[BCZR 1955]

[BCZR 1955]

[Bill Nos. 32-1988; 9-1996 ^[42]]

[BCZR 1955]

[BCZR 1955]

[BCZR 1955]

[Bill No. 32-1988]

[Bill No. 40-1967]

Baltimore County is hereby divided into zones and districts in accordance with this section.

A.

Zones.

1.

For the purpose of promoting the health, security, comfort, convenience, prosperity, orderly development and other aspects of the general welfare of the community, zones are intended to provide broad regulation of the use and manner of use of land, in accordance with comprehensive plans.

2.

Zones are classified as follows:

B.

Districts.

[Bill Nos. 172-1993; 127-1994]

1.

To further the purposes of zones, districts are intended to provide greater refinement in land-use regulation. Districts are superimposed upon zones.

2.

Districts are as follows:

C.

No zone shall be superimposed upon any other zone, but a district may be superimposed upon another district.

The official Zoning Map of Baltimore County, hereby adopted as part of these regulations, is the existing map in the office of the Zoning Commissioner of Baltimore County on which are designated the zones and zone boundaries adopted on January 2, 1945 ^[2], together with all amendments thereto and the changes in zone designations set forth in Section 100.3 herein.

The zones as created in Section 100.1 change the present zone designations as follows:

A or B Residence to R.6 Zone

C Residence to R.A. Zone

D Residence to R.G. Zone

E Commercial to B.L. Zone

F Light Industrial to M.L. Zone

G Heavy Industrial to M.H. Zone

[Bill Nos. 100-1970; 72-2004 ^[3]]

The residential zones and zoning classifications as previously changed in Section 100.3 are further changed; the R.40, R.20, R.10, R.6, R.G. and R.A. Zones and zoning classifications established before the effective date of this section by the official Zoning Map and amendments thereto and by Section 100.1 as previously enacted are also changed; and all of them are redesignated on the effective date of this subsection ^[4] as set forth below. Any requirement, stipulation or designation with respect to said classifications in any law, ordinance, regulation, private agreement or official Zoning Map shall be applied to or construed as the corresponding D.R. zoning classification, as follows, to the full extent of consistent applicability:

Zones heretofore classified as R.40 are now classified as D.R.1.

Zones heretofore classified as R.20 are now classified as D.R.2.

Zones heretofore classified as R.10 are now classified as D.R.3.5.

Zones heretofore classified as R.6 are now classified as D.R.5.5.

Zones heretofore classified as R.G. are now classified as D.R.10.5.

Zones heretofore classified as R.A. are now classified as D.R.16.

The location of any zone boundary, unless indicated by dimensions shown on the Zoning Map, shall be determined by use of the map scale shown thereon and scaled to the nearest foot.

[Bill Nos. 112-1988; 72-2004; 137-2004]

The designation of any historic property, site or historic district does not change the zoning classification or any requirement with respect to that zoning classification, unless specified otherwise in these regulations. However, plans for renovation, reconstruction, alteration or demolition of any structure on the Baltimore County Landmarks Preservation Commission's preliminary or final landmarks list or in a Baltimore County Landmarks Preservation Commission's historic district require special approvals as set forth in Article 32, Title 7 of the Baltimore County Code.

[Bill Nos. 51-1993; 63-2009; 113-2021]

A tract of land used for the accessory stabling and pasturing of animals and which is not a commercial agricultural operation is subject to the following provisions:

* Sucklings and weanlings under 12 months of age will not be counted. ^[5]

[Bill No. 149-1987]

Words used in the present tense include the future; words in the singular number include the plural number; the word "shall" is mandatory. For the purposes of these regulations, certain terms and words are defined below.

Any word or term not defined in this section shall have the ordinarily accepted definition as set forth in the most recent edition of Webster's Third New International Dictionary of the English Language, Unabridged.

ACCESSORY APARTMENT — A second living quarters within a principal single-family detached dwelling or within an accessory building situated on the same lot as the principal single-family detached dwelling and in compliance with Section 400, with dedicated bathing and cooking facilities, and located on owner-occupied property, subject to the following:

[Bill No. 49-2011]

A.

The owner may occupy either the principal dwelling or the accessory apartment;

B.

The occupant(s) of the accessory apartment and the occupant(s) of the principal single-family detached dwelling shall be family, related by blood, marriage or adoption; and

[Bill No. 7-23]

C.

The accessory apartment, whether located within the principal dwelling or in the accessory building, shall comply with all laws, regulations, and codes affecting residential occupancy.

[Bill No. 7-23]

ACCESSORY BUILDING — One which is subordinate and customarily incidental to and on the same lot with a main building. A trailer shall not be considered an accessory building. A structure connected to a principal building by a covered passageway or with one wall in common shall not be considered an accessory building.

ACCESSORY USE OR STRUCTURE — A use or structure which: (a) is customarily incident and subordinate to and serves a principal use or structure; (b) is subordinate in area, extent or purpose to the principal use or structure; (c) is located on the same lot as the principal use or structure served; and (d) contributes to the comfort, convenience or necessity of occupants, business or industry in the principal use or structure served; except that, where specifically provided in the applicable regulations, accessory off-street parking need not be located on the same lot. An accessory building, as defined above, shall be considered an accessory structure. A trailer may be an accessory use or structure if hereinafter so specified. An ancillary use shall be considered as an accessory use; however, a use of such a nature or extent as to be permitted as a "use in combination" (with a service station) shall be considered a principal use.

[Bill Nos. 100-1970; 26-1988] ^[6]

AGRICULTURE, COMMERCIAL — The use of land, including ancillary structures and buildings, to cultivate plants or raise or keep animals for income, provided that the land also qualifies for farm or agricultural use assessment pursuant to § 8-209 of the Tax-Property Article of the Annotated Code of Maryland, as amended. Commercial agriculture includes the production of field crops, dairying, pasturage agriculture, horticulture, floriculture, aquiculture, apiculture, viticulture, forestry, animal and poultry husbandry, the operation of an equestrian center, horse breeding and horse training and also includes ancillary activities such as processing, packing, storing, financing, managing, marketing or distributing, provided that any such activity shall be secondary to the principal agricultural operations.

[Bill Nos. 51-1993; 24-2002]

AIRPORT — Any area of land or water designed and set aside for landing or taking off of aircraft.

ALLEY — A right-of-way 20 feet or less in width, designated as an alley on either an unrecorded or recorded plat or dedicated as such by deed, which provides service access for vehicles to the side or rear of abutting property.

AMATEUR ATHLETIC ASSOCIATION — A nonprofit association formed for the purpose of promoting and advancing amateur sports. Such use may include administrative offices; classrooms and other facilities for player, coach, and referee training; research facilities; meeting rooms and multiday conference facilities; exhibits; indoor or outdoor recreational space and fields, including accommodations for public spectators; and any similar activities related to the amateur sport.

[Bill No. 61-2012]

AMBULATORY — A roofed area, leading to but outside of the main entrance of a nonresidential building, which may be enclosed for purposes of energy conservation and which may be used only as a passageway.

[Bill No. 85-1983] ^[7]

AMENITY OPEN SPACE — The available open space on a lot minus the area used for vehicular traffic, maneuvering and parking. In addition to uncovered ground area, the term includes such usable uncovered open area of buildings suitably improved as open space and designated by the owner for the use of occupants or the public and, in enclosed malls in designated town centers, such usable covered open area of buildings, other than parking areas, suitably improved as open space and designated by the owner for the use of occupants or the public.

Covered open space includes exterior space which is open on its sides to weather, but not open above, and which is not in excess of twice the total area of the clear, open and unobstructed portions of the open and partially open sides. The areas of roofed porches, covered exterior balconies and exterior spaces covered by portions of buildings supported on columns or cantilevers, such as porticoes, loggia, arcades, breezeways or galleries, may be considered as covered open space if meeting the above-stated limitations.

Open ground area less than ten feet wide may not be designated amenity open space, except that a suitably planted area as little as seven feet wide may be so designated if that area is within a parking lot.

[Bill Nos. 111-1968; 167-1980; 115-1982]

AMENITY OPEN SPACE RATIO — The total amenity open space on a lot divided by the adjusted gross floor area of buildings on the lot.

[Bill No. 111-1968]

AMUSEMENT DEVICES — Pinball machines (with or without flippers), video games, electronic games and other similar player-operated amusement games, machines and devices, but excluding coin-operated pool tables, music boxes, children's rides and shuffleboards.

[Bill No. 29-1982]

ANIMAL BOARDING PLACE — Any building, other structure or land, or any portion thereof, that is used, intended to be used, or arranged for the boarding, breeding or other care of animals, except dogs, for profit. An animal boarding place does not include commercial agriculture, as defined in Section 101, or a pet shop, veterinarian's office or veterinarium.

[Bill Nos. 85-1967; 87-2001]

ANIMAL BOARDING PLACE, CLASS A — An animal boarding place exclusively for cats, birds or other household pets, excluding dogs.

[Bill Nos. 85-1967; 87-2001]

ANIMAL BOARDING PLACE, CLASS B — Any other animal boarding place not excluded under the general definition of "animal boarding place" above.

[Bill No. 85-1967] ^[8]

ANIMAL GROOMING FACILITY — A building used for the bathing, clipping, or grooming of household pets. No overnight care or boarding may be provided in the animal grooming facility. An animal grooming facility may be the sole use in a building or it may accompany a retail use, a veterinarian's office, a veterinarium or an animal boarding facility.

[Bill No. 93-2006]

ANTIQUE SHOP — A retail establishment for the sale of goods of a type that are often purchased by collectors and that may include furniture, pottery, glassware, jewelry, linens, tools, artworks and books which were manufactured at least 20 years in the past. Antique shop includes the outside display of merchandise offered for sale in front of the establishment on the same lot within five feet of the front porch of front building facade.

[Bill Nos. 73-2000; 74-2000]

ARBORIST, LICENSED — A person or business, licensed by the State of Maryland, and licensed as a tree expert in accordance with the requirements of the Natural Resources Article of the Annotated Code of Maryland, who cares for, maintains, plants, trims, or removes trees from commercial, residential, or public lands, and who keeps and maintains the commercial vehicles and equipment necessary to carry out that purpose.

[Bill No. 23-2017]

ARCADE — A building or part of a building in which five or more pinball machines, video games or other similar player-operated amusement devices are maintained.

[Bill No. 29-1982]

AREA, NET — Land area not including area of land in public streets or other fee-simple public rights-of-way.

[Bill No. 40-1967]

ARTERIAL STREET — A motorway or portion thereof which: is or is intended for travel to or from major employment centers, such as town centers; has or is intended to have, four or more lanes for moving traffic; is or is intended to be designed for traffic speeds of at least 40 miles per hour; has or is intended to have a right-of-way at least 66 feet wide; is not a freeway or an expressway; and has been designated as an arterial street (or as a boulevard or thoroughfare) by the Planning Board.

[Bill No. 40-1967]

ASSISTED-LIVING FACILITY — A building, or section of a building, that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination thereof, to meet the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living and which is licensed as an assisted-living program as defined under Title 19, Subtitle 18 of the Health-General Article, Annotated Code of Maryland. For the purposes of this definition, if a resident lives in a room or apartment providing complete kitchen facilities intended for the daily preparation of meals by or for that resident, the unit shall not be considered an assisted-living facility. Density for such facilities shall be calculated at 0.25 for each bed.

[Bill Nos. 36-1988; 188-1993; 19-2004]

A.

ASSISTED-LIVING FACILITY I — An assisted-living program which:

1.

Is located in a structure which was built at least five years before the date of application;

2.

Was not enlarged by 25 percent or more of ground floor area within the five years before the date of application; and

3.

Which accommodates fewer than eight resident clients.

B.

ASSISTED-LIVING FACILITY II — An assisted-living program which:

1.

Is located in a structure which was built at least five years before the date of application;

2.

Was not enlarged by 25 percent or more of ground floor area within the five years before the date of application; and

3.

Accommodates between eight and 15 resident clients.

C.

ASSISTED-LIVING FACILITY III — An assisted-living program which:

1.

Will accommodate more than 15 resident clients; and

2.

Will be in a structure which was built or enlarged by more than 25 percent of ground floor area less than five years before the date of application; or

3.

Will be in a structure which will be newly constructed or enlarged by more than 25 percent of ground floor area for the assisted-living program.

BALTIMORE COUNTY CODE — The Baltimore County Code of 2015, as amended.

[Bill Nos. 137-2004; 52-2020]

BANK — The term "bank" includes bank station, building and loan association, savings and loan association, credit union and similar chartered financial institutions. The term also includes automatic teller machines or banking devices and drive-through banking facilities, except as limited by the use listing in any zone where a bank is permitted.

[Bill Nos. 13-1980; 191-1990]

BASEMENT — That portion of a building below the first floor, the floor of which is less than one-half of the height of the room below the average grade of the adjoining ground. (See definitions of "cellar" and "story.") ^[9]

BED-AND-BREAKFAST INN — A tourist home that provides rooms for paying guests on an overnight basis for periods not to exceed 14 days, with breakfast being available on the premises at no additional cost. A bed-and-breakfast inn is allowable in a building originally constructed as a one-family dwelling that has historic value or significance, and may include accessory structures.

[Bill Nos. 113-1988; 130-2005; 100-2018]

BEDROOM — The term "bedroom" includes a bedroom, any other room used principally for sleeping purposes, an "all-purpose room," a study or a den, provided that no room having less than 100 square feet of floor area shall be considered a bedroom.

[Bill No. 100-1970]

BILLIARD OR POOL ROOM — A business establishment where the principal use is the playing of pool or billiards and at least 75 percent of the net floor area of the establishment's interior space is devoted exclusively to this use. The net floor area does not include space that is not available for use by the public.

[Bill No. 30-1983]

BOARDING- OR ROOMING HOUSE

[Bill Nos. 44-1982; 124-1993; 86-2001; 102-2001; 137-2004; 17-2009; 66-2019]

A.

A building:

1.

Which is the domicile of the owner and in which rooms with or without meals are provided, for compensation, to three or more individuals who are 18 years old or older and not related by blood, marriage or adoption to the owner; or

2.

Which is not the owner's domicile and which is occupied in its entirety, for compensation, by three or more individuals who are 18 years old or older and not related to each other by blood, marriage or adoption.

B.

The term does not include a hotel, motel, apartment building or a facility for foster care (as defined in the Family Law Article, Section 5-501(g) of the Annotated Code of Maryland and COMAR 07.06.16). The term does include a care home (as defined in the Health General Article, Section 19-307(b) of the Annotated Code of Maryland.)

C.

For purposes of this definition only, "owner" means an individual who:

1.

Has more than a 50 percent legal or equitable interest in the property; and

2.

Shares in more than 50 percent of the profits or losses derived from the compensation paid under Paragraph A of this definition.

D.

If an individual who is 18 years old or older and who is not related to the owner by blood, marriage or adoption resides for more than 30 days during any 12-month period in a building in which compensation is received from any person, the building shall be considered the domicile of the individual for compensation for purposes of this definition and shall be counted as an individual in the domicile under Paragraph A.1 or A.2 of this definition.

E.

The owner of a building shall have the burden of proving that an individual is related by blood, marriage, or adoption either to the owner or to the other individuals in the domicile as required under Paragraph A.1 or A.2 of this definition.

F.

Any unrelated individual occupying a building under Paragraph A.1 or A.2 shall be deemed to do so for compensation for the purposes of this definition. Any false statement made to a Code Official with regard to an investigation under this paragraph shall be punishable pursuant to § 1-2-217 of the County Code.

BOATYARD — A commercial or nonprofit boat basin with facilities for one or more of the following: sale, construction, repair, storage, launching, berthing, securing, fueling and general servicing of marine craft of all types.

[Bill No. 64-1963]

BREWERY — An establishment with a valid alcoholic beverage manufacturer's license Class 5, 6, 7 or 8, issued in accordance with the Annotated Code of Maryland, Article 2B, Sections 2-206, 2-207, 2-208 or 2-209.

[Bill Nos. 185-1995; 64-2015]

BREWERY, CLASS 5A — A brewery with a state Class 5 license which produces 100,000 or more barrels of malt beverage per year.

[Bill No. 185-1995]

BREWERY, CLASS 5B — A brewery with a state Class 5 license which produces less than 100,000 barrels of malt beverage per year.

[Bill No. 185-1995]

BREWERY, CLASS 6 — A brewery with a state Class 6 (pub-brewery) license. A Class 6 brewery is accessory to a standard restaurant and produces no more than 2,000 barrels of malt beverage per year.

[Bill No. 185-1995]

BREWERY, CLASS 7 — A brewery with a state Class 7 (micro-brewery) license. A Class 7 brewery is established in conjunction with a standard restaurant and produces no more than 10,000 barrels of malt beverage per year. For the purposes of these regulations, a standard restaurant with a state Class 7 license shall be defined as a Class 7 brewery.

[Bill No. 185-1995]

BREWERY, CLASS 8 — A brewery located on a minimum of ten acres with a Class 8 (farm brewery) license, which sells and delivers malt beverage manufactured in a facility on the licensed farm with an ingredient from a Maryland agricultural product grown thereon, and produces no more than 15,000 barrels of malt beverage per year.

[Bill No. 64-2015]

BUILDING — A structure enclosed within exterior walls or fire walls for the shelter, support or enclosure of persons, animals or property of any kind.

BUILDING HEIGHT — The height of the highest point on a building or other structure as measured by the vertical distance from the highest point on the structure to the horizontal projection of the closest point at exterior grade. In instances where it is obvious that the exterior grade has been artificially built up above natural or surrounding finished grade, the vertical distance will be measured by projecting the natural or surrounding finished exterior grade to the closest point (foundation wall).

[Bill No. 151-1988]

BUILDING LINE — The line established by law beyond which a building shall not extend.

BUILDING MATERIALS STORAGE AND SALES YARD — The use of any space, whether inside or outside a building used principally for the storage or sale of building materials or supplies.

[Bill No. 149-1987]

BUS SHELTER, CLASS A — A transit facility without advertising that is an inherent part of the Maryland Transit Administration's bus system that protects users from the weather while waiting for a bus.

[Bill No. 32-2004]

BUS SHELTER, CLASS B — A transit facility with advertising that is an inherent part of the Maryland Transit Administration's bus system that protects users from the weather while waiting for a bus.

[Bill No. 32-2004]

BUS TERMINAL — A station for common carrier vehicles having a carrying capacity of ten or more passengers. In addition to providing passenger services such as ticket sales, boarding and alighting, a bus terminal has areas for short-term storage of busses during layover periods not exceeding one night. This definition does not include mass transit administration vehicles or Baltimore County public school busses.

[Bill No. 91-1990]

CAMPGROUND — A tract of land upon which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes.

[Bill Nos. 73-2000; 74-2000]

CAMPING UNIT — A tent, cabin, lean-to, recreational vehicle or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes.

[Bill Nos. 73-2000; 74-2000]

CAMPSITE — Any plot of land within a campground intended for exclusive occupancy by a camping unit or units, occupied by a camper.

[Bill Nos. 73-2000; 74-2000]

CAR WASH — An area of land and/or a structure with machine or hand-operated facilities used for the cleaning, washing, polishing or waxing of motor vehicles as a principal or accessory use.

[Bill Nos. 108-1964; 172-1993]

CAR WASH, FULL-SERVICE — A car wash providing automated exterior washing or waxing services, or which provides cleaning, washing, waxing, drying or interior cleaning by hand. For the purpose of these regulations, a facility which provides complete interior and exterior detail cleaning that takes more than approximately two hours per car shall not be considered a full-service car wash.

[Bill No. 172-1993]

CAR WASH, ROLL-OVER — A car wash where exterior-only cleaning, washing or waxing services are provided on a roll-over basis with the vehicle in a stationary position during the servicing.

[Bill No. 172-1993]

CAR WASH, SELF-SERVICE — A car wash where equipment or facilities are provided for the self-service cleaning and washing of motor vehicles.

[Bill No. 172-1993]

CATERING HALL — A facility or part of a facility used regularly for serving beverages and food to groups which reserve the facility for banquets or gatherings before the day of the event. A catering hall is not a standard restaurant.

[Bill No. 110-1993]

CELLAR — That portion of a building below the first floor, the floor of which is more than one-half the height of the room below the average grade of the adjoining ground. (See definition of "basement.")

CENTRAL COMMUNITY HUB — A facility or group of facilities, situated on a single tract of land, which provides a variety of commercial, civic, social, and recreational activities meant to serve the residents of the adjacent and surrounding communities. A central community hub includes, but is not limited to, retail; commercial; recreational facilities; libraries; facilities for the support of performing and other creative arts; facilities for cultural or community-based activities and organizations; group child-care centers; day camps; senior centers; studios for artists, musicians, or other similar cultural purposes; art galleries and outdoor space for artwork display and sale; vocational training spaces; offices; standard restaurants; breweries and nanobreweries; and supporting parking. A central community hub shall not include: class 5a breweries; fuel service stations; service garages; warehouses (excepting ancillary storage for other uses); public storage; trucking facilities, and carwashes.

[Bill No. 98-23]

CLEANING AND RESTORATION BUSINESS — A business that provides cleaning and restoration services for residential and commercial buildings and properties for damage caused by fire, wind, flooding, freezing temperatures, and other natural occurrences, as well as sewage backups, mold and virus contamination, and other similar emergency occurrences.

[Bill No. 8-2021]

COLD ROLLING MILL — A metal manufacturing and processing facility where metals or metal alloys are heated and rolled to produce a metal or metal alloy product in finished coil form. The heating facilities and furnaces used are capable of producing temperatures no greater than 500 degrees Celsius.

[Bill No. 21-2018]

COLLECTOR STREET, MAJOR — A street, or a part of one, that: is intended for travel between neighborhoods or between neighborhoods and other places, but not for travel within neighborhoods; is not an arterial street; and has been designated as a major collector street by the Planning Board by the same method used to designate freeways, expressways and arterial streets.

[Bill No. 18-1976]

COMMERCIAL FILM PRODUCTION — The shooting of film or videotape on location in a natural setting for the purpose of producing a feature-length movie, made-for-television movie, television series, documentary, commercial advertisement, industrial film or commercial still photograph. This term shall not include the shooting of current news events or filming, videotaping or photography in a studio.

[Bill No. 57-1990] ^[10]

COMMERCIAL KENNEL — Any establishment where the commercial breeding of dogs or the boarding, sale, or training of dogs takes place and for which a fee is charged. A commercial kennel does not include a private kennel, pet shop, veterinarian's office, or veterinarium.

[Bill Nos. 87-2001; 72-2002]

COMMERCIAL RECREATIONAL FACILITIES — Facilities whose principal purpose is to provide space and equipment for nonprofessional athletic activities. A commercial recreational facility includes, but is not limited to, a baseball-batting range or cage; golf-driving range; putting green; miniature golf; athletic field; swimming pool; skating rink or course; baseball, racquetball, tennis or squash court; archery range or similar facility; children's play center; trampoline park, climbing center, or similar facility; or any combination of the above. For the purpose of these regulations, a commercial recreational facility includes a commercial recreational enterprise, but shall not include a rifle, pistol, skeet or trap range; go-cart course;

amusement park; or similar use.

[Bill Nos. 176-1994; 21-1996; 29-2018]

COMMERCIAL VEHICLE — Any vehicle with a gross vehicle weight or gross combination weight over 10,000 pounds or any vehicle, regardless of weight, which: (1) is used for the transportation of materials, products, freight, other vehicles or equipment in furtherance of any commercial activity; (2) is used "for hire"; or (3) displays advertising thereon. Identification of the vehicle's manufacturer model or dealer shall not be considered as advertising. Commercial vehicles shall not be deemed to include any farm vehicle or farm equipment actually and regularly used on a farm, satellite farm or farmette; school or church vehicle located at a civic, educational, social, recreational or religious institution; recreational vehicle as defined in Section 101; trailer (or mobile home) as defined in Section 101; vanpool or historic vehicle as registered with the State Motor Vehicle Administration. As used herein, gross vehicle weight or gross combination weight means the weight recorded by the State Motor Vehicle Administration on the vehicle's registration certificate or recorded by the manufacturer on the certificate of origin if no specific weight is recorded on the registration certificate.

[Bill No. 70-1988] ^[11]

COMMUNITY CARE CENTER — A small-scale facility, sponsored or operated by a private charitable organization or by a public agency and licensed by the Maryland State Department of Health and Mental Hygiene or by the Maryland State Department of Social Services, for the housing, counseling, supervision or rehabilitation of alcoholics or drug abusers or of physically or mentally (including emotionally) handicapped or abused individuals who are not subject to incarceration or in need of hospitalization.

[Bill No. 142-1979]

COMPARTMENTALIZED WAREHOUSE ESTABLISHMENT — A building consisting of individual, small, self-contained units that are leased or owned for self-service storage of business or household goods.

[Bill No. 46-1992]

COMPRESSED NATURAL GAS FUELING FACILITY — A facility wherein natural gas, provided by a standard domestic service gas utility pipeline, is metered to equipment that processes the gas into a compressed form that is ready for distribution into vehicles that are specially equipped to be fueled by the resulting compressed natural gas product. A compressed natural gas fueling facility is not a fuel service station, a liquefied natural gas facility, a trucking facility, or a truck stop.

[Bill No. 71-2021]

CONSERVANCY AREA — The portion of a rural cluster development which contains significant natural or historic features and which has been dedicated through deed restriction and easements for continued farming, forestry or open space use in order to remain largely undisturbed.

[Bill No. 113-1992]

CONSERVATION BURIAL GROUND — A type of natural burial as that term is defined in these regulations in which a property is permanently protected under a conservation easement and operates in accordance with Sections 401.2 and 401.2.1 of these regulations.

[Bill Nos. 6-2015; 76-2021]

CONSTRUCTION EQUIPMENT STORAGE YARD — The use of any space, whether inside or outside a building, for the storage of construction equipment or machinery, including landscaping equipment and associated materials.

[Bill No. 149-1987]

CONTINUING CARE FACILITY — A building or group of buildings that contains dwelling facilities for assisted living, and facilities for convalescent or nursing care on the same site, where occupancy of the facility is restricted to persons 60 years of age or older or couples where either the husband or wife is 60 years of age or older.

[Bill No. 36-1988]

CONTRACTOR'S EQUIPMENT STORAGE YARD — The use of any space, whether inside or outside a building, for the storage or keeping of contractor's equipment or machinery, including building materials storage, construction equipment storage or landscaping equipment and associated materials.

[Bill No. 149-1987]

CONTRACTOR'S OFFICE — A room or group of rooms for conducting the business affairs of a building trade.

[Bill No. 149-1987]

CONTRACTOR'S SHOPS — Establishments for trades involved in the installation and servicing of items whose use is related to the construction, improvement or maintenance of buildings or landscaping of grounds.

[Bill No. 149-1987]

CONTROLLED-ENVIRONMENT STRUCTURE — A temporary or permanent structure enclosed by glass or plastic, utilized exclusively to cultivate plants, to protect plants from the elements or to produce plants out of season.

[Bill No. 41-1992]

CONVENIENCE STORE — A retail establishment which primarily sells refrigerated products, household items, carry-out food products or prepackaged frozen, chilled or scaled foods and meals, that may be heated by the customer at the premises, but are generally eaten off-site. A convenience store does not exceed a gross floor area of 6,000 square feet and is usually open for at least 12 hours in a 24-hour period. A convenience store combined with a restaurant in which both are located within a single structure with a gross floor area up to 6,000 square feet inclusive of accessory storage is considered a combined convenience store and carry-out restaurant for the purpose of determining the minimum number of required parking spaces when such use is with a permitted fuel service station. There shall be no limit on the number of tables and chairs provided for customers so long as they are available to all customers of the combined use with a fuel service station, and the number of tables and chairs shall not be included in a calculation of required parking.

[Bill No. 86-1994; 87-2016; 15-2019]

CONVERTED BUILDER SHOW HOUSE — A property that is improved by a structure that was used as a dwelling that is converted into an office and show room for the purpose of showing, displaying, and selling the work of and materials offered by a commercial or residential builder or remodeler.

[Bill No. 81-24]

COUNTRY CLUB — A nine- or 18-hole golf course with a clubhouse and other appropriate facilities, which may include other recreational facilities (see Section 406A).

[Bill No. 62-1978] ^[12]

COUNTY TRUCKING-FACILITIES-DEVELOPMENT OFFICIALS — A committee consisting of the County Administrative Officer, as Chairman, the Director of Planning, the Director of Public Works and Transportation, the Director of Permits, Approvals and Inspections and the Director of Economic and Workforce Development, or their respective designees.

[Bill Nos. 18-1976; 122-2010; 71-2013; 33-2021]

DATA CENTER — A building or group of buildings used to house computer systems, computer storage equipment, and associated infrastructure that businesses or other organizations use to organize, process, store, and disseminate large amounts of data. A data center is only permitted east of Pulaski Highway (Route 40) or south of Liberty Road.

[Bill No. 54-24]

DAY CAMP — A plot of ground upon which children may engage in supervised recreational, educational, cultural or artistic activities outdoors during daylight hours, but day camp does not include schools or child care centers.

[Bill Nos. 73-2000; 74-2000]

DENSITY UNIT — An expression of extent or density of dwelling use as related to number of rooms in, or type of, dwelling unit, so that:

Each efficiency apartment is equivalent to 0.50 density unit;

Each one-bedroom dwelling unit is equivalent to 0.75 density unit;

Each two-bedroom dwelling unit is equivalent to 1.00 density unit; and

Each dwelling unit with three or more bedrooms is equivalent to 1.50 density units.

[Bill No. 100-1970] ^[13]

DESIGN PROVISIONS, ADOPTED — Design provisions adopted by the Planning Board under the authority of Section 504.1 of these regulations.

[Bill No. 98-1975]

DIAMETRAL DIMENSION (OF A LOT) — The diameter of the largest circle that may be inscribed within lot lines.

[Bill No. 98-1975]

DISABLED PERSON — Any person who at the time of the filing of a petition for special exception for a home occupation of a disabled person has been determined to be disabled or handicapped pursuant to the provisions and procedures prescribed in § 13-616(b) of the Transportation Article of the Annotated Code of Maryland, as amended; in 42 U.S.C. § 416; in 29 U.S.C. § 705; or in 42 U.S.C. § 150002.

[Bill Nos. 27-1981; 137-2004] ^[14]

DISTILLERY — An establishment with a valid alcoholic beverage manufacturer's license Class 1, 9, or 2, issued in accordance with the Annotated Code of Maryland, Subtitle 2 of Title 2 of the Alcoholic Beverages Article.

[Bill No. 45-22]

DISTILLERY, CLASS 1 — A distillery with a State Class 1 Distillery License.

[Bill No. 45-22]

DISTILLERY, CLASS 9 — A distillery with a State Class 9 Limited Distillery License.

[Bill No. 45-22]

DISTILLERY, CLASS 2 — A distillery or rectifier with a State Class 2 Rectifying License.

[Bill No. 45-22]

DOMESTIC ANIMAL SANCTUARY — Any building, structure, or land, or any portion thereof, that is used or intended to be used for the shelter and care of dogs and cats that have been abandoned, neglected, or abused by prior owners. Such facility must be operated by an organization qualified as a nonprofit under Section 501(c)(3) of Title 26 of the United States Code. The organization must facilitate at least 50 animal adoptions per year, and no services will be provided beyond those intended to serve the needs of the animals in the facility. The facility will be accessible to the public for the limited purpose of placing the animals in acceptable home environments. The establishment of such a facility shall not preclude the use of the land for residential or agricultural purposes.

[Bill No. 20-2010]

DONATION BIN — Has the meaning stated in § 21-23-101(a) of the Baltimore County Code.

[Bill Nos. 154-1982; 43-2017; 3-2020]

DORMITORY — A building used for the housing of students, both undergraduate and graduate, or resident counselors or advisors, located on an institutional campus of a specific institution.

[Bill No. 61-2021]

DRIVE-IN CLUSTER, PLANNED — An integral commercial development for which an overall plan has been approved by the Department of Planning and which meets the following criteria for Type 1 or Type 2:

A.

Type 1: Is under common ownership or control; is on a site at least three acres in net area; has at least 500 feet of lot frontage on arterial streets; and is devoted primarily to drive-in uses or other vehicle-oriented establishments, with vehicular access to any use in the development solely from service drives on the site.

B.

Type 2: Is under common ownership or control; is on a site at least 2.5 acres in net area; has at least 250 feet of frontage on an arterial street; has vehicular access to an arterial street within 300 feet of the right-of-way of an interstate highway; and is devoted primarily to drive-in uses or other vehicle-oriented establishments, with vehicular access to any use in the development from service drives on the site.

[Bill Nos. 40-1967; 55-2011; 53-2018]

DRIVE-IN RESTAURANT — A retail outlet where food or beverages are sold to a substantial extent for consumption by customers in parked motor vehicles.

[Bill No. 40-1967]

DUPLICATING SERVICE BUSINESS — A business establishment containing no more than 3,000 square feet of net floor area where the principal use is the provision of quick-copy duplicating and printing of reports, resumes, correspondence, office forms and other similar services to businesses and individuals. For the purpose of this definition, the term "net floor area" includes selling and working space and accessory storage areas, but it does not include areas intended and utilized for permanent uses such as sanitary facilities, stairwells, heating equipment, fire corridors and enclosed parking. The term "duplicating service business" does not include any printing operation which uses a press larger than 17 inches by 24 inches (maximum sheet size).

[Bill No. 117-1983]

DURABLE AND DUSTLESS SURFACE — A surface adequately covered in accordance with good practice with bituminous surface treatment, concrete, bituminous concrete or equivalent paving material approved by the Zoning Commissioner, and maintained in good condition at all times. The words "equivalent paving material" as used herein mean any alternative paving material that, in the judgment of the Zoning Commissioner, will, in the case of a particular property or use, allow for equal or better results in preventing dust, erosion or other undesirable conditions.

[Bill No. 26-1988]

DWELLING — A building or portion thereof which provides living facilities for one or more families. ^[15]

DWELLING, ALTERNATIVE SITE DESIGN — A dwelling sited on a zero lot line or zipper lot, patio house or neo-traditional dwelling as prescribed in the Comprehensive Manual of Development Policies. ^[16]

[Bill No. 2-1992]

DWELLING, SINGLE-FAMILY DETACHED — A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and not attached to any other dwelling by any means. Single-family detached dwellings to be developed as part of an alternative site design shall be considered alternative site design dwellings.

[Bill No. 2-1992]

DWELLING, TWO-FAMILY — A two-family house containing two dwelling units each of which is totally separated from the other with an unpierced ceiling and floor extending from exterior wall to exterior wall or by an unpierced wall extending from ground to roof.

[Bill No. 2-1992] ^[17]

ENCLOSED MALL — A shopping center containing an enclosed pedestrian concourse or connecting enclosed pedestrian concourses to which at least 75 percent of the establishments therein front onto and have their only direct access (except as required for emergency use).

[Bill No. 29-1982]

ENERGY STORAGE DEVICE — A resource capable of absorbing electrical energy, storing it for a period of time, and delivering the energy for use at a later time as needed. An energy storage device is not considered a utility transmission facility. An energy storage device consists of the system of structures, wires, insulators and associated hardware that carries electrical energy to and from the electric power system. If located in the R.C. 5 zone, the site of an energy storage device shall be a minimum of 30 acres and located within one half mile of a transmission line. An energy storage device is only permitted east of Pulaski Highway (Route 40) or south of Liberty Road.

[Bill No. 54-24]

ENVIRONMENTAL IMPACT STATEMENT — A comprehensive study which accurately discloses the environmental consequences or enhancement of a proposed action. Such a statement must include the following:

A detailed description of the proposed action including information and technical data adequate to permit a careful assessment of environmental impact;

Discussion of the probable impact on the environment, including any impact on ecological systems and any direct or indirect consequence that may result from the action;

Any adverse environmental effects that cannot be avoided;

Alternatives to the proposed action that might avoid some or all of the adverse environmental effects, including analysis of cost and environmental impact of these alternatives;

An assessment of the cumulative, long-term effects of the proposed action including its relationship to short-term use of the environment versus the environment's long-term productivity; and

Any irreversible or irretrievable commitment of resources that might result from the action or which would curtail beneficial use of the environment.

[Bill No. 98-1975]

EQUESTRIAN CENTER — Two hundred or more contiguous acres of land, and any improvements thereon, which is owned and operated by an organization qualified as a nonprofit under Section 501(C)(3) of Title 26 of the United States Code (for the purpose of land conservation and open space preservation) and is used primarily for equestrian activities. For the purpose of this definition, equestrian activities include horse riding, horse training, horse racing, horse showing, dressage, stadium jumping, cross-country jumping, carriage competitions, and any and all other equine activities and events.

[Bill No. 24-2002]

EXCAVATIONS, CONTROLLED — All types of excavations other than those defined as "excavations, uncontrolled."

EXCAVATIONS, UNCONTROLLED — The digging of soil, sand, gravel, rock, minerals, clay or other earthen material from a land surface for any of the following purposes:

When incidental to the operation of a permitted business or manufacturing use located on the same property, but excluding any digging of material for sale, exchange, processing or manufacture;

For grading or other purposes incidental to improvement of the land; and

When incidental to the development of land or to grading for public improvements.

[Resolution, November 21, 1956]

EXPRESSWAY — A motorway or portion thereof which is, or is intended, for intra-metropolitan travel of varying distances; has or is intended to have a center median strip and a total of four or more lanes for moving traffic; is designed or intended for traffic speeds of at least 55 miles per hour; has no direct access to individual uses on abutting private property; and has been designated as an expressway by the Baltimore County Planning Board.

[Bill No. 40-1967]

FACE-REAR ORIENTATION — Orientation of a building (automotive service station) in such a manner that the pumps, openings to the service bays, etc., face away from any street and toward the rear of the site.

[Bill No. 40-1967]

FACE-SIDE ORIENTATION — Orientation of a building (automotive service station) in such a manner that the pumps, openings to the service bays, etc., face away from any street and toward a side of the site.

[Bill No. 40-1967]

FAMILY — Any number of individuals lawfully living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group occupying a boarding or rooming house or hotel.

FAMILY CHILD CARE HOME — A private residence wherein care, protection and supervision is provided for a fee for part or all of a day at least twice a week to no more than eight children at one time, including children of the adult provider. The operator of a family child care home shall hold at least one fire drill each week for the benefit of the children (see Section 424).

[Bill Nos. 47-1985; 7-1991]

FARM — Three acres or more of land, and any improvements thereon, used primarily for commercial agriculture, as defined in these regulations, or for residential and associated agricultural uses. The term does not include the following uses as defined in these regulations: limited-acreage wholesale flower farms, riding stables, landscape service, firewood operations and horticultural nursery businesses.

[Bill Nos. 85-1967; ^[18]

FARM (LIMITED-ACREAGE WHOLESALE FLOWER FARM) — A "limited-acreage wholesale flower farm" is less than three acres of land, and any improvements thereon, and is primarily used for the growing of flowers and small plants and their wholesale distribution.

[Bill Nos. 85-1967; 41-1992]

FARMER'S ROADSIDE STAND — An accessory structure, barn or other farm building or portion thereof owned and operated by an agricultural producer, used for the sale of indigenous farm products, the majority of which have been grown, or grown and produced, on the premises, on adjacent land or on properties farmed by the same agricultural producer.

[Bill Nos. 41-1992 ^[20]; 34-2009; 48-2011]

FARM MARKET — An accessory or principal building or structure other than a dwelling which is used by one or more farmers for the sale of products grown, or grown and produced, primarily on their own farms or for the sale of other indigenous farm products. A farm market may sell a limited amount of locally produced nonagricultural goods such as handcrafted items, homemade baked goods, homemade preserves, and jams.

[Bill Nos. 41-1992; 34-2009]

FARMSTEAD CREAMERY — An establishment, that is part of a commercial dairy farm, where dairy products such as milk, butter, cheese, ice cream, and yogurt are made, processed, or prepared.

[Bill No. 34-2009]

FIREWOOD OPERATION — The business of processing wood so that it can be marketed and burned as fuel. Such operations include, but are not limited to, harvesting, transporting, yarding, seasoning, marketing, shipping and receiving of logs and firewood. A farm which limits the processing and marketing of firewood to owner-produced forestry resources shall not be considered a firewood operation.

[Bill No. 151-1992]

FISHING AND SHELLFISHING FACILITY, SHORELINE — A principal use that consists of the buildings, equipment or other facilities necessary to accommodate the onshore activities of a fishing and shellfishing business (including retailing or wholesaling of the catches) and that is situated on a lot on the shoreline of tidal waters.

[Bill No. 30-1978]

FISHING AND SHELLFISHING FACILITY, SHORELINE, CLASS I — A shoreline fishing and shellfishing facility that can accommodate a fishing business no larger than that entailing the use of not more than two commercial fishing boats and that is situated on a lot also occupied by the primary residence of its operator, who is a person required to have a license by any of the provisions of Title 4 of the Natural Resources Article of the Annotated Code of Maryland. For the purposes of these regulations, a "commercial fishing boat" does not include a boat more than 45 feet long.

[Bill No. 30-1978]

FISHING AND SHELLFISHING FACILITY, SHORELINE, CLASS II — A shoreline fishing and shellfishing facility other than a Class I shoreline fishing facility.

[Bill No. 30-1978]

FLOODPLAIN, 100-YEAR — The 100-year floodplain includes all of the land that is adjacent to a watercourse and that would be inundated by a flood whose severity is such that the probability of its occurring once during a given year is considered to be one percent.

[Bill No. 98-1975]

FLOOR AREA, ADJUSTED GROSS — The sum of the gross areas of the several floors of a building or buildings on a lot, measured from the exterior faces of exterior walls.

[Bill Nos. 111-1968; 126-1986; 66-2002]

In particular, "adjusted gross floor" area includes:

Basement space, unless it is specifically excluded under another provision of this definition;

Elevator shafts or stairwells at each floor;

Attic space (whether or not a floor is laid) with structural headroom of seven feet or more;

Floor space of interior balconies or mezzanines;

Except in an OR-2 or O-3 Zone, above-grade floor space used for accessory off-street parking spaces;

Any other floor space not specifically excluded.

The adjusted gross floor area of a building shall not include:

Water tanks, cooling towers or elevator or stair bulkheads;

Uncovered steps;

Attic space with structural headroom of less than seven feet;

Floor space on exterior unenclosed balconies, terraces or other open areas;

Below-grade floor space upon which are situated accessory heating or air-conditioning plants or other accessory mechanical or electrical utility equipment; and

Below-grade floor space used for accessory off-street parking spaces.

As used in this definition, the terms "above-grade" and "below-grade" shall refer to the grade of the street to which the major pedestrian access is established, at the place of access.

FLOOR AREA, GROSS — The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of exterior walls and from the center line of walls separating two or more buildings, but not including floor space used for off-street parking, or any space where the floor-to-ceiling height is less than six feet. This term does not include any floor space in a basement or cellar which is used exclusively for storage or upon which are situated accessory heating or air conditioning equipment or other accessory mechanical or electrical utility equipment, nor does it include any floor space in an atrium or lobby which is not leasable to or occupied by individual tenants.

[Bill No. 26-1988]

FLOOR AREA RATIO — The total adjusted gross floor area of buildings on a site divided by the gross area of the site.

[Bill Nos. 56-1961; 111-1968]

FREEWAY — A motorway or portion thereof which: is, or is intended, for both intra- and inter-metropolitan travel; has or is intended to have a center median strip and a total of four or more lanes for moving traffic; is designed or intended for traffic speeds of at least 60 miles per hour; has no access to abutting private property; has no grade intersections with other motorways; and has been designated as a freeway by the Planning Board.

[Bill No. 40-1967]

FUEL SERVICE STATION — A structure or land used or intended to be used for the retail sale of automotive fuel, but not a truck stop. For the purpose of these regulations, any establishment which sells auto fuel retail shall be considered a fuel service station, unless it is classified as a truck stop or trucking facility.

[Bill Nos. 40-1967; 18-1976; 172-1993]

FUEL SERVICING SPACE — On a fuel service station site, any one of the maximum number of spaces on which cars may be situated simultaneously while being fueled.

[Bill Nos. 40-1967; 172-1993]

GARAGE, COMMUNITY — A structure or series of structures for the storage of automobiles of residents of the neighborhood, and not used for making repairs.

GARAGE, RESIDENTIAL — An accessory building, portion of a main building or building attached thereto used for storage of private motor vehicles.

[Bill No. 70-1988]

GARAGE, SERVICE — A garage, other than a residential garage, where motor-driven vehicles are stored, equipped for operation, repaired or kept for remuneration, hire or sale.

GARDEN CENTER — A place of business where garden related products, horticultural materials or produce are sold to the retail customer. A garden center may include a nursery or controlled environment structures.

[Bill No. 41-1992]

GOLF COURSE — A tract of land laid out for at least nine holes for playing golf, and improved with tees, greens, fairways and hazards, facilities for collecting fees, storing golf equipment for rental or limited sale and storing equipment for maintenance of the golf course. Golf course includes snack stands and a restaurant with seating for no more than 50 persons. Golf course does not include catering facilities, nor any other facilities for entertainment or recreation.

[Bill Nos. 73-2000; 74-2000]

GREYFIELD — Commercial or retail sites or developments, such as shopping centers and malls, that are underutilized or have been abandoned after a period of disinvestment.

[Bill No. 9-24]

GROSS LEASABLE AREA (GLA) — The total floor area of a building for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use. Gross leasable area does not include public or common areas which are not leasable to individual tenants, e.g., enclosed pedestrian concourses in shopping malls.

[Bill No. 26-1988]

GROUP CHILD CARE CENTER — A building or structure wherein care, protection and supervision is provided for part or all of a day, on a regular schedule, at least twice a week to at least nine children, including children of the adult provider (see Section 424).

[Bill Nos. 47-1985; 7-1991]

GROUP CHILD CARE CENTER, CLASS A — A group child care center wherein group child care is provided for no more than 12 children at one time.

[Bill No. 47-1985]

GROUP CHILD CARE CENTER, CLASS B — A group child care center wherein group child care is provided for more than 12 children.

[Bill No. 47-1985]

GROUP HOUSE — A group of not less than three attached dwelling units which have been constructed together in a lateral row surrounded by yard space, each dwelling unit separated from another by a party wall. Group houses include townhouse apartment buildings, group-house apartment buildings, back-to-back group houses and other groups of at least three attached dwellings. A group house does not include a duplex or semidetached dwelling. A single-family group house refers to any one dwelling within the attached group.

[Bill Nos. 102-1970; 2-1992; 6-23 ]

GROUP HOUSE, BACK-TO-BACK — A group house which is attached to two or more other dwelling units by a side and rear party wall.

[Bill Nos. 2-1992; 6-23 ]

HEALTH CARE AND SURGERY CENTER — One or more buildings at which comprehensive health-care services are provided through persons or entities licensed under either the Health General or Health Occupations Article of the Annotated Code of Maryland.

[Bill No. 37-2015]

HELICOPTER — Any rotary-wing aircraft which depends principally for its support and motion in the air on the lift generated by one or more power-driven rotors rotating on substantially vertical axes.

[Bill No. 85-1967]

HELICOPTER OPERATION — A landing and takeoff by a helicopter.

[Bill No. 85-1967]

HELIPORT, TYPE I — Any area of land, water or structural surface which meets the design standards of the Federal Aviation Agency and has been authorized by the Maryland Aviation Administration to be used for scheduled operations by helicopter carriers certified by the Civil Aeronautics Board.

[Bill No. 85-1967]

HELIPORT, TYPE II — Any area of land, water or structural surface which has been authorized by the Maryland Aviation Administration to be used for nonscheduled but regular helicopter operations and which does not serve for major support operations. As used herein, the term "major support operations" means "maintenance other than fueling; cargo loading; or any accessory operations using 2,500 square feet or more of floor area."

[Bill No. 85-1967]

HELISTOP — Any area of land, water or structural surface which is located at least 500 feet from any property line, which has been authorized by the Director of Public Safety ^[21] to be used for helicopter operations, which is not a heliport, and which does not serve for major support operations (see definition for "heliport, Type II"); or any area of land, water or structural surface which is located closer than 500 feet to a property line, which has been authorized by the Director of Public Safety ^[22] to be used for not more than 15 helicopter operations per month, which is not a heliport, and which does not serve for major support operations.

[Bill No. 85-1967]

HEREAFTER — After the effective date of the provision (in which the word occurs).

[Bill No. 98-1975]

HOME OCCUPATION — Any use conducted entirely within a dwelling which is incidental to the main use of the building for dwelling purposes and does not have any exterior evidence, other than a permitted sign, as stated in Section 450.4, to indicate that the building is being utilized for any purpose other than that of a dwelling; and in connection with which no commodity is kept for sale on the premises, not more than one person per dwelling is employed on the premises other than domestic servants or members of the immediate family, and no mechanical equipment, other than computers, printers, fax machines, modems, standard office copy machines and similar office equipment, is used except such as may be used for domestic purposes. A "home occupation" does not include fortune-telling.

[Bill Nos. 124-1978; 27-1981; 68-1998]

HOOKAH LOUNGE — Any facility, establishment, or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah, waterpipe, shisha or nareghile), including but not limited to establishments known variously as hookah bars, hookah lounges or hookah cafes.

[Bill Nos. 16-2014; 99-24]

HOSPITAL — An institution which is licensed as a hospital by the state and which receives inpatients and provides medical, surgical, psychiatric or obstetrical care. This term includes any health-related facilities which are established in connection with a hospital and are located on the same site as the hospital. Such health-related facilities shall include, but not be limited to, diagnostic facilities, rehabilitation centers, laboratories, training facilities, outpatient care facilities, facilities for chronic or convalescent care and elderly housing facilities.

[Bill No. 37-1988] ^[23]

HOT ROLLING MILL — A metal manufacturing and processing facility where metals or metal alloys are heated and rolled to produce a metal or metal alloy product in coil form. The heating facilities and furnaces used are capable of producing temperatures in excess of 500 degrees Celsius.

[Bill No. 21-2018]

HOTEL OR MOTEL — A building or group of buildings containing guest rooms or units, where, for compensation, lodging is provided on a daily, weekly or similar short-term basis. A hotel or motel shall be deemed to include any establishment which provides residential living accommodations on a short-term basis such as an apartment hotel. A hotel or motel may contain restaurants, meeting rooms, recreation facilities, lounges, retail shops and personal services as ancillary uses.

[Bill No. 82-1984 ^[24]]

HOUSING FOR THE ELDERLY

A.

CLASS A — A building, a section of a building or a group of buildings that contains dwellings where the occupancy of the dwellings is restricted to persons 55 years of age or older or to couples where either spouse or domestic partner is 55 years of age or older as limited in Section 259.18 of these regulations, and to any person, regardless of age, who has a physical or developmental disability. Class A housing for the elderly is constructed under the applicable provisions of a federal or state housing or tax act.

B.

CLASS B — A building, a section of a building or a group of buildings that contains dwellings where the occupancy of the dwellings is restricted to persons 55 years of age or older or to couples where either spouse or domestic partner is 55 years of age or older as limited in Section 259.18 of these regulations, and to any person, regardless of age, who has a physical or developmental disability. Class B housing for the elderly is not constructed under the provisions of a federal or state housing or tax act.

[Bill Nos. 36-1988; 39-24]

INDIGENOUS CROPS — Produce which can be grown in the area under natural conditions, without the help of controlled-environment structures.

[Bill No. 41-1992]

INDOOR SHOOTING RANGE — An enclosed facility designed for the shooting of firearms for commercial, recreational, or training purposes. An indoor shooting range may include the retail sale of firearms and firearms-related equipment, an area designated for physical training, a standard restaurant, or an area designated for firearm-related educational purposes.

[Bill No. 71-2017]

INDUSTRIAL PARK, PLANNED — An integral industrial development for which an overall plan has been approved by the Department of Planning and which is under common ownership or control.

[Bill Nos. 40-1968; 55-2011]

INDUSTRIAL, QUASI-INDUSTRIAL OR INDUSTRY-RELATED USE — Any use listed in Section 253.1.A other than Item 34; any use listed in Section 253.1.B, 253.2.A or 256.1.A.2; any manufacturing use not listed in those provisions; or any use accessory to one of those uses.

[Bill No. 178-1979]

INDUSTRIAL SERVICE ROAD, PUBLIC — A motorway that is owned or maintained by the county, state or federal government and:

A.

That was designed for the primary or exclusive use of trucks or other vehicles traveling to or from industrial uses, or that was not originally designed for that use but, because of its relation to industrial properties, is suitable for that use; and

B.

Has been officially designated as a public industrial service road by the Director of Public Works and Transportation ^[25] in conformance with the criteria stated above. (Such a designation may be appealed to the Board of Appeals, as provided under Section 602 of the Baltimore County Charter, as amended.)

[Bill Nos. 218-1980; 33-2021]

INFECTIOUS WASTE — Any waste material or substance which is known or suspected to be contaminated with organisms capable of producing disease in humans, and as further defined in the Section 9-227 of the Environment Article of the Annotated Code of Maryland.

[Bill Nos. 87-1987; 137-2004]

INFECTIOUS WASTE INCINERATOR — An enclosed device or contrivance using controlled flame combustion or heat for the thermal destruction of infectious waste or other refuse.

[Bill No. 87-1987]

INOPERATIVE MOTOR VEHICLE — Any motor vehicle that cannot be operated in its existing condition because the parts necessary for operation, including but not limited to tires, windshield, engine, drive train, driver's seat, steering wheel or column, or gas or brake pedals, are removed, destroyed, damaged or deteriorated.

[Bill No. 135-1986]

INTERIOR DESIGN STUDIO — An interior design studio constitutes an office use where an interior designer may have a studio/showroom that is designed to allow clients to experience a live space for their design projects that is complete with furnishings, fabrics and finishes, which allows clients to make an informed decision about their projects. notwithstanding any provision to the contrary, the sale of such furnishings, fabrics and finishes may be permitted as an accessory use to the office use for up to 50 percent of the overall office space.

[Bill No. 21-23]

JET-PROPELLED SKIS — A type of watercraft which consists of self-propelled water skis designed to accommodate one or two riders. For the purpose of these regulations, jet-propelled skis shall not be considered boats or recreational vehicles.

[Bill No. 54-1993]

JUNKYARD — Any land used commercially or industrially for storage or for sale of scrap metal, wastepaper, rags or other junk, and any land, except as provided for by Section 428, used for the storage of unlicensed or inoperative motor vehicles, dismantling or storage of such vehicles or parts thereof, or used machinery, regardless of whether repair or any other type of commercial operation occurs, but excluding scrap for use in manufacturing processes on the premises or waste materials resulting from such processes or resulting from the construction or elimination of facilities for such processes. The term does not include unlicensed motor vehicles located at automotive service stations, service garages or new or used motor vehicle outdoor sales areas, or any vehicle stored pursuant to Section 405A.

[Bill No. 135-1986] ^[26]

LABORATORY — A building or group of buildings used primarily for applied and development research where the product-testing process is a major function of the operation, but where the operation does not involve any mass manufacturing.

[Bill No. 76-1964]

LANDSCAPE SERVICE OPERATION — An operation primarily engaged in the designing, installing, planting or maintaining of lawns, gardens or other plantings at off-site commercial or residential uses.

[Bill No. 41-1992]

LIQUEFIED NATURAL GAS FACILITY — A natural gas facility located onshore or in state waters that is used to receive, unload, load, store, transport, gasify, regasify, liquefy, or process natural gas that is imported to the United States from a foreign country, exported to a foreign country from the United States, or transported in interstate commerce by a waterborne vessel.

[Bill No. 9-2007]

LIVE MUSICAL ENTERTAINMENT — Any music playing pursuant to a live musical entertainment use permit as an accessory use to a principal use involving a recorded or live performance or delivery of music by one or more persons at a business or other commercial venue that receives in the previous 30 days more than 50 percent of its gross revenue prior to 9:00 p.m. Live musical entertainment may include but not be limited to a musical ensemble, solo performers, the presentation of music played on sound equipment operated by an owner, employee, agent, or contractor of a venue commonly known as a "disc jockey" or "DJ," and karaoke. Live musical entertainment may also include music that solely or primarily uses instruments that produce sound through acoustic means or with electric or electronic enhancement.

[Bill Nos. 44-2019; 18-2021]

[Bill No. 44-2019]

LOCALLY GROWN PRODUCE — Crops which have been produced in Baltimore County or its immediate vicinity. The following areas shall be considered as immediate vicinity: Maryland, Pennsylvania, West Virginia and Delaware.

[Bill No. 41-1992]

LOT, CORNER — A lot abutting on and at the intersection of two or more streets.

LOT DEPTH — The mean horizontal distance between the front and rear lot lines.

LOT, INTERIOR — A lot other than a corner or through lot.

LOT OF RECORD — A parcel of land with boundaries as recorded in the land records of Baltimore County on the same date as the effective date of the zoning regulation which governs the use, subdivision or other condition thereof.

[Bill No. 100-1970]

LOT, THROUGH — A lot having its front and rear yards each abutting on a street.

MARINA — A modern boat basin, restricted to recreational marine craft of all types, with facilities for one or more of the following: berthing, launching and securing such craft, and permitting incidental minimum provision for refueling and emergency servicing, as well as the incidental sale of boats and also land (out-of-water) storage as provided in Section 417.7.

[Bill Nos. 64-1963; 149-1992] ^[27]

MEDICAL CLINIC — The term includes outpatient ambulatory care centers or surgical facilities, diagnostic centers, birthing centers, behavioral health centers, and kidney dialysis centers or satellite units. The term does not include state licensed medical clinics, medical offices, or hospitals as defined in these regulations.

[Bill Nos. 14-2015; 15-23]

MEDICAL OFFICE — A place for the treatment of outpatients by one or more medical practitioners. This term does not include a veterinarian's office, medical clinic, ambulatory care center, diagnostic center, birthing center or dialysis satellite unit. The term does not include ambulatory surgical facilities.

[Bill No. 37-1988]

MEDICAL PRACTITIONER

[Bill Nos. 37-1988; 29-1998; 9-1999]:

A.

A physician, dentist, optometrist, chiropractor, podiatrist, psychologist, physical therapist, nurse, massage therapist as defined by § 24-441 of the Baltimore County Code or other similar health professional licensed by the state. ^[28]

B.

A physician, dentist, optometrist, chiropractor, podiatrist, psychologist, physical therapist, nurse, massage therapist or other similar health professional licensed or certified by the state. ^[29]

MINOR AUTOMOTIVE SERVICE — A service use performed on motor driven vehicles within a building that consists of the following activities only: a) window tinting; b) stereo, alarm, and accessory installation; c) interior and exterior detailing and cleaning by hand, with or without the use of hand-held equipment; or d) ceramic paint protection applied by hand, with or without the use of hand-held equipment. Service garage uses as set forth in these regulations are not permitted as part of minor automotive service.

[Bill No. 69-2020]

MIXED-USE DEVELOPMENT — A development that incorporates two or more uses within the same site development plan. The uses may be in the same building or across multiple buildings in the same site development plan. A mixed-use development may consist of one or more parcels under different or common ownership or control and may be subject to one or more development plans. A mixed-use development combines residential functions with commercial, business, or retail uses, but may also encompass cultural and institutional uses as well as public amenities and may be characterized as walkable and pedestrian-friendly, offering residents opportunities to live, work, and shop in a single neighborhood.

[Bill No. 9-24]

MOBILE HOME — A dwelling structure used for human habitation that is built or constructed on a steel chassis and fitted with wheels, with or without motive power, then moved to a location or place that may be a temporary or permanent site. A mobile home shall still be regarded as such even though its mobility may have been eliminated by removing its wheels, or otherwise, and placing it on a stable foundation or rigid supports. Recreational vehicles, as defined herein, are excepted from this definition.

[Bill No. 27-2015 ^[30]]

MOBILE HOME PARK — A tract of land specifically planned and equipped to accommodate mobile homes for temporary or continuing occupancy, including all buildings, structures, tents, vehicles, utilities and accessories used or intended as equipment for such mobile home park, and shall include any tract previously approved as a trailer park.

[Bill No. 27-2015]

MULTIFAMILY BUILDING — A structure containing three or more apartments. A multifamily building includes garden and other apartment buildings.

[Bill No. 2-1992] ^[31]

MUSEUM — A building or buildings serving as a repository for a collection of natural, scientific, historic, artistic, or literary objects designed to be viewed by members of the public, which collection has an appraised value in excess of $20,000,000.00. The following activities are included in the definition of a museum: acquisition, conservation, documentation, study, exhibition, and educational interpretation of such objects.

[Bill No. 6-2008]

NANOBREWERY — An establishment that produces and bottles, on site, no more than 3,000 barrels of malt beverages annually for self-distribution, and no more than 500 barrels annually for on-site consumption.

[Bill No. 19-2015]

NATURAL BURIAL GROUND — A property intended for use for the burial or permanent disposition of the remains of the dead, utilizing natural burial methods and biodegradable materials that permit the body to return naturally to the earth.

[Bill No. 76-2021]

NEIGHBORHOOD CAR RENTAL AGENCY — The principal use of land for the rental of motor vehicles weighing 7,000 pounds (GVW) or less, including the parking of no more than 25 such vehicles on the premises. The term does not include a business that rents or leases motor vehicles as an accessory use, or rents or leases trailers, or trucks weighing over 7,000 pounds (GVW), or supplies limousines for hire, or that is a taxicab service. (See also "garage, service.")

[Bill No. 122-2005]

NIGHTCLUB — A commercial establishment with or without the right to serve food, beverages, or alcoholic beverages to patrons for on premise consumption, that derives its main revenue source between the hours of 9:00 p.m. to 2:00 a.m. as primarily an entertainment venue, provides live or recorded entertainment, with or without a dance floor, and often having a floor show or dim lighting. A commercial establishment is not a nightclub if live or recorded musical entertainment is played or performed pursuant to a live musical entertainment use permit. For the purposes of enforcement and as may be determined by the authority having jurisdiction, a nightclub may be defined differently by the county fire prevention code or building code, as amended and adopted by the county.

[Bill Nos. 110-1993; 18-2021]

NODE—A node is a place type and means the same as the term is defined in Master Plan 2030, as amended.

[Bill No. 9-24]

NONCONFORMING USE — A legal use that does not conform to a use regulation for the zone in which it is located or to a special regulation applicable to such a use. A specifically named use described by the adjective "nonconforming" is a nonconforming use.

[Bill No. 18-1976]

NONINDUSTRIAL USE — Any use other than an industrial, quasi-industrial or industry-related use.

[Bill No. 178-1979]

NUDITY — A state of dress in which a human buttock, anus, genitalia or female breast is completely bared.

[Bill No. 137-1990]

NUDITY, PARTIAL — A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

[Bill No. 137-1990]

NURSERY, HORTICULTURAL — An agricultural operation primarily engaged in the production and marketing of trees, shrubs and plants. The plant materials may be produced on the premises and may be purchased elsewhere at any stage of maturity for further production. Horticultural nurseries may engage in accessory uses such as storage of plant materials, sale of products necessary for the health of the nursery stock, and provision of limited landscape services. A nursery which sells plant materials grown exclusively on-site and which does not offer any of the accessory services permitted at horticultural nurseries shall be considered a farm.

[Bill No. 41-1992]

NURSERY SCHOOL — A school or a level within a school providing educational instruction for children between two and four years old.

[Bill No. 47-1985]

NURSING HOME (formerly "convalescent home") — A facility which provides board, shelter and nursing care to chronic or convalescent patients. This term also includes facilities which provide domiciliary care within a nursing home.

[Bill No. 37-1988]

OFFICE — A building or portion of a building used for conducting the affairs of a business, profession, service, industry or government, including a medical office. The term "office" does not include a bank, a post office, a veterinarian's office or an establishment where merchandise is stored on or sold from the premises.

[Bill Nos. 13-1980; 167-1980; 37-1988; 186-1994]

OFFICE BUILDING, CLASS A — A principal building that was originally constructed as a one-family or two-family detached dwelling and that is converted by proper permit to office use without any external enlargement for the purpose of creating the office space or otherwise accommodating the office use. For the purposes of this definition, enclosure of a porch of a house or the addition of an exterior stairway at the side or rear of the building does not constitute external enlargement.

[Bill Nos. 13-1980; 170-1991]

OFFICE BUILDING, CLASS B — A principal building used for offices and which is not a Class A office building.

[Bill Nos. 151-1988; 186-1994]

ON-FARM COMPOSTING FACILITY — A facility that is located on a farm where the controlled process of aerobic biological decomposition of organic waste material takes place in accordance with Section 404.5 of these regulations and COMAR Title 26, Subtitle 4, Chapter 11. An on-farm composting facility is not a rubble landfill, a sanitary landfill, or an open dump.

[Bill No. 73-22]

OPEN DUMP — Any land publicly or privately owned, other than a sanitary landfill, on which there is deposit and accumulation, either temporary or permanent, of any kind of organic or inorganic refuse, including but not limited to waste materials, waste products, wastepaper, garbage, empty cans, broken glass, rags and all other kinds of organic or inorganic refuse, but excluding scrap for use in manufacturing processes on the premises, or waste materials resulting from such processes, or resulting from the construction or elimination of facilities for such processes.

[Bill No. 140-1962]

OPEN SPACE, COMMON — Local open space, public parks or other parklike open space reserved for the public use and enjoyment, whether privately owned or owned by the county, state or federal government or other agencies. Space that lies within the boundaries of an area designated as common open space and is devoted to such recreational facilities as are customarily found in public parks is considered part of the common open space. Amenity open space (as defined elsewhere in this section) is not common open space unless it is so designated by the developer of the tract on which the space is located. Upon the adoption of appropriate standards pursuant to the authority of Section 504, nontidal streams and lakes and other nontidal watercourses or bodies of water lying within, lying partially within or abutting common-open-space land areas are to be considered part of the common open space to the extent permitted under those standards. Storm-drainage-reservation strips and floodplains may be designated common open space, but fenced portions of stormwater management facilities do not constitute common open space.

[Bill Nos. 98-1975; 62-1978; 167-1980]

OPEN SPACE TRACT, LOCAL — Land provided in residential subdivisions and necessary and desirable for the local recreational needs of residents of such subdivisions for such recreation types of spaces as play lots, local play areas, small parks, stream valley parks, natural woods, areas of unusual natural scenic beauty, recreational walkways and pathways and special street center islands, but the term "local open space tract" shall not include the larger open space park and playfield areas of the type which serve larger than local need and which are incorporated in the master plan.

[Bill No. 106-1963]

OR — The word "or" shall mean "and/or" unless modified by use of the word "either" or unless the context otherwise clearly indicates another meaning.

[Bill No. 111-1968]

OUT-OF-WATER STORAGE FACILITY, CLASS A — A cradle, block or berth for the land storage of one or more recreational boats, which does not provide for the vertical stacking of such vessels.

[Bill No. 149-1992]

OUT-OF-WATER STORAGE FACILITY, CLASS B — Cradles or berths for the land storage of boats, other water craft, or trailers therefor, that allow water craft or trailers to be stored on multilevel racks. A Class B out-of-water storage facility shall be considered a structure whether it is fully or partially enclosed or open.

[Bill Nos 149-1992; 68-2012]

PANHANDLE DRIVEWAY — The paved roadway which is located within the in-fee strip area, easement area, or other legal instrument granting access, of one or more abutting panhandle lots and provides vehicular access to the local street or to a collector street. A "use in common" agreement is established if the panhandle driveway serves two or more abutting panhandle lots.

[Bill Nos. 172-1989; 126-2020]

PANHANDLE LOT — A lot so shaped and situated that its only frontage or access to the local or collector street is a narrow in-fee strip of land, easement, or other legal instrument granting access, which contains a driveway and may contain water and sewer lines and other utilities.

[Bill Nos. 172-1989; 126-2020]

PARKING BAY ON A STREET — See Parking Space, Off-Street.

[Bill No. 26-1988]

PARKING SPACE, OFF-STREET — A parking space of such dimensions as may be prescribed by these Zoning Regulations and located on a lot or in a parking bay on a street. As used in this definition, a "parking bay on a street" is a length of paving which is laid out next to and along the paved traveled way of a street and which serves as a parking facility for a residential use; it is not a parking lane.

[Bill No. 26-1988]

PAWNSHOP — A business which loans money on deposits of personal property, other than securities or printed evidences of indebtedness, or deals in the purchase or possession of personal property on condition of selling the same back to the pledgor or depositor. A pawnshop is licensed by the state as a dealer and defined by the state as a pawnbroker. For the purposes of these regulations, a business operated by a dealer who loans money on deposits of secondhand precious metals and gems only shall not be considered a pawnshop, provided the dealer does not loan money on deposits of any other kind of personal property.

[Bill Nos. 14-1995; 112-1995]

PET SHOP — A store for the sale of dogs, cats, birds, tropical fish and/or other domesticated pets, and related supplies and equipment.

[Bill No. 85-1967]

PLASTICS RECYCLING FACILITY—A facility, including multiple buildings and other structures, that sorts and processes recycled plastics and produces high-quality recycled plastic products, including 100 percent post-consumer: (i) polyethylene terephthalate ("PET") flake and pellets; (ii) polypropylene ("PP") flake and pellets; and (iii) polyethylene ("PE") flake and pellets, ready for use in consumer packaging.

[Bill No. 88-23]

PRIME AND PRODUCTIVE SOILS — Soil types defined in the USDA soil survey of Baltimore County issued March 1976, and as updated, as agricultural capability Class I, II or III.

[Bill No. 113-1992]

PRINCIPAL ARTERIAL — A motorway, or portion thereof which:

A.

Is or is intended for travel to or from major activity centers; and

B.

Which is designated as such on the most recently approved federal highway functional classification map for the Baltimore urbanized area.

[Bill No. 151-1988]

PRINCIPAL USE — A main use of land, as distinguished from an accessory use.

[Bill No. 100-1970]

PRIVATE KENNEL — Any building, structure, or land, or any portion thereof, including a dwelling, that is used, intended to be used, or arranged for the housing of more than three dogs, not including puppies less than four months old, for the purposes of show, hunting, practice tracking, field or obedience trials, or as pets. A private kennel does not include a pet shop or dogs accessory to a farm use.

[Bill No. 87-2001]

PRODUCE STAND — An accessory structure or a vehicle temporarily placed on a farm property for the sale of indigenous produce, all of which has been grown or produced on that property or on adjacent land, or on properties farmed by the same agricultural producer.

[Bill No. 41-1992]

PURPOSE BUILT STUDENT HOUSING — A building that:

A.

Is designed and marketed to be used for the primary purpose of housing students, both undergraduate and graduate, resident counselors or advisors;

B.

Is not located on the campus of a specific institution;

C.

Is privately owned or owned by the institution;

D.

Consists of three or more units and charges rent or living expenses on a per bed basis;

E.

Has a management plan that addresses security, parking, transportation, and code of conduct; and

F.

Complies with the supplemental regulations as set forth in Section 441.

[Bill No. 61-2021]

RADIO OPERATOR ANTENNA — A wireless antenna used in conjunction with radio transmitting and receiving facilities used by a resident amateur radio operator possessing an amateur radio operator's license issued by the Federal Communications Commission.

[Bill No. 30-1998]

RAIL PASSENGER STATION — A facility designed as a place for boarding and alighting from rail passenger vehicles. A rail passenger station may include such facilities as bus bays, parking areas or taxicab stands as accessory uses.

[Bill No. 91-1990]

RECORD LOT — A lot or parcel of land that has been created in accordance with the provisions of Article 32, Title 4, Subtitle 2 of the Baltimore County Code and recorded among the land records of Baltimore County on or before the effective date of these regulations.

[Bill Nos. 98-1975; 137-2004]

RECREATIONAL VEHICLE AND BOAT — A vehicular type unit which is primarily designed for recreation, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle which, except for a boat kept in water, is not more than 35 feet in length and which, in general, is of such size and weight as not to require special highway movement permits when driven or drawn by a passenger automobile or pickup truck. The following shall be considered recreational vehicles:

[Bill No. 54-1993]

A.

BOAT — A recreational boat with or without a trailer. If in combination with a trailer, a boat is normally towed by a vehicle.

[Bill Nos. 29-1974; 54-1993]

B.

CAMPING TRAILER — A vehicular portable unit mounted on wheels and constructed with collapsible side walls which fold down for towing by another vehicle and unfold at campsite to provide temporary living quarters.

C.

FIFTH-WHEEL TRAILER — A vehicular portable unit mounted on wheels, designed and constructed to be towed by a passenger automobile or pickup truck fitted with a fifth-wheel hitch.

D.

MOTOR HOME — A vehicular unit built on a self-propelled motor vehicle chassis.

E.

TRAVEL TRAILER — A vehicular portable unit mounted on wheels, designed to be towed by a passenger automobile or pickup truck.

F.

TRUCK CAMPER — A portable unit designed to be loaded onto, or affixed to, the bed or chassis of a truck or automobile.

RECREATIONAL VEHICLE PARKING LOT — A lot of real property, with or without structures, for parking or storage of operable recreational vehicles.

[Bill No. 102-2006]

RESEARCH INSTITUTE — A building or group of buildings used primarily for basic and applied research wherein the scientific inquiry process is conducted in a manner similar to that of institutions of higher learning and where all parts of the operation involving the development research process, e.g., product testing, are incidental to the above.

[Bill No. 76-1964]

RESEARCH PARK — A building or group of buildings:

[Bill Nos. 112-1999; 119-2006]

A.

Situated in an integrated park setting on, within, contiguous or adjacent to and affiliated with an institution of higher education as defined in Section 10-101 of the Education Article of the Annotated Code of Maryland;

B.

Located in an O.T. Zone; and

C.

Used for:

1.

Computer and data processing services;

2.

Laboratories;

3.

The manufacture, assembly, service or repair of any product listed in Section 209.3.A.7;

4.

Offices;

5.

Research institutes;

6.

Warehouses in combination with and physically attached to any of the above uses, if the warehouse accounts for no more than 30 percent of the total gross floor area;

7.

Television studio;

8.

Supporting infrastructure for any of the above uses; or

9.

Any combination of such uses.

RESIDENTIAL ART SALON — A portion of a dwelling unit used for the exhibition and sale of original works of art. For the purposes of these regulations, an "original work of art" shall include a numbered reproduction from a series of no more than 50, which reproduction is individually signed by the artist. A "residential art salon" does not include a photographic studio, a tattoo or body piercing establishment, or any place where an indelible mark or figure is placed on a person by needle insertion of pigment under the skin or where the skin is pierced for the purpose of inserting an object.

[Bill Nos. 85-1967; 32-1978; 76-1997]

RESIDENTIAL ZONE — A zone classified as R.C., D.R., R.O., R-O-A or R.A.E. "Zoned for residential purposes"; within a residential zone.

[Bill Nos. 98-1975; 170-1991; 149-2004]

RESTAURANT, CARRY-OUT — An establishment whose principal business is the sale of ready-to-consume food and beverages to customers who order their food and beverages over the counter, by telephone or by fax machine and whose principal characteristic is that food and beverages are consumed off the premises.

[Bill No. 110-1993]

RESTAURANT, FAST-FOOD — An establishment whose principal business is to sell ready-to-consume food and beverages in disposable containers and which is not a drive-in restaurant. A fast-food restaurant has some or all of the following characteristics:

A.

Prepackaged frozen, chilled or sealed food and meals are cooked in advance for immediate sale.

B.

Food and beverages are ordered over the counter or by motorists from within their vehicles.

C.

Food and beverages are consumed on the premises of the restaurant or within a motor vehicle on or off the premises.

[Bill No. 110-1993]

RESTAURANT, FAST-FOOD, DRIVE-THROUGH ONLY — A fast-food restaurant, as defined in Section 101, except that no customer seating is provided inside the restaurant. Food and beverages are ordered by motorists from a drive-through lane or from a walk-up window on the outside of the building or within a vestibule. Orders are primarily consumed off the premises, but restaurants may provide seating at tables outside the building on the premises.

[Bill No. 110-1993]

RESTAURANT, STANDARD — A facility or part of a facility used primarily for serving meals and beverages to persons seated at tables on the premises of the establishment. The term includes cafes, cafeterias, tearooms and outdoor cafes. The term does not include a catering hall. A standard restaurant may offer a carry-out service, provided that such service is accessory to the principal restaurant operations. A standard restaurant may include a Class 6 brewery as an accessory use.

[Bill Nos. 110-1993; 185-1995]

RESTRICTED PARKING SPACE — A parking space in any parking facility which is designated by the owner or operator of the parking facility as being reserved or restricted for the exclusive use of any person or class of persons at all times or during any designated time periods and is clearly identified by a sign, located on an immediately adjacent wall or post, or by painting on the immediately adjacent wall or on the pavement within the parking space.

[Bill No. 26-1988]

RIDESHARING — A form of transportation wherein shared rides are prearranged for people traveling at similar times from approximately the same origin to approximately the same destination. This term includes carpools, vanpools or similar arrangements where more than one person occupies a vehicle for the length of a trip.

[Bill No. 26-1988]

RIDING STABLE — A building where riding horses are boarded or kept for hire. ^[32]

RUBBLE — Building demolition debris, tree stumps and other land clearing debris, solidified road paving debris and other similar wastes authorized by the approving authority. Rubble does not include garbage, friable asbestos, refractory brick, liquid petroleum products, hazardous materials (as defined in Section 7-101 of the Environment Article of the Annotated Code of Maryland) or free liquid.

[Bill Nos. 97-1987; 137-2004]

RUBBLE LANDFILL — Rubble landfill means a system of rubble disposal or land reclamation for public or private use for which a permit has been issued if required.

[Bill No. 97-1987]

RURAL CLUSTER DEVELOPMENT — A form of residential subdivision for use in an R.C.4 Zone in which the permitted density for an entire tract is located only on a designated portion of the tract in order to preserve significant natural, scenic or historic features.

[Bill No. 113-1992]

SANITARY LANDFILL — A planned and systematic method of disposal for garbage and other wastes whereby such waste material is placed so that it is thoroughly compacted and covered at the end of each day's operation with such depth and consisting of such types of materials as are acceptable to the Baltimore County Departments of Health and Public Works and Transportation and the Maryland State Department of Health. When the fill is completed, a covering of such depth and consisting of such types of materials as are acceptable to the aforesaid county and state departments shall be provided.

[Bill Nos. 145-1962; 33-2021]

SATELLITE RECEIVING DISH — A device used or designed to receive electromagnetic signals from earth-orbiting satellites and other extraterrestrial sources and is external to or is attached to the ground or the exterior of any building. The term "satellite receiving dish" includes satellite earth station, satellite television antenna, satellite dish antenna or any other device designed to receive signals from satellites in the manner described above. For the purposes of these regulations, accessory satellite receiving dishes shall not be considered wireless telecommunications antennas or radio operator antennas.

[Bill Nos. 71-1987; 30-1998]

SAWMILL OPERATION — The process whereby sawlogs are debarked and sawn into dimension lumber. Such operations include, but are not limited to, forestry and logging operations, harvesting, extracting, transporting, processing, yarding, drying, finishing, marketing and shipping of dimension lumber or ancillary products such as firewood, slabs, edging and trim, sawdust, mulch and chips.

[Bill No. 151-1992]

SCRAP METAL PROCESSING FACILITY — An establishment that is engaged primarily in the purchase, typically by weight, of ferrous or nonferrous scrap for processing by the use of a shredder affixed to the property, powered by electricity with a minimum capacity of 3,000 kva distributed by a public utility, the output of which is shipped as raw material to be used for melting purposes by steel mills, foundries, smelters, refiners, and similar users.

[Bill No. 35-2015]

SECONDHAND STORE — A retail or consignment establishment that sells items that have previously been worn or used by others, but not including an antique shop, flea market or pawn

shop.

[Bill No. 102-2005]

SECURITY GUARD BOOTH — An accessory structure that protects users from the weather while waiting for visitors, employees, members, deliveries and other individuals who are visiting a property.

[Bill No. 48-2019]

SENIOR HOUSING FACILITY — A building, a section of a building or a group of buildings that contains dwellings that restrict occupancy to persons 55 years of age or older or to couples if either spouse or domestic partner is 55 years of age or older. The term includes a continuing-care facility or a nursing home or housing for the elderly as limited in Section 259.18 of these regulations, except as permitted in Section 259.18, the term does not include a single-family dwelling or a townhouse.

[Bill Nos. 19-2004; 130-2005; 39-24]

SETBACK — The required minimum horizontal distance between the building line (as defined in Section 101) and the related front, side or rear property line.

[Bill No. 138-1962]

SEWAGE SLUDGE COMPOSTING — Sewage sludge composting is defined as a process wherein material is produced by subjecting a mixture of sewage sludge and a bulking agent, such as wood chips, to aerobic decomposition in a manner so as to destroy primary pathogenic and malodorous components.

[Bill No. 46-1982]

SEWERAGE SYSTEM, PUBLIC — A sewerage system which is operated by the county or a public agency of metropolitan or regional jurisdiction and which is owned by or meets design and performance standards whereby it is eligible for ownership by the county or such agency, whether or not it is part of or connected with the physical facilities of the metropolitan or regional sewerage system.

[Bill No. 100-1970]

SHOPPING CENTER — A group of three or more commercial uses which: (a) are designed as a single commercial group; (b) are under common ownership or control; (c) are connected by party walls, partitions, canopies or other structural members to form one continuous structure or, if located in separate buildings, are interconnected by walkways designed to facilitate customer interchange between the uses; (d) share a common parking area; and (e) otherwise present the appearance of one continuous commercial area. This term shall not include a "shopping center, planned" as defined in this section. A grouping of predominantly nonretail uses which meet the criteria specified in (a) through (e) herein shall not be deemed a shopping center.

[Bill No. 26-1988]

SHOPPING CENTER, PLANNED — An integral retail shopping development for which an overall plan has been approved by the Department of Planning and which: is under common ownership or control; has a site at least three acres in net area; has vehicular access to physically separate buildings on the site by means of interior service drives or ways; and has no more than two points of vehicular access from the site to public streets except as follows:

[Bill Nos. 40-1967; 55-2011]

A.

A planned shopping center may have one additional vehicular access point to a public street for each 250 feet of street frontage thereon in excess of 500 feet; and

B.

A planned shopping center may have a greater number of vehicular access points than as defined above if an overall plan for such center has been approved by the Department of Planning before the adoption of this definition, provided that the number of vehicular access points is not further increased after the adoption of this definition. ^[33]

SHOPPING CENTER, REGIONAL OUTLET — A shopping center which predominantly contains manufacturers' and retailers' outlet stores selling brand-name merchandise at a discount; is situated on a site of at least 45 acres in net area; and is located adjacent to Interstate 95.

[Bill No. 53-2015]

SIGN — For the definition of "sign" and all related terms, see Section 450.

[Bill No. 89-1997 ^[34]]

SLUDGE — The accumulated settled solids, deposited from sewage or nonhazardous industrial wastewater in any wastewater treatment facility tank or basin, which have been stabilized.

[Bill No. 46-1982]

A.

SLUDGE — CO-LANDFILLING — Co-landfilling is defined as the mixing and compacting of sludge with solid waste as part of a normal sanitary landfill operation.

[Bill No. 46-1982]

B.

SLUDGE — HANDLING IN GENERAL — Handling in general is defined as any manner in which sewage sludge is handled, utilized and managed or stored on land other than by incineration, composting, co-landfilling and land spreading.

[Bill No. 46-1982]

C.

SLUDGE — INCINERATION — Incineration is defined as the combustion of sewage sludge in a closed system with adequate control to yield a nonputrescible ash and an air effluent of a quality permissible by law.

[Bill No. 46-1982]

D.

SLUDGE — LANDSPREADING — Landspreading is defined as the spreading of sewage sludge or wastewater solids on the soil surface or incorporation, including injection of such material into the root zone or soil profile.

[Bill No. 46-1982]

E.

SLUDGE — SURFACE IMPOUNDMENT — A facility or part of a facility which is a natural topographical depression, man-made excavation or diked area formed primarily of earthen materials (although it may be lined with man-made materials) which is designed to hold an accumulation of solid waste in semisolid or liquid form. Examples of surface impoundments are holding, storage settling and aeration pits, ponds and lagoons.

[Bill No. 46-1982]

SLUDGE DISPOSAL FACILITY — Any facility used to contain, store, utilize or dispose of stabilized sludge, including a surface impoundment, a site used for incineration, co-landfiling, land spreading or composting of stabilized sludge.

[Bill No. 46-1982]

STABILIZED SLUDGE — The sludge that has been treated by a process to reduce putrescibility, significantly reduce pathogenic organisms and, except for lime stabilization, reduce the volatile solids content.

[Bill No. 46-1982]

STORY — That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story or if it is used for business or dwelling purposes.

STREET — A motorway which is not a freeway or expressway but which has a right-of-way more than 20 feet in width.

[Bill No. 100-1970]

Note— Public roads only per WCR.

STREET LINE — A line which divides the right-of-way of a street from other property; a street right-of-way line.

[Bill No. 111-1958]

Note— Public roads only per WCR.

STRIPTEASE BUSINESS — A commercial establishment where persons appear in a state of total or partial nudity in person. Such establishment shall, for example, include, but not be limited to, a restaurant, nightclub, dance club, hookah lounge, vapor lounge, or social hall if such entertainment is provided as an accessory or principal use. A striptease business, including the building or portion thereof that contains or advertises the business, must be located at least 1,000 feet from a dwelling, church, park, child care center or school and be arranged so that the interior is not visible from the outside. A striptease business may not operate between 2:00 a.m. and 6:00 a.m.

For the purpose of this definition, an establishment which is duly licensed by the Board of Liquor License Commissioners for Baltimore County and which features striptease dancing, nudity or partial nudity as an accessory use shall not be considered a striptease establishment, except that it shall satisfy the setback limitation established hereinabove for a striptease business.

The 1,000-foot distance requirement shall be considered an area requirement and, in addition to the authority and limitations set forth in Section 307.1 of these regulations, a variance may be granted if strict compliance with said setback would result in severe economic circumstances which are not the result of actions by the petitioner.

[Bill Nos. 137-1990; 29-1998; 16-2014]

SUBDIVISION — The division of any tract or parcel of land, including frontage along an existing street or highway, into two or more lots, plots or other divisions of land for the purpose, whether immediate or future, of building development for rental or sale, and including all changes in street or lot lines; provided, however, that this definition of a subdivision shall not include divisions of land for agricultural purposes. ^[35]

SYSTEM OF RUBBLE DISPOSAL OR LAND RECLAMATION FOR PUBLIC OR PRIVATE USE —The services, facilities or properties used in connection with the disposal of rubble or land reclamation, unless these activities are limited to rubble generated by a single individual or business and disposed of on the same property where generated. While limited operation of a rubble landfill can be accessory to agricultural use, it is not a primary agricultural activity.

[Bill No. 97-1987]

TAVERN — An establishment which has a Baltimore County Class D liquor license. A tavern which meets the criteria of nightclub, as defined in these regulations, shall be considered a nightclub.

[Bill No. 110-1993]

TELEVISION STUDIO — A portion of a building or a building and any related equipment used for the purpose of producing television or video programming, either for live television, for recording live on tape, or for the acquisition of raw footage for post-production, and broadcasting, receiving, or transmitting such television or video programming.

[Bill No. 119-2006]

TENNIS FACILITY — A single court, or two or more adjoining courts on a single lot, for playing tennis, paddleball, handball, squash, jai alai or other similar games or sports.

[Bill No. 62-1978]

TOURIST HOME — A rooming house primarily for transient guests. ^[36]

TOWN CENTER — A locality designated and delimited as a town center by the Planning Board to serve as the primary center of commercial (including supporting commercial) and higher-density residential development for an area having a population of approximately 100,000 or more persons, and meeting criteria or guidelines adopted and published by the Planning Board. Industrial, lower-density residential, and institutional uses are not excluded from town centers (when allowed under the regulations for the zone in which they are located).

[Bill No. 40-1967]

TOWN-CENTER DISTRIBUTOR-BYPASS ROAD — An arterial street which is designed to distribute traffic to a town center as well as to carry traffic around and away from such a center, and which is designated by the Planning Board as a town-center distributor-bypass road.

[Bill No. 40-1967]

TRAILER — Any of the various types of nonautomotive vehicles that can be pulled or hauled by a truck or other motorized vehicle, consisting of a framed or flat platform, or a boxed structure, constructed on a steel chassis and fitted with wheels and designed to be transported to a location or place that may be a temporary or permanent site, for purposes other than as a dwelling for human habitation. A trailer shall still be regarded as such even though its mobility may have been eliminated by removing its wheels, or otherwise, and placing it on a stable foundation or rigid supports. A trailer includes smaller structures transportable by a pickup truck or similar vehicle.

[Bill Nos. 145-1959, Section 415.5; 109-1964; 29-1974; 27-2015]

TRANSIT CENTER — A structure or portion of a structure and bus staging area designed and located to facilitate transfers among bus routes operated by the State Mass Transit Administration. A transit center may also be designed with parking to facilitate transfers between other modes of transportation including taxicabs, automobiles, commuter vanpools, airport limousines and privately owned buses.

[Bill No. 91-1990]

TRANSIT FACILITY — A structure or any combination of structures, including at-grade, elevated or below-grade fixed guideways, tunnels, electrical substations or fixtures necessary to support public mass transportation operations owned or operated by or on behalf of the Mass Transit Administration. This term shall not include a transit center, a transit storage and repair yard, bus terminal or rail passenger station.

[Bill No. 91-1990]

TRANSIT STORAGE AND REPAIR YARD — A site used primarily for the storage and maintenance of common carrier vehicles and for the repair of equipment associated with such vehicles.

[Bill No. 91-1990]

TRUCKING FACILITY — A structure or land used or intended to be used primarily (a) to accommodate the transfer of goods or chattels from trucks or truck trailers to other trucks or truck trailers or to vehicles of other types, in order to facilitate the transportation of such goods or chattels; or (b) for truck or truck-trailer parking or storage. A trucking facility may include, as incidental uses only, sleeping quarters and other facilities for trucking personnel, facilities for the service or repair of vehicles, or necessary space for the transitory storage of goods or chattels. The term "trucking facilities" includes facilities for the storage of freight-shipping containers designed to be mounted on chassis for part or all of their transport, but does not include a warehouse, moving and storage establishment or truck stop. Land used for the parking, storage or repair of trucks used as an accessory to a lawful business or industrial use of the land that such parking or storage area forms a part of shall not be considered a trucking facility within the meaning of this definition. As used in this definition, the terms "trucks," "truck-trailers" and "truck tractors" do not include any vehicle whose maximum gross weight is 10,000 pounds or less, as rated by the State Motor Vehicle Administration.

[Bill Nos. 18-1976; ^[37] 218-1980]

TRUCKING FACILITY, CLASS I (TRUCK TERMINAL) — A trucking facility whose primary purpose is to accommodate the transfer of goods or chattels from trucks or truck trailers to other trucks or truck trailers or to vehicles of other types, in order to facilitate the transportation of such goods or chattels.

[Bill No. 18-1976]

TRUCKING FACILITY, CLASS II — A trucking facility other than a Class I trucking facility, including a truck yard (the primary purpose of which is to accommodate the parking or storage of trucks, truck trailers or truck tractors.

[Bill No. 18-1976]

TRUCK STOP — A structure or land used or intended to be used primarily for the sale of fuel for trucks and, usually, incidental service or repair of trucks; or a group of facilities consisting of such a use and attendant eating, sleeping or truck parking facilities. As used in this definition, the term "trucks" does not include any vehicle whose maximum gross weight is 10,000 pounds or less, as rated by the State Motor Vehicle Administration.

[Bill No. 18-1976]

UNIVERSITY BASED RETIREMENT COMMUNITIES — A residential community for persons 62 years of age or older, as dictated by the residency agreement, located at least in part on an institution of higher learning that includes a variety of mutually beneficial educational opportunities for the institution as well as the senior residents which will promote retention of active adult residents who are looking to move out of their homes but continue to live in their locality with similarly situated residents.

[Bill No. 58-22]

UNLICENSED MOTOR VEHICLE — Any motor vehicle which does not have a current and valid registration plate or plates and validation tab or tabs attached to and displayed on the vehicle for the then current registration period.

[Bill No. 135-1986]

URBAN-RURAL DEMARCATION LINE — A boundary line established by the Planning Board, dividing that portion of Baltimore County considered as "urban" from that portion of

the county considered as "rural." In establishing or relocating such line, the Planning Board shall consider population density, existing public water supply and sewerage facilities, other existing public facilities and public facilities scheduled for planning or construction in the capital budget and five-year capital program.

[Bill No. 40-1967]

VAPOR LOUNGE — Any facility, establishment, or location, whether fixed or mobile, whose business operation, whether as its primary use or as an ancillary use, includes the utilization of a heating element that vaporizes a substance that releases nicotine, tobacco, flavored vapor or other substances, through one or more electronic or battery-operated delivery devices, including any device known as an electronic cigarette (also commonly referred to as e-cig, e-cigarette, e-pipe, electronic cigarillo, hookah pen, e-hookah, vape pen, vape pipe or any other electronic cigarette product), including but not limited to establishments known variously as vape bars, vape lounges, e-cigarette bars or vape cafes.

[Bill Nos. 16-2014; 99-24]

VETERANS HOUSING AND TREATMENT CAMPUSES — A campus which consists of independent living housing and offices providing services which are intended to help veterans and other vulnerable populations get meaningful employment, through industry-recognized certification programs, training, job placement, and other resources that address underlying barriers to employment.

[Bill No. 59-22]

VETERINARIAN — A person licensed to engage in the practice of veterinary medicine.

[Bill No. 85-1967]

VETERINARIAN'S OFFICE — An office which is maintained by a veterinarian for the treatment of animals and in which no animal is kept overnight.

[Bill No. 85-1967]

VETERINARIUM — Any building or portion thereof which is used, intended to be used or arranged primarily for treatment of animals by a veterinarian, where overnight care is allowed, and where all areas used for treatment or housing of animals are odorproofed and soundproofed.

[Bill No. 85-1967]

WAREHOUSE — A building or part of a building used or intended to be used primarily for the storage of goods or chattels that are to be sold retail or wholesale from other premises or sold wholesale from the same premises; for the storage of goods or chattels to be shipped on mail order; for the storage of equipment or materials to be used or installed at other premises by the owner or operator of the warehouse; or for similar storage purposes. (The term "warehouse" does not include a retail establishment whose primary purpose is for the sale of goods or chattels stored on the premises; however, nothing in this definition is meant to exclude purely incidental retail sales in warehouses. Further, the term does not include a truck terminal, at which any storage is minor, transitory and merely incidental to the purpose of facilitating transportation of goods or chattels.)

[Bill No. 18-1976]

WATER-SUPPLY SYSTEM, PUBLIC — A water-supply system which is operated by the county or a public agency of metropolitan or regional jurisdiction and which is owned by or meets design and performance standards whereby it is eligible for ownership by the county or such agency, whether or not it is part of or connected with the physical facilities of the metropolitan or regional water-supply system.

[Bill No. 100-1970]

WETLAND (NONTIDAL) — Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1987 and as may be amended.

[Bill No. 9-1996 ^[38]]

WETLAND (TIDAL) — All state and private tidal wetlands, marshes, submerged aquatic vegetation, lands and open water affected by the daily and periodic rise and fall of the tide within the Chesapeake Bay and its tributaries and additional tidal wetlands identified through site inspection by the Department of Environmental Protection and Sustainability that are subject to the daily and periodic rise and fall of the tide.

[Bill Nos. 9-1996; 122-2010] ^[39]

WIRELESS TELECOMMUNICATIONS ANTENNA — A directional or omnidirectional device that: (1) is mounted on a tower, building or structure; and (2) transmits or receives communications for the provision of personal wireless services, including radio, television, commercial mobile services, unlicensed wireless services and common carrier wireless exchange services. Wireless telecommunications antenna includes any related equipment housed at the base of the tower on which the antenna is mounted. Wireless telecommunications antenna does not include: (1) radio operator antennas; (2) accessory use satellite receiving dishes; or (3) accessory use radio or television receiving antennas.

[Bill No. 30-1998]

WIRELESS TELECOMMUNICATIONS FACILITIES — Facilities used for the provision of personal wireless services, including wireless telecommunications antennas, wireless telecommunications towers and personal wireless service facilities.

[Bill No. 30-1998]

WIRELESS TELECOMMUNICATIONS TOWER — A self-supporting, guyed or freestanding structure that is designed and constructed for the purpose of supporting one or more wireless telecommunications antennas for telephone, radio and similar communication purposes, whether such support is the primary or secondary purpose of the structure. The term includes self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, and cellular telephone towers.

[Bill Nos. 30-1998; 9-2002 ^[40]]

YARD — Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.

YARD, FRONT — A yard extending across the full width of the lot, between the front lot line and the front foundation wall of the main building.

YARD, REAR — A yard extending across the full width of the lot, between the rear lot line and the rear foundation of the main building.

YARD, SIDE — A yard extending from the front yard to the rear yard, between the side lot line and the side foundation wall of the main building. ^[41]

[Bill No. 137-2004]

In addition to the terms and words defined in Section 101, the following words and terms as used in these regulations have the meanings indicated for application within the Chesapeake Bay Critical Area. Except as otherwise noted, these definitions are applicable only within the Chesapeake Bay Critical Area and shall supersede all other definitions. For the definitions in these regulations of words not defined in this section, refer to §§ 33-1-101 and 33-2-101 of the Baltimore County Code and COMAR, Title 27, Subtitle 01, Chapter 01. Any word or term not defined in Section 101 or Section 101A, in § 33-1-101 or § 33-2-101 of the Baltimore County Code, or in COMAR, Title 27, Subtitle 01, Chapter 01, shall have the ordinarily accepted definition as set forth in the most recent edition of Webster's Third New International Dictionary of the English Language, Unabridged.

AGRICULTURE — All methods of production, processing, storage and management of livestock, crops, vegetation and soil. This includes but is not limited to the related activities of tillage, fertilization, pest control, harvesting and marketing. It also includes but is not limited to the activities of feeding, housing and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses and poultry and handling their by-products.

BONA FIDE INTRAFAMILY TRANSFER — A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.

BUFFER — A naturally vegetated area or vegetated area established or managed in accordance with COMAR 27.01.09 to protect aquatic, wetland, shoreline and terrestrial environments from man-made disturbances.

CHESAPEAKE BAY CRITICAL AREA — All land and water that is designated on the official County Chesapeake Bay Critical Area Map in accordance with Section 8-1807 of the Natural Resources Article of the Annotated Code of Maryland.

[Bill No. 51-2015]

CHESAPEAKE BAY CRITICAL AREA CRITERIA — The regulations promulgated by the Chesapeake Bay Critical Area Commission in the Code of Maryland Regulations, Title 27, Subtitle 01.

CHESAPEAKE BAY CRITICAL AREA LAW — The regulations set forth in the Annotated Code of Maryland, Natural Resources Article, Title 8, Subtitle 18, Section 8-1801 et seq., "Chesapeake Bay Critical Area Protection Program."

CLUSTER DEVELOPMENT — Notwithstanding the definition of the term "cluster subdivision" in § 32-4-101 of the Baltimore County Code, a residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat, forest preservation or other permanent open space uses on the remainder.

[Bill No. 137-2004]

COMMUNITY PIERS — Noncommercial boat docking or mooring facilities that are owned by and operated for the benefit of the residents of a platted riparian subdivision or condominium, apartment and other multiple-family dwelling units; the term does not include individual private piers maintained by riparian landowners and not-for-profit organizations.

CRITICAL AREA — The Chesapeake Bay Critical Area as herein defined, unless the context indicates otherwise.

CRITICAL AREA FARM — All land within the Chesapeake Bay Critical Area which is classified by the State Department of Assessment and Taxation as either "Agriculture-Residential," Code 33, or "Agriculture," Code 05.

FISHERIES ACTIVITIES — Commercial water-dependent fisheries facilities, including structures for the packing, processing, canning or freezing of finfish, crustaceans, mollusks and amphibians and reptiles and also including related activities such as wholesale and retail sales, storage and fabrication of fisheries and shellfishing equipment, product storage facilities, crab shedding, off-loading docks and related fuel facilities, shellfish culture operations and shore-based facilities necessary for aquaculture operations.

IMMEDIATE FAMILY — A father, mother, son, daughter, legally adopted son or daughter, grandson or granddaughter.

INTENSELY DEVELOPED AREA (IDA) — An overlay area delineated on the official County Chesapeake Bay Critical Area Map in accordance with COMAR 27.01.02.03.

[Bill No. 51-2015]

LIMITED DEVELOPMENT AREA (LDA) — An overlay area delineated on the official County Chesapeake Bay Critical Area Map in accordance with COMAR 27.01.02.04.

[Bill No. 51-2015]

LOCAL PROTECTION PROGRAM — The program for the Critical Area in the county prepared and approved in accordance with the Annotated Code of Maryland, Natural Resources Article, Section 8-1809.

MARINA — Any facility on tidal waters for the mooring, berthing, storing or securing of watercraft, but not including community piers and other noncommercial boat docking and storage facilities. Any other definition referring to boatyards, boat basins, etc., shall not be applicable.

PUBLIC WATER-ORIENTED RECREATION — Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public.

REDEVELOPMENT — The process of developing land which is or has been developed.

RESOURCE CONSERVATION AREA (RCA) — An overlay area delineated on the official County Chesapeake Bay Critical Area Map in accordance with COMAR 27.01.02.05.

[Bill No. 51-2015]

TRANSPORTATION FACILITIES — Anything that is built, installed or established to provide a means of transport from one place to another, including but not limited to trucking facilities, airports, railway stations and other uses which, in the judgment of the Director of Permits, Approvals and Inspections, with the recommendation of the Director of Environmental Protection and Sustainability, are considered transportation facilities. Transportation facilities do not include boatyards, motorways, railways or water-dependent facilities.

[Bill No. 122-2010]

UTILITY TRANSMISSION FACILITIES — Fixed structures that convey or distribute resources, wastes or both, including but not limited to electric lines, water conduits and sewer lines.

WATER-DEPENDENT — A temporary or permanent structure or activity which, by reason of its intrinsic nature or operation, requires location in or over state or private tidal wetlands or at or near the shoreline within the buffer.

YACHT CLUB — A use of waterfront land by a social club which provides recreational facilities, including boat docking, for members and their guests.

[Bill No. 136-1996]

No land shall be used or occupied and no building or structure shall be erected, altered, located or used except in conformity with these regulations and this shall include any extension of a lawful nonconforming use.

[Bill No. 69-2016 ^[43]]

No yard space or minimum area required for a building or use shall be considered as any part of the yard space or minimum area for another building or use, except that buildings associated with a hospital or school or health-care and surgery center shall be permitted to share yard space or minimum area.

No portion of an alley shall be considered as any part of a side or rear yard.

[Bill Nos. 172-1989; 2-1992; 137-2004]

No dwelling, other than a multifamily building, shall be built on a lot containing less than 20,000 square feet which does not abut on a right-of-way at least 30 feet wide over which the public has an easement of travel, except as provided for panhandle lots in § 32-4-409 of the Baltimore County Code.

[Resolution, November 21, 1956]

On a corner lot in any residential zone, no planting, fence, wall, building or other obstruction to vision more than three feet in height shall be placed or maintained within the triangular area bounded on two sides by the front and side street property lines, or by projections of said lines to their point of intersection, and on the third side by a straight line connecting points on said lot lines (or their projections), each of which points is 25 feet distant from the point of intersection. At the intersection of a street and an alley, the dimension corresponding to the 25 feet noted above shall be 15 feet and ten feet at the intersection of two alleys. Poles, posts and guys for streetlights and for other utility services shall not be considered obstructions to vision within the meaning of this section.

[Resolution, November 21, 1956; Bill No. 122-2010]

No building permit shall be issued for any commercial, industrial or apartment development until the proposed plan for vehicular access thereto shall have been first approved by the Department of Permits, Approvals and Inspections.

[Bill No. 74-2000]

Where development of a property includes both a special exception and a residential subdivision, the area allocated for use as a special exception shall not be included in the calculation of residential density.

[Resolution, November 21, 1956; Bill Nos. 100-1970; 55-2011]

These regulations shall apply as of the date of their adoption but the provisions pertaining to use, height, area and density of population shall not apply to any development, subdivision or parcel of land, the preliminary plan for which was originally submitted to the (then) Baltimore County Planning Commission (now Planning Board) and approved or tentatively approved (including any approval made subject to any condition or conditions) under the then existing official procedure in Baltimore County, prior to the adoption of these regulations. ^[45] The Zoning Regulations applicable to any such development, subdivision or parcel of land as aforesaid shall be the Zoning Regulations in effect at the time such plan, as aforesaid, was originally submitted to the Baltimore County Planning Commission.

Provided further, however, that the use and development of land in M.L. Zones shall not be affected by the foregoing provision, but development is permitted in accordance with any preliminary development plan approved by the Department of Planning ^[46] before the effective date of this further proviso, even though such development may be counter to then-current regulations for M.L. Zones, if, on the fifth anniversary of such effective date, construction either is completed or is substantially commenced and diligently being pursued to completion; otherwise, the regulations generally in effect at the time such use or development is to be established shall control. ^[47]

When any public use ceases or when title of unzoned public land passes into private ownership, public land or buildings shall not be used for private purposes until they shall have been zoned in conformance with these regulations.

[Bill No. 98-1975]

In an R.C.2, R.C.3, R.C.4 or R.C.5 Zone, contrary provisions of Subsection 103.1 and any other contrary provisions of or pursuant to these regulations notwithstanding, in the case of property covered by a recorded subdivision plat which was approved by the Baltimore County Planning Commission or Board before the effective date of this subsection, and which remains in effect, buildings may be constructed, residential densities and lot lines may be established, and yards and other open areas may be laid out in accordance with that plan, subject to any conditions of the approval.

Where such a plan has been so approved but does not indicate densities or the situations of buildings or yards or other open spaces, these may be established or situated only in accordance with the standards as prescribed and in force at the time of the lot recordation.

[Bill Nos. 61-1979; 137-2004]

If a subdivision plan or plat approval application to any lot, other than a lot in a planned industrial park, has lapsed under the provisions of § 32-4-273 of the Baltimore County Code, development of that lot in contravention of the use, height, area or other land use or development standards of these regulations may not be undertaken pursuant to the following provisions of these Zoning Regulations:

Section 103.1

Section 103.3

Section 1A01.3.B.2

Section 1A02.3.B.6

Section 1A03.4.B.4

Section 1A04.3.B.5

Section 1B01.1.B.2

Section 1B02.3

Section 304

[Bill Nos. 32-1988; 9-1996; 137-2004; 100-2005]

A.

This subsection applies to grandfathering requirements of the Chesapeake Bay Critical Area Local Protection Program and to the residential densities at which certain land within the Critical Area may be developed after June 13, 1988.

B.

The rights conferred under this subsection are subject to:

1.

The provisions in § 32-4-273 of the Baltimore County Code, pertaining to the time limit for validity of subdivision plats and, if applicable, to the provisions of Sections 103.3 and 103.4 of the Baltimore County Zoning Regulations;

2.

The provisions in Article 33, Title 2, Subtitles 3, 4, and 5 and § 33-2-604 of the Baltimore County Code, pertaining to wetlands, buffers, habitat protection areas and water-dependent facilities; and

3.

Other applicable county laws or regulations in effect at the time a right is exercised.

C.

The county shall permit the continuation, but not necessarily the intensification or expansion, of any use in existence on June 13, 1988. If the existing use does not conform with the provisions of the local protection program, its intensification or expansion may be permitted only in accordance with Section 104.5 of these regulations and with the variance provisions and procedures outlined in § 32-4-231, § 33-2-205, or § 33-2-603 of the Baltimore County Code, whichever is or are applicable.

D.

Lots of record or record lots as of December 1, 1985.

1.

Each individual lot or parcel of land that was either a lot of record or a record lot on December 1, 1985, may be developed with a single-family dwelling if a dwelling was not already in existence and if a single-family dwelling was a use permitted on the property under the zoning in effect on December 1, 1985, notwithstanding that such development may be inconsistent with the density provisions of the approved local protection program and provided that this right to develop is subject to all the Zoning Regulations, other than density or lot size, in effect at the time the right is to be exercised; unless the lot or parcel is within the recorded plan or plat of a land subdivision approved by the county before December 1, 1985, in which case the limitations and rights pertaining to the approved plan or plat shall govern.

2.

All lots that are developed under this paragraph shall be brought into conformance with the local critical area program, including the consolidation or reconfiguration of lots not individually owned, to avoid or minimize impacts to wetlands, buffers, and habitat protection areas, as determined by the Department of Environmental Protection and Sustainability.

[Bill No. 122-2010]

E.

Growth allocation will not be required for subdivisions of land where each resultant parcel or lot contains a dwelling which existed on December 1, 1985.

F.

Residential subdivision of land other than for single-family dwellings, as covered by Paragraphs D and E of this subsection, is permitted in accordance with an approved final development plan or record plat if the approval was granted by the county before June 1, 1984.

G.

For nonresidential developments, a lot or parcel of land may be developed with a use permitted on the property under the zoning or use regulations in effect on December 1, 1985, notwithstanding that such development may be inconsistent with the provisions of Article 33, Title 2 of the Baltimore County Code and provided that this right to develop is subject to the Zoning Regulations in effect at the time the right is to be exercised; unless the lot or parcel is within the recorded or approved plat or a plan of a land subdivision approved by the county before December 1, 1985, in which case the limitations and rights pertaining to the approved plan or plat shall govern.

[Bill Nos. 18-1976; 124-1991]

A nonconforming use (as defined in Section 101) may continue except as otherwise specifically provided in these regulations, provided that upon any change from such nonconforming use to any other use whatsoever, or any abandonment or discontinuance of such nonconforming use for a period of one year or more, the right to continue or resume such nonconforming use shall terminate.

[Bill No. 124-1991]

A structure damaged to any extent or destroyed by fire or other casualty may be restored within two years after such destruction or damage but may not be enlarged. In the case of residentially used structures which are nonconforming in density, the number of dwelling units or density units rebuilt may be equal to but may not exceed the number of units which existed before the casualty.

[Bill No. 124-1991]

No nonconforming building or structure and no nonconforming use of a building, structure or parcel of land shall hereafter be extended more than 25 percent of the ground floor area of the building so used. This provision does not apply to structures or uses restored pursuant to Section 104.2, except as authorized by the Zoning Commissioner pursuant to Section 307.

[Bill Nos. 167-1980; 124-1991]

Any contrary provision of these regulations notwithstanding, an office building that was authorized by grant of a special exception and that becomes damaged to any extent or destroyed by casualty may be fully restored in accordance with the terms of the special exception.

[Bill Nos. 32-1988; 124-1991; 9-1996; 137-2004]

Any use which becomes or continues to be nonconforming which exists within the Chesapeake Bay Critical Area on or after the effective date of this section is subject to the provisions of Sections 104.1, 104.2 and 104.3 and to the variance provisions and procedures of § 32-4-231, § 33-2-205, or § 33-2-603 of the Baltimore County Code, whichever is or are applicable.

A striptease business lawfully operating prior to the effective date of this legislation ^[48] that is in violation of the requirements contained herein shall be deemed a nonconforming use. A striptease business which is a nonconforming use:

A.

Shall be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more; and

B.

Shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

[Bill No. 137-1990]

[Bill No. 89-1997]

Notwithstanding the provisions of this section, nonconforming signs are subject to Section 450.8.C.

[Bill No. 105-2006]

After notice and hearing, the Zoning Commissioner may terminate a nonconforming use and require the use to revert to a use allowed under the existing zoning classification if the hearing officer has previously determined, after a code enforcement hearing under Article 3, Title 6 of the Code:

A.

That the owner, tenant or entity having control of the land or use is in violation of the County Code, as defined in Article 3, and that the violation is continuing; or

B.

That the owner, tenant or entity having control of the land or use is in violation of the County Code for the same offense on multiple occasions.

The establishment or expansion of the following uses is prohibited in all Chesapeake Bay Critical Areas:

A.

Solid or hazardous waste collection or disposal facilities.

B.

Sanitary landfills.

C.

Liquefied natural gas facility.

[Bill No. 9-2007 ^[49]]

D.

Permanent sludge hauling, storage or disposal facilities other than those associated with wastewater treatment facilities.

E.

Transportation facilities and utility transmission facilities, except those necessary to serve uses permitted in the underlying zone per the Baltimore County Zoning Regulations. Such uses may be permitted only in intensely developed areas and only after the activity or facility has demonstrated that there will be a net improvement in water quality to the adjacent body of water.

[Bill No. 9-1996]

F.

Nonmaritime heavy industries, except those uses permitted in the underlying zone as authorized by these regulations. Such uses may be permitted only in intensely developed areas, as defined by the Baltimore County Code, ^[50] and only after the activity or facility has demonstrated that there will be a net improvement in water quality to the adjacent body of water.

[Bill No. 9-1996]