For the purposes of this chapter, certain terms used are herein defined as follows:
ACCESSORY USEA use of a building, lot or portion thereof, which is incidental and subordinate to the principal use of the main building or lot.
AGRICULTURE or AGRICULTURAL PURPOSESThe raising of farm products for use or sale, including animal or poultry husbandry, and the growing of crops, such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar products of the soil.
APARTMENTAn area within a structure arranged or designed for occupancy by one family.
APARTMENT HOUSEAny building arranged, designed or used for rent or occupancy, or cooperatively owned by its occupants, having three or more family units, and with a yard, compound, service or utilities in common.
BEDROOMA room marketed, designed, or otherwise likely to function primarily for sleeping.
[Added 12-12-2006 by Ord. No. 429]
BOARDRefers to the Board of Appeals.
BUILDING LINEThe line established by law, beyond which a building shall not extend, as determined herein by front, side and rear yards.
BUILDINGSAny structure enclosed within exterior walls for the enclosure, shelter or protection of persons, animals or chattels.
COMMISSIONRefers to the Planning and Zoning Commission.
COMMUNICATION ANTENNAA directional or omnidirectional device which transmits or receives communication, including radio, television and personal wireless services. A communication antenna is mounted on a communication tower or on another structure or building. "Communication antenna" does not include amateur radio operator antennas which are accessory to a residential use and television antennas which are accessory to a residential use.
[Added 10-13-1998 by Ord. No. 319]
COMMUNICATION TOWERA structure to support radio, television and personal wireless transmission antenna; microwave relay tower; monopole; and similar structures for transmission or reception and retransmission of electronic signals. Communication towers include accessory equipment buildings that do not have office space.
[Added 10-13-1998 by Ord. No. 319]
(1) A freestanding tower stands without support of guy wires or cables.
(2) A guyed tower depends upon a pattern of supporting cables for its stability.
COMMUNICATION TOWER COMPLEX[Added 10-13-1998 by Ord. No. 319]
(1) Any single parcel of land on which are situated or proposed to be situated two or more communication towers; or
(2) More than one tower being used for a common purpose or enterprise and location on contiguous parcels.
COMPANION ANIMALAny animal that is commonly kept by persons as a pet or for companionship, including but not limited to domesticated dogs and domesticated cats.
[Added 9-21-2010 by Ord. No. 479]
CONDITIONAL USESUses which are specified for Board of Appeals approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with §
135-265. The term "conditional use" shall constitute the same meaning as "special exception," specified as one of the general powers of the Board of Appeals in accordance with Article 66B of the Annotated Code of Maryland.
CONSTRUCTION STARTEDFor the purposes of this chapter, construction will be deemed to have begun when all of the necessary excavation and piers and/or footings of one or more buildings or structures covered by the permit have been completed.
DWELLINGAny building which is arranged, designed or used, in whole or in part, for residential purposes, but not including a tent, cabin, trailer or mobile home or a room in a hotel or motel.
DWELLING, MULTIFAMILYA detached building or a group of attached and semidetached buildings, designed for or used exclusively for residential purposes by more than two families or more than two housekeeping units.
DWELLING, SINGLE-FAMILYA detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.
DWELLING, TWO-FAMILYA detached building with one dwelling unit above the other (duplex) or two semidetached dwelling units located on abutting lots or on the same lot, separated by a party wall without openings, in either case designed for or used exclusively for residential purposes by not more than a total of two families or more than two housekeeping units.
[Amended 12-16-1991 by Ord. No. 226]
EXOTIC ANIMALAny animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include but are not limited to any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified:
[Added 9-21-2010 by Ord. No. 479]
(1) Nonhuman primates and prosimians (monkeys, chimpanzees, baboons).
(2) Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars, not domesticated cats).
(3) Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs),
(5) Reptilia (all venomous snakes, all constricting snakes).
(6) Crocodilia (alligators, crocodiles).
(9) Artiodactyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats).
(10) Procyonidae (raccoons, coatis).
(11) Marsupialia (kangaroos, opossums).
(12) Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules).
(13) Edentara (anteaters, sloths, armadillos).
(14) Viverridae (mongooses, civets, and genets).
EXPLOSIVESAny chemical compound, mixture or device, the primary or common purpose of which is to function by explosion.
FAMILYOne or more persons occupying a single housekeeping unit.
FARMAn area of land used for agricultural purposes, as defined in this section, and which provides a primary source of income for the occupant or owner.
FARM ANIMALAny animal commonly used by persons for use, draft or pleasure purposes. The definition of "farm animal" includes but is not limited to: poultry, rabbits, cattle, swine, sheep, goats and horses.
[Added 9-21-2010 by Ord. No. 479]
FENCEAny structure or barrier that is naturally grown or constructed for purposes of confinement, means of protection or use as a boundary.
[Added 12-12-2006 by Ord. No. 429]
FERAL CATA domestic cat that does not appear by its behavior or appearance and possibly location found to have been domesticated. A domestic cat that is not tame and behaves as if it were wild.
[Added 6-11-2013 by Ord. No. 500]
FLEX SPACEA building that is designed in modular bays to accommodate business of varying sizes, and used for offices, research and development, light manufacturing, assembly, storage, sales, and similar uses, including business community support retail up to 15% of the buildings in the project. Flex space buildings have rear loading only and generally have 25% or more of the space in any bay devoted to office use.
[Added 4-8-2008 by Ord. No. 444]
FOOD COURTA common area within a building or facility with multiple food vendors and provides a common area for sit-down dining. The food may also be ordered as takeout for consumption at another location.
[Added 7-13-2021 by Ord. No. 541]
GARAGE SALEAlso called a "yard sale" or "moving sale." The occasional sale of surplus personal property held on premises by the owner or occupant of a lot in a residential district.
[Added 12-12-2006 by Ord. No. 429]
GARAGE, RESIDENTIALAn accessory building, portion of a main building or building attached thereto used for the storage of private motor vehicles, 50% of which may be for the storage of a commercial vehicle.
GARAGE, SERVICEA garage, other than a residential garage, where motor vehicles, trailers or other types of equipment are stored, equipped for operation, repaired or kept for remuneration, hire or sale.
HEALTH DEPARTMENTThe Carroll County Department of Health.
[Amended 12-12-2006 by Ord. No. 429]
HISTORIC DISTRICT COMMISSIONRefers to the Historic District Commission authorized in accordance with Article 66B of the Annotated Code of Maryland.
HOME-BASED BUSINESSAn in-home commercial activity operated in a residential dwelling by one or more family members who reside within the dwelling.
[Added 3-8-2005 by Ord. No. 408]
HOME OFFICE or OCCUPATIONAn in-home office or economic activity operated in a residential dwelling by a family member residing within the dwelling.
[Added 3-8-2005 by Ord. No. 408]
HOSPITAL, CLASS AA hospital which does not primarily treat communicable diseases, insane or feebleminded patients, epileptics, drug addicts or alcoholic patients and is not a penal or correctional institution.
HOSPITAL, CLASS BA hospital which does primarily treat the types of cases noted in a Class A hospital above and which may be a penal or correctional institution.
INDUSTRIAL PARKThe division of a tract of land, which is eminently suitable for industrial use, into small tracts or parcels, according to a Comprehensive Plan, for occupancy by a group of industries and which has streets and utilities.
[Amended 8-11-1998 by Ord. No. 316]
KENNELAny building or structure and/or land used, designed or arranged for the housing, boarding, breeding or care of more than three adult dogs, which are kept or bred for hunting, sale, exhibition or domestic use, or other domestic animals which are kept or bred for profit, but not including those animals raised for agricultural purposes.
LAW ENFORCEMENT FACILITYAn administrative center for any public agency responsible for the public order and safety. It cannot include a holding facility which has the purpose of detaining persons charged with criminal law violations while awaiting trial or sentenced criminal offenders.
[Added 7-13-2021 by Ord. No. 541]
LOTA piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, including all open spaces required by this chapter, having frontage on a street as defined herein.
LOT, CORNERA lot abutting two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°. A lot abutting a curved street may be considered a corner lot if the angle of the roadway curve is less than 135°.
[Amended 12-12-2006 by Ord. No. 429]
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered "frontage," and yards shall be provided as required herein, except that not more than one rear yard shall be required.
LOT MEASUREMENTS(1) "Depth" is the average horizontal distance between the front lot line and the rear lot line.
(2) "Width" shall mean the horizontal distance between side lot lines, measured at the midpoints of the side lot lines.
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County or a lot or parcel described by metes and bounds, the description of which has been so recorded.
NONCONFORMING USEA use of a building or of land lawfully existing at the time this chapter becomes effective and which does not conform to the use regulations of the zone in which it is located.
NURSING HOMEIncludes:
(1) Rest homes, nursing homes, convalescent homes for children and homes providing chronic and convalescent care.
(2) An extended care, intermediate care or personal care facility, as defined within Maryland State Health Department regulations.
(3) An institution which admits two or more individuals for care, and who are not related to the owner or administrator.
(4) A domiciliary care facility, as further defined within Maryland State Health Department regulations.
(5) An institution which admits four or more aged and/or disabled nonrelated individuals who are not gainfully employed, and which maintains the necessary facilities and provides a protective institutional or home-type environment.
(6) A treatment facility for emotionally disturbed children and for adolescents, as further defined within Maryland State Health Department regulations.
(7) An institution for the treatment of emotionally disturbed children and/or adolescents, with overnight accommodations for two or more nonrelated individuals.
OPEN SPACELand provided and deemed necessary and desirable for present and future residents and citizens of the area, including such land in stream valleys, natural woods, areas of unusual natural scenic beauty, local play lots, recreational walkways, pathways and planting areas in residential subdivisions.
PLANNED BUSINESS CENTERThree or more retail stores or service establishments designed as a unit and primarily served by common accessories, such as signs, parking lots, arcades and walkways.
RESIDENCE DISTRICTA district classified as "R-40,000," "R-20,000," "R-10,000" or "R-7,500."
[Added 10-24-1995 by Ord. No. 281]
RESTAURANTAny establishment of which the principal business is the sale of food and of which the principal method of operation is to serve food ordered from a menu to seated customers at a table, booth or counter inside the establishment. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or park, operated solely for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."
[Added 10-24-1995 by Ord. No. 281]
RESTAURANT, FAST-FOODAny establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short wait and packaged or presented so that it can readily be eaten on the premises or taken outside the premises where it is sold.
[Added 10-24-1995 by Ord. No. 281; amended 7-13-2021 by Ord. No. 541]
RETIREMENT HOMESSpecifically designed multi-dwelling-unit buildings consisting of efficiency and one-bedroom dwelling units, to which occupancy is restricted to elderly citizens.
SANITARY FILLAny premises used primarily for the disposal of garbage or any refuse by dumping, reduction, incineration or burial.
SERVICE STATIONAny area of land including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil and accessories at retail, where minor repair service is incidental and no storage or parking space is offered for rent.
SETBACKThe required minimum horizontal distance between the building line, as defined herein, and the related front, side or rear property lines.
SIGNA name, identification, description, display, illustration or device which is affixed or represented, directly or indirectly, upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
SIGN, BUSINESSA sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where the sign is located.
SIGN, OUTDOOR ADVERTISINGA sign structure which directs attention to a business, commodity, service or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
SOLAR FARMAn area of land on which a large number of ground-based solar panels are installed to generate electricity.
[Added 1-12-2021 by Ord. No. 538]
STABLE, PRIVATE HORSEAn accessory structure designed for the shelter, feeding and care of no more than two horses or ponies which are maintained on the property as pets or for domestic use, as distinguished from agricultural or commercial stables.
STREET or HIGHWAY or ROADAny street existing or which may be approved by the Commission. The word "street" shall also mean "road," "highway," "boulevard," "avenue," "lane" or "court."
STRUCTUREAnything constructed, the use of which requires a fixed location on the ground or is attached to something having such location, but not including fences; power, gas, water, sewage or communication lines or poles, towers or pole structures; sidewalks; driveways; or curbs.
SUBDIVISIONThe division of any tract or parcel of land into two or more lots or parcels for immediate or future sale, lease or building development. If a new street is involved, "subdivision" shall mean any division of a tract or parcel of land.
[Added 10-10-1995 by Ord. No. 276]
TEMPORARY USEAny use which has been authorized under the provision of this chapter, which is not unlimited as to the time in which such use shall legally continue.
USE-IN-COMMON DRIVEA private drive or road that does not meet the definition of "street" under this chapter but serves as a common vehicular access to more than one residential lot. All use-in-common drives serve only as access to the lots on the drive and cannot be considered as streets for legal frontage as required by this chapter.
[Added 12-12-2006 by Ord. No. 429]
UTILITIESRoads (public and private), underground or overhead electrical, gas, communications, stormwater management, water quality, water and sewerage systems, including poles, towers or pole structures, wires, lines, mains, drains, dams, swales, outfalls, sewers, conduits, cables, fire alarm boxes, public telephone stations, police call boxes, traffic signals, fire hydrants, regulating and measuring devices and the structures in which they are housed and other similar equipment, structures and accessories in connection therewith. It does not include buildings, yards or stations used for storage, repair or processing of equipment or material and does not include buildings, yards, stations or substations for transforming, boosting or switching purposes, where such facilities are constructed on the ground.
[Amended 1-19-1993 by Ord. No. 230]
VARIABLE MESSAGE SIGN (ELECTRONIC)A sign capable of displaying words, symbols, figures and/or images electronically. This definition shall include light-emitting diode (LED) or similar screens.
[Added 4-13-2010 by Ord. No. 476]
VARIABLE MESSAGE SIGN (MANUAL)A sign which is capable of change of copy through the manual changing of text, symbols or numbers. These signs also are referred to as "reader board panels."
[Added 4-13-2010 by Ord. No. 476]
VARIANCEA relaxation of the regulations and requirements listed in §
135-259, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
[Amended 10-24-1995 by Ord. No. 281]
YARDAn open space on the same lot with a principal building(s) and/or principal use, which lies between such building(s) and/or principal use and the lot line and is open and unoccupied from the ground up.
[Amended 12-12-2006 by Ord. No. 429]
YARD, FRONTA yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. Where a lot abuts or adjoins two or more streets each yard adjoining or abutting a street shall be considered a front yard.
[Amended 12-12-2006 by Ord. No. 429]
YARD, FRONT (PRIMARY)The Planning and Zoning Commission may, as part of the site plan or subdivision review process, designate one front yard on any corner lot as the primary front yard. Where such designation does not exist on the approved site plan or subdivision plat, the Planning and Zoning Commission may, upon the request of the property owner, designate one front yard of any corner lot as the primary front yard.
[Added 12-12-2006 by Ord. No. 429]
YARD, FRONT (SECONDARY)On any corner lot where a primary front yard has been properly designated by the Planning and Zoning Commission, all other front yards shall be considered secondary front yards.
[Added 12-12-2006 by Ord. No. 429]
YARD, REARA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
YARD, SIDEA yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
ZONING CERTIFICATEA written statement issued by the Zoning Administrator authorizing buildings, structures or uses in accordance with the provisions of this chapter.