Howard County Unincorporated
City Zoning Code

SECTION 103

0: - Definitions

Terms used in these Zoning Regulations shall have the definition provided in any standard dictionary, unless specifically defined below or in any other provision of these Zoning Regulations:

Access, Direct: Vehicular access from a proposed development or use to a public road where the access is not by way of an easement or a common driveway where the access is shared with other properties or uses.

Accessory Apartment: See "Dwelling, Accessory Apartment".

Accessory Use or Accessory Structure: A use or structure which is customarily incidental to the principal use or structure, serving no other use or structure, and which is subordinate in area, intensity and purpose to the principal use or structure. An accessory use or accessory structure shall be located on the same lot or parcel as the principal use or structure, except where it is otherwise allowed in these Zoning Regulations.

Adjoining Property: Land which is touching or would be touching in the absence of an intervening utility or road right-of-way, other than a principal arterial highway.

Adult Entertainment Business: This term includes the following types of business:

Adult Book or Video Store: A business establishment open to the public or to members that offers for sale or rental any printed, recorded, photographed, filmed or otherwise viewable material:

(1)

Where at least 20% of the stock in trade of such material on the premises is characterized by an emphasis on matters depicting, describing or related to sexual activities; or

(2)

Where at least 20% of the total usable floor area of the establishment is devoted to storage or display of such material that is characterized by an emphasis on matters depicting, describing or related to sexual activities; or

(3)

Has on the premises one or more mechanical devices for viewing such materials.

As an accessory use to the sale or rental of such material such establishments may include film or slide projectors, videotape players, or other image-producing devices used on the premises for displaying material to individual viewers.

Adult Movie Theater: A business establishment open to the public or to members that regularly and routinely offers for viewing on the premises films, videos or similar material characterized by an emphasis on matters depicting or describing sexual activities.

Adult Live Entertainment Establishments: A business establishment open to the public or to members that regularly and routinely features employees or live performers who appear in a state of nudity or presents live entertainment, exhibits, displays or performances characterized by sexual activities, real or simulated, or nudity.

In this definition, "Sexual Activities" includes "Sexual Conduct", "Sexual Excitement' or "Sadomasochistic Abuse" as these definitions occur in the criminal law provisions of the Annotated Code of Maryland; and "Nudity" means less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Age-Restricted Adult Housing: A development that contains independent dwelling units, each with a full kitchen that is designed for and restricted to occupancy by households having at least one member who is 55 years of age or older. An exception is allowed for up to five years following the death or departure, due to incapacity, of a household member 55 years or older, provided a surviving household member who is at least 50 years old continues to live in the unit. Children less than 18 years of age shall not reside in a dwelling unit for more than a total of 90 days per calendar year. Age-restricted adult housing may include accessory structures or uses for the residents, such as social, recreational or educational facilities and housekeeping, security, transportation or personal services.

Agricultural Land Preservation Easement: An easement held by the Maryland Agricultural Land Preservation Foundation or the Howard County Agricultural Land Preservation Program.

Agricultural Processing Facility, Local: A facility on a farm that processes agricultural products grown or produced on the farm where it is located, supplemented by agricultural products grown elsewhere.

Agricultural Processing, Primary: Processing on the farm of an agricultural product grown on the farm in the course of preparing it for market. Primary processing is subordinate and incidental to the farm operation and includes the following uses:

Basic Processing: Processing necessary to store and market farm products. Basic processing does not include treatment that changes the form of the product, but does include treatment such as cutting, drying and packaging.

Value-added Processing: Treatment that changes the form of a farm product in order to increase its market value, including such processes as canning, milling, grinding, freezing, heating and fermenting.

Agritourism Enterprise: Activities conducted on a farm and offered to the public or to invited groups for the purpose of recreation, education or active involvement in the farm operation. These activities must be related to agriculture or natural resources and incidental to the primary operation on the site. This term includes farm tours, farm stays, hay rides, corn mazes, classes related to agricultural products or skills, picnic and party facilities offered in conjunction with the above, and similar uses.

Alley: A private street which provides access to the side or rear of two or more lots for service functions such as loading or deliveries, trash pick-up, or parking areas.

ALPP: Agricultural Land Preservation Program.

Ambulatory Health Care Facilities includes, but is not limited to, health maintenance organizations, out-patient clinics, diagnostic centers, ambulatory surgical facilities, physician offices, public health clinics, or community mental health centers.

Amenity Area: A usable outdoor landscaped or hardscaped area such as a plaza, courtyard, garden or similar area which is designed to be open to and used by the public, and to be easily accessible.

Animal Hospital: A building or portion of a building that is principally used by a licensed veterinarian for the practice of veterinary medicine. An animal hospital may include accessory boarding and grooming of animals and sale of pet supplies.

Animal Unit: A unit of measurement used to regulate the number of livestock on a residential lot or parcel that is not used as a farm. One Animal Unit equals the following:

One horse, mule or cow

Two ponies, miniature horses, donkeys or pigs.

Four llamas, alpacas or emus.

Ten sheep or goats.

Animal unit ratio requirements for other livestock or immature animals or fowl shall be made on a case by case basis using generally available information on animal unit equivalencies and the generally accepted ratio that one animal unit approximately equals 1,000 pounds of live animal weight. Fish and other aquatic animals in aquafarming facilities are not subject to animal unit requirements.

Antenna: A device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels and microwave dishes, and omnidirectional antennas, such as whips and satellite dishes.

Assisted Living Facility: A residential care facility that provides housing and supportive services, supervision, personalized assistance, health-related services, or a combination of these services to at least nine persons who are unable to perform, or who need assistance in performing, the activities of daily living and is under a license or certificate issued by the State of Maryland as an assisted living facility.

Athletic Facility, Commercial: A commercial facility principally providing activities, services or training in sports or exercise related matters, including such uses as tennis centers, health centers, gyms, climbing centers, dance studios, weight training centers, martial arts centers, swimming pools and similar uses. Commercial athletic facility uses do not include commercial recreation facility uses as defined.

Bed and Breakfast Inn: A historic building, or a building on a farm with an agricultural land preservation easement, in which, for compensation, sleeping accommodations are provided to transient guests in not more than six guest rooms. A bed and breakfast inn may include the provision of meals for overnight guests only.

Breezeway: A roofed passageway, the design and construction of which matches the design and construction of the principal structure, for the purpose of connecting the principal structure to another building or structure.

Building: A structure with exterior walls and a roof which combine to form a structure used for the occupancy or activities of persons, for the shelter of animals, or for the storage or protection of objects, including but not limited to apartments, barns, dwellings, garages, hotels, offices, restaurants and stores. Signs are not to be considered a building, or part of a building, and are regulated by the Howard County Code.

Building Height: The vertical distance from the mean elevation of the lowest and highest elevation points at grade adjoining the exterior walls of the building to the highest point of a flat roof; to the deck line of a mansard roof; and to the mean height between the eave and ridge of the highest roof section for a gable, hip or gambrel roof. Where the grade has been artificially raised above the natural or surrounding finished grade, the vertical distance will be measured by projecting the natural or surrounding finished grade onto the foundation wall.

Building Restriction Line (BRL): A line established on a lot to indicate the minimum structure setbacks required by the Zoning Regulations for the zoning district in which the lot is located or the setbacks required by the Subdivision and Land Development Regulations, if more restrictive.

Cemetery: A place principally used for the permanent interment of human remains or the cremated remains thereof. A cemetery may include land used for grave sites, mausoleums, and/or columbariums but shall not include crematoriums. A mortuary is a separate use category defined in this Section.

Charitable or Philanthropic Institution: A private, nonprofit organization whose primary function is to provide health, social, environmental conservation, religious or benevolent services. This term does not include any commercial operation, or any organization whose purpose is to operate a trade or business or to promote the economic advancement of its members, such as a professional or trade association or a labor union. In addition, this term does not include any use category defined or listed in these Zoning Regulations, such as a child day care center, day treatment or care facility, residential care facility, nursing home, private club or lodge, private school, retreat center, museum or hospital.

Chicken Keeping, Residential: The care and raising of eight or fewer hens, on a residential parcel or lot improved with a single-family detached dwelling. This term does not apply to any other fowl animal, including but not limited to, ducks, geese, peafowl and turkeys. Roosters are not permitted.

Cluster Exchange Option: One of two options for transferring density from a sending parcel in the DEO Overlay District. The cluster exchange option allows density to be transferred from a qualifying sending parcel at a maximum rate of one development right per 4.25 gross acres of area within the sending parcel.

Cluster Subdivision: A type of subdivision allowed in the RC and RR Zoning Districts and consisting of cluster lots and a preserved area. The preserved area is the residual area of the parcel being subdivided and consists of one or more preservation parcels.

Commercial Use: Any use involving in part or in whole the sale or rental of merchandise, materials or services, but not including home occupations as defined in this section.

Commercial Vehicle: Every motor vehicle and trailer licensed by the State, designed or used for transporting goods or equipment in the furtherance of any commercial enterprise; a motor vehicle that is designed and used to carry people for compensation, including school buses but excluding taxicabs.

(Bill No. 53-2017(ZRA-169), § 1, 11-13-2017)

Communication Tower: A structure principally designed and intended to support antennas. This term includes lattice-type structures, either guyed or self-supporting, and monopoles, which are self-supporting pole-type structures, tapering from base to top and supporting a fixture designed to hold one or more antennas.

Community Supported Agriculture (CSA): Partnership between consumers and farmers in which consumers pay for farm products in advance and farmers commit to supplying sufficient quantity, quality and variety of products throughout the growing season.

Editor's note— Bill. No. 20-2014(ZRA-149), § 1, effective August 4, 2014, repealed the previously existing definition of Composting Facility.

Conditional Uses: Land uses and activities which require approval by the Hearing Authority for a specific location and site plan, based upon standards established in these Zoning Regulations. Formerly called special exceptions.

Conference Center: A facility principally used for conferences and seminars, limited to accommodations for conference attendees. In addition to meeting rooms, the accommodations may include dormitories, guest rooms or similar lodging facilities, cafeterias, dining rooms, recreational uses and supporting services. A conference center is not designed to be used by the general public for overnight accommodations.

Convenience Store: A commercial establishment which sells snack foods, packaged or prepared food and beverages, and other food and convenience items for consumption off the premises.

Cottage Food Business: A business that produces or packages non-hazardous food products as defined in the Code of Maryland Regulations (COMAR) in a residential kitchen and offers these products for sale only at a farmers' market or public event.

(Bill No. 28-2017(ZRA-174), § 1, 7-5-2017)

Country Inn: An historic building in which one or more of the following services is offered: lodging for transient guests on a daily, weekly or similar short term basis; a standard restaurant as defined in these Zoning Regulations; a banquet facility or catering service; or meeting rooms. A country inn may include related accessory uses such as:

Antique shop, gift shop, Christmas shop, book, candle, card and similar specialty shops;

Bakery, provided such use is limited to the retail sale from the premises of goods baked on the premises only;

Arts and crafts exhibits and sale of products;

Sale of packaged or canned food products special to the establishment;

Museums and cultural exhibits;

Recreational uses for the sole use of overnight guests or guests attending meetings or catered events at the inn;

Any other uses similar to the foregoing and any use normally and customarily incidental to a country inn.

For the purpose of this definition, no boarding house, fast food restaurant, dormitory, fraternity or sorority house shall be considered a country inn.

Day Care Center, Child: A commercial establishment that offers or provides child care to at least nine children on a regular schedule, at least twice a week, for part of a 24 hour period, under a license or registration issued by the State of Maryland for a child care center.

Day Treatment or Care Facility: A nonresidential facility which is licensed or certified by the State of Maryland to provide service including supervision, personal care, training or sheltered employment, during part of a 24 period, on a regular schedule, for two or more individuals in need of such services due to a medical handicap, physical or mental disability, advanced age, or addiction to drugs or alcohol. This term shall not include a child day care center, school, medical clinic or residential care facility as defined in these Regulations.

Density: The number of principal dwelling units per unit of land area. Accessory dwelling units such as farm tenant houses, caretaker dwellings and accessory apartments are not included when calculating density.

Density Exchange Option: One of two options for transferring density from a sending parcel in the DEO Overlay District. The Density Exchange Option allows density to be transferred from a qualifying sending parcel at a maximum rate of one development right per three gross acres of area within the sending parcel.

Depth of Lot: The mean horizontal distance between the front line and rear lot line of a lot.

Detached Building: A building surrounded by yards or other open area on the same lot.

Develop or Development: This term refers to the establishment of a principal use on a site; a change in a principal use of a site; or the improvement or alteration of a site by construction, enlargement, or relocation of a structure, the provision of storm water management or roads, the grading of existing topography, the clearing or grubbing of existing vegetation, or any other non-agricultural activity that results in a change in existing site conditions.

Downtown Arts, Cultural and Community Use: Land areas, uses and facilities established for cultural, civic, recreation, educational, environmental, entertainment or community use or benefit, whether or not enclosed and whether publicly or privately owned or operated for profit, including, but not limited to, libraries, fire stations, schools, museums, galleries, artistic work, and transit facilities. Eating, seating and gathering areas that are accessory to these uses are permitted.

Downtown Arts and Entertainment Park: A contiguous area including a large outdoor amphitheater which may be surrounded by a variety of smaller indoor or outdoor artistic and performance spaces, museums, galleries and similar cultural or educational uses in a park-like setting. Ancillary uses such as food vendors, gift shops, small restaurants and supporting infrastructure such as utilities, public and private roadways, multi-modal circulation systems adjacent to public and private roadways, surface parking lots, parking structures, and underground parking are also permitted.

Downtown CEPPA Implementation Chart: The chart and associated text and flexibility provisions contained in the Downtown Columbia Plan which identify the phasing for Downtown Community Enhancements, Programs and Public Amenities.

Downtown Columbia: The following recorded Final Development Plan Phases: Phase 4, Phase 4-A-5, Phase 21, Phase 47-A-7, Phase 52, Phase 62-A-1, Phase 95, Phase 101-A, Phase 105, Phase111-A-1, Phase 115, Phase 121, Phase 122-A, Phase 139-A-3, Phase 140-A-1, Phase 192-A, Phase 211, Phase 217-A-1, Phase 219, Phase 234, and the area within the described limits included in exhibit A of the Appendix in these Zoning Regulations.

Downtown Columbia Plan: The General Plan Amendment for Downtown Columbia approved by County Council Bill No. 58-2009.

Downtown Community Commons: Amenity spaces such as plazas, promenades, greens, gardens, squares and other pedestrian-oriented areas, whether publicly or privately owned, that are intended for community interaction and may include spaces for seating, walking, eating, gathering, fountains, public art, way-finding signage, kiosks, or other similar public amenities. Downtown Community Commons can also include walkways that are designed to enhance and be an integral part of the adjacent amenity space, but shall not include any drive lane for vehicular traffic such as private streets, alleys and public roadways for automotive use. Downtown Community Commons must be generally accessible by the public without charge. Included in this category are Downtown Neighborhood Squares. Downtown Community Commons may be integrated into or developed as a part of other uses and may include underground parking, utilities and other infrastructure supporting downtown revitalization.

Downtown Community Enhancements, Programs and Public Amenities (CEPPA): The specific feasibility studies, improvement and management organizations, environmental enhancement programs, and physical improvements identified in the Downtown CEPPA implementation chart contained in the Downtown Columbia Plan.

Downtown Environmental Restoration: Projects within Downtown Columbia that are identified in Columbia Towncenter Merriweather and Crescent Environmental Enhancements Study or Best Management Practices for Symphony Stream and Lake Kittamaqundi Watersheds involving forest restoration and enhancement, reforestation and afforestation, wetland enhancement, and stream restoration activities.

Downtown Environmentally Sensitive Land Area: An area within Downtown Columbia meeting the definition in the Howard County Land Development Regulations of either a floodplain, steep slope, stream or wetland buffers.

Downtown Maximum Building Height Plan: The plan which graphically represents the maximum building height requirements for all Downtown revitalization, as depicted in the Downtown Columbia Plan.

Downtown Mixed-Use: A land-use designation that permits any use or combination of uses permitted under Section 125.0.A.9.B. including supporting infrastructure, such as utilities, public and private roadways, multi-modal circulation systems adjacent to public and private roadways, surface parking lots, parking structures, and underground parking.

Downtown Neighborhood Concept Plan: A concept plan showing an individual neighborhood identified in the Downtown Columbia Plan that depicts a general layout for proposed public and private streets, block sizes and configurations, maximum building heights and proposed Downtown Community Commons as context for the evaluation of the Final Development Plans.

Downtown Neighborhood Design Guidelines: Urban design guidelines for an individual neighborhood identified in the Downtown Columbia Plan.

Downtown Neighborhood Square: An outdoor amenity space comprised of not less than 25,000 contiguous square feet, exclusive of bike paths and required sidewalks that might be located along its perimeter. A Downtown Neighborhood Square may be covered or partially covered.

Downtown Net New: As applicable, the number of dwellings, hotel and motel rooms, and the amount of gross floor area of commercial office and commercial retail uses that are permitted under the Downtown Revitalization Approval Process after April 6, 2010 in excess of the number of dwellings, hotel and motel rooms, and gross floor area of commercial office and commercial retail uses that are shown on a Site Development Plan for property located within Downtown Columbia that was approved prior to April 6, 2010.

Downtown Open Space Preservation Plan: A plan included in the Downtown Columbia Plan delineating all land in Downtown Columbia designated as open space on a Final Development Plan recorded prior to April 6, 2010 that is required to retain its existing character as: Downtown Environmentally Sensitive Land; Downtown Parkland; Downtown Community Commons; or a Downtown Arts and Entertainment park, as specified in Section 125.0.A.9.H.

Downtown Parkland: An area generally accessible by the public without charge for active and/or passive recreation purposes which consists primarily of vegetated areas with a natural character, more formal lawns, gardens and walks, pedestrian connections, minor active structured recreation uses such as urban playgrounds, public art, fountains and minimal structures such as cafes and outdoor dining areas, gazebos, pavilions, outdoor stages, and kiosks.

Downtown Primary Amenity Space Framework Diagram: A plan and associated text included in the Downtown Columbia Plan depicting existing and proposed primary amenity and natural spaces in Downtown Columbia.

Downtown Public Art: Original outdoor artwork which is accessible to the public.

Downtown Revitalization: A form of development required in Downtown Columbia after April 6, 2010 in compliance with the applicable provisions of Section 125.0 that must conform with the recommendations of the Downtown Columbia Plan.

Downtown Revitalization Phasing Plan: A phasing plan included in the Downtown Columbia Plan identifying additional development rights by phase for Downtown Revitalization.

Downtown Signature Building: An existing or proposed structure which requires premiere attention to its architectural design because of its cultural significance or prominent location in relationship to the public realm, such as its position on a street or open space, or as the terminus of a vista.

Downtown-wide Design Guidelines: General urban design guidelines for Downtown Revitalization adopted by the Howard County Council.

Dwelling: A building, or portion thereof, which provides living facilities for one family. As used herein, the term "dwelling," or any combination thereof, shall not be deemed to include a hotel, motel, clubhouse, hospital or other accommodations used for more or less transient occupancy.

Dwelling, Accessory Apartment: A second dwelling unit located within a single-family detached dwelling which complies with the requirements for such uses within Section 128.0.A.
(See also the definition of Dwelling, Two-family)

Dwelling, Temporary Accessory Family: A Conditional Use category for a second dwelling unit on a lot which is used for the housing of an elderly or disabled family member of the resident of the principal dwelling unit and which complies with the requirements of Section 131.0.N. A temporary accessory family dwelling shall either be a removable modular building designed for this purpose or an alteration of an existing accessory building. A temporary accessory family dwelling shall not be a newly constructed building.

Dwelling, Apartment: A dwelling in a building containing three or more dwelling units separated by both vertical and horizontal party walls.

Dwelling, Manufactured: This term has the same meaning as "Mobile Home".

Dwelling, Modular: A dwelling unit that has a minimum floor area of 900 square feet and a gabled roof, is fabricated in an off-site manufacturing facility for installation or assembly at the building site, and bears insignia certifying that it is built in compliance with the standards for industrialized buildings contained in the Industrialized Building and Mobile Homes Act of the Annotated Code of Maryland, Article 83B, Sections 6-201, et. seq.

Dwelling, Multi-Family: This term includes apartments, whether rental units or condominiums, and single-family attached dwellings.

Dwelling, Multi-Plex: A dwelling unit in a multi-plex dwelling unit building that resembles a large, single-family detached dwelling, but is divided internally into three or four units. The dwelling units are separated by party walls, but are not arranged in line and the party walls are not parallel to each other. The dwellings may have a shared or separate exterior entrance.

Dwelling, Single-family Attached: One of a series of two or more dwelling units, separated either by vertical or horizontal party walls, with each unit having its own separate exterior entrance(s).

Dwelling, Single-family Detached: A building, including a modular dwelling, arranged or designed for use as a principal dwelling, and entirely separated from any other principal building by open area on all sides.

Dwelling, Single-family Semi-Detached: One of two attached dwelling units located on abutting lots, separated by one vertical party wall without openings extending from the basement floor to roof along the dividing lot line, with each unit having its own exterior entrance and its own adjacent ground level outdoor area for the exclusive use of its occupants.

Dwelling, Two-family: A building which contains two dwelling units, of which neither is an accessory apartment, and which is arranged, designed or used for occupancy by two families. The dwelling units in a two-family dwelling are not separated by an attached garage or by an open or enclosed breezeway.
(See also the definition of Dwelling, Accessory Apartment.)

Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking limited to one kitchen, and sanitation.

Dwelling, Zero Lot Line: A single-family detached dwelling unit located with one side less than seven and a half feet from one side lot line and designed to orient interior space to the other three yards.

Electric Vehicle Charging Station: A facility that dispenses electricity to electric vehicles of the general public or vehicle fleets for a fee. This term does not include private electric vehicle charging stations that are accessory to a permitted principal use.

Executive Golf Training and Recreation Center: A golf teaching and practice facility of at least five acres. Such a facility shall consist of a predominantly natural turf golf course with shorter fairways and smaller greens than a regulation course, shall contain additional teaching and putting greens, and shall include features such as trees and sand and water hazards. The facility may also include customary accessory buildings containing recreational, training and maintenance or other facilities such as a shop for the sale or rental of golf equipment and clothing or a restaurant.

Family:

A single person occupying a dwelling and maintaining a household, or

Two or more persons related by blood, marriage or adoption, occupying a dwelling, living together, and maintaining a common household, or

Not more than eight unrelated persons occupying a dwelling, living together, and maintaining a common household.

Farm: A lot or parcel of land used for farming that is 3.0 acres or larger.

Farm Brewery: An agricultural processing facility located on a farm with equipment, components and supplies for the processing, production and packaging of beer, ale, porter, stout and similar malt-based or grain based beverages on the premises. Farm brewer activities may include associated cooking, fermenting, bottling, storage, aging, shipping, receiving, and may also include accessory facilities for laboratory work, maintenance, and office functions.

(Bill No. 44-2013(ZRA-146), § 1, 12-9-2013)

Farm Brewery—Class 1A: A farm brewery which includes product tasting, product sales, site tours, and educational programs.

(Bill No. 44-2013(ZRA-146), § 1, 12-9-2013)

Farming: The use of land for agricultural purposes, including:

Crop production, apiaries, horticulture, orchards, agricultural nurseries, viticulture, silviculture, aquaculture, and animal and poultry husbandry;

The growing, harvesting and primary processing of agricultural products;

The breeding, raising, training, boarding and general care of livestock for uses other than food, such as sport or show purposes, as pets or for recreation;

The operation of agricultural machinery and equipment that is an accessory use to a principal farming function. Agricultural machinery and equipment may be used on farms that are not the farm on which the machinery and equipment is normally stored;

The construction and maintenance of barns, silos and other similar structures subject to compliance with any applicable bulk regulations;

The transportation, storage, handling and application of fertilizer, soil amendments, pesticides and manure, subject to all Federal, State and Local laws;

The temporary, onsite processing of chickens or rabbits on a farm in accordance with the Agriculture Article of the Annotated Code of Maryland; and

Other uses directly related to, or as an accessory use of, the premises for agricultural purposes including special farm uses permitted under Section 128.0.I.

Not included in this definition are those uses subject to Section 131.0 Conditional Use requirements.

Farm Stand: A structure or outdoor area located on a farm and used for the sale of farm products grown or produced on the farm on which the stand is located. Where permitted by these Zoning Regulations, sale of farm products grown or produced off-site may be part of the use.

Farm Tenant House: An accessory detached building or mobile home that is:

Designed and arranged for use as a dwelling;

Located on a parcel of land used for farming; and

Occupied by at least one person who is employed by the owner or operator of the farm on which the dwelling is located to engage in farming on a full-time or part-time basis.

Farm Winery: An agricultural processing facility located on a farm with a vineyard, orchard, hives, or similar area, which consists of vinification equipment, components and supplies for the processing, production and packaging of wine and similar fermented beverages on the premises. Farm winery activities may include associated crushing, fermenting and refermenting, distilling, blending, bottling, storage, aging, shipping, receiving, and may also include accessory facilities for laboratory work, maintenance, and office functions.

Farm Winery-Class 1A: A Farm Winery which operates for purposes of wine tasting, wine sales, tours, educational programs, meetings and social events.

Farm Winery-Class 1B: A Class 1A Farm Winery that requires approval as a Conditional Use.

Farm Winery-Class 2: A Farm Winery which operates on at least 25 acres for the purposes of wine tasting, wine sales, tours, educational programs, meetings, social events and special events.

Final Development Plan: A drawing or series of drawings, at an appropriate scale, covering the same geographical area covered by the Comprehensive Sketch Plan or a portion thereof indicating the various land use areas with criteria which shall be the same as those approved by the Planning Board as part of the Comprehensive Sketch Plan, and intended for recordation among the Land Records of Howard County, Maryland.

Flea Market: A collection of stalls, booths or tables, either indoors or outdoors, operated by different individuals for the sale of used merchandise, collectibles, crafts, antiques, and other items.

Flex Space: A building that is designed with three or more modular bays to accommodate businesses of varying sizes, with the modular bays capable of being used for a variety of uses, including offices, research and development, light manufacturing, service agencies, and accessory storage and sales, provided that the uses are limited to those uses permitted by the zoning district or final development plan in which the flex space is located. All principal activities of the various uses shall be conducted wholly within an enclosed building, but accessory outdoor storage may be conducted as permitted by these Regulations. Flex space buildings have rear loading.

Floating District: A district of undetermined location which may only be placed on the zoning map upon petition of a property owner and not by government initiative. A floating district may only be applied to a specific property if stated criteria are satisfied, a finding of compatibility is made and a development plan is approved for the property. A finding of mistake in the existing zoning or a substantial change in the character of the neighborhood since the last Comprehensive Zoning Plan is not required to apply a floating zone to a property. The purpose statement of a district will specify whether the district is a floating zone.

Floodplain: That area which would be inundated by the storm water runoff equivalent to that which would occur from a rainfall of 100-year frequency, assuming total development of the watershed. Floodplain determination shall be in accordance with the Howard County Design Manual.

Floor Area, Gross: The sum of the areas of the several floors of the structure(s) as measured by the exterior faces of the walls.

Floor Area, NET: The sum of the areas of the areas of the several floors of the structure(s) as measured by the exterior faces of the walls, less any area within the structure(s) devoted to parking, vehicular driveways, atria, office building storage areas, or enclosed malls and similar areas.

Floor Area Ratio (FAR): The ratio of the gross floor area to the gross lot area.

Food Hub: A centrally located facility that facilitates the collection, storage, processing, distribution and/or marketing of locally produced food products.

Frontage: That portion of a lot or parcel of land which adjoins a public road that provides vehicular access to the property.

Funeral Home: A facility which principally provides space and facilities for conducting funeral services or pre-funeral visitation. A funeral home may include a chapel or similar space and a mortuary, but shall not include a crematorium.

Editor's note— Bill. No. 46-2016(ZRA-159), § 1, effective October 5, 2016, repealed the previously existing definition of Gasoline Service Station.

General Plan: A plan for the County, approved by resolution of the County Council, which includes but is not limited to a plan for land use and land conservation and multi-year development plans for transportation, public facilities, water, sewerage, park land, housing, human services, historic preservation, and environmental protection.

Government: Any department, commission, agency, or other instrumentality of the United States; the State of Maryland or Howard County; or the Howard County School System; or other special district, authority, or government entity.

Greenhouse, Farm: A structure located on a farm wherein plants are grown but not sold from the site to the general public.

Greenhouse, Retail: A structure where plants are grown and sold on-site to the general public.

Gross Area: The entire area within a development project.

Hearing Authority: Either the Board of Appeals or Hearing Examiner.

Historic District: An area in the County which has significant historic or architectural value, the boundaries of which have been established in accordance with the provisions of Sections 100.0.G and 114.0 of these Zoning Regulations, or the previously established Ellicott City Historic District.

Historic Structure: A structure or cluster of structures situated within the County which, together with its appurtenances and environmental setting, have significant historic or architectural value, and have been designated as such by resolution of the County Council.

Home-Based Contractor: The accessory use of a residential property for a contracting business which is operated by a person residing on the same lot and which includes at least one of the following activities: storage of equipment, regular visits to the lot by nonresident employees, or parking of more commercial vehicles than allowed under the provisions of the applicable zoning district for parking of commercial motor vehicles. Home-based contractors may include building maintenance, construction, electrical, excavation, heating/air conditioning, home improvement, landscaping, painting, paving, plumbing, septic system, snow removal, well drilling, or similar businesses.

Home Care: The keeping during part of a 24 hour period of not more than eight children at one time or not more than three elderly or medically handicapped individuals at one time in a residence, under a license or registration issued by the State of Maryland.

Home Occupation: The accessory use of a residential property for business purposes which are clearly incidental and secondary to the residential use.

Hospital: Any institution, including a sanitarium, that has a group of physicians who are organized as a medical staff for the institution, maintains facilities to provide medical diagnostic and treatment services for two or more unrelated individuals, and provides overnight care for the individuals.

Hotel or Motel: Any building or portion thereof or group of buildings containing guest rooms in which, for compensation, lodging is provided to transient guests on a daily, weekly, or monthly basis, not to exceed three months. As used herein, the term "Hotel or Motel" shall not include dwelling units of, or housing for, a resident family.

(Bill No. 80-2017(ZRA-178), § 1, 5-12-2018)

Housing Commission Housing Development: A housing development, as defined in Section 13.1303 of the Howard County Code, that is either (I) wholly owned by the Howard County Housing Commission or (II) owned by a limited partnership or limited liability company formed solely for the purpose of obtaining the benefit of federal low income housing tax credits under Section 42 of the Internal Revenue Code and in which the commission is the general partner or managing member.

Illegal Use: Any use, whether of a structure or of a tract of land, in which a violation of any provision of these Zoning Regulations has been committed or exists, or any use which is not specifically permitted by these Regulations.

Incinerator: A facility using controlled flame combustion for the thermal destruction of solid waste. This term does not include a hazardous waste incinerator.

Industrial Uses, Light: Uses engaged in the manufacture, predominately from previously prepared materials, of finished products or parts which may include the processing, fabrication, assembly, treatment, packing, accessory storage, or distribution of such products, and can include uses such as the manufacture of electronic or optical instruments, equipment and components, the preparation of food products, the manufacture of pharmaceutical products, and similar uses. The principal activities shall be conducted wholly within an enclosed building but accessory outdoor storage may be conducted as permitted by law. Light manufacturing uses do not include any manufacturing use permitted as a matter of right solely in the M-2 District.

Institutional Use: A nonprofit or quasi-public use, such as a religious facility, library, public or private school, hospital, or government owned or government operated structure, or land used by or for similar purposes.

Intermediate Care Facility: A facility for the treatment of alcoholic or drug addicted persons which provides overnight care and is licensed as an intermediate care facility by the State of Maryland.

Junk Yard: This term includes the following uses:

A parcel of land used for the bailing, shredding, compacting and sale of salvage materials.

A parcel of land used for the dismantling and storage of motor vehicles.

This term does not include a business in which dismantling, processing, storage of salvage material or storage of dismantled vehicles takes place inside a building.

Kennel: Any establishment for the overnight boarding, breeding or training of dogs or cats for which a fee is charged. Such establishments may include incidental grooming or sale of pet supplies. The ownership of dogs or cats which are part of a household or are owned by the residents of the property and are kept for hunting, or for exhibiting in dog or cat shows or field or obedience trials, and the sale of not more than one litter per year shall not constitute the operation of a kennel.

Kitchen: Any room designed to principally be used for cooking and food preparation purposes. A room which includes a sink and a range or oven, or utility connections suitable for the operation of a range or oven, shall be considered as the establishment of a kitchen.

Land Clearing Debris: Those materials resulting from land clearing operations which shall be limited to earthen material such as clays, sands, gravels and silts, topsoil, tree stumps, root mats, brush and limbs, logs, vegetation, and rock.

Land Clearing Debris Landfill Facility: Any facility where non-hazardous land clearing debris is received for disposal on the site.

Land Conservation Organization: A nonprofit organization which has been approved by resolution of the Howard County Council as a potential holder of preservation parcel easement agreements for cluster subdivisions in the RC and RR Districts and for sending parcels using the Neighborhood Density Exchange Option.

Landscape Contractor: A commercial business which is principally engaged in providing plant-based landscaping services to off-site locations, including designing, planting and maintaining landscaped areas, and conducting accessory grading activities to create these landscaped areas. Businesses which principally provide grading services, hardscape construction and services, or construction of yard features such as exterior fireplaces, fountains, patios or swimming pools are not landscape contractors.

Landscaped Area: An area improved by vegetation and other natural or decorative materials, established or maintained for enhancement of the appearance of the site, noise reduction, buffering or screening. Areas used for buffering or screening are intended to provide a visual separation between uses as described below:

Screening is the use of landscape materials to substantially shield a structure or use from view, to the extent possible given the topographic and other features of a specific site.

Buffering is the use of landscape materials to lessen the visual impact of a use, or to visually or physically separate uses, while not necessarily concealing a structure or use from view.

Livestock: Animals typically kept for farming purposes, such as, but not limited to, cows, goats, horses and other equus, poultry and other fowl, sheep, or swine. Fish and other aquatic animals raised by aquafarming are considered to be livestock. Cats, dogs, rabbits and other similar small animals often kept as pets are not considered to be livestock. Bees are not considered to be livestock.

Local: Within 100 miles of a specific point or property, as used in the context of farming.

Lot or Parcel: A piece of land described on a Final Plat or in a deed and recorded in the Land Records of Howard County in accordance with the laws and regulations in effect at the time of recordation.

Lot Coverage: That portion of a lot which, when viewed directly from above, would be covered by a structure or any part of a structure.

Lot Size, Maximum: The largest lot area allowed under the bulk requirements of the applicable zoning district, calculated based on the gross area of the lot. The pipe stem area of pipe stem lots shall not be included for purposes of calculating the maximum lot size.

Lot Size, Minimum: The smallest lot area allowed by the bulk regulations of the zoning district. The pipe stem area of pipe stem lots shall not be included in the required minimum lot size.

Low Income Housing Unit: A dwelling unit offered for sale or rent to households with incomes below 50% of the median income in the Baltimore region.

Manufactured Dwelling: This term has the same meaning as "Mobile Home".

Material Recovery Facility: A facility where recyclable materials are separated, sorted, processed and packaged for distribution to other facilities where the materials will be used as raw materials or will otherwise be returned to the marketplace. Processing means the preparation of material for efficient shipment, or to a user's specifications, by such means as baling, briquetting, compacting, grinding, crushing, shredding and cleaning. There are two types of material recovery facilities:

Material Recovery Facility—Source Separated: A facility accepting only recyclables which have been previously separated from the solid waste stream.

Material Recovery Facility—Non-source Separated: A facility accepting solid waste containing recyclables which have not been previously separated from the solid waste stream.

Mixed Use Development: A development including residential, nonresidential, and open space land uses which has been approved on a Preliminary Development Plan.

Mobile Home: A dwelling unit that is fabricated in an off-site manufacturing facility for installation or assembly at the building site, which:

Bears a label certifying that it complies with the standards of the National Manufactured Housing Construction and Safety Standards Act of 1974 as promulgated by the U.S. Department of Housing and Urban Development (HUD); or

Was manufactured prior to the effective date of the National Manufactured Housing Construction and Safety Standards Act of 1974, is transportable in one or more sections, is built on a permanent chassis, and is designed to be used as a dwelling.

Mobile Home Development: Any lot, parcel or tract of land zoned as a Residential-Mobile Home (R-MH) District, which is used, designed or maintained to accommodate mobile homes, single-family detached dwellings, single-family attached dwellings or apartment units. A mobile home development does not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for inspection and sale. A mobile home development provides for the permanent or long-term location of mobile homes to be occupied as residences.

Mobile Home Park: A mobile home development consisting of one lot which is divided into individual sites and operated exclusively as a rental or condominium project.

Mobile Home Subdivision: A mobile home development which is subdivided into individual lots.

Mobile Home Park, Transitional: A development limited to mobile home dwelling units which:

Complies with the requirements of Section 127.2.E.5; and

Adjoins or is within 50 feet of an existing nonconforming mobile home park; and

Existed as of April 30, 2008.

Moderate Income Housing Unit: A dwelling unit offered for sale or rent to households with incomes up to 80% of the median income in Howard County, in accordance with Title 13, Subtitle 4 of the Howard County Code and the Procedures of the Howard County Department of Housing and Community Development.

Modular Dwelling: See "Dwelling, Modular".

Mortuary: A facility which principally provides services for the embalming, preparation, or storage of human remains prior to burial or cremation, but does not include crematorium services. This term does not apply to morgues which are accessory uses to hospitals or similar institutional uses.

Motor Vehicle: Any self-propelled vehicle or trailer that is not operated on rails and which if designed to be driven, towed or used on a public street or highway would be required by the Maryland Vehicle Law to be registered and licensed.

(Bill No. 53-2017(ZRA-169), § 1, 11-13-2017)

Motor Vehicle Fueling Facility: A facility that dispenses vehicle fuels through retail sales to the general public or fleet sales. The facility may include other uses that are either permitted as a matter of right in the zoning district in which the facility is located, or as may be permitted in the conditional use process, as well as the accessory sale of items typically associated with the cleaning, operation, and maintenance of motor vehicles. This term does not include private vehicle fuel dispensing that is exclusively accessory to a permitted principal use. This term does include facilities previously identified as gasoline service stations.

(Bill No. 46-2016(ZRA-159), § 1, 10-5-2016)

Mulch Manufacture: The manufacture of horticultural mulch from wood, wood products or similar materials. This term does not include the production of mulch as a by-product of on-site farming.

Multi-Family: See Dwelling, Multi-Family.

Neighborhood Infill Subdivision or Resubdivision: Small subdivisions or resubdivisions which create four or fewer lots from R-20 or R-12 zoned land surrounded along 60% or more of the perimeter by recorded lots 20,000 square feet or greater (in R-20) or 12,000 square feet or greater (in R-12).

Neighborhood Preservation Density Exchange Option: An option for transferring density from a qualifying sending parcel in the R-ED, R-20, or R-12 District to a qualifying receiving parcel in the R-ED, R-20, R-12, R-SA-8, R-A-15, R-APT or CAC District.

Neighborhood Preservation Parcel: A residential infill parcel in the R-20, R-12, or R-ED Districts that existed on September 9, 2008 and is designated as a sending parcel on a revision plat or a final plat or easement. A Neighborhood Preservation Parcel shall be encumbered by a Neighborhood Preservation Parcel Easement, and is either improved with a Swimming Pool, Community or an historic structure as defined in Section 103.0 or an existing dwelling unit, or if unimproved, must be owned and maintained by a Homeowners Association or dedicated to the Howard County Department of Recreation and Parks as provided in Section 128.0.K. Any new structures placed on an improved site shall not be larger than 50 percent of the building footprint of the principal structure existing at the time the Neighborhood Preservation Easement is recorded, except as provided in Section 128.0.K.

(Bill No. 32-2017(ZRA-172), § 1, 7-5-2017)

Neighborhood Preservation Parcel Easement: A permanent easement that prohibits a preservation parcel from subdivision and most types of development, as specified in the requirements for the Neighborhood Preservation Density Exchange Option.

Neighborhood Preservation Receiving Parcel: A parcel in the R-ED, R-20, R-12, RSA-8, R-A-15, R-APT or CAC District which receives development rights from a sending parcel, in accordance with the requirements of the Neighborhood Preservation Density Exchange Option, and which, as a result, can be developed at a greater density than would otherwise be allowed in the underlying zoning district.

Neighborhood Preservation Sending Parcel: A parcel subject to a restrictive preservation parcel easement in the R-ED, R-20, or R-12 District and from which development rights are removed and transferred to a receiving parcel in accordance with the requirements of the Neighborhood Preservation Density Exchange Option.

Net Acre: An acre of land that includes no land in the 100-year floodplain and no steep slopes existing at the time of subdivision.

Nonresident Employee: Any person who works on a lot in conjunction with a home occupation or home-based business operating on that lot who does not reside on the lot. The term includes various workers who maintain a regular, scheduled pattern of working on the site.

Nursing Home: Any facility for the treatment and care of two or more persons suffering from illnesses, diseases, disabilities, or injuries not requiring the intensive care that is normally provided by hospitals; but who do require medical, nursing, convalescent or chronic care rendered by or under the supervision of a nurse.

Open Space: A separate lot or area which provides for protection of the environment, for recreation or for public use, including public facilities such as schools, libraries, fire stations and parks as shown on the General Plan or hiking, biking and equestrian trails. Parking areas may be included within open space if accessory to an open space use.

Optional Design Project: The equivalent of a Planned Unit Development in a CR Zoning District, an Optional Design Project is an alternative development proposal wherein the permitted land uses, the associated land use regulations, the development design, and other intended characteristics for the development site are initially drafted through a deliberative planning process between the developer and the Department of Planning and Zoning, and ultimately subject to final approval by the Planning Board.

Outdoor Storage: The holding or storage in an unroofed area of merchandise, goods, equipment, materials, or junk in the same place for more than 24 hours. This term does not apply to areas used for the parking or storage of licensed, registered and operable vehicles.

Overlay District: A district established to respond to special features or conditions of a land area, such as historic value, physical characteristics, location, or other circumstances. An overlay district supplements or provides an alternative to the regulations of the underlying zoning district. The purpose statement and the title of a district will specify whether the district is an Overlay District.

Parking Area, Parking Facility or Parking Use: Any area of a lot or structure used for off-street parking and circulation of motor vehicles, including the area occupied by parking spaces, driveways, and vehicle stacking lanes (e.g. for a car wash or drive-through window). Ground-mounted parking canopies shall be considered a parking use shall not be factored into the height calculations for any parking area, parking facility, or parking use. The following are not part of a parking area or parking use: loading docks; areas designated to be occupied by a vehicle during loading operations; fuel servicing spaces at a Motor Vehicle Fueling Facility; parking lot islands, any area used for outdoor display or storage of merchandise for sale or rent, including motor vehicles; and any area used for storage of inoperative motor vehicles.

(Bill No. 46-2016(ZRA-159), § 1, 10-5-2016; Bill No. 39-2023(ZRA-204), § 1, 11-6-2023)

Parking Garage: A structure occupied by a public, community, commercial or private establishment providing space for the temporary storage of six or more automobiles and other vehicles, where service or repair facilities are not permitted. A parking garage shall not be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

Parking Lot: An open lot serving the functions defined for a parking garage.

Parking Space: An off-street space available for the parking of one motor vehicle on a transient basis, conforming to the Howard County Design Manual specifications, and having direct usable access to the street. This term shall not include a space used for display of a motor vehicle which is available for sale or rental or a space used for storage of an inoperative motor vehicle.

Pawn Shop: A business that loans money on the security of personal property and the sale or resale of such property where any of the income received by the establishment is generated through these activities.

Personal Service Use: A commercial establishment in which the principal occupation is the repair, care, maintenance, styling, fashioning, or customizing of personal attributes that are a physical component of a person, or personal properties that are worn or carried about the person. Personal service establishment uses include such uses as barber shops, hair salons, nail salons, health spas, self-service laundromats, shoe cleaning or repair shops, and similar uses.

Pet Day Care Facility: An establishment where, for a fee, care and services are provided for domestic pets. Services may include grooming, training, exercising, and socializing, but pets are not to be boarded overnight, bred, sold, or let for hire.

(Bill No. 71-2016(ZRA-167), § 1, 3-16-2017)

Pet Grooming Establishments: An establishment which for a fee trims, cleans or curries domestic pets such as dogs or cats, and which may sell pet supplies. This term does not include establishments which board pets.

Porch, Enclosed: An addition to a dwelling which is enclosed by walls and a roof but which is separated from the dwelling by an intervening exterior wall and door, and which is not heated or air conditioned.

Preliminary Equivalent Sketch Plan: A sketch plan which also provides the information required with a preliminary plan.

Preservation Easement, County: An easement held by Howard County which has been established through one of the following:

The purchase of development rights by the Howard County Agricultural Land Preservation Program (ALPP Purchased Easement), or

The dedication of a preservation parcel to the Howard County Agricultural Land Preservation Program (ALPP Dedicated Easement), or

The dedication of a preservation parcel to an easement holder other than the ALPP (Other Dedicated Easement).

Preservation Parcel: A parcel in the RC or RR District that encompasses all or a portion of the preserved area of a cluster subdivision or receiving parcel subdivision, or that is designated as a sending parcel on a final plat of easement. A preservation parcel is encumbered by a preservation parcel easement and may be buildable or non-buildable depending on whether one of the housing units permitted by zoning will be located on the parcel.

Preservation Parcel Easement: A permanent easement that prohibits a preservation parcel from subdivision and most types of development, as specified in the requirements for the RC and RR Districts.

Principal Use or Structure: The main use of a lot or the structure used for the main function of a lot, as opposed to an accessory use or structure. Structures which are attached to the principal structure, either directly or by a breezeway not to exceed 15 feet in length, shall be considered part of the principal structure.

Project Boundary: When setbacks are required from a project boundary, this shall be based on the boundary established by the initial plan submission for the development as defined in the Subdivision and Land Development Regulations.

Receiving Parcel: A parcel in the DEO Overlay District which receives development rights from a sending parcel, in accordance with the requirements of the DEO District, and as a result can be subdivided at a greater density than would otherwise be allowed in the underlying zoning district.

Receiving Parcel Subdivision or Receiving Subdivision: A subdivision of a receiving parcel in accordance with the requirements of the DEO Overlay District and the underlying district, using development rights that have been transferred to the receiving parcel from a sending parcel.

Recreation Facility, Commercial: A commercial facility providing activities or services that are typically associated with amusement. This use category includes such uses as bowling centers, billiard or pool centers, laser-tag facilities, computer gaming centers, golf driving ranges, miniature golf, water slides, paintball, and similar uses.

Recreational Vehicle: A vehicular-type unit which is designed for recreation, camping or travel use, which either has its own motor power or is mounted on or drawn by another vehicle, and which, in general, is of such size and weight as not to require special highway movement permits when drawn by a passenger automobile or a pickup truck. A recreational vehicle is not permitted to be utilized as a dwelling unit.

Recycling Collection Facility: A facility where recyclable materials are accepted from the public for distribution to users who will accept and process the materials.

Recyclable Material: Reusable material, including metals, glass, plastic, paper, and other materials which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include hazardous materials but may include used motor oil and antifreeze.

Research and Development Laboratory: A structure or group of structures used primarily for applied and developmental research, where product testing is an integral part of the operation and goods or products may be manufactured as necessary for testing, evaluation and test marketing.

Residence: A building or part of a building containing dwelling units, including single-family or two-family dwellings and apartments. Residences do not include:

Such transient accommodations as hotels, motels, or country inns; or

Dormitories, fraternity or sorority houses;

In a mixed use structure, that part of the structure used for any non-residential uses, except accessory to residential uses;

Recreational vehicles.

Residence, Single-family: A building containing only one principal dwelling unit.

Residential Care Facility: A residential facility that provides housing and supportive services to at least nine persons who are members of a population needing the services provided due to age or emotional, mental, physical, familial or social conditions. This term includes "assisted living facilities" as defined in these Zoning Regulations. Residential care facilities provide group housing in which capacity is measured in terms of the number of beds, rather than individual dwelling units equipped with living, sleeping, and full kitchen facilities.

Residential Lot or Parcel: A lot or parcel improved with a single-family residence as the principal use.

Residential Zoning District: This term includes:

The RC, RR, R-ED, R-20, R-12, R-SC, R-SA-8, R-H-ED, R-A-15, R-APT, R-MH, R-SI, R-VH, and PSC Districts;

Residential land use areas of the NT and PGCC Districts as indicated by approved comprehensive sketch plans or, for areas where there is no approved comprehensive sketch plan, by the preliminary development plan;

Residential land use areas of a MXD District as indicated by approved preliminary development plans or, if there is no approved preliminary development plan, MXD-zoned land for which the underlying zoning district is one of the districts listed above in this definition.

Residential land use areas of a TOD, CAC, TNC or CCT District.

Restaurant, Carry-out: An establishment which prepares and sells food products intended for ready consumption, which are generally packaged in paper or served in other types of disposable plates, wrappers, or containers primarily for consumption off the premises, but which may provide thirty or fewer seats for use by eat-in customers.

Restaurant, Fast Food: An establishment which prepares and sells food products intended for ready consumption, which are generally packaged in paper or served in other types of disposable plates, wrappers, or containers, for consumption inside the building, on a patio, or off the premises, which provides more than 30 seats on the premises and which may include service directly to patrons in their motor vehicles. This term does not include retail grocery stores or other outlets selling food items primarily for home preparation and consumption, or pizza delivery services.

Restaurant, Standard: An establishment which primarily prepares food to be served on non-disposable tableware and consumed on the premises, but may provide incidental carry-out service. A standard restaurant may include an accessory brewery.

Retreat Center: A structure, a portion of a structure, or a group of structures utilized and maintained for educational and religious conclaves, seminars and similar activities by particular educational, religious, fraternal, social, service or other groups but not open to the general public.

Riding Academy and Stable: Any lot used primarily for the commercial hiring out of horses or ponies or instruction in riding where three or more horses are kept for these purposes.

Right-of-Way, R.O.W.: A strip or parcel of land designated for use as a street, highway, driveway, alley or walkway, or for any drainage or public utility purpose or other similar uses. For public streets, the right-of-way width shall be as required by the State for State roads and the Howard County Design Manual for County Roads.

Route 1 Corridor Development Project: One or more parcels developed under an integrated design that meets the standards of the Route 1 Manual. Compliance with the manual must be shown on the subdivision plan (where applicable) and on each Site Development Plan for parcels within the project. Where these Zoning Regulations conditionally permit certain uses if specific acreage, use or design requirements are met, a Site Development Plan demonstrating that all requirements will be met before the completion of the project must be approved prior to or concurrent with approval of the Site Development Plan for the conditionally permitted use. Construction may be phased, but the conditionally permitted use may not be developed until the acreage, use, or design requirements are met.

Route 40 Corridor Development Project: One or more parcels developed under an integrated design that meets the standards of the Route 40 Manual. Compliance with the Manual must be shown on the subdivision plan (where applicable) and on each Site Development Plan for parcels within the project.

Rubble: Those waste materials considered acceptable for disposal in rubble landfills as defined in these Zoning Regulations and shall include the following:

Land clearing debris.

Demolition debris.

Construction debris and other material deemed acceptable for disposal according to State law and regulation.

Rubble Landfill Facility: Any facility where non-hazardous rubble waste material is received for disposal on the site.

Scenic Road: A public road or road segment listed in the Scenic Roads Inventory adopted by the County Council in accordance with Section 16.1403 of the Howard County Code.

School, Academic: An institution which offers an academic course of instruction operated either by an established religious organization or under a certificate of approval issued by the Maryland State Department of Education.

School Bus Service, Commercial: A business which maintains, stores and operates school buses used to transport students in the Howard County Public School System or private schools within Howard County.

School, Commercial: A business establishment which principally offers instruction for a fee in the fine or performing arts, or for vocational and professional training purposes, or in special skills improvement such as, but not limited to, driving schools and test preparation centers.

Sending Parcel: A parcel in the DEO Overlay District from which development rights are removed and transferred to a receiving parcel in accordance with the requirements of the DEO District. A sending parcel is a type of preservation parcel and is subject to a preservation parcel easement.

Service agency: A business establishment which principally provides professional assistance in certain transactions or which carries out certain actions for a fee, rather than selling merchandise. This term includes such examples as real estate, insurance and travel agencies, and messenger and security service businesses. This term does not include other use categories specified elsewhere in these Zoning Regulations which include the word "service" in the use category title.

Setback: The distance between a structure or use and a boundary such as a lot line, project boundary, right-of-way line, or zoning district boundary. A setback is measured as the shortest horizontal distance between the project boundary and the nearest point of the use, structure or projection thereof. Where these Zoning Regulations require a minimum setback from a zoning district or right-of-way, and the property subject to the setback does not abut or adjoin the zoning district or right-of-way, the required setback is measured across the intervening properties. For lots that front directly on a public road, the setback is measured from the ultimate right-of-way of the public road as determined by the Howard County Design Manual Volume III, Roads and Bridges, or the State Highway Administration, Highway Needs Inventory.

Setback, Front: Extends across the full width of the lot, between the front public street right-of-way or front lot line and the nearest line of the structure or enclosed portion thereof:

For lots that front directly on a public street, the front setback is measured from the ultimate public street right-of-way providing access to the lot and towards which the front of the house or structure is to be oriented. The ultimate right-of-way of the public road is determined by the Howard County Design Manual or the State Highway Administration, Highway Needs Inventory.

For pipestem lots and lots with no frontage on a public street, the front setback is measured from the front lot line assigned when the lot is recorded. The front lot line is the lot line towards which the front of the house is to be oriented and shall be selected in order to provide the best utilization of the lot and greatest privacy for the adjacent lots.

Setback, Rear: Extends across the full width of the lot, between the rear lot line and the nearest line of the structure, porch or projection thereof. The rear lot line is opposite the lot line from which the front setback is measured. For a lot with more than four sides, the rear setback is measured from all segments of the lot boundary that are opposite the front lot line.

Setback, Side: Extends between the side lot line or side public street right-of-way and the nearest line of the structure or projection thereof, extending from the front setback to the rear setback, or, in the absence of either of such setbacks, to the front public street right-of-way and/or rear lot line.

Shipping Container: An intermodal container or similar boxlike container designed and built for transporting freight or similar items.

(Bill No. 53-2017(ZRA-169), § 1, 11-13-2017)

Shopping Center: A group of six or more retail uses or retail and service uses that are designed, developed and managed as an integral entity and that share common vehicular access and parking.

Site Development Plan: A plan prepared in accordance with the Subdivision and Land Development Regulations indicating the location of existing and proposed structures, paved areas, trails, walkways, vegetative cover, existing and proposed grades, initial landscaping, screening and other required items within a site proposed for development.

Sketch Plan: A sketch indicating the general objectives and lay-out for development of a site. The basic role of the sketch plan is to allow the County to provide the developer with important information that may affect the project and to ensure that the plan complies with the Zoning Regulations and incorporates good planning and development principles.

Small Wind Energy System, Building Mounted: A small wind energy conversion system consisting of a vertical wind turbine and associated control or conversion electronics, which is to be located on a structure and has a rated capacity of not more than 100 kW.

Small Wind Energy System, Freestanding Tower: A wind energy conversion system consisting of a wind turbine, freestanding tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW.

Solar Collector: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into electrical energy.

Solar Collector, Accessory Ground-Mount: A solar collector and all supporting electrical and structural components that is attached to the ground or a canopy on a property that contains a principal use or an adjacent lot; where electrical power generated is used by the principal use and excess electrical power generated may be used for net metering, including net meter aggregation, according to State net metering regulations.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

Solar Collector, Commercial: A solar collector connected directly to the electrical distribution or transmission system separately from any other electrical service on the property on which it is hosted and where electrical power generated may be used on or off-site.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

Solar Collector Facility, Commercial Ground-Mount: Commercial solar collectors and all supporting electrical and structural components that are attached to the ground or a canopy.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021)

Solar Collector, Rooftop: A solar collector or commercial solar collector and all supporting electrical and structural components that is attached to the rooftop of an existing structure, including ground mounted parking canopies, or integrated into the building, where the solar panels themselves act as a building material or structural element. Rooftop solar collectors shall not be factored into the height calculations for any structure.

(Bill No. 17-2021(ZRA-197), § 1, 5-6-2021; Bill No. 39-2023(ZRA-204), § 1, 11-6-2023)

Solid Waste: Garbage, refuse, rubble, construction debris, demolition debris, land clearing debris, and other discarded materials. This term does not include hazardous waste.

Solid Waste Processing Facility: A combination of structures, machinery or devices used to reduce or alter the volume, chemical characteristics, or physical characteristics of solid waste. This term includes incinerators, solid waste transfer stations, material recovery facilities, and yard waste composting facilities as defined in these Zoning Regulations, enclosed sludge storage facilities, and any other use which meets this definition but is not specifically defined in these Zoning Regulations. This term does not include a landfill or a solid waste generator who processes his or her own solid waste at the site of generation and disposes of the processed waste at an approved disposal site in accordance with State or Federal regulations.

Specialty Store: A retail business that principally offers a specific type or category of merchandise for sale or rental. Examples include but are not limited to stores specializing in art supplies, bicycles, books, cards, electronics, fabrics, flowers, gifts, hobbies, house wares, jewelry, luggage, musical instruments, news publications, optical goods, pets, photographic supplies, radios and televisions, sewing machines, sporting goods, stationary, or works of art.

Steep Slope: A slope that averages 25% or greater over 10 vertical feet.

Storage Building, Accessory: A prefabricated or site-constructed building built for storage purposes and used for the accessory storage of items and materials for a principal use.

(Bill No. 53-2017(ZRA-169), § 1, 11-13-2017)

Story: That part of a structure between the surface of a floor and the ceiling immediately above.

Street Right-of-Way, External: A public street which provides frontage to land that is part of a subdivision, but which is not contained entirely or predominantly within the subdivision and is not constructed primarily to serve the subdivision.

Street Right-of-Way, Internal: A public street which is contained entirely or predominantly within a subdivision and is constructed primarily to serve the subdivision.

Structure: Anything constructed or built. The following shall not be considered structures for bulk regulation purposes:

Accessory electric vehicle charging stations, awnings, bus shelters, exterior lighting fixtures, fire hydrants, mail boxes, telephone, electrical or cable equipment boxes, heating and air conditioning units, newspaper boxes and survey monuments;

Gardens, driveways, walks, patios, and parking surfaces;

Ground level decks, limited to decks elevated 18 inches or less above average grade and having no railing, walls or roofing;

Outdoor barbecues and firepits if 18 inches or less high above average grade.

Noise barriers or noise walls;

Signs are not considered to be a structure or part of a structure, and are regulated by the Howard County Code.

Stormwater management facilities;

All structures exempt from setback compliance in Section 128.0.A.

Outdoor riding rings, wet weather pads, and run-in sheds or similar farm structures with a maximum of three walls and a maximum footprint of 500 square feet.

Similar minor structures as determined by the Department of Planning and Zoning on a case-by-case basis.

Basketball hoops, fences, swimming pools and their ancillary equipment, above ground fuel tanks, vending machines, generators, compressors and play equipment that is permanently attached to the ground are considered to be structures.

Swimming Pool, Commercial: A swimming pool operated for profit and open to members or the general public.

Swimming Pool, Community: A swimming pool which is:

Owned and operated by members of a club, cooperative or association;

Not operated for profit; and

Restricted primarily to use by members and their guests.

Use:

Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; or

Any activity, occupation, business or operation carried on, or intended to be carried on, in a structure, or on a tract of land; except that, wells, septic systems and storm water management systems are not considered uses for purposes of these Zoning Regulations.

The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

See Section 128.0.A for uses which are exempt from setback compliance.

Variance: A grant of relief to a zoning regulation in a specific case concerning parking requirements or the bulk regulations for a zoning district or bulk regulations in the supplementary zoning district regulations, except that variances may not be granted for density requirements, or minimum or maximum lot size requirements. Variances are not applicable in any district for which bulk regulations are controlled by a Final Development Plan. Unless otherwise specified in the Zoning Regulations, variances are not applicable to requirements that are conditions for allowing a specific use. An Administrative Adjustment to bulk regulations is considered to be a type of variance.

Village Center, New Town Amenity Area: A usable outdoor landscaped area such as a plaza, courtyard, garden or similar area which is designed to be open to the public and easily accessible.

Village Center Community Plan: An advisory plan which has been developed by the community and endorsed by the Village Board.

Village Center, New Town: A Mixed-Use Development in the New Town District which is in a location designated on the New Town Preliminary Development Plan as a "Village Center", which is designed to be a community focal point and gathering place for the surrounding village neighborhoods by including the following items:

An outdoor, public, village green, plaza or square, which has both hardscape and softscape elements. This public space shall be designed to function as an accessible, primarily pedestrian-oriented promenade connecting the various village center buildings and shall include public seating features;

Stores, shops, offices or other commercial uses which provide opportunities to fulfill the day-to-day needs of the village residents, such as food stores, specialty stores, service agencies, financial institutions, personal services, medical services, and restaurants;

Space for community uses and/or institutional uses; and

Residential uses, to the extent appropriate to support and enhance, but not overwhelm, other uses in the village center.

Village Center Redevelopment, Major: A redevelopment of a New Town Village Center that includes any proposal to add residential uses, or to make a change in the permitted land use categories set forth in the chart contained in Section 125.0.A.8 of the Zoning Regulations, within the boundaries of a New Town Village Center, for which an amendment to the New Town Preliminary Development Plan is required in accordance with Section 125.0.J.

Village Center Redevelopment, Minor: A redevelopment of a New Town Village Center which is not a Major Village Center Redevelopment, in accordance with Section 125.0.K. and which requires approval in accordance with Sections 125.0.C. & D, 125.0.F., or 125.0.G. as appropriate.

Volunteer Fire Department: A facility operated by a volunteer fire company and used principally for fire protection services.

Waste Transfer Station: A facility which accepts non-hazardous solid waste from loaded collection trucks and consolidates and transfers it to other vehicles for transportation to solid waste acceptance facilities. Such a facility may include a material recovery function to allow the selective separation of solid waste to recover recyclable materials and process them for sale.

Wine and Similar Fermented Beverages: Beverages containing alcohol which are produced from grapes, fruits, other plants, and/or honey through a natural fermentation or distillation process, but which are not beer, ale, porter, stout and similar malt-based or grain-based beverages.

Yard Waste Composting Facility: A facility at which yard waste and natural wood waste is received and processed to produce compost for off-site use.

(Bill No. 20-2014(ZRA-149), § 1, 8-4-2014)

Zero Lot Line Development: A development of single-family detached units in which one or more units are located less than seven and one-half feet from a side lot line, but no less than 15 feet from the nearest structure on another lot.

Zoning Confirmation: A letter issued by the Howard County Department of Planning and Zoning, Division of Public Service and Zoning Administration which affirms and verifies that a building, development, structure, or use of land is in compliance with all applicable criteria, procedures, requirements, or standards in these Regulations.

Zoning Maps: Maps incorporated into the provisions of these Zoning Regulations in accordance with the provisions of Section 100.0.C, "District Maps."

Zoning Permit: A document issued by the Howard County Department of Planning and Zoning authorizing an entity to begin certain activities or uses as required in Section 128.0 of these Zoning Regulations.