In the interpretation and construction of this chapter, certain words and phrases shall be understood to have particular or limited meanings as herein defined, except where the context otherwise requires:
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building or land use, but specifically excluding towers as an accessory use or structure.
ADULT DAY-CARE CENTERA place where an individual or organization provides daytime supervision for adults.
AGRICULTUREThe use of land for agricultural purposes, including farming, horticulture and floriculture only.
ALLEYA public or private way affording secondary means of access to abutting property.
ASSISTED LIVING FACILITYA facility where adults reside under the supervision of other adults who assist the residents with everyday necessities.
BASEMENTA story where the floor is more than 12 inches but not more than 1/2 of its story height below the average level of the adjoining ground (as distinguished from a cellar, which is a story more than 1/2 below such level).
BED-AND-BREAKFASTA part of a dwelling where overnight lodging or sleeping accommodations are provided, along with the breakfast meal only, to transient guests.
BILLBOARD and SIGN(1) BILLBOARDAny structure or portion thereof situated on private premises on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of such premises or the nature of the business conducted thereon or the principal products sold or manufactured thereon.
(2) REAL ESTATE SIGNA billboard or signboard advertising for sale or rent the premises on which located.
BOARDThe Board of Appeals (the Board) established hereunder.
BUILDINGAny structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons or chattels. When such a structure in single ownership is divided by one or more unpierced walls extending from the ground up, it shall be considered one "building" for the purpose of applying the provisions of this chapter.
BUILDING, HEIGHT OFThe vertical distance from the average finished grade at the building line to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
CELLARA story having more than 1/2 of its height below average finished grade. A "cellar" is counted as a story for the purpose of height regulations only if used as a separate dwelling.
COMMUNITY RESIDENTIAL FACILITY (GROUP HOME)Any dwelling licensed, certified or authorized by state, federal or local authorities as a residence for children or adults with physical, developmental or mental disabilities, dependent children or elderly individuals in need of supervision, support and/or independent living training. Does not include: Secure Community Transition Facility, Halfway House or Community Treatment Facility.
COMMUNITY TREATMENT FACILITY (REHABILITATION HOUSE)Any dwelling or building licensed, certified or authorized by State, Federal or local authorities as a residence and treatment facility for children or adults with mental disabilities, alcoholism or drug abuse problems, needing a supervised living arrangement and rehabilitation services on a short-term or long-term basis. Does not include halfway houses, or secure community transition facilities.
COMPREHENSIVE DEVELOPMENT PLANA comprehensive set of plans, specifications and measures for the private and/or public development of an industrial park, cluster development, apartment project, shopping center or other planned development permitted in this chapter. The development plan shall include:
(1) A site plan showing the location of all streets, pedestrianways, rail lines, utility systems, landscaped areas, parcel lines, building areas, entrances and exits to be provided.
(2) Any restrictions to be included in the sale or lease of land for parking, building location, property maintenance, sign control and any other protective measures.
(3) A schedule for the development of streets, grading, utility installation, rail facilities, docking facilities or other improvements to be provided for the project area and occupants thereof.
(4) A statement of intent to proceed and of the financial capability of the developer and sponsor.
CONDITIONAL USEA use which may be permitted in a district through the granting by the Board of Appeals of a special exception as defined in § 1.00, Definitions, of Article 66B of the Annotated Code of Maryland, as amended, upon a finding by the Board that it meets specified conditions.
[Amended 6-2-1997 by Ord. No. 349]
CONDOMINIUMProperty subject to the condominium regime established under the Maryland Condominium Act, Title 11 of the Real Property Article of the Annotated Code of Maryland.
COURTAn open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
DAY-CARE CENTERA single-family dwelling unit or other separate building in which daytime adult supervision is provided for more than eight children, not members of the caregiver's family, under the age of 16 and in which the caregiver may or may not reside.
DISTRICTA portion of the municipality within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term "R District" shall mean any R-1, R-2 or R-3 District; the term "B District" shall mean any B-1 or B-2 District; and the term "M District" shall mean the M-1 District.
DRY NIGHTCLUBAn establishment in which the primary use is as a gathering place for people regardless of age limitations for purposes of entertainment, dancing, social discourse and other social activities in the nature of those generally associated with social clubs, nightclubs, dance halls and after hours clubs as American Culture has defined by historical experience but not including theaters, schools, bona fide service clubs, or churches and establishments holding alcoholic beverage what constitutes a Dry Nightclub.
DWELLINGAny building or portion thereof occupied or intended to be occupied exclusively for residence purposes, but not including a tent, cabin, trailer or mobile house or a room in a hotel or motel.
DWELLING, MULTIFAMILYA detached building designed for or used exclusively for residence purposes by more than two families or housekeeping units. The term includes apartments, flats, row apartments and condominiums, among others.
DWELLING, SINGLE-FAMILYA detached building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILYA detached building designed for or used exclusively for residence purposes by not more than two families or housekeeping units.
ESSENTIAL SERVICESFacilities owned or maintained by public utility companies or public agencies, located in public ways or in easements provided for the purpose or on a customer's premises and not requiring a private right-of-way, and reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication or similar services to adjacent customers, but not including any building or any yard, station or facility requiring a site in excess of 400 square feet and not including any cross-country pipeline or transmission line on towers or the tower itself, or any line requiring a private right-of-way.
FAMILYA person living alone or two or more persons living together as a single housekeeping unit, but not including a group of persons occupying a boardinghouse, lodging house, hotel, dormitory, institution, group home, halfway house, rehabilitation house or similar use.
FAMILY DAY-CARE PROVIDER HOMEA single-family dwelling unit in which daytime adult supervision is provided for up to eight children, including children of the occupant, under six years old and other children who are not members of the caregiver's family under the age of 16 and in which the caregiver regularly resides.
FARMA parcel of land not less than five acres in size used for agricultural purposes as defined in "agriculture" (see above).
GARAGE, PRIVATEA garage intended for and used for the storage of the private motor vehicles of the families resident upon the premises.
GARAGE, PUBLICA space or structure, other than a private garage, for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.
GOVERNMENT BUILDINGSBuildings owned or leased by a City, County or State government organization or agency.
KENNEL, COMMERCIALA commercial operation that (a) provides food and shelter and care of domestic animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian), or (b) engages in the breeding of domestic animals for sale, or (c) any place where more than two adult domestic animals (over six months) are kept for a boarding or other fee, or (d) any place where more than four adult domestic animals are kept for any purpose.
LAND USE PLANThe long-range plan for desirable use of land, as officially adopted and as amended from time to time by the Planning and Zoning Commission, the purpose of such plan being, among other purposes, to serve as a guide in zoning and progressive changes in the zoning of land to meet changing community needs, in the subdividing and use of undeveloped land and in the acquisition of rights-of-way or sites for such public facilities as streets, parks, schools and public buildings.
LOTAny plot or parcel of land occupied or intended to be occupied by a principal building or use, or a group of buildings, conforming to the regulations of this chapter and its accessory buildings and uses, including all open spaces required by this chapter, and having frontage on a street as defined herein. In the case of a farm or estate five or more acres in size, the "lot" shall be deemed to be that part of the property on which the principal building and its accessory buildings and uses are located, together with the yards and other open spaces required by this chapter, and such "lot" need not front directly on a public road if connected therewith by a private lane or road which serves no other lot.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT LINE, FRONTThe line separating the lot from the street upon which it fronts.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTHThe width of the lot measured at right angles to its center line at the front setback line.
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street and in either case forming an interior angle of less than 135°.
LOT, THROUGHA lot having frontages on two nonintersecting streets, as distinguished from a corner lot.
MOTELAny establishment consisting of two or more guest rooms or suites, with separate outside entrances and adjacent parking spaces, designed and maintained for the accommodation of transients; or any establishment for the accommodation of transients which proclaims itself a "motel."
NONCONFORMING USEAn existing building, structure or premises legally devoted to or occupied by or for a use that does not conform to the provisions of this chapter or amendments thereto for the district in which located.
NURSERY SCHOOLA place where an educational organization provides formal instruction, maintains a regular faculty and curriculum and has a regularly enrolled body of students less than six years of age.
PARKING LOT, COMMERCIALA surfaced area of one or more parking spaces designed or used for the parking of vehicles and available to the public, whether for a fee or as an accommodation to clients or customers.
PARKING SPACEA surfaced area either within a structure or in the open, exclusive of driveways or access drives, for the parking of one vehicle.
PUBLIC BUILDINGA building which is held, used or controlled for public purposes by a department of the Federal government or a state government or subdivision thereof.
PUBLIC PURPOSEFor the use and benefit of the general public or to fulfill a government responsibility.
ROLL-OFF TRASH CONTAINERA large metal container designed and used for the temporary storage of refuse, rubbish, trash, garbage, junk, debris, offal, or any material rejected as useless and fit only to be thrown away. Such container is typically rented or leased to owners or occupants of property for their temporary use and which is typically delivered and removed by truck. This term shall not be interpreted to refer to a "trash container" or "dumpster" that is stored in a more permanent manner on the property in compliance with the provisions of this chapter. This term shall not be interpreted to include recycling facilities.
SECURE COMMUNITY TRANSITION FACILITY (HALFWAY HOUSE)A facility for the housing, rehabilitation, and training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses. A residential facility for persons civilly committed and conditionally released to a less restrictive alternative. A Secure Transition Facility or Halfway House has supervision and security, and either provides or ensures the provision of sex offender treatment services. The residents of a Secure Community Transition Facility shall not include any person who, during the term of residence at such facility, commits a violent act or causes substantial physical damage to the property of others, and any such person must be removed from such facility.
SEMI-PUBLIC BUILDINGA building of which some part is used for public purposes by the general public as a matter of right and not as an invitee of the owner or tenant of the building, or is used to fulfill a government purpose or responsibility.
SETBACK LINEThe minimum building line along the front of a lot or along the side of a corner lot adjoining the side street, as determined by the yard requirements of this chapter or of any superior regulation.
SEWAGE DISPOSAL PLANTA plant or lagoon for the treatment of sewage which serves the municipality or any group of properties, as distinguished from a private septic tank or package treatment plant which is accessory to and located on the same premises with a principal use.
SHOPPING CENTERA group of commercial establishments built on a site that is planned and developed as an operating unit related in location, size and type of shops to the trade area that the unit serves. It provides common on-site parking in definite relationship to the type and total size of the use the parking is intended to serve.
(1) NEIGHBORHOODA shopping center not exceeding 30,000 square feet in gross floor area.
SMALL WIND ENERGY SYSTEMA single-towered wind energy system that: is used to generate electricity; has a rated nameplate capacity of 50 kilowatts or less; and has a total height of 150 feet or less.
SOLAR ENERGY EQUIPMENTItems including panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations used for or intended to be used for collection of solar energy in connection with a building on residential or commercial property. Solar energy equipment and its use is accessory to the principal use of the property.
STORYThat portion of a building, other than a cellar as defined herein, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
(1) STORY, GROUNDThe lowest story or ground story or first story of any building, the floor of which is not more than 3 1/2 feet below the average contact ground level at the exterior walls of the building, except that any basement used as a separate dwelling by other than a janitor or caretaker or his or her family shall be deemed a ground or first story.
(2) STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used as a separate dwelling, other than for a janitor or caretaker and his or her family, shall be deemed a full story.
STREETA public right-of-way 50 feet or more in width which provides a means of public access to abutting property or any such public or private right-of-way not less than 30 feet in width which existed prior to the enactment of this chapter. The term "street" shall include "road," "avenue," "drive," "lane," "circle," "square," "court," "highway," "beach," "way" or any similar term.
STREET, MAJORA street or highway designated as a major street or expressway on the Official Major Street Plan of Pocomoke City.
STRUCTURAL ALTERATIONAny change in the structural members of a building, such as bearing walls, columns, beams or girders.
STRUCTUREAnything constructed, the use of which requires a fixed location on the ground or which is attached to something having such location, but not including fences, sidewalks, driveways, curbs or essential services defined in "essential services" (see above), and towers as defined below.
SWIMMING POOLAn artificially created pool of water or tank used for swimming or recreational purposes utilizing water, filtering equipment, etc.
TOWERA monopole, lattice or guy structure that is relatively high for its length and width, either a separate structure or part of another structure, its purpose being to provide a base or supporting structure for some other use or purpose, but excluding public utility poles of the normal type and height. Tower does not include any antenna mounted or affixed to a building or structure not over 40 feet in height and not projecting more than 10 feet above such structure used for reception or transmission of electromagnetic communications signals for non-commercial purposes.
TOWNHOUSEA single-family dwelling forming one of a series of attached single-family dwellings separated from one another by a party wall, without doors, windows or other provisions for human passage or visibility and sound transmission through such party wall, extending from the cellar floor and/or foundation to the highest point on the roof along the dividing lot line and separated from any other building or structure by space on all other sides and which may be offered for sale or rental.
TRAILERAny vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation or use as a selling or advertising device and so designed that it is or may be mounted on wheels and transported over highways and streets, propelled or drawn by its own or other motive power.
USE FIRST PERMITTEDA use which in the sequence of successively listed zoning districts occurs as a permitted use for the first time in a specified zoning district.
YARD, FRONTAn open space extending the full width of the lot between any part of a building not hereinafter excepted and the front lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article
XIV.
(1) FRONT YARD, LEAST DEPTHThe shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in §
230-99, and the front lot line.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article
XIV.
(1) REAR YARD, LEAST DEPTHThe shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in §
230-99, and the rear lot line.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as hereinafter specified in Article
XIV.
(1) SIDE YARD, LEAST WIDTHThe shortest distance, measured horizontally, between any part of a building, other than such parts as excepted in §
230-99, and the nearest side lot line.
ZONING CERTIFICATEWritten statement issued by the Zoning Inspector authorizing the use of buildings, structures or premises consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
ZONING INSPECTORThe Zoning Inspector (City Manager) or his or her authorized representative, appointed in accordance with the provisions of Article
XV.
ZONING MAPThe Zoning Map of Pocomoke City, Maryland, dated December 15, 1986, together with all amendments thereto subsequently adopted.