This title has been adopted pursuant to the authority granted by Local Government Article, Section 5-213 and the Land Use Article of the Annotated Code of Maryland, for the purpose of controlling and regulating zoning. It has been adopted and amends and recodifies the zoning ordinance adopted March 3, 1969, and readopted December 17, 1974.

The provisions of this title are for the purpose of promoting the health, safety and general welfare of the Town of Middletown. It defines residential, commercial and industrial districts in the community in a manner reflective of the comprehensive plan. Regulations enacted for each district establish allowable uses, lot areas, height of structures, advertising sign requirements and other pertinent requirements and restrictions. Filing procedures, fees and procedures of the board of appeals are also established.

(Ord. No. 15-02-01, § I, 2-9-2015; Ord. 182 (part), 1976)

A.

This title is made in accordance with the Middletown Comprehensive Plan and is designed for the following purposes:

1.

To control congestion in the streets;

2.

To secure the public safety;

3.

To promote health and the general welfare;

4.

To provide adequate light and air;

5.

To promote the conservation of natural resources;

6.

To prevent environmental pollution;

7.

To avoid undue concentration of population;

8.

To facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other public requirements.

B.

Further these regulations are made with reasonable consideration to the character of each district, its suitability for particular uses and with a view to conserving the value of buildings and encouraging the orderly development and the most appropriate use of land throughout Middletown.

(Ord. No. 15-02-01, § I, 2-9-2015; Ord. 182 § 1.0, 1976)

For the purpose of this title certain terms or words used in this chapter shall be interpreted as follows:

Words used in the present tense include the future. All words in the singular include the plural and all words in the plural include the singular. The word "shall" is mandatory and not directory. The word "used" shall be deemed to include "designed, intended, or arranged to be used."

"Accessory use or building" means a use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. An accessory building is not attached by any part of a common wall or common roof to the principal building.

"Active adult community" means a community designed and planned exclusively for independent home living by active adults with households occupied by at least one resident who is fifty-five (55) years of age or older. The community shall be designed to provide the following benefits:

1.

An attractive environment for older active adults which is suitable for their special needs, including smaller dwelling units which are more appropriate for older adults without children, and smaller yards resulting in reduced privately owned property requiring homeowner maintenance;

2.

Open space and recreation areas for active older adults to be owned and maintained by a homeowners' association;

3.

A pattern of development which preserves trees, outstanding natural topography and geographical features and prevents soil erosion;

4.

A creative and flexible approach to the use of land and related physical development which results in a community design and housing types uniquely different from other residential communities not specifically designed for active adults;

5.

An efficient use of land resulting in smaller networks of utilities and streets and thereby promoting lower unit costs per house;

6.

An environment in harmony with the overall subdivision and surrounding development.

"Adult entertainment activities" means:

A.

Any merchandise, object, item, or device that is designed and/or marketed with the intention of causing, or that reasonably may be expected to cause, sexual stimulation, sexual excitement or sexual gratification.

B.

Any performance, conduct, activity, depiction, or text that is intended to cause or provide, or reasonably may be expected to cause or provide, sexual stimulation, sexual excitement, or sexual gratification and:

1.

In which an individual or individuals appear in a state of nudity or partial nudity; or

2.

That consists, in whole or in part, of action, activity, poses, portrayal, depiction, or description of:

a.

Human genitals in a discernable state of sexual stimulation or arousal; or

b.

Any act, whether real or simulated, of masturbation, sexual intercourse, anal intercourse, sodomy, fellatio, cunnilingus, fondling of the buttocks, anus, female breasts, pubic area, or genital area, sadomasochistic activity, physical contact or attempted contact with clothed or unclothed genitals, pubic areas, buttocks, anus, or female breasts; or

3.

Consists of contact with animals or inanimate objects.

"Adult entertainment business" also known as "adult oriented business" or "sexually oriented business" means a business establishment whose primary business and stock in trade is dependent upon adult entertainment activities. By way of example, and not by way of limitation, the following shall be considered as an adult entertainment business:

A.

An arcade or other place to which the public is permitted or invited and where photographs, motion pictures or other image-producing devices are maintained to, for money or other value, show images depicting or describing adult entertainment activities.

B.

A bar, club, cabaret, lounge, dance hall, restaurant, or other similar establishment or place of business which features dancers, strippers or similar entertainers or employees that engage in adult entertainment activities, or any such business establishment, the advertising for, or a sign identifying which, uses the words, "adult," "topless," "nude," "bottomless," or other words of similar import.

C.

A motion picture theater or similar commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, CDs, DVDs, slides, or similar photographic reproductions are regularly, commonly, habitually, or consistently shown that are characterized by the depiction or description of adult entertainment activities.

D.

A retail store or similar commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict or describe adult entertainment activities, and novelty items, games, greeting cards, instruments, devices, or paraphernalia that are designed for use in connection with adult entertainment activities.

"Agriculture or agricultural" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses thereto.

"Alley" means a right-of-way which provides secondary service access for vehicles to the side or rear of abutting properties.

"Amend or amendment" means any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a zone; or any repeal or abolition of any map, part thereof, or addition thereto.

"Animal boarding place" means any building or buildings used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, or other domestic animals for profit, but not to include those animals raised for agricultural purposes.

"Arterial street" means a continuous route through areas that typically carry moderate to high volumes of traffic.

Automobile garage, private. "Private automobile garage" means an accessory building or portion of a main building designed, arranged, or used for the housing of private motor vehicles, only one of which may be a commercial vehicle.

"Automobile parking space" means a permanently surfaced area of not less than one hundred eighty (180) square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.

"Automobile repair and service station" means a building, lot or both in or upon which the business of general motor vehicle repair or body and fender repair is conducted, but excluding junk and/or auto wrecking business.

"Automobile sales lot" means a lot arranged, designed or used for the storage and display for sale of any motor vehicle or any type of trailer, provided the trailer is unoccupied, and where no repair work is done except minor incidental repair of automobiles or trailers displayed and sold on the premises.

"Automobile service station" means any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental, and no storage or parking space is offered for rent.

"Basement" means that portion of a building below the first floor joists.

"Bed and breakfast home" means a facility that serves the traveling public with sleeping rooms and at least one meal per day for overnight guests only in a setting reflecting a residential rather than a commercial character.

"Billboard" (see "sign") means a structure on which is portrayed information which directs attention to a business commodity, service or entertainment not necessarily related to the other uses permitted on the premises upon which the structure is located.

"Board" means the Middletown Board of Appeals.

"Building" means a structure having one or more stories and a roof, designed primarily for the permanent shelter, support or enclosure of persons, animals or property of any kind.

Building, height of. "Height of building" means the vertical distance measured from the average finished grade ground level along the front façade to either the highest point of a flat roof or to the point one-half the distance between the eaves and the highest point of a pitched roof as illustrated in the below drawings.

"Building setback line" means a line beyond which the foundation wall and/or any enclosed porch, vestibule or other enclosed portion of a building shall not project as determined by the yard requirements.

Cellar. See "basement."

"Cemetery" means a place used for the permanent interment of dead human bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of one or more thereof.

"Child care center" and "nursery school" mean an individual agency or institution offering or supplying group care to children who have not the same parentage, for a portion or all of a day and on a regular schedule for more than once a week. Such child care centers shall be licensed by the Maryland State Department of Education, Office of Child Care and be subject to any regulations administered by that department.

"Clubs, lodges and fraternal organizations" means an organized society of persons associated together for a common cause.

"Collector street" means a street which, in addition to providing ingress to properties abutting thereon, is intended to collect traffic from or distribute it to a series of local access streets within a neighborhood.

"Commercial vehicles" see "Restricted vehicles."

"Commission" means the Middletown Planning Commission.

"Commissioners" means the Town Commissioners of Middletown.

"Community center" means the use of property for a building which serves a public function, to be used for cultural, recreational or social activities, including senior centers, and similar community or government facilities.

"Comprehensive plan" means the policies, statements, goal, and interrelated plans for private and public land use, transportation and community facilities documented in texts and maps which constitute the guide for the town's future development. For the purpose of this definition, "master plan" or "plan" shall refer to the Middletown Comprehensive Plan, as adopted in accordance with the Land Use Article of the Annotated Code of Maryland.

"Condominium" means a communal form of individual ownership of individual units of property which are supported by collectively held facilities and areas and which is subject to or established under the provisions of the Real Property Article, Section 11-101 et seq., Annotated Code of Maryland; provided, however, to be considered as a condominium under the provisions of this title, there must be at least five separate and individual units subject to one condominium regime which are intended for use solely for residential purposes.

"County" means Frederick County, Maryland.

"Court" means an open, unoccupied and unobstructed space other than a group of buildings.

"Demolition" means the destruction or partial destruction of buildings, structures, facilities or material by use of fire, water, explosives, mechanical or other means.

"Development" means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.

"Dwelling" means a building or portion thereof arranged or designed to provide living facilities, 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, attached. "Attached dwelling" means a building arranged or designed to provide living facilities for more than one family. Individual units will be separated by a common wall.

Dwelling, detached. "Detached dwelling" means a building designed to provide living facilities for one family entirely separated from any other building or structure by space on all sides.

Dwelling, duplex. "Duplex dwelling" means two dwelling units arranged or designed to be located on abutting and separate lots and separated from each other by a continuous vertical party wall, without openings from the lowest floor level to the highest point of the roof which lies along the dividing lot line, and such dwelling is separated from any other structure by yards or other green areas on all sides.

Dwelling, multiple-family. "Multiple-family dwelling" means a building containing three or more dwelling units (for example, townhouses and apartments).

Dwelling, one-family. "One-family dwelling" means a building containing not more than one dwelling unit.

Dwelling, two-family. "Two-family dwelling" means a building containing not more than two dwelling units, arranged one above the other or side by side, not, however, to include duplexes.

"Dwelling unit" means a building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.

"Easement" means a grant or reservation, either express or by implication, by a property owner for the use of such property by others for a specific purpose or purposes.

Educational institution, private. "Private educational institution" means 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, but such term does not include any educational institution of the county board of education. No private educational institution shall be deemed a home occupation.

"Eleemosynary or philanthropic institution" means a private, nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which insures to the benefit of any member of such organization or individual.

"Enclosed structure" means any structure with a roof overhead and attached to the principal structure.

"Family" means an individual or two or more persons related by blood or marriage, or legal adoption and/or a group of people including not more than two persons not related by blood or marriage. In all cases, foster children placed by an agency licensed to operate in Maryland and housed on the premises are considered as members of the family.

"Family day care home" means a residence in which care is given in lieu of parental care to children for less than twenty-four (24) hours a day for which compensation is paid. Such family day care homes shall be registered by the Maryland State Department of Education, Office of Child Care and be subject to any regulations administered by that department.

"Farm" means a tract of land not less than twenty-five (25) acres in size used for agriculture as defined hereinabove.

Floor area of building, total. "Total floor area of building" means the total number of square feet of floor area in a building, excluding cellars, uncovered steps and uncovered porches; but including the total floor area of accessory buildings on the same lot. All horizontal measurements shall be made between interior faces of walls.

"Frontage" means the length of the front property line of the lots, or tract of land abutting a public street, road or highway, or rural right-of-way.

"Home occupation" means an occupation conducted entirely within a dwelling and/or accessory structure by a member or members of a family residing therein. Bed and breakfast homes and private educational institutions shall not be deemed home occupations.

"Home owners association" means an incorporated, nonprofit organization operating under recorded land agreements through which: (1) each lot and/or home owner in a planned unit or other described land area is automatically a member; and (2) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and (3) the charge, if unpaid, becomes a lien against the property.

"Hotel" means any building containing ten (10) or more guest rooms, where, for compensation, lodging, meals or both are provided for ten (10) or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home, motel or apartment hotel as defined in this chapter.

"Impervious surface" means a man-made surface that prevents the infiltration of stormwater into the ground below the surface. Examples of an "impervious surface" are asphalt, concrete or gravel.

"Industrial park" means a tract of land for industrial use developed according to a plan for occupancy by a group of industries and equipped with streets and necessary utilities.

"Infrastructure" means the built facilities that are required in order to serve a community's developmental and operational needs. The infrastructure includes such things as roads and water and sewer systems.

"Inoperable vehicle" means a vehicle which cannot be driven upon the public streets for reasons including but not limited to being wrecked, abandoned, in a state of disrepair, dismantled or incapable of being moved under its own power. An inoperable vehicle would also include any major parts of the vehicle such as the engine, body, chassis, or frame.

"Junk yard" means any land used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metal, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of two or more unlicensed or inoperative automobiles or other vehicles, machinery, or parts thereof.

"Kennel" means any place or premises, other than a pet shop or veterinary clinic, used in whole or in part for the housing, boarding or care of eight or more dogs or cats at any one time and in any combination. No kennel may house, board or care for more than fifteen (15) dogs or cats, in any combination, at any one time.

"Land use" means the types of buildings and activities existing in an area or on a specific site. Land use is to be distinguished from zoning, the latter being the regulation of existing and future land uses.

"Large retail/commercial establishment" means a retail establishment (store) with any commercial retail uses or a combination of such commercial retail uses comprised of greater than twenty-five thousand (25,000) square feet and less than sixty thousand (60,000) square feet of total floor area.

"Long-term rental" (LTR) means the rental of a room or dwelling for residential use for a period of thirty-one (31) days or more.

"Lot" means a tract of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as required, and having frontage on a public right-of-way unless where excepted elsewhere in this title, provided, however, a lot in a shopping center shall be controlled by the provisions of Section 17.20.070 of this code.

Lot area, net. "Net lot area" means the total horizontal area included within the rear, side and front lot or proposed street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and other accessory uses.

Lot, corner. "Corner lot" means a lot abutting on two or more streets at their intersection which does not exceed one hundred thirty-five (135) degrees.

"Lot depth" means the average distance between the front lot line and the rear lot line.

Lot frontage, minimum, at front lot line. "Minimum lot frontage at front lot line" means the least permissible width of a lot measured horizontally along the front lot line.

Lot line, front. "Front lot line" means the street line running along the front of the lot separating it from the street. In a through lot, both lines abutting the street shall be deemed to be "front lot lines." A corner lot shall be deemed normally to have two front lot lines.

Lot line, rear. "Rear lot line" means the lot or lines generally opposite or parallel to the front lot line, except in a through lot. If the rear lot line is less than ten (10) feet long or the lot comes to a point at the rear, such lot line is assumed to be a line not less than ten (10) feet long, lying wholly within the lot, parallel to the front lot line, or in the case of a curved front lot line, parallel to the chord of the arc of such front lot line.

Lot line, side. "Side lot line" means any lot line other than a front lot line or a rear lot line.

Lot, through. "Through lot" means an interior lot, fronting on two parallel or approximately parallel streets.

"Medical or dental clinic" means any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an out-patient basis.

"Medical care facility" means any institution which receives inpatients and out-patients and provides medical, psychological, surgical, or similar services.

"Microbrewery" means a facility which is used for the production of no more than one thousand (1,000) barrels of beer annually and where such beverages are brewed either for consumption at an on-site tasting room or to be sold for off-site consumption or for wholesale distribution and which facility is properly licensed by the State of Maryland for such use and activity.

"Mobile home" means any vehicle or similar portable structure having no foundation other than wheels, jacks, or skirting and so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

"Mobile home park" or "mobile home subdivision" means any site, lot, or tract of ground maintained or intended for the purpose of supplying a location or accommodation for two or more mobile homes for living purposes and including all buildings, structures, vehicles, accessories and appurtenances used or intended as equipment in such a park.

"Motel" means any group of dwelling units combined or separate, used for the purpose of housing transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facilities.

"Museum" means a commercial establishment for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest. A museum or gallery may include the sale of the objects, memorabilia, crafts or artwork.

"Nonconforming" means a use of a building or of land lawfully existing at the time this and/or previous ordinances or amendments thereto became effective and which does not conform with the use regulations of the zone in which it is located.

"Nuisance rental property" means a property that is unsafe, hazardous or in unsanitary condition that includes documented violations from both paragraph a and b:

A.

Interferes with the use and enjoyment of adjacent land (verified by documented zoning violations, code violations, and/or complaints).

B.

Poses a significant danger to or adversely affects the health, safety, or welfare of the surrounding community (verified by arrests, police calls for service, and/or violations of criminal law).

C.

A property cannot be deemed a nuisance rental property solely based on police calls for domestic violence or a person's race, religion, ethnicity, gender, disability, or sexual orientation.

"Nursing home" includes rest homes, convalescent homes and homes for the aged and means a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries, not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing, convalescent, or chronic care.

"Open space" means parks, streams and ponds, homeowners' association common areas and areas of land not covered by structures, driveways, or parking lots.

"Overlay zoning district" means a district that is superimposed on portions of one or more underlying general use-based zoning districts that allow application of additional standards addressing a special purpose.

"Personal property" means possessions other than real estate or buildings. Personal property is movable and includes tangible items, including but not limited to (appliances, vehicles, furniture, jewelry, etc.) whose ownership belongs to the individual, organization or business.

"Planned unit development" or "PUD" means a planned, larger-scale development, greater than twenty (20) acres, which may contain a variety of residential and nonresidential building types, land uses and common open space.

"Plat" means the map of a subdivision showing the number and dimensions of lots, public and private rights-of-way, and easements. The final plat must be filed and recorded with the county clerk in the county plat book.

"Private club" means an incorporated or unincorporated association for civic, social, cultural, religious, literary, fraternal, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

"Professional office" means rooms and/or buildings used for office purposes by a member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics.

"Public safety services" means fire, police, or emergency medical services (EMS) provided to the community and authorized pursuant to the appropriate governing body and shall include building and facilities reasonably necessary to store and maintain equipment and house personnel.

"Public utility" means any use or structure which provides to the general public such services as water, sewerage, sewage treatment, electricity, piped gas or telecommunications.

"Recreational equipment" means any mobile apparatus specifically designed for recreational activities and including utility trailers, travel trailers, pickup campers, motorized dwellings, tent trailers, boat trailers, houseboats or storage containers used for transporting, recreational equipment.

"Restricted vehicles" means:

A.

A motor vehicle with permanent outside dimensions greater than eight feet wide or eight feet tall, or twenty-two (22) feet long; or

B.

A motor vehicle with externally mounted work equipment that causes the outside dimensions to be greater than eight feet wide, or eight feet tall, or twenty-two (22) feet long; or

C.

A trailer or semitrailer; or

D.

Recreational equipment with permanent outside dimensions greater than eight feet wide, or eight feet tall, or twenty-two (22) feet long are deemed to be restricted vehicles.

"Right-of-way" means an easement for the purpose of crossing the property of another.

"Road" means and includes street, highway, avenue, lane, marginal access street, service drive, alley, bridge, viaduct or any segment thereof.

"Screening" means the use of fencing, walls, vegetation or berms to shield or obscure an object or use from view from adjoining and nearby properties.

"Self-storage facilities" means any site, lot, or tract of ground used for self-storage units, a business office where facility-related sales are allowed, and the designated, orderly array of parking spaces for storage of registered, insured, operable vehicles including restricted vehicles and recreational equipment; and where no vehicle repair is permitted at the facility.

"Self-storage units" means a building or group of buildings consisting of individual, self-contained units leased or rented to individuals, organizations, or businesses for self-service storage of personal property and where no commercial transactions are permitted other than the leasing and rental of the storage unit.

"Setback" means the distance between a building or structure (not including ground-level parking lots or other paved surfaces) and property lines or from other buildings.

"Shed" means a structure of no more than one story with a maximum height of fifteen (15) feet that is not intended for the storage of cars or trucks.

"Shopping center" means one or more retail and/or commercial establishments on a lot greater than one acre, planned, developed, owned and managed as a unit with off-street parking provided on the property and related in size, type and number of shops to the trade area that the unit serves.

"Short-term rental" (STR) means the rental of a room or dwelling for residential use that is available for rent for thirty (30) days or less. STR's are only allowed in the town commercial district. Any verified STR's in other districts that existed on the date Ordinance No. 24-12-01 became effective are grandfathered until either the property is sold or the property changes use from a STR to a long-term rental or becomes owner occupied.

"Sign" means any device, display, or structure, or any part thereof, illuminated or otherwise, which is visible from a public place and which displays or includes any numeral, letter, word, model, banner, emblem, symbol, logo, insignia, device, trademark, or projected image as regulated by the standards in Chapter 17.36 Signs.

Sign, billboard. See "Billboard."

"Site development plan" or "site plan" means the plan showing the location of existing and proposed buildings, structures, paved areas, storm water management, walkways, vegetative cover, landscaping, screening and other matters which may be required with regard to a site proposed for development.

"Solar collection system" means a panel or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating.

"Solar collection system, building-mounted" means a solar collection system which is connected to or mounted upon a principal or accessory building.

"Solar collection system, freestanding" means a solar collection system which is not connected to or mounted upon a principal or accessory building.

"Special exception" means a grant of a specific use that would not be appropriate generally or without restriction and be based upon a finding that certain conditions governing specific exceptions as detailed in the zoning ordinance exist, that the use conforms to the town comprehensive plan and is compatible with the existing neighborhood.

"Storage" means the action or method of keeping something for future use.

"Storage container" means a prefabricated "sea container" or "C container" or similar object which is or resembles a modified trailer, tractor-trailer, railroad car or intermodal shipping container and which is manufactured or used primarily for storage or shipping purposes.

"Story" means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above as illustrated in the below drawing.

"Street" means a public or dedicated way, or a public proposed right-of-way, widening, or extension of an existing street or public way shown on any plan approved by the planning commission.

"Structural alteration" means any change in the structural members of a building, such as walls, columns, posts, beams or girders.

"Structure" means an assembly of materials forming a construction for occupancy or use including, among others, buildings, stadiums, circus tents, reviewing stands, platforms, stagings, observation towers, radio and T.V. broadcasting towers, water tanks, trestles, open sheds, shelters, fences, walls, signs, swimming pools, power line towers, pipelines, railroad tracks and poles.

"Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of resubdividing or to the land or territory subdivided.

"Swimming pool" means any structure, basin, chamber or tank, either above or below ground, containing in depth more than eighteen (18) inches of water, used or intended to be used for the primary purpose of swimming, diving, wading, or recreational bathing. This includes all swimming pools under construction that meet the above definition.

Theater, indoor. "Indoor theater" means a building designed and/or used primarily for the commercial exhibition of motion pictures or stage presentation to the general public.

"Townhouse" means one of a group of three or more attached dwelling units divided from each other by party walls and each having separate front and rear or front and side entrances from the outside.

"Tract" or "parcel" means a lot or parcel of land under single ownership or control.

"Trailer" means a vehicle that has no motive power, and is designed to carry people or property and to be towed by a motor vehicle.

"Use" means the principal purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained.

"Variance" means a modification only of density, bulk or area requirements in the zoning ordinance where such modifications will not be contrary to the public interest and where, owing to conditions peculiar to the property, and the results of any action taken by the applicant, a literal enforcement of the ordinance would result in unnecessary hardships.

"Video lottery facility" means a facility at which video lottery terminal players play video lottery terminals.

"Video lottery terminal" means any machine or other device that, on insertion of a bill, coin, token, ticket, coupon or similar item, or on payment of any consideration:

1.

Is available to play or simulate the play of any game of chance in which the results, including the options available to the video lottery terminal player, are randomly and immediately determined by the machine or other device; and

2.

By the element of chance, may deliver or entitle the video lottery terminal player who operates the machine or device to receive cash, premiums, merchandise, tokens, or anything of value, whether the payout is made automatically from the device or in any other manner.

"Video lottery terminal" means and includes a machine or device:

1.

That does not directly dispense money, tokens, or anything of value to winning video lottery terminal players; and

2.

Described in this definition that uses an electronic credit system making the deposit of bills, coins, or tokens unnecessary.

"Video lottery terminal" does not include a machine or device that is available to play the Maryland State lottery conducted under Sections 9-101 et seq., of the State Government Article of the Annotated Code of Maryland.

"Video lottery terminal player" means an individual who plays a video lottery terminal in a video lottery facility.

"Yard" means open space on the same lot with a building or group of buildings, lying between the building or outer building of a group and the nearest lot or street line, and unoccupied and unobstructed from the ground upward, except as provided in this title.

"Yard sales" means sales of items limited to those items normally found at residential premises and shall not include heavy commercial, industrial or agricultural equipment.

Yard, front. "Front yard" means the open space extending across the full width of lot between the front line or the proposed front street line and nearest line of the building or any enclosed portion thereof. (Corner lots, this is front yard #1). The depth of such yard shall be the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof. Corner lots, by definition, have two front yards: front yard #1 as defined above and front yard #2 means the open space that exists between the side street line, or the proposed side street line, if such line falls within the lot, and the nearest line of the foundation of the building, porch or projection thereof, extending from the front yard to the rear yard. See diagram #1 (standard lot) and diagram #2 (corner lot).

Yard, rear. "Rear yard" means open space extending across the full width of lot between the rear line of the lot and the nearest line of the building, porch or projection thereof. The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest point of the building.

Second story overhang, roof overhang, unenclosed porches, or similar architectural features are excluded from the measurement if they do not project more than six feet into the rear yard.

Yard, side. "Side yard" means the open space between the side lot line, and the nearest line of the foundation of the building, porch or projection thereof, extending from the front yard to the rear yard. See diagram #1 (standard lot) and diagram #2 (corner lot).

"Zone" means an area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and other open space are required; lot areas, building height limits, and other requirements are established; all of the foregoing being identical for the zone in which they apply.

"Zoning administrator" means an officer of the town, appointed by the burgess with advice and consent of the commissioners, who administers the zoning regulations and acts as secretary to the board of appeals.

"Zoning certificate" means an official document issued by the zoning administrator, authorizing buildings, structures or uses consistent with the terms of this title and for the purposes of carrying out and enforcing its provisions.

"Zoning map" means the zoning map of the Town of Middletown together with all amendments thereto subsequently adopted.

(Ord. No. 24-12-01, § I, 1-13-2025; Ord. No. 23-03-03, § I, 4-10-2023; Ord. No. 23-03-02, § I, 4-10-2023; Ord. No. 23-03-01, § II, 4-10-2023; Ord. No. 20-08-01, § I, 9-14-2020; Ord. No. 19-07-02, § I, 8-26-2019; Ord. No. 18-10-01, § I, 12-10-2018; Ord. No. 15-06-02, § I, 6-8-2015; Ord. No. 15-02-01, § I, 2-9-2015; Ord. No. 14-08-03, § I, 10-13-2014; Ord. No. 12-01-01, § I, 1-9-2012, eff. 1-29-2012; Ord. No. 11-03-01, § I, 7-11-2011, eff. 7-31-2011; Ord. No. 10-10-03, § II, 10-25-2010; Ord. No. 10-10-02, § I, 10-25-2010; Ord. No. 10-04-01, § I, 3-22-2010; Ord. No. 09-03-03, § I, 3-9-09; Ord. 08-09-02 § 1, 2008; Ord. 08-01-01 § 1, 2008; Ord. 07-10-02 § 1, 2007; Ord. 07-01-01 § 1, 2007; Ord. 05-09-01 § 1 (part), 2005; Ord. 05-06-01 § 1, 2005; Ord. 04-10-01 § 1, 2004; amended after public hearing, 2-14-2000; Ord. 182 § 12.0, 1976)