Definitions. As used in this chapter, the following terms shall have the meanings indicated:
AGRIBUSINESSBusiness embracing the processing and distribution of farm products and the manufacture of farm equipment and supplies. Activities which support agricultural operations which are or require some agricultural industry type support. Some examples of these activities include processing operations such as dairy processing operations, vegetable canning operations, feed and grain mills, and animal auction sales. Such activities are considered to be business and industrial in nature and are not to be considered as agriculture or agricultural activities.
AGRICULTUREThe use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture and animal and poultry husbandry, provided that the above uses shall not include the business of garbage feeding of hogs, fur farms, or the raising of animals for use in medical or other tests or experiments.
ALLEYA public right-of-way which affords only a secondary means of access to abutting properties.
[Amended 5-13-1998 by Ord. No. 98-11]
AMEND or AMENDMENTAny repeal, modification or addition of a regulation; any new regulation, any change in the number, shape, boundary or area of a zone; or any repeal or abolition of any map, part thereof or addition thereto.
ANIMAL BOARDING PLACEAny building or buildings used, designed or arranged for the boarding, breeding or care of dogs, cats, pets, fowl or other domestic animals raised for agricultural purposes.
ANTIQUE SHOPAny structure used primarily for the sale of antiques or collectibles.
[Added 2-9-1983]
APARTMENTOne of a series of two or more attached dwelling units separated from one another by continuous horizontal floors and/or vertical party walls, but not exceeding three stories.
[Added 1-12-1983]
AUTOMOBILE GARAGE, PRIVATEAn accessory building or portion of a main building designed, arranged or used for the housing of private motor vehicles, only one of which may be a commercial vehicle.
AUTOMOBILE PARKING LOT, COMMERCIALA lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of six or more motor vehicles for a consideration and where service or repair facilities are not permitted. Such parking lot shall not be considered an accessory use nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof or junk.
AUTOMOBILE PARKING SPACEA permanently surfaced area, either within a structure or in the open, of not less that 162 square feet, exclusive of driveways or access drives, for the parking of a motor vehicle.
[Amended 8-10-2023 by Ord. No. 2023-03]
AUTOMOBILE REPAIR STATIONA building or lot, or both, in or upon which the business of general motor vehicle repair and service is conducted, but excluding junk and/or auto wrecking business.
AUTOMOBILE SALES LOTA lot arranged, designed or used for the storage and display for sale of any motor vehicle or any type of trailer, provided that the trailer is unoccupied, and where no repair work is done except minor incidental repair of automobiles or trailers displayed and sold on the premises.
AUTOMOBILE SERVICE STATIONAny area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oils and accessories at retail, where repair service is incidental and no storage or parking space is offered for rent.
BASEMENTThat portion of a building below the first floor joists, at least half of whose clear ceiling height is above the mean level of the adjacent ground.
BED-AND-BREAKFASTA dwelling occupied by a family and used incidentally to provide accommodation and meals for compensation to no more than eight transient travelers and includes a tourist home but does not include a boarding house, rooming house, group home, hotel or motel.
[Added 2-28-2001 by Ord. No. 2000-9]
BILLBOARD (see "SIGN")A structure on which is portrayed information which directs attention to a business commodity, service or entertainment not necessarily related to the other uses permitted on the premises upon which the structure is located.
BLOCKThat property abutting one side of a street and lying between the two nearest intersecting or intercepting streets or the nearest intersecting or intercepting street and a railroad right-of-way, unsubdivided acreage, river or live stream, or between any of the foregoing and any other barrier to the continuity of development.
[Amended 8-10-2023 by Ord. No. 2023-03]
BOARDThe Walkersville Board of Appeals.
BOARDINGHOUSEA dwelling in which lodging or meals, or both, are furnished for compensation to not more than five guests. A "boardinghouse" shall not be deemed a home occupation.
BUILDINGA type of structure having one or more stories and a roof, designed primarily for the permanent shelter, support or enclosure of persons, animals or property of any kind.
BUILDING SETBACK LINEA line beyond which the foundation wall and/or any enclosed porch, vestibule or other enclosed portion of a building shall not project, as determined by the yard requirements.
BUILDING, ACCESSORYA type of structure subordinate to and located on the same lot, parcel or tract of land as the principal building, which building and the use of which building is customarily incidental and subordinate to the principal building and/or the principal use of the principal building or to the principal use of the lot, tract or parcel of land on which it is located and which is not attached to the principal building by any part of a common wall, common roof or enclosed walkway.
BUILDING, HEIGHT OFThe vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the coping of a flat roof, to the deckline of a mansard roof and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof.
BUILDING, MOVABLE ACCESSORYA building subordinate to and located on the same lot with the main building, the use of which is clearly incidental to that of the main building or to the use of the land and which is not attached by any part of a common wall or common roof to the main building. In addition, the following conditions must be met:
[Added 8-12-1992]
(1) The building has no permanent foundation and is constructed on skids so as to be movable;
(2) The building has a maximum height at the highest point of 10 feet;
(3) The building shall have no side which exceeds 15 feet in length;
(4) The total square footage of the building must be 150 square feet or less.
BUILDING, PRINCIPALA type of structure (or structures) that occupies the majority and central portion of the buildable area of a lot, parcel or tract of land, that is the main, primary and dominant building(s) on such lot, parcel or tract of land, or constitutes by reason of its use, the main, primary and dominant purpose for which the lot, parcel or tract of land is used.
CARPORTA roofed, unenclosed appendage to a building designed to cover a parked car(s).
[Added 12-9-1987]
CELLARThat portion of a building below the first floor joists with over half of its clear ceiling height below the mean level of the adjacent ground. Such portion of a building shall not be used for habitation.
CEMETERYA place used for the permanent interment of dead human bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination of one or more thereof.
CHILD-CARE HOME or DAY-CARE CENTERA day nursery, child boarding home, day camp, summer camp, foster home or other place for the reception, board or care of a child or children under 16 years of age for compensation.
COLLECTOR ROADSAs described in the current Walkersville Comprehensive Plan. Examples include: Glade Road, Glade Boulevard, Daysville Road and Stauffer Road.
[Added 1-12-1983]
COMMISSIONThe Walkersville Planning Commission.
[Amended 8-10-2023 by Ord. No. 2023-03]
COMPREHENSIVE PLANThe Comprehensive Plan of Walkersville which consists of maps, data and other descriptive matter as a guide for the physical development of the Town, or any portion thereof, including any amendments, extensions or additions thereto adopted by the Burgess and Commissioners, or of other public open spaces, public building sites, routes for public utilities, zoning districts or other similar information.
[Amended 8-10-2023 by Ord. No. 2023-03]
DECKA floor-like surface or open platform usually elevated above the ground to align with the living area. Stairs and walkways may be part of a deck system. "Decks" are constructed of pressure-treated lumber and are intended for use as recreational areas in season and are not intended to be expanded into living areas in the future. A "deck" may be unenclosed or enclosed with screen and a roof.
[Added 12-9-1987]
DEVELOPMENTAny activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.
DWELLINGA building or portion thereof arranged or designed to provide living facilities for one or more families, but not including a tent, cabin, mobile home, bus or a room in a motel or hotel.
DWELLING UNITA building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.
DWELLING, ATTACHEDA building, to a height of three stories, arranged or designed to provide living facilities for more than one family. Individual units will be separated by a common wall.
DWELLING, DETACHEDA building designed to provide living facilities for one family, entirely separated from any other building or structure by space on all sides.
DWELLING, DUPLEXTwo dwelling units arranged or designed to be located on abutting and separate lots of record, separated from each other by a continuous vertical common wall along the dividing lot line (without openings between the units) from the lowest floor level to the highest point of the roof. Such dwelling is separated from any other structure on all sides by yards or other green areas.
[Added 8-12-1992]
DWELLING, MULTIPLE-GROUPA group of two or more multiple-family dwellings, or any combination of same, occupying a parcel of land in one ownership and having any yard, compound or service area in common.
DWELLING, PATIOA form of residential development in which the dwelling and the remaining area of the lot are planned and constructed as a unit. All or most of the lot is enclosed with a wall sufficiently high enough to ensure privacy, converting yard areas into outdoor rooms. An off-street parking area, open or enclosed, is located in what is normally the front yard. The dwelling may be a one-family detached, semidetached or attached dwelling.
DWELLING, TWO-FAMILYA building containing not more than two dwelling units, arranged one above the other or side by side.
EDUCATIONAL INSTITUTION, PRIVATEAny private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic instruction, but such term does not include any educational institution of the Carroll or Frederick County Board of Education. No "private educational institution" shall be deemed a home occupation.
ELEEMOSYNARY OR PHILANTHROPIC INSTITUTIONA private nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which inures to the benefit of any member of said organization or individual, and which either provides volunteer aid to the sick and wounded of armies in time of war and national relief in case of great national calamities or provides all or any of the following: religious, social, physical, recreational and benevolent services.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance, by public utilities or by municipal or other parties, of underground or overhead electrical, gas, communication, steam, water or sewer transmission, distribution, collection, supply or disposal lines, including poles, crossarms, guy wires, towers, repeaters, booster, switches, transformers, regulators, pumps, mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar accessories and equipment used in connection with and constituting integral parts of such lines and reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for protection of public health, safety or general welfare, but not including buildings, yards or stations used for storage, repair or processing of equipment or material and not for transforming, boosting, switching or pumping purposes when such facilities are constructed on the ground.
FAMILYAn individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
FARMA parcel of land not less than five acres in size used for agriculture as defined hereinabove.
FLAMMABLE LIQUIDS (CLASS I)Liquids having closed cup flash point below 100° F. (37° C.) and vapor pressures not exceeding 40 psi (276 kPA) (2.76 bar) at 100° F. (37° C.). Gasoline is a Class I flammable liquid.
FLOODPLAIN, ANNUALThose soil types defined as annual floodplain in the Natural Physical Characteristics Report, published by the Frederick County Planning Commission or the soil types designated by the United States Natural Resources Conservation Service as areas of general wetland which provide natural water retention.
[Added 6-25-1980; amended 8-10-2023 by Ord. No. 2023-03]
FLOODPLAIN, HUD/FIAThe floodplain as delineated in the Flood Insurance Study (FIS) prepared by the Department of Housing and Urban Development/Federal Insurance Administration (HUD/FIA) showing areas subject to inundation by waters of the 100-year flood.
[Added 6-25-1980]
FLOOR AREA OF BUILDING, TOTALThe total number of square feet of floor area in a building, excluding cellars, uncovered steps and uncovered porches, but including the total floor area of accessory buildings on the same lot. All horizontal measurements shall be made between interior faces of walls.
FRONTAGEThe length of the front property line of the lot, lots or tract of land abutting a public street, road or highway or rural right-of-way.
HOG FARMAny land or building used for the purpose of keeping, feeding or raising 20 or more swine.
HOG PENAny building, shed, barn, enclosure or portion thereof where one or more swine are kept or fed.
HOME OCCUPATIONAn occupation conducted entirely within a dwelling by a member or members of the immediate family residing therein, provided that:
(1) In connection with such home occupation, there is no display, except one sign affixed to the building, said sign not exceeding a total area of two square feet nor projecting more than one foot beyond the building, and not illuminated, that will indicate from the exterior that the building is being utilized in whole or in part for purposes other than that of a dwelling.
(2) In connection with such home occupation, there is kept no stock-in-trade or commodity sold upon the premises.
(3) In connection with such home occupation, no person is engaged or employed other than a member of the immediate family residing on the premises.
(4) Living quarters occupy at least 75% of the entire dwelling. (Boarding and rooming houses, tourist homes and private educational institutions shall not be deemed "home occupations." Commercial repair or storage of automobiles, watercraft or other motor vehicles shall not be deemed permitted "home occupations.")
[Amended 6-25-1980]
(5) Equipment used does not emit uncomfortable or harmful amounts of noise, vibration, heat, glare, smoke, odor or other obnoxious elements.
(6) There will be no outdoor storage of equipment, material, or stock.
[Added 6-25-1980]
HOMEOWNERS' ASSOCIATIONAn incorporated nonprofit organization operating under recorded land agreements through which each lot and/or homeowner in a planned unit or other described land area is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and the charge, if unpaid, becomes a lien against the property. When required or used, the owner(s) or developer(s) must establish a homeowners' association in accordance with the requirements and procedures as outlined by the Federal Housing Administration in Sections 7 and 8.2 of the Land Planning Bulletin, No. 6, entitled "Planned Unit Development with a Home Association," dated December 1963.
HOSPITALAny institution receiving inpatients and rendering medical, surgical and/or obstetrical care. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics.
[Amended 8-10-2023 by Ord. No. 2023-03]
HOTELAny building containing 10 or more guest rooms where lodging or meals, or both, are provided, for compensation, for 10 or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home or motel as defined herein.
[Amended 8-10-2023 by Ord. No. 2023-03]
INDEPENDENT SENIOR LIVING COMMUNITIESOne- and two-bedroom apartments in which at least one resident is 62 years or older and all residents are over the age of 55. Tenant services and amenities will be provided to encourage physical and emotional health and wellness.
[Added 5-25-2005 by Ord. No. 2005-03; amended 8-10-2023 by Ord. No. 2023-03]
INDUSTRIAL CAMPUSAn industrial building or complex or group of buildings occupied by a single business on a lot greater than 15 acres.
[Added 5-13-1998 by Ord. No. 98-3]
INDUSTRIAL PARKA tract of land, eminently suited for industrial use, subdivided and developed according to a comprehensive plan for occupancy by a group of industries and equipped with streets and necessary utilities.
[Amended 5-13-1998 by Ord. No. 98-3]
INSTITUTIONAL USEA nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government-owned or government-operated structure or land used for public purpose.
[Amended 8-22-2007 by Ord. No. 2007-12]
JUNKYARDAny land or building used for the abandonment, storage, keeping, collecting or baling of paper, rags, scrap metal, other scrap or discarded materials or for the abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running condition or machinery or parts thereof.
KINDERGARTENA school or division of a school operated privately for compensation for the preprimary year or years preceding the first grade (usually ages four and five).
LOTA parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as may be required, and having frontage on a public right-of-way unless where excepted in this chapter; provided, however, a lot in a multiuser business park, which park contains uses totaling at least 20,000 square feet of floor area in two floors or less in the B-O Zoning District shall be controlled by the provisions of §
88-49 of this chapter.
[Amended 1-23-1991 by Ord. No. 90-4]
LOT AREA, NETThe total horizontal area included within the rear, side and front lot or proposed street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and other accessory uses.
LOT LINE, FRONTThe street line running along the front of the lot, separating it from the street. In a through lot, both lines abutting the street shall be deemed to be "front lot lines." A corner lot shall be deemed to front on two streets.
[Amended 6-25-1980]
LOT LINE, REARThe lot line or lines generally opposite or parallel to the front lot line, except in a through lot. If the rear lot line is less than 10 feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line not less than 10 feet long, lying wholly within the lot, parallel to the front lot line or, in the case of a curved front lot line, parallel to the chord of the arc of said front lot line.
LOT LINE, SIDEAny lot line other than a front lot line or a rear lot line.
LOT, CORNERA lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135°.
LOT, DEPTH OFThe average distance between the front lot line and the rear lot line.
LOT, THROUGHAn interior lot, fronting on two parallel or approximately parallel streets.
MAJOR ARTERIAL HIGHWAYThis is the highest order of street or road. This classification of roadway carries the highest volume of traffic through the municipalities and county and does not provide for direct access from homes or commercial development.
[Amended 5-13-1998 by Ord. No. 98-11]
MEDICAL OR DENTAL CLINICAny building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.
MINOR ARTERIAL HIGHWAYThis classification of roadway generally provides for movement of vehicles larger in number than collectors and local roads, with no direct access from homes allowed. This classification of roadway receives volumes of traffic from collectors and provides inter- and intra-county accesses throughout the municipality and county.
[Amended 5-13-1998 by Ord. No. 98-11]
MOBILE HOMEA portable dwelling unit designed and built to be towed on its own chassis, comprised of frame and wheels, connected to utilities and designed without a permanent foundation for year-round living. A unit may contain parts that may be combined, folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity. This is not to include a sectional or modular home.
MOTELAny group of dwelling units, combined or separate, used for the purpose of housing transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facilities.
MOTOR VEHICLE, INOPERATIVEAny motorized vehicle incapable of immediately being driven or not properly licensed or inspected for safety in accordance with state law.
MULTIPLE OCCUPANCY OFFICEA use of a principal building wherein a combination of two or more complementary business, institutional, or professional entities occupy, on an integrated basis, separate floor space areas for office use.
NONCONFORMING STRUCTUREA structure lawfully existing on July 16, 1963, or on the effective date of an amendment of this chapter, and that could not be built under the terms of this chapter by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot.
[Added 1-28-2015 by Ord. No. 2014-09]
NONCONFORMING USEA use of a building or land lawfully existing on July 16, 1963, or at the time of amendment of this chapter and which does not conform to the use regulations of the district in which it is located.
[Amended 1-28-2015 by Ord. No. 2014-09]
NURSING HOMEIncludes rest homes, convalescent homes and homes for the aged and shall mean a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any persons not in need of extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, but who do require care in excess of room and board and who need medical, nursing, convalescent or chronic care.
[Amended 9-27-1978 by Ord. No. 101]
OFFICEA use of a building or part of a building designed, intended or used for the practice of a recognized profession, the carrying on of noncommercial retail business for profit, governmental functions, and/or the administration of a business or industry not conducted on the site thereof but excluding any retail commercial use, any industrial use, clinic, financial institution, place of amusement or place of assembly.
OFFICE, BUSINESSAn office use of a building or part of a building in which one or more persons are employed in the management, administration, direction or conducting of a business for profit.
OFFICE, INSTITUTIONALAn office use of a building or part of a building in which one or more persons are employed in the management, administration, direction or conducting of a governmental agency, nonprofit or charitable organization.
OFFICE, PROFESSIONALAn office use of a building or part of a building in which one or more professionally qualified and recognized persons and their staff serve clients or patients who seek advice, consultation or treatment.
OPEN SPACEMay include parks, playgrounds, landscaped areas, walkways, trails, putting greens and/or similar recreational uses. Areas for the exclusive use and enjoyment of each dwelling unit, areas within the lines of any public or private street or sidewalk (not including walkway), areas designed for off-street parking and other areas under roof or paved are not included within the meaning of "open space" and shall not be included in calculating the area of "open space" required by this chapter.
[Added 1-12-1983]
OUTLOTA parcel of land which is shown on a record plat but which is not to be occupied by a building or otherwise considered as a buildable lot within the meaning of this chapter. No zoning certificate shall be issued on any land so designated.
[Amended 8-10-2023 by Ord. No. 2023-03]
PATIOAn area, usually paved, adjoining a house and serving as an area for outdoor living.
[Added 12-9-1987]
PERSONAL SERVICESEstablishments primarily engaged in providing services involving the care of a person or his or her personal goods and apparel. Examples of personal services include laundry and dry cleaning dropoff; linen supply; diaper service; beauty shops and barber shops; tanning salons; nail salons; shoe repair; clothing rental; spas, gyms, and fitness centers; but does not include industrial laundry or dry cleaning.
[Added 2-28-2001 by Ord. No. 2000-9]
PLACE OF WORSHIPA building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship and which may include associated accessory uses.
[Added 2-28-2001 by Ord. No. 2000-9]
PLANThe policies, statements, goals and interrelated plans for private and public land use, transportation and community facilities documented in texts and maps which constitute the guide for the area's future development. For the purpose of this definition, the word "plan" shall include "General Plan," "Master Plan," "Comprehensive Plan," "Community Plan," and the like, as adopted in accordance with the Land Use Article of the Annotated Code of Maryland.
[Amended 8-10-2023 by Ord. No. 2023-03]
PORCHAn exterior appendage to a building, forming a covered approach or vestibule to a doorway.
[Added 12-9-1987]
PRIVATE CLUBAn incorporated or unincorporated association for civic, social, cultural, religious, literary, fraternal, political, recreational or like activities, operated for the benefit of its members and not open to the general public.
RECEPTION FACILITYA fixed site facility or establishment used solely for banquets, wedding receptions, recitals, corporate functions, organizational functions, celebrations, anniversaries and the like, as approved by the Zoning Administrator; held indoors or outdoors or both; by reservation and invitation only, with food and beverage brought on-site or prepared in an on-site kitchen approved by the Board of Appeals, the Maryland Health Department and any other applicable governmental agencies. Entertainment scheduled in conjunction with reserved invitation only events is permitted subject to all applicable noise regulations of the Town of Walkersville or Frederick County. A reception facility does not include a restaurant, bed-and-breakfast, or hotel open to the public. A reception facility does not include a place of worship as defined in this section §
88-2.
[Added 8-10-2011 by Ord. No. 2011-04]
RECYCLABLE SOLID WASTE MATERIALSReusable nonliquid material, including paper, cardboard, glass, plastic, nonferrous metals and other nonliquid materials which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.
[Added 11-12-2003 by Ord. No. 2003-09]
RECYCLING COLLECTION FACILITYA use conducted for private (nongovernment) and/or commercial (for profit) purposes by an owner or operator duly and currently licensed by all applicable governmental authorities that serves and operates as a dropoff point for temporary storage (not processing) of nonliquid "recyclable solid waste materials" (as herein defined). "Hazardous" or "toxic" materials as defined by Frederick County, State of Maryland, and/or federal laws, shall not be permitted to be dropped off and/or collected. All equipment and operations associated with a recycling collection facility (with the exception of motor vehicle access or parking), including but not limited to loading and unloading, shall be located and conducted inside a "building" (as defined herein) containing four walls and a roof, shielded from public view and "supervised" (as defined herein). The term "supervised" shall be defined for the purposes of the recycling collection facility as having an employee of the duly licensed recycling collection facility owner and/or operator on site and personally observing and monitoring all dropoff and/or collection activity.
[Added 11-12-2003 by Ord. No. 2003-09]
RESIDENTIAL PROPANE TANKPressure vessel filled with propane with a water capacity of up to 250 gallons designed to be permanently connected to a fireplace and/or to a heating and/or cooking device or equipment.
[Added 5-25-2005 by Ord. No. 2005-02]
ROADIncludes any public highway, thoroughfare, road, street, cul-de-sac or service road.
[Amended 5-13-1998 by Ord. No. 98-11]
ROAD, COLLECTORThis is the highest order of street that could be classified as residential. This class of street is necessary to carry traffic from one neighborhood to another or from the neighborhood to streets connecting to other areas in the community. Direct access to homes is discouraged onto collector roads.
[Amended 5-13-1998 by Ord. No. 98-11]
ROAD, LOCALThe local road or street comprises all facilities not in use of the higher order systems. It is intended to carry the least amount of traffic at the lowest speed and provide the safest and most desirable environment for a residential neighborhood, with the maximum number of homes fronting the street. The local street provides access to land adjacent to the collector network and serves travel over relatively short distances.
[Added 5-13-1998 by Ord. No. 98-11]
ROAD, SERVICEA local access road to provide a means of egress and ingress to a nonresidential development for the purpose of limiting access directly onto a collector or arterial roadway.
[Added 5-13-1998 by Ord. No. 98-11]
ROOMING HOUSEA dwelling in which lodging is furnished, for compensation, to three or more, but not exceeding nine guests. A "rooming house" shall not be deemed a home occupation.
SEARCH LIGHTA light that swivels and projects a far-reaching beam.
SELF-STORAGE WAREHOUSE FACILITYA building or group of buildings divided into separate compartments, designed to be rented or leased on a short-term basis to the general public for private storage of personal goods, materials, and equipment.
[Added 2-26-2003 by Ord. No. 2003-01]
SHOPPING CENTERA group of four or more retail stores, service establishments and other similar uses which are designed and developed as an integrated unit, including but not limited to required parking and any lighting, signage, landscaping and other appropriate amenities as determined by the Planning Commission.
[Added 9-26-1984]
SIGNAny structure or device (including but not limited to, letters, words, numerals, figures, emblems, pictures, or any part or combination) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. The term "sign" does not included any flag, badge, or insignia of any governmental unit, or any item of merchandise displayed within a show window of a business. This definition does not include delivery vehicles used in the operation of the business.
SIGN, BUSINESSA sign which directs attention to a business, commodity, service or other activity conducted upon the premises upon which the sign is located.
SIGN, FREESTANDINGAny sign standing on its own foundation or supporting structure or mounted on any fence or wall which is not an integral part of a building.
SIGN, INFORMATIONALA sign (other than real estate) of a "nonprofit" organization noting an event of general interest or special event such as a carnival, fund-raiser, etc.
SIGN, LOCATIONALA sign describing the location of a community or an institution of public or quasi-public nature, but not including signs pertaining to real estate.
SIGN, PERSONAL SERVICEName plates or signs designating home occupations, accessory uses, such as a doctor's office or similar use, or advertising exclusively the sale of farm products produced on the premises.
SIGN, POLITICALAny sign advocating for or against an issue on the ballot or the candidacy of any person for federal, state, county, or municipal elected position, whether primary or general election.
SIGN, PORTABLEA sign (other than real estate) which is not permanently mounted to a foundation or fixed building. This type sign may include, but is not limited to, portable sign boards, portable sign trailers, flags, banners, signs attached to merchandise, signs attached to vehicle or vehicle trailers (except company names and logos which are permanently painted on the vehicle or trailer), and signs displayed for a limited period of time and advertising goods or services.
SIGN, REAL ESTATEA sign advertising the sale, lease, rental or development of any particular premises or property or directing attention to the opening and location of a new subdivision, neighborhood, community, or business venture or site.
SPECIAL EXCEPTIONA grant of a specific use that would not be appropriate generally or without restriction and would be based upon a finding that certain conditions governing special exceptions, as detailed in this chapter, exist and that the use conforms to the plan and is compatible with the existing neighborhood.
STORYThat portion of a building 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 such floor and the ceiling next above it. A basement shall be counted as a story if it is used for business or dwelling purposes. A mezzanine floor shall be counted as a story if it covers more than 1/3 of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is 20 feet or more.
STREETA public or dedicated way or a public proposed right-of-way, widening or extension of an existing street or public way shown on any plan approved by the Commission.
STRUCTURAL ALTERATIONAny change in the structural members of a building, such as walls, columns, posts, beams or girders.
STRUCTUREAnything that is erected, built or constructed of parts joined together with a fixed location on or under the ground, or attached to something having a fixed location in, on or under the ground, including but not limited to buildings; walls; decks; signs; fences; sheds; garages; gazebos; towers; swimming pools; water tanks; fuel tanks; play equipment; newspaper boxes; vending machines; mailboxes; utility poles; pipes; stormwater management structures; sculptures; lawn ornaments; bleachers; backstops; scoreboards; stadiums; reception, entertainment or assembly tents; stagings; platforms; reviewing stands; trestles, railroad tracks; pavements; curbs; walks; driveways; and patios.
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 and 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 to be used for swimming or wading.
SWIMMING POOL, COMMERCIALA swimming pool and/or wading pool, including buildings necessary or incidental thereto, open to the general public and operated for profit.
THEATER, DRIVE-IN OR OUTDOORIncludes only those areas, buildings or structures designed and used for the commercial outdoor exhibition of motion pictures or stage presentations to the general public.
TOURIST CABIN CAMPAny lot, parcel or tract of land, together with such open spaces as are required under the provisions of this chapter, upon which there are located one or more cottages or cabins used, designed, maintained or held out for the accommodation of transient guests, whether or not a charge is made therefor.
TOURIST HOMEA dwelling in which lodging only is provided or offered for compensation, to not more than 12 transient guests. A "tourist home" shall not be deemed a home occupation.
TOWNHOUSEOne of a series of three or more attached dwelling units separated from one another by continuous vertical party walls, with each dwelling unit located on a separate lot.
[Amended 1-12-1983]
USEAny purpose for which a lot, parcel or tract of land, building, or other structure may be designated, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a lot, parcel or tract of land.
USE, ACCESSORYA use of a lot, parcel or tract of land that is customarily incidental and subordinate to the principal use or structure of that lot, parcel or tract of land and is located on the same lot, tract or parcel of land with such principal use.
USE, PRINCIPALThe main, primary or dominant purpose for which a lot, parcel or tract of land or the principal structure thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained.
USE, SPECIAL EXCEPTIONA use which may be permitted in a district through the granting by the Board of Appeals of a special exception, as defined in this section, upon a finding by the Board that it meets specified conditions.
[Amended 9-27-1978 by Ord. No. 101]
VARIANCEA modification only of density, bulk or area requirements in this chapter where such modifications will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of any action taken by the applicant, a literal enforcement of this chapter would result in unnecessary hardships.
VENDING MACHINEA machine, rack, or stand that dispenses merchandise or free items.
WAYSIDE STANDA temporary structure designed, arranged or used for the display or sale of agricultural or other products grown or produced on the premises upon which such stand is located.
WELLHEAD PROTECTION AREAThat area as defined and described in Chapter
85A of the Town Code and as shown on the Zoning Map within the Wellhead Protection Overlay District.
YARDOpen space on the same lot with a building or group of buildings, said open space lying between the building or outer building of a group and the nearest lot or street line and unoccupied and unobstructed from the ground upward, except as provided in this chapter.
YARD OR GARAGE SALEA sale by an owner or tenant of residential property, limited to household items owned by residents of said residential property.
[Added 8-25-2004 by Ord. No. 2004-08]
YARD, FRONTOpen space extending across the full width of a lot between the front lot line or the proposed front street line and the nearest line of the building or any enclosed portion thereof. The depth of such yard shall be the shortest horizontal distance between the front lot line or proposed front street line and the nearest point of the building or any enclosed portion thereof. Second story overhang, roof overhang, unenclosed porches or similar architectural features are excluded from the measurement if they do not project more than six feet.
YARD, REAROpen space extending across the full width of the lot between the rear line of the lot and the nearest line of the building or porch, or projection thereof. The depth of such yard is the shortest horizontal distance between the rear lot line and the nearest point of the building. Second-story overhang, roof overhang, unenclosed porches or similar architectural features are excluded from the measurement if they do not project more than six feet.
YARD, SIDEOpen space between the side lot line, the side street line or the proposed side street line, if such line falls within the lot, and the nearest line of the foundation of the building or porch, or projection thereof, extending from the front yard to the rear yard or, in the absence of either of such yards, to the front lot line and/or rear lot line. The width of the "side yard" is the shortest horizontal distance between the side lot line and the nearest point of the foundation of the building, porch or projection. Second-story overhang, roof overhang, unenclosed porches or similar architectural features are excluded from the measurement if they do not project more than six feet.
[Amended 9-27-1978 by Ord. No. 101]
ZONEAn area within which certain uses of land and buildings are permitted and certain others are prohibited; yards and other open space are required; and lot areas, building height limits and other requirements are established, all of the foregoing being identical for the "zone" in which they apply.
ZONING ADMINISTRATORA person or agency, designated by the Burgess and Commissioners, who administers the zoning regulations and acts as Secretary to the Board of Appeals.
ZONING CERTIFICATEA written statement issued by the Zoning Administrator, authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
ZONING MAPThe Zoning Map of the Town of Walkersville, together with all amendments thereto subsequently adopted.