Leonardtown, MD Zoning Ordinance

[Amended 2-12-2006 by Ord. No. 123; 5-20-2008 by Ord. No. 136; 5-9-2011 by Ord. No. 149; 8-10-2020 by Ord. No. 199; 6-9-2025 by Ord. No. 230]

For the purpose of this chapter, certain terms and words shall be hereby defined:

ACCESSORY APARTMENT

A second dwelling unit either within, or added to, a single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, that functions as a complete, independent living facility with provisions for independent cooking, living, sleeping and bathroom facilities. Accessory apartments may also be referred to as “in-law apartments” or “granny flats.”

ACCESSORY USE OR BUILDING

A secondary land use or building customarily incidental to and located on the same lot occupied by the primary use or building. Such accessory building shall not be used for housekeeping purposes. Accessory buildings include, but are not limited to, sheds, unenclosed decks, detached garages, and gazebos.

ADULT DAY-CARE FACILITIES

Establishments engaged in providing nonresidential social assistance services to improve the quality of life for adults, the elderly, or persons diagnosed with mental or physical disabilities. These establishments provide for the welfare of individuals in such areas as day care on some periodic basis, or provide a setting for social activities, group support, or companionship. Such facilities may or may not provide meals.

AFFORDABLE HOUSING

A housing project for low- to moderate-income Town residents in which the rent or mortgage does not exceed 30% of the gross household income. A low- to moderate-income household earns 50% or less of the area median household income.

ALLEY

A narrow public thoroughfare which provides only a secondary means of access to abutting properties and is not intended for general traffic circulation, generally less than 30 feet wide.

ALTERATIONS

Any change in the supporting members of a structure, including but not limited to load-bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

AMEND or AMENDMENTS

Any change to this chapter; any change in the number, shape, boundary, or area of a zone; any change in an approved site plan or developer's agreement; or any repeal or abolition of any map part or addition.

AMUSEMENTS

A commercial establishment, such as amphitheaters, theme parks, miniature golf, batting cages, ice rinks, and the like, where entertainment is offered to the public.

ANIMAL BOARDING

Shelter and care (feeding, exercise, incidental medical care) for animals, including kennels and boarding facilities for domestic animals and pets and shelters for unwanted or abandoned animals.

ANIMAL CLINIC

An office or group of offices for one or more veterinarians engaged in the treatment of animals, not including inpatient care.

ANIMAL HOSPITAL

Establishments for the medical and surgical treatment of domestic and farm animals, including grooming and boarding of animals for no more than 30 days if incidental to the hospital uses and limited to animals receiving inpatient medical care.

ANNEXATION

The act or process of adding land to a governmental unit, usually in an incorporated place, by an ordinance, a court order, or other legal action. This process is used by municipalities to add surrounding fringe areas to the boundaries of their community.

ANTENNA

Any structure or device used to collect, receive, transmit, or radiate radio, telephone, telecommunication, or television signals.

APARTMENT HOTEL

A building arranged for or containing apartments and individual guest rooms, with or without housekeeping facilities, and which furnishes services ordinarily provided by hotels, such as maid, bellboy, desk and laundry service, and may include a dining room with an internal entrance and primarily for use by tenants of the building, but shall not include public banquet halls, ballrooms or meeting rooms.

APPURTENANCES and ENVIRONMENTAL SETTINGS

All that space of grounds and structures thereon surrounding a designated site or structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.

ART GALLERY

A public or private facility that is operated as a repository or a collection of works of individual art pieces not mass-produced, consisting of one or more of the following: paintings, drawings, etchings or sculptures: may include the sale of the individual art pieces or the sale of related objects and services.

ARTIST STUDIO

A place where any of the commercial activities or a combination of commercial activities listed below occurs:

Art gallery.

Custom or craft manufacturing, fabrication, and assembly.

Professional studio engaged in personal instruction for dance, martial arts, photography, music and similar activities.

ASSISTED LIVING FACILITY

A residence or facility that provides ancillary supportive services, supervision, personalized assistance, health-related services, or a combination thereof, to meet the needs of residents who are unable to perform or who need assistance in performing the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for those persons.

ATHLETIC FIELD ENCLOSURE

Any fence that surrounds an athletic field including but not limited to baseball, football, and soccer fields, basketball courts, tennis courts, and the like.

AUTOMATIC TELLER MACHINE

A self-operating bank machine powered by electricity but with no human operator, typically located in an enclosure at a permanent service location ancillary to other use(s), and providing for the deposit, transfer, and withdrawal of funds in connection with a credit, deposit, or convenience account.

AWNING

Any non-rigid material, such as fabric or flexible plastic, that extends from the exterior wall of a structure and is supported by or attached to a frame.

BANQUET HALL

A food service and meeting facility where space and food are provided to groups as opposed to individuals.

BASEMENT

That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.

BEACON

Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same site as the light source; also, any light with one or more beams that rotate or move.

BED-AND-BREAKFAST

A single detached dwelling that is owner occupied and provides visitor accommodations providing guest rooms for lodging, for compensation, on a less than weekly basis, with incidental eating and drinking service provided to lodgers and their guests.

BOARD

The Board of Zoning Appeals of the Town of Leonardtown.

BOARDINGHOUSE, ROOMING HOUSE or LODGING HOUSE

A building other than a hotel or apartment hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.

BREEZEWAY

A structure entirely open, except for roof and supporting columns, which connects a residence and accessory building on the same lot.

BREWERY

A facility operated under a Class 5 brewery license issued pursuant to § 2-207 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland..

BREWPUBS

An establishment operated under a Class 6 pub-brewery license issued pursuant to § 2-208 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.

BUILDABLE WIDTH

The width of that part of a lot to be used for a building and not included within the open spaces herein required.

BUILDING

Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, MAIN

Any building which is not an accessory building.

BUILD-TO-LINE

The line at which construction of a building facade is to occur on a lot, running parallel to the front property line without setback, and thus ensuring a uniform (or more or less even) building facade line on the street.

BURIAL GROUNDS

Cemeteries, crypts, tombs, mausoleums, or columbaria for the interment or inurnment of deceased humans or animals. This classification does not include crematories or mortuaries.

BUS SHELTER

A detached structure designated as a pick-up or drop-off point for passengers for school or public transportation.

CHARTER FISHING FACILITY

Any facility that berths more than one vessel for hire carrying more than six passengers regardless of whether inspection is required pursuant to U.S. Coast Guard regulations governing passenger vessels or more than three vessels for hire meeting the requirements as an "uninspected vessel under 100 gross tons" pursuant to U.S. Coast Guard regulations and accommodating six or fewer passengers each.

CHILD-CARE CENTERS

Any place, home or institution which receives nine or more children under the age of 14 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation, provided that this definition shall not include public or private schools organized, operated or approved under Maryland laws, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending service, activities or meetings.

CLINIC

An office building or a group of offices for one or more physicians, surgeons or dentists engaged in treating the sick or injured, not including rooms for overnight patients.

CLUBS, LODGES

Structures and facilities owned or operated for a social, educational, fraternal, or recreational purpose, but not primarily for profit. This classification includes union halls, community centers, social clubs, and youth centers.

COMAR

The Code of Maryland Regulations.

COMMERCIAL

A type of activity where goods or services are sold or traded with the expectation of profit or gain.

COMMERCIAL

When used in conjunction with a use shall mean the use is open to the general public and a fee is charged by the owner, lessee, or licensee for a service or a product.

COMMISSION

The Planning and Zoning Commission of the Town of Leonardtown.

COMMUNICATIONS TOWER

Any structure constructed for the primary purpose of supporting installed antennas, dishes or other devices used for uplink, downlink, relay, broadcast or receipt of radio, television or other communication signals.

COMMERCIAL COMMUNICATIONS TOWER

Any tower supporting commercial uses or any noncommercial tower at least 100 feet above ground level.

PUBLIC SAFETY COMMUNICATIONS TOWER

Any tower, of any height, designated by the Leonardtown Commissioners,[1] as a host site for county-owned and -operated emergency communications equipment, which may also include collocated commercial uses, and which may be a permitted use in any zoning district.

NONCOMMERCIAL COMMUNICATIONS TOWER

Such tower does not serve any commercial or public safety uses and does not exceed 100 feet in height above ground level, and which may be a permitted use in any zoning district.

COMPATIBILITY

Provision of exemplary site design, architectural design and high-quality materials that are compatible with, and do not negatively alter the character of, the existing neighborhood.

CONFERENCE CENTER

A facility with a maximum gross floor area of 100,000 square feet, that provides meeting halls, trade centers, merchandise marts, or for training and other gatherings for large numbers of people for similar functions and may be developed separately or in combination with any other permitted use.

CONSTRUCTION MATERIALS AND EQUIPMENT STORAGE

Stockpiling and storage of construction vehicles, materials and equipment, or commercial goods, and contractors' yards.

CONSTRUCTION TRAILER/OFFICE

Prefabricated structure, used as offices and/or storage during project construction.

CONVALESCENT HOME

A place where regular managed care is provided by persons who reside on the premises for three or more persons who are not members of the individual's family.

CONVENTION CENTER

A large structure, with a gross floor area greater than 100,000 square feet, that is designed to hold a convention, where individuals and groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms.

COURT

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

COVENANT

A written agreement between two or more parties by an owner where required by this chapter or imposed by the Planning Commission in accordance with authorization contained in this chapter and recorded among the Land Records of St. Mary's County.

COVERAGE

The percentage of the lot covered by buildings and structures.

CULTURAL INSTITUTION

Nonprofit institutions displaying or preserving objects of interest in the arts or sciences, including visitors' centers, libraries, museums, and galleries. "Cultural institutions" may include auditoriums, exhibition halls, classrooms, administrative support facilities, and concessions for visitors or any combination thereof.

DAY CARE CENTER, CHILD

A place where day care is provided, other than in a family day care as defined by COMAR.

DAY CARE FACILITY, MEDICAL

A facility that provides a full scope of medical services, and may include social, rehabilitative, and recreational programs, during the day.

DAY CARE, FAMILY

A residence in which care is given to a child in place of parental care as defined in COMAR.

DEMOLITION BY NEGLECT

Any willful neglect in the maintenance and repair of an individually designated landmark, site, or structure, or a site or structure within a historic preservation zone (not including any appurtenances and environmental settings), and which results in any of the following conditions:

The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, so as to create or permit a hazardous or unsafe condition to exist; or

The deterioration of the foundations, exterior walls, roofs, chimneys, doors, or windows, the lack of adequate waterproofing, or the deterioration of interior features which will or could result in permanent damage, injury, or loss of or loss to foundations, exterior walls, roofs, chimneys, doors, or windows.

DENSITY

The number of residential dwellings allowed per lot or acre in a given zone; or, for commercial zones, the permitted floor area ratio.

DETENTION CENTER

A facility maintained by the civil authorities for persons charged with a crime.

DEVELOPMENT

Any construction, modification, extension, or expansion of structures or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination thereof, including the subdivision of land or action that results in construction. (Includes the terms "development activities," "develop," and "re-development.")

DISTILLERY

A facility operated under a Class 1 distillery license issued pursuant to § 2-202 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.

DISTRICT

Any section of the Town of Leonardtown within which the zoning regulations are uniform, as established by this chapter.

DOCK, RAMP, AND/OR RAILWAY, PUBLIC

Public facility for launching, mooring, or securing watercraft, and where overnight berthing is prohibited.

DWELLING

A structure that contains one or more dwelling units or other space intended for human habitation.

DWELLING, SINGLE-FAMILY

A building designed for use or occupied exclusively by one family only, but not to include a mobile home or habitable travel trailer.

DWELLING, TOWNHOUSE

A building containing three or more attached dwelling units in a row which have a common wall at the lot line between each unit and which are on separate lots.

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two families living independently of each other.

DWELLING, MULTIPLE-FAMILY

A building designed for or occupied exclusively by three or more families living independently of each other, including apartment buildings.

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit, with facilities which are used or intended to be used for sleeping, cooking, and sanitation.

DWELLING UNIT, ACCESSORY (ADU)

An ADU is a self-contained apartment located in, or attached to, a principal owner-occupied single-family dwelling, or located in a separate structure on the same lot as a principal owner-occupied single-family dwelling.

EASEMENT

A recorded grant or reservation by the owner of land for the use of all or a portion of such property to the public or others for a specific purpose.

EDUCATION FACILITY, ELEMENTARY AND MIDDLE SCHOOL

Public or private facility for primary education, including elementary and middle schools and private institutions having a curriculum comparable to that required in the public schools in the State of Maryland.

EDUCATION FACILITY, HIGH SCHOOL

Public or private facility for high schools and private institutions having a curriculum comparable to that required in the public schools in the State of Maryland.

EDUCATIONAL FACILITY, COLLEGE

Public or private institution of higher education providing curriculum of a general, religious, or professional nature, typically granting recognized degrees. This classification includes establishments engaged in the teaching of vocational and technical skills.

ELDERLY

Persons that are age 55 years and over.

ENFORCEMENT OFFICIAL

A person charged by the Town Administrator or Town Administrator's designee with enforcement of the provisions of this chapter.

EXTERIOR FEATURES, HISTORIC

The architectural style, design, and general arrangement of the exterior of an historic structure, including the nature and texture of structure material, and the type and style of all windows, doors, light fixtures, signs, or similar items found on or related to the exterior of an historic structure.

EXTRACTIVE INDUSTRY

Removal of natural materials from the surface or subsurface of the Earth for sale or further processing. This classification includes sand and gravel mining and mineral extraction.

FACADE

The exterior walls of a structure or structure exposed to public view or that wall viewed by a person not within a structure.

FAMILY

One or more persons occupying a dwelling unit and using common cooking facilities, provided that, unless all members are related by blood or marriage, or legal adoption, no such family shall contain more than four nonrelated persons. Family members related by blood or marriage shall be a father, mother, son, daughter, grandfather, grandmother, grandson and granddaughter.

FAMILY DAY-CARE HOME

A private residence where eight or fewer children receive care and supervision, provided primarily by the permanent resident of said home, for periods of less than 24 hours per day. Such homes are permitted in any zoning district where residential uses are allowed.

FARMERS MARKET

A designated area where, on designated days and times, vendors may sell directly to the public, in accordance with applicable State and Town regulations. The Town shall have the right to relocate or discontinue the market, to specify the days and times of its use, and to stipulate what goods may be sold.

FENCE

A barrier, railing, or other upright structure enclosing an area of ground to mark a boundary, control access, or prevent escape.

FINANCIAL INSTITUTION

Establishments including banks, credit union offices, savings and loans, or check cashing services, which provide central banking functions to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of money.

FLOOD, REGULATORY

A large flood with an associated discharge which is reasonably characteristic of what can be expected on a particular river or stream with a recurrent frequency of once every 100 years after total development of the watershed.

FLOODPLAIN, REGULATORY

The area adjoining a particular river or stream which would be inundated by the discharge of the regulatory flood.

FLOODWAY, FRINGE

The outer areas of the floodplain which do not contribute appreciably to the conveyance of flood flows but which would be inundated by the regulatory flood without increasing water surface elevations more than one foot.

FLOODWAY, REGULATORY

The river or stream channel and portions of the floodplain immediately adjacent which are required to convey the discharge of the base flood without cumulatively increasing the water surface elevation more than a designated height.

FLOOR AREA

The sum of the gross horizontal areas of each floor encompassed by the exterior walls of the structure, measured from the exterior faces of the exterior walls or from the center line of walls separating two structures, but not including attic space, basements, crawl spaces providing headroom of less than seven feet, or fire escapes.

FOOTPRINT

The area encompassed by a structure's outer walls at ground level.

FRONTAGE

The portion of a building or a lot that is abutting a street and situated between lot lines intersecting such street.

FRONTAGE, STREET

The distance for which a lot line adjoins a public or private street from one lot line intersecting said street to the furthest lot line intersecting the same street.

FRONTAGE, STRUCTURE

The linear length of the structure facade where the primary entrance faces a public street. A structure's frontage shall be considered all parts of a wall, walls, or elevation that are parallel to such street.

FUEL SALES

Structures and premises where petroleum products and alternative motor fuel sources may be supplied and dispensed at retail. "Fuel sales" does not include repair or body shops.

FUNERAL AND INTERMENT SERVICES

Services involving the care, preparation or disposition of human or small domestic animal remains other than in a cemetery. Typical uses include crematories and mortuaries.

GARDEN APARTMENT

A multifamily dwelling with a maximum of three stories in height and with sufficient open space and parking surrounding.

GATE

A movable barrier to create an opening in a wall, fence, or hedge to provide access to or from an area of ground or structure.

GOVERNMENT FACILITY

Administrative, clerical, or public contact offices and facilities of federal, State, or local government agencies.

GRADE

For buildings having:

(1)

A wall or walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(2)

A wall or walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.

(3)

No walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall parallel to or within 10º of being parallel to and not more than 15 feet from a street line is to be considered as adjoining the street. Sidewalk grades shall be established by the Town Engineer.

GREENHOUSE

A structure in which plants are grown for protection from the elements under managed growing conditions.

GUESTHOUSE or TOURIST HOME

Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

HEIGHT OF BUILDING

The maximum height of a building permitted. Building height is determined from the vertical distance as measured from the lowest ground elevation on the building to the highest point on the building, excluding chimneys and antenna.

HEIGHT, SIGN

As applied to a sign, the combined overall vertical dimension of the entire sign structure, including the sign message area, and all foundations, framing, trim, or embellishments, as measured from the finished grade of the surrounding site in the immediate vicinity of the sign to the highest point of the structure from the ground.

HOME OCCUPATION

An accessory use as a personal service or profession or use customarily conducted within a dwelling carried on by a member of the immediate family residing in the dwelling, which does not change the residential character of the neighborhood, provided that the use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by the occupants, and provided that the use occupies not more than 200 square feet of the floor area of such dwelling unit. Generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation is prohibited.

HORTICULTURE

Agricultural activity primarily consisting of raising and harvesting crops, including gardens, nurseries, greenhouses, and orchards.

HOSPITAL

A building or group of buildings having room facilities for one or more abiding patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, outpatient department, training facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.

HOTEL

A building in which lodging or boarding and lodging are provided for more than 20 persons, primarily transient, and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house or an apartment house, which are herein separately defined. A hotel may include restaurants, taverns or club rooms, public banquet hall, ballrooms and meeting rooms.

HOUSING FOR THE ELDERLY

A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 55 years of age or older or where the primary occupant is 55 years of age or older. Covenants may be instituted by the builder, project manager, or resident associations, as applicable, to limit minimum age or marital status. This does not include a development that contains convalescent or nursing facilities.

IMPERVIOUS AREA

Any surface that does not allow stormwater to infiltrate into the ground.

INFILL

The development of vacant, abandoned, passed over or underutilized land within built-up areas of existing communities, where infrastructure is already in place.

INFORMATION, PIECE OF

A word, whole number, telephone number, price, logo, picture, punctuation mark, or similar separately identifiable unit on a sign.

INN

See "bed-and-breakfast."

JUNKYARD

A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

LANDMARK

Any designated site or structure outside the boundaries of a historic zone that is of exceptional historic, archeological, or architectural significance.

LANDSCAPED AREA

A portion of the site or property containing vegetation to exist after construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns, and plantings.

LAYBACK SLOPE

A building restriction line that may limit height of structure below what is permitted in the zone based on its location to surrounding uses. The restriction line is based on an angle from a set point that creates a triangle with the hypotenuse (long side opposite of a right angle) being the slope to which a structure cannot penetrate.

LIGHT MANUFACTURING

Manufacturing of finished products or parts, primarily from previously prepared materials, and provision of industrial services, both within an enclosed structure. This classification includes commercial bakeries and businesses engaged in processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing (except for commercial bakeries), and vehicle/equipment services.

LIVE ENTERTAINMENT

Any establishment that provides performances for the purpose of amusing a guest or patron on a scheduled basis more than three times a calendar year, regardless of whether the performers are compensated. "Live entertainment" also includes any form of dancing by guests or patrons that occurs on a scheduled basis.

LIVE-WORK UNITS

Building type with office or retail space configured on the first floor, and residential space above.

LOADING SPACE or LOADING BERTH

A space within the main building or on the same lot providing for the standing, loading or unloading of trucks having a minimum dimension of 12 by 45 feet and a vertical clearance of at least 14 feet. For a funeral home, such space may be reduced to 10 feet by 25 feet and vertical clearance to eight feet.

LOGO

The graphic or pictorial presentation of a message, including, but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols, illustrations, the superimposition of letters or numbers, or any other use of graphics or images other than the sequential use of letters and numbers.

LONG-TERM CARE FACILITY

A facility primarily engaged in providing inpatient nursing and rehabilitative services to individuals requiring twenty-four-hour nursing care for an extended period of time. This classification includes nursing homes, rest homes, and homes for senior persons with nursing care.

LOT

A parcel of land which may include one or more platted lots, occupied or intended for occupancy by a use permitted in this chapter, including one main building, together with its accessory buildings, the yard areas and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

LOT AREA

The total horizontal area within the lot lines of the lot.

LOT, CORNER

A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135º.

LOT, DEPTH OF

The main horizontal distance between the front and rear lot lines.

LOT, INTERIOR

A lot, other than a corner lot, with only one street frontage.

LOT LINE

The boundary line of a lot.

LOT, RECORD

The land designated as a separate and distinct parcel on a legally approved and recorded subdivision plat filed among the land records of St. Mary's County.

LOT, REVERSED FRONTAGE

A lot in which the frontage is at right angles to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot.

LOT, THROUGH

A lot, other than a corner lot, with frontage on two streets.

LOT WIDTH

The distance between the side lot lines, measured at the required front yard line.

MAINTENANCE AND REPAIR SERVICE, MAJOR

Establishments engaged in maintenance and repair of industrial equipment and machinery and any other repair maintenance service that provides outdoor storage and work areas in addition to interior shop space for working on equipment and implements. Use may include the sale, installation, and service of related equipment and parts. Use excludes maintenance and repair of vehicles, boats, or ships.

MAINTENANCE AND REPAIR SERVICE, MINOR

Repair and incidental sales of supplies for appliances, office machines, home electronic equipment, bicycles, tools, small engines, garden equipment, and similar types of items. This classification includes furniture refinishing and repair, but excludes maintenance and repair of vehicles, boats, ships, or industrial equipment and machinery.

MANSARD ROOF

A hip roof, each face of which has a steeper lower part and a shallower upper part.

MARINE SERVICES

Facility that provides services primarily to recreational watercraft in the water and occupants thereof. Includes restrooms, sewage pumpout facility, concessions, and sale of fuel and incidental supplies.

MARINE TERMINAL

Commercial or industrial piers or port facility for the loading and offloading of passengers, vehicles, bulk materials, and cargo on boats, ships, tankers, or barges. Includes shipping terminals, ferry terminals, tanker ports, and barge loading facilities.

MARQUEE

A canopy-like structure typically associated with theaters that cantilevers over the principal entrance of a building, that has no vertical supports other than the wall from which it cantilevers, and that provides a wall surface typically used for signage and changeable copy signage support.

MICROBREWERY

A facility operated under a Class 7 micro-brewery license issued pursuant to § 2-209 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.

MIXED-USE

A contributing use, when combined with other uses, that satisfies the day-to-day needs and functions of a walkable neighborhood or community. A mixed-use building may be a live-work unit or separate-use structure situated in a predominantly residential area.

MOBILE HOME PARK

An area where one or more mobile homes or trailers can be and are intended to be parked, designed or intended to be used as temporary or permanent living facilities for one or more families.

MOBILE HOME or TRAILER

A vehicle used or so constructed as to permit being used as a conveyance upon the public street and highways and constructed in such a manner as will permit occupancy thereof for human habitation, dwelling or sleeping places for one or more persons, provided further that this definition shall refer to and include all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed or transported by another vehicle.

MOTEL

Same as "hotel," except designed to accommodate any number of guests and that the building or buildings are designed primarily to serve tourists traveling by automobile and that ingress and egress to rooms need not be through a lobby or office. Included in this category are motor courts, tourist courts, auto courts, motor hotels and inns.

MOTOR VEHICLE MAINTENANCE SERVICE, MAJOR

Repair of automobiles, trucks, motorcycles, tractors, motor homes, recreational vehicles, recreational or commercial watercraft, and marine engines, including the sale, installation, and servicing of related equipment and parts. "Motor vehicle maintenance service, major" includes engine repair, body and fender shops, vehicle painting, wheel repairs, tire sales and installation, and/or repair of heavy trucks or construction vehicles, but excludes vehicle dismantling or salvage and tire re-treading and recapping.

MOTOR VEHICLE MAINTENANCE SERVICE, MINOR

Establishments where vehicle repairs and routine maintenance are made in enclosed bays and no vehicles are stored overnight, including quick-service oil, tune-up, tire, brake, and muffler shops; and washing, waxing, or cleaning of automobiles or similar vehicles. "Motor vehicle maintenance service, minor" excludes uses providing towing, engine repair, body and fender work, vehicle painting, or repair of heavy trucks or construction vehicles.

MOTOR VEHICLE SALES

Establishments engaged in the retail sale of new or used vehicles of all types undertaken in indoor retail showroom or outdoor sale lots and related offices; may provide repair and major maintenance services; and may sell related parts, accessories, and equipment.

MULTIPLE OCCUPANCY PROPERTY

A property with an approved development of one or more parcels with multiple occupancies of one or more land use types that share elements such as parking, signage, building lobbies, common open areas, stormwater facilities, and/or other similar elements.

NET ACREAGE

The total acreage of a lot, tract, or parcel, excluding land in existing and proposed streets and street rights-of-way.

NONCONFORMING LOTS OF RECORD

Any lot which does not conform to the currently applicable requirements and standards for lot dimensions prescribed in the regulations for the zone in which the lot is located by reason of adoption or amendment of this chapter.

NONCONFORMING SIGN OR DEVICE

A sign or device lawfully existing prior to the adoption of this chapter and amendments which could not be built, erected, or installed under the current terms of this chapter.

NONCONFORMING STRUCTURE

A structure that was lawfully erected but which does not conform to the currently applicable requirements and standards for yard spaces, height of structures, or distances between structures prescribed in the regulations for the zone in which the structure is located by reason of adoption or amendment of this chapter.

NONCONFORMING USE

A use that was lawful when established but no longer conforms to the requirements of the zone in which it is located because of the adoption or amendment of this chapter or the zoning map.

OCCUPANCY, CERTIFICATE OF

The certificate issued by the Town Administrator or their designee, which permits the use of a structure in accordance with the approved plans and specifications and which certifies compliance with the provisions of the law for the use and occupancy of the structure as specified in the Town Code.

OFFICE

Offices of firm(s) or organization(s) providing professional, executive, management, or administrative services.

OFFICE, HOME

The use of a designated portion of a dwelling unit for telephone and other technological communication with customers, clients, suppliers, and others, for occasional consultation with customers, clients, suppliers, and others, and/or for the performance of administrative work such as bookkeeping, processing of correspondence, preparation of reports or other written materials, etc., in support of a business, profession, trade, occupation, or employment.

OFFICE, MEDICAL

A facility used to provide the diagnosis and treatment for medical, dental, optical, mental health, and related services, including medical/dental laboratories incidental to the medical office use, and medical clinics.

OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water that are designated and intended for either:

(1)

The recreational use and enjoyment of residents of a development from which it was established and for the general public; or

(2)

For the exclusive recreational use and enjoyment of residents of the development from which it was established.

Open space may include:

(1)

GREEN AREA/SPACE

An area of land accessory to a structure for the purpose of providing light, air, and open space. Such areas shall generally be available for entry and use of the occupants of the premises and may include lawns, gardens, decorative plantings and wooded areas, landscaped areas used for screening purposes, landscaped areas covering structures, required yards, sidewalks and pedestrian bicycle paths, water surfaces, village greens, parks, and include active and passive recreational areas. "Green area" shall not include streets, drives, or parking or loading areas.

(2)

PUBLIC USE SPACE

An area of land or place that is open and accessible to all people. These are gathering spaces such as playgrounds, public seating areas, squares, courtyards, plazas, and other active recreational amenities.

OUTDOOR STORAGE

Storage or placement of equipment, merchandise, or products not otherwise permitted inside of a structure. This does not apply to agricultural use classifications.

PARCEL

A contiguous area of land described in a single description by a deed or other instrument or as one number of lots on a plat or plan, capable of being separately conveyed.

PARKING AREA, INTERIOR

The area within the perimeter of the curbs or edge of paving and does not include drive aisles without parking on either side, sidewalks, through islands, areas within islands that contain utilities below, signs, or other landscaping.

PARKING AREA, PERIMETER

An area adjoining the perimeter of the parking area or edge of paving, excluding driveways or walkways providing access to the parking area.

PARKING FACILITIES, PRIVATE

Private parking garages or lots not intended for public use.

PARKING FACILITIES, PUBLIC

Public parking garages or lots intended for public use.

PARKING, JOINT USE

A condition wherein two or more uses may provide required off-street parking spaces in a common parking facility if the total spaces provided are not less than the sum of the spaces required for each use individually.

PARKING, SHARED

Shared parking is the condition wherein differing day/night and weekday/weekend schedules allow the parking to be shared by more than one structure or more than one use within the same structure.

PARKING SPACE, OFF-STREET

An all-weather surfaced area not in a street or alley and having an area of not less than 180 square feet, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surface driveway which affords satisfactory ingress and egress for automobiles.

PARKLAND

A large open area available for recreation, comprised of paths, trails, open lawn, trees, open shelters, or similar amenities, that is owned or administered by the Town and is available to the general public.

PENNANT

Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string, or pole, and which is designed to move in the wind.

PERMANENT MATERIALS

Rigid, durable material that can hold in all weather conditions such as hard plastic, wood, stone, MDO plywood, aluminum, steel, PVC, glass, and Plexiglas. Fabric, corrugated plastic, vinyl structures, and the like are not considered permanent materials.

PERSON

Any individual, association, company, corporation, limited liability company, firm, organization, or partnership, singular or plural, of any kind.

PERSON, SENIOR

A person who is at least 55 years of age.

PERSONAL IMPROVEMENT SERVICE

Establishment providing facilities for and instruction examples including photography, fine arts, music, crafts, dance, gymnastics, yoga and personal fitness, martial arts, driving, scuba instruction, sailing, and weight management.

PERSONAL OR BUSINESS SERVICE

Establishment providing a range of support activities or services and incidental sales to persons and businesses. This classification includes, but is not limited to, small-scale retail, grocery, and/or specialty stores, barber and beauty shops, tattoo parlors, dog grooming, watch and jewelry repair shops, engraving studios, picture framing shops, shops for tailors, shoe repair, dry cleaners, locksmiths, film developing, telegraph and fax services, delivery services, self-service laundries, janitorial or maintenance services, document delivery, mail receiving and distribution, drafting, blueprinting, typesetting, copying, and photographic or other similar services.

PLACE

An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereof.

PLANNED DEVELOPMENT GOVERNING DOCUMENTS

The collection of documents that establish the density, use, development standards, and special provisions that guide the build-out of a planned development located in any of the planned development zones contained in this chapter. Those documents include one or more of the following:

Any resolution of approval by the Town Council and any subsequent amendment thereto including any attachments;

Any master site development plan approved by the Town Council and any subsequent amendment thereto including any attachments;

Any preliminary development plan approval by the Planning Commission and any subsequent amendment thereto including any attachments;

Any annexation agreement or development agreement;

The provisions of the predecessor to this chapter applicable to the particular planned development prior to the effective date of this chapter and not inconsistent with the resolution of approval, the approved preliminary development plan, the annexation agreement or other development agreement.

PLAT

A plotted map, chart, or plan, or a map of a legally recorded subdivision showing the boundaries and locations of the lot or lots recorded thereon.

PORTABLE STORAGE CONTAINER

A standardized, reusable vessel that is or appears to be: 1) originally, specifically, or formerly designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods, or commodities; 2) designed for or capable of being mounted or moved on a rail car; or 3) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

PORTICO

A porch or walkway, open to the outside air, that is covered by a roof supported by columns or pillars, typically leading to the entrance of a structure. A portico is considered a "canopy" for purposes of determining signage.

PREMISES

A lot, together with all buildings and structures thereon.

PRIVATE EDUCATIONAL INSTITUTION

Every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction or any combination thereof or any other program of trade, technical or artistic instruction and every day camp, day nursery, child-care home and child boarding home which provides supervision of children or infants, but such term does not include:

Any private educational institution which is under the jurisdiction of the County Board of Education; or

Any establishment having a single teacher, tutor or instructor or supervisor and having a maximum attendance of not more than four persons at any one time.

PRODUCTION INDUSTRY, CUSTOM

On-site production of goods by hand manufacturing involving the use of hand tools and small-scale equipment. "Production industry, custom" includes custom carpentry, cabinet and small-scale furniture making and woodworking, blacksmiths, welding, machine shops, sail lofts, and small-scale sawmills for custom work and custom jewelry making.

PRODUCTION INDUSTRY, GENERAL

Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. "Production industry, general" includes food processing and packaging, furniture manufacture, laundry and dry cleaning plants, stonework and concrete products manufacture, and large-scale sawmills and kiln drying operations.

PROFESSIONAL STUDIO

A specific type of arts, recreation and entertainment service use; a place where works of art are created, displayed and/or sold, and/or where instruction of the arts, to students, occurs in the fields of painting, drawing, sculpture, etching, craft work, fine arts, photography, music, or similar fields, but not including health treatment.

PUBLIC MAINTENANCE FACILITY

Facilities providing maintenance and repair services for public and utility vehicles and equipment and materials storage areas. "Public maintenance facility" includes utility and road maintenance depots, equipment service centers, and similar facilities.

PUBLIC SAFETY FACILITY

Facilities for public safety and emergency services, including fire protection, rescue squad, police, and detention service. Includes private non-profit medical transport services, emergency medical care offices, and communications facilities located entirely within structures.

PUBLIC UTILITY EASEMENT (PUE)

An easement dedicated by the owner of real property and depicted on a subdivision plat and/or site plan for the purpose of granting unto the Town, utility companies, or their assigns the right to locate utility facilities, to include but not limited to electric, broadband, telephone, gas, and other types of public utilities, within the designated length and width of the public utility easement so depicted. A utility easement passes on when the property is transferred or sold.

RECREATIONAL FACILITY, MAJOR

Includes commercially operated indoor and outdoor recreation and entertainment facilities not specifically classified elsewhere that provides accommodations for any number of spectators or that occupy 15 acres or more of land. "Recreational facility, major" includes, but is not limited to, drive-ins, amphitheaters, sports arenas, golf courses, amusement parks, and water parks.

RECREATIONAL FACILITY, MINOR INDOOR

Includes but is not limited to commercially operated indoor recreation and entertainment facilities such as bowling alleys, billiard parlors, ice or roller skating rinks, public swimming pools, miniature golf, tennis or racquetball courts, health or fitness clubs and gyms, dance halls, and game centers, including pinball arcades, or establishments having five or more coin-operated electronics or mechanical game machines.

RECREATIONAL FACILITY, MINOR OUTDOOR

Includes but is not limited to commercial outdoor recreation and entertainment facilities, such as miniature golf or scale-model courses, skating rinks, public swimming pools, tennis or racquetball courts, target shooting, golf driving, or batting ranges.

RECREATIONAL FACILITY, PUBLIC

Non-commercial park, playground, recreation structure, and publicly accessible open space. "Recreational facility, public" includes fields for amateur and youth sports including, but not limited to, baseball, softball, football, lacrosse, and soccer.

REDEVELOPMENT

Construction in previously developed areas which may include the demolition of existing structures and building new structures, or the substantial renovation of existing structures, often changing form and function. Projects tend to be somewhat larger and more complex than infill projects.

The reuse of previously used, nonagricultural land.

RELIGIOUS INSTITUTIONS

A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a recognized religious body organized to sustain public worship. Religious institutions include but are not limited to churches, parish halls, temples, convents, mosques and monasteries.

RENTAL HOUSING

Any structure or combination of related structures and appurtenances, including personal living quarters, or a building in which a landlord provides dwelling space for a tenant for consideration. "Rental housing" does not include:

Any transient housing, such as a guest room in an apartment, hotel, boardinghouse, bed-and-breakfast, inn, motel, hotel, school dormitory, hospital, or medical facility; or

Any housing operated for religious or charitable purposes.

RESEARCH AND DEVELOPMENT

Industrial or scientific research, including limited product testing. "Research and development" includes electronic research firms, computer software development and pharmaceutical research laboratories, and laboratories primarily engaged in developing new methods for processing, analysis, and testing for manufacturing or medical activities.

RESTAURANT

A business establishment where refreshments and/or meals are prepared and served on the premises.

RESTAURANT, CARRY-OUT

Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten away from the premises as there are limited facilities for on-premises consumption of food.

RESTAURANT, FAST-FOOD

Any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so it can readily be eaten outside or inside the premises and whose method of operation includes serving customers in motor vehicles either at a drive-through window or while parked.

RESTAURANT, WALK-UP

A food establishment where a patron would typically walk up to an exterior window and place an order for ready-to-eat food primarily intended for immediate consumption available upon a short waiting time.

RESTORATION

The process of accurately recovering the form and details of a property as it appeared at a specific period of time by means of removal of later work and the replacement of work missing from that period.

RETAIL SALES GENERAL

An establishment that occupies a gross floor area in excess of 10,000 square feet and is engaged in retail sales of goods and merchandise not specifically listed under another use classification. "Retail sales general" includes department stores, discount stores, and shopping "clubs," home furnishing stores, supermarkets, retail plant nurseries and garden centers, and establishments engaged in retailing or wholesaling of building supplies or equipment, including lumberyards and implement, tool, and equipment sales.

RETAIL SALES LIMITED

An establishment engaged in retail sales of limited types of goods and merchandise not specifically listed under another use classification, including, but not limited to, specialty stores engaged in the retail sale of antiques, appliances, art, art supplies and services, new automotive parts and accessories (excluding service and installation), bicycles, cameras, carpeting and floor coverings, coins, electronic equipment, handcrafted items, hardware, hobby materials, jewelry, kitchen utensils, medical supplies, office supplies, paint and wallpaper, photographic supplies, records, sporting goods, toys, used merchandise, groceries, liquor, and similar types of goods.

RETAINING WALL

A structure designed and constructed to resist the lateral pressure of soil when there is a desired change in ground elevation that exceeds the angle of repose of the soil.

RIGHT-OF-WAY, PUBLIC

The legal right of a pedestrian or vehicle to proceed along a path, road, street, or highway, that was preserved or dedicated by plat, easement, eminent domain, purchase, fee simple title, or prescriptive use.

SECURITY and BONDING

Any of the types of security accepted by the Town to secure performance of required obligations.

SETBACKS

The minimum perpendicular distance required between a lot line and the principal structure or structure constructed, or which may be constructed thereon consistent with the setback requirements of the zone in which such lot is located, as depicted in Figure 4 below.

Figure 4

SHOWS and EVENTS

Temporary indoor or outdoor events occurring at a site intended for such purpose, including animal shows for domestic or farm animals, art fairs and shows, indoor display and sale of hand crafted items and similar objects, equipment and trade fairs, concerts, carnivals, fairs, and other similar events; and events that provide games, eating and drinking facilities, live entertainment, or similar activities.

SIGHT VISIBILITY TRIANGLE (or HORIZONTAL SIGHT DISTANCE)

As depicted in Figure 5 below, the triangular space provided across all property corners created by either the intersection of two streets or the intersection of a driveway and a street. The sight visibility triangle is determined by drawing a diagonal line across the corner of the lot measured from two points drawn 25 feet back from the street or driveway intersections with a street, as depicted in Figure 5 below.

Figure 5

SIGNS

For definitions of signs, see Article XVI of this chapter.

SITE

One or more lots, tracts, or parcels of land considered as one land-unit for purposes of this chapter. For a single-family residence, the site shall be the lot on which it is located. For multifamily projects, the site shall be all land occupied by the structures in the project and adjoining such property and under common ownership with it. For vacant land, the site shall be all of the adjoining vacant land under single ownership. For single-occupancy, nonresidential properties, the site shall be the land unit that is occupied. For planned shopping centers or multiple-occupancy properties, the site shall be all land included under the original "site plan" or "subdivision plan" approval or all land included under the original "common sign plan" approval under this chapter or its predecessor, whichever land area is larger.

SITE PLAN

A plan depicting the proposed development of a property, in terms of the location, scale, and configuration of structures and other features.

SITE, HISTORIC

The location of an event of historic significance or a structure, whether standing or ruined, which possesses historic, architectural, archeological, or cultural significance.

SMALL-SCALE COMMERCIAL SERVICES

Uses or shops that service the needs of the community, including personal service facilities and office uses, but not including retail sales. Such uses may include, but are not limited to the following consumer, professional or commercial service establishments: Barber or beauty shop, professional offices, dancing or music school, medical or dental office, photographic studio, and dressmaker/tailor shop. Such uses shall not adversely impact any adjacent residential uses within the PIRD District.

SMALL WIRELESS FACILITY

“Small cells,” which are low-powered wireless base stations that function like traditional cell sites in a mobile wireless network but typically cover targeted indoor or localized outdoor areas; “DAS” or “distributed antenna systems,” which use numerous antennae, commonly known as “nodes,” similar in size to small cells and are connected to and controlled by a central hub; and other similar facilities, systems or devices designed to facilitate a mobile wireless network within a localized area and to be attached to a support structure within sidewalks or streets or on private property.

SMOKING LOUNGE

A business establishment that is dedicated, in whole or in part, to the smoking of tobacco products.

SOLID WASTE FACILITY

Any facility for the collection, source separation, storage, transportation, transfer, processing, treatment, or disposal of solid wastes and recycling, including hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise such as transfer stations, landfills, or dumps.

SPECIAL EXCEPTION

A grant of a specific use that would not be appropriate generally or without restriction. It shall be based on Board of Zoning Appeals findings that certain conditions exist in this chapter to grant special exceptions and that the proposed use conforms to the Master Plan and is compatible with the existing neighborhood.

STORY

Any floor of a structure at or above grade.

STORY, HALF

A space under a sloping roof at the top of the building, the floor of which is not more than two feet below the plate, shall be counted as a half story when not more than 60% of said floor area is used for rooms, baths or toilets. A half story containing an independent apartment or living quarters shall be counted as a full story.

STREET

A public dedicated way which affords the principal means of access along the frontage of a buildable lot.

STREET LEVEL

A level of a building at which access from a street or the principal/main entrance to the building is located.

STREET LINE

A dividing line between a lot, tract or parcel of land and a contiguous street.

STREET WALL

A continuous wall or fence adjacent to a street with a minimum height of 36 inches and 90% opacity.

STREET, ARTERIAL (MAJOR)

A street that primarily carries local and through traffic to and from destinations outside local communities, connects cities and rural centers, and carries moderate-to-heavy volumes of traffic at moderate-to-high speeds.

STREET, ARTERIAL (MINOR)

A street that primarily connects collectors to higher order roadways and carries moderate volumes of traffic at moderate speeds.

STREET, COLLECTOR

A street that is a principal carrier within neighborhoods or single land use areas. Collector streets link neighborhoods with major activity centers, other neighborhoods and arterials and are generally not for through traffic. They carry low-to-moderate volumes of traffic at low-to-moderate speeds. New collector streets should intersect minor arterials rather than major arterials.

STREET, LOCAL

A street designed to provide access to abutting property and to connect to higher order roads, and on which calming measures may be appropriate. New local streets should intersect connectors, collectors, or, if necessary, minor arterials, and are inappropriate for through traffic.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.

STRUCTURE

Anything other than a fence or retaining wall constructed or erected which requires location on the ground or is attached to something having a location on the ground, including but not limited to advertising signs, billboards, posterboards and mobile homes.

STRUCTURE LINE

The lines that mark the location, height, bulk, and size of a structure.

STRUCTURE, ACCESSORY

A structure that is customarily incidental and subordinate to the principal structure on a property and may include, but is not limited to, sheds, decks, detached garages, and gazebos.

STRUCTURE, PRINCIPAL

A structure in which a principal use is conducted on a lot or parcel that has been lawfully established in a particular zone, provided it conforms to all regulations, requirements, and standards of such zone and receives approval for such use.

SUBDIVISION

The division of a single lot, tract, or parcel of land or part thereof into two or more lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership or of development. The term "subdivision" includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

SUPPORT STRUCTURE

Any light pole, utility pole, building wall, rooftop or other structure upon which a small wireless facility is attached.

SWIMMING POOL

Above- or in-ground structure filled or intended to be filled with water for swimming.

TAVERN

A licensed establishment serving alcoholic beverages in which 50% or more of gross receipts are from the sale of such beverages at retail for immediate consumption, and which may provide limited food and entertainment (primarily music) services.

TEARDOWN

Demolition and subsequent replacement of a structure.

TEMPORARY HOUSING

Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

TEMPORARY RESIDENCE DURING CONSTRUCTION

A mobile home used as a temporary residence in conjunction with the construction of a permanent home.

THEATER

An establishment whose primary purpose is to offer to the public movies, live performances or other entertainment.

TOWN COMMISSIONERS

The Town Commissioners of Leonardtown.

TRANSIT STATION

An off-street at-grade, under, or above street level facility for stopping of transit vehicles to pick up and drop off passengers, usually with a boarding/alighting platform, waiting area, fare collection, information, and related facilities.

TRAVEL TRAILER

Either a self-propelled or a drawn vehicle which people use for living or sleeping quarters on a temporary basis and is designed to be operated with or without utility connections.

UNDERUTILIZED

To utilize less than fully, or below the potential level of use. Underutilized sites or structures may include vacant land, sites occupied by deteriorated or dilapidated structures, or sites which are occupied by structures or uses that, if improved, would enhance the Town tax base, or better serve the needs and improve the character or quality of the neighborhood in which they are located.

USE

The purpose or activity for which land or any structure thereon is designed, arranged, or intended or for which it is occupied or maintained.

USE, ACCESSORY

A use only allowed with the principal use on the same lot or within the same structure with and of a nature customarily incidental and subordinate to the principal use.

USE, PERMITTED WITH CONDITIONS

A use permitted by right but that requires additional review and conditions for approval.

USE, PRINCIPAL

A use that may be lawfully established in a particular zone, provided it conforms to all regulations, requirements, and standards of such zone and receives approval for such use.

UTILITY INSTALLATIONS, PUBLIC

Public utility that is necessary to support legally established uses and involves only minor facilities or structures such as a small drainage channel; aqueduct; small sewer or water pump station or substation; aboveground distribution or transmission lines including service for telephone or cable television; underground water, sewer, drainage, gas, electricity, telephone, or related utility lines; telephone switching centers; and telegraph or cable television transmitting offices.

UTILITY, MAJOR

Power generating plant or power substation, water reservoir, water or wastewater treatment plant and associated disposal ponds, or similar facility of a public agency or public utility on a lot larger than or equal to two acres.

UTILITY, MINOR

VARIANCE

A modification only of density, bulk, height or area requirements in the Zoning Ordinance where such modification will not be against the public interest and where, owing to conditions peculiar to the property itself, a literal enforcement of the Zoning Ordinance would result in undue hardship. The Board of Zoning Appeals shall decide upon a variance.

VEHICLE, COMMERCIAL

A vehicle that is used for a commercial business and/or belongs to a company or corporation and is registered as a "business owned vehicle" with the Motor Vehicle Administration (MVA).

WALL, EXTERIOR

A vertical, exterior structural component of a structure. A parapet extending not more than 12 inches above a flat roof shall be considered part of the exterior wall for purposes of determining signage.

WAREHOUSING and STORAGE, GENERAL

Long- or short-term storage of goods or materials produced off-site within an enclosed structure prior to their distribution to wholesale or retail outlets, excluding discount clubs and similar establishments engaged in retail sales of bulk items.

WAREHOUSING and STORAGE, LIMITED

An establishment whose principal business is the leasing of enclosed compartmentalized storage space, not exceeding 500 square feet of floor area and 12 feet in height, for the storage of household items, business items, and nonvolatile goods.

WHOLESALING and DISTRIBUTION CENTER

Indoor storage and sale of factory-direct merchandise and bulk goods. "Wholesaling" and "distribution center" includes mail-order sales, importing, and the wholesale sale of goods imported by the establishment and wholesale distribution, but does not include discount clubs and similar establishments engaged in retail sales of bulk items.

WINDOW AREA

The area of glass, including mullions, of a single window unit, set between structural elements.

WINERY

A winery is a building or property that produces wine, or a business involved in the cultivation and production of wine, such as a wine company.

WORK OF ART

A painting, sculpture, mural, or other creative piece devoid of commercial message.

WRECKING and SALVAGE

Storage or dismantling operation of inoperative vehicles, machinery, or other goods, including but not limited to establishments engaged in the sale of used parts recovered from on-site vehicles and machinery. Objects may either be displayed as individual items or assembled into partial or complete vehicles or other machines.

YARD

An open space, other than a court, on a lot unoccupied and obstructed from the ground upward, except as otherwise provided in this chapter.

YARD, FRONT

A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projections of uncovered steps, uncovered balconies, terraces or uncovered porches.

YARD, REAR

A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.

YARD, SIDE

A yard between the main building and the side line of the lot and extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and side of the main buildings or any projections thereof, as shown in Figure 6 below.

Figure 6

[1]

Editor's Note: Pursuant to the 1989 Charter, the Commissioners of Leonardtown are now the Mayor and Council of the Town of Leonardtown.

[1]

Editor's Note: The Comprehensive Zoning Map of the Town was updated, revised and adopted 4-22-2010 by Ord. No. 146.

R-SF	Single-Family Residential District
R-MF	Multiple-Family Residential District
PUD-M	Mixed Use Planned Unit Development District
C-B	Commercial Business District
C-O	Commercial Office District
C-H	Highway Commercial District
C-M	Marine Commercial District
C-SC	Commercial Shopping Center District
I/O	Institutional/Office District
R/P	Recreation and Parks District

Leonardtown City Zoning Code

ARTICLE I

§ 155-1 Intent.

§ 155-2 Title; applicability.

§ 155-3 Purpose.

§ 155-4 Definitions and word usage.

§ 155-5 General organization of regulations.

§ 155-6 Establishment of districts.

§ 155-7 Zoning District Map. [1]

§ 155-8 Interpretation of boundaries.

§ 155-9 General restrictions.