For the purpose of this chapter, certain terms used are herein defined as follows:
ACCESSORY USEA use of a building, lot or portion thereof, which is incidental and subordinate to the principal use of the main building or lot.
ADULT BOOKSTORESAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.
[Added 2-11-1985 by Ord. No. 141]
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 25 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, for observation by patrons therein.
[Added 2-11-1985 by Ord. No. 141]
AGRICULTURE or AGRICULTURAL PURPOSESThe raising of farm products for use or sale, including animal or poultry husbandry, and the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers, and similar products of the soil.
AMUSEMENT ARCADEAny facility for the use of operation of more than three amusement devices or game machines, including, but not limited to, television games, electronic novelty gases, electro-mechanical and electronic target games, driving games, pinball machines and other similar devices and machines.
[Added 5-30-1982 by Ord. No. 125]
APARTMENTAn area within a structure arranged or designed for occupancy by one family.
APARTMENT HOUSEAny building arranged, designed or used for rent or occupancy, or is cooperatively owned by its occupants having three or more family units, and with a yard, compound, service, or utilities in common.
BOARDRefers to the Board of Appeals.
BUILDING LINEThe line established by law beyond which a building shall not extend as determined by front, side, and rear yards herein.
BUILDINGSAny structure enclosed within exterior walls for the enclosure, shelter, or protection of persons, animals or chattels.
COMMISSIONRefers to the Town of Sykesville Planning and Zoning Commission.
CONDITIONAL USESUses which are specified for Board of Appeals approval prior to authorization and which uses, after public hearing, may be approved conditionally, or disapproved in accordance with §
180-105. The term "conditional use" shall constitute the same meaning as "special exception" specified as one of the general powers of the Board of Appeals in accordance with Article 66B of the Annotated Code of Maryland.
CONSTRUCTION STARTEDFor the purposes of this chapter, construction will be deemed to have begun when all of the necessary excavation and piers and/or footings of one or more buildings or structures covered by the permit have been completed.
DWELLINGAny building arranged, designed, or used in whole or in part, for residential purposes, but not including a tent, cabin, trailer or mobile home, or a room in a hotel or motel.
A. DWELLING, SINGLE-FAMILYA detached building designed for or used exclusively for residential purposes by one family or one housekeeping unit.
B. DWELLING, TWO-FAMILYA detached building with one dwelling unit above the other (duplex) or two semi-detached dwelling units located on abutting lots separated by a party wall without openings, in either case for or used exclusively for residential purposes, but not more than a total of two families or two housekeeping units.
C. DWELLING, MULTIFAMILYA detached building or a group of attached and semi-detached buildings, designed for or used exclusively for residential purpose by more than two families or more than two housekeeping units.
ESSENTIAL SERVICES or ESSENTIAL UTILITY EQUIPMENTFacilities 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 premise and not requiring private right-of-way, and reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication or similar services to adjacent customers; including pumping stations and waste water treatment plants, but not including any building, yard, station or facility requiring a site in excess of 400 square feet, except as hereinbefore provided, and not including any cross country pipeline, transmission line or towers, communications towers, or any line requiring a private right-of-way.
[Amended 7-9-2001 by Ord. No. 223b]
FAMILYOne or more persons related by blood, marriage or adoption occupying a dwelling and living together as a single housekeeping unit or a group of not more than three persons not related by blood, marriage or adoption occupying a dwelling and living together as a single housekeeping unit.
[Amended 9-25-2006 by Ord. No. 267]
FARMAn area of land used for agricultural purposes, as defined in section 20.02 and which provides a primary source of income for the occupant or owner.
GARAGEA. GARAGE, RESIDENTIALAn accessory building, portion of a main building, or building attached thereto, used for the storage of private motor vehicles, 50% of which may be used for the storage of a commercial vehicle.
B. GARAGE, SERVICEA garage, other than a residential garage, where motor vehicles, trailers, or other type of equipment are stored, equipped for operation, repaired, or kept for remuneration, hire or sale.
HOME OCCUPATIONAny use of a dwelling, conducted solely by a member or members of the family residing therein, which is incidental or subordinate to the main use of the building for dwelling purposes; which utilizes not more than 25% of the floor area of the dwelling; which does not generate vehicular parking or nonresidential traffic to a greater extent than would normally result from residential occupancy; in connection with which no inventory or stock in trade is kept for regular sale to persons coming to the premises; and with no other evidence being visible, other than a sign not exceeding one square foot, audible or abnormally odoriferous from the outside of the dwelling to indicate it is being used for other than residential purposes.
HOSPITAL, CLASS AA hospital which does not primarily treat communicable diseases, insane or feebleminded patients, epileptics, drug addicts, or alcoholic patients, and is not a penal or correctional institution.
HOSPITAL, CLASS BA hospital which does primarily treat the types of cases note in Class A above, and which may be a penal or correctional institution.
INDUSTRIAL PARKThe division of a tract of land which is eminently suitable for industrial use into small tracts or parcels according to a comprehensive plan for occupancy by a group of industries and has streets and utilities and conforms to the requirements of section 13.5.
KENNELAny building or structure and/or land used, designed, or arranged for housing, boarding, breeding or care of more than three adult dogs kept or bred for hunting, sale, exhibition, or other use for profit.
LOTA piece of parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, including all open spaces required by this chapter, and having frontage on a street as defined herein.
A. LOT, CORNERA lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135º.
B. LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as required herein, except that not more than one rear yard shall be required.
C. (1) DEPTHThe average horizontal distance between the front lot line and the rear lot line.
(2) WIDTHThe horizontal distance between side lot lines measured at the mid-points of the side lot lines.
D. LOT OF RECORDA lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Carroll County or a lot or parcel described by metes and bounds, the description of which has been so recorded.
MASTER PLANMeans policies, statements, goals, and inter-related plans for private and public land use, transportation and community facilities documented in text and maps which constitute the guide for the Town's future development.
MEDICAL CENTERA medical or dental clinic building or group or combination of such buildings occupied by medical practitioners and used for examination and/or treatment of patients, which may include laboratory and/or testing equipment for the purpose of providing health services to people on an out-patient basis.
MICRODISTILLERYAn establishment for the purpose of the annual production, storage, distillation, manufacturing, processing, distribution, and wholesale and retail sale of no more than 27,500 gallons of liquor made from produce grown or produced off-site, and for tours and tastings of the products. Such establishment shall be in compliance with any and all local, state, and federal liquor laws and licensing requirements and health department regulations, and shall possess any and all licenses which may be required by Carroll County, the Town of Sykesville, and/or the State of Maryland, including, without limitation, a Class I manufacturer's license as provided in Article 2B § 2-202 of the Maryland Code, Annotated (2014) ("liquor license").
[Added 9-28-2015 by Ord. No. 291]
NONCONFORMING USEA use of a building or of land lawfully existing at the time this chapter becomes effective and which does not conform with the use regulations of the zone in which it is located.
NURSING HOMESThese items include rest homes, nursing homes, convalescent homes for children, and homes providing chronic and convalescent care. Extended care, intermediate care or personal care facility as defined within Maryland State Health Department Regulations.
A. An institution which admits two or more individuals for care, and who are not related to the owner or administrator.
B. Domiciliary care facility as further defined within Maryland State Health Department Regulations.
C. An institution which admits four or more aged and/or disabled non related individuals not gainfully employed and which maintains the necessary facilities and provides a protective institutional or home-type environment.
D. Treatment facility for emotionally disturbed children and for Adolescents as Further Defined with Maryland State Health Department Regulations.
E. An institution for the treatment of emotionally disturbed children and/or adolescents with overnight accommodations for two or more non related individuals.
OPEN SPACELand provided and deemed necessary and desirable for present and future residents and citizens of the area including such land in stream valleys, natural woods, areas of unusual natural scenic beauty, local play lots, recreational walkways, pathways and planting areas in residential subdivisions.
PLANNED BUSINESS CENTERThree or more retail stores or service establishments designed as a unit and primarily served by common accessories such as signs, parking lots, arcades and walkways.
RETIREMENT HOMESSpecifically designed multi-dwelling unit buildings to which occupancy is restricted to elderly citizens.
SEPTIC MINOR SUBDIVISIONFor the purposes of the Sustainable Growth and Agriculture Preservation Act of 2012 (Senate Bill 236), after October 1, 2012, a minor subdivision will be defined as up to seven new lots for purposes of the applicability of Senate Bill 236 only. All development proposals will be required to comply with all other processing and code provisions applicable to minor subdivisions.
[Added 12-10-2012 by Ord. No. 284]
SERVICE STATIONAny area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil and accessories at retail, where minor repair service is incidental, and no storage or parking space is offered for rent.
SETBACKThe required minimum horizontal distance between a building line as defined herein, and the related front, side, or rear property line.
SIGNSA name, identification, description, display, logo, illustration or device (including wigway, twiller, pinwheel, pennant, and other similar devices) which is affixed, stationed, or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution, or business.
[Amended 12-12-2022 by Ord. No. 2022-06]
A. BANNER (OVER THE ROAD)Any sign of lightweight fabric or similar material that is attached to a building or other structure which projects out over a public right-of-way. Signs in this category cannot exceed four feet by 22 feet in height and width.
B. PERMANENTAny legal sign designed or used in excess of six months.
C. TEMPORARYA sign that is not permanently attached to the ground, a structure, or another sign, designed or constructed in such a manner that it can be moved or relocated without involving any structural support changes, and is typically constructed of cloth, canvas, plastic sheet, cardboard, or other like materials. Signs in this category shall not be displayed for a period longer than six months.
SPECIFIED ANATOMICAL AREAS[Added 2-11-1985 by Ord. No. 141]
A. Less than completely and opaquely covered:
(1) Human genitals, pubic region,
(3) Female breast below a point immediately above the top of the areola;
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES[Added 2-11-1985 by Ord. No. 141]
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STABLE, PRIVATE (HORSE)An accessory structure designed for the shelter, feeding and care of no more than two horses or ponies maintained on the property as pets or for domestic use as distinguished from agricultural or commercial stables.
STREET; HIGHWAY; ROADAny street existing or which may be approved by the Commission. The word "street" shall also mean "road", "highway", "boulevard", "avenue", "lane", or "court".
STRUCTUREAnything constructed, the use of which requires fixed location on the ground or is attached to something having such location, but not including fences, power, gas, water, sewage, or communication lines or poles, towers or pole structures, sidewalks, driveways or curbs.
SUBDIVISIONThe division of any tract or parcel of land into three or more lots or parcels for immediate or future sale or lease or building development. If a new street is involved, "subdivision" shall mean any division of a tract or parcel of land. "Subdivision" shall not, however, include division of land for agricultural purposes.
A. MAJOR SUBDIVISIONA division of a tract or parcel of land into 4 or more lots or parcels for immediate or future sale or lease or building development. If a new street is involved, "subdivision" shall mean any division of a tract or parcel of land and shall be construed as a major subdivision. For the purposes of the Sustainable Growth and Agriculture Preservation Act of 2012 (Senate Bill 236) only, after October 1, 2012, a request that results in a total of eight or more new lots will be defined as a major subdivision.
[Amended 12-10-2012 by Ord. No. 284]
B. MINOR SUBDIVISIONA division of a tract or parcel of land into no more than 3 lots or parcels for immediate or future sale or lease or building development. Additionally, divisions or redivisions of land, as the case may be, involving modifications in property lines, plat corrections, or enlargement of existing properties shall generally be construed as a minor subdivision.
TEMPORARY USEAny use which has been authorized under the provision of this chapter which is not unlimited as to the time in which such use shall legally continue.
VARIANCEA Variance is a relaxation of the terms of the Zoning Ordinance where such Variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship.
YARDAny open space on the same lot with a principal building(s) which lies between such building(s) and the lot line and is open and unoccupied from the ground up.
A. FRONT YARDA yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building.
B. REAR YARDA yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.
C. SIDE YARDA yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.
ZONING CERTIFICATEA written statement issued by the Zoning Administrator, authorizing buildings, structures, or uses, in accordance with the provisions of this chapter.