[Amended 1-8-2004 by Ord. No. 2004-01; 5-12-2005 by Ord. No. 2005-06; 12-19-2025 by Ord. No. 2024-03]
For the purpose of this chapter, certain terms and words are hereby defined as follows:
ACCESSORY APARTMENTA dwelling unit that is contained within, and is clearly subordinate to, the primary use and structure.
ACCESSORY DWELLING UNITA second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use as a complete, independent living facility with provision within the accessory unit for cooking, eating, sanitation, and sleeping. Such a dwelling is clearly accessory to the use of the main or principal dwelling.
ACCESSORY STRUCTUREOne which:
A. Is subordinate to and serves a principal structure or a principal use;
B. Is subordinate in area, footprint, extent, and purpose to the principal structure or use served;
C. Is located on the same lot as the principal structure or use served; and
D. Is incidental to the principal structure or use. Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.
ACCESSORY USEOne which:
A. Is subordinate to and serves a principal structure or a principal use;
B. Is subordinate in area, extent, and purpose to the principal structure or use served;
C. Is located on the same lot as the principal structure or use served; and
D. Is incidental to the principal structure or use.
ADULT BOOKSTOREAny premises from which minors are excluded and in which the retail sale of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions is conducted as a principal use of the premises; or as an adjunct to some other business activity, but which constitutes the primary or a major attraction to the premises.
AGGREGATE AREA OR WIDTHThe sum of two or more designated areas or widths to be measured, limited, or determined under the provisions of this chapter.
ALLEYA narrow public thoroughfare not exceeding 16 feet in width which provides only a secondary means of access to abutting properties and is not intended for general traffic circulation.
ALTERATIONAny change in the total floor area, use, or external appearance of an existing structure.
AREA, GROSSAll the area within a development or plat, including area intended for residential use, steep slopes, local access streets or alleys, off-street parking spaces, recreational areas, floodplains, non-tidal wetlands, common areas, etc. This will not include areas in state-owned tidal wetlands or private tidal wetlands.
AUTOMOBILE FILLING STATIONAny building, structure, or land used for retail sale of automobile fuels, oils, and accessories and where repair service if any, is incidental.
BASEMENTThat portion of a structure between the floor and ceiling which is wholly or partly below grade and having more than 1/2 of its height below grade.
BED-AND-BREAKFAST ESTABLISHMENTAn owner-occupied or manager-occupied structure where for compensation and only by prearrangement (transients only) for definite periods, lodging and breakfast are provided.
BOATHOUSEA structure constructed over water either built on a pier or adjoining a pier for the purpose of storing a boat, and/or boat gear.
BUFFERManmade or natural vegetated area with plantings to protect adjacent permitted residential uses from noise, odor, dust, fumes, glare, or unsightly storage of materials in commercial or industrial districts.
BUILDABLE AREAThe area of that part of the lot not included within the yards herein required.
BUILDINGAny structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
BUILDING FOOTPRINTThe area of a building measured from the exterior surface of the exterior walls at grade level, exclusive of cantilevered portions of buildings. Where a building is elevated above grade level, the building footprint is the area the building would cover if it were located at ground level.
BUILDING, HEIGHT OFThe vertical distance from the grade to the highest point of the coping of a flat roof or to the deckline or highest point of coping or parapet of a mansard roof or to a distance 1/3 of the height level between eaves and ridges for gable, hip, shed and gambrel roofs. When the highest wall of a structure with a shed roof is within 30 feet of a street, the height of such structure shall be measured to the highest point of the coping or parapet.
BULKDescribes the size and shape of a structure and its relationship to other structures, to the lot area for a structure and to open spaces and yards.
BUSINESS, SERVICEServices rendered to a business establishment or individual on a fee or contract basis including actuarial, advertising, credit reporting, janitorial, office or business equipment rental or leasing, photofinishing, telecommunications, window cleaning, blue-printing and photocopying, and other such services.
CANOPYA detachable, rooflike cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather.
CAR WASHAn area of land and/or a structure with machine or hand-operated facilities used principally for the cleaning, polishing, or washing of personal passenger vehicles, pickup trucks, and recreational vehicles.
CHANNELThat part of the waterway where the largest class of vessels that could use such waterway is required to navigate because of shallowness of water on both sides of such part, or delineated on an approved plan or navigational chart.
CHILD-CARE CENTERA place for the care of children under 12 years of age away from their own homes who stay less than 24 hours in any day regardless of compensation. Such centers will operate under the regulations of the county or state, whichever is more restrictive.
CLINICA structure or portion thereof designed for, constructed or under construction or alteration for or used by two or more physicians, surgeons, dentists, psychiatrists, physiotherapists or practitioners in related specialties or a combination of persons in these professions, but not including the lodging of patients overnight.
CLUB, PRIVATEBuilding and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not for profit and not to render a service which is customarily carried on as a business.
CLUSTER DEVELOPMENTAn arrangement of structures on adjoining lots in groupings allowing closer spacing than would be generally permitted under ordinance requirements for lot width or area with the decrease in lot or area compensated for by the maintenance of equvalent open space either elsewhere on the lot on in the form of common open space on the parcel.
COLLECTOR ROADA street which is intended to collect traffic from the minor streets within a neighborhood or a portion thereof and to distribute such traffic to major thoroughfares, in addition to providing access to properties abutting thereon.
COMMERCIAL AMUSEMENT AND RECREATIONAn establishment which provides entertainment, recreation, or amusement for profit including commercial establishments which house more than three or a combination of three of the following: video games, pinball machines, pool tables or similar-type amusements as the principal purpose of the use.
COMMERCIAL VEHICLEAny motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of over 10,000 pounds.
COMMON AREAA parcel of land or an area of water, or combination thereof within a designated development tract, such as a subdivision, which is designed and intended for the use of all lot owners and residents of the development or tract.
COMMUNITY CENTERA place, structure, area, or other facility used for and providing social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
COMPATIBILITYThe characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict. Some elements affecting compatibility include: intensity of occupancy as measured by dwelling units per acre; floor area ratio; pedestrian or vehicular traffic generated; volume of goods handled; and such environmental effects as noise, vibration, glare, air pollution, or radiation.
CONDOMINIUMA form of property ownership providing for individual ownership of space in a structure together with an individual interest in the land or other parts of the structure in common with other owners.
CONTRACTORS YARDAny land and/or structures used primarily for the storage of equipment, vehicles, machinery, new or used, building materials, paints, pipe, or electrical components used by the owners or occupant of the premises in the conduct of any building trades or building craft.
CONVALESCENT HOMEA structure where regular nursing care is provided for more than one person, not a member of the family, which resides on the premises.
CONVENIENCE STOREA retail store generally containing less than 2,500 square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers. It is designed to attract a large volume of stop-and-go traffic.
COTTAGE INDUSTRYAny activity undertaken for gain or profit and carried on in a dwelling or structure accessory to a dwelling, by members of the family residing in the dwelling and up to two additional unrelated people.
COURTAn open space which may or may not have direct street access and around which is arranged a single structure or a group of related structures.
DENSITYThe number of dwelling units per acre of gross area of a development tract, unless otherwise specified.
DEVELOPMENTAny construction, reconstruction, modification, extension, or expansion of structures; placement of fill; dumping; storage of materials; land excavation; land clearing; land improvement; subdivision of land; or any combination thereof.
DOMICILIARY CAREAny premises which admits aged or disabled persons to a protective environment, who, because of advanced age or physical or mental disability, are not gainfully employed.
DRIVEWAYAccess to any property by vehicles and to be located at least three feet from the abutting lot line.
DWELLINGA structure or portion thereof designed or used exclusively for residential occupancy, but not including trailers, mobile homes, recreational vehicles, hotels, motels, motor lodges, boarding and lodging houses, tourist courts or tourist homes.
B. DWELLING, DUPLEXA structure containing one dwelling unit attached to another dwelling unit by party walls each unit having its own lot.
C. DWELLING, TRIPLEXA structure containing three dwelling units attached to one another by vertical party walls each unit having its own lot.
D. DWELLING, TOWNHOUSEA structure designed for or used exclusively for residence purposes of one family. The structure is attached to similar structures forming groups of four but not more than eight dwellings separated vertically by party walls.
DWELLING UNITA room or group of rooms occupied or intended to be occupied as separate living quarters by a single family or other group of persons living together as a household or by a person living alone.
EASEMENTA strip of land extending along a property line or across a lot, for which a limited right of use has been or is to be granted for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
FAMILYA person living alone or two or more persons living together who maintain a common household; but not including a group occupying a boarding house or hotel.
FAMILY, IMMEDIATEA father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter.
FLOOR AREAA. For commercial, business and industrial structures or structures containing mixed uses, the sum of the gross horizontal areas of the several floors of a structure, measured from the exterior faces of the exterior walls or from the center line of party walls separating two structures, but not including:
(1) Attic space providing headroom of less than seven feet.
(2) Basement space not used for retailing.
(3) Uncovered steps or fire escapes.
(4) Accessory water towers or cooling towers.
(5) Accessory off-street parking spaces.
(6) Accessory off-street loading spaces.
B. For residential structures, the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls.
FOOD SERVICE ESTABLISHMENTAny commercial business engaged in the preparation and sale of food or beverages, whether or not it is the principal business of the establishment. The following types of uses are food service establishments: bakery, bake shop, candy store, catering establishment, convenience store, cooking school, ice cream store, restaurant, and supermarket.
FRONTAGEA. STREET FRONTAGEAll of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
B. LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
GARAGE, PRIVATEA garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the structure to which the garage is accessory, whichever is the greater. Space therein may be used for not more than one commercial vehicle of not more than 10,000 pounds gross vehicle weight, and space may be rented for not more than two vehicles to persons other than occupants of the structures to which such garage is accessory.
GENERAL MERCHANDISEAny retail trade use characterized by the sale of bulky items, outside display or storage of merchandise or equipment, such as farm and garden supplies, ice storage houses, lumber and building materials, marine equipment sales and service, and stone monument sales.
GRADEGrade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points in the perimeter wall of the structure.
GROUP HOMEAny residential structure used to provide assisted community living for persons with physical, mental, emotional, familial, or social difficulties.
HEALTH SERVICESThe provision of medical, dental, or surgical, or other health services to individuals, including medical out-patient clinics, medical laboratories, dental clinics, dental laboratories, hospital supplies, and opticians.
HOSPITALA structure or group of structures, having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.
HOTELA facility containing 11 or more rooms offering transient lodging accommodations on a daily rate to the general public and in which access to and from all rooms is made through an inside lobby supervised by a person in charge at all hours.
HOUSING FOR THE ELDERLYA structure or development which is designed for the needs of elderly persons and which is subject to management or other legal restrictions that require at least 80% of the units in the project to be occupied by households of persons aged 62 or over.
INNAn existing structure where for compensation and only by prearrangement for definite periods, lodging and meals for transients are provided. Such uses are limited to 10 rooming units excluding resident manager quarters.
JUNKDilapidated automobiles, trucks, tractors and other such vehicles and parts thereof, dilapidated wagons, trailers and other kinds of vehicles and parts thereof, scrap building materials, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled or displayed.
KENNELA. An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business; or
B. The keeping of five or more dogs or cats, six months or older, for any purpose.
LAUNDROMATA business that provides washing, drying and/or ironing machines or dry-cleaning machines for hire to be used by customers on the premises.
LINE FENCEA fence of nonsolid construction, no less or more than five feet in height, whose purpose it is to delineate property lines or boundaries.
LOADING SPACEA space within the main structure or on the same lot, providing for the standing, loading or unloading of trucks.
LOTA recorded parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main structure, together with its accessory structures and the yard areas and parking spaces required by this chapter, and having its principal frontage upon a public street.
LOT AREAThe total horizontal area within the lot lines of the lot.
LOT, CORNERA lot abutting upon two or more streets at their intersection.
LOT, DEPTHThe average horizontal distance between the front and rear lot lines.
LOT, MINIMUM AREAThe smallest area established by this chapter upon which a use, structure, or building may be located in a particular district.
LOT, WIDTHThe horizontal distance between the side lot lines measured at the required front yard setback line.
MARINAA place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including the minor servicing and repair to boats while in the water, the sale of fuel and supplies and the provision of lodging, food, beverages and entertainment as accessory uses. A yacht club shall be considered as a "marina," but a hotel, motel or similar use, where the docking of boats and provision of services thereto is incidental to other activities, shall not be considered a "marina," nor shall boat docks accessory to a multiple dwelling where no boat-related services are rendered.
MARINE TRADE SCHOOLA secondary or vocational school that offers certified instruction in skilled trades related to the marine industry, including, but not limited to, boat engine repair and maintenance, electronics, painting, fiber glassing, vessel maintenance and marina management.
MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of Maryland. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
MOTELA building or group of detached or connected buildings designed and used for providing sleeping accommodations for automobile travelers and having a parking space adjacent or near to a sleeping room.
OPEN SPACEAny area of land or water set aside, dedicated or designed, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, USABLEUsable open space shall be a minimum area of 100 square feet with a minimum width of 10 feet. A minimum of 40% of the required open space shall be usable for active recreation such as swimming pools, tennis courts, tot lots, ball fields, and other similar activities. Water bodies shall not exceed 15% of the required open space area.
PARKING, OFF-STREETAn all-weather surfaced area not in a street or alley and having an area of not less than 200 square feet permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.
PERFORMANCE STANDARDSA minimum requirement or maximum allowable limit on the effects of a use. Such standards are placed on individual uses in addition to the general zoning requirements.
PIERA structure built out over the water and supported by pillars, piles, or floats; used as a landing place for watercraft, etc., including tie-out piles.
PREMISESA lot, together with all structures thereon.
PRIMARY HIGHWAYA street or highway so designated on the Major Thoroughfare Plan of Rock Hall.
PROFESSIONAL OFFICESOffices for doctors, dentists, attorneys, and similar uses as determined by the Administrator.
PUBLICOpen to common use, whether or not government ownership is involved.
PUBLIC LANDINGAreas adjacent to the waters of Rock Hall and owned by the Kent County Commissioners for use by the public for water-related activities, subject to rules and regulations as may be promulgated by the Kent County Commissioners.
PUBLIC UTILITIESUses or structures for the public purpose of power transmission and distribution (but not power generation), fuel transmission and distribution (but not manufacture or storage, water treatment and distribution, sewer collection and treatment, telephone services (not including broadcasting studios), and rail or highway rights-of-way (not including stations or terminals).
RESTAURANTA. Carry-out. Establishments other than bakeries and bake shops, whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state for consumption off the premises and whose design or principal method of operation includes the following characteristics:
(1) Foods or beverages usually are served in edible containers or in paper, plastic or other disposable containers.
(2) The selection of food or beverages offered is strictly limited.
(3) The number of seats and tables provided bears little relationship to the number of customers served.
B. Sit-down. An establishment whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
(1) Customers, normally provided with an individual menu, are served their foods or beverages by a restaurant employee at the same table or counter at which the items are consumed.
(2) A cafeteria-type operation where foods or beverages generally are consumed within the restaurant structure.
(3) The number of customers served is strongly tied to or limited by the seating available.
RIGHT-OF-WAYA strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer or similar uses.
ROOMING HOUSEA structure other than a hotel, motel or motor lodge where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for three or more persons, but containing no more than five sleeping rooms.
SHOPPING CENTERA grouping of individual but architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operating unit related in its location, size and type of shops to the trade area that it serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.
SIGNFor definitions pertaining to signs, see Article
VII.
SITE PLANA drawing illustrating a proposed development and prepared in accordance with the specifications of Article
XI.
SLIPThat area of the water way contained within the tie-off pilings and a pier or bulkhead, covered or not.
STORYThat portion of a structure, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there is no floor next above it, then the space between such floor and the ceiling next above it.
STORY, HALFA space under a sloping roof which has the line of intersection of the roof decking and wall face not more than four feet above the top floor level and in which space not more than 2/3 of the floor area is finished for use. A half-story containing independent apartments for living quarters shall be counted as a full story.
STREETA public thoroughfare which affords the principal means of access to abutting property.
STREET LINEA dividing line separating a lot, tract, or parcel of land and a contiguous street (also right-of-way line).
STRUCTURAL ALTERATIONSAny change in the supporting members of a structure, such as footings, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair as may be required for the safety of the structure.
STRUCTUREAnything constructed or erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, trailers or mobile homes, signs, swimming pools, fences, backstops for tennis courts, pergolas, pilings, piers, and bulkheads.
SWIMMING POOLAny portable pool or permanent structure containing a body of water 18 inches or more in depth and 250 square feet or more of water surface area, intended for recreational purposes, including a wading pool but not including an ornamental reflecting pool or fish pond or other type of pool located and designed so as not to create a hazard or be used for swimming or wading.
TRAILER or MOBILE HOMEAny vehicle or similar portable structure with any or all of the following characteristics:
A. Manufactured as a relocatable dwelling unit intended for year-round occupancy and has no need for a permanent foundation, which can be moved upon the removal of tie-downs and surrounding decks and the reattachment of tow bar, axles, and wheels.
B. Designed to be transported after manufacture on its own permanent chassis, with a fixed or removable tow bar, and can be moved without the use of regular house-moving equipment.
C. Designed to be installed as a single-wide or double-wide unit with only incidental unpacking and assembling operations. The term "mobile home" also includes park trailers, travel trailers and other similar vehicles.
TRAILER PARK, TRAILER COURT, or MOBILE HOME PARKAny site, lot, field or tract of land upon which is located two or more occupied trailers or which is held out for the location of any occupied trailer. The terms shall include any structure, vehicle, or enclosure for use as a part of the equipment for such park or court.
TRUCK TERMINALA facility where truck transport goods are transferred or stored pending transfer, and which may include truck dispatching, parking and servicing and temporary accommodation for truck drivers.
WATERFRONTThe land/water edge and the immediately adjacent property providing access to it.
WATERWAYAny body of water, including any creek, canal, river, lake or bay or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.
WATERWAY, WIDTH MEASUREMENTThe measurement is made at the shoreline location of the pier, or proposed pier, and establishes the narrowest width of the waterway from that point.
WETLANDS, TIDALDefined as state and private wetlands in Title 9, Natural Resource Article, Annotated Code of Maryland.
YARDAn open space other than a court, on a lot, and unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONTA yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the main structure or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces or uncovered porches. For waterfront residential properties, it is that part of the yard extending across a lot between the side lot lines and being the minimum horizontal distance from the water and the main structure or any projections other than projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. For waterfront commercial properties, it is that part of the yard extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street line and the main structure. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REARA 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 structure or any projection other than steps, unenclosed porches or entranceways.
YARD, SIDEA yard between the main structure 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 structures or any projections thereof.