A separate living unit created from existing internal space within a single-family residence and containing both a separate kitchen and a separate bath.

A use or separate structure customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure. Truck bodies, trailers, and containers shall not be permitted as accessory structures.

The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry; provided that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals for use in medical or other tests or experiments.

Any repeal, modification, or addition of 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.

Any facility for the use or operation of four or more coin-operated amusement devices and game machines.

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.

An accessory building or portion of a main building designed, arranged, or used for the housing of private motor vehicles.

Building, lot, or both, in or upon which the business of general motor vehicle repair and service is conducted, but excluding junk and/or auto wrecking business.

A temporary sign intended to be hung with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic or fabric of any kind.

That portion of a building below the first floor joists.

(See ”sign”) 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.

The Mount Airy Board of Appeals.

A dwelling in which, for compensation, lodging or meals, or both, are furnished to not more than nine guests. A boardinghouse shall not be deemed a home occupation.

The area on a lot that is defined by the front, rear and side yard setback lines, and within which principal structures may be erected or placed.

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.

The vertical distance measured from the level of the average grade around the building to the highest point of roof surface of a flat roof; to the deck line of a mansard floor; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof.

An establishment operated as an accessory use only offering for sale an assortment of hot meals in a buffet or self-service style where the food is paid for after selection by the customer and intended mainly to be consumed in the restaurant.

The plant cannabis sativa L, and any part of the plant, including all derivatives, extracts, cannabinoids, cannabidiol (CBD), isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol (THC) concentration greater than 0.3% on a dry weight basis and this shall include cannabis products and edible cannabis products as defined by §§ 1-101 and 36-101 of the Alcoholic Beverages Article of the Maryland Code, as amended from time to time.

Any shop, pharmacy, dispensary or other business or establishment that sells, dispenses, otherwise distributes, stores, grows, extracts or otherwise processes products containing cannabis for medical or recreational uses.

A day nursery, child boarding home, day camp, summer camp, foster home, or other place for the reception, board or care for compensation of a child or children under 16 years of age.

An association or organization, whether incorporated or unincorporated, operated for civic, social, cultural, religious, literary, fraternal, political, or recreational activities and operated on a nonprofit or not-for-profit basis.

A facility in which unprocessed, green coffee may be sorted, roasted and processed or packaged for use and consumption.

The Mount Airy Planning Commission.

A retail establishment that provides prepackaged and prepared food products and frequently or recurrently needed small personal items that fulfill the day-to-day needs of residents or users of the immediate service area.

The Town Council of Mount Airy.

An establishment offering for sale mainly a made-to-order sandwich and salad menu served in a prepaid, over-the-counter style generally for consumption off the premises but may have a limited number of freestanding tables and chairs.

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 district in which they apply.

A building containing one dwelling unit which is entirely separated from any other building or structure by space on all sides.

One dwelling unit within a building or group of buildings containing three or more dwelling units.

One dwelling unit within a building that contains two dwelling units which adjoin each other along a common lot line and which are separated by a party wall without openings.

A building or portion thereof providing complete independent living facilities for a single family including permanent provisions for living, sleeping, cooking, eating and sanitation.

Every private or commercial school or institution which offers a program of instruction, or any program of trade, technical, or artistic instruction. This does not include any educational institution of the Carroll or Frederick County Board of Education. No private educational institution shall be deemed a home occupation.

Land comprised of wetlands and wetland buffers, streams and stream buffers, one-hundred-year floodplain, and steep slopes as those terms are further defined in Chapter 98, Subdivision of Land and Site Plan Approval.

The erection, construction, alteration or maintenance, by public utilities or by municipal or other parties, of underground or overhead electrical, gas, communication, steam, water, or sewer transmission, distribution, collection, supply or disposal lines, and other similar accessories and equipment used in connection with and reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for protection of public health, safety or general welfare. This does not include buildings, yards or stations used for storage, repair or processing of equipment or material and not for transforming, boosting, switching or pumping purposes when such facilities are constructed on the ground.

An individual, or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.

A separate living unit within a single-family residence and containing both a separate kitchen and a separate bath which is occupied by one or more persons having a parent-child, child-parent or in-law relationship with at least one of the record owners of the property.

That floodplain being defined by soil types within the County Soil Survey Report published by the U.S. Soil Conservation Service, such being principally a natural water retention area of generally wet land.

That floodplain being defined as the one-hundred-year floodplain, such being that area which at some point in time during a one-hundred-year period has or could be inundated by water due to flood conditions.

The total number of square feet of floor area in a building, excluding 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 exterior walls.

The ratio of the total floor area of the buildings on a lot to the net area of the lot.

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

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.

The total acreage of a property to be developed after subtracting the portion of beds of adjoining streets which lie within the developer's title.

The Cannabis sativa L. plant, and any part thereof, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, containing a delta-9-tetrahydrocannabinol (THC) concentration of no more than 0.3% on a dry weight basis.

Any shop, pharmacy, dispensary or other business or establishment that sells, dispenses, otherwise distributes, stores, grows, extracts or otherwise processes products containing hemp for medical or recreational uses.

An incorporated, nonprofit organization operating under recorded land agreements through which each lot and/or homeowner in a planned unit or other described land area is automatically a member and 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 the charge if unpaid becomes a lien against the property. When required or used, the owner(s) or developer(s) must establish a homes association in accordance with the requirements and procedures approved by the Town Planning Commission.

An occupation conducted entirely within a dwelling by a member or members of the immediate family. Boardinghouses and rooming houses, tourist homes and private educational institutions shall not be deemed home occupations.

Any institution receiving in-patients and rendering medical, surgical and/or obstetrical care. This shall include general hospitals and institutions, such as sanitariums and sanatoriums including those wherein feebleminded and mental patients, epileptics, alcoholics, senile psychotics or drug addicts are treated or cared for.

Any building containing 10 or more guest rooms, where, for compensation, lodging, meals, or both are provided for 10 or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home, motel or apartment hotel as defined herein.

A building or group of buildings cumulatively containing 10 or more guest rooms, where, for compensation, lodging is provided for 10 or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home, or motel, and is distinguished from a hotel as defined above in that it may include an apartment hotel and shall also include meeting rooms and conference facilities and may contain one or more eating establishments as a subordinate use, provided that such establishment is located within the principal structure.

A tract of land for three or more principal industrial buildings developed according to a plan for occupancy by a group of industries and equipped with streets and necessary utilities.

A private, nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business, which provides all or any of the following: religious, social, physical, recreational, and benevolent services.

Any land or building used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metal, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

Manufacturing associated with such specialty industry groupings as aerospace, computer science, telecommunications, instrumentation, biomedicine (BSL-2), as defined by the OSHA and the American Biological Safety Association Alliance, medical, energy, pharmaceutical, electronics, transportation (parts and accessories), environmental science, agriculture, economics, biology, and environmental science. All manufacturing processes must take place indoors, shall not include the discharge or emission of by-products, dust or foul or obnoxious odors into the air, water or soil and shall be compliant with the provisions of the Town Code and other applicable law concerning noise.

A parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as required.

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 areas of easements.

A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.

The street line running along the front of the lot separating it from the street. A corner lot has at least two front lot lines.

The lot line or lines generally opposite or parallel to the front lot line. If the rear lot line is less than 10 feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line not less than 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 said front lot line.

Any lot line other than a front lot line or a rear lot line.

An interior lot, fronting on two parallel or approximately parallel streets.

The least permissible width of a lot measured horizontally along the front lot line.

The production of merchandise or products, or component parts thereof, for use or sale by means of assembly, extrusion, fabrication, chemical or biological processing, formulation and/or use of raw material, labor, machinery and/or tools.

The Master Plan of Mount Airy which consists of maps, data, and other descriptive matter, as a guide for the physical development of the Town or any portion thereof, including any amendments, extensions or additions thereto adopted by the Commission and Town Council, or other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.

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.

A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the State of Maryland, Carroll or Frederick County, and/or Town of Mount Airy.

Any site, lot, or parcel 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.

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 purpose.

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.

The result of subtracting the environmental resource area and any recreation area dedicated in accordance with § 98-23 of Chapter 98, Subdivision of Land and Site Plan Review, from the gross developable acreage.

A use of a building or of land lawfully existing at the time this and/or previous ordinances or amendments thereto became effective, or existing at the time of the application of such ordinances or amendments to the building or land by reason of annexation, and which does not conform with the use regulations of the zone in which it is located.

Includes rest homes, convalescent homes and homes for the aged and shall mean a place devoted primarily to the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries, not requiring extensive care, but who do require care in excess of room and board and who need medical, nursing, convalescent, or chronic care.

Any entity licensed pursuant to § 36-401(c)(4) on the Alcoholic Beverages Article of the Maryland Code and/or that otherwise allows cannabis to be consumed (smoked, vaped or otherwise ingested) on premises.

The keeping of any inventory, goods, material or merchandise, including raw, semi-finished, and finished materials for any period of time, and as an accessory to the primary use of the establishment, typically retail. Storage related to a residential use, required vehicular areas, nurseries, and the display of automobiles or other vehicles shall not be considered as such.

The regular provision of services that entail the boarding of pet dogs or cats owned by members of the general public for a fee. Such a facility or establishment may, in addition to providing shelter, food and water, offer grooming or other services for pet dogs and/or cats.

A facility or establishment, or part thereof, providing socialization, training, or housing of pet dogs or cats owned by members of the general public for a fee in the absence of the owner and for less than 24 hours.

The provision of care of pet dogs or cats owned by members of the general public for a fee for less than 24 hours in the absence of the owner for the purposes of socialization, training, or housing.

A facility or establishment specializing in the hygienic and cosmetic care of pet dogs or cats. Services may include fur trimming and styling, shampooing, bathing, nail trimming, and other similar pet grooming services.

A structure in which is conducted the primary use of the lot on which the structure is located.

The primary activity for which a site is used. A principal use may be either a permitted use, a conditional use, or a legally existing nonconforming use.

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

Includes street, highway, avenue, land, marginal access street, service drive, alley, bridge, viaduct or any segment thereof.

The temporary and limited display and sales of seasonal products and goods outside of and immediately adjacent to the front wall or storefront of a principal building, as part of a permitted use.

The area between the street right-of-way line or lot line and setback line within which no principal structures shall be erected or placed.

The line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which no principal structure shall be erected or placed.

A group of five or more commercial establishments with a minimum gross floor area of 15,000 square feet that is 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 services.

Any structure, device, material or thing, illuminated or otherwise, which displays, or includes any representation used as an announcement, advertisement, direction, or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, or industry which is located upon any land, or any building, in or upon a window or indoors in such a manner as to attract attention from outside the building.

See ”billboard.”

A sign which directs attention to a business, commodity, service or other activity conducted upon the premises upon which the sign is located.

A sign describing the location of a community or institution of public or quasipublic nature or the opening of an event of public interest, but not including signs pertaining to real estate.

Nameplates or signs designating home occupations, accessory uses, such as doctor's office, or similar use, or advertising exclusively the sale of farm products produced on the premises.

A sign advertising for sale, lease, rental, or development of any particular premises or directing attention to the opening and location of a new subdivision, neighborhood, or community.

A grant of a specific use that would not be appropriate generally or without restriction and shall be based upon a finding that certain requirements governing special exceptions as specified in this chapter exist and that the use conforms to the Town Master Plan and is compatible with the existing neighborhood.

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, the space between such floor and the ceiling next above it. A basement shall be counted as a story. A mezzanine floor shall be counted as a story, if it covers more than 1/3 of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is 20 feet or more.

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 Commission.

Any change in the structural members of a building, such as walls, columns, posts, beams, or girders.

An assembly of materials forming a construction for occupancy or use including, among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio and TV broadcasting towers, water tanks, trestles, open sheds, coal bins, shelters, fences, walls, signs, power line towers, pipelines, railroad tracks, poles and truck bodies, containers and trailers when used for storage.

Any retail shop, pharmacy, establishment or other business that as its principal business sells or otherwise distributes tobacco, products containing tobacco (including cigarettes and cigars) or tobacco paraphernalia (including pipes).

One of a group of three or more dwelling units which abut each other along common party walls without openings, and which has its own entrance directly from the outside.

Any shop, dispensary or other business or establishment that as its principal business sells, dispenses, otherwise distributes products including those containing tobacco, tobacco products, tobacco paraphernalia, Kratom, Delta-8 tetrahydrocannabinol, including merchandise or services used for or associated with "vaping" or electronic cigarette products that deliver or consume any substance intended for human consumption that can be used by a person by inhalation of vapor or aerosol produce and provides smoke. Any such business or establishment selling, dispensing or otherwise distributing such products containing cannabis shall, for the portion of its business selling such products, be considered a cannabis business.

A modification by the Board of Appeals only of dimensional, density, bulk or area requirements of this chapter where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of the chapter would result in unnecessary hardship, or practical difficulty.

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.

A facility in which consultative and hospital services are rendered to animals on an inpatient or outpatient basis, but without a crematorium or incinerator device.

An open area on the same lot with a principal structure(s) which lies between such structures(s) and the lot line.

A person or agency designated by the Mayor and Town Council, who administers the zoning regulations and acts as secretary to the Board of Appeals.

A written statement issued by the Zoning Administrator, authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

The Zoning Map of the Town of Mount Airy, together with all amendments thereto subsequently adopted.