS
ROAD, PARKWAY
ROAD, PRINCIPAL ARTERIAL
ROAD, PRIVATE
ROAD, PUBLIC
ROOMING HOUSE
ROTOR DIAMETER
SALVAGE YARD
SATELLITE DISH
SATELLITE SIMULCAST BETTING
SCREENING (SCREENED)
SETBACK (BUILDING RESTRICTION LINE or BUILDING SETBACK)
SHELLFISH
SHELTER, PERMANENT
SHELTER, TEMPORARY
SHOPPING CENTER
SHOPPERS' MERCHANDISE
SHOPS, SPECIALTY
SHORELINE EROSION HAZARD AREA
SIGN
SIGN AREA
SIGN, BILLBOARD
SIGN, BUILDING
SIGN, BUSINESS
SIGN, DIRECTIONAL OR INFORMATION
SIGN, FREESTANDING
SIGN, FREESTANDING SIGN STRUCTURE
SIGN, INCIDENTAL
SIGN, MONUMENT
SIGN, ON-PREMISES
SIGN, OUTDOOR ADVERTISING
SIGN PERMIT
SIGN, PROJECTING
SIGN, REAL ESTATE
SIGN, ROOF
SIGN, TEMPORARY
SIGN, WALL
SITE PLAN, MAJOR
SITE PLAN, MINOR
SINGLE-ROOM OCCUPANCY (SRO) UNIT
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM OWNER
SOLAR ENERGY SYSTEM, GRID-CONNECTED
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
SOLAR ENERGY SYSTEM, LARGE
SOLAR ENERGY SYSTEM, OFF-GRID/STAND ALONE
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
SOLAR ENERGY SYSTEM, SMALL
SPECIALTY SHOPS
STABLE, COMMERCIAL
STORY (OF A BUILDING)
STREAM
STREAM ORDER
STREETSCAPE
STRUCTURE
SUBDIVISION
SUPERIOR DESIGN
SURFACES, IMPERVIOUS
TASTING ROOM
TENANT HOUSE
TOP PLATE HEIGHT
TOT-LOT
TOWER
TOWNHOUSE
TRACT
USABLE OPEN SPACE
(1)
(2)
USE
USE, ACCESSORY
USE, PERMITTED
USE, PRINCIPAL
USE, RESIDENTIAL
VISITOR PARKING
WETLAND, NONTIDAL
(1)
(2)
(3)
(4)
WHOLESALE SALES
WIND ENERGY SYSTEM
WIND ENERGY SYSTEM OWNER
WIND ENERGY SYSTEM TOTAL HEIGHT
WIND ENERGY SYSTEM TOWER
WIND ENERGY SYSTEM, LARGE
WIND ENERGY SYSTEM, SMALL
WIND GENERATOR
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING OFFICER
ZONING PERMIT
Definitions.
To make more noticeable or prominent; to add visual character,
detail and emphasis. In the context of architectural features, examples
include but are not limited to headpieces, shutters, picture frame
trim, pilasters, pediments, and crossheads, or equivalent treatments.
[Added 9-21-2021 by Bill No. 2021-02]
A second dwelling unit that is part of an existing one-family
detached dwelling or is located in a separate accessory structure
on the same lot as the main dwelling, for use as a complete, independent
facility with provision within the accessory apartment for cooking,
eating, personal sanitation and sleeping. Such a dwelling unit is
subordinate to the main dwelling.
[Amended 11-3-2009 by Bill No. 2009-12]
An establishment in which locally grown agricultural products
are processed. The use is limited to processing of products from Maryland
and adjoining states, processing includes:
[Added 11-28-2017 by
Bill No. 2017-07]
BASIC PROCESSINGProcessing necessary to store and market farm products. Basic processing does not include treatment that changes the form of the product, but does include treatment such as cutting, drying and packaging.
VALUE-ADDED PROCESSINGTreatment that changes the form of a farm product in order to increase its market value, including such processes as canning, milling, grinding, freezing, heating and fermenting. Value-added processing may include the incidental use of ingredients not grown locally, such as the addition of sugar or seasonings.
MEAT PROCESSINGCutting, trimming, grinding, smoking, curing and freezing locally raised or obtained meat; does not include slaughtering, skinning, dehairing and eviscerating.
An establishment for the slaughter, skinning, dehairing and
eviscerating of livestock, poultry, waterfowl or game, in which the
operation is limited to livestock or game that is locally produced
or obtained. The use is limited to processing of products from Maryland
and adjoining states.
[Added 11-28-2017 by
Bill No. 2017-07]
Shall mean and include, but is not limited to, the cultivation,
management and tillage of soil for composting, production, harvesting
and processing of agricultural crops including pick-your-own); breeding
and caring for livestock and poultry, production of eggs; dairying,
apiculture; aquaculture, production of fruit, vegetables and other
horticultural crops, including viticulture, production of aquatic
plants; aquiculture; activities conducted within a farm alcohol production
facility and associated lands; forestry operations; other agricultural
processes performed incident to or in conjunction with such operations
including preparation for market, delivery to storage or to market
or to carriers for transportation to market; and usage of agricultural
or rural land in furtherance of educational and social goals (such
as but not limited to 4-h clubs and future farmers of america). an
agricultural operation may include but is not limited to value-added
on or off- site processing of agricultural products in order to increase
its market value, including canning, milling, grinding, freezing,
heating, fermenting and distilling and the sale of original or value-
added products.
[Added 4-13-2021 by Bill No. 2021-01]
Any activity conducted in conjunction with "agricultural
operations" (located on the same parcel or parcel that is contiguous
to a parcel upon which an agricultural operation is conducted) that
is intended to attract members of the public for recreational, entertainment,
historical, or educational purposes to view and/or participate in
one or more functions of the agricultural operation, including, but
not limited to, hay rides, picnics, lectures and presentations, camping,
farm or cabin stays, or other activities and attractions. An ecotourism
activity may be agritourism if it is conducted in conjunction with
an agricultural operation. An activity may be considered agritourism
regardless of whether the participant paid to participate.[1]
[Added 5-1-2012 by Bill No. 2012-07; amended 4-13-2021 by Bill No. 2021-01]
Any land area which is used or intended for use for the landing
and taking off of 20 or more aircraft, and any appurtenant accessory
areas which are used or intended for use for airport buildings or
other airport facilities or rights-of-way, including all necessary
taxiways, aircraft storage and tie-down areas, hangars and other necessary
building and open spaces. This term does not include private use airports.
Any airport for personal use of the property owner, which
includes no commercial uses.
An establishment for the manufacturing, packaging, storage,
promotion and sale of alcoholic beverages produced by a state-issued
license holder, which may include an on-site tasting room(s) for the
promotion and sale of products as licensed.
[Added 9-11-2018 by Bill
No. 2018-04]
Exterior equipment designed to transmit or receive electronic
signals.
See "commercial apartment."
A person, corporation or company whose request initiates
the administrative procedures for the issuance of a zoning permit,
zoning change, special exception, variance, appeal, sign permit or
other decision based on this chapter.
The commercial rearing of finfish, shellfish and aquatic
plants for sale, trade, barter or shipment. "Aquaculture" shall not
include the processing of this material other than what is necessary
for transportation from the site.
Any activity conducted upon land or in/over the water either
within or outside of commercial water-dependent facilities, including,
but not limited to, packing, processing, canning or freezing of finfish,
shellfish, and amphibians and reptiles, wholesale and retail sales,
sampling and tasting, tours, product storage, crab shedding, docks,
and shellfish culture operations.
[Added 4-13-2021 by Bill No. 2021-01]
The unique details and component parts that, together, form
the architectural style of buildings, houses, and other structures.
These features include but are not limited to accentuated windows
and doorways, balconies, bay windows, chimneys, louvers and gable
vents. Brick herringbone patterns or faux closed exterior shutters
are permitted, in lieu of functional windows, so long as they are
integrated into the veneer of the facade.
[Added 9-21-2021 by Bill No. 2021-02]
A method of accentuating building facades via the incorporation
of architectural features. Articulation accentuates the visible aspect
of the different parts of a building. The articulation of a building
reveals how the parts fit into the whole by emphasizing each part
separately.
[Added 9-21-2021 by Bill No. 2021-02]
See "junkyard."
A story having 1/2 or more of its floor-to-ceiling height
below the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
An existing single-family, owner-occupied dwelling that is
used for lodging guests for compensation, none of whom remain for
more than seven consecutive nights, and that provides food or beverage
service for the overnight guests, including breakfast at a minimum.
See "sign, outdoor advertising."
A commercial operation producing forged iron products, including
horseshoes, except that a farrier whose operation is limited to shoeing
horses or other equine is not a commercial "blacksmith."
A single-family detached residence consisting of at least
one dwelling unit, together with more than two rooms that are rented
or are designed or intended to be rented but, individually or collectively,
do not constitute separate dwelling units. A rooming house or boardinghouse
is distinguished from a bed-and-breakfast or tourist home in that
the former is designed to be occupied by longer-term residents as
opposed to overnight or weekly guests.
A structure having one or more stories and a roof designed
primarily as a place of occupancy, storage or shelter.
A building subordinate to and located on the same lot as
a principal building and used incidentally to a principal building
or housing an accessory use, which is not attached to the principal
building in any way.
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.
As defined by the International Building Code (IBC) edition
adopted by Charles County.
[Added 9-21-2021 by Bill No. 2021-02]
See "setback."
[Added 9-21-2021 by Bill No. 2021-02]
Establishments primarily engaged in rendering services to
businesses on a fee or contract basis. Some illustrative but noninclusive
examples are actuarial services, advertising services, blueprinting
and photocopying, catering, credit reporting and collection services,
data processing, detective and protection services, direct-mail advertising,
disinfecting and exterminating, duplicating and publishing, employment
agencies and services, janitorial services, motion picture distribution
services, office or business equipment rental and leasing, photo finishing,
secretarial or stenographic services, tag and title services, telecommunications,
window cleaning and computer processing.
A lot, tract or parcel of land upon which two or more campsites
are located, established or maintained and occupied by camping units
for children or adults, or both. Camps will include tents, cabins,
dormitories, dining halls, active and passive recreation facilities.
A roof-like structure of a permanent nature which may be
freestanding or projected from a wall of a building or its supports.
An area of land and/or a structure with mechanical or hand-operated
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
Any establishment for the commercial boarding of five or
more adult cats for which a fee is charged.
[Added 9-10-1996 by Ord. No. 96-88]
That portion of the parking area used for access to parking
or loading areas or other facilities on the lot. Driveways and other
maneuvering areas (other than parking aisles) comprise the circulation
area.
A development concept which encourages and permits variations in residential developments by allowing deviation in lot size, type of dwelling, lot coverage and open space from that which is normally required in the applicable zone as further described under Article XIV.
A dwelling unit located above and/or behind the principal
commercial use.
A parcel of land owned by a community homeowners' or condominium
association for dogs to exercise and play off-leash, in a controlled
environment, under the supervision of their owners. This use is to
be set back at least 25 feet and screened via a Bufferyard C from
adjacent residential lot lines. Minimum amenities shall include rules
and regulations signage, a five-foot coated chain-link fence (or equivalent
quality) around the perimeter, with double-gated entry, seating area,
waste bag dispenser and waste disposal receptacle. Operation of the
community dog park shall be regulated by the community association.
[Added 9-21-2021 by Bill No. 2021-02]
A parcel of land owned by a community homeowners' or condominium
association designated for members of the association to cultivate
vegetables, fruits and flowers. A potable water source will be supplied
via outdoor spigots. Operation of the community garden shall be regulated
by the community association.
[Added 9-21-2021 by Bill No. 2021-02]
A source of water supply and distribution system serving
two or more individual lots, dwelling units, businesses, commercial
or industrial establishments or any combination thereof, and may be
publicly or privately owned and/or operated.
Installing plants that are suited to the site conditions
(sun exposure, soil moisture, soil pH and soil type), native to the
region, and that emulate a specific habitat (woods, wetland or meadow).
[Added 5-7-2008 by Bill No. 2008-01]
A building divided into multiple independent and fully enclosed
storage compartment units of 500 square feet or less, each of which
is leased to an individual solely for dead storage and not for use
in connection with the operation of a business. Dead storage refers
to the storage of furniture, files, or other items, for safekeeping.
No activities other than the dead storage of items or transfer of
nonvolatile goods or leasing of storage space are permitted. All units
must be located within a climate-controlled building and all access
to individual units must be from within the building.
[Added 10-2-2018 by Bill
No. 2018-06]
The performance of work by, or furnishing of supplies to,
members of the building trades. Some illustrative but noninclusive
examples are: building contractors; carpentry and wood flooring services;
electrical services; energy systems service and products; general
contractors; masonry, stonework, tilesetting and plastering services;
plumbing, mechanical, heating and air-conditioning services; roofing
and sheet metal services; septic tank sales, service and installation;
sign painting; and cabinetmaking.
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. 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 "High's,"
"7-11" and "Dash-In" chains.
An accessory business operation conducted within an existing accessory structure to a principal residential dwelling on a property or within an existing structure located on a farm adjoining and under common ownership with a lot containing the primary domicile of the common property owner and located within the AC, RC, or RR Zones in full compliance with the conditions and requirements specified in § 297-29B(22) of the Charles County Zoning Ordinance. See also definition of "home occupation."
[Added 12-4-2006 by Bill No. 2006-13; amended 10-16-2007 by Bill No. 2007-09]
Any detached residential structure at least 50 years old
in which rooms are rented to paying guests on an overnight basis with
meals served daily in said structure. A country inn may also provide
catering and facilities for banquets, weddings, receptions, reunions
and similar one-time events which are not open to the public generally.
[Added 10-31-1995 by Ord. No. 95-96]
A place where day care is provided to nine or more dependent
individuals, not members of the family that resides on the premises,
but not including public or private schools organized, operated or
approved under Maryland laws or day-care homes registered with the
Department of Social Services, as set forth in the Family Law Article
of the Annotated Code of Maryland.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100; 8-9-2005 by Ord. No. 05-13]
A residence in which care is given to a child in place of
parental care, for less than 24 hours a day, other than the child's
residence, for which the day-care provider is paid. No more than two
children under age two and no more than eight children, including
the provider's own, may be provided for.
[Amended 8-9-2005 by Ord. No. 05-13]
Any activity, other than normal agricultural activity, which
materially affects the existing condition or use of any land or structure,
including mines, landfills or land disturbances such as grading, paving
and excavation.
Any private way used to provide motor vehicle access to three
or more lots or three or more distinct areas or buildings in unsubdivided
developments.
[Added 12-7-1993 by Ord. No. 93-100; amended 11-21-1994 by Ord. No.
94-100]
That portion of a parking area that consists of a travel
lane bounded on either side by an area that is not part of the parking
area.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
See "residence, duplex."
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).
A building containing two or more dwelling units having common
walls or roof and a separate ground-level entry for each unit.
An enclosure containing sleeping and kitchen facilities designed
for and used or held ready for and as a permanent residence by one
family.
An antenna and attendant processing equipment for reception
or transmission of electronic signals from satellites where the structure
is in excess of 12 feet in diameter.
Any recreational, entertainment, historical or educational
activity featuring natural resources that is conducted on public or
private property that is held open to the members of the public. Ecotourism
includes but is not limited to nonmotorized boating, birdwatching,
camping, hunting, fishing, hiking, bicycling, stargazing, and beachcombing.
[Added 4-13-2021 by Bill No. 2021-01]
See "residence, elderly care home."
People who are 62 years of age or over or families where
either the husband or wife is 62 years of age or older.
Buildings and structures for the occupancy, use, support
or housing of switching equipment, regulators, stationary transformers
and other such devices for supplying electric service; telephone offices;
radio or television transmitter towers and stations; and aboveground
pipelines.
A branch of physics that deals primarily with energy (physical,
chemical or biological) and its transformations, including the research
and development of pyrotechnics, explosives, and propellants.
[Added 10-22-2008 by Bill No. 2008-21]
A lawful building in place at the time of the enactment of
this chapter.
Any of the exterior faces of a building.
[Added 4-13-2010 by Bill No. 2010-02; amended 9-21-2021 by Bill No. 2021-02]
An individual or two or more persons related by blood or
marriage or a group of not more than eight persons, excluding servants,
not related by blood or marriage, living together as a single housekeeping
group in a dwelling unit.
A private, nonprofit cemetery used for the burial of deceased
members of the extended family of the owner of the land.
An establishment on agricultural land for the manufacturing,
packaging, storage, promotion and sale of alcoholic beverages produced
by a state-issued license holder utilizing ingredients produced on
an associated farm, which may include an on-site tasting room(s) for
the promotion and sale of products as licensed.
[Added 9-11-2018 by Bill
No. 2018-04]
A facility consisting of agricultural land and structures
established and used for agricultural training and startup agricultural
operations. The use includes office, classroom and training facilities;
buildings used in farming operations; and land used for growing crops
and raising livestock.
[Added 11-28-2017 by
Bill No. 2017-07]
An individual who shoes horses or other equine. A farrier
whose operation is limited to horseshoeing is not a commercial blacksmith.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
Manufactured thin section composites of hydraulic cementitious
matrices and discrete non-asbestos fibers conforming to the ASTM C1186,
Type A, Grade II standard.
[Added 9-21-2021 by Bill No. 2021-02]
A building that is designed to accommodate businesses of
varying sizes, capable of being used for a variety of uses, including
offices, research and development, light manufacturing, service agencies,
contractor's offices, manufacturing, assembly, or warehouse and accessory
storage and sales. All principal activities of the various uses shall
be conducted wholly within an enclosed building, but accessory outdoor
storage may be permitted. Flex space buildings typically include roll-up
overhead doors on the rear and/or front of the units.
[Added 9-28-2021 by Bill No. 2021-08]
The quotient determined by dividing the gross floor area
of all buildings on a lot by the total area of that lot. For the purpose
of calculating floor area ratio, the floor area of a parking garage
structure (attached, integrated, or detached) shall not be included
in the gross floor area of occupied buildings.
[Amended 4-13-2010 by Bill No. 2010-06]
Any activity related to the care, use, and conservation of
forests including, but not limited to, sustainable harvest of timber,
the use of forest products such as fruits or nuts, management of forests
for recreation, wildlife management, stabilization of water, clean
air and other human uses.
[Added 4-13-2021 by Bill No. 2021-01]
The length of a property line abutting a public street, road,
highway or private right-of-way recorded in the land records of Charles
County.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
A building with no more than three stories containing four
or more dwelling units off a common entry.
Any retail trade use characterized by the sale of bulky items,
outside display or storage of merchandise or equipment such as lumber
and building materials, farm implements, garden supplies, feed and
grain storage, marine equipment sales and service, stone monument
sales and like uses.
Total site acreage minus any tidal wetland acreage equals
"gross developable 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 developable area multiplied by the number of dwelling
units permitted per acre in a given zone.
A contiguous assembly of one or more lots, for the purpose
of filing an application for development.
[Added 4-13-2010 by Bill No. 2010-06]
A residence in which individuals who are under treatment
for a mental disorder may be provided care or treatment in a home-like
environment, as provided for in the Mental Hygiene Law of the Annotated
Code of Maryland. Also a residence within a single dwelling unit for
at least six but not more than eight unrelated individuals who are
physically or mentally handicapped or infirm or under the age of 18,
together with not more than two persons providing care or assistance
to such persons not requiring medical treatment, 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.
Dwelling or lodging units for temporary nonpaying guests
in an accessory building. No such quarters shall be occupied by the
same guests for a period of more than three months in any twelve-month
period, and no such quarters shall be rented, leased or otherwise
made available for compensation of any kind.
A home for not more than nine unrelated people who have demonstrated
a tendency toward alcoholism, drug abuse 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.
See "building height."
[Added 9-21-2021 by Bill No. 2021-02]
An area, either at ground level or elevated on a structure,
that is used or intended to be used regularly for the landing and
taking off of helicopters, which may include major helicopter support
facilities for fueling, maintenance, parking or storage, administration
offices, cargo loading and waiting room. "Heliports" may be public
or private.
An area, either at ground level or elevated on a structure,
that is used or intended to be regularly used for the landing or taking
off of helicopters without major helicopter support facilities. An
area is a "helistop" if helicopters land and take off more than five
times per week or use the site for more than 20 days during a twelve-month
period. "Helistops" may have minor support facilities such as a sheltered
waiting or loading area and an administrative office, if necessary,
but shall not have facilities for fueling, maintenance, parking or
storing or major cargo loading. "Helistops" may be public or private.
See "lot, high visibility."
[Added 9-21-2021 by Bill No. 2021-02]
An activity carried out for financial gain within a dwelling by the resident(s) which is subordinate to the residential use of the property. Home occupations shall be conducted in full compliance with the conditions and requirements specified in § 297-29B(18) of the Charles County Zoning Ordinance. See also the definition of "cottage industry."
[Amended 12-4-2006 by Bill No. 2006-13]
A building or group of buildings having room facilities for
one or more abiding patients, used for providing services for the
inpatient medical, psychiatric 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; provided, however, that such related facility must
be incidental and subordinate to the main use and must be an integral
part of the hospital operation.
A building or group of buildings containing guest rooms where,
for compensation, lodging is provided for transient visitors. A hotel,
motel or inn is not a bed-and-breakfast, boardinghouse, fraternity
or sorority house or school or college dormitory as may be defined
and regulated elsewhere in this chapter.
A stream in which surface water is absent during a portion
of the year.
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. It includes an auto wrecking yard or the storage of three
or more inoperable vehicles, but excludes uses established entirely
within enclosed buildings and wrecked motor vehicles stored for a
period of not more than 90 days.
Any establishment for the commercial breeding, boarding,
grooming, sale or training of five or more adult domestic animals
for which a fee is charged, provided that an animal hospital maintained
by a licensed veterinarian as part of the practice of veterinary medicine
for the treatment of animals shall not be considered a "commercial
kennel."
[Amended 9-10-1996 by Ord. No. 96-88]
An area containing plant materials, including trees, shrubs,
ground cover and other vegetation, established and maintained for
enhancing the appearance of the site, noise reduction, buffering or
screening. Where appropriate, a landscape area may also include walls
or fences, benches, terraces, pathways and similar features.
[Added 4-13-2010 by Bill No. 2010-02]
A parcel of land whose boundaries have been established by a
recorded deed or a recorded subdivision plat filed among the land
records of the County, but not including land identified on any such
plat as an outlot.
If a public body or any authority with the power of eminent
domain condemns, purchases or otherwise obtains fee simple title to
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 for 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.
The Zoning Officer 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.
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;
In a residential zone, 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 25
feet from the center of the traveled portion.
A lot situated at the intersection of two or more streets.
The computed ground area occupied by all buildings within
a lot.
The mean horizontal distance between the front lot line and
rear lot line of a lot, measured within the lot boundaries.
A lot where one or more of the exterior façade walls
(end/rear) are prominent (such as corner lots and lots visible from
public areas, such as recreation areas, streets and parking lots,
or because of topography or road curvature).
[Added 9-21-2021 by Bill No. 2021-02]
A lot other than a corner lot.
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 or through lot, both boundaries
along a public way shall be considered "front lot lines."
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line at least 10 feet in length entirely within the lot, parallel
to and at a maximum distance from the front lot line. In the case
of corner and through lots, one "rear lot line" shall be established.
The property lines bounding the lot.
Any boundary of a lot which is not a front lot line nor a
rear lot line.
A parcel of land which is shown on a recorded plat but which
is not to be occupied by a building or otherwise considered as a buildable
lot within the meaning of this chapter. No building permit shall be
issued on any land so designated.
A lot with a narrow stem, extension or "handle" which provides
frontage on a public road or public road right-of-way or a private
road right-of-way recorded in the land records of Charles County.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
A lot with frontage on a cul-de-sac and side lot lines which
extend from the common radial point of the cul-de-sac or with frontage
on the outside edge of a road curve and side lot lines perpendicular
to the road center line.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
A parcel of land which has been legally recorded in the land
records of Charles County.
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.
The horizontal distance between the lot lines along a straight
line parallel to the front line at the minimum required building setback
line.
A dwelling unit that is not constructed in accordance with
the standards set forth in the County's Building Code[2] applicable to site-built homes; 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;
and exceeds 40 feet in length and eight feet in width.
A manufactured home constructed after July 1, 1976, that
meets or exceeds the construction standards promulgated by the United
States Department of Housing and Urban Development that were in effect
at the time of construction and that satisfies each of the following
additional criteria:
The home has a length not exceeding four times its width, which
may be calculated using the measurements of a carport or an enclosed
porch;
The pitch of the home's roof has a minimum vertical rise of
one foot for each five feet of horizontal run and the roof is finished
with a type of shingle that is commonly used in standard residential
construction;
The exterior siding consists of wood, hardboard or aluminum
(vinyl-covered or painted, but in no case exceeding the reflectivity
of gloss white paint) comparable in composition, appearance and durability
to the exterior siding commonly used in standard residential construction;
A continuous, permanent masonry foundation, unpierced except
for required ventilation and access, is installed under the home;
and
The tongue, axles, transporting lights and removable towing
apparatus are removed after placement on the lot and before occupancy.
A manufactured home constructed after July 1, 1976, that
meets or exceeds the construction standards promulgated by the United
States Department of Housing and Urban Development that were in effect
at the time of construction but that does not satisfy the criteria
necessary to qualify the house as a Class A manufactured home.
A residential use in which more than one manufactured home
is located on a single lot.
Processing, creating, repairing, renovating, painting, cleaning
and assembling of goods, merchandise or equipment. Retail sales and
service uses may be included, provided that the products sold are
manufactured on the site or accessories to products manufactured on
the site by the owner or lessee of the site, not more than 10% of
the floor space of the main structure may be devoted to the retail
sales of articles made on the premises and any service facilities
are limited to the repair and/or service of products manufactured
by the owner or lessee of the site. Nothing herein contained shall
be construed to permit the operation of general retail sales business.
A place for docking four or more pleasure boats or providing
services to pleasure boats and the occupants thereof, including minor
servicing and repair to boats while in the water, sale of fuel and
supplies and provisions of goods, beverages and entertainment as accessory
uses. A yacht or boat club shall be considered as a "marina."
A roof-like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public
way.
See "general merchandise."
One or more structures, buildings, tents, barracks, trailers,
vehicles, manufactured homes, converted buildings and unconventional
enclosure of living spaces established, operated or used as living
quarters for four or more migratory workers engaged in agricultural
activities, including related food processing.
A building in which the predominant uses on the first floor
are retail, restaurant, or commercial services and the predominant
uses on the upper levels are residential apartments or offices.
[Added 4-13-2010 by Bill No. 2010-02]
A mixed-use building designed for residential use on an least
one level above the first floor.
[Added 4-13-2010 by Bill No. 2010-02]
A self-contained mobile vehicle or trailer that sells food
from parking lot curb or parked side of the vehicle to the public.
A mobile food service facility does not include ice cream trucks or
sandwich trucks for commercial sites. Ice cream trucks and sandwich
trucks are not regulated by these requirements.
[Added 9-20-2016 by Bill
No. 2016-06]
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 manufactured home or a series of panels or
room sections transported on a truck and erected or joined together
on the site.
See "hotel, motel or inn."
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 or repair and replacement of
minor parts such as pumps and filters, brake service and the like.
"Motor vehicle fuel 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. A car wash with
up to two bays may be permitted as an accessory use.
Storage and display for sale of more than one motor vehicle
or any type of trailer, provided that the trailer is unoccupied, and
where repair or body work is incidental to the operation of the new
or used vehicle sales.
A building or portion thereof containing three or more dwelling
units.
[Added 4-13-2010 by Bill No. 2010-02]
Any utility facility needed to provide a basic service such
as water, sewer, telephone and cable television to the individual
users.
A situation that occurs when, on the effective date of this chapter, any previously lawfully 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 zone 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 XXVIII, but shall be governed by the provisions of Article XIX.
An institutional facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than
that available in a hospital to more than nine persons.
A commercial establishment or an accessory use which offers
pari-mutuel betting at a satellite simulcast facility of a thoroughbred
or harness race that is simulcast from a sending track by a state
licensee and which transmits pari-mutuel information regarding bets
back to the sending track.
Uncovered areas for public enjoyment consisting of such things
as green areas, gardens, plazas, walks, pathways, promenades, arcades,
lawns, fountains, decorative plantings, passive or active recreational
areas and uncovered areas used for agriculture or forestry. Such space
shall not include parking or maneuvering areas for vehicles. Areas
devoted to this are readily accessible to the public or residents
of the development.
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.
A portion of the vehicle accommodation area consisting of
lanes providing access to parking spaces.
An area set aside for the parking of one vehicle.
Parking areas within a residential community that are in
addition to required parking spaces per unit, which are utilized by
visitors to, and not residents of, the neighborhood.
[Added 9-21-2021 by Bill No. 2021-02]
An uncovered area that is paved with concrete, brick, or
other masonry material and does not possess a permanent roof structure
or walls.
[Added 9-21-2021 by Bill No. 2021-02]
A stream containing surface water throughout an average rainfall
year.
Services rendered to an individual. Examples are beauty and
barber shops, clothing alterations, dance and music studios, fur repair,
interior decorating, photography studios, rug cleaning and repair
(in-home cleaning), shoe repair, watch and jewelry repair, appliance
repair and furniture repair.
Specialized semi-conductor materials that absorb sunlight
and converts it into electricity through a process known as the photoelectric
effect. Inter-connected assemblies or layers of these solar cells
are integral components in certain types of solar energy systems,
which form solar modules, solar panels, solar arrays, solar shingles,
solar tiles and thin-films among others.
[Added 5-6-2014 by Bill
No. 2014-02]
The field of technology and research related to the application
of solar cells for energy by converting the sun's energy directly
into electricity.
[Added 5-6-2014 by Bill
No. 2014-02]
A siding made from polypropylene resin and which uses an
injection molding process to form a product with highly defined three-dimensional
patterns in a variety of styles, sizes and colors; for example, shake
and shingle cladding with a cedar pattern.
[Added 9-21-2021 by Bill No. 2021-02]
A covered area projecting from and structurally connected
to a building, with a separate roof, that is not sued for livable
space.
[Added 9-21-2021 by Bill No. 2021-02]
The keeping of more than:
[Added 12-7-1993 by Ord. No. 93-100; amended 11-21-1994 by Ord. No.
94-100]
The finely divided residue which results from combustion
of ground or powdered coal and is released by combustion gases, as
further defined in § 7-464 of the Natural Resources Article,
Annotated Code of Maryland, as amended.[3]
[Added 2-13-1996 by Ord. No. 96-7]
An area where pozzolan is deposited or landfilled in accordance
with sound engineering practices and may be later reclaimed or mined.
[Added 2-13-1996 by Ord. No. 96-7]
[Added 10-5-2021 by Bill No. 2021-04]
A "processing facility" means a combination of structures, machinery,
or devices used to reduce or alter the volume, chemical or physical
characteristics of solid waste. A generator who processes his or her
own solid waste at the site of generation and disposes of the processed
solid waste off the site of generation at a disposal site permitted
by the Maryland Department of the Environment is not considered to
be a processing facility.
A "transfer station" is defined as a place or facility where
waste materials are taken from one collection vehicle (for example,
compactor trucks) and placed in another transportation unit (for example,
(over-the-road tractor trailers, railroad gondola cars, barges or
ships) for movement to other solid waste acceptance facilities. For
the purposes of this use and these regulations, collection points
serving rural residential areas are not considered to be transfer
stations, provided that solid waste is not transferred from a collection
vehicle to another transportation unit.
The lines bounding a lot, as defined herein.[4]
A parcel of land which is designated not to be used as a
residential lot and is to be dedicated to the homeowners' association,
the County, the state or any other public entity, subject to the following:
[Amended 6-24-1996 by Ord. No. 96-69]
The lot shall be demonstrated to be acceptable to the future
property owner, organization or agency, including reasonable access
and maintenance.
Written acknowledgement by the future property owner, organization
or agency is to be provided prior to preliminary subdivision plan
approval.
The proposed use of the lot is clearly specified on the subdivision
plan and plat and determined to be an appropriate use by the Planning
Commission as a part of the preliminary subdivision plan approval
process.
Appropriate deed restrictions are recorded with the final subdivision
plat.
Any sidewalk, street, alley, highway or other public thoroughfare.
A structure that 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 is designed for temporary use as sleeping quarters,
but that does not satisfy one or more of the definitional criteria
of a manufactured home.
Any site, lot, parcel or tract of land which is improved,
used or intended to provide a location for the servicing or temporary
accommodation of one or more trailers which are used for travel, camping
or recreational purposes.
A two-family residential use in which the dwelling units
share a common wall, including the wall of an attached garage or porch.
[Amended 9-21-2021 by Bill No. 2021-02]
Group, family-style, assisted housing for the elderly in
existing single-family detached homes which provide a residential
environment and supervised personal services for persons over the
age of 62 who have temporary or periodic difficulties with one or
more essential activities of daily living. Any such facility shall
be certified or licensed by the State of Maryland.
A building containing four or more dwelling units off a common
entry with no more than three stories.
[Amended 9-21-2021 by Bill No. 2021-02]
A building containing eight or more dwelling units with six
or more stories and a common entry.
[Amended 9-21-2021 by Bill No. 2021-02]
A building on a single lot containing one dwelling unit located
with one side on or near one side lot line and designed to orient
interior living space to the other three yards.
A building containing eight or more dwelling units off a
common entry with four or five stories.
[Amended 9-21-2021 by Bill No. 2021-02]
A residential use consisting of a building 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).
A building containing three or more attached dwelling units
having common walls or roof and a separate entry for each unit.
[Amended 9-21-2021 by Bill No. 2021-02]
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 50% of the gross floor area of the building,
and the minimum floor area shall also be 300 square feet.
A residential use consisting of a single detached building
containing one dwelling unit, including modular homes and manufactured
homes meeting the following criteria:
Not less than 24 feet in width and 40 feet in length;
Installed in compliance with the regulations of the County;
Constructed with brick, wood, aluminum, vinyl or cosmetically
equivalent exterior siding;
Constructed with a minimum pitch of three feet for every 12
feet of shingle roof covering or a cosmetically equivalent roof system;
Constructed with a minimum four-inch roof overhang; and
Permanently affixed to a foundation supporting the load-bearing
framework of the manufactured home and a foundation wall enclosing
its entire perimeter.
A building containing three or more attached dwelling units
in a row having access from the front or side and rear of the dwelling.
[Amended 9-21-2021 by Bill No. 2021-02]
A place of business being operated for the retail sale of
food and other goods, services or entertainment which is designed
to allow patrons to be served or accommodated while remaining in their
automobiles or which allows the consumption of any food or beverage
obtained from a carry-out window.
Any 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 either be eaten inside the premises
or served customers in motor vehicles at a drive-through window.
An 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.
An 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.
A food-serving establishment whose principal business is
the production and sale of food ordered from a menu and served 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.
Buildings ranging from 100,000 square feet or larger designed for use as a discount department store offering a wide variety of merchandise; a product category store offering a large selection of merchandise of a particular type of product; a warehouse club offering a variety of bulk goods at discount prices, or an outlet store. No more than 50% of the building's floor area is permitted to be subleased or subdivided for other businesses. Reference the requirements of use, 6.01.150, in Article XIII.
[Added 9-23-2002 by Ord. No. 02-80; amended 6-13-2017 by Bill No. 2017-01]
A residential institutional facility providing a graduated
range of housing and services for individuals who are 55 years of
age or older, ranging from single-family attached, detached or multifamily
dwelling units to congregate housing facilities. For all dependent
and semi-independent living units within the complex, such facilities
shall include communal dining and food preparation facilities, laundry
and cleaning facilities, common recreation and meeting space, and
medical and personal services, provided that none of these ancillary
facilities or services are available to the general public, unless
otherwise permitted within the zone in which the use is located.
[Added 9-28-1998 by Ord. No. 99-25; amended 10-3-2005 by Bill No. 2005-18]
A road which carries the major portion of the traffic entering
and leaving an area of the County.
A road which provides for principal internal movements at
low to moderate operating speeds within residential neighborhoods,
business or industrial areas and which is a primary means of circulation
between adjacent neighborhoods and which functions to distribute traffic
from arterials to local and other collector roads and collects traffic
from local roads and channels it into the arterial system.
A street that terminates in a vehicular turnaround.
A road which primarily provides direct access to abutting
property. Overall operating speeds are low in order to permit frequent
stops or turning movements to be made with maximum safety.
A street that is parallel to and adjacent to an arterial
street and that is designed to provide access to abutting properties
so that these properties are somewhat sheltered from the effects of
the through traffic on the arterial street and so that the flow of
traffic on the arterial street is not impeded by direct driveway access
from a large number of abutting properties.
An arterial road with special requirements for landscaping
and access. These include roads like Western Parkway, St. Patrick's
Drive, Smallwood Drive and St. Charles Parkway.
An arterial road which carries a high volume of traffic for
interstate or intercounty travel. These include roads like U.S. Route
301, MD Route 5, MD Route 210, MD Route 205, MD Route 228 from MD
Route 210 to Beale Hill Road to U.S. Route 301 and MD Route 6 east
of La Plata.
All private rights-of-way recorded in the land records of
Charles County used to provide motor vehicle access to one or more
lots.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
A public street or a street with respect to which an offer
of dedication and improvements consistent with the County's Road Ordinance[5] has been made.
See "boardinghouse."
The cross-sectional dimension of the circle swept by the
rotating blades.
[Added 5-6-2014 by Bill
No. 2014-02]
See "junkyard."
An antenna and attendant processing equipment for reception
of transmission of electronic signals from satellites where the structure
is less than 12 feet in diameter.
The pari-mutuel betting at a satellite simulcast facility
in the County on a race that is simulcast from a sending track by
a Mile Thoroughbred Racing licensee or a Harness Racing licensee;
and the transmission of the pari-mutuel information regarding bets
at the satellite simulcast facility to the sending track.
A method of visually shielding or obscuring one abutting
or nearby use or structure from another. Acceptable methods include
fences, walls, earthen berms, change of grade, dense natural vegetation
or trees, or densely planted vegetation or landscaping.
[Added 9-21-2021 by Bill No. 2021-02]
A line which is a required minimum distance from the road
right-of-way and any lot line that establishes the area within which
buildings or structures must be erected or placed.
[Amended 9-21-2021 by Bill No. 2021-02]
Any shelled mollusk or crustacean.
[Added 4-13-2021 by Bill No. 2021-01]
A shelter operated by a public or nonprofit organization
to provide temporary housing to an individual or a family in emergency
before the individual or the family move(s) to a more permanent place.
A permanent shelter could be a single-family dwelling unit or a larger
building which could either have a common kitchen and bathroom or
efficiencies with separate provisions for cooking and bathing. The
maximum stay of an individual or a family shall not exceed one year.
This definition does not apply to emergency shelters established for
disaster relief as set forth in the Annotated Code of Maryland.
[Amended 7-9-2019 by Bill No. 2019-01]
A shelter operated for no more than 30 days by a public or
nonprofit organization to provide housing to individuals or families.
A concentrated grouping of retail and service uses designed,
developed and managed as an integral entity providing common vehicle
access and group parking.
Commodities which tend to be purchased on a comparison basis,
including apparel and accessories, automobile supplies, business equipment
sales and service, china and glassware, commercial art, communications
equipment sales and service, draperies, fabrics and upholstery, floor
coverings, furniture, hardware, home appliances and furnishings, luggage
and leather goods, musical instruments and supplies, paint and wall
coverings, party supplies, photographic equipment sales and service,
radios, records and tapes, secondhand merchandise, sporting goods,
television and stereo sales and service, toys and games shops and
like uses. Establishments commonly referred to as catalog showrooms,
department stores, discount stores, variety stores and supermarkets
shall be regulated as "shoppers' merchandise." Rental businesses of
any merchandise allowed to be sold in the respective zone shall be
regulated as "shoppers' merchandise."
See "specialty shops."
Any shoreline that has a historical shoreline erosion of
four to eight feet or greater according to the Atlas of Historic Erosion
Rates in Maryland (Coastal Resources Division, Tidewater Administration).
Any structure, part thereof or device attached thereto or
painted or represented thereon or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, device, trademark or other representation
used as or in the nature of an announcement, advertisement or direction
or to attract attention to any person, firm, group, organization,
place, commodity, product, service, business, profession, enterprise
or industry which is located upon any land, vehicle, building, on
or upon a window or indoors and which is visible from any street,
right-of-way, sidewalk, alley, park or other public property. The
flag, emblem, insignia, poster or other display of a nation, political
unit, educational, charitable, religious or similar group, campaign,
drive or event shall not be included within the meaning of this definition.
Customary displays of merchandise or objects and material without
lettering placed behind a store window are not "signs" or parts of
"signs."
The entire area enclosing the extreme limits of writing,
representation, emblem or any figure of similar character, together
with any frame or other material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed, excluding the necessary supports or uprights
on which such sign is placed. Where a sign has two or more faces,
the area of all faces shall be included in determining the area of
the sign, except that where two such faces are placed back-to-back
and are at no point more than two feet from one another, the area
of the sign shall be taken as the area of one face if the two faces
are of equal area or as the area of the larger face if the two faces
are of unequal area.
See "sign, outdoor advertising."
See "sign, wall" and "sign, projecting."
A sign which directs attention to a business, commodity,
service or other activity conducted upon the premises upon which such
sign is located.
A sign designating the location of a community or an institution
of a public or quasi-public nature or the opening of an event of public
interest, but not including signs pertaining to real estate.
A sign supported by uprights or braces in or upon the ground
surface.
A structure consisting of uprights of braces in or upon the
ground surface supporting one or more signs.
Nameplates or signs designating accessory uses, such as a
doctor's office, home occupation or similar use or advertising exclusively
the sale of farm products produced on the premises.
A sign which touches ground level and is not higher than
12 feet above the road grade.
[Amended 7-13-2010 by Bill No. 2010-12]
A sign located on the premises to which it pertains.
A sign, including a billboard, which directs attention to
a business, commodity, service, entertainment or other activity conducted,
sold or offered elsewhere than on the premises upon which such a sign
is located.
A permit issued by the Zoning Officer that authorizes the
recipient to erect, move, enlarge or substantially alter a sign.
A sign which is attached directly to the building or wall
and which extends from the face of the wall based upon what the current
building code allows.[6]
[Amended 7-13-2010 by Bill No. 2010-12]
A sign advertising the sale, lease, rental or development
of any particular premises or directing attention to the opening and
location of a new subdivision, neighborhood or community.
A sign which is erected, constructed and/or maintained upon
and projects above or beyond the roof or parapet wall.
A sign, banner or other advertising device constructed of
cloth, canvas, fabric or other light temporary material, with or without
a structural frame, intended for a limited period of display, including
decorative displays for the holidays or public demonstrations.
A sign which is painted on or attached directly to the building
wall and which extends not more than what the current building code[7] allows from the face of the wall.
[Amended 7-13-2010 by Bill No. 2010-12]
Any site plans other than those identified as minor site
plan applications.
Site plans for detached single- and two-family dwellings,
accessory buildings, additions less than 1,200 square feet for residential
uses and change in use.
One room containing sleeping and bathing facilities designed
for and used as a permanent residence by one or two individuals. Kitchen
facilities may be contained in the unit or may be part of the common
area shared by at least three SRO units. Each SRO unit shall be considered
1/3 of a dwelling unit for purposes of calculating density and parking
requirements.[8]
A solar collection system which relies upon sunlight as an
energy source for electricity generation, space heating, space cooling,
or water heating.
[Added 5-6-2014 by Bill
No. 2014-02]
The individual(s) or entity that owns, or intends to own,
the property upon which the solar energy system will be operated in
accordance with this chapter. The owner could be multiple parties
in the case of a power purchase agreement.
[Added 5-6-2014 by Bill
No. 2014-02]
A solar collection system that generates electricity from
sunlight and is interconnected with an electric utility power grid.
The system may receive backup power from a local utility power grid
when the system is not producing enough power to meet demand and may
include optional battery storage equipment to provide individuals
backup power during utility-related outages. When the system generates
excess power, it may be redistributed onto the power grid for other
customers to utilize, in accordance with current state net-metering
laws.
[Added 5-6-2014 by Bill
No. 2014-02]
A solar collection system that is installed upon a pole,
rack or suitable foundation, on the subject property.
[Added 5-6-2014 by Bill
No. 2014-02]
A solar collection system that generates electricity from
sunlight, to be sold for-profit to a wholesale electricity market
through a regional transmission organization and an interconnection
with the local utility power grid and/or for direct distribution to
a number of properties and consumers.
[Added 5-6-2014 by Bill
No. 2014-02]
A solar collection system that is typically utilized when
a public utility power source is not available or is not cost effective
to connect to. This type of solar energy system may include batteries
or some other form of power storage and/or a fueled generator for
supplemental short-term support or shaving peak loads. This system
is generally utilized to provide energy to remote locations where
power is required for uses such as electricity generation, space heating,
space cooling, or water heating.
[Added 5-6-2014 by Bill
No. 2014-02]
A solar collection system that is installed upon or is part
of the roof of a building or structure located on the subject property.
Systems integrated as awnings or attached to the roofs of porches,
sheds, carports and covered parking structures also fall under this
distinction.
[Added 5-6-2014 by Bill
No. 2014-02]
A solar collection system that generates energy from sunlight
for direct consumption on the subject property and/or for inter-connection
to the electric utility power grid to offset energy use on the subject
property, in accordance with current state net-metering laws.
[Added 5-6-2014 by Bill
No. 2014-02]
A retail store which carries only one type of interrelated
goods, including bookstores, candle shops, cosmetic shops, florist
shops, gift shops, hobby and craft supply shops, novelty shops, pet
shops, photographic shops, souvenir shops, stationery shops, tack
shops, tobacco shops, liquor stores, wine and cheese shops, video
rental, bicycle sales and service (nonmotorized) and like uses.
Any stable for the housing of horses or other equine, operated
for remuneration, hire, sale or stabling or any stable, not related
to the ordinary operation of a farm, with a capacity for more than
four equine.
A portion of a building that is accessible by an interior
stairway, designed and constructed to be occupied for human activity,
and located between the surface of any floor and the surface of the
floor next above it, or, if there is no floor above it, between the
floor and the ceiling above it.
[Added 4-13-2010 by Bill No. 2010-02]
A perennial or intermittent watercourse created naturally
or artificially which contains flow from surface water and water originating
from a groundwater source during a portion of the year, as field verified.
[Added 10-25-1994 by Ord. No. 94-93]
A classification of streams based on stream hierarchy. The
smaller the stream and the fewer its tributaries, the lower its numerical
classification. Stream order hierarchy depends on position in a watershed.
Low-order streams are found in the upper reaches of a watershed; higher-order
streams exist in the lower reaches of a watershed. A first-order stream
does not have tributaries and normally originates from springs or
seeps. A second-order stream begins at the confluence of two first
order streams, etc.
The visual elements of the street including the roadway,
adjacent structures, pedestrian and bicycle facilities, street furniture,
landscaping and open space that combine to form the street's character.
[Added 9-21-2021 by Bill No. 2021-02]
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, stagings, observation towers,
radio and television broadcasting towers, water tanks, trestles, piers,
wharves, buildings located on piers or wharves, sheds, skateboard
ramps, coal bins, shelters, fences, walls, signs and light poles.
Objects such as swing sets, jungle gyms, mailboxes, tree houses and
woodpiles are ordinarily not "structures."
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.
A design of residential or mixed-use developments that contain a residential component that is designed and constructed to demonstrate optimal land planning with greater efficiency, environmental sensitivity, resource conservation, convenience and amenity than required under the base zone regulations (Article VI), or cluster development (Article XIV) regulations, whichever is applicable. Appendix I sets forth the specific criteria for superior design.[9]
[Added 4-13-2010 by Bill No. 2010-06]
Any man-made surfaces that are resistant to the penetration
of water. Concrete, brick paving, roofs and heavily used gravel roads
and parking areas which are subject to high levels of compaction are
examples of "impervious surfaces."
[Added 5-7-2008 by Bill No. 2008-01]
An area on the site of an alcohol production facility or
a farm alcohol production facility in which guests may sample and
purchase the products.
[Added 9-11-2018 by Bill
No. 2018-04]
A dwelling that exists on a farm that is occupied on a temporary
or permanent basis. The tenant shall be actively involved in the farming
operation either on a part-time or full-time basis.
The vertical distance from the lowest grade at the structure's
foundation to the building's cornice, soffit or top of parapet wall.
[Added 4-13-2010 by Bill No. 2010-02]
A designated recreation area for young children, which possesses
imaginative play apparatus, such as activity centers, balance beams,
crawl tubes, climbers, monkey bars, playhouses, sandboxes, slides,
swings, etc., and includes a seating area for adults, in a clearly
defined space. Tot lots additionally include appropriate age rang
and warning signage, as well as perimeter defining fencing when they
are located within 50 feet of any public or private road or street
travel lane.
[Added 9-21-2021 by Bill No. 2021-02]
Any ground- or roof-mounted pole, spire, structure or combination
thereof taller than 15 feet, including supporting lines, cables, wires,
braces and masts, intended primarily for the purpose of mounting an
antenna, meteorological device or similar apparatus above grade. The
term "tower" includes any apparatus attached to the structure except
wireless communication antennas, use 4.06.500.
[Added 9-7-1999 by Ord. No. 99-85]
See "residence, townhouse."
A lot (see definition of "lot"). The term "tract" is used
interchangeably with the term "lot," particularly in the context of
subdivisions, where one "tract" is subdivided into several lots.
Open space designed for active and passive human activities
such as relaxation, recreation and social activity. Usable open spaces
may include, but are not limited to the following:
[Added 4-13-2010 by Bill No. 2010-06]
Usable open spaces shall not include areas statutorily excluded
from development such as jurisdictional wetlands and required buffer
yards.
The purpose or activity for which land, buildings or structures
are designed, arranged or intended or for which land, buildings or
structures are occupied or maintained.
A use which is customarily incidental and subordinate to
the principal use of a lot or the main building thereon and located
on the same lot as the principal use or building.
A use which may be lawfully established in a particular zone
or zones provided that it conforms with all regulations, requirements
and standards of such zone.
The primary purpose or purposes for which a lot or the buildings
thereon are designed, arranged or intended and for which it is or
may be used, occupied or maintained.
Any dwelling unit or use listed in the Table of Permissible Uses under the categories 3.00.000, Residential, or 4.03.000, Institutional residence or care or confinement facilities.[10]
See "parking, visitor."
[Added 9-21-2021 by Bill No. 2021-02]
[Amended 10-25-1994 by Ord. No. 94-93]:
An area that it inundated or saturated by surface or groundwater
at a frequency to support, and under normal conditions does support,
a prevalence of vegetation commonly known as "hydrophytic vegetation,"
which is typically adapted for life in saturated soil conditions.
Outside the critical area, land that is considered a nontidal
wetland in accordance with the most current version of the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands, which
contains the most current standards and which may be amended and interpreted
by the United States Environmental Protection Agency.
Inside the Chesapeake Bay Critical Area, a "nontidal wetland"
is the same as nontidal wetlands as defined by the state critical
area program.
Does not include tidal wetlands regulated under the Natural
Resources Article, Title 9, of the Annotated Code of Maryland.[11]
The sale of commodities or goods (usually in large quantities)
to distributors, contractors or retail outlets for resale to ultimate
consumers. Retail sales and service uses may be included as an accessory
use, provided that the products sold are stored or distributed either
by the owner or lessee of the site, not more than 10% of the floor
space of the main structure may be devoted to the retail sales of
articles stored or distributed on the premises and any service facilities
are limited to the repair and/or service of products stored or distributed
by the owner or lessee of the site. Nothing herein contained shall
be construed to permit the operation of general retail sales business.
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy. This equipment includes
any base, blade, foundation, generator, nacelle, rotor, tower, transformer,
vane, wire, inverter, batteries, guy wire or other component used
in the system.
[Added 5-6-2014 by Bill
No. 2014-02]
The individual(s) or entity that owns, or intends to own,
the property upon which the wind energy system will be operated in
accordance with this chapter.
[Added 5-6-2014 by Bill
No. 2014-02]
The height as measured from the lowest point along the base
to the highest point of the support tower, the top of the turbine
device, or the area swept by the rotor blades, whichever is greatest.
[Added 5-6-2014 by Bill
No. 2014-02]
A monopole, lattice, or guyed structure that supports a wind
generator.
[Added 5-6-2014 by Bill
No. 2014-02]
One or more principal or accessory devices and essential
supporting structures specifically designed to convert kinetic wind
energy to electric power, to be used for direct consumption on the
subject property, inter-connection to the electric utility power grid
to offset energy use on the subject property, sold for-profit to a
wholesale electricity market through a regional transmission organization
and an inter-connection with the local utility power grid and/or for
direct distribution to a number of properties and consumers.
[Added 5-6-2014 by Bill
No. 2014-02]
A single-towered wind energy conversion system that is used
to generate electricity; has a rated capacity of 15 kilowatts or less
for ground-mounted systems and two kilowatts or less for roof-mounted
systems; and has a total height of 50 feet or less for ground-mounted
systems and 15 feet in height above the base of the mounted wind energy
structure for roof-mounted systems.
[Added 5-6-2014 by Bill
No. 2014-02]
The blades and associated mechanical and electrical conversion
components mounted on top of a wind tower.
[Added 5-6-2014 by Bill
No. 2014-02]
An open area between a lot line and the setback line within
which no structure shall be located except as provided by this chapter.
See Figure III-1 below.
A yard extending the full width of the lot, which includes
the area between the front building setback line and the road right-of-way.
In the case of a corner or through lot, both yards extending along
the road right-of-way shall be considered "front yards."
A yard extending across the full width of the lot between
the rear building setback line and the rear lot line.
A yard extending from the front yard to the rear yard between
the side building setback line and the side lot line.
The official designated by the County Administrator as responsible
for enforcing and administering all requirements of this chapter.
A permit issued by the Zoning Officer that authorizes the
recipient to make use of property in accordance with the requirements
of this chapter.
[1]
Editor's Note: The former definition of "agriculture," which
immediately followed this definition, was repealed 4-13-2021 by Bill No. 2021-01.
[3]
Editor's Note: See now Environment Article, § 15-407.
[4]
Editor’s Note: The former definition of “Pub-brewery,”
which immediately followed, was repealed 9-11-2018 by Bill No. 2018-04.
[8]
Editor’s Note: The former definition of “Small-scale
craft winery,” which immediately followed, was repealed 9-11-2018
by Bill No. 2018-04.
[9]
Editor's Note: Appendix I is included as an attachment to this chapter.
[10]
Editor's Note: Figure IV-1 is included as an attachment to this chapter.
[11]
Editor's Note: See now Environment Article, Title 16.