As used in this chapter, the following terms shall have the meanings indicated:
ABATEMENTThe act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.
ACCESSORY APARTMENTA dwelling unit located above the first floor of the principal structure on a lot or parcel of land, which dwelling is an accessory use to commercial or office use, which is the principal use located on the first floor of the same structure.
ACCESSORY DWELLING UNIT (ADU)A smaller, independent residential dwelling unit located on the same lot as a stand-alone, detached single-family home. Accessory dwelling units may be contained within the principal structure, be a separate stand-alone structure, or be in a separate accessory structure.
ACCESSORY STRUCTUREA structure that is detached from the principal structure, located on the same lot, and clearly incidental and subordinate to a principal structure, or if there is no principal structure on the lot, a structure that is customarily incidental and subordinate to a principal structure.
ACCESSORY USE OR STRUCTUREA structure or use that:
A. Is clearly incidental to and customarily found in connection with a principal building or use;
B. Is subordinate to and serves a principal building or a principal use;
C. Is subordinate in area, extent, or purpose to the principal building or principal use served;
D. Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and
E. Is located on the same lot as the principal building or use served.
ACREA commonly referred to measure of an area, which equals 43,560 square feet.
ACREAGEAn amount of land, regardless of area, described by metes and bounds, which is not a numbered lot on any recorded subdivision.
ACTIVE ADULT COMMUNITYAn active adult community comprised of people 55 years of age or older, which provides maintenance-free living, proximity to desirable attractions, and a range of on-site activities and amenities. Active adult communities may include single-family homes, condominiums, townhomes, or multifamily dwellings. Such communities may offer designated dining areas and clubhouses.
ACTIVITYAny business, industry, trade, occupation, vocation, profession, or other use conducted or carried on either within a building or covered area or outdoors on any tract or parcel of land. For zoning purposes, an activity shall be considered separately from any building or structure in which such activity may be conducted.
ADDITIONA newly constructed area that increases the size of a structure.
ADULT DAY-CARE CENTERAn establishment that offers social, recreational, and health-related services to individuals in a protective setting who cannot be left alone during the day because of health care and social needs, confusion, or disability.
ADULT-ORIENTED BUSINESSA. Any business, operation, or activity, a significant amount of which consists of:
(1) The conduct, promotion, delivery, provision, or performance of adult entertainment or material, including, but not limited to, that occurring in, at, or in connection with a cabaret, lounge, nightclub, modeling studio, bar restaurant, club or lodge, or other establishment; or
(2) The sale, provision, rental, or promotion of adult entertainment or material in any format, form, or medium, including, but not limited to, books, magazines, videos, DVDs, CDs, sexual devices, movies, photographs, and/or coin-operated or pay-per-view viewing devices, including, but not limited to, the operation of an adult book or video store or viewing booth.
B. For this definition, the term "significant" shall have the meaning set forth in §
30-1 of the Denton Town Code.
AFFORESTATIONThe establishment of a tree crop in an area from which it has always or very long been absent or the planting of open areas that are not presently in forest cover.
AGRICULTURAL EASEMENTA nonpossessory interest in land that restricts the conversion of use of the land, preventing nonagricultural uses.
AGRICULTUREAll methods of production and management of livestock, crops, vegetation, orchards, groves, nurseries, and soil. Methods include, but are 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 keeping or raising for sale of large or small animals, reptiles, fish, or birds, and feeding, housing, and maintaining animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products.
ALLEYA public or private right-of-way primarily designated to serve as secondary access to the side or rear of those properties whose principal frontage is on some other public way.
ALTERATIONAny change in the total floor area, use adaptability, or external appearance of an existing structure.
AMEND or AMENDMENTSAny repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof, or addition to that.
ANADROMOUS FISHFish that travel upstream (from their primary habitat in the ocean) to freshwater to spawn.
ANADROMOUS FISH PROPAGATION WATERSThose streams that are tributary to the Chesapeake Bay and Atlantic Coastal bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The Department of Natural Resources identifies the streams.
ANTENNAEquipment designed to transmit or receive electronic signals.
APARTMENTA part of a building containing cooking facilities consisting of a room or group of rooms intended, designed, and used as a residence by an individual or a single family.
AQUACULTUREThe farming or culturing of finfish, shellfish, other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments. Activities include the hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and longlines, seaweed floats, and the culture of clams and oysters on tidelands and subtidal areas. For this definition, related activities such as wholesale and retail sales, processing, and product storage facilities are not considered aquacultural practices.
ARBORISTAn expert in the cultivation and care of trees.
AREA, GROSS, or GROSS SITE AREAAll the areas within a development plan or plat, including areas intended for residential use, local access streets or alleys, off-street parking spaces, open spaces, recreation areas, or floodplains.
AREA, NET or NET SITE AREARemaining area, after deducting from gross area any area associated with a one-hundred-year nontidal floodplain, steep slopes, certain forest stands, FIDs habitat, tidal and nontidal wetlands, stream buffers, threatened or endangered species habitat, hydric soils where septic systems are necessary, Critical Area buffer or any other environmental constraint, important historic or archaeological site or structure, preexisting or required easement of any kind, or any public access as identified in the Comprehensive Plan transportation chapter.
ASSISTED LIVINGA residential or facility-based provider that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination of these services to meet the needs of residents who are unable to perform or who need assistance in performing the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for the residents.
AUCTION HOUSEAn establishment where goods are received for public sale to the highest bidder.
BARREN LANDUnmanaged land having little or no vegetation.
BASE FLOODThe flood having a one-percent chance of being equaled or exceeded in any given year. It is also known as the "one-hundred-year flood."
BASEMENTThat portion of a building between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.
BED-AND-BREAKFAST FACILITYA private owner-occupied home in which bedrooms are rented to tourists or travelers and in which breakfast is provided and included in the room rate.
BEST MANAGEMENT PRACTICES (BMPs)Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxic substances, and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures.
BIG BOX STORE (also: "supercenter," "superstore," or "megastore")Large, freestanding, rectangular, generally single-floor, flat-roof structure built on a concrete slab with floor space several times greater than traditional retailers (generally more than 50,000 square feet and sometimes approaching 200,000 square feet) and providing a large amount of merchandise. Examples include Walmart, Target, Best Buy, and Barnes & Noble.
BLIGHTED AREAAny area that endangers the public health, safety, or welfare, or an area that is detrimental to the public health, safety, or welfare because commercial, industrial, or residential structures or improvements are dilapidated, deteriorated, or because such structures or improvements violate the minimum health and safety standards as determined by the Director of Planning and Codes, Building Official, or designee.
BLIGHTED PROPERTYAny individual commercial, industrial, or residential structure, improvement, or lot that is an endangerment to the public health, safety, or welfare because the structure, improvement, or lot is dilapidated, deteriorated, or violates the minimum health and safety standards.
BOARDThe Board of Appeals of the Town of Denton which is authorized to grant special exceptions and variances and to hear appeals from administrative decisions as provided in this chapter.
BOARDING SCHOOLA school at which meals and overnight lodging are provided on site.
BOARDINGHOUSEA building other than a hotel or apartment hotel where, for compensation and by prearrangement for definite periods, meals or lodging are provided for three or more persons but not exceeding 15 persons.
BONA FIDE INTRAFAMILY TRANSFERA 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.
BREEZEWAYA structure extensively open, except for a roof and supporting columns, which connects a residence and an accessory building on the same lot.
BREWPUBA restaurant and/or bar that possesses a State of Maryland Class 6 pub-brewery license or a Class 7 microbrewery license.
BUFFERA. 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
B. Exists or may be established in natural vegetation to protect a stream, tidal wetland, tidal waters, or terrestrial environment from human disturbance.
C. Buffer includes an area of:
(1) At least 100 feet, even if that area was previously disturbed by human activity; and
(2) 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.
BUFFER MANAGEMENT AREA (BMA)An area officially mapped by the Town and approved by the Critical Area Commission as a BMA, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development prevents the buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific BMA provisions can be permitted in the buffer without a variance.
BUFFER MANAGEMENT PLANA plan designed and intended to describe methods and means used to protect and enhance the buffer to provide multiple benefits that are necessary when a development activity will affect a portion of the buffer, alter buffer vegetation, or require the establishment of a portion of the buffer in vegetation. The definition includes a major buffer management plan, a minor buffer management plan, and a simplified buffer management plan.
BUFFERYARDAn area within a Buffer Management Area that is at least 25 feet wide, located between development activity and tidal waters, tidal wetlands, or a tributary stream that is planted with vegetation consisting of native canopy trees, understory trees, shrubs, and perennial herbaceous plants in order to provide water quality and habitat benefits. This area is to be managed and maintained in a manner that optimizes these benefits.
BUILDABLE WIDTHThe width of that part of a lot that is not included within the side setbacks herein required.
BUILDINGAny structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING ENVELOPEThe area formed by the front, side, and rear building restriction or setback lines of a lot within which the principal buildings must be located.
BUILDING LINEA line beyond which the foundation wall and/or any porch, vestibule, or other portion of a building shall not project unless otherwise provided for in this chapter.
BUILDING OFFICIALThe governmental official of the Town of Denton that is charged with administering the Town's Building Code and issuing building permits or his or her designee.
BUILDING PERMITA formal approval of building plans issued by the Building Official as meeting the applicable zoning and code requirements and authorizing construction or reconfiguration of a specific structure on a site in accordance with the approved drawings and specifications.
BUILDING, HEIGHT OFThe vertical distance from the highest point of a structure, except the chimney, antenna, or satellite dish on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.
CALIPERThe diameter of a tree measured at two inches above the root collar.
CANNABISAll parts of any plant of the genus cannabis, whether growing or not, including:
B. The resin extracted from any part of the plant and
C. Any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction.
CANNABIS DISPENSARYan entity licensed by the Maryland Cannabis Administration that acquires, possesses, repackages, processes, transfers, transports, sells, distributes, or dispenses products containing cannabis, related supplies, related products including tinctures, aerosols, oils, or ointments, or educational materials for use by a qualifying patient or caregiver.
CANNABIS ENTERPRISEA. An entity licensed by the State of Maryland to acquire, possess, repackage, process, transfer, transport, sell, distribute, dispense, or dispose of products containing cannabis, related supplies, related products, including tinctures, aerosols, oils or ointments, or educational materials. This definition includes medical marijuana dispensaries.
B. All other relevant terms are defined in Title 14 Independent Agencies, Subtitle 17 Maryland Cannabis Administration, 14.17.01 Definitions.
CANNABIS GROWING FACILITYan entity that cultivates, manufactures, packages, or distributes cannabis to licensed processors, licensed dispensaries, or registered independent testing laboratories.
CANNABIS PROCESSING FACILITYan entity licensed by the Maryland Cannabis Administration that (a) transforms the cannabis into another product or extract and (b) packages and labels cannabis.
CANOPYA roof-like structure of a permanent nature that may be freestanding or projected from a wall of a building or its supports.
CANOPY TREEA tree that, when mature, commonly reaches a height of at least 35 feet.
CERTIFYWhenever this chapter requires that some agency certify the existence of some fact or circumstance to the Town, the Town may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the preceding, the Town may accept certification by telephone from some agency when the circumstances warrant it, or the Town may require that the certification be in the form of a letter or other document.
CHILD-CARE CENTERAn agency, institution, or establishment that provides nonparental care for children for part of a twenty-four-hour day, not in the child's own home, in a group setting such as a child-care center, preschool, child development center, nursery school, before-school and after-school program, school-age child-care, or early learning center, by whatever name known, under private, nonprofit, proprietary, public, or religious auspices except as otherwise provided for in law or regulation, and is regulated by the requirements of Title 13A Maryland State Department of Education Child Care Centers under the Code of Maryland Regulations (COMAR).
CHILD-CARE INSTITUTIONAn institutional facility housing more than nine orphaned, abandoned, dependent, abused, or neglected children.
CHILD-CARE, FAMILYA residence other than the child's home used by the owner or tenant to provide paid care, on a regular basis, for one or more children who are not related to the owner or tenant, on a regular basis and which is regulated by the requirements of Title 13A Maryland State Department of Education under the Code of Maryland Regulations (COMAR).
CIRCULATION AREAThat portion of the vehicle accommodation area that is used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
CLEAR-CUTTINGThe 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 planting of seeds or seedlings by man.
CLIMATE RESILIENCYThe 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.
CLINIC, HEALTH, AND DENTAL CAREAn office building or a group of offices for one or more physicians, surgeons, dentists, or other health or dental care practitioners engaged in the treatment of physically ill or injured patients, patients in need of routine dental or orthodontic care, or patients in need of outpatient mental health care, but not including rooms for overnight patients.
CLINIC, SUBSTANCE ABUSEAn office building or a group of offices for one or more physicians, psychologists, social workers, or substance abuse counselors engaged in the treatment of chronic substance abuse that may include the dispensing of prescribed substitutes for illegal controlled substances.
CLUB, PRIVATEBuildings and facilities owned or operated by a corporation, limited-liability company, association, person, or persons for social, educational, or recreational purposes, but not primarily for profit which accrues to any individual and not primarily to render a service which is customarily carried on by a business.
CLUSTER DEVELOPMENTA residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide more natural habitat or other open space uses on the remainder.
COFFEE ROASTINGA facility in which unprocessed, green coffee may be sorted, roasted, processed, or packaged for use and consumption.
COLONIAL NESTING WATER BIRDSHerons, egrets, terns, and glossy ibis. For nesting, these birds congregate (that is, "colonize") in relatively few areas, at which time the regional populations of these species are highly susceptible to local disturbances.
COMARThe Code of Maryland Regulations, as from time to time amended, including any successor provisions.
COMBINATION USEA use consisting of a combination of one lot of two or more principal uses separately listed in the Official Permitted Uses Table. (Under some circumstances, a second principal use may be regarded as an accessory to the first, and thus, a combination use is not established. In addition, when two or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)
COMMERCIALA type of activity where goods or services are sold or traded with the expectation of profit or gain.
COMMERCIAL SHOPPING CENTER or SHOPPING CENTERA group of retail and other commercial establishments that are planned, developed, owned, and managed as a single property. The two main configurations are malls and open-air strip centers.
COMMISSIONThe Planning Commission of the Town of Denton.
COMMON AREAAny open space, private road, or other land, structure, or improvement that is designed or reserved for the common use or benefit of the owners of two or more lots. "Common area" does not include any public road or other lands, structure, or improvement owned by the Town, the State of Maryland, or any other governmental agency.
COMMON OPEN SPACE or OPEN SPACEA parcel or parcels of land, an area of water, or a combination of land and water, including floodplain and wetland areas, within a development site, designed and intended for the use and enjoyment of residents of the development and, where designated, the community at large. The area of parking facilities serving the activities in the common open space may be included in the required area computations. Common open space shall not include:
A. The land area of lots allocated for single-family detached dwellings, single-family semidetached dwellings, and duplex dwellings, including front yards, side yards, and rear yards, whether or not the dwellings are sold or rented.
B. The land area of lots allocated for apartment and townhouse dwelling construction, including front yards, side yards, rear yards, interior yards, and off-street parking facilities, whether or not the dwellings are sold or rented.
C. The land area of lots allocated for total commercial use, including front yards, side yards, rear yards, and parking facilities, whether or not the commercial facilities are sold or rented.
D. The land area of lots allocated for public and semipublic uses, community clubs, and community facilities, including open space for playgrounds and athletic fields which are a part of the principal use (e.g., a school or church site) and front yards, side yards, rear yards, and other open space around the buildings; and parking facilities, whether or not the public or semipublic use sites are sold or rented.
E. Street rights-of-way, parkways, driveways, off-street parking, and service areas, except the landscaped central median of boulevards.
F. Rights-of-way easement areas, such as electric transmission lines, whether above or below ground or propane or natural gas lines.
G. Stormwater management facilities.
COMMUNITY PIERSBoat-docking facilities associated with subdivisions and other similar residential areas, condominiums, and apartments. Private piers are excluded from this definition.
COMPREHENSIVE or MASTER PLANA 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 adopted by the Planning Commission and Town Council.
CONDOMINIUMA form of ownership consisting of an undivided interest in common with other owners in a portion of a parcel of real property, together with a separate interest in space in a building, such as a townhouse, apartment, or office, established pursuant to Maryland law. A condominium may include, in addition, a separate interest in other portions of such real property.
CONSERVATION EASEMENTA nonpossessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.
CONSOLIDATIONA combination of any legal parcels of land or recorded, legally buildable lots into fewer parcels or lots.
CONVALESCENT, NURSING, OR REST HOMEAny institution, whether conducted for charity or profit, which is advertised, announced, or maintained for the express or implied purpose of caring for two or more nonrelated persons admitted to it for nursing care given because of prolonged illness or defect or during the recovery from injury or disease, and includes any of the procedures commonly employed in waiting on the sick, such as administration of medicine, preparation of special diets, giving of bedside care, application of dressing and bandages, and the carrying out of treatments prescribed by a duly licensed practitioner of medicine.
CONVENIENCE SERVICE AREAAn area of services offered to persons living within a particular development, e.g., a coin-operated laundry, to be confined inside of a building within a particular development, limited to an area not to exceed 1% of the total gross floor space within the said building, and for the sole use of the particular development.
CONVENIENCE STOREA one-story retail store that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depend upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the Fast Fare, 7-11, and Pantry chains.
COOPA small house where female chickens are kept safe and secure with perches and nesting boxes.
COURTAn unoccupied open space, other than a yard, on the same lot as a building, which is bounded on two or more sides by the walls of such a building.
COVENANTA written undertaking by an owner that is required by this chapter or imposed by the Planning Commission in accordance with authorization contained in this chapter.
COVENANTORA person who owns legal or equitable title to any land that is affected in any manner by a covenant and includes a person who holds any mortgage, deed of trust, or other lien or encumbrance on any such land.
COVER CROPThe establishment of a vegetative cover to protect soils from erosion and to restrict pollutants and sediments from entering the waterways. Cover crops can be dense, planted crops of grasses or legumes or crop residues such as corn, wheat, or soybean stubble, which maximize infiltration and prevent runoff from reaching erosive velocities.
COVERAGEThe percentage of the lot covered by buildings and structures. In the Critical Area, see Lot Coverage.
CRITICAL AREAAll lands and waters defined in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
A. They include:
(1) All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide as indicated on state wetland maps;
(2) All state and private wetlands designated under Title 16 of the Environment Article, Annotated Code of Maryland;
(3) All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article, Annotated Code of Maryland; and
(4) Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in § 8-1807 of the Natural Resources Article, Annotated Code of Maryland.
B. Official maps delineating Critical Areas within the Town of Denton are available for inspection at the Denton Town office.
CRITICAL AREA COMMISSION (CAC)Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, the body created as per § 8-1803 of the Annotated Code of Maryland and appointed by the governor whose responsibility includes the adoption of regulations and criteria for implementation of the State of Maryland's Critical Area policies.
CRITICAL AREA PROGRAMThe Denton Critical Area Program consists of Chapter
128, Zoning, Chapter
73, Subdivision Regulations, and any other development regulation in the Town of Denton Code intended to implement the Critical Area Law and Regulations.
DEDICATIONThe transfer of property from private to public ownership as may be required to provide for the public health, safety, or welfare.
DEED RESTRICTIONA private legal restriction and/or covenant on the use of land contained within a deed of property or otherwise formally recorded in the Land Records of Caroline County, Maryland. These restrictions or covenants are designed to control the use of specific property, and enforcement of these is through private civil action. The Town of Denton does not enforce deed restrictions unless it is the Town of Denton, Maryland, that records said deed restrictions.
DENSITYThe number of principal dwelling units allowed per acre of net area of a development.
DERELICT STRUCTUREAny residential, commercial or industrial structure which is no longer being used for a place of habitation, business, or industry and which is in such poor condition as to cause blight upon the neighborhood in which any such structure is located.
DEVELOPED WOODLANDSAreas one acre or more in size that predominantly contain trees and natural vegetation and that also include residential, commercial, or industrial structures and uses.
DEVELOPERA person who undertakes development activity as defined in the Critical Area Program or a person who undertakes development activity that requires a zoning permit, conditional use permit, sign permit, site plan, or subdivision approval.
DEVELOPMENT ENVELOPEDeveloped portion of a parcel or tract of land that encompasses all lots, structures, required buffers exclusive of the tidewater buffer if it is at least 300 feet deep, impervious surfaces, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use as active recreation areas, and any additional acreage needed to meet the development requirements of the Denton Critical Area Program.
DEVELOPMENT or DEVELOPMENT ACTIVITIES (includes the term "develop")Any construction, modification, extension, or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land or action that results in construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land. Excavation or clearing in buffers is not permissible, even if a grading permit is not required.
DIMENSIONAL NONCONFORMITYA nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
DIRECTOR OF PLANNINGThe Director of Planning and Codes Administration, who is also the zoning administrative officer or an authorized representative designated by the Town Council to carry out duties as specified in this chapter.
DISABLED OR INFIRM HOMEA residence within a single dwelling unit for at least six but not more than nine persons who are physically or mentally disabled, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.
DISABLED PEOPLEPeople possessing physical or mental impairments that are expected to be of long-continued and indefinite duration, substantially impede the ability to live independently and are of such a nature that more suitable housing conditions could improve the ability to live independently.
DISTRICTAny section of the Town of Denton within which the zoning regulations are uniform.
DISTURBANCEAn alteration or change to the land. It includes any amount of clearing, grading, or construction activity. "Disturbance" does not include gardening or maintaining an existing grass lawn.
DOCUMENTED BREEDING BIRD AREASForested areas where the occurrence of interior dwelling birds during the breeding season has been demonstrated as a result of on-site surveys using standard biological survey techniques.
DRIVE-IN ESTABLISHMENTA place of business being operated for the retail sale of food and other goods, services, or entertainment. It is designed to allow its patrons to be served or accommodated while remaining in their automobiles or allow the consumption of any food or beverage obtained from a carry-out window in automobiles or elsewhere on the premises.
DRIVEWAYThat portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
DUPLEXA building that is divided into two dwelling units.
DWELLING UNITA 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. The dwelling unit may include an in-law or accessory apartment.
DWELLING, ATTACHEDA dwelling or dwelling unit that is joined to another dwelling or dwelling unit at one or more sides by a party wall or walls.
DWELLING, MULTIFAMILYA structure containing three or more dwelling units on a single parcel or contiguous parcels under the same ownership.
DWELLING, TWO-FAMILYA building containing two dwelling units. Examples are a detached dwelling containing two dwelling units or a duplex.
ECOSYSTEMA more or less self-contained biological community, together with the physical environment in which the community's organisms occur.
ELDERLY PEOPLEPeople who are 66 years of age or over or families where either the husband or wife is 66 years of age or older.
EMERGENCY SERVICESFire, rescue, ambulance, police, or CERT (Community Emergency Response Team) services, including related structures and activities.
ENCLOSUREAn area inside a fence where chickens are kept and allowed to walk around, including stationary or moveable enclosures known as "chicken tractors."
ENDANGERED SPECIESAny species of fish, wildlife, or plants that have been designated as such by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the state's resources is determined to be in jeopardy. This definition includes any species determined to be endangered species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
ENGINEERAn expert in civil engineering hired by the Town of Denton.
ENVIRONMENTAL ASSESSMENTA comprehensive report that describes the natural features and characteristics of a proposed development site, the changes that will occur as the result of proposed development activities on the site, the anticipated environmental impacts and consequences of the proposed development, and mitigation measures to be taken to minimize undesirable impacts to the environment.
ENVIRONMENTAL CONSTRAINTSFeatures, natural resources, or land characteristics that are susceptible to improvements and may require protection, preservation, and conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
ENVIRONMENTAL JUSTICEThe term has the meaning stated in § 1-701 of the Environment Article Annotated Code of Maryland.
EQUITYPromotion of justice, impartiality, and fairness within the procedures, processes, and distribution of resources by institutions or systems. Equity includes consideration of environmental burdens and benefits, identification of impacts and mitigation opportunities, increased representation in public participation, and provisions for public access to waterways.
EROSION AND SEDIMENT CONTROL (E&SC)Any structural or nonstructural practice or measure that protects soil particles from detaching by rain or wind and trapping any soil particles after having been detached and moved by rain or wind.
ESSENTIAL SERVICESFacilities such as wires, lines, cables, or pipes located in public ways or easements, provided for or on a customer's premises. Such essential services do not require a private right-of-way. They may be reasonably necessary for the furnishing of adequate water, sewer, gas, electric, telecommunications, or similar services to adjacent customers. They do not include any cross-country electric transmission lines, including microwave or any aboveground pipeline.
ESTABLISHMENTThe planting or regeneration of native vegetation throughout the buffer.
EXCESS STORMWATER RUN-OFFAll increases in stormwater resulting from:
A. An increase in the imperviousness or lot coverage of the site, including all additions to buildings, roads, and parking lots;
B. Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;
C. Alteration of drainage ways or regrading of slopes;
D. Destruction of a forest or
E. Installation of collection systems to intercept street flows or to replace swales or other drainage ways.
FAMILYAn individual; two or more persons related by blood, marriage, civil union, or adoption living together in a dwelling unit, and (unless the dwelling contains an accessory dwelling unit) may also include not more than two unrelated persons; or a group of not more than four persons who need not be related by blood, marriage, or adoption living together in a dwelling unit. A family may include five or fewer foster children placed in a family foster home licensed by the state.
FARMA parcel of land not less than 20 acres in size used for agriculture as defined in this subsection.
FARM ANIMALFor this chapter, shall include, but not be limited to: cows, horses, mules, donkeys, goats, sheep, hogs, llamas, chickens, turkeys, ducks, geese, and pigeons, or similar fowl or hooved animals.
FARMERS' MARKETAn outdoor commercial establishment sponsored, organized, and/or operated under the auspices of a unit of government wherein one or more operators sell agricultural products.
FEEDLOTAny tract of land or structure, pen or corral wherein cattle, sheep, goats, and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.
FENCE or WALLA barrier, other than natural vegetation, intended to mark a boundary or to enclose an area to provide screening or privacy.
FILLING STATIONAny building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories and where repair service, if any, is incidental.
FINANCIAL ASSURANCEA performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the Town of Denton.
FISHERIES ACTIVITIESCommercial water-dependent fisheries facilities, including structures for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians, and reptiles, and also including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations.
FISHERYA parcel or building where commercial water-dependent fishery facilities are located, including structures for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, amphibians, and reptiles, including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations.
FLAGAny cloth, bunting, or similar material containing distinctive colors, patterns, or symbols used as a symbol of patriotism, national, state, or local government or a religious group.
FLOODPLAINAny land area susceptible to being inundated by water from any source.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to pass the base flood discharge such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height.
FLOOR AREAA. For commercial business and industrial buildings or buildings containing mixed uses: the sum of the gross horizontal area of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, but not including attic space providing headroom of less than seven feet; basement space not used for retailing; uncovered steps or fire escapes; accessory water towers or cooling towers; accessory off-street parking spaces; and accessory off-street loading berths.
B. For residential buildings: the sum of the gross horizontal areas, with a clear height of more than six feet, of all floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls.
FORESTFor purposes of the Critical Area, the biological community dominated by trees and other woody plants covering a land area of one acre or more. This definition also includes forests that have been cut but not cleared. For purposes of the forest conservation provisions of this chapter, a forest is defined as:
A. A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.
B. "Forest" includes:
(1) Areas that have at least 100 live trees per acre with at least 50% of those trees having a two-inch-or-greater diameter (caliper) at 4.5 feet above the ground and larger; and
(2) Areas that have been cut but not cleared.
C. "Forest" does not include orchards that have not been abandoned.
FOREST INTERIOR DWELLING SPECIES (FIDS)Species of birds that require relatively large, forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).
FOREST MANAGEMENTThe protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, wildlife habitat, etc.
FOREST PRACTICEThe alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.
FRONTAGEA. STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
B. LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
FULLY ESTABLISHEDThe buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.
GARAGE OR YARD SALEA public sale conducted by an individual on their premises for the purpose of selling their personal property.
GARAGE, PRIVATEA garage used primarily for motor-driven vehicle storage purposes only and has a capacity of not more than four vehicles.
GARAGE, SERVICEA building, or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.
GARAGE, STORAGEA building, or portion thereof, designed or used exclusively for storage of motor-driven vehicles and where motor-driven vehicles are not equipped, hired, or sold.
GARDEN APARTMENTSMultifamily housing units that may share a common outside access. Ownership is not a factor in this type of unit, which may be either rental or condominium.
GAS SALESBuildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail and where, in addition, minor repair work may be performed, such as ignition service, tire repair or replacement, repair, and replacement of minor parts, such as pumps and filters, brake service, and the like. "Gas sales" does not include a repair or body shop but shall include self-service filling stations and any convenience store accessory to or associated with such gas sales.
GOLF COURSEAn area, publicly or privately owned, on which the game of golf is played, containing at least nine holes, together with such necessary and usual accessory uses as a clubhouse, caretakers' dwellings, dining and refreshment facilities, and other such uses, provided that the operation of such facilities is incidental and subordinate to the operation of a golf course.
GRADEA. For buildings having a wall or walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings having a wall or walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
D. Any wall parallel to or within 10° of being parallel to, and not more than 15 feet from, a street line is to be considered as adjoining the street.
GRAND OPENINGA grand opening or grand reopening is defined as the period when a business first opens or undergoes major remodeling or new ownership.
GRANDFATHEREDDescribes the status accorded certain properties and development uses that are of record prior to the date of adoption of this chapter or must comply with provisions of this chapter.
GROCERY STOREStore established primarily for the sale of food items; could also stock personal care and household cleaning products (smaller in size than a supermarket).
GROUP HOME, PRIVATEA residence used to provide assisted community living for persons (including battered or abused individuals with children) with mental, emotional, familial, or social difficulties in a home-like environment. A large private group home admits at least nine but not more than sixteen (16) individuals total; a small private group home admits at least four but not more than a total of eight individuals.
GROUP HOME/DEVELOPMENTALLY DISABLED HOMEA residence within a single dwelling unit for at least four but not more than eight people who are physically or mentally disabled, together with not more than two persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.
GROUP HOME/HALFWAY HOUSEA home for not more than eight (8) people who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or criminal conduct, together with not more than two (2) people providing supervision and other services to such persons, all of whom live together as a single housekeeping unit.
GROWTH ALLOCATIONThe number of acres of land in the Critical Area that the Town of Denton may use, or the county may allocate to municipal jurisdictions to use, to create new Intensely Developed Areas and new Limited Development Areas. The growth allocation acreage is 5% of the total Resource Conservation Area acreage in Denton at the time the Critical Area Commission approved Denton's original Critical Area Program, not including tidal wetlands, plus additional acres included from the county's calculated amount (5%) of Resource Conservation Area that existed when the Critical Area Commission approved Caroline County's original Critical Area Program (that the Town may request and the County may allocate).
GUESTHOUSELiving quarters within a detached accessory building located on the same premises as the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.
HABITAT PROTECTION AREA (HPA)The buffer, nontidal wetlands, threatened and endangered species, plant and wildlife habitats, anadromous fish propagation waters, and species in need of conservation that are designated for protection by the Secretary of Natural Resources or under Natural Resources Article, § 8-1806, Annotated Code of Maryland, or by regulations adopted under that authority.
HABITAT PROTECTION PLANA 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. It 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.
HAZARDOUS TREEA 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. "Hazardous tree" does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished with routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning; or by relocation of property that is likely to be damaged.
HEIGHT OF BUILDINGThe vertical distance from the average finished grade to the highest point of the coping of a flat roof, the deck line of a mansard roof, to the mean height level between eaves and ridge for gable, hip, and gambrel roofs.
HIGHLY ERODIBLE SOILS AND ERODIBLE SOILSSoils with a slope greater than 15% or soils with a K value greater than 0.35 and slopes greater than 5%. "K value" means the soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
HISTORIC WATERFOWL STAGING AND CONCENTRATION AREAAn area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly in recent times.
HOME OCCUPATIONA home occupation is an activity carried out for financial gain by the occupant in a residential dwelling and is subordinate to the residential use of the property.
HOSPITALA building or group of buildings having room facilities for one or more overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, outpatient department, training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.
HOTELA building in which lodging or boarding and lodging are provided for more than 20 persons, primarily transient, and offered to the public for compensation and in which ingress and egress to and 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 as opposed to a boardinghouse, a lodging house, or an apartment house, which are herein separately defined. A hotel may include restaurants, taverns, club rooms, banquet halls, ballrooms, and meeting rooms.
HYDRIC SOILSSoils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils.
HYDROPHYTIC VEGETATIONThose 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).
HYDROPONICSThe science of growing plants in solution or moist inert material containing the necessary minerals instead of soil frequently within a controlled environment.
ILLUMINATIONDirect artificial lighting or indirect artificial lighting that is designed to reflect light from light sources erected for the purpose of providing light to the sign or other structure.
IMMEDIATE FAMILY MEMBERSpouse or civil union partner, father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter.
IMPERVIOUS SURFACEAny constructed surface that prevents or retards the penetration of water into the soil.
IN-KIND REPLACEMENTThe replacement of a structure with another structure that is smaller than or identical to the original structure in footprint area, width, length, and use.
INDUSTRIAL CENTERA group of industrial or similar establishments that are planned, developed, owned, and managed as a single property.
INDUSTRIAL PARKA planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis, with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open spaces and screening.
INFILLThe development of vacant, abandoned, passed over, or underutilized land areas of Denton.
INTENSELY DEVELOPED AREAS (IDAs)Areas of at least 20 adjacent acres or the entire upland portion of the Critical Area within the boundary of a municipality, whichever is less, where residential, commercial, institutional, and/or industrial developed land uses predominate, and where relatively little natural habitat occurs. These areas shall have had at least one of the following features as of December 1, 1985:
A. Housing density equal to or greater than four dwelling units per acre;
B. Industrial, institutional, or commercial uses are concentrated in the area or
C. Public sewer and water collection and distribution systems are currently serving the area, and housing density is greater than three dwelling units per acre.
INTERMEDIATE-CARE HOMEA facility maintained for the purpose of providing accommodations for not more than seven occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the disabled or infirm.
INTERMEDIATE-CARE INSTITUTIONAn institutional facility maintained for the purpose of providing accommodations for more than seven persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the disabled or infirm.
INTERMITTENT STREAMA stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent U.S.G.S. 7.5-minute quadrangle published by the United States and shall be identified in the field and accurately drawn on all development plans.
INVASIVE SPECIESA species that is non-native or alien to the ecosystem under consideration, whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
JUNK (OR SALVAGE) YARDSA lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
K VALUEThe soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.
KENNELA commercial operation that provides food, shelter, and care of animals for purposes not primarily related to medical care (A kennel may or may not be run by or associated with a veterinarian) or engages in the breeding of animals for sale or any place where more than two adult animals (over six months) are kept for a boarding or other fee, or any place where more than five adult animals are kept for any purpose.
LAND CLEARINGAny activity that removes the vegetative ground cover.
LAND-BASED AQUACULTUREThe raising of fish or shellfish in any natural or man-made, enclosed, or impounded water body.
LANDWARD EDGEThe limit of a site feature that is furthest away from a tidal water, tidal wetland, or a tributary stream.
LARGE SHRUBA shrub that, when mature, reaches a height of at least six (6) feet.
LEGALLY DEVELOPEDAll 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.
LIMIT OF DISTURBANCEThe area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.
LIMITED DEVELOPMENT AREAS (LDAs)Areas that are currently developed in low- or moderate-intensity uses, which contain areas of natural plant and animal habitats, and in which the quality of runoff has not been substantially altered or impaired. These areas shall have had at least one of the following features as of December 1, 1985:
A. Housing density ranging from one dwelling unit per five acres up to four dwelling units per acre;
B. Areas not dominated by agriculture, wetland, forest, barren land, surface water, or open space;
C. Areas having public sewer or public water, or both;
D. Areas meeting the definition of "intensely developed areas" above, less than 20 acres in size.
LIQUOR STOREA business that sells alcoholic beverages for consumption off-premises. For this chapter, the term "liquor store" does not include grocery stores, supermarkets, or convenience stores in which beer and/or wine is offered for sale as a minor part of an overall larger inventory of goods. It shall also not include a restaurant that is otherwise operating in accordance with its approved liquor license and all other provisions of this chapter.
LIVE VIEWING BOOTHAny booth, cubicle, stall, or room of less than 600 square feet of floor space or area to which patrons may gain admittance, wherein the following are regularly featured:
A. Persons who appear in a state of semi-nudity and/or
B. Live entertainment that is characterized by the depiction or description of specified anatomical areas or specified sexual activities.
LIVING SHORELINEA suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal processes, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components.
LOADING SPACE or LOADING BERTHA space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
LOCAL SIGNIFICANCEDevelopment 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 Town of Denton; and is not considered to be a major development as defined in this program.
LOTA plot or parcel of land having at least the minimum area required by this chapter for a plat or parcel of land in the district in which such lot is situated and having its principal frontage on a public road or private road.
LOT COVERAGEThe percentage of a total lot or parcel that is occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway or covered with gravel, stone, shell, impermeable decking, a paver, permeable pavement, or any man-made material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck. Lot coverage does not include a fence or wall that is less than one foot in width that has not been constructed with a footer; a walkway in the buffer or expanded buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.
LOT OF RECORDA parcel of land that has been legally recorded in the land records of Caroline County.
LOT WIDTHThe distance between the side lot lines measured at the required front yard line.
LOT, AREAThe total horizontal area within the lot lines of the lot.
LOT, CORNERA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
LOT, DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, FLAGA lot with access provided to the bulk of the lot by means of a narrow corridor.
LOT, REVERSED FRONTAGEA lot in which the frontage is at right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.
MAJOR DEVELOPMENTDevelopment of a scale that may cause statewide, regional, or inter-jurisdictional 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, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches, and intensely developed park and recreation facilities.
MAJOR SITE PLANAny site plan that would include the extension of public water or sewer lines, placement of roads, or installation of any stormwater management device.
MAJOR SUBDIVISIONSubdivision that involves any of the following: the creation of more than three lots; the creation of any new public streets; the extension of a public water or sewer system; or the installation of drainage improvements through one or more lots to serve one or more other lots.
MALLA large, enclosed collection of independent retail stores and services, with associated shared parking areas, constructed and maintained by a management firm as a unit.
MANUFACTURE, MANUFACTURINGThe process of converting raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for different purposes.
MANUFACTURED HOMEA transportable structure that is more than 320 square feet, designed to be used as a dwelling, and includes the plumbing, heating, air-conditioning, and electrical system.
MANUFACTURED HOME PARKA lot, parcel, or tract of land that is being used, designed, or held out to accommodate parking for manufactured homes for continuing occupancy, including all accessory buildings, vehicles, and appurtenances used or intended as equipment for such manufactured home park. A manufactured home park does not include an automobile or sales lot on which unoccupied mobile homes may be parked for inspection and sale.
MANUFACTURED HOME STANDThat part of an individual manufactured home lot that has been reserved for the placement of the manufactured home.
MARINAA place for docking four or more pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies, and provisions of lodging, goods, beverages, and entertainment as accessory uses. A yacht or boat club shall be considered a marina.
MICROBREWERY, MICROWINERY, MICRODISTILLERYA facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption and which possesses the appropriate license from the State of Maryland. Tasting rooms for the consumption of on-site produced beer, wine, or distilled products are permitted on the premises.
MICROBUSINESSA small business operated by less than ten (10) people that generates less than $500,000 in net revenue a year and involves less than 10,000 square feet of gross floor area.
MINOR BOUNDARY LINE ADJUSTMENTA boundary line adjustment not resulting in a change that would allow increased development or density rights otherwise regulated by applicable land use codes.
MITIGATIONAn action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity.
MIXED-USEA real estate development that combines multiple uses or purposes into a single building or area. These projects can include a variety of components, such as housing, retail, office, medical, recreational, commercial, or industrial.
MOBILE HOMEA 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 site, is 320 or more square feet, and which is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained in it, except that this term shall include any structure which meets all the requirements of this subsection except the size requirements and for which the manufacturer voluntarily files a certification required by the Secretary of HUD and complies with the standards established under the Federal Act.
MODULAR HOMESectional, prefabricated structure that consists of one or more modules or sections manufactured in a remote facility, delivered to their intended site, and designed to be used with a permanent foundation.
MOTEL, MOTOR COURT, MOTOR HOTEL, LODGE, or INNSame as "hotel," except that the building or buildings are designed primarily to serve tourists traveling by automobile and that ingress and egress to rooms need not be through a lobby or offices.
MOTOR VEHICLE DEALERA building, structure, or area of land used for the storage or display for the sale of motor vehicles but not used for the storage of dismantled or wrecked motor vehicles.
NATIVE PLANTA species that is indigenous to the physiographic area in Maryland where the planting is proposed.
NATURAL FEATURESComponents 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.
NATURAL HERITAGE AREAAny communities of plants or animals that 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.
NATURAL REGENERATIONThe 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.
NATURE DOMINATEDA condition where the landforms, biological communities, or both have developed by natural processes in the absence of human interaction.
NATURE-BASED FEATURESThose small-scale nonstructural features that mimic characteristics of natural features and are created by human design, engineering, and construction to provide specific services, including coastal risk reduction. Nature-based features include living shorelines, oyster reefs, marsh restoration, and buffers.
NEIGHBORHOOD CENTERPermitted through a special exception in those districts where allowed in the Table of Uses, developments within existing neighborhoods that are limited to businesses that primarily cater to neighborhood residents, such as small grocery stores, personal and professional services, dry cleaners, video shops, cafes, tea rooms, small bakeries, and other uses that are deemed appropriate by the Planning Commission and Board of Appeals.
NEIGHBORHOOD ESSENTIAL SERVICESAny utility facility needed to provide basic services such as water, sewer, telephone, and cable television to individual users.
NEW DEVELOPMENTFor purposes of implementing specific provisions of this program, new developments (as opposed to redevelopment) means a development activity that takes place on a property with pre-development imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15% as of December 1, 1985.
NONCONFORMING LOTA lot existing at the effective date of this chapter (and not created for the purposes of evading the restrictions of this chapter) that does not meet the minimum area requirement of the district in which the lot is located.
NONCONFORMING PROJECTAny structure, development, or undertaking that is incomplete at the effective date of this chapter and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
NONCONFORMING USEAny building or land lawfully occupied by a use at the time of passage of this chapter or amendment to it which does not conform to the use regulations of the district in which it is located.
NONPOINT SOURCE POLLUTIONPollution 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.
NONPROFIT ORGANIZATIONAny organization engaging primarily in civic or community services, including Lions, Kiwanis, Rotary, Optimists, and organizations of a similar nature that are not operated for profit (e.g., having 501(c)3 status).
NONTIDAL WETLANDSThose areas regulated under Subtitle 9 of the Environment Article 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." 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 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.
NONWATER-DEPENDENT PROJECTA. Nonwater-dependent project 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.
B. Nonwater-dependent projects include:
(1) A dwelling unit on a pier;
(2) A restaurant, a shop, an office, or any other commercial building or use on a pier;
(3) A temporary or permanent roof or covering on a pier;
(4) A pier used to support a nonwater-dependent use; and
(5) A small-scale renewable energy system on a pier, including:
(a) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;
(b) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and
(c) A wind energy system and its wind turbine, tower, base, or other necessary equipment.
C. Nonwater-dependent project does not include:
(1) A fuel pump or other fuel-dispensing equipment on a pier;
(2) A sanitary sewage pump or other wastewater removal equipment on a pier;
(3) 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; or
(4) A water-dependent facility or activity.
NURSING CARE HOMEA facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than eight persons.
NURSING CARE INSTITUTIONAn institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than eight persons.
NURSING HOMEA place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities, or injuries who do not require extensive or intensive care such as is normally provided in a general or other specialized hospital; includes rest homes, convalescent homes, and homes for the aged. A nursing home does provide medical, nursing, convalescent, or chronic care in addition to room and board.
OCCUPANCY, CERTIFICATE OFThe certificate issued by the Building Official, or designee, which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use and occupancy of the building as specified in the Town Code. See Chapter
38, Building Construction, Article
II, Building Code, and this chapter.
OFFICE PARKA development on a tract of land that contains a number of separate office buildings, supporting uses, and open space designated, planned, constructed, and managed on an integrated and coordinated basis.
OFFICE, GENERALAn office for the use of professional people such as doctors, lawyers, accountants, etc., or general business offices such as insurance companies, trade associations, manufacturing companies, investment concerns, banks, trust companies, real estate companies, etc., but not including any retail or wholesale store or warehouse, except as otherwise provided herein.
OFFICE, PROFESSIONAL NONRESIDENTIALA single-family structure used for professional office purposes by any member of a recognized profession, such as, but not limited to, doctors, lawyers, architects, accountants, veterinarians, and engineers, but not including medical or dental clinics or veterinarian clinics. Professional offices do not include general business offices, such as the offices of insurance companies, trade associations, manufacturing companies, investment concerns, banks, or real estate companies.
OFFICE, PROFESSIONAL RESIDENTIALRooms and/or buildings used for office purposes by not more than one member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics, provided that such use shall be incidental to and subordinate to residential use and not one involving a commercial enterprise. Such use shall preclude the manufacturing or sale of any hardware product, except those remedial devices that are prescribed as a direct result of the specific service rendered on the premises, and those devices cannot be obtained by the client from any commercial establishment.
OFFSETSStructures or actions that compensate for undesirable impacts. (See also "BMPs.")
ON-SITE CONSUMPTION ESTABLISHMENTS, CANNABISan entity licensed pursuant to Section 36-401(c)(4) of the Alcoholic Beverages Article of the Maryland Annotated Code that allows cannabis to be consumed, smoked, vaped, or otherwise ingested on-premises.
OPEN SPACELand and water areas retained in an essentially undeveloped state.
OPEN WATERTidal waters of the state that do not contain tidal wetlands and/or submerged aquatic vegetation.
OUTBUILDINGA separate accessory building or structure not physically connected to the principal building.
OVERBURDENED COMMUNITYThis term has the meaning stated in § 1-701 of the Environment Article Annotated Code of Maryland.
OWNERThe person, partnership, corporation, company, or other legal entity holding current legal title to a lot, tract, or parcel of land.
PARAPETThe extension of the main walls of a building above the roof.
PARKING AREA (LOT or STRUCTURE)A structure or an off-street area for parking or loading and unloading, whether required or permitted by this chapter, including driveways, accessways, aisles, and maneuvering areas, but not including any public or private street right-of-way.
PARKING AREA AISLESA portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
PARKING FLOOR AREAThe floor area of a structure as defined herein, less storage and warehouse areas used principally for nonpublic purposes of said structure. Any basement or cellar space used for retailing shall be included in the parking floor area for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
PARKING SPACE, OFF-STREETAn all-weather surfaced area not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords satisfactory ingress and egress for automobiles. At a minimum, each parking space shall measure nine (9) feet by 20 feet.
PEDDLING (peddlers' activity)The act of offering for sale and simultaneous delivery of goods, wares, or merchandise, including, but not limited to, magazines, books, periodicals, foodstuffs, and personal property of every nature, from house to house or from place to place or on the public streets or in any other public or private place, including offering any of the above-mentioned items for sale and simultaneous delivery from any wagon, vehicle, boat or other movable structure.
PERENNIAL STREAMA stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent U.S.G.S. 7.5-minute quadrangle published by the United States and shall be identified in the field and accurately drawn on all development plans.
PERMANENT DISTURBANCEA. A material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity. Permanent disturbance includes the construction or installation of any material that will result in lot coverage; construction of a deck; grading that does not otherwise qualify as temporary disturbance; and clearing of a tree, forest, or developed woodland that does not otherwise qualify as a temporary disturbance.
B. Permanent disturbance 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.
PERSONAn individual, trustee, executor, other fiduciary, corporation firm, partnership, limited-liability company, association, organization, or other entity acting as a unit.
PETAny animal kept for pleasure rather than utility.
PHARMACYA place where legal drugs and medicines are prepared and dispensed.
PHYSIOGRAPHIC FEATURESThe soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.
PIERAny pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure. "Pier" does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of state or private wetlands.
PLACEAn open, unoccupied space other than a street or alley, permanently established or dedicated in the principal means of access to property abutting thereof.
PLACE OF WORSHIP OR RELIGIOUS ASSEMBLYA building or premises where persons regularly assemble for religious worship and those accessory activities customarily associated in addition to that and where the buildings and premises are maintained and controlled by a religious body organized to sustain public worship.
PLANNED UNIT DEVELOPMENT (PUD)A subdivision of varied land uses, residential structural types, and densities developed so as to integrate all the features into a harmonious whole.
PLANT HABITAT AND WILDLIFE HABITAT"Plant habitat" means a community of plants commonly identified by the composition of its vegetation and its physiographic characteristics. "Wildlife habitat" means those plant communities and physiographic features that provide food, water and cover, nesting and foraging or feeding conditions necessary to maintain populations of animals in the Critical Area.
PLOTA parcel of land which may include one or more platted lots occupied or intended for occupancy by a use permitted in this chapter, including one main building, together with its accessory buildings, the yard areas, and parking spaces required by this chapter and having its principal frontage upon a street or an officially approved place.
PORTA facility or area established or designated by the state or local jurisdictions for purposes of waterborne commerce.
PREMISESA lot, together with all buildings and structures thereon.
PRIMARY HIGHWAYA highway designated as a state primary highway or United States highway by the Maryland Department of Transportation.
PRINCIPAL STRUCTUREThe primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling.
PRIVATE PIERA privately owned pier that is no more than six feet wide.
PRIVATE TIDAL WETLANDSIncludes:
A. Land not considered state wetland bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth;
B. Tidal wetlands transferred by the state by a valid lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights are considered "private tidal wetlands" to the extent of the interest transferred and
C. Tidal waters created by the excavation of upland unless conveyed to the state.
PROGRAM AMENDMENTAny 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.
PROGRAM REFINEMENTAny 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. A change to an adopted program that results from state law;
B. A change to an adopted program that affects local processes and procedures;
C. A change to a local ordinance or code that clarifies an existing provision and
D. 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.
PROJECT APPROVALSThe approval of development, other than development by the state or local government, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of 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.
PROPERTY OWNERA person holding title to a property or two or more persons holding title to a property under any form of joint ownership.
PUBLIC PROJECTAny project undertaken by a governmental entity or a public utility for the benefit of the community, including but not limited to parks, schools, infrastructure, and public facilities.
PUBLIC UTILITIESUses or structures for the public purpose of power transmission and distribution (but not power generation); fuel transmission and distribution (but not manufacturing or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities (but not utility truck terminal facilities); radio and television facilities (not including broadcasting studios); and rail or highway rights-of-way (not including stations or terminals).
PUBLIC WATER AND SEWERAGE SYSTEMSA water or sewerage system owned and operated by a municipality, county, or authority or owned and operated by the governing body and permitted by the State of Maryland, and subject to special regulations.
PUBLIC WAYAny sidewalk, pedestrian path, street, alley, highway, or other public thoroughfare.
PUBLIC WORKS AGREEMENTAn agreement between the developer and the Town setting forth the improvements which the developer will be responsible for and the conditions for the construction and acceptance of such improvements by the Town.
RECLAMATIONThe reasonable rehabilitation of disturbed land for useful purposes and the protection of the natural resources of adjacent areas, including water bodies.
RECLASSIFICATIONThe changing of the zoning classification that applies to a particular area of land.
RECONFIGURATIONA change of the arrangement of the existing lot or parcel lines of any legal parcel of land or recorded legally buildable lots.
RECREATION FACILITYA place designated and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities.
RECREATION VEHICLE or RVA motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation, and camping. RVs do not include manufactured homes, off-road vehicles, or snowmobiles. RVs are classified into two groups: towable and motorized. Towables are designed to be towed by a motorized vehicle (auto, van, or pickup truck) and are of such size and weight as not to require a special highway movement permit. Towables are designed to provide temporary living quarters for recreational camping or travel use and do not require permanent on-site hookups. The towables include conventional travel trailers, fifth-wheel travel trailers, folding camping trailers, and truck campers. A motorized RV is a recreational camping and travel vehicle built on or as an integral part of a self-propelled motor vehicle chassis. It may provide kitchen, sleeping, and bathroom facilities and be equipped with the ability to store and carry fresh water and sewage. Motorized RVs include motor homes (Class A), van campers (Class B), motor homes (Class C), and conversion vehicles.
RECREATION, ACTIVELeisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields. Examples include playgrounds, playing fields, and team participation such as baseball, soccer, lacrosse, and basketball. Outdoor lighting of playing fields may be permitted.
RECREATION, PASSIVEGenerally an undeveloped space or environmentally sensitive area that requires minimal development. Activities involve relatively inactive or less energetic activities, such as walking and picnicking. Examples include walking/biking paths, trails, and picnic areas. Outdoor lighting is prohibited except for safety requirements.
REDEVELOPMENTThe act or process of redeveloping land, buildings, and structures in any zoning district. Redevelopment includes rehabilitation, the removal of blighted buildings, structures, and vegetation, and the replacement remodeling or reuse of existing buildings and structures to accommodate new development.
REDEVELOPMENT, CRITICAL AREAThe process of developing land that is or has been developed. For purposes of implementing specific provisions of this program, "redevelopment" (as opposed to new development) means a development activity that takes place on property with predevelopment imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15% or greater.
REFORESTATIONThe establishment of a forest through artificial reproduction or natural regeneration.
REGULATIONSThe whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols contained or referred to in this chapter.
RENEWABLE RESOURCEA resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.
RESIDENCE, MULTIFAMILYA residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch) (e.g., townhouses and apartments).
RESIDENCE, MULTIFAMILY CONVERSIONA multifamily residence containing not more than four dwelling units and results from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
RESIDENCE, PRIMARY WITH ACCESSORY APARTMENTA residential use having the external appearance of a single-family residence but in which there is located a second dwelling unit that comprises not more than 25% of the gross floor area of the building nor more than a total of 750 square feet.
RESIDENCE, TWO-FAMILY CONVERSIONA two-family residence resulting from the conversion of a single building containing at least 2,000 square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed, and occupied as a single-family residence.
RESOURCE CONSERVATION AREAS (RCA)Areas characterized by nature-dominated environments (that is, wetlands, forests, abandoned fields) and resource-utilization activities (that is, agriculture, forestry, fisheries activities, or aquaculture). These areas shall have had at least one of the following features as of December 1, 1985:
A. Density is less than one dwelling unit per five acres or
B. Dominant land use is in agriculture, wetlands, forest, barren land, surface water, or open space.
RESOURCE UTILIZATION ACTIVITIESAny activities associated with the utilization of natural resources, such as agriculture, forestry, surface mining, aquaculture, and fisheries activities.
RESTAURANT, RIVERFRONTAn establishment that conforms to the definition of a "restaurant, standard" and is located within the Modified Buffer Area (MBA) of the Critical Area.
RESTAURANTSA. RESTAURANT, STANDARDA food-serving establishment whose principal business is the sale of food, and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth, or counter inside the establishment. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, or park, operated solely for the convenience of its patrons, shall not be considered a restaurant.
B. RESTAURANT, FAST-FOODAn establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises.
C. RESTAURANT, FAST-FOOD CAFETERIAAny establishment where ready-to-eat food is available upon a short waiting time and served to customers on a tray through a cafeteria line for consumption at a table, booth, or counter inside the establishment.
D. RESTAURANT, FAST-FOOD CARRY-OUTAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten away from the premises as there are no facilities for on-premises consumption of food.
E. RESTAURANT, DRIVE-IN OR DRIVE-THROUGHAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-through window or while parked.
RESTORATIONThe 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.
RETAIL STOREStores selling one kind or various kinds of goods, as distinct from services, such as, but not limited to, drugstores, grocery stores, department stores, camera shops, bookstores, and record shops.
RIGHT-OF-WAYA strip of land designated for the use of a road, highway, driveway, alley, walkway, or any drainage or public utility purpose or other similar uses.
RIPARIAN HABITATA habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.
ROADA 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 a driveway.
SATELLITE DISH (RECEIVE-ONLY)A device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite, typically up to 12 feet in diameter, in the shape of a shallow dish or parabola.
SEASONALLY FLOODED WATER REGIMEA 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.
SEATFor the purpose of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated or every 24 linear inches of benches, pews, or space for loose chairs.
SECONDARY HIGHWAYA highway designated as a state secondary highway by the Maryland Department of Transportation.
SELECTIONThe removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.
SEMIPUBLICA use owned or operated by a nonprofit, religious, or philanthropic institution and providing education, cultural, recreational, religious, or similar types of public programs.
SENIOR CENTERAn establishment that may function as a meal site, screening clinic, recreational clinic, recreational center, social service agency branch office, mental health counseling clinic, older worker employment agency, volunteer coordinating center, and community meeting hall.
SENSITIVE AREASEnvironmental protection areas identified in the Economic Growth, Resource Protection, and Planning Act of 1992 (See § 5-7A-01 et seq. of the Annotated Code of Maryland.) for which special standards designed to protect these areas from the adverse effects of development have been included in this chapter. (See §
128-153.) These areas include the following:
A. Streams and their buffers;
B. One-hundred-year floodplain;
C. Habitats of threatened and endangered species;
E. Any other areas determined by the Town.
SETBACKThe minimum required distance between the point where any structure on a lot meets the ground surface and any lot line or boundary of a Town or state road right-of-way.
SHORE STABILIZATIONAny number of structural and nonstructural methods or techniques used to control the erosion of shoreline areas.
SIGNA sign is any structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, symbol, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device. A sign shall not include a similar structure or device located within a building except illuminated boards but does not include the flag, pennant, or symbol of any nation or association of nations, or any state, city, or another political unit, or of any political, charitable, educational, philanthropic, civic, or like campaign, drive, movement, or event.
SIGN AREAThat area enclosed by the periphery connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting lines, etc., which are not part of the main supports of the sign, are to be included in determining the sign area. On a two-sided sign, only one face is counted in computing the sign's area, provided the faces are located not more than two feet from each other.
SIGN, A-FRAMEA freestanding sign usually hinged at the top or attached in a manner and widened at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and not considered to be permanent signs.
SIGN, ABANDONED OR OBSOLETEA sign, either on-premises or off-premises, which identifies, describes, directs attention to, or gives directions for locating any business or establishment no longer in operation or advertises any product no longer being marketed or any sign structure in disrepair.
SIGN, BANNERAny cloth, bunting, plastic, paper, or similar non-rigid material and captive/tethered balloon or inflatable sign used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, or vehicle.
SIGN, BILLBOARDA structure designed, intended, or used for advertising a product, property, business, entertainment, service, amusement, or the like, and not located where the matter advertised is available or occurs.
SIGN, BULLETIN BOARDA board or wall area on which bulletins, notices, announcements, or displays are posted.
SIGN, CHANGEABLE ELECTRONIC MESSAGE BOARDA sign or portion thereof that displays electronic, nonpictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable message board signs include computer-programmable, microprocessor-controlled electronic displays.
SIGN, COMBINATIONA freestanding sign that has a permanent component advertising a business and also has a message board component.
SIGN, CONSTRUCTIONA sign erected during the construction of a building or other type of improvement, customarily listing the name of the owner, architect, engineer, designer, and/or contractors involved in the construction of the building or improvement.
SIGN, DIRECTIONALSigns designed to provide direction to pedestrian and vehicular traffic into and out of or within a site.
SIGN, ELECTRONIC DISPLAY SCREENA sign or portion of a sign that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards, and holographic displays.
SIGN, ELECTRONIC GRAPHIC DISPLAYA sign or portion thereof that displays electronic, static images, static graphics, or static pictures, with or without information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of a fade, re-pixilation or dissolve mode. Electronic graphic display signs include computer-programmable, microprocessor-controlled electronic or digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects.
SIGN, ELECTRONIC MESSAGE BOARDAny sign or portion of a sign that uses changing lights to form a sign message or messages in text form wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
SIGN, FLAGAny cloth, bunting, or similar material containing distinctive colors, patterns, or symbols indicating the name, trademark, or logo of a business or used as an advertising device.
SIGN, FLASHINGAny illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign shall be considered a flashing sign.
SIGN, FLAT/WALLAny sign attached parallel to, but within nine inches of, a wall, which is supported by such wall or building and displays only one sign surface. This definition includes those signs painted in or erected and confined within the limits of an outside wall or building.
SIGN, FREESTANDINGA sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without separate supporting elements, such as a "sandwich sign," is also freestanding.
SIGN, MARQUEEA roof-like structure of a permanent nature that projects from the wall of a building or its supports and may overhang the public way.
SIGN, PENNANTAny cloth, bunting, plastic, paper, or similar material, whether or not it contains a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
SIGN, PERMANENT MATERIALA sign constructed of materials engineered or manufactured to be durable, designed for long-term use, and appropriate for the conditions where such a sign is located. Examples of permanent sign materials are exterior-grade wood, such as redwood or cedar, high-density urethane, dibond, aluminum, and medium-density overlay (MDO).
SIGN, POLITICALA temporary sign designed to attract support for a particular candidate, political party, or political issue or to express an opinion on any matter of public interest.
SIGN, PROJECTINGAny sign affixed to a building or wall in such a manner that its leading edge extends more than nine inches beyond the surface building or wall.
SIGN, SHIMMERINGA sign that reflects an oscillating, sometimes distorted visual image.
SIGN, STOREFRONT WINDOWAny sign, picture, symbol, or combination thereof designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. This definition shall not include the display of merchandise, provided that such display does not contain any advertising.
SIGN, TEMPORARYAny movable sign, not permanently attached to the ground, a structure, or other sign, designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes intended for a limited period of display.
SIGN, TIME/TEMPERATUREAn electronic or mechanical device that shows time and/or temperature but contains no business identification or advertising.
SIGN, VEHICLEAny sign exceeding 10 square feet in area and mounted on, painted on, placed on, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of transportable vehicle so parked or placed so that the sign thereon is discernible from a public street or right-of-way as a means of communication or exhibiting.
SILVICULTUREThe care and cultivation of forest trees; forestry.
SITE PLANA drawing or plat that describes and locates required improvements of a development tract in accordance with the provisions of Article
XVI of this chapter.
A. Concept or sketch: an informal pre-submission of an illustration(s) demonstrating the proposed development of a site.
B. Preliminary: drawing(s) with more substantive detail than a concept or sketch plan indicating the proposed layout of the subdivision or site, including the geometric layout with all proposed streets, lots, and easements drawn to scale.
C. Final: detailed drawing(s) with all substantive specificity (information about the project, including, but not limited to, legal data, impact on environs, natural features, existing development, infrastructure, and the site development).
SLUMAny area where dwellings predominate that, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities, or any combination of these factors, is detrimental to safety, health, or morals.
SMALL SHRUBA shrub that, when mature, reaches a height no greater than six feet.
SOIL CONSERVATION AND WATER QUALITY PLANSLand use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:
A. How the landowner plans to treat a farm unit;
B. Which best management practices the landowner plans to install to treat undesirable conditions and
C. The schedule for applying best management practices.
SOLAR PANELA packaged interconnected assembly of solar cells, also known as "photovoltaic cells." The solar panel is used as a component in a larger photovoltaic system. Because a single solar panel can only produce a limited amount of power, many installations contain several panels and are known as a "photovoltaic array." A photovoltaic installation typically includes an array of solar panels, an inverter, batteries, and interconnection wiring.
SPECIAL EVENTSCircuses, fairs, carnivals, festivals, or other types of special events that run for longer than one day but not longer than two weeks, are intended to or likely to attract substantial crowds and are unlike the customary or usual activities generally associated with the property where the special event is to be located.
SPECIAL EXCEPTIONPermission given by the Board of Appeals to establish a specific use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location, or relation to the neighborhood would comply with the purpose and intent of this chapter. Such uses may be approved within a zoning district if a specific provision for such a special exception is made in this chapter.
SPECIES IN NEED OF CONSERVATIONThose fish and wildlife whose continued existence as part of the state's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article, §§ 10-2A-03 and 4-2A-03, Annotated Code of Maryland.
SPOIL PILEThe overburden and reject materials as piled or deposited during surface mining.
SPOT BLIGHTA structure, improvement, or lot that is a blighted property as defined in this section.
STABLE, NONCOMMERCIALAny building or structure, accessory to the principal use of the premises as a residence, that shelters horses for the exclusive use of the occupants of the premises.
STATE TIDAL WETLANDAny land under the navigable waters of the state below the mean high tide affected by the regular rise and fall of the tide. Tidal wetlands of this category, which have been transferred by the state by a valid lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, are considered "private tidal wetlands" to the extent of the interest transferred.
STEEP SLOPESAny slope with a grade of 15% or more shall be considered a steep slope.
STORAGEThe keeping, either indoors (including inside a cargo trailer) or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Storage does not include the overnight parking in residential zones of a single vehicle weighing no more than 2.5 tons gross vehicle weight, which, although used primarily for business, trade, or professional purposes, also provides daily transportation to and from work.
STORMWATER MANAGEMENTA. For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land and
B. For qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff.
STORMWATER MANAGEMENT PLANA set of drawings or other documents submitted by a person as a prerequisite to obtaining stormwater management approval, which contains all of the information and specifications pertaining to stormwater management.
STORYThat portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALFA space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate, shall be counted as a half story when not more than 60% of said floor area is used for rooms, baths, or toilets. A half-story containing an independent apartment or living quarters shall be counted as a full story.
STREETA public thoroughfare that affords the principal means of access to property abutting thereon.
STREET CLASSIFICATION/FUNCTIONAL SYSTEMS FOR RURAL AREAS ROAD CLASSIFICATIONRural roads consist of those facilities that are outside of small urban and urbanized areas. They are classified into four major systems: principal arterials, minor arterial roads, major and minor collector roads, and local access streets. The road classifications are shown conceptually in the Comprehensive Plan.
STREET LINEA dividing line between a lot, trace, or parcel of land and a contiguous street.
STREET, SERVICE ACCESSA minor street that is parallel and adjacent to (principal arterials) parkways, throughways, or bypasses and which provides access to abutting properties and protection from through traffic.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams, girders, or any substantial change in the roof or the exterior walls.
STRUCTUREBuilding or construction materials, or a combination of those materials, that are purposely assembled or joined together on or over land or water. "Structure" includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, or shelter for marine access, navigation, working, eating, sleeping, or recreating.
SUBDIVISIONThe division of a tract of land into two or more lots, building sites, or other divisions for sale or building development (whether immediate or future).
SUBDIVISION, MINORA subdivision that does not involve any of the following: the creation of more than a total of three lots; the creation of any new public streets; the extension of a public water or sewer system; or the installation of drainage improvements through one or more lots to serve one or more other lots.
SUBSTANTIAL ALTERATIONAny repair, reconstruction, or improvement of a principal structure where the proposed footprint equals or exceeds 50% of the existing principal structure.
SUPERMARKETA store that is larger than, and has a wider selection of products than, a grocery store. A supermarket typically offers a wide variety of food and household merchandise organized into departments.
SUPPLEMENTAL PLANTING PLANA 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.
TATTOO STUDIO/PARLORA place where people receive permanent decorative tattoos and/or body piercing from a tattoo artist.
TAVERNAn establishment used primarily for the serving of liquor by the drink to the public and where food or packaged liquors may be served or sold only as an accessory to the primary use. Also called a "bar" or "lounge."
TELEVISION OR SATELLITE DISHA device or equipment used primarily for the receiving of television, radio programming, or Internet which is a subordinate use or structure customarily incidental to and located upon the same lot as the main structure, in either a side or rear yard.
TEMPORARY DISTURBANCEA short-term change in the landscape that occurs as part of a development or redevelopment activity. "Temporary disturbance" 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; and grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity. "Temporary disturbance" does not include a septic system in a forest or developed woodland on a lot created before local program approval if clearing is required. "Temporary disturbance" also does not include a violation.
TEMPORARY EMERGENCY, CONSTRUCTION, OR REPAIR RESIDENCEA residence (which may be a mobile home) that is located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; or located on the same lot as a residence that is under construction and occupied by the persons intending to live in such permanent residence when the work is completed; or located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site. These residences shall be removed from the site within one month of the resolution of the situation that prompted their need.
THREATENED SPECIESAny species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be threatened species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.
TIDAL WETLANDSAll state and private 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, the coastal bays adjacent to Maryland's coastal barrier islands, and the Atlantic Ocean to a distance of three miles offshore of the low-water mark.
TOPOGRAPHYThe existing configuration of the earth's surface, including the relative relief, elevations, and position of land features.
TOURIST HOMEA private, owner-occupied home in which bedrooms are rented to tourists or travelers.
TOWERAny structure whose principal function is to support an antenna or wind turbine.
TOWNHOUSEOne of a group of attached single-family dwellings that are designed as single structures, with each dwelling unit separated by fire walls, fire separations, or similar party walls.
TOWNHOUSE UNITA single-family dwelling forming one of a series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof and having roofs that may extend from one such dwelling unit to another.
TRACTA lot. (See definition of "lot.") The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one tract is subdivided into several lots.
TRANSITIONAL HABITATA plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.
TRANSPORTATION FACILITIESAnything that is built, installed, or established to provide a means of transport from one place to another.
TREEFor purposes of the Critical Area, a woody perennial plant having a single, usually elongated main stem generally with few or no branches on its lower part; a perennial shrub or herb of arborescent form. For purposes of the forest conservation provisions of this chapter, a tree is defined as 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.
TRIBUTARY STREAMSPerennial and intermittent streams in the Critical Area that are so noted on the most recent U.S. Geological Survey 7.5-minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the Town.
UNDERREPRESENTED COMMUNITYThe term has the meaning stated in § 19-106 of the Business Regulation Article, Annotated Code of Maryland.
UNDERSERVED COMMUNITYThe term has the meaning stated in § 1-701 of the Environment article Annotated Code of Maryland.
UNDERSTORYThe layer of forest vegetation typically located underneath the forest canopy.
UNDERSTORY TREEA tree that, when mature, reaches a height between 12 and 35 feet.
UNWARRANTED HARDSHIPWithout a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
USEThe purpose or activity for which land or any building thereon is designed, arranged, or intended or for which it is occupied or maintained.
USE, CONDITIONALPermission to conduct certain activities within a zoning district. Such activities are considered conditional uses, which are permitted within the zone only upon special approval of the Board of Appeals.
USE, PERMITTEDA use which may be lawfully established in a particular district or district, provided it conforms to all regulations, requirements, and standards of such district.
UTILITY FACILITIES, NEIGHBORHOODUtility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.
UTILITY TRANSMISSION FACILITIESFixed structures that convey or distribute resources, wastes, or both, including, but not limited to, electric lines, water conduits, and sewer lines.
VARIANCEA modification only of density, bulk, or area requirements in this chapter where such modifications will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of this chapter would result in unnecessary hardship.
VENDOR OPERATIONSThose uses offering a product for sale on a regular basis, in which said sales are not located within a permanent structure.
VIEWING BOOTHAny booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROM, books, magazines, or periodicals) for observation by patrons therein. A viewing booth shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet.
WAREHOUSEA structure used for the storage and/or the sale of products at wholesale and where the sale of a product at retail is incidental.
WASH PLANTA facility where sand and gravel are washed during processing.
WATER-DEPENDENT FACILITIESThose structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the buffer. An activity is water dependent if it cannot exist outside the buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas, and other boat-docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities.
WATER-USE INDUSTRYAn industry that requires a location near the shoreline because it utilizes surface waters for cooling or other internal purposes.
WATERCOURSEAny natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent to it which is subject to inundation by reason of overflow or water.
WATERFOWLBirds which frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.
WHOLESALINGThe selling of goods in relatively large quantities and usually at lower prices than at retail, especially such selling to retailers for resale to consumers.
WILD OR EXOTIC ANIMALAny live monkey, raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal, poisonous snake or tarantula that can normally be found in the wild state or any other member of crocodilian, including but not limited to alligators, crocodiles, caimans, gavials or any other animal so classified by the State of Maryland. Ferrets, nonpoisonous snakes, rabbits, and laboratory rats which have been bred in captivity and which have never known the wild, shall be excluded from this definition.
WILDLIFE CORRIDORA strip of land having vegetation that provides habitat and a safe passageway for wildlife.
WILDLIFE HABITATThose plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area.
WIND TURBINEA device with vanes that are rotated by the wind to generate electricity, usually similar in appearance to a giant aircraft propeller and mounted on a tall, slim tower.
WOODED AREAAn area of contiguous wooded vegetation where trees are at a density of at least one six-inch-or-greater-caliper tree per 325 square feet of land and where the branches and leaves form a contiguous canopy.
YARDAn open space other than a court on a lot unoccupied and unobstructed from the ground upward except as otherwise provided for in this chapter.
YARD, FRONTA yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the terraces or uncovered porches. On corner lots, the front yard shall be considered parallel to the street upon which the lot has its least dimension.
YARD, REARA yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches, or entranceways.
YARD, SIDEA yard between the main building and the sideline of the lot extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and the side of the main buildings or any projections thereof.
ZONING DISTRICTAn area within which certain uses of land and structures are permitted and certain others are prohibited; yards and other open spaces are required; minimum lot areas and dimensions and other requirements are established.
ZONING OVERLAY DISTRICTA district that is placed over the existing regular or parent zoning because of the siting of a zoning district or imposes additional restrictions, e.g., the Critical Area Overlay District.
ZONING PERMITA written statement issued by the Director of Planning and Codes authorizing buildings, structures, or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.