223-2. Definitions.

[Amended 11/28/00 by Ord. No. 00-09; 04/04/01 by Ord. No. 01-03; 6/27/01 by Ord. No. 01-06; 09/17/01 by Ord. No. 01-11; 04/04/02 by Ord. No. 02-07; 08/29/06 by Ord. No. 06-11; 08/14/07 by Ord. No. 07-14; 05/06/08 by Ord. No. 08-02; 04/07/09 by Ord. No. 09-02]

In this chapter the following terms have the meanings indicated. Any words not defined herein shall have their generally accepted meaning.

ACCESSORY DWELLING UNIT -- An additional attached or detached dwelling unit on a lot with a principal dwelling unit. [Added 11/28/00 by Ord. No. 00-09]

ACCESSORY USE -- A use of land or all or part of a building which is customarily incidental and secondary to the principal use of the property and which is located on the same lot with the principal use.

ADULT ENTERTAINMENT BUSINESS -- An adult store or an adult movie theater. [Added 04/04/01 by Ord. No. 01-03]

ADULT MOVIE THEATER -- A business establishment open to the public, or to members, that maintains display devices for viewing on the premises, files, videos or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities. This does not include a motion-picture theater which has seating for at least 50 persons per screen. [Added 04/04/01 by Ord. No. 01-03]

ADULT STORE -- A business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed or otherwise viewable material, or any sexually oriented paraphernalia, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities. The term does not include a motion-picture theater which has seating for at least 50 persons per screen.  [Added 04/04/01 by Ord. No. 01-03]

AGRICULTURAL OR AGRICULTURAL PURPOSES -- The raising of farm products for use or sale, including livestock 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, and including stables for boarding and training horses.

AIR FIELD -- A strip of land designed and altered to accommodate the takeoff and landing of aircraft.

AIRPORT -- An area or tract of land including one or more airfields designed and intended to be used for and maintained as a facility to accommodate the takeoff and landing of aircraft and for receiving and discharging of passengers and/or cargo and that usually has facilities for the shelter and repair of aircraft.

AMUSEMENT ARCADE -- Any facility for the use or operation of 5 or more game machines.

APARTMENT -- An area within a two-family or multifamily dwelling arranged or designed as one dwelling unit.

APARTMENT BUILDING -- Any building having or designed to have 3 or more apartments.

ASSISTED-LIVING FACILITY -- A facility to provide housing and supportive services, supervision, personalized assistance, health-related services, or a combination thereof, that meets the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living in a way that promotes optimum dignity and independence for the individuals. [Added 06/27/01 by Ord. No. 01-06]

ATTACHED ACCESSORY DWELLING -- A portion of a single-family dwelling that shall provide complete, independent living facilities for sleeping, eating, cooking and sanitation within the main dwelling unit, but which is separate from the main dwelling unit's cooking area, bathroom(s) and living areas. [Added 11/28/00 by Ord. No. 00-09]

AUTOMOBILE SERVICE CENTER -- Land and buildings in which any or all of the following are conducted: 

A. The retail sale and installation of motor vehicle parts, accessories, and lubricants, including but not limited to tires, batteries, mufflers, brakes, radiators, lights, ignition system parts, oil, grease, and coolants for automobiles, pickup trucks and similar passenger-type vehicles; and

B.  General automotive repair but excluding body repairs and vehicle painting or spray booths.

[Added 08/29/06 by Ord.No. 06-11] 

BED-AND-BREAKFAST -- Any owner-occupied, residential dwelling in which rooms are rented to paying guests on an overnight basis. [Amended 04/07/09 by Ord. No. 09-02]

BOARD -- The Board of Zoning Appeals.

BORROW PIT -- An area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance.

BUILDING -- An enclosed structure, anchored to a permanent foundation and having exterior or party walls and a roof designed for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

BUILDING HEIGHT -- The vertical distance from grade plane to the height of the highest roof surface. [Amended 04/07/09 by Ord. No. 09-02]

BUILDING SUPPLIES -- Materials directly associated with building construction, including but not limited to lumber, hardware, hand tools, paint, prefabricated doors, windows, frames, roofing, and roofing supplies, plumbing, and electrical supplies.

BULK REQUIREMENTS -- The minimum dimensions relating to the size or volume of structures or uses, including lot area, lot width, and yard requirements. [Added 04/07/09 by Ord. No. 09-02]

BUSINESS PARK -- Two or more uses, as those uses are delineated and as regulated in the underlying zoning district on one or more lots or parcels, designed as a unit with a common development scheme, with special attention given to aesthetic considerations, lighting, landscaping, and open space, and primarily served by common accessories or amenities such as signs, parking, arcades, and walkways. [Added 08/14/07 by Ord. No. 07-14; amended 04/07/09 by Ord. No. 09-02]

CEMETERY -- A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination thereof.

COMMERCIAL CAMPING AREA -- Any tract of land not less than 5 acres which is designed, maintained, or intended for the purpose of supplying a location or accommodation for 2 or more tents, recreational vehicles, or other camping vehicles as sleeping quarters for persons engaged in recreational or vacation activities, except where the facilities are maintained for private use of the land owner. [Amended 04/07/09 by Ord. No. 09-02]

COMMERCIAL PARKING LOT OR GARAGE -- A lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of motor vehicles for consideration, but not including service or repair facilities, vehicles sales, or storage of dismantled or wrecked motor vehicles, parts thereof, junk, or storage of recreational or commercial vehicles. [Amended 04/07/09 by Ord. No. 09-02]

COMMISSION -- The Carroll County Planning and Zoning Commission.

COMMUNICATIONS TOWER -- A structure to support radio, cellular telephone and television transmission antennas; microwave relay towers; monopoles; and similar structures for transmission or reception and retransmission of electronic signals.  "Communications tower" includes accessory equipment buildings that do not have office space.  "Communications tower" does not include amateur radio operator antennas which are accessory to a residential use and television antennas which are accessory to a residential use.

A. A "freestanding tower" stands without support of guy wires or cables.

B. A "guyed tower" depends upon a pattern of supporting cables for its stability.

COMMUNICATIONS TOWER COMPLEX:

A. Any single parcel of land on which are situated or proposed to be situated 2 or more communications towers; or

B. More than one tower being used for a common purpose or enterprise and located on contiguous parcels.

CONDITIONAL USES -- Uses which are specified for Board approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with  223-186 and 223-191. The term "conditional use" shall constitute the same meaning as "special exception" specified as one of the general powers of the Board of Zoning Appeals in accordance with Article 66B of the Annotated Code of Maryland.

CONTIGUOUS -- The sharing of a common property line other than a corner, except where otherwise provided in this chapter. [Added 04/04/02 by Ord. No. 02-07]

CONTINUING CARE RETIREMENT COMMUNITY (CCRC) -- A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted-living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of the residents; it may include ancillary facilities for the further employment, service or care of the residents. The facility is restricted to persons 55 years of age or older or couples where either occupant is 55 years of age or older. [Added 06/27/01 by Ord. No. 01-06; amended 04/07/09 by Ord. No. 09-02]

CONTRACTOR -- A person or entity engaged in the following or similar:  carpentry, cleaning, construction, electrical, excavation, exterminating, heating/air conditioning, home improvement, landscaping, masonry, painting, paving, plumbing, roofing, septic system, snow removal, and well drilling. [Added 04/07/09 by Ord. No. 09-02]

CONTRACTOR'S EQUIPMENT STORAGE -- The use of any space, whether inside or outside a building, for the storage or keeping of contractor's equipment or machinery, including building materials storage, construction equipment storage or landscaping equipment and associated materials. [Amended 04/07/09 by Ord. No. 09-02]

COTTAGE INDUSTRY -- Manufacturing or assembly conducted by a member or members of the family residing on the property with no more than 2 nonresident employees. The use is not a cottage industry if it generates traffic, parking, sewerage, or water use to a greater extent than would normally result from residential occupancy; includes inventory or merchandise kept for sale on the premises; changes the external appearance of the dwelling and is visible from the street; includes any outside storage or display, other than a sign not exceeding one foot by 2 feet; and creates a hazard to any person or property; results in electrical interference, or becomes a nuisance. [Amended 04/07/09 by Ord. No. 09-02]

COUNTRY CLUB -- A private club which offers recreational facilities, such as swimming, golf, or tennis, to its members and guests and may provide dining facilities or host catered events. [Added 04/07/09 by Ord. No. 09-02] 

COUNTRY INN -- Any dwelling in which rooms are rented to paying guests on an overnight basis with meals served daily.  A country inn may also provide catering and facilities for banquets, weddings, receptions, reunions, and similar one-time events which are not open to the public generally. [Amended 04/07/09 by Ord. No. 09-02]

CURTILAGE -- Buildings and areas in close proximity to a dwelling which are habitually used for residential purposes.

CUSTOM -- A service or retail establishment which has no more than 5 full-time equivalent employees, providing special orders to the specifications of an individual purchaser with artisan fabrication quality. [Added 04/07/09 by Ord. No. 09-02]

DAY-CARE CENTER -- A facility licensed for the care of more than 8 children or adults away from their own homes, on a daily rather than an overnight basis.

DECLARATORY RULING -- An opinion by the Zoning Administrator as to a matter of general interpretation of a provision in the Zoning Ordinance. A declaratory ruling is intended to give guidance to facilitate uniform interpretation of an ambiguous provision in the Zoning Ordinance and is not to be construed as binding in any fact-specific case. [Added 09/17/01 by Ord. No. 01-11]

DETACHED ACCESSORY DWELLING -- A dwelling unit (excluding mobile homes) on the same lot as the primary dwelling unit, but physically separated from the primary dwelling unit. A detached accessory dwelling unit shall provide complete, independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation. [Added 11/28/00 by Ord. No. 00-09]

DEVELOPMENT RIGHT -- The potential for the creation of residential subdivision lots existing because of the zoning classification of the parcel.

DISASTER -- A sudden calamitous event bringing great damage or destruction such as fire, windstorm, flood, explosion, act of public enemy or accident, which event results in a home being declared unsafe for occupancy by the Code Official, as Code Official is defined in the Carroll County Building Code, or an unforeseen condition which renders a home unfit for human habitation for medically documented reasons due to the presence of contaminants which endanger the health of humans.

DISPLAY DEVICE -- An electronically or mechanically controlled still or motion-picture machine, film projector, videotape player or other image-producing device that may be activated directly or indirectly by viewers or at the request of viewers for which a fee is charged. [Added 06/27/01 by Ord. No. 01-06]

DWELLING -- Any 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-FAMILY -- A detached building designed for or used exclusively for residential purposes by residents as a single dwelling unit.

 B. DWELLING, TWO-FAMILY -- A detached building with one dwelling unit above the other (duplex) or 2 semidetached dwelling units located on abutting lots or on the same lot, separated by a party wall without openings, in either case for or used exclusively for residential purposes, but not more than a total of 2 families or 2 housekeeping units.

 C. DWELLING, MULTIFAMILY -- A detached building or a group of attached buildings, designed for or used exclusively for residential purposes by more than 2 families or more than 2 housekeeping units.

DWELLING UNIT -- A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, eating, and sanitation.

EXTRACTIVE OPERATIONS:

 A. The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals; or

 B. Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location; or

 C. The extraction of sand, gravel, rock, stone, earth, for highway construction purposes or other public facilities.

FAMILY DAY CARE -- Care provided for not more than 8 children, in the provider's residence, on a daily basis rather than an overnight basis. [Amended 04/07/09 by Ord. No. 09-02]

FLOOR AREA -- The total area of all floors within a building, measured from center lines of joint partitions and/or exteriors of outside walls.

FUEL STATION -- Any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil, and accessories at retail, and no storage or parking space is offered for rent.  Mechanical maintenance or repair is prohibited. [Amended 04/07/09 by Ord. No. 09-02]

GAME MACHINES -- Includes, but is not limited to, video games, electronic novelty games, electro-mechanical and electronic target games, driving games, pinball machines, and other similar devices and machines.

GARAGE, RESIDENTIAL -- An accessory building, portion of a main building, or building attached thereto, used for the storage of private motor vehicles. [Amended 04/07/09 by Ord. No. 09-02]

GRADE PLANE -- A reference plane representing the average of finished ground level adjoining the building at exterior walls.  Where the finished ground level slopes away from the exterior walls, the reference plane is established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. [Added 04/07/09 by Ord. No. 09-02]

HEALTH DEPARTMENT -- The Maryland State Department of Health and Mental Hygiene or Carroll County Health Department as applicable. [Amended 04/07/09 by Ord. No. 09-02]

HELIPORT -- An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters.

HOME OCCUPATION -- Any use of a dwelling, conducted solely by a resident, or use of any accessory building which is incidental or subordinate to the main use of the principal building for dwelling purposes, provided that the use:

 A. Utilizes space equal to not more than 500 square feet;

 B. Does not generate vehicular parking or nonresidential traffic to a greater extent than would normally result from residential occupancy;

 C. Does not involve retail sales from the premises; [Amended 04/07/09 by Ord. No. 09-02]

 D. Involves no evidence from the outside of the dwelling to indicate it is being used for anything other than residential purposes, other than a sign not exceeding 3 square feet; and [Amended 04/07/09 by Ord. No. 09-02]

 E. May involve mail order or internet based sales provided no customers come to the dwelling. [Added 04/07/09 by Ord. No. 09-02]

HOSPITAL -- An institution which is licensed by the state and which receives inpatients or outpatients and provides medical, surgical, psychiatric or obstetrical care. This term includes any health related facilities which are established in connection with a hospital and are located on the same site as the hospital. Such health related facilities shall include, but not be limited to, diagnostic facilities, rehabilitation centers, laboratories, training facilities, outpatient care facilities, facilities for chronic or convalescent care and elderly housing facilities. [Added 04/07/09 by Ord. No. 09-02]  

INDUSTRIALIZED BUILDING -- A building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off site and transported to the point of use for installation or erection, with or without other specified components, such as a finished building or as part of a finished building comprising 2 or more industrialized building units. An industrialized building need not have electrical, plumbing, heating, ventilation, insulation, or other service systems, but when such systems are installed at the off-site manufacture or assembly point they shall be deemed a part of such building assembly or system of building assemblies. Industrialized building does not include open frame construction which can be completely inspected on site.

JUNKYARD -- Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled, or abandoned, including the salvaging, storage, or wrecking of automobiles and other vehicles, machinery, or parts thereof, house wrecking yards, used lumberyards, and places for storage of salvaged building or structural steel materials and equipment, but not including a scrap pile kept on a farm for the purpose of providing spare parts and repair material.

KENNEL, COMMERCIAL -- Property which is used or designed for the boarding (daily or overnight), breeding, training, or sale of more than 3 dogs or other canines. [Amended 04/07/09 by Ord. No. 09-02]

KENNEL, PRIVATE -- In conjunction with a residence, the keeping as personal pets of more than 3 dogs which have permanent canine teeth. [Added 04/07/09 by Ord. No. 09-02]

LOT -- A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, and meeting the minimum size requirements set forth in this chapter.

 A. CORNER LOT -- A lot abutting 2 or more existing or planned publicly maintained streets at their intersection. [Amended 04/07/09 by Ord. No. 09-02]

 B. LOT FRONTAGE -- The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining lot frontage on a lot served by a use-in-common driveway, the line of the use-in-common driveway may be considered the front.

 C. LOT WIDTH -- The horizontal distance between side lot lines measured at the midpoints of the side lot lines.

MASSAGE -- Any method of treating the external parts of the human body, for compensation, by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm, foot or other body part, provided by a massage technician. [Added 04/04/01 by Ord. No. 01-03]

MASSAGE ESTABLISHMENT -- Any establishment where a massage technician administers a massage to another person for compensation. This does not include a hospital, nursing home, medical clinic or other establishment where massages are administered by individuals certified as massage therapists as defined by 3-5A-01 of the Health Occupations Article of the Annotated Code of Maryland. [Added 04/04/01 by Ord. No. 01-03]

MASSAGE TECHNICIAN -- An individual who administers a massage to another individual for compensation. This does not include:

 A. A certified massage therapist as defined by 3-5A-01 of the Health Occupations Article of the Annotated Code of Maryland; or

 B. A medical practitioner as defined by this chapter.

[Added 04/04/01 by Ord. No. 01-03]

MASTER PLAN -- The policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in text and maps which constitute the guide for the County's future development.

MEDICAL CENTER -- A medical or dental clinic building occupied by medical practitioners and dispensing health services.

METEROLOGICAL TOWER (Met Tower) -- Defined to include the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.  [Added 05/06/08 by Ord. No. 08-02]

MEDICAL CLINIC -- A medical or dental clinic building occupied by medical practitioners and dispensing health services. [Amended 04/7/09 by Ord. No. 09-02]

MEDICAL PRACTITIONER -- A physician, dentist, optometrist, chiropractor, podiatrist, psychologist, physical therapist, nurse, massage therapist or other similar health professional licensed and/or certified by the state. [Added 04/04/01 by Ord. No. 01-03]

MINERAL RESOURCE -- Any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including (but not limited to) clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell soil, and stone.

MINERAL RESOURCE NOTIFICATION AREA (MRN) -- An area which is within mile of an MR or a VRA and in which notification of property owners and clustering away from the mineral resource are required.

MINERAL RESOURCE RECOVERY AREA (MR) -- An area which is underlain by a mineral resource and under which mineral resource recovery is a principal permitted use.

MINERAL RESOURCE RECOVERY OPERATION -- An operation composed of extractive operations and/or processing operations. [Amended 04/07/09 by Ord. No. 09-02]

MINI STORAGE -- A structure containing multiple, separate, self-contained storage units, that are leased or rented on an individual or collective basis.

MOBILE HOME -- A structure, transportable in one or more sections, and which is built on a permanent chassis with or without a permanent foundation and which is designed to be used or is used as a dwelling, or is used for the conduct of any business or for storage.

MOBILE HOME PARK -- Any site, lot, parcel, or tract of land which is designed, used or intended to accommodate 3 or more mobile homes for living purposes.

MODULAR HOUSING -- See "industrialized building."

NONCONFORMING USE -- Any building, structure, premises, or use lawfully existing at the time of the adoption of this chapter or lawfully existing at such time as this chapter is amended; and which does not conform with the use regulations of the zone in which it is located.

NUDITY -- The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state. [Added 04/04/01 by Ord. No. 01-03]

NURSING HOME -- A residential health-care facility which provides institutional lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm or convalescent patients who are not related to the owner or administrator of the facility. [Amended 06/27/01 by Ord. No. 01-06]

OPEN SPACE -- Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Yards on individual lots are not open space.

OVERLAY -- Zoning requirements that are described in the chapter's text, are mapped, and are imposed in addition to those of the underlying district or districts.

OUTSIDE STORAGE -- The keeping of inventory, goods, merchandise, and packaging materials not within an enclosed building.  [Added 04/07/09 by Ord. No. 09-02]   

PARTIALLY NUDE or IN A PARTIAL NUDE CONDITION -- The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part. [Added 04/04/01 by Ord. No. 01-03]

PAVED SURFACE -- A durable wearing surface of concrete, bituminous concrete, or other surface of suitable material and texture which:

 A. Provides a smooth driving surface.

 B. Resists weathering.

 C. Transmits traffic load to the underlying ground.

PETROLEUM PRODUCTS STORAGE -- The bulk storage of more than 2,000 gallons of a petroleum product in tanks either above or below ground. This definition does not restrict the storage of less than 2,000 gallons as an accessory use to an approved principal permitted or conditional use and which is not sold at retail or wholesale. [Added 04/07/09 by Ord. No. 09-02]

PLANNED BUSINESS CENTER -- Three 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.

PRINCIPAL USE -- The primary activity or structure for which a site is used. A principal use may be either a permitted use, a conditional use, or a legally existing nonconforming use.

PROCESSING OPERATIONS -- The crushing, polishing, washing, screening, and customer truck loading of extracted minerals.

PUBLICLY OWNED WASTEWATER TREATMENT PLANT -- A facility designed and constructed to receive, treat, and store sewage or sewage combined with other waterborne waste and which is owned by the state, or a political subdivision or municipal corporation of this state or owned by another public entity incorporated for the purpose of treating sewage under 9-601 et seq. of the Environment Article, or similar statute, if determined similar by the Board of County Commissioners.

RECREATIONAL VEHICLE -- A vehicular-type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

RELIGIOUS ESTABLISHMENTS -- Churches and other places of worship. [Added 04/07/09 by Ord. No. 09-02]

REMAINDER -- That portion of a tract remaining after one or all eligible off-conveyances have been created. [Added 04/04/02 by Ord. No. 02-07]

REMAINING PORTION -- In the agricultural district, the land remaining after residential subdivision lots have been created from a legally established parcel of land through the subdivision process. [Added 04/04/02 by Ord. No. 02-07; amended 04/07/09 by Ord. No. 09-02] 

RESIDENTIAL USES -- Any single family, two-family, semi-detached, multi-family, boarding houses, assisted living, retirement communities, continuum care, and nursing homes. [Added 04/07/09 by Ord. No. 09-02]

RESULTING LAND -- The land derived from the reduction of lot sizes when clustering pursuant to Chapter 103, which shall constitute a single lot. [Added 04/04/02 by Ord. No. 02-07; amended 04/07/09 by Ord. No. 09-02]

RETIREMENT HOME -- A development consisting of one or more buildings designed to meet the needs of, and exclusively for, the residences of senior citizens, or age-restricted adult housing as referenced in Chapter 103. [Amended 04/07/09 by Ord. No. 09-02]

RETREAT or CONFERENCE CENTER -- A facility used for professional, educational, or religious conclaves, meetings, conferences, or seminars and which may provide meals, housing, and recreation for participants during the period of the retreat or program only. Such centers may not be utilized by the general public for meals or overnight accommodations. Housing for participants may be in lodges, dormitories, sleeping cabins (with or without baths), or in such other temporary quarters as may be approved by the Board, but kitchen and dining facilities shall be located in a single centrally located building or buildings.

RIDING ACADEMY -- An establishment where horses and ponies are boarded and cared for; where instruction in riding, jumping, and showing may be offered; or where the general public, for a fee, may hire horses for riding.

ROTOR DIAMETER -- Means the cross sectional dimension of the circle swept by the rotating blades. [Added 05/06/08 by Ord. No. 08-02]

SANITARY LANDFILL -- Any premises used primarily for the disposal of garbage, or any refuse, by dumping, reduction, incineration, or burial.

SENIOR CITIZEN -- A person at least 55 years of age.

SETBACK LINE -- That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

SEWAGE SLUDGE -- The accumulated semiliquid suspension, settled solids, or dried residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or not these solids have undergone treatment.

SEWAGE SLUDGE STORAGE -- The interim containment of sewage sludge, treated sewage sludge, or any other product containing these materials after removal from the wastewater and before disposal or utilization. It does not mean the storage of sewage sludge generated on site incidental to the operation and as part of a permitted and duly licensed wastewater treatment plant.

SEXUAL ACTIVITIES -- Includes nudity or partial nudity, as defined herein, and sexual conduct, sexual excitement or sadomasochistic abuse, as defined in Title 11 of the Criminal Law Article of the Annotated Code. [Added 04/04/01 by Ord. No. 01-03; amended 04/07/09 by Ord. No. 09-02]

SIGNS -- A name, identification, description, display, logo, illustration, or device 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.

 A. SIGN, ON PREMISES -- A sign which directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where the sign is located.

 B. SIGN, OUTDOOR ADVERTISING -- A sign structure which directs attention to a business, commodity, service, or entertainment not necessarily conducted, sold, or offered upon the premises where such sign is located.

SMALL WIND ENERGY SYSTEM -- Means a single-towered wind energy system that:

  A. Is used to generate electricity;

  B. Has a rated nameplate capacity of 50 kilowatts or less; and

  C. Has a total height of 150 feet or less. [Added 05/06/08 by Ord. No. 08-02]

SPECIAL EVENT -- A grand opening, anniversary, holiday sale or other similar unique occasion of limited duration as determined by the Zoning Administrator. [Added 04/07/09 by Ord. No. 09-02]

STABLE, BOARDING -- A structure in which more than 2 horses or ponies are housed, boarded, or kept for consideration.

STABLE, COMMERCIAL -- A boarding stable or a riding academy.

STABLE, PRIVATE -- An accessory structure designed for the shelter, feeding, and care of no more than 5 horses, ponies, cattle, sheep, goats, or other ruminants, maintained on the property as pets or for domestic use, as distinguished from agricultural or commercial stables. [Amended 04/07/09 by Ord. No. 09-02] 

STORAGE LOT -- A lot or portion thereof other than an automobile sales lot held out or used for the storage or parking of boats, trailers, recreational, motor vehicles, or commercial vehicles for consideration. [Added 04/07/09 by Ord. No. 09-02]

STORAGE MODULE -- A self-contained storage unit which can only be delivered to the site in one piece and which has no chassis.

STORAGE OF UNLICENSED MOTOR VEHICLES -- Any property occupied by an unlicensed vehicle. For the purpose of this section, a vehicle shall mean a vehicle of a type which would be subject to the licensing requirements of the Motor Vehicle Administration if operated on a public road. "License" and "licensing" as used in this definition shall also be interpreted to mean "registration" as defined in the Transportation Article.

STORY -- That 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.

STREET -- Any street existing or which may be approved by the Commission. The word "street" may also include road, highway, boulevard, avenue, lane, way, circle, court, or drive.

STRIPTEASE BUSINESS -- A commercial establishment where persons appear in a state of total or partial nudity in person. Such establishment shall, for example, include, but not be limited to, a restaurant, nightclub, dance club or social hall if such entertainment is provided as an accessory or principal use. For the purpose of this definition, an establishment which is duly licensed by the Board of License Commissioners for Carroll County and which features striptease dancing, nudity or partial nudity as an accessory use shall not be considered a striptease establishment, except that it shall satisfy the setback limitation established for a striptease business. [Added 04/04/01 by Ord. No. 01-03]

STRUCTURE -- Anything constructed, the use of which requires fixed location on the ground or which 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. A utility shed is a structure whether or not it has a fixed location.

STRUCTURE, PRINCIPAL -- A structure in which is conducted the main use of the lot on which the structure is situated.

SUBSTANTIAL PORTION: [Added 04/04/01 by Ord. No. 01-03]

A. At least 20% of the stock in the establishment or on display consists of matters or houses devices depicting, describing or relating to sexual activities; or

B. At least 20% of the usable floor area is used for the display or storage of matters or devices depicting, describing or relating to sexual activities.

TEMPORARY SIGN -- Any sign, banner, pennant, or other advertising display constructed of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames, that is or that is intended to be displayed for a limited period of time.

TEMPORARY/SEASONAL USES -- Uses which are seasonal and require prior approval of the Zoning Administrator and shall not consist of any permanent structure(s) and shall be limited in duration. [Added 04/07/09 by Ord. No. 09-02]

TEMPORARY USE -- Any use which has been authorized under the provision of this chapter which is limited as to the time in which such use may legally continue.

TOTAL HEIGHT -- Means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point. [Added 05/06/08 by Ord. No. 08-02]

TOWNHOUSE -- One of a group of multifamily dwelling units in the same structure, each of which units is separated by a party wall from any adjacent unit and each of which dwelling units has its own entrance directly from the outside.

USABLE FLOOR AREA -- That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, stairwells, utilities, bathrooms, or closets shall be excluded from the computation of usable floor area. [Added 04/07/09 by Ord. No. 09-02]

VARIANCE -- A variance is a relaxation of the terms of this chapter in accordance with 223-176, 223-178, and 223-186 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 chapter would result in practical difficulty or unreasonable hardship.

VEHICLE REPAIR SHOP -- Land or buildings where motor vehicles, trailers, or other types of equipment are repaired, stored, or equipped for operation including automotive repairs, body repairs, vehicle painting or spray booths, but not including wrecking, sale, or storage of junked vehicles. [Amended 08/29/06 by Ord. No. 06-11]

VEHICLE SALES LOT -- Any property arranged, designed, or used for storage and display of motor vehicles for sale, including but not limited to automobiles, trucks, trailers, motorcycles, ATVs, boats, and snowmobiles, and where repair work is limited to minor incidental repair of vehicles displayed for sale on the premises. [Amended 08/29/06 by Ord. No. 06-11]

VIABLE RESOURCE AREA (VRA) -- An area identified as being underlain by a potentially recoverable mineral resource.

WAREHOUSE -- A building or part of a building used or intended to be used primarily for the storage of goods or chattels that are to be sold at retail or wholesale from other premises or sold wholesale from the same premises; for the storage of goods or chattels to be shipped on mail order; for the storage of equipment or materials to be used or installed at other premises by the owner or operator of the warehouse; or for similar storage purposes. The term "warehouse" does not include a retail establishment whose primary purpose is for the sale of goods or chattels stored on the premises; however, nothing in this definition is meant to exclude purely incidental retail sales in warehouses. Further, the term does not include a trucking facility, at which any storage is minor, transitory and merely incidental to the purpose of facilitating transportation of goods or chattels. [Added 04/07/09 by Ord. No. 09-02]

WIND ENERGY SYSTEM -- Means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.  This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire or other component used in the system. [Added 05/06/08 by Ord. No. 08-02]

WIND ENERGY SYSTEM OWNER -- Shall mean the individual that owns, or intends to own, the property upon which a Small Wind Energy System will be operated in accordance with this Chapter.  [Added 05/06/08 by Ord. No. 08-02]

WIND GENERATOR -- Means blades and associated mechanical and electrical conversion components mounted on top of the tower. [Added 05/06/08 by Ord. No. 08-02]

WIND TOWER -- Means the monopole, freestanding, or guyed structure that supports a wind generator.  [Added 05/06/08 by Ord. No. 08-02]

YARD -- An open area 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 YARD -- A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. 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.

 B. REAR YARD -- A 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 YARD -- A 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 CERTIFICATE -- A written statement issued by the Zoning Administrator, authorizing buildings, structures, or uses in accordance with the provisions of this chapter.