The apartment shall be no larger than 50% of the square footage of the residence.

All parking for the apartment is appropriately located as specified by the Board of Appeals.

No accessory apartment may be constructed on any property which has exercised the option of renting of guest rooms under the provisions of this chapter.

ACCESSORY BUILDINGA building detached from and subordinate to a main building on the same lot, or an adjacent lot under the same ownership, and used for purposes customarily incidental to the use of the main building or to any agricultural use.

MAIN BUILDING/PRINCIPAL BUILDINGA building in which is conducted the principal use or uses of the lot on which it is situated.

Transforms cannabis into another product or an extract and packages and labels the cannabis product; and

Is authorized by the Administration to provide cannabis to licensed dispensaries and registered independent testing laboratories.

A market analysis related to the type of uses proposed, e.g., office, retail, lodging, housing, and industrial uses. This study shall include an estimate of the existing supply and reasonable forecasts of future demand for the kind of uses proposed. It shall be used to determine the extent of existing facilities of a type similar to that proposed and shall be used to estimate when development may be needed in the community.

An impact study related to the quantity and type of public facilities and services needed for the proposed development. This study should include an estimate of the adequacy of the public facilities needed to serve the proposed development, an estimate of the tax revenues accruing to the community from the proposed development, and an estimate of the cost of public improvements and services required to serve the development. Estimates should include the cost of those improvements needed immediately to serve the development and those that may be needed in the future. The impact study related to services and improvements should include, where applicable, but not be limited to, public services and improvements such as schools, transportation facilities and services, utilities, including sewerage, water mains and storm drains, police and fire protection, refuse collections and disposal, recreation facilities, etc. Where additional public facilities are needed to adequately serve the development, the Wicomico County Capital Improvements Program should be researched for planned future improvements. Methods should be proposed for creating needed public facilities not otherwise provided for.

An environmental assessment. (See definition below.)

A traffic impact study that conforms to the Maryland State Highway Administration's Traffic Impact Study methodology.

ELDERLYA home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given for a part of a twenty-four-hour day to not more than 15 elderly or disabled persons, located outside of the home of the elderly or disabled person and where compensation is paid for the care. "Elderly" are considered those people who are 62 years of age or over.

FAMILYA home or facility, licensed/registered by the appropriate state and/or county health or welfare agency, where care is given, for a part of a twenty-four-hour day, to not more than eight children, located outside of the home of the legal guardian and where compensation is paid for the care.

CENTERAn agency, institution or establishment licensed/registered by the appropriate state agency, that for part of a twenty-four-hour day, on a regular basis, offers or provides child care to nine or more children who do not have the same parentage.

A person(s) determined to have physical or mental impairments which:

Such term does not include current, illegal use of or addiction to a controlled substance but does include individuals who are currently participating in a supervised drug rehabilitation program, coupled with nonuse.

Reasonable accommodations for the handicapped shall be offered when housing is:

DWELLING, ATTACHEDA dwelling which is joined to another dwelling at one or more sides by a party wall or walls.

DWELLING, DETACHEDA building containing one dwelling unit on one lot and physically separated from any other dwelling.

DWELLING, MULTIFAMILYA building containing three or more dwelling units with shared or individual entrances and/or other essential facilities and services. This term shall not be deemed to include motel, hotel, rooming house or other accommodations used for more or less transient occupancy.

DWELLING, TOWNHOUSESee "townhouse."

A description of the natural, cultural, historic and archeological features and characteristics of a proposed development site;

A discussion of the proposed development project and the changes that will occur to the features and characteristics listed in Subsection (1) above as the result of proposed development activities on the site;

An assessment of the anticipated environmental impacts and consequences of the proposed development; and

A discussion of any proposed mitigation measures to be taken to minimize undesirable impacts to the environment.

COMMERCIAL FLOOR AREAThe total number of square feet area in a building used for commercial purposes.

GROSS FLOOR AREA (GFA)The aggregate area of all floors, including the area of the outside walls, and measured to the exterior of such walls.

In the Critical Area a "forest" is defined as a biological community dominated by trees and other woody plants. This also includes forests that have been cut but not cleared.

Elsewhere a "forest" is defined as a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.

Forest does not include orchards but does include:

CORNER LOTA lot at the junction of and abutting on two or more intersecting streets, or a lot bounded on and abutting to more than one side by the same street.

INTERIOR LOTA lot which abuts on only one street.

THROUGH LOTA lot, other than a corner lot, which fronts upon two parallel public or private roads or which fronts upon two public or private roads which do not intersect at the boundary of the lot and which has no rear lot line.

FRONT LOT LINEThat boundary for a lot which is along a street. In the case of a corner or through lot, both boundaries along a public way shall be considered "front lot lines."

REAR LOT LINEThe lot line opposite and most distant from the front lot line.

SIDE LOT LINEAny lot line other than a front or rear lot line.

MANUFACTURED HOME, DOUBLE-WIDEA manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and which, once constructed on-site, is 24 body feet in width or more and 40 body feet or more in length.

MANUFACTURED HOME, SINGLE-WIDEA manufactured home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a double-wide manufactured home and is up to 24 feet in width and 40 feet long.

RESTAURANT, DRIVE-THRU OR FAST-FOODAny establishment where prepared food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-thru window or while parked.

Streams and their buffers;

One-hundred-year floodplains;

Habitats of threatened and endangered species;

Steep slopes (15% or more); and

Any other areas determined by the county.

SHOPPING CENTER, NEIGHBORHOODShopping center serving the surrounding neighborhood ranging in size from 5,000 square feet to 30,000 square feet of gross floor area.

SHOPPING CENTER, COMMUNITYShopping center serving the community at large ranging in size from 30,000 to 300,000 square feet of gross floor area.

SHOPPING CENTER, REGIONALShopping center serving an area of greater population than the county, ranging in size from 300,000 square feet of gross floor area and larger.

BANNERAny sign of lightweight fabric or similar material that is mounted to a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

COMMERCIAL SIGNAny sign belonging to or controlled by the owner or occupant of a building or premises which is used to identify the building or premises or the products or services sold therein or thereon.

FLASHING SIGNA sign, the illumination of which is not kept stationary or constant in intensity at all times when in use, except that illuminated signs which indicate the temperature, date or similar public service information shall not be considered flashing signs.

FREESTANDING SIGNA pedestal or ground sign.

INDIRECTLY ILLUMINATED SIGNAn illuminated, nonflashing sign whose illumination is derived from an external artificial source so arranged that no direct rays of light are projected from such sources into any residential district or public street.

OUTDOOR ADVERTISING STRUCTUREAny poster panel, billboard, painted bulletin or other structure, device, surface or display used for advertising purposes which is not located on the premises of the business advertised.

INTERMITTENT STREAMA stream in which surface water is absent during part of the year. Intermittent streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or field located. Intermittent streams shall be identified in the field and accurately drawn on all development plans.

PERENNIAL STREAMA stream containing surface water throughout an average rainfall year. Perennial streams may be found on the most recent U.S.G.S. 7.5 Minute Quadrangle published by the United States, the Wicomico County Soil Survey, or may be located by field check.

TRIBUTARY STREAMPerennial and intermittent streams that flow into a larger stream or body of water and located in the Critical Area that are so noted on the most recent U.S.G.S. 7.5 Minute Quadrangle Maps or on more detailed maps or studies at the discretion of the county.

STREET, COLLECTORA street whose principal function is to carry traffic between minor, local, and subcollector streets and arterial streets but that may also provide direct access to abutting properties and is designated as a "collector street" on the county's approved functional classification map or, if not shown on such plans, as designated in the Wicomico County Comprehensive Plan.

STREET, LOCALA street whose principal function is to provide direct access to abutting properties. A local street shall be defined as those roadways not classified as "collector" or "arterial" roadways on the county or state functional classification maps or the Wicomico County Comprehensive Plan. Local streets shall be those roadways built to serve new subdivisions.

STREET, PRIVATENonpublicly owned vehicular accessway serving two or more abutting properties.

STREET, PUBLICA vehicular accessway for public use, owned or maintained by the city, county, state or federal government, or any other such public accessway for vehicles designated by the County Council.

The word "structure" shall be construed as though followed by the words "or part thereof."

For the purposes of this chapter, the term "structure" shall not include awnings, chimneys, lawn furniture, birdbaths, roof-mounted antennas, driveways, sidewalks, exterior lighting fixtures, mailboxes, fire hydrants, fences, temporary structures no larger than 50 square feet in size nor 30 inches in height, survey monuments, tree houses and shelters for school children not over 50 square feet in size, light poles and other decorative lawn poles not over six inches in diameter, roof overhangs of the principal building no greater than four feet and porches, patios, steps, stoops and decks, unenclosed by walls or roof, not over 30 inches high above grade and attached to the principal building.

Determination of whether similar minor structures not listed above are governed by the setback provisions of this Code shall be made in writing by the Planning Commission on a case-by-case basis.

USE, ACCESSORYA use which is customarily incidental and subordinate to the principal use of a lot or the main building thereon and located on the same lot as the principal use or building or on an adjacent lot under the same ownership.

USE, PERMITTEDA use specifically listed in the Table of Permitted Uses[1] as a permitted use and which may be lawfully established in a particular district or districts, provided that it conforms with all regulations, requirements and standards of such district. Permitted uses do not include special exception and nonconforming uses.

USE, PRINCIPALThe primary purpose for which a lot or the buildings thereon is designed, arranged, or intended and for which it is or may be used, occupied or maintained.

Including, but not limited to:

Excluding all electric generating facilities and electric transmission lines of greater than 69,000 KV.

FRONT YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the front lot line.

REAR YARDAn open space, unoccupied and unobstructed, extending the full width of the lot between any part of any building setback line and the rear lot line.

SIDE YARDAn open space, unoccupied and unobstructed, extending from the front lot line to the rear lot line between any part of any building setback line and the nearest side lot line.