City of Taneytown, MD Article I General Provisions

§ 205-1 Word usage and definitions.

[Amended 10-11-1982 by Ord. No. 11-82; 11-10-1986 by Ord. No. 11-86; 1-12-1987 by Ord. No. 14-86; 7-11-1988 by Ord. No. 12-88]

A. Language interpretation. For the purpose of this chapter, certain words shall have the meaning assigned to them as follows:

(1) Words used in the present tense include the future. The singular number includes the plural and the plural the singular.

(2) The word "building" includes "structure" and any part thereof.

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

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

(5) The word "includes" or "including" shall not limit the term to the specified example but is intended to extend its meaning to all instances of like kind and character.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE, STRUCTURE or BUILDING

A use, structure or building on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, structure or building.

ADULT ENTERTAINMENT ACTIVITY -

Any commercial activity, whether conducted intermittently or full time, which involves:

[Added 7-8-2019 by Ord. No. 7-2019]

(1) Any building, room, place or establishment where the majority of items for sale, display, exhibition or viewing of books, magazines, films, photographs or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts or by an emphasis on male or female genitals, buttocks or female breasts; or sadomasochistic abuse, sexual conduct, or sexual excitement as those terms are defined in Title 11 of the Criminal Law Article of the Maryland Annotated Code;

(2) Any building, room, place or establishment where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologist, physical or occupational therapist who treats only patients recommended by a licensed physician and operates only under such physician's direction, or licensed massage therapist; whether with or without the use of mechanical, therapeutic or bathing devices. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barbershops;

(3) Any building, room, place or establishment which provides topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers; or

(4) Any building, room, place or establishment which provides for off-track betting, telephone betting, internet or wireless betting, or satellite simulcast betting for wagering, betting or gambling purposes.

AGRICULTURE

The tilling of soil, raising of crops, forestry, horticulture, gardening and animal husbandry, and including the sale of crops and dairy and horticultural products incidental to the operation of a farm.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the back or sides of properties.

ALTERATION

(1) A change or rearrangement in the structural parts of a building or in its facilities or its extension either horizontally or vertically.

(2) Any renovation to a building which would change its use classification.

ALTERNATIVE LIVING UNIT (ALU)

A residence that provides residential services for individuals who, because of developmental disability, require specialized living arrangements; admits not more than three individuals; and provides 10 or more hours of supervision per unit, per week or as may hereinafter be defined by the state. (preemptive; state)

[Added 9-13-1999 by Ord. No. 7-99]

ASSISTED LIVING

A residential or family-based program 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 or instrumental activities of daily living in a way that promotes optimum dignity and independence for residents or as may hereinafter be defined by the state.

[Added 9-13-1999 by Ord. No. 7-99]

AUTOMOBILE SERVICE STATION

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering services, such as lubrication, washing and repairs.

BOARDINGHOUSE

An establishment where meals and/or lodging is provided for compensation by prearrangement, but without limitation on time periods involved, with lodging for compensation other than in dwelling units, and for a total of five to 19 roomers and/or boarders.

BUILDING

A structure with a roof intended for the shelter or enclosure of persons or property. Where roofed structures are separated from each other by party walls having no openings for passage, each portion so separated shall be considered a separate building.

BUILDING SETBACK LINE

A line parallel to and the distance from the curbline of a public or private street as specified in this chapter which determines the location of a future building or structure.

CANNABIS DISPENSARY

A person or entity licensed by the state that acquires, possesses, transfers, sells, dispenses, or distributes products containing cannabis or relating to cannabis, both natural and synthetic, in any and all forms, and related supplies and products, at a state-licensed dispensary pursuant to state law and regulation.

[Added 4-11-2016 by Ord. No. 21-2016]

CLUB, PRIVATE

An establishment operated for the social, educational or recreational benefit of the members thereof in which no enterprise is conducted except for the convenience of the members thereof and their guests.

COMMERCIAL SPORTS FACILITY

A privately owned and operated establishment providing indoor and/or outdoor facilities for team and individual sports, fitness and recreation opportunities to the general public.

[Added 3-8-2010 by Ord. No. 2-2010]

COMMUNITY VILLAGE

[Added 9-13-1999 by Ord. No. 7-99]

(1) A planned neighborhood containing strategically located civic and common open space (i.e., squares, playfields and natural spaces as visual and physical focal points) and which may include a variety of dwelling types enabled by this Code, subject to Mayor and Council and Planning Commission approval, attractively designed with high-quality architectural detail and continuity and where particular attention is given to the arrangement, placement and access to off-street parking and the location of detached or attached garages for the storage of vehicles.

(2) Upon a finding that the tract size and location are appropriate, a community village may also include a very limited core area for a village center, which contains sites for such uses as a church, day care, school, shops and minor neighborhood business establishments.

(3) Appropriately located deciduous street trees, grass strips between curb and sidewalk and scaled lighting fixtures along streets are amenities to be included in the community village designation. The community village designation embraces traditional neighborhood design, including the use of alleys, variations of traditional neighborhood design and such other creative land planning design that, in the discretion of the Planning Commission, is determined to be appropriate for the location.

COVERAGE

The percentage of the lot area covered by buildings and structures.

DESIGN STANDARDS

Standards established to protect and enhance the character of the City by regulating various aspects of improvements to existing buildings as well as ensuring that new construction is compatible with its surroundings.

[Added 12-8-2008 by Ord. No. 9-2008]

DWELLING

Any building arranged, designed or used, in whole or in part, to provide living quarters for one or more families, but not including a tent, mobile home, trailer or recreational vehicle or a room in a hospital, institutional home, hotel, motel, tourist court, boardinghouse or rooming or lodging house.

DWELLING TYPES

[Amended 9-13-1999 by Ord. No. 7-99; 9-11-2023 by Ord. No. 06-2023]

(1) SINGLE-FAMILY DWELLING TYPES

(a) SINGLE-FAMILY DETACHED A dwelling designed to accommodate one dwelling unit and not joined to any other dwelling units.

(b) SEMIDETACHED A dwelling containing two dwelling units which are joined side by side by the use of a party wall along a lot line.

(c) ATTACHED A dwelling containing at least three dwelling units, but not more than six dwelling units, joined side by side by a party wall along a lot line.

(2) MULTIFAMILY DWELLING TYPES

(a) APARTMENT A dwelling containing two or more dwelling units which are joined together but do not have lot lines between the dwelling units.

[1] DUPLEX An apartment dwelling containing two dwelling units one of which is located above the other.

[2] GARDEN APARTMENT An apartment structure containing at least three dwelling units but not more than 12 dwelling units and which is not less than two nor more than three stories in height.

[3] RETIREMENT HOME An apartment structure containing at least three dwelling units but not more than eight dwelling units. Retirement homes may be two stories in height, provided that at-grade access can be accomplished for both levels. Occupancy shall be restricted to those meeting the federal definition of "elderly."

(b) QUADRUPLEX A dwelling containing four dwelling units which are joined to one another by at least two common party walls and/or attached permanent structures, such as a garage.

DWELLING UNIT

One or more living and/or sleeping rooms arranged for the use of one or more individuals living as a family, with cooking, living and sanitary facilities, and which is physically separated from any other dwelling units.

[Amended 9-11-2023 by Ord. No. 06-2023]

FAMILY

One or more persons living together and occupying a dwelling unit.

FAMILY DAY CARE

Care provided for not more than eight children in the provider's home on a daily basis rather than on an overnight basis. (Note: This term is referenced in the definition of "home occupation, special.")

[Added 9-13-1999 by Ord. No. 7-99]

GROUP HOME

A residence that provides residential services for individuals who, because of developmental disability, require specialized living arrangements; admits at least four but not more than eight individuals; and provides 10 or more hours of supervision per home, per week, or as may hereinafter be defined by the state. (preemptive; state)

[Added 9-13-1999 by Ord. No. 7-99]

HOME OCCUPATION, CUSTOMARY AND INCIDENTAL

An occupation, profession, activity or use that is clearly a customary, incidental and subordinate accessory use of a residential dwelling unit by a person residing in such dwelling and which does not alter the exterior of the property or affect the residential character of the dwelling or the neighborhood by reason of the activity conducted in the dwelling and for which a zoning certificate can be issued without Board of Appeals approval as a special exception.

[Added 9-13-1999 by Ord. No. 7-99]

HOME OCCUPATION, SPECIAL

An occupation, profession, activity or use that by the nature of the enterprise or activity is more intense than a customary and incidental home occupation, or where additional off-street parking is or may be required for the activity by reason of employment of persons who do not reside in the dwelling, or where deliveries and pickup of materials or products may be expected to occur and where Board of Appeals review is determined necessary by the Zoning Administrator to determine whether the particular activity is appropriate and can be approved at the particular location and what conditions, if any, are to be imposed in granting home occupation use as a special exception. "Special home occupation" may include, by way of example, a beauty parlor or barbershop, provided that there is one chair and one resident providing all services associated therewith; family day care provided by a licensed resident; and the professional office of a resident realtor, attorney, accountant, architect, insurance agent or other similar office involving one but not more than two nonresident employees. "Special home occupation" does not include automotive repair and similar-type uses.

[Added 9-13-1999 by Ord. No. 7-99]

HOTEL

An establishment where lodging is provided for compensation other than in dwelling units and for 20 or more persons. Unless otherwise specified, hotels may serve meals to both occupants and others. For purposes of these regulations, the term "hotel" shall be construed to include a motel, motor court, auto court, tourist court, motor lodge and similar facilities if for 20 or more occupants.

INTERIOR DISTANCE

The minimum distance between two principal buildings located on the same lot.

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, including all open spaces required by this chapter, which has frontage on a street.

LOT AREA

The area contained within the property lines of a lot, excluding space within the street right-of-way.

LOT DEPTH

The average distance between the street right-of-way line and the rear lot line, measured perpendicularly or radially to the street right-of-way line.

LOT OF RECORD

A lot shown upon a subdivision plan recorded in the office of the Clerk of the Circuit Court of Carroll County or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH AT SETBACK LINE

The distance between the side lot lines of a lot, measured along the building setback line.

LOT WIDTH AT STREET LINE

The distance between the side lot lines of a lot, measured along the adjacent street right-of-way line.

MOBILE HOME PARK

Any site, lot, parcel or tract of land which is designed, used or intended to be a rental location for accommodation of two or more mobile homes for living purposes.

NURSING HOME

A full-time, full-care, residential nursing facility that provides to its residents medical, nursing and health-care services, along with housing, meals, and assistance with daily personal needs and activities, and is staffed on a full-time basis with such medical, nursing and administrative staff necessary to provide such services to its residents.

[Added 5-12-2003 by Ord. No. 4-2003]

OLD TOWN

The area of the City of Taneytown known and designated as the Taneytown Historic District, inventory number Carr-1196, by action of the City Council on October 9, 1986.

[Added 12-8-2008 by Ord. No. 9-2008]

OPEN SPACE

Any parcel or tract of land or area of water essentially unimproved and set aside, dedicated, designed or reserved for public use or for private use in common for owners and occupants of land adjoining or neighboring such open space in a subdivision development or community village. "Open space" does not include streets, alleys, reservations for roads, off-street parking areas (unless exclusively serving the open space), areas set aside for planned public facilities, stormwater management facilities, public utility structures or yards on individual lots.

[Added 9-13-1999 by Ord. No. 7-99]

OUTDOOR ADVERTISING BUSINESS

Provisions of outdoor displays or display space on a lease or rental basis only.

PARKING SPACE

A storage area for a motor vehicle, said storage area being provided with access to a public street or an approved private street. Each parking space shall have a minimum width of nine feet and a minimum depth of 20 feet, exclusive of access drives, entrances, exits or driving lanes.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling density, lot coverage and required open space to the regulations established in any one residential district by this chapter.

PRINCIPAL USE, STRUCTURE or BUILDING

The primary use, structure or building located on a lot.

RETIREMENT COMMUNITY AND/OR DWELLING

Residential housing, whether detached or attached, consisting primarily of dwelling units designed for persons 55 years in age or older where occupancy is restricted to persons 55 years or older or to couples where one is 55 years of age or older. The term "retirement dwelling" may include independent housing, semi-independent housing and/or dependent housing, including life care facilities for transitional residency which culminate in full health and continuing care nursing, and may include special support services, such as central dining, limited medical care, laundry services and common recreation and social services for the primary use of the residents.

[Added 9-13-1999 by Ord. No. 7-99]

SETBACK

The minimum distance by which any portion of a building or structure must be separated from a street right-of-way or property line.

[Added 8-9-1999 by Ord. No. 8-99]

SHOPPING CENTER

A group of two or more stores planned and designed as an integrated unit with off-street parking and loading provided on the property as an integral part of the unit. Stores shall primarily be for retailing and maintaining of goods but may also include banks, personal service shops, eating and drinking establishments, health clubs, theaters, auditoriums, bowling alleys and skating rinks.

SIGN, ON-SITE

A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of that business.

STREET

Includes a street, avenue, boulevard, road, highway, freeway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. This does not include fences; power, gas, water, sewage or communication lines or poles; towers or pole structures; or sidewalks, driveways, curbs, streets or parking areas, except those regulated in other areas of the Code of the City of Taneytown, including, but not limited to, Chapter 94 and Chapter 181.

[Amended 12-11-2017 by Ord. No. 16-2017]

YARD

A required open space unoccupied and unobstructed by any portion of a building or structure from the ground upward and in addition defined as follows:

(1) FRONT YARD The required open space lying between the principal building and the front property or street right-of-way line, whichever is closer to the principal building, and extending the full width of the lot.

(2) REAR YARD The required open space lying between the principal building and the rear property or street right-of-way line, whichever is closer to the principal building, and extending the full width of the lot.

(3) SIDE YARD The required open space between the principal building and the side property line and extending the full depth of the lot.

[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99]

§ 205-2 Schedule of fees, charges and expenses.

The Council shall establish a schedule of fees, charges and expenses and a collection procedure for zoning certificates, appeals and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning Administrator and may be altered or amended only by the Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.