This chapter will be known and may be cited as the town zoning ordinance. The zoning ordinance includes both the text of the regulations and the official zoning map herein adopted.

(Code 1992, § 180-1.1)

This chapter is established in accordance with the provisions of Ann. Code of Md., Land Use article, title 4 (Ann. Code of Md., Land Use article, § 4-101 et seq.).

(Code 1992, § 180-1.2)

(a)

The owner or lessee of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist shall be subject to a fine of up to $100.00. Each and every day that such violation continues may constitute a separate offense.

(b)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the appropriate authorities of the town, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of said building, structure or land.

(Code 1992, § 180-2.6)

State law reference— Ordinance violations, Ann. Code of Md., Local Government article, § 6-101 et seq.

This chapter is adopted with the intent that regulations shall be made in accordance with the comprehensive plan and designed to:

(1)

Classify, regulate and limit the height, area, bulk and use of buildings;

(2)

Regulate and determine the area of open space around buildings;

(3)

Regulate and determine the use and intensity of use of land with respect to natural hazards;

(4)

Divide the town into zoning districts of such number, shape, area and classes as are deemed best suited to carry out these purposes;

(5)

Establish standards to which structures in the town shall conform;

(6)

Prohibit uses or structures incompatible with the character of such districts; and

(7)

Provide for the establishment of a board of appeals and prescribe its powers and duties.

(Code 1992, § 180-1.3)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort and general welfare.

(Code 1992, § 180-1.4)

Words used in the present tense include the future. All words in the singular include the plural and all words in the plural include the singular. The word "shall" is mandatory and directory. The word "used" shall be deemed to include "designed, intended or arranged to be used." If a word is not covered in this section, refer to Webster's Dictionary for a general definition. For the purposes of this chapter, certain terms or words used herein shall be interpreted as follows:

Accessory structure means a structure customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.

Accessory use means a use of a building, lot or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.

Alley means a right-of-way, which provides secondary service access for vehicles to the side or rear of abutting properties.

Amendment means any 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.

Assisted living facility means a facility that provides housing and supportive services, supervision, personalized assistance, health related services, or a combination thereof, to meet the needs of individuals who are unable to perform or who need assistance with the activities of daily living.

Attached means when used with reference to two or more buildings, means having one or more common walls or being joined by a covered porch or passageway.

Automobile repair station means a building, 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 businesses.

Automobile sales lot means a 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 station means any area of land, including buildings and other structures thereon, that is 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.

Basement means that 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 breakfast inn or bed and breakfast means any residential dwelling in which rooms are rented to paying guests on an overnight basis with not more than one meal served daily, the entire service to be included in one stated price.

Billboard means 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.

Block means that 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 railroad right-of-way, un-subdivided acreage, river or live stream or between any of the foregoing divided acreage, river or live stream or between any of the foregoing and any other barrier to the continuity of development.

Board means and refers to the town board of appeals.

Building means a 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 coverage means the area of a lot covered by buildings or roofed areas, but excluding ground level paving, landscaping, open recreational facilities, balconies, and similar features.

Building setback line means a 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.

Bulb means a lamp that produces the actual light.

Carport means a roofed space used as shelter for a parked vehicle.

Cellar means that 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 a portion of a building shall not be used for habitation.

Cemetery means a 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.

Change, when used in reference to a land use, means the replacement of an existing use with a new use, or a change in the nature of an existing use. A change of ownership, tenancy, name, or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use.

Commission refers to the town planning commission.

Commissioners refers to the town commissioners.

Common area means an area held, designed, or designated for the common use of the owners or occupants of a townhouse project, mixed use development, apartment, condominium, or subdivision.

Comprehensive plan means the plan adopted by the town commissioners in accordance with Ann Code of Md., Land Use article, title 3 (Ann. Code of Md., Land Use article, § 3-101 et seq.).

Continuing care retirement community means a building or group of buildings providing a continuity of residential occupancy and health care for elderly persons and meeting the standards of the Annotated Code of Maryland for a facility of this type. The facility includes dwelling units for independent living, assisted living, skilled nursing care or a combination thereof. The use may include ancillary facilities for the further employment, services or care of the residents. The facility is restricted to persons 60 years of age or older or couples where a spouse is 60 years of age or older.

Daycare center means a day nursery, child boarding home, day camp, summer camp, foster home or other place for the reception, board or care for compensation of a child or children under 16 years of age.

Detached dwelling means a building designed to provide living facilities entirely separated from any other building or structure by space on all sides.

Development means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.

Direct light means light emitted directly from, through or off of the lamp, reflector, reflector diffuser, refractor or diffuser lens of a light source.

Driveway means a surfaced area providing vehicular access between a street and an off-street parking or loading area.

Duplex dwelling means two dwelling units arranged on abutting lots and separated from each other by a continuous vertical party wall on the dividing lot line without openings from the lowest floor level to the highest point of the roof. Such dwellings shall be separated from any other structure by yards on all sides.

Dwelling means a 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 unit means a residential unit other than a mobile home providing complete, independent living facilities including permanent provisions for living, sleeping, eating, and cooking.

Elderly accessible dwelling means rental dwellings accessible to persons 62 years of age or older or handicapped persons who are qualified as elderly under federal housing programs.

Enclosed means a roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.

Essential services means the 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, cross arms, guy wires, towers, repeaters, boosters, 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 the 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.

Family means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons, not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.

Flood or spot light means any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.

Footcandles means the amount of light striking a surface. One footcandle is one lumen per square foot, or the amount of light given off by a wax candle striking a one-foot square surface, which is one foot from the candle.

Front lot line means a lot line which abuts a road.

Front yard means an open space extending across the full width of the lot between the front lot line or the proposed front street line and 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.

Frontage means the 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.

Full cutoff means a light fixture, which cuts off all upward transmission of light.

Fully shielded means a fixture with housing or an attachment which prevents light from being emitted directly by the bulb or lamp, such that it prevents a line of sight to the bulb when viewed from another property and prevents light rays from being emitted at angles above the horizontal place as certified by any photometric test report, if required.

Garage means an accessory structure or portion of a principal building designed, arranged or used for the housing of motor vehicles.

Glare means light emitting from a light source with intensity great enough to reduce a viewer's ability to see, resulting in annoyance or discomfort as well as loss of visual performance.

Group home means a residence that admits at least four but not more than eight individuals who require specialized living arrangements and provides health services and supervision to those individuals. An assisted living facility of at least four but not more than eight individuals is not deemed a group home but is permitted as such.

Height, when used in reference to a building, means the vertical distance from the average of the highest and lowest grades adjacent to the building to: for a flat roof, the highest point of the coping; for a mansard roof, the deck line; for a pitched or hip roof, the average height of the highest gable; or for other roof styles, the highest point of the building.

Home occupation means any occupation or business use conducted entirely within a dwelling or accessory structure of less than 700 square feet, or both, by a resident of the property that is clearly an incidental use of such building; and excluding boardinghouses or roominghouses or tourist homes, commercial repair or storage of automobiles, watercraft or other motor vehicles, kennels, antique shops, restaurants, tea rooms, professional offices and private educational institutions; provided that any equipment used does not emit uncomfortable or harmful amounts of noise, vibration, heat, glare, smoke, odor or other obnoxious elements.

Homeowner's association means an incorporated, nonprofit organization operating under recorded land agreements through which include the provision that each lot or home owner 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.

Hospital means any institution receiving inpatients and rendering medical, psychological, surgical or similar service. This definition includes general hospitals and special service institutions, including the following specialties: cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin or cancer, mental, chronic disease, obstetrics, sanitariums or sanatoriums, including those that serve the feeble minded, mental patients, epileptics, alcoholics, senile, psychotics or drug addicts.

Hotel means any building containing availability for ten or more guest rooms where, for compensation, lodging and/or meals can be provided for ten or more guests, excluding a fraternity or sorority house, school or college dormitory, tourist home, motel or apartment hotel.

IESNA means Illuminating Engineering Society of North America.

Industrial park means a tract of land eminently suitable for industrial use subdivided and developed according to a comprehensive plan for occupancy by a group of industries and equipped with streets/sidewalks, water/sewer and utilities. Industries must agree to accept certain standards of performance that are designed to protect the environment of the community.

Junkyard means any land or building used for the abandonment, storage, keeping, collecting or bailing 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, machinery, or parts thereof.

Lamp means a light source, which may include a bulb that produces the actual light.

Light trespass means light projected onto a property from a fixture not located on that property.

Lighting fixture means the assembly that houses the lamp or bulb, which may include a housing, mounting bracket, pole socket, lamp holder, ballast, reflector or mirror, and/or refractor or lens.

Loading space means an area used for loading or unloading goods from a vehicle in connection with the use of the site on which the loading space is located.

Lot means a parcel of land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as required, and having frontage on a public right-of-way unless where excepted in this chapter.

Lot area means the total horizontal area of a lot as determined by the closure of the rear, side and front lot lines, but does not include area lying within the street.

Lot depth means the average distance between the front and rear lot lines of a lot.

Lot types includes the lots with the following definitions:

(1)

Corner lot means a lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135 degrees.

(2)

Interior lot means a lot with only one frontage on a street other than an alley.

(3)

Through lot means an interior lot fronting on two parallel or approximately parallel streets.

Lumens means a unit used to measure the actual amount of light produced by a bulb or lamp. One thousand eight hundred lumens is the output of a 100-watt incandescent lamp.

Luminaire means a complete lighting system, including the bulb, lens, fixture, diffuser and/or reflective enclosure.

Mobile home means a 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. This is not to include a modular home.

Monumented sign means A monumented sign (also known as a monument sign) is defined as a sign above grade, which is mounted or attached to a wide base or grade. These signs are composed of a sign face and a sign base. The base and architectural detail must be consistent with the character of the primary structure.

Motel means any 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.

Nonconforming structure means a structure lawfully existing at the time this and/or previous ordinances or amendments hereto became effective and which does not conform with the use regulations of the zone in which it is located.

Nonconforming use means a use of a building or of land lawfully existing at the time this and/or previous ordinances or amendments hereto became effective and which does not conform with the use regulations of the zone in which it is located.

Nursing home means a facility that provides treatment and nursing care by, or supervised by, a registered or practical nurse for two or more unrelated individuals suffering from an illness, diseases, deformities or injuries who do require extensive or intensive care such as normally provided in a general or other specialized hospital.

Open space means an outdoor or unenclosed area, located on the ground or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, excluding parking facilities, driveways, utility, and service areas.

Outdoor lighting means nighttime illumination of an outside area or object by any device located outdoors that produces light by any means.

Outdoor temporary lighting means the specific illumination of an outdoor area for a period of less than ten days, with at least 180 days passing before being used again, except for emergencies.

Outlot means a 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.

Parking space means an area designated for parking a motor vehicle, excluding an area in a public right-of-way.

Permitted use means a use of property authorized by this chapter.

Principal use means the primary function of a site, building, or facility.

Private club means an incorporated or unincorporated association for civic, social, cultural, religious, literary, fraternal, political, recreational or similar activities, operated for the benefit of its members and not open to the general public.

Professional office means rooms and/or buildings used for office purposes by a member of any recognized profession, including doctors, dentists, lawyers, accountants, engineers, veterinarians, etc., but not including medical or dental clinics or veterinary clinics.

Rear lot line means the 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 ten 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 ten 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.

Rear yard means open space extending across the full width of the lot between the rear line of the lot and the nearest line of the building, 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.

Road includes a street, highway, avenue, land, marginal access street, service drive, alley, bridge, viaduct or any segment thereof.

Screened means hidden from the view of a person standing at ground level on an abutting site by an architectural or landscape feature that is, or will grow to, at least six feet in height.

Side lot line means any lot line other than a front lot line or a rear lot line.

Side yard means open 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, 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 a 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.

Sign means any structure or device, in whole or part, which uses symbolic representations to direct attention, to identify or advertise any activity, person, group of people or thing and which is located upon any land or any building, in or upon a window or indoors in such a manner as to attract attention from outside the building.

Single-family dwelling means a building containing not more than one dwelling unit.

Site plan means a graphic representation of a development plan as required by this chapter.

Special exception means a 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.

Street means a 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 alteration means any change in the structural members of a building, such as walls, columns, posts, beams or girders.

Structure means an assembly of materials forming a construction for occupancy or use, including, among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio and television broadcasting towers, water tanks, trestles, open sheds, coal bins, shelters, fences, walls, signs, power line towers, pipelines, railroad tracks and poles.

Total floor area of building means the 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 structures on the same lot. All horizontal measurements shall be made between interior faces of walls.

Town council means the burgess and commissioners of the town.

Townhouse dwelling means one of a series of at least three and no more than eight attached dwelling units separated by continuous party walls, which are without openings from the lowest floor level to the highest point of the roof.

Use means the principal purpose, for which a lot of the main building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained.

Variance means a 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.

Watt means a unit used to measure the amount of electrical energy consumed by a lamp.

Yard means an open space on the same lot with a building or group of buildings 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.

Zone means an 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 administrator means a person or agency designated by the burgess and commissioners, who administers the zoning regulations and acts as secretary to the board of appeals.

Zoning certificate means a 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 map means the zoning map of the town, together with all amendments thereto subsequently adopted.

(Code 1992, § 180-1.5; Ord. of 9-13-1993)