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Aberdeen City Zoning Code

ARTICLE I

General Provisions

§ 235-1 Title; scope.

[Amended 11-25-2024 by Ord. No. 24-O-20]
This chapter shall be known and may be cited as the "City of Aberdeen Development Code" and supersedes Ordinance No. 254. The Development Code shall include the text, the Official Zoning Maps, Sign Code, overlay district regulations, architectural review guidelines, and any future amendments thereto and function as the Development Code for the City of Aberdeen. In addition to the documents set forth above, compliance with the following codes may be required if applicable: Floodplain Management Code, Growth Management, Wellhead Protection Code, Forest Conservation Code, Grading and Sediment Control Code, Subdivision of Land, and Stormwater Management Code.[1]
[1]
Editor's Note: See Ch. 456, Signs, Ch. 275, Floodplain Management, Ch. 302, Growth Management, Ch. 524, Wellhead Protection, Ch. 280, Forest Conservation, Ch. 297, Grading and Sediment Control, Ch. 475, Subdivision of Land, and Ch. 465, Stormwater Management.

§ 235-2 Legislative authority; Zoning Maps.

This chapter is adopted pursuant to the Local Government and Land Use Articles of the Annotated Code of Maryland and the City Charter. The Zoning Maps of the City shall be the official maps adopted by legislative action.

§ 235-3 Purpose.

The purpose of this chapter is to protect the public health, safety, and general welfare of the City by regulating the use of the land, building/structure height and size, lot coverage, lot requirements (size, yards, courts, and open space), building/structure location and use locations (business, industrial, residential, etc.). It is also the purpose of this chapter to preserve property values, ensure harmonious and compatible uses, ensure good civic design and harmony and adequate parks, prevent congestion, and promote sound planning principles to prevent undue crowding and to protect the character of each district throughout the City. The provisions of this chapter shall be administered to ensure orderly growth and development and shall supplement and facilitate the provisions in the Comprehensive Plan.

§ 235-4 Applicability; conversion of buildings.

This chapter shall apply to all lands, structures, buildings, properties, and their uses within the territorial limits of the City, including land owned or leased by the City, and to all owners of land and the tenants or occupants thereof, including land owned by the county, state, and the federal government.
Conformance required. Except as specified in this chapter, no land, building, structure or premises shall hereafter be used or occupied, and no building or part thereof or other structure shall be located, relocated, erected, reconstructed, extended, enlarged, converted, or altered, except in conformance with this chapter, the Subdivision Regulations, and overlay district regulations and design requirements and upon the issuance of a building permit and/or certificate of use and occupancy.
Conversion of a building. The conversion of a building to a different or expanded use or into a dwelling, or the conversion of a dwelling so as to accommodate an increased number of dwelling units, shall be permitted only within a zoning district in which a new building for similar occupancy or use would be permitted under this chapter and only when the resulting occupancy or use will comply with the requirements governing in such zoning district.
Unsafe building or structure. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of all or any part of any building or structure declared unsafe by any agency or official having authority to make such a determination.

§ 235-5 Interpretation.

The provisions of this chapter shall be interpreted and applied as the minimum standards for the promotion and protection of public health, safety, and welfare.

§ 235-6 Severability.

If any section, subsection, paragraph, sentence or phrase of this chapter or any portion of the Zoning Map is held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts thereof.

§ 235-7 Definitions.

[Amended 5-6-2019 by Ord. No. 19-O-06; 2-22-2021 by Ord. No. 21-O-02; 6-7-2021 by Ord. No. 21-O-09; 3-28-2022 by Ord. No. 22-O-03; 11-25-2024 by Ord. No. 24-O-20]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Where this chapter refers to Transit Oriented Development Illustrations, Maps and Regulating Plan, those illustrations, maps and regulating plan are set forth in § 235-42 and incorporated by reference.
The relinquishment of the right to use or the cessation of the lawful use of a property for a period of one year. Use of property for purposes other than that permitted under this chapter shall not affect or extend the period of abandonment.
To adjoin, physically touch, border upon, or share a common property line.
An unobstructed way to provide entry to or exit from a property.
A residential living unit on the same parcel as, and subordinate to, a single-family dwelling on that parcel. An ADU provides complete independent living facilities for one or more persons. It may take various forms: a detached unit, a unit that is part of an accessory structure, such as a detached garage, or a unit that is part of an expanded or remodeled dwelling, such as an interior basement or interior upper floor.
A structure that is a) subordinate to and serves the principal structure; b) is located on the same lot as the principal structure; and c) is not attached by any common wall or by a common roof to the main structure. Except for an accessory dwelling unit, an accessory structure under this chapter does not pertain to a separate dwelling unit not attached to the principal dwelling.
A use that is customarily incidental and subordinate to the principal use of the land or of a building on the same lot.
Any construction that increases the size of a building.
To be situated near, but not necessarily touching, a common property line (i.e., separated by a street, alley, or highway).
Land which shares a common property line, and property that would be adjoining but for an intervening easement or road.
An entity or establishment that, as its principal business purpose, offers for sale, rental, exhibition or viewing any printed, recorded, digitally analogued or otherwise viewable matter, any kind of sexual paraphernalia or any kind of live performance, entertainment or exhibition that depicts, describes, or relates to sexual conduct, sexual excitement, or sadomasochistic abuse. For purposes of this definition, "sexual conduct" means human masturbation, sexual intercourse, or the touching of or contact with genitals, pubic area or buttocks of a human or the breasts of a female, whether alone or between members of the same or opposite sex, or between humans and others; "sexual excitement" means the condition of human genitals, or the breasts of a female, when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity; and "sadomasochistic abuse" means flagellation or torture by or upon a human who is nude, or clad in undergarments, or in a revealing or bizarre costume, or the condition of one who is nude, or clad in undergarments, or in a revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained. "Adult entertainment center" includes an adult bookstore.
A facility operated for the purpose of providing care, protection, and guidance to adults during normal business hours, with no overnight usage permitted. The facility shall be licensed by the State of Maryland. This definition shall not include a nursing home or group home.
A dwelling unit that is affordable to a household earning 60% or less of the area median income.
Housing having a sales price or rent within the means of a low- or moderate-income household, as defined by state or federal legislation.
A development that contains independent dwelling units with full kitchens that is designed for and restricted to occupancy by households having at least one member who is 55 years of age or older. An exception is allowed for up to five years following the death or departure, due to incapacity, of a household member 55 years or older, provided that a surviving household member who is at least 50 years old continues to live in the unit. Children less than 18 years of age shall not reside in a dwelling unit for more than a total of 90 days per calendar year. "Age-restricted housing" may include related facilities or services for the residents, such as social, recreational, or educational facilities and housekeeping, security, transportation, or personal services.
The production, keeping or maintenance, for sale or lease, of plants and animals, including but not limited to fish hatcheries; forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; the necessary accessory uses for processing, packing, treating, or storing of agricultural products; and the maintenance of farm equipment.
That portion of a parking area reserved for ingress and egress of vehicles to/from parking spaces; not including any portion of street rights-of-way.
A public or private way primarily designed to serve as secondary and/or service access for vehicles to the side or rear of abutting properties whose principal frontage is on another street. (See "lane.")
To change the exterior appearance or supporting members of a structure, such as bearing walls, columns, or beams, or to modify the area frontage or depth of a lot, landscaped open space or a parking area.
An establishment offering five or more amusement devices, including but not limited to coin-operated electronic games; shooting galleries; table games; computer games; pool/billiards; a movie theater; and similar amusement diversions, within an enclosed building.
A use permitted only in conjunction with a principal use permitted in the zoning district. Ancillary uses cumulatively cannot exceed a certain percent of the gross floor area of the related principal use as determined by zoning district, shall be in the same building as the principal use, and shall be publicly accessed only through an interior lobby or hallway of the building. Retail ancillary uses shall be designed or intended to principally serve the employers and employees within the zoning district.
A process by which the City expands its corporate boundaries to include land that previously was located in an unincorporated area of the county, pursuant to the Local Government Article of the Annotated Code of Maryland.
A business establishment containing three or more video, pinball, or similar player-operated amusement devices in any combination for commercial entertainment uses.
Structural and design standards for buildings and structures adopted by the City.
The median household income for the area adjusted for household size as published and annually updated by the U.S. Department of Housing and Urban Development.
A facility that provides supervision, monitoring, and/or assistance with activities of daily living for elderly or disabled persons in a residential setting that meets the standards and licensing requirements of the Annotated Code of Maryland, COMAR and any regulatory agencies.
A facility constructed to provide athletic or physical conditioning for its members, guests, and/or patrons. A facility includes but is not limited to racquetball clubs, pickleball activities, gymnasiums, health spas, fitness facilities, aerobics, pools, etc.
A building and property appurtenant thereto used for the public sale of goods or property (but excluding agriculture, including but not limited to livestock) by open bid to the highest bidder, provided that the public sale of goods or property is done predominately within an enclosed structure.
A place or structure used for the washing, polishing, and cleaning of motor vehicles by means of mechanical apparatus or by hand.
A business, service, or industry engaged in the maintenance, servicing, repair, or painting of motor vehicles.
A roof-like cover often made of fabric, metal, or glass designed and intended for protection from weather or as a decorative embellishment and which projects from a wall or roof of a structure over a window, walk, door or the like.
The seam between the curb and the sidewalk.
A building or establishment maintained in whole or in part as rental space for the purpose of private events where access by the public is restricted.
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. When used as a separate dwelling, a basement shall be counted as a story for the purpose of height measurement.
An owner-occupied building designed, used, and occupied as a single-family residence, having as an accessory use therein public lodging and facilities for serving food and drink to guests.
The Board of Appeals is established pursuant to the Land Use Article of the Annotated Code of Maryland. The Board of Appeals is authorized to grant variances, special exceptions, and appeals of Zoning Administrator interpretations.
A skin-penetrating adornment procedure which involves piercing or entering the skin or mucus membrane of an individual for the purpose of inserting jewelry or other forms of body decoration. Body piercing includes skin-penetrating body procedures but does not include piercing of an earlobe.
A facility that produces malt-based liquors such as beer, ale, porter, stout and similar grain-based beverages on the premises and which possesses the appropriate license from the State of Maryland. The facility may brew, bottle, contract, store and enter into temporary delivery agreements with distributors. Products may be brewed on-site and sold for on-premises or off-premises consumption in accordance with the limits of the appropriate license from the State of Maryland. Said facility may also include site tours and product tasting.
A facility that produces any amount of malt-based liquors such as beer, ale, porter, stout and similar grain-based beverages to be sold off-site and which possesses the appropriate license from the State of Maryland. Said facility may also include site tours and product tasting.
A restaurant with a state-issued Class 6 pub-brewery license as an accessory use, where the beer it produces is sold in draft form exclusively on its own premises. This operation may sell other suppliers' beer, including other hand-crafted or microbrewed beers, as well as wine to patrons for consumption on its premises. Off-sale of alcoholic beverages shall be limited to beers brewed on-site.
A portion of a lot, in addition to the setback requirements, improved with landscaping, earth berms or fences, and designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.
Within the Transit Oriented Development Districts, a line parallel to the property line where the facade of the building is required to be located. The abbreviation "BTL" shall mean build to line.
Any structure having a roof supported by columns or walls and intended for shelter, housing, storage, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
The area of a lot remaining for buildings and structures after the minimum yard, open space, floodway, and other development constraints have been excluded.
Within the Transit Oriented Development Districts, the form of a building, based on its mass, private frontage, and height.
That portion of a lot which is covered by buildings and structures.
Within the Transit Oriented Development Districts, the placement of a building on its lot. (See Illustration 21, Building Disposition.)
Within the Transit Oriented Development Districts, the area between building facades and the vehicular lanes, inclusive of the areas built and planted components. (See Illustration 22, Building Frontages.)
That portion of a structure extending along two or more streets.
That portion of a structure extending along a street and containing the major entrances to the structure.
The vertical distance to the highest point of the roof shall be measured from the finished grade at the front of the building. In the TOD Transit Oriented Development District, the building height is measured in stories and vertical distance with a minimum and maximum building height and story height. (See Illustrations 30-32, Height.)
Applicable to all zoning districts with the exception of the Transit Oriented Development Districts, the line which is located at the front yard setback of a lot and at which the required lot width for the district is met.
A structure category determined by function, configuration, including frontage.
Any building which serves as a principal permitted use. Any buildings or structures attached to the principal building, either directly or by breezeway, shall be considered part of the principal building.
A facility dedicated to the start-up and growth of small businesses, accomplished through management and facility support systems. For the purposes of this definition, "management support" includes access to professional advice, information on small business relations, management, advertising, promotion, marketing sales, inventory, employees, labor relations, and financial counseling. "Facility support systems" include clerical and reception staff, cleaning, building security, access to copy and facsimile machines, computers, faxes, and other electronic equipment.
An establishment primarily engaged in rendering services on a fee or contract basis to the business, commercial, industrial, or institutional community, such as advertising and mailing, business maintenance, employment service, management and consulting services, travel agent, protective services, equipment rental and leasing, commercial research, development and testing, photo finishing, quick print shop, and personal supply services but not including retail sales to the general public in excess of 20% of the gross floor area. Such retail sales area shall only be a secondary and subordinate ancillary activity.
All parts of the plant known as Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this chapter the terms "cannabis" and "marijuana" shall have the same meaning and may be used for as authorized by the State of Maryland.
A business licensed by the State of Maryland that acquires, possesses, transfers, transports, sells, distributes, or administers cannabis, products containing cannabis, related supplies, related products containing cannabis, including edible cannabis products, tinctures, aerosols, oils, ointments, or educational materials.
A business that cultivates or packages cannabis and is authorized by the State of Maryland to provide cannabis to a processor, dispensary, or independent testing laboratory.
A licensed by the State of Maryland business that transforms cannabis into another product or extract and packages and labels cannabis as such.
A roof-like structure, other than an awning, which projects from a wall of a building and extends along all or a majority of the wall's length to provide shelter over an entryway or walkway.
Any space outside a building and contiguous thereto, wholly, or partly covered by a roof, and used for the shelter of motor vehicles. A carport must have a minimum of three open sides.
A service providing meals and/or refreshments for public or private entertainment for a fee.
A business that acquires, possesses, transfers, transports, sells, distributes, dispenses, or administers CBD, products containing CBD, related supplies, including edible CBD products, tinctures, aerosols, oils, ointment, or educational materials. Products that contain CBD and cannabis in amounts that require licensing by the State of Maryland to dispense are considered cannabis.
Any use which differs from the previous use of a building or land.
Multilevel and climate-controlled/-conditioned space.
A social, civic, service, or fraternal association or corporation which is organized as a nonprofit organization and operated exclusively for educational, social, civic, fraternal, patriotic, recreational, or athletic purposes.
A social, civic service, or fraternal association or corporation which is organized as a for-profit organization for educational, social, civic, fraternal, patriotic, or athletic purposes.
A yacht or boat club, country club, golf club, athletic club, swim club or other similar use organized as a for-profit or nonprofit organization.
A grouping of mailboxes at a central location to serve several units within a development.
See definitions for "amusement center" and "arcade."
Any self-propelled or towed vehicle used on public roadways to transport passengers or property when:
The vehicle has a gross vehicle weight of 10,001 pounds or more; or
The vehicle is designed to transport more than 15 passengers, including the driver; or
The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding in accordance with the hazardous materials regulations of the United States Department of Transportation; or
A single, full, or semi-trailer with a manufacturer's gross vehicle weight rating over 6,000 pounds.
The measurement from the lowest point of the base at ground level on which the tower is mounted to the top of the tower or the top of the highest point, whichever is greater.
A use provided by or a structure utilized by a public service utility or commercial public telecommunications service to provide commercial public telecommunications services. A telecommunications structure may include a tower, monopole, and other antenna support structure or equipment buildings. "Telecommunications use and/or structure" does not include noncommercial applications, such as amateur radio operations. "Telecommunications use and/or structure" does not include those uses or structures that are accessory to and solely used by an individual business.
Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels and microwave dishes, and omnidirectional antennas, such as whips and satellite dishes, but not including satellite earth stations.
A single, self-supporting, pole-type structure tapering from base to top and supporting a fixture designed to hold one or more antennas. For the purpose of this chapter, a monopole shall not be deemed to be a transmission tower.
A lattice-type structure, guyed or self-supporting, used to support antennas. Also called a "communication tower" or "radio tower."
A place, structure, area, or other facility used for and providing fraternal, cultural, religious, social, educational, or recreational programs or activities, or swimming pools, tennis courts and similar facilities of a homeowners' association, open to the public or a designated part of the public, and which may be publicly or privately owned.
A facility, building, or place that provides mental health or substance abuse counseling and treatment programs, and/or provides other counseling support services such as peer-to-peer counseling, skills and job training, and life or social skills.
A planning document adopted by the City Council upon recommendation from the Planning Commission and pursuant to the Land Use Article of the Annotated Code of Maryland which serves as a guide to public and private actions and decisions and includes goals and objectives, land use plan, transportation plan, community facilities plan, sensitive area plan, and the general location and the extent of public utilities and other facilities.
A preliminary presentation and attendant documentation of a proposed subdivision or site plan of sufficient accuracy to be used as a basis for discussion and classification.
An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment.
A building that is designed or used as a temporary lecture hall, training facility, space for the purpose of conducting workshops, meetings, conferences, and similar activities.
A building or part thereof that contains sleeping units where residents share bathroom or kitchen facilities, or both.
Establishment for the installation and servicing of such items as air conditioners, electrical equipment, flooring, heating, painting, plumbing, roofing, tiling, and ventilation; establishment for the planting and maintenance of gardens, grounds, and yards, such as landscape contractors and lawn maintenance services; and construction and demolition services.
A storage yard operated by a contractor in conjunction with the contractor's on-site business, for storage of equipment, supplies, or other materials commonly used in that contractor's type of business and completely contained within a uniform type of fence or wall that does not exceed the height of the building in which the contractor's business is conducted.
Any structure to conduct business, trade, or occupation, or for use as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
Parcels of land touching, abutting, or adjoining at a common border or boundary, and, in the case of annexation, immediately across the street.
A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of the residents. It may include ancillary facilities for the further employment, service, or care of the residents. The facility is restricted to persons 60 years of age or older or couples where either spouse is 60 years of age or older. Such facilities must meet all requirements of the State of Maryland.
A retail sales establishment that combines the sale of beverages, dairy, baked goods, snack foods, tobacco products, alcohol, and staple grocery items, and which sells motor vehicle fuel and accessory items for automobiles. Electric charging stations may be permitted as an ancillary use.
An enclosed accessory structure that houses chickens for nesting and shelter.
A fully or partially enclosed area which admits unobstructed light and air, bounded on two or more sides by buildings, walls or other enclosing devices, sometimes between one or more developments. (See Accessible Courtyards, Illustration 27, Open Space Types.)
Within the Transit Oriented Development Districts, a building that occupies the boundaries of its lot while internally defining one or more private patios. (See Courtyard, Illustration 21, Building Disposition.)
An establishment in which dairy products are processed and produced, which may include incidental retail sales.
All lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland. Critical area includes all waters of and lands under the Chesapeake Bay and Atlantic coastal bays and their tributaries to the head of tide, all state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland, all land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland, and modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
An area that, based on conditions at the time of development, is immediately landward from mean high water of tidal waterways, the edge of bank of a tributary stream or the edge of a tidal wetland; and the area exists, or may be established, in natural vegetation to protect a stream, tidal wetland, tidal waters or terrestrial environments from human disturbance. The buffer includes an area of at least 100 feet, even if that area was previously disturbed by human activity, and also includes any expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland or a nontidal wetland of special state concern as defined in COMAR 26.23.01.01.
In the critical area, "buffer yard" means an area at least 25 feet wide, located between development activity and tidal waters, tidal wetlands, or a tributary stream, planted with vegetation consisting of native canopy trees, understory trees, shrubs and perennial herbaceous plants that is used in modified buffer areas to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits.
A parcel or lot of land in the critical area that was created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.
A habitat that:
Is occupied by an endangered species, as determined, or listed under the Natural Resources Article, § 4-2A-04 or 10-2A-04 of the Annotated Code of Maryland.
Is likely to contribute to the long-term survival of the species;
Is likely to be occupied by the species for the foreseeable future; and
Constitutes habitat deemed critical under the Natural Resources Article, § 10-2A-06 of the Annotated Code of Maryland.
The edge of the vehicular pavement that may be raised or flush to the pavement.
An individual that provides assistance with day-to-day living tasks such as assistance with cooking, taking medication, bathing, using toilet facilities and other tasks of daily living. Recipients of custodial care include persons receiving care who respond to emergency situations and evacuate at a slower rate and/or have mental and psychiatric complications.
A facility equipped with, or connected to, one or more computers, used for processing or transmitting data.
A business which provides multiple types of services for the purpose of improving health and beauty through personal care treatments.
A person, agency, or institution licensed by the State of Maryland to provide group care in a residence for between nine and 12 adults or children who do not all have the same parentage, or care of 13 or more adults or children in facilities other than a private home setting, for a portion of a day and on a regular schedule more often than once a week.
A person, agency, or institution licensed by the State of Maryland to provide day care for no more than eight unrelated individuals in a residence for a portion or all of a day and on a regular schedule more often than once a week.
An exterior floor supported by an adjacent structure and/or by post, piers, or other supports.
For purposes of this chapter, the amount of development allowed on a lot or parcel, expressed in residential districts as the number of dwelling units per gross acre of land to be developed.
The Department of Planning and Community Development.
The maximum portion of a parcel that may be developed under the development requirements.
The construction, reconstruction, conversion, erection, alteration, relocation or enlargement of any building or structure; any excavation, landfill, or land disturbance; the division of a parcel of land into two or more parcels; and any use or extension of the use of land.
The construction or substantial alteration of facilities or structures. In the critical area, "development activity" means human activity that results in disturbance to land, natural vegetation, or a structure. Development includes redevelopment.
Regulations and requirements addressing specific needs and concerns for provisions of facilities, protection of environmental and other resources, and fulfillment of goals of the City of Aberdeen Comprehensive Plan. These are in addition to the specific regulations for each individual zoning district.
The establishment and operation of a plant for distilling, rectifying, and blending an unlimited amount of brandy, rum, whiskey, alcohol, and neutral spirits and which possesses the appropriate license from the State of Maryland. The sale and delivery of the alcoholic beverages to a person in the state or outside the state that is authorized to acquire the beverages, the manufacturing of alcoholic beverages in the name of certain other persons, acquiring alcoholic beverages from certain persons, conducting guided tours of the premises and selling or serving limited quantities of products manufactured on the premises shall be permitted. The sale of the manufactured product for off-premises consumption to a person on a guided tour of the distillery in accordance with regulations of the State of Maryland shall be permitted.
The establishment and operation of a plant for distilling, rectifying and bottling brandy, rum, whiskey, alcohol, and neutral spirits which shall be operated in conjunction with a restaurant or bar and which possesses the appropriate license from the State of Maryland. Said operation may also include retail sales for on-premises or off-premises consumption as permitted by the State of Maryland.
A facility that performs consolidation, warehousing, packaging, decomposition, and other functions linked with handling to provide value-added services to freight, often in proximity to major transport routes or terminals. A facility can also perform light manufacturing activities such as assembly and labeling; also known as a fulfillment center.
A residence hall used by institutional uses providing rooms for unrelated individuals or groups. "Dormitory" excludes small and large group homes and homeless shelters.
Establishments that, by design, physical facilities or services provided, encourage or permit said customers to receive services or obtain goods while remaining in their motor vehicles.
Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, recreation vehicle, a room in a hotel or motel, or a bed-and- breakfast.
A second dwelling unit either within, or added to, a single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, that functions as a complete, independent living facility with provisions for independent cooking, living, sleeping, and bathroom facilities.
A building containing two dwelling units which do not share a common entry and are on separate lots.
A grouping of no fewer than four detached dwelling units per acre, each with a footprint of less than 900 square feet, located on a single lot or parcel that includes a common courtyard.
A building containing one dwelling unit on one lot and detached from any other dwelling.
A building containing two dwelling units, which do not share a common entry, on a single lot.
A building containing four or more dwelling units sharing a common entry with no more than three stories.
A building containing eight or more dwelling units, containing at least six stories, with a common entry.
A building containing eight or more dwelling units sharing a common entry with four or five stories.
A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle.
A dwelling assembly or system of building subassemblies designed for habitation as a dwelling for one or more individuals:
That includes the necessary, electrical, plumbing, heating, ventilating, and other service systems;
That is made or assembled by a manufacturer on or off the building site for installation, or assembly and installation, on the building site; and
Installed and set up according to the manufacturer's instructions on an approved foundation and support system.
A building containing four, five, or six dwelling units sharing a common entry with no more than three stories and located on a single parcel.
Two two-story dwelling units stacked one over the other, to create a four-story building with each unit having individual access from the front and rear of the dwelling.
Attached dwelling units constructed in a row of three or more units and where each dwelling unit is located on an individual lot or parcel and shares at least one common wall with an adjacent dwelling unit.
Three individual dwelling units combined into one building, with the individual units sharing one or two common walls.
A four-unit apartment building, containing four separate units under one roof. Each apartment unit must have its own entrance, kitchen, bathroom, and bedroom in each unit.
One or more rooms physically arranged to create an independent housekeeping establishment consisting of a separate kitchen or cooking facility and provisions for living, sleeping, eating, and sanitation.
A building on a single lot containing one dwelling unit located with one side lot line a minimum of 18 inches.
An interest in land owned by another that entitles its holder to a specific limited use or enjoyment.
Within the Transit Oriented Development Districts, a building that occupies the center of its lot with setbacks on all sides. (See Edgeyard, Illustration 21, Building Disposition.)
An exit.
A substation whose purpose is to transform voltage to a level so that power can be consumed in the general vicinity of the substation.
A vehicle that uses electricity for propulsion.
A structure that hosts a connected point in an electrical wiring installation at which current is taken to charge an electric vehicle.
The main point of access of pedestrians into a building.
The use of small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics.
The lawful use or uses of a building, lot, or structure at the time of the enactment of this chapter.
Within the Transit Oriented Development Districts, a line prescribed at a certain level of a building for the major part of the width of a facade, expressed by the variation in material or by a limited projection such as a molding or balcony. (See Illustration 43, Expression Line.)
The exterior wall of a building that is set along a frontage line.
Any number of persons related by blood, marriage, or adoption.
Up to three adult persons maintaining a common household together with any adult dependents (as defined by the United States Internal Revenue Code) and any minor children, including foster children, of such persons.
A barrier constructed of any material or combination of materials erected to enclose or buffer areas of land.
An establishment for the custody, loan, exchange, or issuance of currency, for the extension of credit or facilitating the transmission of funds. A financial institution may be a bank, credit union, or check cashing business.
Any land area susceptible to being inundated by floodwaters from any source.
The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding vestibules, elevator shafts, janitorial closets, mechanical/electrical rooms, interior vehicular parking, and loading. Multi-tenant buildings also exclude stairwells, common hallways, common restrooms, and common reception areas.
A person or group of persons who engage in the practice of or profess to practice the business or act of astrology, phrenology, life reading, intuitive counseling, fortune-telling, handwriting analysis, clairvoyance, crystal gazing, palmistry, numerology, reading of tarot or similar cards or use of other similar occult powers for any form of compensation.
Any and all sides of a lot abutting on a street. (Within the Transit Oriented Development Districts, see Illustration 22, Building Frontages.)
The minimum percentage of the length of the frontage that must be occupied by the front facade of the primary buildings.
Those lines that coincide with the public frontage.
Any premises where diesel, gasoline, heating oil, propane, natural gas, or other similar products are stored in bulk for the purpose of sale or distribution. A gasoline station is not considered a fuel storage facility for purposes of this chapter.
An establishment with facilities for the preparation of the dead for burial, for cremation, for the viewing of the body or for funerals.
A frontage wherein the facade is aligned at the build to line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. (See Illustration 22, Building Frontages.)
An attached accessory building or portion of a main building designed, arranged, or used primarily for the housing or storage of private motor vehicles.
A detached accessory building designed, arranged, or used primarily for the housing or storage of private motor vehicles.
A building or portion thereof, other than an automobile sales room, used for the housing or storage of six or more motor vehicles; their service or repair facilities, if any, are incidental and subordinate to the principal use of storage. A public garage may be a principal use or accessory use.
A retail establishment for servicing motor vehicles generally with fuel and lubricants, sometimes including ancillary facilities for mechanical repairs, including automobile fueling stations, service stations, self-service motor fuel sales, car-care centers, and may include an electric charging station as an ancillary use.
Urban development that focuses on slightly increasing the number and variety of homes in existing single-family detached home neighborhoods. Gentle density can include infill of existing single-family neighborhoods to allow up to six units per lot, including accessory dwelling units (ADUs) such as secondary suites or detained units, as well as triplexes and quadplexes.
A specialty grocery retailer of not greater than 45,000 square feet which offers for sale varieties of groceries, baked goods, fresh fish and meats, dairy products, beverages, fresh produce, prepared dishes for take-out and/or ingredients for food preparation. Within or adjacent to the premises, such establishments may also offer for sale beer, wine, and liquor for off-premises consumption.
A building used for the cultivation and sale of plant materials grown on the premises or as nursery stock and for accessory items directly related to plant care and maintenance, such as pots, soil, mulch fertilizers, insecticides, rakes, shovels, etc.
The total floor area designed for owner or tenant occupancy exclusive use. It is expressed in square feet, measured from the center lines of joining partitions and exteriors of outside walls.
A home designed to accommodate between nine and 16 persons suffering from a mental disorder which is licensed by the State of Maryland as a "large private group home" pursuant to Annotated Code of Maryland, Health General Article, § 10-514 et seq.
A home designed to accommodate between four and nine persons suffering from a mental disorder which is licensed by the State of Maryland as a "small private group home" pursuant to Annotated Code of Maryland, Health General Article, § 10-514 et seq.
Living space of a principal use and structure, not including basement, porches, decks, garage areas or other accessory uses or structures.
A transitional clinically managed, low-intensity residential treatment service licensed by the State of Maryland for individuals with substance-related disorders who are capable of self-care but are not ready to return to independent living. Specific types of halfway houses are further defined as follows:
A halfway house that admits at least nine but not more than 16 individuals.
A halfway house that admits at least four but not more than eight individuals.
Any substance that:
Conveys a toxic, lethal, or other injurious effect or which causes sublethal alterations to plants, animals, or aquatic life;
May be injurious to human beings; or
Persists in the environment; or
Such other substances as may be identified as hazardous by the United States Environmental Protection Agency or the State of Maryland Department of the Environment.
An area, either at ground level or elevated on a structure, licensed, or approved for the landing and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.
An area designed to accommodate touchdown and liftoff of helicopters for the purpose of picking up and discharging passengers or cargo.
An area containing historic sites or structures as designated by the City.
A parcel of land or a structure of historical or cultural significance eligible for designation on the National or State Register of Historic Places as a Harford County landmark or listed in the City of Aberdeen Inventory of Historic Places.
A business, profession, occupation, or trade conducted for gain or support within a residential building or its accessory buildings, which use is incidental and secondary to the use of the buildings for dwelling purposes and which does not change the residential character of such buildings. (See § 235-28, Home occupations.)
A facility that provides temporary housing for individuals and families who are experiencing homelessness. A homeless shelter also provides meals. An individual's length of stay is determined by their unique needs, and the availability of transitional housing. This definition excludes small and large group homes.
As defined by Real Property Article 11B, the Maryland Homeowners Association Act.
Within the Transit Oriented Development Districts, a mix of uses whereby different uses are adjacent to each other within the same lot or development.
Within the Transit Oriented Development Districts, a mix of uses whereby different uses are adjacent to each other within the same lot or development.
Any licensed and State of Maryland accredited health care institution with an organized medical and professional staff and with inpatient beds available around the clock whose primary function is to provide inpatient medical, nursing, and other health-related services to patients for both surgical and nonsurgical conditions and that usually provides some outpatient services, particularly emergency care.
A building in which lodging is provided for compensation and in which access to and from all rooms is made through an interior lobby or office.
A building in which lodging is provided for compensation and in which access to and from all rooms is made through an interior lobby or office and includes but is not limited to the following services: meeting rooms, restaurant, banquet facilities, and recreational facilities.
A building which is designed for the needs of elderly persons and which is subject to management or other legal restrictions that require that households occupy the project wherein at least one person is aged 55 or over.
Any surface area covered by a material that is highly resistant to the infiltration of water.
Construction of any residential, commercial, institutional, or industrial structure located in an existing developed area.
An entry.
The crossing of two or more roads at grade.
Any scrap, waste, reclaimable material, or debris, either stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition.
Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, stored, abandoned, disassembled, or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvage house wrecking and structural steel materials and equipment, including three or more untagged or inoperable vehicles.
Any establishment in which more than five domestic animals, such as cats, dogs and other pets, more than six months old are kept, groomed, bred, boarded, trained, or sold.
The improvement of property with lawns, trees, plants, and other natural features.
A public or private way which provides secondary and/or service access for vehicles to the side or rear of abutting properties whose principal frontage is on another street. (See "alley.")
Within the Transit Oriented Development Districts, a building usually shallow in depth, specifically designed to mask a parking lot, parking garage or blank wall from a frontage.
A retail establishment that sells packaged liquor, wine, or beer for consumption off premises and which possesses the appropriate license from the State of Maryland.
Within the Transit Oriented Development Districts, a dwelling unit that is also the primary place of work of the business operator, which place of work is located on the ground floor for the occupant of the unit.
Locations designed for the loading and unloading of freight, goods associated with the business, or equipment. Loading docks are structures which allow a truck to load or unload directly from the bed of the truck or tractor trailer.
An intermediate level located between the floor and ceiling of a story opens on at least one side to a room in which it is located.
A designated area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon.
The total area within the lot lines of a lot, excluding any road right-of-way or reservation.
The percentage of a lot area occupied by the ground area of principal and accessory buildings or structures on such a lot.
The maximum horizontal distance between the front lot line and the rear lot line or other parallel lot line of a lot, measured within the lot boundaries.
That portion of a lot extending along a street.
Any lot other than a corner lot.
A range of depth of a lot and its building frontage within which certain elements are permitted. (See Illustrations 40 to 42, Lot Layers and Parking, and Illustration 26, Sidewalk Widths, Planting Areas and ESD.)
The area between the back of curb and the back of the sidewalk.
The area which starts at the build to line and extends towards the center for 20 feet.
The third lot layer is the area between the second lot layer and 10 feet of the rear property line.
A line of record bounding a lot which divides one lot from another lot or from a public or private street. When a lot line is curved, all dimensions related to said lot line shall be based on the chord of the arc.
The lot line separating a lot from a street right-of-way. On a through lot, both lines adjacent to the street shall be deemed front lot lines. On a corner lot, all lot lines which face a street right-of-way shall be considered front lot lines.
Except in the case of corner lots, the line most nearly opposite and most distant from the front lot line.
Any lot line connected to a front or rear lot line.
Any lot line separating the lot from a street or alley.
The lot line that is closest to the dwelling.
The horizontal distance between the lot lines along a line parallel to the front lot line at the minimum required building setback line.
A lot abutting upon two or more streets or alleys at their intersection.
A lot having frontage on two nonintersecting streets, as distinguished from a corner lot.
The minimum area of a lot on which a use, structure, or building may be located in a zoning district.
A lot with the appearance of a frying pan or flagstaff in which the handle is most often used as the point of access to a road.
A lot which fronts upon two parallel roads or which fronts upon two roads which do not intersect at the boundary of the lot and which has no rear lot line.
An area designated by the State of Maryland and the City that has identified commercial uses within walkable distances and allows a mix of permitted uses.
A program that helps startups develop products and manufacture them in the early stages.
A business licensed under state law for the manipulation, rubbing, stroking, kneading, or tapping of body tissues for remedial or hygiene purposes either with the hand or an instrument.
A facility, other than a hospital, where medical, surgical, and/or other personal health-care services are provided exclusively on an outpatient basis by a group of three or more physicians working in cooperation and sharing the same facilities. A clinic may include educational aspects such as medical instruction and/or training, an on-site lab, radiology services, a pharmacy, rehabilitation services, and other similar services as accessory uses.
A facility, other than a hospital, an urgent care facility, or a clinic, where medical, dental, surgical, and/or other personal health-care services are provided on an outpatient basis, by not more than two physicians. A doctor's office may include, as accessory uses, an on-site lab, radiology services, a pharmacy, rehabilitation services, a surgery and/or operating room, and other similar services.
A facility licensed as a hospital by the State of Maryland that is engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. A hospital has an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. A hospital may include on-site accessory clinics and laboratories, accessory retail uses, and emergency heliports.
A facility, licensed as a laboratory by the State of Maryland, intended for the examination of clinical specimens for the purpose of providing information such as diagnosis, prognosis, prevention, or treatment of disease to improve the health of a patient, or the manufacture of dental and other prosthetics.
A facility, other than a hospital, where a group of physicians working in cooperation and sharing the same facilities provide medical services for sick or injured persons predominantly on an urgent, walk-in, outpatient basis, including emergency treatment, diagnostic services, training, administration, and services. An urgent care facility typically operates beyond standard medical office hours. An urgent care facility also may include limited primary care services and accessory uses, including an on-site lab, radiology services, a pharmacy, rehabilitation services, and other similar services.
The provision of medical, dental, surgical, or other health-related services to individuals.
A medical "med" spa includes elements of a traditional day spa, outpatient cosmetic medical services, and a medical clinic. Day spas focus primarily on relaxation and med spas perform cosmetic medical services and wellness treatments. Treatments such as injectable fillers, micro laser peels, and laser vein treatments are examples of services offered at a medical spa.
A single-level building or group of buildings that contains varying sizes of individual compartmentalized and controlled access stalls for the storage of customers' goods.
Any combination of a residential use with a recreational, office, hotel, dining, or retail use.
A mixture of office, retail, recreational, hotel, and residential uses within a single structure or within multiple structures, but physically and functionally integrated.
A tract of land, buildings, or structured development for two or more different uses, such as but not limited to residential, office, manufacturing, retail, public, or entertainment.
A parcel of land used, designated, developed, and maintained to accommodate two or more mobile homes for long-term residential occupancy by rental of space or condominium ownership.
An office for the sale of new or used mobile homes which are subject to Maryland laws.
A building or group of buildings containing guest rooms or suites, with each room or suite usually having a separate inside or outside entrance.
A lot, building, premises, or portion thereof used for equipping, servicing, repairing, hiring, or selling, including, but not limited to, filling, repair and service stations, commercial vehicle construction and industrial sales, service from vehicle sales and service facilities, and motor vehicle rental and leasing facilities.
A building having seating for an audience to watch films and movies for entertainment.
Establishments primarily engaged in selling goods for household consumption such as prepackaged food and beverages, a deli, household supplies, and hardware. Uses shall not include fuel pumps or selling of fuel for motor vehicles.
A commercial establishment dispensing food and alcoholic beverages for consumption on the premises and in which dancing and/or live entertainment, including but not limited to magicians, musicians, or comedians, is permitted.
A building or structure the size, dimension, or location of which was lawful prior to the adoption or amendment of this chapter and which after adoption or amendment of this chapter fails to conform to the present requirements of the district in which it is located.
A lot which was legally subdivided and recorded among the county land records prior to the adoption or amendment of this chapter and which after adoption or amendment of this chapter fails to comply with the dimensional requirements of this chapter.
Any use lawfully being made of any land, building or structure, other than a sign, on the effective date of this chapter or any amendment to it rendering such use nonconforming which does not comply with all of the regulations of this chapter or any amendment hereto governing use for the zoning district in which such land, building or structure is located.
A facility devoted primarily to the long-term treatment and care of the aged or elderly or persons suffering from illnesses, diseases, deformities, or injuries which do not require extensive or intensive care such as normally provided in a general or other specialized hospital. A hospice and a life care facility will be considered a skilled care facility.
A building or structure wherein services are performed involving predominantly administrative, professional, or clerical operations. An office may be used for professionals such as doctors, lawyers, accountants, etc., or general businesses such as insurance companies, trade associations, investment concerns, real estate companies, but not including any kind of retail or wholesale store or warehouse, except as otherwise noted.
A building with one or more offices.
Areas of trees, shrubs, grass, pathways, and other natural and man-made amenities, not within individual building lots, set aside for the use and enjoyment of residents, visitors, and other persons, unoccupied by buildings or facilities unless related to recreational activities, and accessible to and adequate for the persons and functions they are designed to serve.
An outdoor dining area or bar accessory to a restaurant or tavern, located on the same property as the restaurant or tavern.
A district superimposed over an underlying zoning district to which both districts are applicable to
A designated area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon.
Parks are public spaces that are available as recreational spaces that are accessible to and adequate for the recreational function and persons they are designed to serve, such as Festival Square.
A building containing two or more stories of parking. Parking structures in TOD zoning shall have liner buildings at the first story or higher.
An off-street parking structure or surface lot, other than a private lot, which is available to the general public for use.
Within the Transit Oriented Development Districts, a paved pedestrian connector, which may or may not be roofed, passing between buildings, providing shortcuts through long blocks, and connecting interior or rear parking areas to buildings, street fronts, courtyards, and other public spaces. (See Illustration 29, Passage.)
Outdoor recreation that does not require significant maintenance or facilities, such as walking, picnicking, viewing and environmental educational activities.
An area, usually paved, adjoining a building, and used as an area for outdoor dining or gatherings.
A residential facility providing assistance to individuals who need help with daily activities but do not require the level of medical care found in nursing homes. Personal care homes offer services such as meal preparation, grooming assistance, and medication management.
Establishments primarily engaged in providing services, including the care of a person or their apparel, such as but not limited to cleaning and garment services, which are deemed to be establishments for the mechanical cleaning of garments; linen supply; diaper service; coin-operated laundries; carpet and upholstery cleaning; photographic studios; beauty shops; barbershops; shoe repair; health clubs; travel agent; clothing rental; locker rental; porter service; optician; and tailor.
Establishments where domestic animals are owned by another person and are temporarily boarded for payment. Pet day care service is distinguished from a kennel as pets are boarded for the day only, and the establishments may offer accessory services, such as retail sales of pet care supplies, and services such as dog walking and animal grooming.
A pet shop or pet store is a retailer which is licensed to keep, maintain, and sell certain live animals, birds, and fish and pet care products to the public. A variety of animal supplies and pet accessories are also sold in pet stores, including food, treats, toys, collars, leashes, cat litter, cages, and aquariums.
The City of Aberdeen's Planning Commission established pursuant to the Land Use Article of the Annotated Code of Maryland.
The element of the public streetscape which accommodates street trees and/or environmental site design (ESD) planting areas. Planting areas may be continuous or individual.
A map showing the location, boundaries, and ownership of individual properties planned and developed as a single project.
Large outdoor spaces that extend the public realm from the street or sidewalk to the main entry of an adjacent building. (See Plazas, Illustration 27, Open Space Types.)
A covered entrance to a building usually with a separate roof.
A colonnade or covered area often at the entrance of a building.
Within the Transit Oriented Development Districts, lot lines that coincide with public frontage on a collector or arterial roadway. (See Illustration 18, Principal Street Frontages.) Buildings are oriented towards the principal frontage and include both the principal entrance to the building and the address. Parcels may have more than one principal street frontage, especially at corner locations and when bordered in the front and rear by collector or arterial roadways.
The main building on a lot, usually located toward the frontage.
The services by members of any profession, including but not limited to accountants, architects, chiropractors, dentists, doctors, engineers, lawyers, ophthalmologists, optometrists, osteopaths, psychologists, or social workers.
Utility facilities owned by a governmental agency, private organization, or public utility defined under state law, maintained, and operated for the benefit of the general public, including water and sewer systems, water towers, pumping stations, solid waste transfer stations, electrical transmission lines, microwave facilities, and interstate and intrastate pipelines.
A configuration of high-voltage electrical equipment, consisting of but not limited to power circuit breakers, switches, transformers with associated connections, lighting masts, control house, and structures with related foundations, the purpose of which is to transform the electrical voltage from one level to another or to function as a switching point for two or more circuits of equal voltages. This equipment must be enclosed by a fence or other barrier to protect the health, safety, and welfare of the public.
Within the Transit Oriented Development Districts, a building that occupies the full front lot line, leaving the rear of the lot as the sole yard. (See Rearyard, Illustration 21, Building Disposition.)
A vehicular-type unit which is designed for recreation, camping or travel use which either has its own motor power or is mounted on or drawn by another vehicle and which, in general, is of such size and weight as not to require special highway movement permits when drawn by a passenger automobile or a pickup truck.
A facility in which used materials are separated, stored, compacted, and/or crushed prior to shipment for recovery or reuse of those materials.
Construction activities in previously developed areas, which include the demolition of existing structures, building new structures, or the substantial renovation of existing structures, often changing form and function. Redevelopment may involve existing property owners and businesses or new owners and tenants.
A facility that serves clients that have been discharged from the local, state, or federal penal system. These facilities provide programs to assist ex-felons to reintegrate into mainstream society. Programs may include counseling, job placement, and temporary housing.
Any building, structure, or portion thereof where food is sold for consumption on or off the premises, including, but not limited to, a cafe, coffeehouse, tearoom, dining room, lounge, bar, and tavern. A window for walk-up customers may be included as part of the use of the building or structure.
A building, structure, or portion thereof designed to sell prepared food and beverages to patrons in vehicles.
Within the Transit Oriented Development Districts, buildings which are located on parcels that front arterial or collector roadways that are designated as primary and secondary frontages (see Illustration 19, Retail/Commercial Shopfronts) and that require the provision of a shopfront building facade and building frontage on the ground level, designed for commercial use. (See Shopfront and Awning Building Frontage, Illustration 22, Building Frontages, and Illustration 20, Opacity/Windows.)
A wall that is constructed to hold a mass of earth in place or prevent erosion of an embankment.
A senior living community, retirement community, assisted living community, continuing care retirement community, independent living community or similar community that offers a combination of independent living, assisted living or nursing.
A strip of land acquired by reservation, dedication or condemnation and intended to be occupied by a road, crosswalk, sidewalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary or storm sewer and other similar uses.
A right-of-way which has been improved and is intended for motor vehicle traffic and provides access to property.
A road which carries the major portion of the traffic entering and leaving an area of the county. Four arterial street types are defined in the Aberdeen Comprehensive Plan and listed in order from regional to local significance:
This is an arterial street with a combination of free-flow ramp and signalized points of access. It primarily provides mobility through Aberdeen for motor vehicle truck, and commuter bus traffic, as well as access to major destinations within Aberdeen. Provision of space for bicycle and pedestrian travel is secondary to motor vehicle movement but not optional, and the design should emphasize frequent, safe crossings for cyclists and pedestrians.
An arterial street segment that serves (or is planned to serve) a low- or medium-density commercial area that may be equally oriented to retail stores, service, and industrial use. This street emphasizes transit and motor vehicle travel, including truck movements. It also facilitates bicycle access.
An arterial street segment that serves a compact mixed-use area that is fronted by (or planned to be fronted by) a variety of commercial, institutional, government, and/or residential uses. The street design emphasizes pedestrian, transit, and bicycle travel with adequate facilities provided within the street right-of-way.
An arterial street that serves and traverses a primarily residential neighborhood and is fronted by (or planned to be fronted by) residential, park, or institutional property. This street's design emphasizes bicycle and pedestrian travel, local motor vehicle travel, and transit access.
A road which provides for principal internal movements within residential neighborhoods and business or industrial districts and which is a primary means of circulation between adjacent neighborhoods, 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. Three collector street types are defined in the Aberdeen Comprehensive Plan and listed in order from regional to local significance:
Collector or local streets located in a medium- or high-density residential, commercial, or mixed-use area. These streets, often called side streets, may include street-level shops, but do not have the same level of pedestrian and vehicular activity as arterial streets. In some locations, these streets provide service, utility, and emergency vehicle access to alleys, loading docks, and building service areas for loading and unloading goods, recyclables, and refuse. Access to the street system from off-street and garage parking may also be located on Village Center streets. These streets may provide pedestrians and cyclists a quieter alternative to arterial traffic. Village Center streets have been further classified distinguishing West Bel Air as Main Street, the roads adjacent to Festival Square and City Hall as festival streets; all other Village Center streets are classified as local streets.
Neighborhood principal streets occur in lower-density residential areas and provide access for fronting properties and links to adjacent streets. Like Village Center streets, they provide a way for travel to and from home, connections to local resources, and a shared space in the neighborhood for walking, biking, talking with neighbors, and conducting everyday activities.
Neighborhood minor streets occur in low- and medium-density residential areas. These streets are very similar to neighborhood principal streets in form and function. The distinctive feature of these streets is their nearly exclusive orientation to providing access to residences. Since residential streets have low traffic volumes with infrequent travel by larger vehicles, all users other than pedestrians can be accommodated within a relatively narrow travel way.
That portion of a lot abutting a street or highway and situated between lot lines intersecting such street or highway.
A road which primarily provides direct access to abutting properties.
A site for solid waste disposal based on sanitary engineering design.
Public schools are learning institutions that are funded by local, state, and/or federal governments.
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, or berms.
Products that are primarily sold during a particular season of the year, e.g., Christmas trees, locally grown produce, championship merchandise, fireworks, holiday flowers, and snowballs.
The required minimum distance from the road right-of-way, back of curb or any lot line that establishes that area within which principal buildings or structures must be erected or placed.
Parking spaces that are shared by more than one user or business.
Within the Transit Oriented Development Districts, a frontage wherein the facade is located at the back edge of the sidewalk (BTL) with a substantial glazing on the sidewalk level, and an awning or cantilevered shed roof projecting no more than seven feet forward of the BTL when the shopfront is not combined with a gallery or arcade frontage. (See Illustration 20, Opacity/Windows, and Shopfront and Awning, Illustration 22, Building Frontages.)
A concentrated grouping of retail uses or retail and services designed, developed, and managed as an integral entity, providing common vehicle access and group parking.
A hard-surfaced path for pedestrians along one or both sides of a public street or alley.
Within the Transit Oriented Development Districts, a building that occupies one side of the lot with a setback to the other side. (See Illustration 21, Building Disposition.)
Any structure that interferes with the view necessary for pedestrians or motorists to proceed safely through in tersections or to enter or exit public streets or private roads.
The area at the corner of a lot fronting on two streets which shall remain unobstructed for sight distance purposes.
Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not including, when standing alone, a flag, emblem, badge, or insignia of any governmental unit. (See Article VA, Sign Regulations, for additional definitions and regulations.)
Any tract, lot or parcel of land or combination of tracts, lots or parcels of land which are in one ownership or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project.
A plan, usually prepared by a licensed design professional, showing uses and structures proposed for a parcel of land as required by this chapter.
An energy conserving device, including collectors, panels, storage facilities and all other accessories that are necessary and used as a part of the operating mechanism, that uses energy derived from the sun's radiation that is converted into thermal or electric energy to heat or cool a structure, to provide hot water for use in the structure or to generate electricity to be used in the structure and meets the national safety and performance standards set by a nationally recognized testing laboratory for that kind of device. For this definition, solar panels can be ground-mounted or structurally mounted to the roof of a building or structure.
Consists of areas with buildings that by their function, disposition, or configuration cannot, or should not, conform to one of the designated transect zones.
A use which is subject to approval by the Board of Appeals in a particular district only upon showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
A retail store which carries only one type of interrelated goods, including but not limited to bookstores, candle shops, cosmetic shops, florist shops, gift shops, hobby, and craft supply shops, import shops, jewelry shops, key shops, liquor stores, newspaper and magazine shops, novelty shops, pet stores, photographic shops, souvenir shops, and stationery shops.
Within the Transit Oriented Development Districts, a frontage wherein the facade is aligned close to the frontage line with the lower story elevated at least 18 inches from the sidewalk to establish a sense of transition from public to private realm and may be elevated sufficiently to secure privacy for the windows.
Refers to the use of any trailer portion of a tractor trailer, cargo box, or similar device that is parked or placed on-site for the purpose of long-term storage of goods and inventory. The term shall not include Portable on Demand Storage (PODS) units, travel trailers, boat trailers, campers, or recreational vehicles.
That portion of a building between the surface of any floor and the surface of the floor above it or, if there is no floor above it, then the space between the floor and the ceiling, excluding basements. In the TOD Districts, minimum story height is no less than 10 feet and no more than 14 feet from floor to ceiling, except that the first floor must be at least 12 feet in height and the top story may be no more than 14 feet from floor to ceiling. (See Illustration 35, Floor Heights by Story.)
(See "road.") An improved right-of-way intended for use by motor vehicle traffic and that provides access to property.
The area where a building facade faces a street.
The urban element that establishes the major part of the public realm. The streetscape is composed of roads (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.).
A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed below or above the surface of land or water.
The consolidation or division of a parcel or tract of land into two or more new parcels.
Any repair, reconstruction, or improvement of a principal structure, where the proposed total footprint is at least 50% greater than that of the existing principal structure.
A one-story addition added to an existing dwelling with a glazing area more than 40% of the gross area of the structure's exterior walls and roof.
Any portable or permanent structure, either aboveground or in-ground, containing water 36 inches or more in depth used for recreational purposes.
A structure housing a business for the purpose of placing tattoos on the skin.
A portable unit intended to be utilized for storage of personal property to facilitate the moving of persons from household unit to household unit or commercial use to commercial use.
A dwelling that is 500 square feet or less in floor area excluding lofts.
A retail store where the primary use is the retail sale of tobacco and products other than cannabis, tobacco smoking accessories, any device or paraphernalia that can be used to deliver nicotine or other substances, and which may include on-site consumption and the incidental sale of food or beverage. This definition excludes convenience store and gas station.
Within the Transit Oriented Development Districts, a system of ordering human habitats in a range from the most natural to the most urban, which describes the physical character of place at any scale, according to the density and intensity of land use and urbanism.
Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, density, height, and setback requirements, other elements of the intended habitat are integrated, including those on the lot and building fronting the public streetscape. The elements are determined by their location on the Transect Zone Map or Regulating Plan. The TOD Districts include three transect zones: the TOD Downtown (TOD-D) synonymous with the urban core district (T6); the TOD Corridor (TOD-C) synonymous with the urban center district (T5); the TOD Neighborhood (TOD-N) synonymous with the general urban zone district (T4). (See Aberdeen TOD Regulating Plan.)
Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
A central location for intermodal transit, such as buses, trains, taxis, and complimentary retail and service facilities.
Development that combines a pedestrian-friendly environment with retail or entertainment ground floor uses, and generally located within 1/2 mile of a sidewalk route to a premium transit station. Specifically, a TOD provides continuous, shaded sidewalks with street furniture and minimal driveway interruptions, and nearly continuous shop frontage.
A horizontal line spanning the full width of a facade, expressed by a material change or by a continuous horizontal articulation such as a cornice or a balcony.
Land and building used for transfer of a load from one vehicle to another. The facility may include storage areas for trucks or for the repair of trucks associated with the facility.
Within the Transit Oriented Development Districts, a category determined by function, disposition, and configuration, including size or extent. There are building types, road types, open-space types, etc. (See also "building type.")
The purpose or activity for which land, buildings or structures are designed, arranged, or intended or maintained or occupied.
Fixed structures that convey or distribute resources, waste or both, including electric lines, water conduits and sewer lines.
A solar farm is a large collection of photovoltaic (PV) solar panels that absorb energy from the sun and convert it into electricity to the power grid for distribution and consumption by consumers.
A carriage or conveyance on wheels.
A conveyance by which automobiles, motorcycles, and other similar vehicles are transported for personal use.
A self-propelled free-moving vehicle.
Storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses, and recreational vehicles. Vehicle storage includes only operable vehicles.
The bulk storage of goods or commodities, other than harvested commodities, that can be sold or further processed and sold as food, for wholesale or bulk retail resale or transported to a distribution and local delivery center, or lands, buildings, or structures used or designed for the storage of goods which will be sold elsewhere or subsequently transported to another location for sale or delivery.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Affordable housing for households with earned income that is insufficient to secure quality housing in reasonable proximity to the workplace. This housing is for people making 60% to 120% of area median income, which may include but is not limited to teachers, first responders, and nurses. Workforce housing can include subsidized and affordable housing, as well as market-rate and mixed-income housing.
An open area between a lot line and the setback line within which no structures shall be located except as provided by this chapter. The Zoning Administrator shall have the right to designate the front, side, and rear yards on a particular parcel.
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.
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 officer designated by the Council to administer the Development Code and issue zoning permits. The Director of Planning and Community Development shall be the Zoning Administrator, as an agent for the City.
An approval issued by the Zoning Administrator.
The Official Zoning Map of Aberdeen, Maryland, adopted by the Mayor and City Council.

§ 235-8 Rules of construction.

The terms and provisions of this chapter shall be interpreted to implement the general purposes of this chapter as set forth in § 235-3. In addition to the rules applicable generally to the construction of the code, the following rules of construction shall apply:
The particular shall control the general.
In cases of conflict between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."
The word "person" includes an individual, sole proprietorship, corporation, partnership, incorporated association, and any recognized legal entity.
Unless it is plainly evident from the context that a different meaning is intended, in a regulation which involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either. . . or," the use of the conjunction is defined as follows:
"And" means that all the connected items, conditions, provisions and events apply together and not separately.
"Or" means that the connected items, conditions, provisions and events shall apply separately or in any combination.
"Either . . . or" means that the connected items, conditions, provisions or events shall apply separately but not in combination.
The word "includes" or "including" does not limit a term to the specified examples but is intended to extend the term's meaning to all other instances or circumstances of similar kind or character.
The word "City" means the City of Aberdeen, Maryland. The word "state" means the State of Maryland. The term "Charter" refers to the Aberdeen Charter approved by the voters of the City and all amendments thereto.
If a term is defined in the City Subdivision Regulations, Architectural Design Guidelines or the City Building Code, it shall have the meaning specified in the Subdivision Regulations, Architectural Design Guidelines, or Building Code unless specifically defined in this chapter.
The terms "Mayor and Council," "Board of Appeals," "Council," "Director of Planning and Community Development," "Planning Commission," "City Attorney" and "Zoning Administrator" mean the respective boards, officers, officials and department heads of the City. The term "Council" shall include the Mayor and Council.
All words, other than the terms specifically defined herein, shall have the meanings inferred from their context in this chapter, and if not defined by this chapter, refer to Webster's New Universal Unabridged Dictionary for their definition.
Conflicting regulations. The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or other rules, regulations, or ordinances or by private restrictions, the provisions of this chapter shall control. If there are conflicting provisions within the code the most restrictive shall apply.
Applicability of other laws. Notwithstanding the provisions of this chapter, any development shall be subject to the provisions of the Subdivision Regulations, and any other activity requiring the issuance of a permit, license, grant or approval shall be subject to the applicable law.
If any building, structure or use is not specifically listed, the use that is most similar to the proposed use shall apply.