For the purpose of using both the subdivision ordinance and the zoning ordinance, certain terms or words contained within those ordinances shall be interpreted as defined by this section. Words not so defined herein shall be as defined in a dictionary.

Words used in the present tense include the future. All words in the singular include the plural and all words in the plural include the singular. The word "shall" is mandatory and not directory. The word "used" shall be deemed to include "designed, intended, or arranged to be used."

ADMINISTRATOR. (See "Environmental Management Administrator.")

AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry; provided that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals for use in medical or other tests or experiments.

ALLEY. A right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties.

APARTMENT. A separate dwelling unit within a multi-family dwelling.

ASSISTED LIVING FACILITY. A licensed residential facility that provides various types of housing, medical, and supportive services for individuals who, due to age, infirmity, disability or medical condition, are unable to perform or are in need of assistance in performing their daily personal activities, in a way that promotes and allows for the dignity and independence of its residents, and is staffed on a full-time basis with such medical, nursing, administrative and other staff necessary to offer and provide those services.

BILLBOARD SIGN. A roadside sign used for purposes of advertising, displaying or promoting any activity, person, group, business, entity, event, or thing not located upon the premises or property upon which the sign is located. This shall not include federal, state or local traffic or directional signs or historic markers or signs.

BOARD. The Burkittsville Board of Appeals.

BOARDING HOUSE. A dwelling in which, for compensation, lodging or meals, or both are furnished to not more than six (6) guests. A boarding house shall not be deemed a home occupation.

BUILDING. A structure having one (1) or more stories and a roof, designed primarily for the permanent shelter, support or enclosure of persons, animals, or property of any kind.

BUILDING ACCESSORY. A building subordinate to, and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or common roof to the main building.

BUILDING HEIGHT OF. The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of roof surface of a flat roof; to the deck line of a mansard floor; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.

BUILDING SETBACK LINE. A line beyond which the foundation wall and/or any enclosed porch, vestibule or other enclosed portion of a building shall not project as determined by the yard requirements.

CELLAR. That portion of a building below the first-floor joists at least half of whose clear ceiling height is below the main level of the adjacent ground.

CHILD CARE HOME. A day nursery, child boarding home, day camp, summer camp, or other place for the reception, board, or care for compensation of a child or children under sixteen (16) years of age.

COMMISSION. The Burkittsville Planning and Zoning Commission.

COMPREHENSIVE PLAN. A plan which does consist of maps, data, and other descriptive matter, as a guide for the physical development of the Town or any portion thereof, including any amendments, extensions, or additions thereto adopted by the Commission, indicating the general locations for major roads, parks or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.

CONDOMINIUM. A separate dwelling unit within a multi-family dwelling with shared common areas as established under the Maryland Condominium Act, codified at Code of Maryland, Real Property Article, Title 11.

COUNCIL. The Town Council of Burkittsvi11e.

COUNTY. Frederick County, Maryland.

DAY CARE CENTER. A facility licensed by the State of Maryland and operated for the purposes of providing adult supervision and care to eight (8) or fewer children under the age of six (6) years of age, who must be separated from their parents or legal guardians during any part of the day.

DEVELOPER. The person or corporation responsible for developing a parcel of land, including but not limited to constructing improvements of structures, demolishing or removing structures, subdividing for lot sales or rental purposes, and establishing or changing the use to which the land and/or structures may be put.

DWELLING. A building or portion thereof arranged or designed to provide living facilities for one (1) or more families, but not including a tent, cabin, mobile home, bus, recreational vehicle or camper, or a room in a motel or hotel.

DWELLING ONE-FAMILY OR SINGLE-FAMILY. A building containing not more than one (1) dwelling unit.

DWELLING TWO-FAMILY/DUPLEX. A building containing not more than two (2) dwelling units, arranged either one (l) above the other or side by side.

DWELLING MULTI-FAMILY. A building containing two (2) or more dwelling units.

DWELLING UNIT. a building or portion thereof arranged or designed for occupancy by not more than one (1) family for residential living purposes and having kitchen and bathroom facilities.

ENVIRONMENTAL MANAGEMENT ADMINISTRATOR. The administrative officer of the Town charged with administering the regulations governing development.

FARM. A parcel of land not less than five (5) acres in size used for agriculture as defined hereinabove.

FRONTAGE. The length of the front property line of the lot, lots, or tract of land abutting a public street, road, or highway, or rural right-of-way.

HOME OCCUPATION. Any occupation or business use conducted entirely within a dwelling unit or accessory structure by members of the family residing on the premises, which is clearly incidental and secondary to the residential use of the building.

LOT. A parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as required.

LOT AREA. The total horizontal area included within the rear, side and front lot or proposed street lines of the lot excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking area and other accessory uses.

LOT CORNER. A lot abutting on two (2) or more streets at their intersection, where the interior angle of the intersection does not exceed one hundred thirty-five (135) degrees.

LOT DEPTH OF. The average distance between the front lot lines and the rear lot lines.

LOT FRONT OF. The sides or sides of an interior or through lot which abut a street; in a corner lot, either side that abuts a street.

LOT FRONTAGE MINIMUM: AT BUILDING SETBACK LINE. The minimum allowable width of a lot, measured horizontally along the building setback line.

LOT FRONTAGE MINIMUM: AT FRONT LOT LINE. The minimum allowable width of a lot measured horizontally along the front lot line.

LOT LINE FRONT. The street line running along the front of the lot separating it from the street. In a through lot, both lines abutting the shall be deemed to be the "front lot lines."

LOT LINE REAR. The lot line or lines generally opposite or parallel to the front lot line, except in a through lot. If the rear lot line is less than ten (10) feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line not less than ten (10) feet long, lying wholly within the lot, parallel to the front lot line, or in the case of a curved front lot line, parallel to the chord of the arc of said front lot line.

LOT OF RECORD. Any lot legally recorded in the Land Records of Frederick County, Maryland as of January 1, 2003.

LOT LINE SIDE. Any lot line other than a front lot line or a rear lot line.

MEDICAL OR DENTAL CLINIC. Any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an out-patient basis.

MOBLE HOME. (also sometimes referred to as a "manufactured home") means a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on a site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and which includes the plumbing, heating, air-conditioning, and electrical systems contained within it.

NON-CONFORMING USE. A use of a building or of land lawfully existing at the time this and/or previous ordinances or amendments thereto becomes effective and which does not conform with the use regulations of the zone in which it is located.

NURSERY SCHOOL. A facility licensed by the State of Maryland and operated for the purpose of providing education, training, guidance, and supervision to nine (9) or more children under the age of six (6) years of age.

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

PANHANDLE LOT. A lot with the appearance of a "frying pan" or "flag and staff,” in which the "handle" is used as the point of ingress and egress to the street or road.

PROFESSIONAL OFFICE. Rooms and/or buildings used for the office purposes by a member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, etc., but not including medical or dental clinics or veterinary clinics.

ROOMING HOUSE. A dwelling in which for compensation, lodging is furnished to three (3) or more, but not exceeding six (6) guests. A rooming house shall not be deemed a home occupation.

SIGN. Any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark, or other representation used as, or in the nature of, an announcement, advertisement, direction, or designation, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry which is located upon any land, or any building, in or upon a window, or indoors in such a manner as to attract attention from outside the building. This shall not include street or traffic directional signs.

STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it or, of there be no floor above it, be counted as a story, if it is for business or dwelling purposes. A mezzanine floor shall be counted as a story if it covers more than one-third (1/3) of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more.

STREET. A public or dedicated way for vehicular traffic or a public proposed right-of-way, widening or extension of an existing street or public way shown on any plan approved by the Commission.

STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, posts, beams, or girders.

STRUCTURE. An assembly of materials forming a construction for occupancy or use including among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stadiums, observation towers, radio and television (T.V.) broadcasting towers, water tanks, trestles, open sheds, coal bins shelters, fences, walls, signs, power line towers, pipelines, railroad tracks and poles.

TOWNHOUSE. A separate dwelling unit, which shares a common exterior side wall or walls with and adjoins other similar adjoining separate dwelling units.

USE. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended and for which it is or may be used, occupied, or maintained.

USE, ACCESSORY. A use of a building, lot, or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.

USE, SPECIAL EXCEPTION. A use which may be permitted in a district through the granting by the Board of Appeals of a special as defined in Article 66B of the Annotated Code of Maryland, upon a finding by the Board that it meets specified conditions as set forth in Section 9.02(g) of these Regulations.

YARD. Open space on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except as provided in this ordinance.

YARD FRONT. Open space extending across the fill width of lot between the front lot line or the proposed front street line and nearest line of the building or any enclosed portion thereof. The dept of such a yard shall be the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof.

YARD REAR. Open space extending across the full width of lot between the rear line of the lot and the nearest line of the building, porch or projection thereof. The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest point of the building.

YARD SIDE. Open space between the side lot line, the side street line, or the proposed side street line, if such line falls within the lot, and the nearest line of the foundation of the building, porch or projection thereof, extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front lot line and/or rear lot line. The width of a side yard shall be the shortest distance between the side lot line and the nearest point of the foundation of the building, porch or projection.

ZONE. An area within which certain uses of land and buildings are permitted and certain others required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical for the zone in which they apply.

ZONING ADMINISTRATOR. See "Environmental Management Administrator."

ZONING CERTIFICATE. A written statement issued by the Environmental Management Administrator authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

ZONING MAP. The zoning map of the Town of Burkittsville with all amendments thereto subsequently adopted.