Chesapeake Beach City Zoning Code
ARTICLE XI
Definitions
§ 290-42 Interpretation.
A.
Unless a contrary intention clearly appears, the following words and phrases shall have, for the purpose of this chapter, the meanings given in the following clauses.
B.
For the purpose of this chapter, words and terms used herein shall be interpreted as follows:
(1)
Words used in the present tense include the future.
(2)
The singular includes the plural.
(3)
The word "person" includes a corporation, institution, partnership, and association, as well as the individual.
(4)
The word "lot" includes the word "plot" or "parcel."
(5)
The term "shall" is always mandatory.
(6)
The word "used" or "occupied" as applied to any land or building shall be construed to include the words "arranged or designed to be used or occupied."
(7)
The word "Council" and the words "Town Council" shall always mean the Town Council of Chesapeake Beach, Maryland.
(8)
The word "Commission" and the words "Planning and Zoning Commission" and the words "Planning Commission" shall always mean the Chesapeake Beach Planning and Zoning Commission.
(9)
The word "Board" shall always mean the Board of Zoning Appeals of Chesapeake Beach, Maryland.
(10)
The word "Town" shall always mean the Town of Chesapeake Beach, Maryland.
(11)
The word "Administrator" shall always mean the Zoning/Public Works Administrator.
C.
Any word or term not defined herein shall be used with a meaning of standard usage.
§ 290-43 Terms defined.
As used in this chapter, the following terms shall have the meanings indicated:
Any premises from which minors are excluded and in which the retail sale of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions is conducted as a principal use of the premises; or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises.
An entertainment establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
As applied to a building structure, a change or rearrangement in the structural parts, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another.
All the area within a parcel, inclusive of steep slopes, local access streets or alleys, off-street parking spaces, recreation sites, floodplains, and wetlands.
The usable space contained within a structure. For a residential application, the floor area is included if it is a basement area over 3.5 feet above grade, an attic area which has a ceiling seven feet or more in height, or any areas with a ceiling height of more than five feet in height that adjoin living areas. If the ceiling height exceeds 14 feet in any interior space, the floor area is counted twice.
An owner-occupied or manager-occupied building where, for compensation and only by prearrangement (transients only) for definite periods, lodging and meals are provided. Such uses are limited to five guest rooms, excluding resident management.
A combination of materials having a roof, to form a structure for the shelter of persons, animals, or chattel. The word "building" shall include any part thereof.
A building subordinate to the principal building on the same lot and used for purposes customarily incidental to those of the principal building.
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, unroofed porches, paved terraces, exterior steps, eaves, and gutters.
The percentage of the lot area covered by the building area. This percentage shall include any square footage included in the ground floor of the gross floor area calculation.
[Amended 11-17-2022 by Ord. No. O-22-12]
A building's height shall be measured by the average street frontage elevation, address side, (not elevated) finished lot grade, at the primary front entrance to the building. The height shall be measured to the highest point in the roofline, which shall include any rooftop deck, fence railing, widows walk, or other rooftop addition.
[Amended 2-7-2001 by Ord. No. O-06-17; 11-17-2022 by Ord. No. O-22-12]
An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
An ownership arrangement as defined in the Annotated Code of Maryland, Real Property Article, Title 11. It is an estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building, such as an apartment.
An activity undertaken for gain or profit and carried on in a dwelling or building accessory to a dwelling, by members of the family residing in the dwelling and up to one additional unrelated person. A customary home occupation is clearly secondary to the use of the dwelling as a residence.
The number of dwelling units per gross acre of a development parcel, inclusive of streets, open spaces, and nonbuildable areas.
A building on a permanent foundation arranged or designed to provide living facilities for one or more families. The word "dwelling" shall not be construed to include a mobile home or habitable travel trailer.
A dwelling unit which is either attached to a dwelling as defined herein or is located in an accessory building, as defined herein.
A building containing two or more dwelling units on a single lot having a common roof and a common entry.
A building containing two or three attached dwelling units which have a common wall at the lot line between each unit and which are on separate lots.
[Amended 3-20-2008 by Ord. No. O-08-1]
A building containing one dwelling unit on one lot and detached from any other dwelling.
A building containing four or more attached dwelling units in a row which have a common wall at the lot line between each unit and which are on separate lots.
[Amended 3-20-2008 by Ord. No. O-08-1]
A dwelling or portion thereof providing complete living facilities for one family, but shall not include mobile homes, habitable travel trailers, or rooming, boarding-, or lodging houses, or hotels, motels, tourist homes, or other similar places offering overnight accommodations for transients.
An individual, or two or more persons related by blood or marriage, or group of not more than four persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
Any residential structure used to provide assisted community living for persons with physical, mental, emotional, familial, or social difficulties.[1]
See "motel."
A narrow range of industrial uses that are compatible with adjacent uses to the extent that any adverse effects on health, safety, welfare, or the environment are avoided. The uses are limited to light manufacturing, fabricating, warehousing, and wholesale distributing in low buildings with off-street loading and off-street parking for employees and with access by major thoroughfares. Light industries include those which manufacture, process, store, package or distribute goods and materials; and are, in general, dependent on raw materials refined elsewhere.
A parcel of land used or set aside and available for use as the site of one or more buildings and buildings accessory thereto or for any other purpose, in one ownership and not divided by a street nor including any land within the limits of a public or private street right-of-way. The term "record lot" means the land designated as a separate and distinct parcel of land on a legally recorded deed filed among the Land Records of Calvert County.
Lot abutting two or more streets at their intersections, where the interior angle of the intersection does not exceed 135°.
An interior lot fronting on two streets.
The lines bounding a lot, provided any street lines shall be considered lot lines for the purposes of this chapter.
The width of a lot measured at the minimum building restriction line.
An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of Maryland. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
A building in which lodging or boarding is provided for more than 15 persons, primarily transient, or with more than 10 guest rooms, offered to the general public at a daily rate. Ingress to and egress from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, in contradistinction to a boarding-, rooming, or lodging house, or an apartment house, timeshare facilities or condominium units. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms, and meeting rooms.
An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
CLASS IIncludes fast-food restaurants. This is a type of restaurant, other than a bakery, bakeshop, candy, or ice cream store, which provides as a principal use the sale of foods and beverages in a ready-to-consume state, for consumption off of the premises. These restaurants may have sit-down seating and delivery service but may not provide dancing, live entertainment, the service of alcoholic beverages, or a bar. They may have some outdoor dining and drive-up services.
CLASS IIThis type of food service establishment has as a substantial portion of its business the carryout of foods for immediate consumption. These types of restaurants may not have bars, dancing, live entertainment, or drive-in, drive-through service windows. The service of alcoholic beverages shall be beer and wine only served on the premises with meals or sold prepackaged for off-premises consumption. The establishment does not provide more than 10 seats. Food items prepared for consumption generally are not prepackaged but are made to specific order. A limited number of prepackaged items may be sold but only as accessory to the principal use of service of food for immediate consumption. These restaurants also include restaurants that may be considered food service marts. A food service mart is an establishment whose principal purpose is the sale of food items for home consumption, either prepared on the premises or prepackaged. These types of restaurants may not have bars, dancing, live entertainment, or drive-in windows. The service of alcohol beverages shall be beer and wine only serviced on the premises with meals or sold prepackaged for off-premises consumption. No seating is provided on the premises.
CLASS IIIThis type of restaurant is an establishment whose principal business is the sale of food or beverages to the customer in a ready-to-consume state. Carryout goods may constitute no more than 10% of the business. This type of restaurant may include a bar, dancing, and live entertainment as regulated within the specific zoning districts. These restaurants do not have drive-up or drive-through services. Catering or delivery is permitted as an accessory use. Patrons are customarily provided with menus and are served their food or beverages by a restaurant employee at the same table or counter at which the food is consumed.
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation to an owner or operator for lodging or board and lodging by prearrangement for a week or more at a time. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classed for purposes of this chapter not as a roomer, boarder, or lodger, but as a guest of a commercial establishment (motel, hotel, tourist home).
A building or part of a building (other than institutional building) occupied or intended to be occupied by three or more roomers, boarders, or lodgers.
A public or private way used or intended to be used for passage or travel by automotive vehicles. If private, such way must be used or intended to be used as the principal means of access to an abutting lot or lots or to more than two dwellings on a lot on which a private way is exclusively used.
The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way line, provided that where a future right-of-way width for a street has been officially established, the street line shall be the side of the future right-of-way so established.
A man- or machine-made combination of materials assembled, constructed, or erected at a fixed location, the use of which requires location on the ground or attachment to something having location on the ground. The word "structure" shall include any part thereof.
A residential building, that is rented commercially in whole or in part, or a separate dwelling unit accessory to such a building that is rented commercially, in which paying guests are provided, with or without prearrangement, overnight accommodations on a short-term basis for commercial compensation, of a period of fewer than 30 days.
[Added 11-17-2022 by Ord. No. O-22-12]
MOBILE HOMEAny vehicle or similar portable structure with any or all of the following characteristics:
Manufactured as a relocatable dwelling unit intended for year-round occupancy and with no need for a permanent foundation, which can be moved upon the removal of tie-downs and surrounding decks and the reattachment of tow bar axles and wheels.
Designed to be transported after manufacture on its own permanent chassis, with a fixed or removable tow bar, and can be moved without the use of regular house-moving equipment.
Designed to be installed as a single-wide or double-wide unit with only incidental unpacking and assembling operations.
HABITABLE TRAVEL TRAILER (TRAILER)A vehicular, portable structure designed to be used as a temporary dwelling for travel, camping and recreational purposes. Such units shall not include mobile homes. Such units shall not be used as permanent dwellings.
Use of a building, lot or portions thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.
Walls opposite to and parallel with one another and wall lines extended of opposite walls intersecting at angles of less than 65°.
FRONTThe required open space, the full width of the lot, extending from the street line to the nearest building on the lot, exclusive of overhanging eaves, gutters, or cornices.
SIDEThe required open space between a side lot line of a lot and the nearest point of the building and extending from the front yard to the rear yard.
REARThe required open space, the full width of the lot, extending from the rear property line of the lot to the nearest building on the lot, exclusive of overhanging eaves, gutters, or cornices.
[1]
Editor's Note: The former definition of "home occupation," which immediately followed this definition, was repealed 3-16-2023 by Ord. No. O-23-2.
§ 290-44 Critical Area definitions.
[Amended 5-11-2005 by Ord. No. O-05-3; 11-21-2024 by Ord. No. O-24-17; 8-21-2025 by Ord. No. O-25-12]
The following words have the following meanings for purposes of implementing the Critical Area Program:
Means the act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.
Means a structure that is:
Means newly constructed area that increases the size of a structure.
Means the land from which the mineral is removed by surface mining, and all other land area in which the natural surface has been disturbed as a result of or incidental to the surface mining activities of the permittee, including private ways and roads appurtenant to the area, land excavations, workings, refuse piles, spoil piles, and tailings.
Means the establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.
Means an agronomic, conservation, or pollution control practice, installation, or structure that manages soil loss, nutrients, animal wastes, or agricultural chemicals so as to minimize their movement into state waters.
Includes strip cropping, terracing, cover crops, grass waterways, animal waste management, conservation tillage, riparian buffers, nutrient management, and stream protection practices such as fencing, stream crossings, and remote watering devices.
Does not include a shoreline erosion control measure authorized by the Department of the Environment under COMAR 26.24.04.
Means a nonpossessory interest in land which restricts the conversion of use of the land, preventing nonagricultural uses.
Means an activity related to the production or management of livestock, crops, vegetation, or soil.
Includes:
Tillage, harvest, fertilization, pest management, cropping, pasturing, or production of an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, and fiber; and
An activity that directly contributes to the production, conversion, processing, storage, or sale of agricultural products primarily generated on-site.
Means fish that travel upstream (from their primary habitat in the ocean) to fresh water in order to spawn.
Means those streams that are tributary to the Chesapeake Bay and Atlantic Coastal Bays where spawning of anadromous species of fish (e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.
Means the commercial rearing of fish or aquatic plants for sale, trade, barter, or shipment.
Means unmanaged land having sparse vegetation.
Means 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.
Means an area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance.
Means an area that:
Based on conditions present at the time of development, is immediately landward from mean high water of tidal waters, the edge of each bank of a tributary stream, or the landward boundary of a tidal wetland; and
Exists or may be established in natural vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial environment from human disturbance.
Includes an area of:
At least 100 feet, even if that area was previously disturbed by human activity; and
Expansion for contiguous areas, including a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a nontidal wetland of special state concern as defined in COMAR 26.23.01.01.
Means an area at least 25 feet wide, located between development activity and tidal waters, tidal wetlands, or a tributary stream, planted with vegetation consisting of native canopy trees, understory trees, shrubs, and perennial herbaceous plants that is used in Modified Buffer Areas to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits.
Means the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
Means a tree that, when mature, reaches a height of at least 35 feet.
Means the removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man.
Means the capacity of a natural system to maintain function in the face of stresses imposed by climate change.
Climate resiliency includes adapting a natural system to be better prepared for future climate impacts, including sea level rise, saltwater intrusion, wetland migration, storm surge, precipitation-induced flooding, and other extreme weather events.
Means 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 or other open space uses on the remainder.
Means the Code of Maryland Regulations, as from time to time amended, including any successor provisions.
Means a commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.
Means a compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the local jurisdiction, including, but not limited to, its population, housing, economics, social patterns, land uses, water resources and their use, transportation facilities and public facilities prepared by or for the planning board, agency or office.
Means a nonpossessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.
Means that a standard or factor will further, and not be contrary to, the following items in the Comprehensive Plan:
Means a combination of any legal parcels of land or recorded, legally buildable lots into fewer parcels or lots.
Includes any term used by a local jurisdiction for a development application that proposes to combine legal parcels of land or recorded, legally buildable lots into fewer parcels or lots than the number that existed before the application, such as a subdivision, lot line abandonment, boundary line adjustment, replatting request, or lot line adjustment.
Means the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area except areas excluded under Natural Resources Article, § 8-1807(d), Annotated Code of Maryland.
Includes:
The initial planning area of the Chesapeake Bay Critical Area consisting of all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the state wetlands maps, and all state and private wetlands designated under Title 16 of the Environment Article;
The initial planning area of the Atlantic Coastal Bays Critical Area consisting of all waters of and lands under the Coastal Bays and their tributaries to the head of tide as indicated on the state wetlands maps, and all state and private wetlands designated under Title 16 of the Environment Article;
Except in accordance with Subsection B(4), all water and land areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article;
All water and land areas within 1,000 feet beyond the landward boundaries of state or private wetlands as shown on the Statewide Base Map in accordance with Ch. 119, Acts of 2008, where the process of transition from reliance on the state wetlands maps to the statewide base maps has occurred and these maps were approved by the Commission; and
Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in Natural Resources Article, § 8-1807, Annotated Code of Maryland.
Means the total number of growth allocation acres that are necessary for approval of a growth allocation project and, after approval by the Commission, are subtracted from the growth allocation reserves of the local jurisdiction in which the project is located.
Means the number of dwelling units per acre within a defined and measurable area.
Means an area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial or recreational development.
Means a person who undertakes development activity as defined in this ordinance; or a person who undertakes development activity as defined in the criteria of the Commission.
Means any activity that materially affects the condition or use of dry land, land under water, or any structure. "Development" includes redevelopment.
Means human activity that results in disturbance to land, natural vegetation, or a structure.
Means an alteration or change to the land. It includes any amount of clearing, grading, or construction activity. "Disturbance" does not include gardening or maintenance of an existing grass lawn.
Means a single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. "Dwelling unit" includes a living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a caretaker residence.
Means a more or less self-contained biological community together with the physical environment in which the community's organisms occur.
Means a species of flora or fauna whose continued viability is determined to be in jeopardy, in accordance with the provisions of:
Means the planting or regeneration of native vegetation throughout the Buffer.
Means all increases in stormwater resulting from:
An increase in the lot coverage on the site, including all additions to buildings, roads, and parking lots;
Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
Alteration of drainageways or regrading of slopes;
Destruction of forest; or
Installation of collection systems to intercept street flows or to replace swales or other drainageways.
Means a performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the county.
Means a commercial water-dependent fishery operation, including a structure for the packing, processing, canning, or freezing of finfish, crustaceans, or mollusks.
Includes a location where an activity related to a commercial water-dependent fishery operation occurs, such as wholesale and retail sale, product storage, crab shedding, off-loading, shellfish culture, or a shore-based facility necessary for an aquaculture operation.
Means species of birds that require relatively large forested tracts in order to breed successfully, such as various species of flycatchers, warblers, vireos, and woodpeckers.
Means the protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.
Means the alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.
Means the Buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.
Means a parcel of land that was created or a lot created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.
Means the number of acres of land in the Critical Area that the county may use, or allocate to municipal jurisdictions to use, to create new Intensely Developed Areas and new Limited Development Areas. The Growth Allocation is 5% of the total Resource Conservation Area acreage in the county at the time the Critical Area Commission approved the county's original Critical Area Program, not including tidal wetlands or land owned by the federal government.
Means all of the proposed components of a growth allocation that are necessary to serve the proposed development, including an individually owned lot, lot coverage, a road, a utility, a stormwater management measure, an on-site sewage disposal measure, an active recreation area, and additional acreage needed to meet the development requirements of the Critical Area criteria.
Includes:
The Buffer as described in COMAR 27.01.01.01B(8);
A nontidal wetland as defined in COMAR 26.24.01.02B;
A habitat of a threatened species as defined in COMAR 27.01.09.03A;[2]
A habitat of an endangered species as defined in COMAR 27.01.09.03A;
A habitat of a species in need of conservation as defined in COMAR 27.01.09.03A;
A plant habitat as defined in COMAR 27.01.09.04A;[3]
A wildlife habitat as defined in COMAR 27.01.09.04A; and
Anadromous fish propagation waters as defined in COMAR 27.01.09.05A.
Means a plan that provides for the protection and conservation of the species and habitats identified as Habitat Protection Areas in the Critical Area. The plan shall be specific to the site or area where the species or its habitat is located and shall address all aspects of a proposed development activity that may affect the continued presence of the species. These include, but are not limited to, cutting, clearing, alterations of natural hydrology, and increases in lot coverage. In developing the plan, an applicant shall coordinate with the Department of Natural Resources to ensure that the plan is adequate to provide for long-term conservation and can be effectively implemented on the specific site.
Means:
A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion; or
Based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or significantly increase the likelihood of soil erosion.
Does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished:
Means those soils with a slope greater than 15% or those soils with a K value greater than .35 and with slopes greater than 5%.
Means the addition to or alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a building or part of a building that is used or designed to be used as a residence or dwelling place or a structure adjacent to that building; or an improvement to land adjacent to the building. Home improvement includes construction, improvement, or replacement, on land adjacent to the building, of a driveway, fall-out shelter, fence, garage, landscaping, deck, pier, porch, or swimming pool; a shore erosion control project, as defined under § 8-1001 of the Natural Resources Article, for a residential property; connection, installation, or replacement, in the building or structure, of a dishwasher, disposal, or refrigerator with an icemaker to existing exposed household plumbing lines; installation in the building or structure, of an awning, fire alarm, or storm window; and work done on individual condominium units.
Means soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils.
Means those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).
Means a father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter or sibling.
Means the removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint area, width, and length.
Means an area of at least 20 acres or the entire upland portion of the critical area within a municipal corporation, whichever is less, where: residential, commercial, institutional, or industrial developed land uses predominate; and a relatively small amount of natural habitat occurs. These areas include: an area with a housing density of at least four dwelling units per acre; an area with public water and sewer systems with a housing density of more than three dwelling units per acre.
Means 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.
Means a type of plant that is non-native to the ecosystem under consideration and whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.
Means the soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
Means any activity that removes the vegetative ground cover.
Means the raising of fish or shellfish in any natural or man-made, enclosed or impounded, water body.
Means feature of the earth's surface created by natural causes.
Means the limit of a site feature that is farthest away from a tidal water, tidal wetland, or tributary stream.
Means a shrub that, when mature, reaches a height of at least six feet.
Means all physical improvements to a property that existed before Critical Area Commission approval of a local program, or were properly permitted in accordance with the provisions of the local program in effect at the time of construction.
Means the area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.
Includes an area:
With a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre;
With a public water or sewer system;
That is not dominated by agricultural land, wetland, forest, barren land, surface water, or open space; or
That is less than 20 acres and otherwise qualifies as an Intensely Developed Area under the definition in this chapter.
Means a suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components.
Means development of a minor scale, which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located; does not substantially affect the Critical Area Program of the county; and is not considered to be major development as defined in this chapter.
Means a plant or wildlife habitat that may not be of statewide significance but, in a local jurisdiction's Critical Area Program, is considered to be significant in a local or regional context because the habitat contains a species:
Means a type of Buffer Management Plan and all supporting documentation required under this Chapter 290.
Means development of a scale that may cause state-wide, regional, or interjurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area Program of a local jurisdiction. This development includes, but is not limited to, airports, power plants, major solar energy generating systems, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities, and any development or project authorized by the Public Service Commission under a Certificate of Public Convenience and Necessity.
Means the average level of high tides at a given location.
Means any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell, soil, and stone. The term does not include coal.
Means a type of Buffer Management Plan and all supporting documentation required under this Chapter 290.
Means an action taken to compensate for adverse impacts to the environment resulting from a development activity or a change in land use or intensity.
Means an area of land:
Where a pattern of residential, industrial, commercial, or recreational development existed in the 100-foot Buffer on December 1, 1985, in the Chesapeake Bay Critical Area or on June 1, 2002, in the Atlantic Coastal Bays Critical Area; and
That, as part of a local program approved by the Commission, is shown on a map maintained on file by the local jurisdiction and is subject to modified development provisions.
Includes an area referred to by a local jurisdiction as a buffer exemption area, buffer exempted area, buffer modification area, buffer management area, buffer management overlay, buffer modified area, special buffer management area, special buffer area, or any other similar term that has the same substantive meaning as modified buffer area.
Means a species that is indigenous to the physiographic area in Maryland where the planting is proposed.
Means components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.
Means vegetation consisting of canopy trees, understory trees, shrubs, and herbaceous plants that are typically found in riparian areas in the State of Maryland. Areas of natural forest vegetation planted to meet the mitigation requirements in this ordinance shall resemble the structure and species composition of natural forests.
Means any communities of plants or animals which are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.
Means areas of natural habitat that provide opportunities for those recreational activities that are compatible with the maintenance of natural conditions.
Means the natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.
Means those plant communities that develop in the absence of human activities.
Means a condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.
Means any residential or mixed use zone of Town that is identified and is fully defined by a separately enclosed residential or mixed use zone on the official Chesapeake Beach Zoning Map.
Means, that for purposes of implementing specific provisions of this ordinance, new development (as opposed to redevelopment) is a development activity that takes place on a property with predevelopment imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.
Means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over state or private wetlands.
Includes:
Does not include:
A fuel pump or other fuel-dispensing equipment on a pier;
A sanitary sewage pump or other wastewater removal equipment on a pier; or
An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.
Means pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Nonpoint source pollution is not generally corrected by "end-of-pipe" treatment, but rather, by changes in land management practices.
Means:
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation";
Is determined according to the Federal Manual;
Does not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
Means structures or actions that compensate for undesirable impacts.
Means land and water areas retained in an essentially undeveloped state.
Means the strata or material overlying a mineral deposit, or in between mineral deposits in its natural state, and before its removal by surface mining.
Means a material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity.
Includes:
Construction or installation of any material that will result in lot coverage;
Construction of a deck;
Except under Subsection B of the definition of "temporary disturbance," grading;
Except under Subsection B(2) of the definition of "temporary disturbance," clearing of a tree, forest, or developed woodland; and
A septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required.
Does not include a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.
Means an individual, partnership, corporation, contractor, property owner, or any other person or entity.
Means the soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
Means a community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.
Means a facility or area established or designated by the state or local jurisdiction for the purpose of waterborne commerce.
Means the primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling.
Means the cutting and removal of trees for personal use.
Means any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.
Means any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in a manner consistent with the adopted program, or that will not significantly affect the use of land or water in the Critical Area. Program refinement may include:
A change to an adopted program that results from state law;
A change to an adopted program that affects local processes and procedures;
A change to a local ordinance or code that clarifies an existing provision; and
A minor change to an element of an adopted program that is clearly consistent with the provisions of state Critical Area law and all the criteria of the Commission.
Means the approval of development, other than development by the state or local government, in the Critical Area by the appropriate local approval authority. The term includes approval of preliminary and final subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not include building permits.
Means a person holding title to a property or two or more persons holding title to a property under any form of joint ownership.
Means shore-dependent recreation facilities or activities provided by public agencies that are available to the general public.
Means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding areas, including ponds.
Means a change of the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lots.
Includes any term used by a local jurisdiction for a development application that proposes to change the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded, legally buildable lot that existed before the application, such as a subdivision, lot line adjustment, boundary line adjustment, replatting request, or a revision of acreage to increase density.
Means the process of developing land which is or has been developed. For purposes of implementing specific provisions of this ordinance, redevelopment (as opposed to new development) means a development activity that takes place on property with pre-development imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
Means the establishment of a forest through artificial reproduction or natural regeneration.
Means an area that is characterized by nature-dominated environments, such as wetlands, surface water, forests, and open space; and resource-based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource Conservation Areas include areas with a housing density of less than one dwelling per five acres.
Means any and all activities associated with the utilization of natural resources, such as agriculture, forestry, surface mining, aquaculture, and fisheries activities.
Means the act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.
Means a habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
Means a public thoroughfare under the jurisdiction of the state, a county, a municipal corporation, or any other public body. "Road" does not include a drive aisle or driveway.
Means a condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.
Means the removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
Means those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area.
Means areas that erode two feet or more per year.
Means a type of Buffer Management Plan and all supporting documentation required under this Chapter 290.
Means a shrub that, when mature, reaches a height of up to six feet.
Means an agricultural plan approved by a local soil conservation district to minimize soil erosion and the movement of sediment, animal waste, nutrients, or agricultural chemicals into waters of the state.
Means a species of fauna determined by the Secretary of Natural Resources to be in need of conservation measures for its continued ability to sustain itself successfully, in accordance with the provisions of:
Means the overburden and reject materials as piled or deposited in surface mining.
Means slopes of 15% or greater incline.
Means building or construction materials, or a combination of those materials, that are purposely assembled or joined together on or over land or water.
Includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, and shelter for the purpose of marine access, navigation, working, eating, sleeping, or recreating.
Means any repair, reconstruction, or improvement of a principal structure, with a proposed total footprint is at least 50% greater than that of the structure that is the subject of the application.
Means a description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a buffer if natural regeneration does not meet the required stem density.
Means:
The breaking of surface soil located in the Critical Area in order to extract or remove a mineral;
An activity or process that is part of the method of extraction or removal of a mineral from its original location in the Critical Area; and
The extraction or removal of sand, gravel, rock, stone, earth, or fill from a borrow pit for the purpose of constructing a road or another public facility.
Includes:
An activity related to the processing of a mineral at the site of extraction or removal;
Extraction or removal of overburden and mining of a limited amount of a mineral when done for the purpose of prospecting, to the extent necessary, for the purpose of determining the location, quantity, or quality of a natural deposit; and
A mining activity.
Does not include an activity or process that is excluded under the provisions of Environment Article, § 15-807, Annotated Code of Maryland, or COMAR 26.21.01.08.
Means a short-term change in the landscape that occurs as part of a development or redevelopment activity.
Includes:
Storage of materials that are necessary for the completion of the development or redevelopment activity;
Construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the development or redevelopment activity and the area is restored to its previous vegetative condition;
Grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity; and
Locating a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.
Means a species of flora or fauna that appears likely within the foreseeable future to become endangered, including a species determined to be a threatened species in accordance with the provisions of:
Means the existing configuration of the earth's surface, including the relative relief, elevation, and position of land features.
Means a plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
Means anything that is built, installed, or established to provide a means of transport from one place to another.
Means a large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.
Means a perennial stream or intermittent stream within the Critical Area that has been identified by site inspection or in accordance with local program procedures approved by the Critical Area Commission.
Means the layer of forest vegetation typically located underneath the forest canopy.
Means a tree that, when mature, reaches a height of 12 and 35 feet.
Means that without a variance, an applicant shall be denied reasonable and significant use of the entire parcel or lot for which the variance is requested."
Means the landward edge of a tidal wetland or nontidal wetland.
Means fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.
Means every description of watercraft, including an ice boat but not including a seaplane, that is used or capable of being used as a means of transportation on water or ice. Vessel includes the motor, spars, sails, and accessories of a vessel.
Means a structure or activity that, by reason of its intrinsic nature or operation or because of its association with an industrial, maritime, recreational, educational, aquaculture, or fishery activity, is dependent on the water and requires location at or near the shoreline or in the buffer.
Includes:
A port;
An intake or outfall structure;
A marina, another boat-docking facility, or a structure or activity that is essential to the operation of the water-dependent facility, structure, or activity;
A fuel pump or other fuel-dispensing equipment on a pier, a sanitary sewage pump or other wastewater removal equipment on a pier, and an office on a pier for managing marina operations, such as monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations;
A public beach and any other public water-oriented recreation area; and
Any other water-dependent facility or activity that supports water quality restoration in the Chesapeake Bay, the Atlantic Coastal Bays, or their watersheds.
Means a species of birds that frequents and often swims in water, nests and raises its young near water, and derive at least part of its food from aquatic plants and animals.
Means an area of open water and adjacent marshes where, as documented by the Department of Natural Resources, waterfowl gather during migration and throughout the winter season.
Means a strip of land having vegetation that provides habitat and safe passageway for wildlife.
Means a plant community and physiographic features that provide food, water, cover, nesting, and foraging or feeding condition necessary to maintain a population of animals in the Critical Area, as described in COMAR 27.01.09.04.
[2]
Editor's Note: COMAR 27.01.09.03A was repealed effective 11-4-2019.
[3]
Editor's Note: COMAR 27.01.09.04A was repealed effective 11-4-2019.