A subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) located on the same lot as, the main building or principal use of the land.

One which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this chapter) on the same lot as, the principal use of the premises. When "accessory" is used in the text, it shall have the same meaning as "accessory use."

A commonly referred to measurement of area which equals 43,560 square feet.

A parcel of land, regardless of area, described by metes and bounds, which is not a numbered lot on any recorded subdivision.

Any business, industry, trade, occupation, vocation, profession, or other use conducted or carried on either within a building or covered area or outdoors on any tract or parcel of land. For zoning purposes, an activity shall be considered separately from any building or structure in which such activity may be conducted.

An activity, a principal purpose or use of which is the selling, renting, transferring, loaning, disseminating, or distributing of adult entertainment or material, including, but not limited to, any book, magazine, newspaper, video, DVD, CD, or sound recording.

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

Any business, operation, or activity, a significant amount of which consists of:

See "road."

Any change in the total floor area, use or external appearance of an existing structure.

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 or part thereof or addition thereto.

Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. A device by which electromagnetic waves are sent and received (whether dish, rod, mast, pole, set of wires, plates, panels, lines, cables, or other arrangement serving a similar purpose) for telecommunication services.

Any antenna not attached to a tower and which does not extend more than 30 feet above the highest point of the structure to which it is attached.

Any structure or device deployed by or on behalf of any government-licensed or government-permitted entity to collect or radiate electromagnetic waves, including directional antennas, microwave dishes and satellite dishes, and omnidirectional antennas. "Wireless communications antenna" does not include a radio operator antenna operated by an amateur radio operator who is licensed by the federal communications system.

A part of a building containing cooking facilities and separate bathroom facilities consisting of a room or group of rooms intended, designed, and used as a residence by an individual or a single family.

See "dwelling, multifamily."

The farming or culturing of fin-fish, shellfish, other aquatic plants or animals, or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments. Activities include the hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include, but are not limited to, seed or larvae development and grow-out facilities, fish pens, shellfish rafts, racks and long lines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquaculture practices.

All the area within a development plan or plat, including, but not limited to, area intended for residential use, local access streets or alleys, off-street parking spaces, recreation areas, or floodplains.

A residential or facility-based program that provides housing and 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 the residents.

A building, other than a hotel, motel, rooming house or restaurant, containing a single dwelling unit, in which there are guest rooms offered to the traveling public for temporary occupancy. All such operations shall have a resident family living on the premises and shall be approved for such use by the County Health Department and Fire Marshal.

The Board of Zoning Appeals of the Town of Preston which is authorized to grant special exceptions and variances, to hear appeals from administrative decisions and to provide interpretations as provided in this chapter.

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the installation of trees, shrubs, berms, and/or fences, and designed to limit impacts from the development tract to adjacent properties and vice versa.

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

A line beyond which the foundation wall and/or any porch, vestibule, or other portion of a building shall not project, unless otherwise provided for in this chapter.

A minor building that is located on the same lot as a principal building and is used incidentally to a principal building or houses an accessory use.

The total number of square feet area in a building, excluding cellars, uncovered steps, and uncovered porches, but including the total floor area of accessory buildings on the same lot.

The vertical distance from the highest point of a structure, excepting chimney or antenna on a building, to the average ground level of the grade where the walls or other structural elements intersect the ground.

Any building which is not an accessory building.

The primary building on a lot or a building that houses a principal use.

An office building or a group of offices for one or more practitioners and staff persons engaged in the treatment of mental health, alcohol abuse, and drug abuse and drug-related abuse, but not including overnight patients.

Buildings and facilities owned or operated by a corporation, association, person, or persons for social, educational or recreational purpose, but not primarily for profit which accrues to any individual, and not primarily to render a service which is customarily carried on as a business.

See "road."

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

The Planning Commission of the Town of Preston.

Town Commissioners of Preston, Maryland.

Any open space, private road or other land, structure or improvement which is designed or reserved for the common use or benefit of the owners of two or more lots. "Common area" does not include any public road or other land, structure or improvement owned by the Town or the State of Maryland or any other governmental agency.

A parcel, or parcels, of land, an area of water, or a combination of land and water, including floodplain and wetland areas, within a development site designed and intended for the use and enjoyment of residents of the development and, where designated, the community at large. The area of parking facilities serving the activities in the common open space may be included in the required area computations. "Common open space" shall not include:

The legally adopted plan for the development of the Town in accordance with the provisions of Annotated Code of Maryland Article 66B.[1]

A form of ownership consisting of an undivided interest in common with other owners in a portion of a parcel of real property, together with separate interest in space in a building, such as a Town House, apartment or office, established pursuant to Maryland law. A condominium may include, in addition, a separate interest in other portions of such real property.

A non-possessory interest in land that restricts the manner in which the land may be developed in an effort to conserve natural resources for future use.

A one-story, retail establishment containing less than 3,000 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop-and-go traffic.

Buildings which are fabricated or assembled in the greater part at the site where such buildings are to be located, not including mobile homes, or recreational trailers and vehicles, or buildings which are designed to be portable.

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.

A written undertaking by an owner which is required by this chapter or imposed by the Planning Commission in accordance with authorization contained in this chapter.

A person who owns legal or equitable title to any land which is affected in any manner by a covenant and includes a person who holds any mortgage, deed of trust or other lien or encumbrance on any such land.

The percentage of the lot covered by buildings, structures and other impervious surfaces.

See "road."

A structure or residence for the care of adults/children (no overnight accommodations permitted), the number of persons permitted and the regulations as determined by the state governing agency (Department of Human Resources).

An individual, partnership or corporation which is responsible for any undertaking that requires a zoning permit, conditional use permit, sign permit, site plan, or subdivision approval.

Establishments, including bars, taverns, and pubs, primarily engaged in preparing and/or serving alcoholic beverages for on-site consumption. These establishments may also provide limited food services.

A building used or intended to be used for residential occupancy.

One room, or rooms connected together, constituting a separate, independent housekeeping establishment, and containing independent cooking and sleeping facilities.

A structure arranged or designed to be occupied by two or more families on a single parcel or on contiguous parcels under the same ownership. Multifamily dwelling units include two-family dwellings (duplex), townhouses and apartments which are defined as follows:

A detached building designed for or occupied exclusively by one family.

Fire, rescue, ambulance and police services, including related structures and activities.

Any public utility facility needed to provide basic services such as water, sewer, telephone, and cable television to the individual users.

Includes the following:

A barrier, other than natural vegetation, intended to mark a boundary or to enclose an area to provide screening or privacy.

Zoning districts that are described in a zoning ordinance but have not necessarily been included on the Zoning Map. The zone "floats" over the community until it is affixed to a particular area through an amendment to the Zoning Map. The floating zone regulations clearly define under what circumstances the zone may be established by the Town Commissioners.

A measure of the allowable size of floor area on a lot compared to the size of the lot. FAR gives the developer flexibility in deciding whether to construct a low building covering most of the lot or a tall building covering only a small part of the lot, as long as the allowable floor area coverage is not exceeded. (See "gross floor area.")

The total floor area of all finished and usable floors, or portions thereof, and measured from the exterior faces of exterior walls or the center line of walls separating two buildings.

A structure for not more than six people who have demonstrated a tendency toward alcohol abuse, drug abuse, or anti-social or lawless conduct, together with not more than two people providing supervision, treatment, or other services to such persons who all live together as a single housekeeping unit.

Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling and which is carried on wholly within a main building by a member of a family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than four square feet in area, fixed flat to a wall of the building, and no other display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the building, and in connection with which no person outside the resident family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat, or glare. For purposes of this chapter, home-based businesses are further subdivided into two types, Type 1 and Type 2:

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 as opposed to a boardinghouse, a lodging house, or an apartment house which are herein separately defined. A hotel may include restaurants, taverns, club rooms, banquet halls, ballrooms, and meeting rooms.

Any man-made surface that is resistant to the penetration of water.

A use engaged in the manufacturing, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding industrial processing.

Having an ownership interest of 10% or more, or being part of a control or management group.

A stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent USGS 7.5-minute quadrangle published by the United States and shall be identified in the field and accurately drawn on all development plans.

The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.

Manufacturing and assembly activities, research and development (including the production of a finished product), storage, warehousing, services, associated offices and similar uses of a limited intensity.

A space within the main building or on the same lot providing for the standing, loading or unloading of trucks.

See "road."

See "road."

An area of land separated from other areas of land by separate description in a recorded deed or plat.

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

The boundary line of a lot.

A parcel of land which has been legally recorded in the land records of Caroline County.

See diagrams of lots types.

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

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 135°.

The average horizontal distance between the front lot lines and the rear lot lines of a lot, measured within the lot boundaries.

A tract of land having insufficient lot width along a road or at the minimum setback line to meet the minimum lot requirements of this chapter but with sufficient area to meet all lot requirements further back on the lot. (See Diagram 1.)

A lot other than a corner lot. (See Diagram 1.)

An interior lot having frontage on two streets. (See Diagram 1.)

Any site plan which would include the extension of public water or sewer lines, placement of roads or installation of any stormwater management device.

The process of converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for different purpose.

A covered or uncovered building or structure, or a group of buildings and structures, or an unimproved parcel of land used for the propagation, growth, care or storage of legal or illegal marijuana or similar plants producing THC or cannabis.

Any structure that is less than 250 square feet.

See "road."

A dwelling unit composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. Among other possibilities, a modular home may consist of two sections transported to the site in a manner similar to a manufactured home, or a series of panels or room sections transported on a truck and erected or joined together on the site.

Same as "hotel" except 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 offices.

A series of rooms including a secondary kitchenette (not required) located under the roof of the main house or an addition attached to the main house for use of a related family member occupying the house, or a separate suite located over an accessory structure such as a garage, not a structure unto itself, to be used by a family member occupying the house. Not to be used as a rental unit to anyone outside the family.

Components and processes present in or produced by nature, including but not limited to soil types, geology, topography, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife.

Any communities of plants or animals which are considered to be among the best statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.

Plant communities that develop in the absence of human activities.

Any public utility facility needed to provide basic services such as water, sewer, telephone, and cable television to the individual users.

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." The determination of whether an area is a non-tidal wetland shall be made in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989 and as may be amended. Non-tidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.

See Article VII of this chapter.

Any organization engaging primarily in civic or community services, including Lions, Kiwanis, Rotary, Optimists and organizations of a similar nature, which is not operated for profit and has been granted 5013c status by the Internal Revenue Service.

A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital.

Space provided for vehicular parking not on a street or roadway.

A building or part thereof designed, intended or used for the purpose of a profession, the carrying on of business, the conduct of public administration, or, where not conducted on the site thereof, the administration of an industry, but shall not include a retail commercial use, industrial use, clinic, financial institution, or place of amusement or place of assembly. The definition of "office" includes the following: the use of a building for the professional practice of a doctor of medicine or dentistry, a psychologist, a lawyer, architect, landscape architect, engineer, or similar professional person or persons.

See "common open space."

The whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols contained or referred to in this chapter, and also known as the "Town of Preston Zoning Ordinance."

A district that is applied over other zoning districts and which may modify the permitted uses, intensity of uses, or other development standards that apply to the underlying zoning district.

The person, partnership, corporation, company, or other legal entity holding current legal title to a lot, tract, or parcel of land.

See "lot."

A structure or an off-street area for parking or loading and unloading, whether required or permitted by this chapter, including driveways, accessways, aisles, and maneuvering areas, but not including any public or private street right-of-way.

An all-weather surfaced area not in a street or alley, exclusive of driveways, permanently reserved for the temporary storage of one automobile and connected with a street or alley by an all-weather surfaced driveway which affords satisfactory ingress and egress for automobiles. At a minimum each parking space shall measure nine feet by 18 feet.

A state of dress which reveals:

A stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent USGS 7.5-minute quadrangle published by the United States and shall be identified in the field and accurately drawn on all development plans.

A building or premises where persons regularly assemble for religious worship and those accessory activities customarily associated therewith and where the buildings and premises are maintained and controlled by a religious body organized to sustain public worship.

A planned combination of diverse land uses, such as housing, recreation and shopping, in one contained development or subdivision.

A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or metes and bounds.

A lot, together with all buildings and structures thereon.

The primary activity or structure for which a site is used.

Any person doing business in which a license or a certificate issued by a governmental agency is required to operate.

The lines bounding a lot as defined herein. A recorded boundary of a plot.

Uses or structures for the public purpose of power transmission and distribution (but not power generation); fuel transmission and distribution (but not manufacturing or storage); water treatment and distribution; sewage collection and treatment; telephone service facilities (but not utility truck terminal facilities); radio and television facilities (not including broadcasting studios); and rail or highway rights-of way (not including stations or terminals).

A water or sewerage system owned and operated by a municipality or county or an authority or owned and operated by the governing body and permitted by the State of Maryland, and subject to special regulations.

An executed agreement between the developer and the Town setting forth the improvements which the developer will be responsible for and the conditions for the construction and acceptance of such improvements by the Town.

The changing of the zoning district classification which applies to a particular area of land.

A place designated and equipped for the conduct of sports, leisure time activities, and other customary and usual recreational activities.

A motorized or towable vehicle that combines transportation and temporary living quarters for travel, recreation and camping. RVs do not include mobile homes, off-road vehicles or snowmobiles. RVs are classified into two groups, towables and motorized:

The process of developing land that is or has been developed.

See "dwelling, multifamily."

Stores selling one kind or various kinds of goods, as distinct from services, such as, but not limited to, drugstores, grocery stores, department stores, camera shops, bookstores, and record shops.

A strip of land across privately held property designated for the use of a road, highway, driveway, alley or walkway, or for any drainage or public utility purpose or other similar uses.

All ways used to provide motor vehicle access to two or more lots or two or more distinct areas or buildings. Under the Preston street classification system all roads fall into one of the following categories:

A visual and/or sound barrier with a high degree of opacity that is designed to hide or obscure unsightly views and reduce or eliminate noise.

A use owned or operated by a nonprofit, religious or philanthropic institution and providing education, cultural, recreational, religious, or similar types of public programs.

Environmental protection areas identified in the Economic Growth, Resource Protection and Planning Act of 1992 for which special standards, designed to protect these areas from the adverse effects of development, have been included in this chapter. These areas include the following:

See "road."

The minimum required distance between the point where any structure or use on a lot meets the ground surface and any lot line or boundary of a Town or state road right-of-way.

Any three-dimensional object designed or marketed as useful primarily in the performance of a sexual act or to enhance or entice sexual stimulation or gratification. Such devices include any item which has no substantial non-sex-related utility, such as erotic undergarments and artificial sexual organs, as well as devices with other utility when they are not marketed for sexual purposes, such as chains, handcuffs, or the like, but does not include devices primarily intended for protection of health or prevention of pregnancy.

A group of commercial establishments planned, developed and owned and managed as a unit, with on-site parking and of similar architectural characteristics.

A commercial establishment designed to provide the basic facilities found in a neighborhood center, with a wider range of commercial establishments.

A group of commercial establishments providing for the sale of convenience goods or personal services.

A commercial establishment designed to provide a full scope of retail sales and services. It is designed to attract customers from an area of greater population than the county. A regional shopping center ranges in size from 300,000 square feet and up.

See § 210-44 of this chapter.

A parcel of land consisting of one or more lots or portions and which is described by reference to a recorded plat or by metes and bounds.

A drawing or plat which describes and locates required improvements of a development tract in accordance with the provisions of this chapter.

Circuses, fairs, carnivals, festivals, or other types of special events that:

Permission by the Board of Zoning Appeals to establish a specific use that would not be appropriate generally or without restriction throughout a zoning district but which if controlled as to number, area, location, or relation to the neighborhood would comply with the purpose and intent of this chapter. Such uses may be approved within a zoning district if specific provision for such a special exception is made in this chapter.

Human genitals, anus, cleft of the buttocks, or the female breast.

Any of the following specified crimes for which there has been a conviction, guilty plea, plea of nolo contendere or probation before judgment:

Any of the following:

Any slope with a grade of 15% or more covering a contiguous area of 10,000 square feet or more.

The keeping, either indoors (including inside a cargo trailer) or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. "Storage" does not include the overnight parking in residential zones of a single vehicle weighing no more than 2.5 tons gross vehicle weight which, although used primarily for business, trade, or professional purposes, also provides daily transportation to and from work.

That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.

A platted way for vehicular traffic.

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

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.

See "road."

The division of any tract or parcel of land into two or more plots, parcels, lots, or sites, for the purpose, whether immediate or future, of transfer of ownership or of building development. The term shall include resubdivision and, where appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

A subdivision that does not involve any of the following:

Any structure erected for a time of six months or less, consisting of any material with a running edge of 25 feet or more. Temporary structures include tents with any running edge of 25 feet or more.

A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.

Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources which appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be "threatened" species pursuant to the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq., as amended.

The existing configuration of the earth's surface, including the relative relief, elevations, and position of land features.

The Town of Preston and its governing and zoning authorities, as applicable.

A lot (see definition). The term "tract" is used interchangeably with the term "lot," particularly in the context of subdivisions, where one tract is subdivided into several lots.

An area between two distinct neighborhoods or land uses with similar character. A transition area can be subtle or abrupt, of varying widths, and may use appropriate variations of natural and man-made features.

Perennial and intermittent streams in the critical area that are so noted on the most recent U.S. Geological Survey 7.5-minute topographic quadrangle maps (scale 1:24,000) or on more detailed maps or studies at the discretion of the Town.

When used as a noun, the term means the purpose or activity for which land or any building thereon is designed, arranged or intended, or for which it is occupied or maintained.

Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.

Fixed structures that convey or distribute resources, wastes, or both, including, but not limited to, electric lines, water conduits, and sewer lines.

Permission to construct, alter, or occupy a particular building, structure or tract of land in a way which is not in conformance with a provision or provisions of this chapter, as a form of relief from its literal interpretation.

A structure used for the storage and/or the sale of products at wholesale, and where the sale of a product at retail is incidental.

Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, stored, parked, disassembled, or handled, including landfills, auto wrecking yards, house wrecking yards, and the like.

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by reason of overflow of water.

The selling of goods in relatively large quantities and usually at lower prices than at retail, especially such selling to retailers for resale to consumers.

A strip of land having vegetation that provides habitat and a safe passageway for wildlife.

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

An open space extending across the front of the lot between the side lot lines and measured between the front lot line and the front of the main building or any projection other than steps, unenclosed porches or entranceways.

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.

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 building or any projection other than steps, unenclosed porches or entranceways.

Document that certifies that the Preston Planning Commission, or its designated representative, has approved a proposed use of property as being consistent with the provision of this chapter. A zoning certificate may also be referred to as a "certificate of approval" or "zoning permit."

An area within which certain uses of land and structures are permitted and certain others are prohibited; yards and other open spaces are required; and minimum lot areas and dimensions and other requirements are established.

The zoning administrative officer or an authorized representative designated by the Town Commissioners to carry out duties as specified in this chapter.

A district that is applied over other zoning districts and which may modify the permitted uses, intensity of uses, or other development standards that apply to the underlying zoning district.

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