§ 27-107.01. Definitions.

(a)

Terms in the Zoning Ordinance are defined as follows:

(1)

Abutting: Touching and sharing a common point or line. Also "Adjoining" and "Contiguous."

(2)

Accessory Building: See "Building, Accessory."

(3)

Accessory Use: See "Use, Accessory."

(3.1)

Acupuncture: A medical practice or procedure that treats illness by the insertion of needles at specified sites of the body. The use may include treatment for humans or animals. The acupuncture of animals by a licensed acupuncturist requires certification from the Maryland University of Integrative Health.

(CB-72-2014)

(4)

Adjacent: Nearby, but not necessarily "Abutting," "Adjoining," or "Contiguous."

(5)

Adjoining: See "Abutting."

(6)

Adult Book Store and/or Adult Video Store: Any commercial establishment, which does not have a use and occupancy permit to operate as a movie theatre or nonprofit free-lending library, that either:

(A)

Has ten percent (10%) or more of its stock on the retail floor space of the premises to which the public is admitted, or has ten percent (10%) or more of its stock on display in the display space, in books, periodicals, photographs, drawings, sculpture, motion pictures, films, video cassettes, compact discs, digital video discs, digital video recorders or other visual representations which depict sadomasochistic abuse, sexual conduct, or sexual excitement as defined by Section 27-902 of the County Code; or

(B)

Has on the premises one (1) or more mechanical devices for viewing such materials.

(CB-88-1997; CB-28-2009)

(7)

Adult Day Care Center: An establishment in which a program is operated that is designed to provide care and activities (during the daytime) for five (5) or more adults (unrelated to the operator by blood, adoption, or marriage) who are members of a service population that, because of advanced age, or emotional, mental, physical, familial, or social conditions, need assistance in daytime activities. The term shall not include a "Nursing or Care Home," "Congregate Living Facility," "School, Private," "Eleemosynary or Philanthropic Institution," or "Group Residential Facility," or any "Sheltered Workshop" licensed as such by the United States Department of Labor.

(CB-90-1985)

(7.1)

Adult Entertainment: Adult Entertainment means any exhibition, performance or dance of any type conducted in a premise where such exhibition, performance or dance involves a person who:

(A)

Is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals with the intent to sexually arouse or excite another person; or

(CB-56-2011)

(B)

Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of another person, or permits the touching, caressing or fondling of his/her own breasts, buttocks, anus, genitals or pubic region by another person, with the intent to sexually arouse or excite another person.

(CB-46-2010)

(7.2)

Adult Rehabilitation Center: An establishment, owned and operated by a bona fide nonprofit organization within the County, that provides on-site support for a service population, and also provides facilities for the refurbishing and resale of donated goods to the public by the resident service population. The term shall not include a "Group Residential Facility," "Congregate Living Facility," or "Adult Day Care Center."

(CB-108-1987; CB-46-2010)

(8)

Advertising Structure: See "Sign."

(9)

Agriculture: The business, science and art of cultivating and managing the soil, composting (to include the composting of regionally generated sewer sludge pursuant to a permit issued by the state), growing, harvesting, and selling crops, livestock and the products of forestry (including the production of mulch), horticulture, floriculture, viticulture, hydroponics, animal husbandry, i.e., breeding, raising, or managing livestock, including horses, poultry, fish, game, and fur-bearing animals, dairying, beekeeping and similar activities. Agriculture includes processing on the farm of an agricultural product in the course of preparing the product for market, which may cause a change in the natural form or state of the product. Agriculture includes equine activities and equine facilities. Equine activities includes teaching equestrian skills, participating in equestrian events, competitions, exhibitions or other displays of equestrian skills, and caring for, breeding, boarding, dealing, selling, renting, riding or training equines. Equine facilities include barns, stables, rings, paddocks or accessory buildings or structures used for equine activities. The term "Agriculture" shall not include the commercial feeding of garbage or offal to animals, the slaughtering of livestock for marketing (except otherwise permitted by law) or the disposal of sludge except for fertilization of crops, horticultural products, or floricultural products in connection with an active agricultural operation or home gardening.

(CB-92-2010; CB-80-2016; CB-16-2017)

(9.1)

Agritourism: A commercial enterprise that is intended to attract tourists and provide supplemental income for the owner of a working farm that qualifies for agricultural use assessment pursuant to § 8-209 of the Tax-Property Article of the Annotated Code of Maryland (as amended). The commercial enterprise shall be offered to the public or invited groups and shall be related to agriculture or natural resources and incidental to the primary operation on the site. Agritourism uses include, but are not limited to: "Equine Activities", fishing, hunting, wildlife study, corn mazes, harvest festivals, barn dances, hayrides, roadside stands, farmer's markets, u-pick or pick-your-own operations, rent-a-tree operations, farm tours, wine tasting, educational classes related to agricultural products or skills. Agritourism may include picnics, equine facilities, and party facilities, corporate retreats and weddings; however, no lodging or overnight stay shall be provided for these uses. Agritourism includes farm or ranch stays subject to the same rules as a Bed-and-Breakfast Inn as defined in this Subtitle. Accessory recreational activities may be provided for guests.

(CB-39-2009; CB-92-2010)

(10)

Airfield, Airpark, Airport: A place where aircraft may take off or land, discharge or receive cargo or passengers, be repaired or serviced, take on fuel, or be stored, including "Accessory Uses" which are commonly associated with these facilities. These terms refer to any public use, general aviation airport licensed by the Maryland Aviation Administration, but not to airports with military or air carrier traffic.

(CB-51-2002)

(11)

Airstrip: A place where aircraft may only take off or land, and discharge or receive cargo or passengers.

(12)

Alley: A public way which is less than thirty (30) feet wide, and which is designated as an "Alley" on a "Record Plat" or dedicated as such in a deed.

(12.1)

Alley, Private: A vehicular passageway designed to provide secondary or service access, generally to the rear of a lot, which is owned and maintained by a private entity.

(CB-53-1991)

(13)

Amusement Arcade: A commercial establishment which provides, as the principal "Use," amusement devices or games of skill or chance, such as pinball and video games. This term shall not include:

(A)

"Recreational or Entertainment Establishments of a Commercial Nature" ; or

(B)

Establishments where amusement devices and games are "Accessory Uses" which either do not involve more than fifteen percent (15%) of the "Gross Floor Area" of the establishment or involve not more than two (2) devices or games, whichever results in the greater number of games.

(13.1)

Amusement Center: A commercially operated indoor facility providing a variety of amusement devices primarily including, but not limited to, play equipment, television games, electromechanical games, small kiddie rides, and other similar devices, and which may include food service.

(CB-35-1994)

(14)

Animal Boarding Place: A commercial establishment where domestic animals are temporarily boarded.

(14.1)

Antenna: Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas (such as panels, microwave dishes, satellite dishes) and omnidirectional antennas (such as whips), but not including satellite earth stations larger than one meter in diameter.

(CB-123-1994; CB-65-2000)

(15)

Apartment Building: See "Dwelling, Multifamily."

(16)

Apartment, Efficiency: A "Dwelling Unit" comprised of one (1) main room (enclosed floor space) used for living, dining, and sleeping purposes; one (1) kitchen; one (1) bathroom; and accessory enclosed floor spaces, such as closets and pantries.

(17)

Apartment Hotel: Any "Building" containing both "Guest Rooms" and "Dwelling Units." There shall be not more than one (1) "Guest Room" for each "Dwelling Unit." The "Guest Rooms" shall not be a part of any "Dwelling Unit."

(18)

Apartment House: See "Dwelling, Multifamily."

(19)

Area Master Plan: See "Master Plan."

(20)

Arena (Stadium): A large open or enclosed place used for sporting games or major events, that is partly or completely surrounded by tiers of permanent seating for spectators.

(20.1)

Artist: A person engaged, as a career and not a hobby or pastime, in painting, drawing or sketching, printmaking, sculpture, pottery-making or ceramics, photography or filmmaking, music or dance composition or performance, acting or dramatic performance, drama or film production or direction, writing, or the teaching of any such activity.

(CB-12-2001)

(20.2)

Artists' Residential Studios: A mixed-use community for artists, one or more adjoining structures with working and living space restricted to artists, and housing eight or more artist units. The community may have artist units on any floor and certain nonresidential uses on the first floor, but the nonresidential uses may not occupy more than 25% of the total gross floor area of the structures. All structures and common areas must be owned or controlled by a nonprofit corporation or association which restricts artist unit use and occupancy to artists and their families and which is responsible for maintenance of the structures and their continued use as artists' residential studios.

(CB-12-2001)

(20.3)

Assisted Living Facility: A residential facility with living and sleeping facilities for more than twenty (20) elderly or physically handicapped residents within which sheltered care services are provided, which may include, but need not be limited to, meal preparation, laundry services, housekeeping, personal observation and direction in the activities of daily living, transportation for routine social and medical appointments, and the availability of a responsible adult for companionship or nonclinical counseling. The term shall not include an "Adult Day Care Center," "Congregate Living Facility," "Hospital," "Nursing or Care Home," "Family," or "Group Residential Facility" as defined elsewhere in this Subtitle. An "Assisted Living Facility" shall comply with any licensing and other regulatory requirements.

(CB-72-1996; CB-78-1996; CB-12-2001)

(21)

Attic: The part of a "Building" which is immediately below, and wholly or partly within, the roof framing. (See Figure 1.)

(21.1)

Auditorium: A room or building used for the gathering of people seated as an audience; open to the general public, with or without an admission charge, and used primarily for public speaking, theatrical production; excluding any form of patron dancing or adult entertainment.

(CB-46-2010)

(21.1.1)

Automobile Detailing, Waterless: The comprehensive cleaning, polishing, and waxing of a motor vehicle, both inside and out, through a specialized method involving the application of spray cleaning solution specifically designed for removal of debris and enhancing surface protection without the use of water.

(CB-71-2014)

(21.2)

Aviation Policy Area (APA): A defined land area adjacent to an airport, where regulations in Part 10B modify zoning standards and requirements.

(CB-51-2002; CB-46-2010)

(22)

Basement: The portion of a "Building" below the first floor joists (other than a "Crawl Space"), having more than one-half (1/2) of its clear ceiling height below the building grade on all sides; a "Cellar." (See Figure 1)

(22.1)

Bed-And-Breakfast Inn: Any owner-occupied, one-family detached residential dwelling in which rooms are rented to paying guests on an overnight basis or no longer than two (2) weeks in any one visit. A "Country Inn," "Hotel," "Motel," "Fraternity or Sorority House," "Dormitory," "Tourist Home," "Rooming House or Boarding House" shall not be considered a "Bed-and-Breakfast Inn."

(CB-39-2009)

(23)

Bedroom: Any habitable room or enclosed floor space, other than one (1) living room (used for the common social activities of the occupants) for each "Dwelling Unit"; areas arranged for eating, dining, or cooking purposes; and accessory floor spaces, such as foyers, hallways, closets, pantries, and bathrooms. The term includes any habitable room which could be used for sleeping purposes, irrespective of its being assigned a different name, such as a "study," "den," "family room," or "recreation room."

(24)

Bedroom Percentages: The percentage of "Dwelling Units" in a "Multifamily Dwelling" or project which are "Efficiency Apartments" or contain a given number of "Bedrooms."

(25)

Billboard: See "Sign, Outdoor Advertising."

(26)

Block: Property abutting one (1) side of a "Street" and lying between any two (2) of the following: the nearest intersecting "Streets," railroad rights-of-way, unsubdivided properties, rivers, live streams, or any other barriers to the continuity of development. (See Figure 2.)

(27)

Board: Unless otherwise specified, the "Planning Board."

(28)

Boardinghouse: A "Dwelling Unit" in which (for compensation) lodging and meals are furnished by the inhabitants to four (4) or more, but not exceeding nine (9), guests. The "Dwelling Unit" shall contain not more than five (5) "Guest Rooms." A Boardinghouse shall not be considered a "Bed-and-Breakfast Inn."

(CB-39-2009)

(28.1)

Buffer: A combination of physical space and vertical elements, such as plants, berms, fences, or walls, established or preserved to mitigate disparities between land uses or to protect aquatic, wetland, shoreline, or other sensitive natural features from man-made disturbances. As a development limitation in the Chesapeake Bay Critical Area Overlay Zones, primary and secondary buffers have distinct definitions set forth in the "Conservation Manual." The primary and secondary buffers, combined, constitute the "Buffer" in the Chesapeake Bay Critical Area Overlay Zones. Buffers have distinct applications as landscaping elements set forth in the Landscape Manual.

(CB-72-1987; CB-1-1989; CB-57-1989)

(28.2)

Buffer yard: One of several specific combinations of minimum building setbacks, landscaped yard widths, and plant material requirements, as set forth in the Landscape Manual.

(CB-1-1989)

(29)

Building:

(A)

A "Structure" having a roof and used for the shelter, support, or enclosure of persons, animals, or property. Any part of a "Building" is considered a separate "Building" when:

(i)

It is entirely separated from all other parts by a wall extending from the lowest floor to the roof; and

(ii)

It has no door or other opening directly to the other parts.

(B)

No vehicle originally designed as a means of conveyance shall be considered a "Building," regardless of whether wheels or other devices to facilitate movement have been removed (except where otherwise specified in this Subtitle).

(C)

Any "Mobile Home" or "Trailer" designed for human occupancy and situated in a Commercial or Industrial Zone shall be considered a "Building" if it is used for business purposes.

(CB-23-1988)

(30)

Building, Accessory: A "Building" subordinate to, and located on the same lot with, a "Main Building," and used for an accessory use. The following are not "Accessory Buildings":

(A)

A "Private Parking Garage" connected to a "Main Building" (of which it is considered a part) by a common wall;

(B)

"Trailers"; and

(C)

"Mobile Homes," except where a "Mobile Home" is a "Dwelling" that conforms to Section 27-424.01(a)(4) and (b), and is allowed in the Residential Zone in which it is located as the "Main Building" on the lot, where the "Mobile Home" is located in the O-S or R-A Zone, was formerly a legally erected "Dwelling" on the same lot, and conforms to the requirements of Section 27-424.04; or where the "Mobile Home" is located on a lot at least twenty-five (25) acres in size in the O-S or R-A Zone, was previously used for agricultural storage purposes, meets all current setback requirements for mobile homes, and conforms to the requirements of Section 27-424.04.

(CB-36-1994)

(31)

Building Code: The Building Code of Prince George's County. (See Subtitle 4 of the County Code.)

(32)

Building Coverage: The percentage of a "Lot" covered by "Buildings." (See Figure 3.)

(33)

Building Envelope: The area of a "Lot" within which "Buildings" and "Structures" may be constructed (except walls or fences located outside of the "Building Envelope"). (See Figure 4.)

(34)

Building, Height of: See "Height of Building."

(35)

Building Line: A line beyond which no part of a "Main Building" (including a covered porch, vestibule, or other similar projection) or "Structure" (not including ground level paved surfaces, unless specifically noted) shall extend. The "Building Line" determines an area within which "Main Buildings" and other "Structures" may be placed. A "Building Line" is the same as a required "Setback." The area between the "Building Line" and the "Street Line" or "Lot Line" is the required "Yard." (Also called a "Building Restriction Line." See "Setback," "Yard," and Figure 5.)

(36)

Building, Main: A "Building" in which is conducted the principal "Use" of the "Lot" on which it is located.

(37)

Building Supply Store: An establishment which engages in the retail sale of building materials, excluding the bulk sale of sand, gravel, portland cement, or concrete.

(38)

Bulk Retailing: The sale of merchandise in large quantities, such as in unbroken cases or oversized containers, directly to ultimate consumers.

(38.1)

Business Advancement and Food Access Infill: A development which combines a food or beverage store not exceeding 40,000 square feet of gross floor area; a consolidated storage facility; may include an eating or drinking establishment, or any other use that is permitted by right, or by special exception, in the C-S-C (Commercial Shopping Center) Zone is permitted; and shall not include a Department or Variety Store, where:

(A)

the proposed development is part of a revitalization project in accordance with Section 27-445.15 of this Subtitle; and

(B)

the development meets the criteria of Division 5, Part 5 of this Subtitle.

(CB-62-2015; CB-83-2018)

(39)

Camping Trailer: A vehicle originally sold to the consumer for recreational, travel, or vacation purposes, which is self-propelled or capable of being towed, and which provides facilities for temporary camping or sleeping. "Camping Trailer" includes a unit designed to be carried by an open pickup truck. The term "Camping Trailer" also includes "travel trailer," "camper," "recreational vehicle," "motor home," "truck camper," and similar vehicles.

(40)

Canopy: A roof-like cover extending over an outdoor improvement (such as a sidewalk, a gasoline pump island, or the vehicular surface abutting a "drive-in" service window) for the sole purpose of sheltering persons from sun or precipitation. A "Canopy" is either freestanding, or attached to and projecting from the wall of a building. A "Canopy" is supported only by columns or the wall of a "Building," and is unenclosed on all sides (except in the case of a projecting canopy where it abuts the "Building" wall). A "Canopy" shall not be considered a "Building." A "carport" or covering over a porch, patio, deck, terrace, or stairway shall not be considered a "Canopy," but shall be considered a portion of the "Main Building" to which it is attached or, if freestanding, an "Accessory Building." Where an "Accessory Building" is attached to a "Canopy," a "carport," or a covering which is attached to the "Main Building," that building shall not be considered a portion of the "Main Building"; however, that building is subject to the setback requirements of the "Main Building."

(CB-49-1988)

(40.1)

Car-Sharing: A system of vehicular rental organized to provide designated short-term use of a vehicle between certain access points in exchange for a specific fee.

(CB-51-2011)

(41)

Car Wash: Facilities for the commercial washing of motor vehicles, regardless of whether mechanical devices are used. Does not include Waterless Automobile Detailing.

(CB-71-2014)

(42)

Care Home: See "Nursing or Care Home."

(42.1)

Catering Establishment: An establishment that specializes in the preparation of food or beverages for social occasions; such as weddings, banquets, parties, or other gatherings; with or without banquet facilities for these private prearranged occasions that are not open to impromptu attendance by the general public; excluding adult entertainment.

(CB-46-2010)

(43)

Cellar: See "Basement."

(44)

Cemetery: A place used for the permanent interment of dead human bodies (or their cremated remains) or pet animal bodies. A memorial garden located on the premises of a "Church," where only the ashes of deceased persons may be scattered or placed, is not a "Cemetery."

(45)

Certified Nonconforming Use: A "Nonconforming Use" for which a use and occupancy permit identifying the "Use" as nonconforming has been issued.

(45.1)

Certifying Physician: A physician, as specified within Section 14-101(i) of the Health Occupations Article, Annotated Code of Maryland, who is registered with the Natalie M. LaPrade Medical Cannabis Commission.

(CB-5-2016)

(46)

Chancery: The administrative offices and tribunal of a "Church" (not otherwise permitted as an "Accessory Use") which are solely related in scope and function to the "Church."

(46.1)

Check Cashing Business: An establishment which accepts or cashes, for compensation, a payment instrument regardless of the date of the payment instrument. This use does not include activities undertaken by: (i) any bank, trust company, savings bank, savings and loan association, or credit union chartered under the laws of this state, another state, or the United States as long as that institution has a branch that accepts deposits in this state; or (ii) any subsidiary or affiliate of an institution described in part (i) above (generally those exempt under Section 12-103 of the Maryland Financial Institutions Code Annotated (as amended from time to time)). Additionally, this use does not include a business: (i) for which a fee of up to 1.5% of the face amount of the payment instrument is charged per payment instrument, and are incidental to the retail sales of goods or services by the person that is providing the check cashing services; (ii) in which a customer presents a payment instrument for the exact amount of a purchase; or (iii) involving foreign currency exchange services or the cashing of a payment instrument drawn on a financial institution other than a federal, state, or other state financial institution.

(CB-23-2009)

(46.2)

Chesapeake Bay Critical Area: All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, all State and private wetlands designated under the Annotated Code of Maryland, Natural Resources Article, Title 16 of the Environmental Article; and all land and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and heads of tides designated under the Annotated Code of Maryland, Natural Resources Article, Title 16 of the Environmental Article, as indicated on approved Chesapeake Bay Critical Area Overlay Zoning Map Amendments.

(CB-72-1987; CB-57-1989; CB-76-2010)

(46.3)

Chesapeake Bay Critical Area Buffer: As defined in Sec. 5B-106(a).

(CB-76-2010)

(47)

Church: A "Building," "Structure," or area of land, which is primarily used for conducting organized religious services and "Accessory Uses" customarily associated with the "Use."

(47.1)

Civic association: Any organization registered with the Commission to represent the residents of a designated neighborhood or other geographical area of the County.

(CB-12-2003)

(47.2)

Civic Use Area: Land area within a "Village Proper" in the V-M and V-L Zones, so designated in the village plan, upon which structures may be erected for community use, enjoyment, and benefit.

(CB-53-1991)

(47.3)

Class 3 Fill: Temporary use of land for the spreading or depositing of Class 3 fill materials, including without limitation soils difficult to compact or with other than optimum moisture content; rock and similar irreducible materials, without limit as to size, provided no detectable voids are formed into which overlying soils may later be washed; and topsoil, intermittently layered with nonorganic soil. On properties with Class 3 fill uses, at least twelve (12) inches of soil shall cover all rock or irreducible materials with any linear measurement greater than eight (8) inches. Class 3 fill materials deposited in a fill or disposal area shall be free of pollutants which may constitute a potential public health hazard, reduce surface or groundwater quality, or cause damage to property or drainage systems. Incidental fill operations associated with the development of subdivisions and other preliminary work of a developing site shall not be considered a Class 3 fill operation.

(CB-8-2003; CB-87-2003)

(48)

Clinic, Medical: An establishment where outpatients are accepted for special study and treatment by a group of (three (3) or more) medical practitioners practicing medicine together.

(49)

Club or Lodge, Private: An establishment providing facilities for entertainment or recreation for only bona fide members and guests, and not operated for profit, excluding adult entertainment.

(CB-46-2010)

(49.1)

College or university, private: A type of private school offering a program of instruction for students after secondary school. The college or university must be approved by the Maryland Higher Education Commission and accredited by a national association of colleges and universities, and it must offer one or more programs leading to associate, baccalaureate, or higher degrees.

(CB-94-2000)

(49.2)

Commercial Fuel Depot: An unattended, automated fuel dispensing facility that dispenses fuel to businesses, organizations, and municipalities that maintain a fleet of vehicles. This use does not include any retail sale of gasoline to the general public and does not include any store sales, vehicle service or vending operations.

(CB-68-2006)

(49.3)

Commercial recreational development: A contiguous assemblage of land leased from a public agency before January 1, 1974, containing no less than sixty (60) acres at the time of said lease and to be developed with an array of commercial, including parking lots for commercial purposes, residential, lodging, recreational, entertainment, retail, social, cultural, or similar uses, and which development and/or use shall conform to the terms of that lease as modified or amended.

(CB-35-2000; CB-94-2000; CB-68-2006)

(50)

Commission: Unless otherwise specified, the Maryland-National Capital Park and Planning Commission.

(51)

Common Area: Land or facilities which are located within, or related to, a development, and which are designed for use by the residents (and guests) of, or workers in, the entire development or a designated part of the development. "Common Area" does not include land or facilities which are individually owned or dedicated to public use. "Common Area" remains in the ownership of a homeowners', condominium, or similar association.

(52)

Community Building: A "Building" which is primarily available to the public for cultural, educational, recreational, or civic purposes, and not operated for profit.

(52.1)

Community Piers and Noncommercial Boat Docking Facilities: Piers and boat docking facilities that are community-owned, and operated for the benefit of the residents of a riparian subdivision which is the subject of a "Record Plat."

(CB-72-1987)

(52.2)

Concrete recycling facility: A facility that processes concrete demolition material by crushing to remove reinforcing metals, if any, and to reduce the size of concrete material to a commercially usable size.

(CB-78-2004)

(53)

Condominium: Property subject to the "condominium regime" established under the Maryland Condominium Act, being Title II of the Real Property Article of the Annotated Code of Maryland.

(54)

Congregate Living Facility: A residential facility for four (4) to twenty (20) elderly or physically handicapped residents, within which sheltered care services are provided, which may include, but need not be limited to, living and sleeping facilities, meal preparation, laundry services, housekeeping, personal observation and direction in the activities of daily living, transportation for routine social and medical appointments, and the availability of a responsible adult for companionship or nonclinical counseling. The term shall not include an "Adult Day Care Center," "Hospital," "Nursing or Care Home," "Family," or "Group Residential Facility," as defined elsewhere in this Subtitle. A Congregate Living Facility shall comply with the licensing and other regulatory requirements of Subtitle 12, Division 7, of this Code.

(CB-90-1985)

(54.1)

Conservation Agreement: A formal agreement recorded in the land records which commits a grading or building permit applicant to the execution of various approved elements of a "Conservation Plan," including a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and other plans which may be required by the Department of Permitting, Inspections, and Enforcement or the Prince George's County Planning Board.

(CB-72-1987; CB-76-2010; CB-29-2014)

(54.2)

Conservation Plan: A plan, developed in accordance with Subtitle 5B, which demonstrates how a project has been designed to meet the specific Chesapeake Bay Critical Area criteria.

(CB-72-1987; CB-76-2010)

(54.3)

Conservation Subdivision: A conservation subdivision protects the character of land through the permanent preservation of farmland, woodland, sensitive natural features, scenic and historic landscapes, vistas, and unique features of the site in keeping with the General Plan and Countywide Green Infrastructure Plan. A conservation subdivision is intended to maintain large contiguous, unfragmented farming, forested areas and, unique and significant features. The standards provide for lots, open space and internal street designs that conserve woodlands, farmland, farm structures, historic structures, and the scenic and unique character of development sites. A conservation subdivision prioritizes site characteristics for conservation and creates a site layout that conserves important site features such as open space networks, blocks of productive farmland, and unique characteristics of a site, scenic view sheds within and of the site from adjoining properties and streets, and contiguous woodland habitats. The site design should encourage agricultural pursuits (in the Rural Tier), create attractive development layouts respecting existing features of the site, and encourage connectivity between scenic, historic, agricultural, and environmental characteristics of abutting properties and streets.

(CB-32-2008)

(54.4)

Consolidated Storage: A "Building" divided into two (2) or more individual units of 500 square feet or less, each of which is leased to an individual solely for dead storage and not for use in connection with the operation of a business.

(CB-45-1999; CB-76-2010)

(55)

Contiguous: See "Abutting."

(56)

Corridor Cities and New Town Centers: Single, well-designed, architecturally unified centers which are a focus for areawide cultural and economic activity, as described in an "Area Master Plan."

(57)

Council: The Prince George's County Council, sitting as the District Council for the Prince George's County portion of the Maryland-Washington Regional District.

(58)

Country Inn: A "Building" having historical, architectural, or cultural significance, or the appearance of it, within which is provided (for compensation) lodging or food service for transient guests in a historical, scenic, or pastoral atmosphere. A "Boardinghouse," "Drive-In Restaurant," "Fast-Food Restaurant," "Dormitory," "Rooming House," or "Fraternity or Sorority House" shall not be considered a "Country Inn." A Country Inn shall not be considered a "Bed-and-Breakfast Inn."

(CB-39-3009)

(59)

County: Prince George's County, Maryland.

(60)

Court: An "Open Space" (other than a "Yard") located on the same "Lot" with, and bounded on two (2) or more sides by, the walls of a "Building." A "Court" shall be open and unobstructed to the sky, except for landscaping and permitted "Accessory Uses" and accessory structures. (See Figure 6.)

(61)

Court, Inner: Any "Court" except an "Outer Court." The width of an "Inner Court" is the minimum distance between opposite sides, measured perpendicular to its longest side. The length of an "Inner Court" is the maximum distance measured parallel to its longest side. (See Figure 6.)

(62)

Court, Outer: A "Court" open on at least one (1) side for at least seventy-five percent (75%) of its width, and open to a "Yard" on the "Lot," or to a "Street," "Alley," or other public way. The depth of an "Outer Court" is the maximum distance from the "Yard," "Street," "Alley," or other public way to the face of the opposite "Building" or wall. The width of an "Outer Court" is the minimum horizontal distance measured perpendicular to its depth. (See Figure 6.)

(63)

Crawl Space: A space (excluding an "Attic") between the ceiling of one "Story" and the floor of the next "Story," or below the floor of the first "Story," which is not more than four and one-half (4½) feet high, and usually contains pipes, ducts, wiring, and lighting fixtures. It shall not be considered a "Story."

(64)

Day: The period of time between midnight and the following midnight. A "Day" is a calendar day, unless otherwise specified.

(65)

Day Care Center for Children: An establishment in which a program is operated that is designed to provide care and activities for nine (9) or more children not located in a dwelling unit, or thirteen (13) or more children in a dwelling unit, on a regular schedule (more than once a week). This term shall not include "Family Day Care," "Recreational Program, Before- and After-School," "School, Private," or "Small Group Child Care Center."

(CB-23-1988; CB-131-1993)

(66)

Density: The number of "Dwelling Units" per acre of "Net Lot Area." In the R-C-O Zone, the gross tract acreage is used to calculate density except as noted in Sec. 5B-113(f).

(CB-72-1987; CB-76-2010)

(66.1)

Development: Any activity that materially affects the condition or use of dry land, land under water, or any structure.

(CB-57-1989)

(66.2)

Development Review District: A contiguous area no less than 1,000 acres in size created by legislative act of the County Council under Subtitle 24, Division 9 of this Code.

(CB-133-1986; CB-57-1989)

(66.3)

Development Review District Commission: A body of persons appointed under Subtitle 24, Division 9 of this Code to represent the interests of a development review district in the review of subdivision applications and which is to be made a party of record in all zoning and subdivision matters for which parties of record are identified, which involve property within the development review district before the Zoning Hearing Examiner, the Planning Board or the District Council.

(CB-133-1986; CB-57-1989)

(66.4)

Distribution Facility:

(A)

A facility to or from which a wholesaler or retailer ships merchandise, materials, or supplies for storage or distribution by that wholesaler or retailer to the sales outlets or service operations it supports; or

(B)

A business whose functions are similar to those of the United States Postal Service, that is exclusively devoted to the receiving, sorting, sending, and delivery of letters, parcels, and other postal express matter.

(CB-90-1992)

(67)

District: That portion of the Maryland-Washington Regional District in Prince George's County, Maryland.

(68)

District Council: The Prince George's County Council, sitting as the District Council for the Prince George's County portion of the Maryland-Washington Regional District.

(69)

Dormitory: An "Accessory Building" used for lodging purposes in connection with a school or other institution, or as a farm tenant dwelling. A Dormitory shall not be considered a "Bed-and-Breakfast Inn."

(CB-134-1985; CB-39-2009)

(70)

Driveway: A private roadway located on a "Lot," providing access for motor vehicles to a parking space, garage, or other "Structure," or from the "Lot" to a "Street." (See Figure 7.)

(71)

Drug Store: A retail store where the primary "Use" is the filling of medical prescriptions and the sale of medical supplies and nonprescription medicines. Nonmedical products, such as cards, candy, and cosmetics, may be sold as an "Accessory Use."

(72)

Dwelling: A "Building" used for living facilities for one (1) or more "Families."

(73)

Dwelling, Attached: A "Dwelling" which is attached by means of a solid, common wall to one (1) or more other "Dwellings."

(74)

Dwelling, Farm Tenant: A one-family detached dwelling or dormitory (but not a multifamily dwelling) which is:

(A)

Not the principal residence of the property owner;

(B)

An "Accessory Building";

(C)

Located on land used exclusively for "Agriculture";

(D)

Owned by the same person who owns the agricultural land; and

(E)

Occupied by a tenant who derives a majority of his total income from working the agricultural land.

(CB-134-1985)

(74.1)

Dwelling, Metropolitan, One-Family Attached: One "Building" containing four (4) or more "Dwelling Units" which:

(A)

Are used as "One-Family Dwellings";

(B)

Are located side by side on abutting "Lots"; and

(C)

Are entirely separated from each other by a solid wall extending from the lowest floor to the roof.

(CB-33-2005)

(75)

Dwelling, Multifamily: A "Building" (other than a "Three-Family Dwelling") containing three (3) or more "Dwelling Units"; an "Apartment House" or "Apartment Building." "Multifamily Dwelling" does not include a "Fraternity or Sorority House." A "Dwelling" for which a Special Exception was granted in accordance with Section 27-382, "Multifamily Dwelling; Bedroom Percentages Increase," prior to August 26, 1983, shall be considered a "Multifamily Dwelling," irrespective of whether the individual "Dwelling Units" are entirely separated from each other by solid, common walls. (See Figure 9.)

(76)

Dwelling, One-Family: A "Building" containing only one (1) "Dwelling Unit," which may be detached from, or attached to, another "One-Family Dwelling." A "One-Family Detached Dwelling" is also referred to as a "Single-Family Dwelling." (See Figure 8.)

(76.1)

Dwelling, Quadruple-Attached: One (1) of four (4) attached "Buildings" which:

(A)

Are used as a "One-Family Dwelling";

(B)

Are located side by side on abutting "Lots";

(C)

Are separated from each other by a solid wall extending from the lowest floor to the roof;

(D)

Have exterior walls in common with the adjoining "Building"; and

(E)

Are separated from any other "Building" by space on all other sides.

(CB-83-1997)

(77)

Dwelling, Semidetached: One of two (2) attached "Buildings" which are:

(A)

Used as "One-Family Dwellings";

(B)

Located side by side on adjoining "Lots";

(C)

Separated from each other by a solid wall extending from the lowest floor to the roof; and

(D)

Entirely separated from any other "Building" by space on all other sides. (See Figure 10.)

(77.1)

Dwelling, Storefront: A dwelling unit located above the ground floor in the "Storefront Area" of the Village Zones.

(CB-53-1991)

(78)

Dwelling, Three-Family: A "Building" containing three (3) "Dwelling Units," with two (2) of the "Dwelling Units" arranged side by side and situated either above or below the third "Dwelling Unit." (See Figure 11.)

(79)

Dwelling, Triple-Attached: One (1) of three (3) attached "Buildings" which:

(A)

Are used as "One-Family Dwellings";

(B)

Are located side by side on abutting "Lots";

(C)

Are separated from each other by a solid wall extending from the lowest floor to the roof;

(D)

Have exterior walls in common with the adjoining "Building"; and

(E)

Are separated from any other "Building" by space on all other sides. (See Figure 12.)

(80)

Dwelling, Two-Family: Either:

(A)

A "Building" containing two (2) "Dwelling Units," arranged one above the other; or

(B)

Two (2) attached buildings arranged side by side on one (1) "Lot," each containing one (1) "Dwelling Unit," separated from each other by a solid wall extending from the lowest floor to the roof. (See Figure 13.)

(81)

Dwelling Unit: A "Building" (or part of a "Building") used as a complete and independent living facility for only one (1) "Family," which includes permanent provisions for living, sleeping, eating, cooking, and sanitation. (Abbreviated as "d.u.")

(81.1)

Eating or Drinking Establishment: An establishment that provides food or beverages for consumption on or off premise, which may be developed freestanding, on a pad site or attached to another building, or located within another building or located within a group of buildings, which may include a drive-through service, carryout, outdoor eating, music of any kind, patron dancing, or entertainment, excluding adult entertainment uses.

(CB-46-2010; CB-56-2011; CB-92-2015)

(81.2)

Electronic Cigarette Shop: A retail store where the primary "Use" is the retail sale of, for off-site consumption, electronic cigarettes, or any electronic device that can be used to deliver nicotine or other substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, any cartridge or other component of the device, or any related electronic cigarette product.

(CB-92-2015)

(81.3)

Electronic Recycling Facility: An establishment in which obsolete or outdated computers, televisions, cell phones, printers, PDA's, medical equipment (not including x-ray machines or other potentially radioactive devices) and other electronic devices used in offices and homes, which have been previously separated from the solid waste stream, are collected and sorted, processed and sold for reuse or packaged for distribution to other facilities where the materials will be further recycled, used as raw materials or will otherwise be returned to the market place. Processing means the preparation of materials by such means as disassembling, refurbishing, baling, briquetting, compacting, grinding, crushing, shredding and separation into commodity grade materials. The use shall not include the treatment, speculative accumulation or recycling of, cathode ray tubes, hazardous materials, or radioactive Universal Waste as defined by 40 CFR Part 273, as amended from time to time, which shall be shipped off-site to a certified facility for further recycling. In addition the use shall not include smelting, biological or chemical treatment of the component parts recovered from the electronic devices.

(CB-91-2012)

(82)

Eleemosynary or Philanthropic Institution: Any facility operated by a private, nonprofit organization offering religious, social, physical, recreational, emergency, or benevolent services, and which is not already specifically allowed in the various zones. The organization shall not carry on a business on the premises. The term shall not include an "Adult Day Care Center," "Congregate Living Facility," or "Group Residential Facility."

(CB-90-1985)

(83)

Employee's Recreational Facility: Any recreational facility provided in connection with a business for the exclusive use of the employees of the business and their guests.

(84)

Enlargement or Extension: Alterations which increase the usable area of a "Building," "Structure," or other improvement, or "Use" (including the addition of any new "Structure" or other improvement). Modifications such as the addition of cupolas, windows, or "Canopies," which do not increase the usable square footage of a "Building" or "Structure," or which do not expand the occupied usable land area of the "Lot," shall not be considered an "Enlargement or Extension."

(84.1)

Entrance Feature: Any combination of gateway elements (such as signs, walls, flagpoles, gazebos, landforms, fountains, and landscaping) located at the entrance to a residential subdivision.

(CB-109-1989)

(84.2)

Equine Activities: includes teaching equestrian skills, participating in equestrian events, competitions, exhibitions or other displays of equestrian skills, and caring for, breeding, boarding, dealing, selling, renting, riding, or training equines. The term shall not include "Animal Boarding Place".

(CB-92-2010)

(84.3)

Equine Facility: includes barns, stables, rings, paddocks or accessory buildings or structures used for Equine Activities.

(CB-92-2010)

(85)

Family:

(A)

An individual maintaining a household in a "Dwelling Unit"; or

(B)

Two (2) or more individuals related by blood, adoption, or marriage (including a "Foster Home" relationship other than a "Group Residential Facility") who maintain a common household in a "Dwelling Unit"; or

(C)

Not more than five (5) individuals (excluding servants), all or a part of whom are unrelated to one another by blood, adoption, or marriage, and who maintain a common household in a "Dwelling Unit."

(86)

Family Day Care: Child care provided for up to eight (8) children in a "Family Day Care Home" which is registered by the Department of Human Resources in accordance with the provisions of Subtitle 5 of the Family Law Article of the Annotated Code of Maryland, or a "Family Day Care Home" which, by State law or regulation, is specifically exempt from registration.

(CB-131-1993)

(87)

FAR: See "Floor Area Ratio."

(87.1)

Farmer's Market: A collection of vendors located on private or publicly owned property or property owned by a not-for-profit organization, in accordance with the written permission of the property owner, for the sale of agricultural and horticultural products grown by the vendor or for the sale of baked, canned, or preserved foods prepared by the vendor. Operations generally meeting this definition, but which are open fewer than four (4) days per year, shall be construed as a "garage sale" for which no permit shall be required.

(CB-63-1998; CB-73-2012)

(87.2)

Farm Winery: An agricultural processing facility located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner manufactures wine and/or pomace brandy from fresh fruits or other agricultural products as allowable by state law. A Farm Winery includes crushing, fermenting and refermenting, bottling, blending, bulk and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, administrative office functions and related agricultural tourism activities.

(CB-36-2009)

(88)

Final Plat: The final detailed drawing (to scale) of a tract of land, depicting the proposed division of the tract into "Lots," "Blocks," "Streets," "Alleys," or other areas within a proposed "Subdivision." (See Subtitle 24 for further information regarding "Subdivisions.")

(88.1)

Fisheries Activities: Commercial operations and structures for the packaging, canning, freezing, or processing of fish, mollusks, or crustaceans, which may include related activities such as wholesale, retail sales, storage structures, and loading docks.

(CB-72-1987)

(89)

Flag Lot: A flag-shaped "Lot," created under the "Optional Residential Design Approach" provisions of Subtitle 24, which has a "Street" frontage smaller than that otherwise required for the zone in which it is located. (See Figure 17.)

(89.1)

Flea Market: A collection of vendors using stalls, booths, or tables on property owned by a public agency or a not-for-profit organization, in accordance with the written permission of the property owner, for the sale of merchandise, collectibles, crafts, antiques, and other items, excluding automobiles, automobile parts, and nonportable household appliances. No sales shall occur from a vehicle. Operations generally meeting this definition, but which are open fewer than four (4) days a year, shall be construed as a "garage sale" for which no permit shall be required.

(CB-63-1998)

(89.2)

Flex Space: An office, contractor's office, manufacturing, assembly, or warehouse located within a structure no greater than one (1) story above grade, and which typically includes roll-up overhead doors on the rear and office at the front of the units.

(CB-28-2012)

(90)

Floodplain, One Hundred (100) Year: That area of land which would be covered by a flood that has a one percent (1%) chance of being equalled or exceeded in any year, and conforms to the requirements of Section 27-124.01.

(CB-28-2010)

(91)

Floor Area Ratio: The ratio of the "Gross Floor Area" of all "Buildings" or "Structures" on a "Lot" to the area of that "Lot." (Abbreviated as "FAR".) (See Figure 14.)

(91.1)

Food or Beverage Store: A use providing the retail sales of food, beverages, and sundries primarily for home consumption, and may include food or beverage preparation. Does not include a Department or Variety Store that provides incidental sales of candy, gum and similar non-refrigerated items at a check-out counter, or in a standard vending machine.

(CB-5-1999; CB-19-2005)

(91.2)

Forest Stand Delineation: A detailed accounting of woody vegetation, prepared in plan and document form, as required by Division 2 of Subtitle 25, and as explained in the publication, The Woodland and Wildlife Habitat Conservation Technical Manual.

(CB-75-1989; CB-107-1992; CB-5-1999; CB-28-2010)

(92)

Fortunetelling: Any attempt to tell fortunes or predict the future (for pay or voluntary contributions) by means of occult or psychic powers, faculties, or forces; necromancy, palmistry, psychology, psychic psychometry, spirits, medium-ship, seership, prophecy, cards, talismans, sorcery, charms, potions, magnetism, tea leaves, magic, numerology, mechanical devices, handwriting analyses, phrenology, character readings, or any other similar means. "Fortunetelling" shall not be considered a "Home Occupation," "Church," or other place of worship.

(93)

Foster Home: A "Dwelling Unit" in which a person performs the duties of a parent to the child of another by rearing the child and acting as his guardian.

(94)

Fraternity or Sorority House: A "Building" used for lodging by individuals who are members or affiliates of a fraternity or sorority while attending an educational institution. It may include facilities for dining for the employees and guests of the facility. A "Fraternity or Sorority House" is not a "Boardinghouse," "Rooming House," "Dormitory," "Eleemosynary or Philanthropic Institution," "Group Residential Facility," or "Dwelling." A Fraternity or Sorority House shall not be considered a Bed-and-Breakfast Inn".

(CB-39-2009)

(95)

Front Wall: Except as otherwise specified, the wall of a "Building" facing the "Front Yard."

(96)

Functional Master Plan: The current approved plan for one of the various elements of the "General Plan," such as transportation, schools, libraries, hospitals, health centers, parks and other open spaces, police stations, fire stations, utilities, or historic preservation.

(97)

Funeral Home (Funeral Parlor):

(A)

A "Building" used for human funeral services. A funeral home may contain facilities for:

(i)

Embalming and other services used in the preparation of the dead for burial;

(ii)

The display of the deceased;

(iii)

The performance of ceremonies in connection with a funeral;

(iv)

The performance of autopsies and similar surgical procedures;

(v)

The sale and storage of caskets, funeral urns, and other related funeral supplies; and

(vi)

The storage of funeral vehicles.

(B)

A "Funeral Home" does not include facilities for cremation.

(98)

Garage: See "Parking Garage."

(99)

Gas Station (Automobile Filling Station):

(A)

A "Building" or "Lot" having pumps and storage tanks, where the primary "Use" is the retail sale of motor vehicle fuels. No storage or parking space shall be offered for rent. Vehicle-related services may be offered incidental to the primary "Use," such as:

(i)

Sales and servicing of spark plugs, batteries, and distributors and distributor parts; tune-ups;

(ii)

Tire servicing and repair, but not recapping or regrooving;

(iii)

Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;

(iv)

Washing and polishing, and sale of automotive washing and polishing materials;

(v)

Greasing, lubrication, and radiator flushing;

(vi)

Minor servicing and repair of carburetors, fuel, oil and water pumps and lines, and minor engine adjustments not involving removal of the head or crank case or racing the engine;

(vii)

Emergency wiring repairs;

(viii)

Adjusting and repairing brakes;

(ix)

Provision of road maps and other information to travelers.

(B)

Services allowed at a "Gas Station" shall not include major chassis or body work; repair of transmissions or differentials; machine shop work; straightening of body parts; or painting, welding, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in "Gas Stations."

(100)

General Plan: The current approved plan for the physical development of the Maryland-Washington Regional District or for that portion of the "District" in Prince George's County.

(101)

Golf Course: An area of land laid out for playing golf. Accessory recreational facilities, such as driving ranges, putting greens, a country club, concessions for serving food and refreshments to members and guests, "Swimming Pools," tennis and other racquet courts, horse shoe pits, picnic areas, and accessory facilities directly related to golf, may be included.

(101.1)

Golf Course Conference/Hotel Complex: A contiguous land assemblage, no less than two hundred (200) acres, planned to be developed with a Golf Course together with an array of lodging, conference facilities, commercial, recreational, entertainment, social, cultural and/or similar uses which are interrelated to the Golf Course and accessory facilities.

(CB-45-2002)

(102)

Grade, Average Building: Average elevation of finished, adjacent ground level at the center of all walls of the "Building." (See Figure 69)

(103)

Green Area: An area of land associated with, and located on the same parcel of land as, a "Building" for which it serves to provide light and air, or scenic, recreational, or similar purposes. "Green Area" shall generally be available for use by the occupants of the "Building," but may include a limited amount of space to enhance the amenity of the development by providing landscaping features, screening for the benefit of people in neighboring areas, or a general appearance of openness. "Green area" may include lawns, decorative plantings, sculptures, wooded areas, landscaped areas covering structures that are not more than twelve (12) feet above ground level, sidewalks and walkways, furniture, active and passive recreational areas, and water surfaces that comprise not more than ten percent (10%) of the total "Green Area." It shall not include "Parking Lots" or other vehicular surfaces, or "Accessory Buildings," except as otherwise provided.

(104)

Gross Commercial or Industrial Intensity: The average "Floor Area Ratio" of all commercial or industrial land within a tract that comprises a single Comprehensive Design Zone development. It includes land devoted to both public and private facilities, but does not include "Street" rights-of-way which exist at the time of application and abut the perimeter of the tract. The average "Floor Area Ratio" is the total "Gross Floor Area" of the commercial/industrial development divided by the "Gross Tract Area."

(105)

Gross Floor Area: The total number of square feet of floor area in a "Building," excluding those portions of a "Basement" used exclusively for storage or other areas used exclusively for the mechanical elements of a "Building," and uncovered steps and porches, but including the total floor area of "Accessory Buildings" on the same "Lot." All horizontal measurements shall be made between the exterior faces of walls, columns, foundations, or other means of support or enclosure. It includes walkways or plazas within "Wholly Enclosed" shopping malls but does not include covered walkways or plazas in other shopping centers, or other areas covered solely by "Canopies." (Abbreviated as "GFA.")

(CB-6-2011)

(106)

Gross Leasable Area: The total floor area designed for owner or tenant occupancy and exclusive use (including "Basements" and "Attics"). It is expressed in square feet, measured from the center lines of joint partitions and exteriors of outside walls. (Abbreviated as "GLA".)

(107)

Gross Residential Density: The average density per acre for all residential land within a tract that comprises a single Comprehensive Design Zone development. It includes land devoted to both public and private facilities, but does not include "Street" rights-of-way which exist at the time of application and abut the perimeter of the tract.

(108)

Gross Tract Area (or Acreage): The total area of a tract of land, including all land area which is to be conveyed for "Public Facilities."

(109)

Group Residential Facility:

(A)

A "Dwelling Unit" or "Foster Home," operated by a responsible individual or organization, which has a program designed to provide a supportive living arrangement for five (5) or more individuals (unrelated to the operator by blood, adoption, or marriage) who are members of a service population that, because of age or emotional, mental, physical, familial, or social conditions, needs supervision.

(B)

This term includes, facilities for developmentally disabled persons, drug dependent persons, alcoholic persons, juveniles, or persons whose welfare and adjustment within the community are dependent on support from the community.

(C)

The term does not include:

(i)

A "Hospital" or "Nursing or Care Home";

(ii)

A "Congregate Living Facility"; or

(iii)

An "Adult Day Care Center."

(D)

A "Group Residential Facility" for the "mentally handicapped" for up to eight (8) residents shall be considered a "One-family Detached Dwelling."

(E)

When a "Group Residential Facility" is limited to serving a "mentally handicapped" population, this term shall include any individual with a primary disability as a result of mental retardation, mental illness, or mental disorder which impairs the person's cognitive ability to live independently (excluding addictive disorders resulting from substance abuse).

(CB-90-1985; CB-82-1986; CB-29-2012)

(110)

Guest House: A detached "Accessory Building" used to house the transient guests of the occupants of the main "Dwelling." The "Guest House" shall not be separately rented, leased, or sold.

(111)

Guest Room: A room or suite of rooms in which living and sleeping accommodations are provided for one (1) or more paying visitors. "Guest Rooms" shall have no provisions for cooking, except in the case of "Guest Rooms" in a "Hotel" or "Motel," where "Guest Rooms" may contain a "kitchenette." Rooms in school "Dormitories" and "Fraternity or Sorority Houses" are not "Guest Rooms."

(111.1)

Habitat Protection Area: An area that is designated for protection according to Subtitle 5B of the Prince George's County Code.

(CB-76-2010)

(112)

Half-Story: A space under a sloping roof where the line of intersection of the roof and wall is not more than three (3) feet above the floor level. The "Gross Floor Area" with head room of five (5) feet or less shall equal at least forty percent (40%) of the "Gross Floor Area" of the "Story" directly beneath. (See Figure 15)

(112.1)

Hamlet: A design component of the V-L and V-M Zones that is separated from the primary Village, with the same basic design characteristics as the primary village.

(CB-10-1992)

(112.2)

Health Impact Assessment Review: In this preliminary stage of implementing the health impact assessment review, it is defined as a tool that may include a combination of procedures, methods and tools by which a policy, program or project may be evaluated as to its potential effects on the health of a population, the distribution of those effects within the population, and provide a platform to make our communities healthier.

(CB-41-2011)

(113)

Height of Building:

(A)

The vertical distance between an approved "Street" grade at a point at the middle of the front of the "Building" to either:

(i)

The highest point of roof surface of a flat roof;

(ii)

The deck line of a mansard roof; or

(iii)

The average height between the eaves and ridge of a gable, hip, or gambrel roof. (See Figure 68)

(B)

If a "Building" is located on a terrace, the height above the "Street" grade may be increased by the height of the terrace but not over five (5) feet. If the "Building" is set back from the "Street Line" thirty-five (35) feet or more, the "Building Height" is measured from the average elevation of the finished ground surface along the side of the "Building" facing the "Front of the Lot." On a "Through Lot," the side of the "Building" (facing the "Front of the Lot") which has the lowest elevation shall be used.

(114)

Height of Structure: The vertical distance between a point on the ground at the middle of the base of the "Structure" to the top of the "Structure." (See Figure 16)

(115)

Heliport: A facility designed to accommodate all phases of helicopter operations, with space for a terminal and the loading, unloading, service, and storage of helicopters, including "Accessory Uses" commonly associated with an "Airport" terminal.

(116)

Helistop: A facility designed to accommodate touchdown and liftoff of helicopters, for the purpose of picking up and discharging passengers or cargo. The area shall contain only one (1) tie down space, and any additional facilities which are required by law, ordinance, or regulation.

(116.1)

Highly Erodible Soils: Soils with an erodibility factor greater than 0.35 as determined by the Prince George's Soil Conservation District.

(CB-28-2010)

(117)

Historic Sites and Districts Plan: The Approved Historic Sites and Districts Plan for Prince George's County, Maryland.

(117.1)

Home Improvements: Modifications customarily made to dwellings for the purposes of enlargement, alteration, or the addition of a fireplace, porch, deck, carport, patio, shed, garage, driveway, or swimming pool.

(CB-16-1989)

(118)

Home Occupation: Any occupation or enterprise for gain or profit carried on in a dwelling unit and meeting the following criteria:

(A)

The business shall be located within the dwelling unit or a permitted accessory building associated with the dwelling unit, and shall involve an area that does not exceed thirty-three percent (33%) of the total square footage of the dwelling unit; and

(B)

It is incidental and secondary to the main residential use of the dwelling unit; the principal person conducting the business use shall be a full-time resident of the dwelling unit;

(C)

It does not change the residential character or external appearance of the dwelling unit, its associated structures, or its principal residential use, nor does it have any exterior evidence, other than a permitted sign, to indicate that the dwelling unit is used for any but residential purposes;

(D)

There shall be no outdoor display or storage of goods, equipment, or services associated with the business, and the business shall not involve significantly greater volumes or frequencies of deliveries or shipments, vehicular traffic, or pedestrian traffic than normally expected in a residential area;

(E)

There shall be no more than two (2) employees who do not reside in the dwelling unit;

(F)

Off-street parking requirements in Part 11 do not apply to home occupations;

(G)

Not more than two (2) vehicles associated with the home occupation or enterprise may be based at the subject property, nor parked on-site or off-site or on a public street within four hundred (400) yards from the property. Upon request by the Department of Permitting, Inspections, and Enforcement, each dwelling unit resident shall provide for inspection the Motor Vehicle Administration registrations for all vehicles owned or leased by the resident, titled in the business name, or listed as business personal property on the resident's or the business' income or property tax returns;

(H)

The business shall not result in adverse noise, vibration, odor, fumes, or electrical or communications interference (including visual or audible interference with radio or television reception) that can be detected by the normal senses off the premises.

(I)

The business is in conformance with all applicable licensing, permitting, and any other State or local regulatory requirements;

(J)

The following uses are permitted as a home occupation accessory to a dwelling unit, subject to restrictions in the definitions of those uses, and with additional restrictions as indicated:

(i)

Instruction that involves a single instructor and not more than five (5) students at any one time;

(ii)

General clerical work (such as typing, envelope or flyer preparation or mailing, bookkeeping, and the like), with no more than two (2) nonresident employees on the premises at any time;

(iii)

Retail businesses involving only door-to-door, home party, or mail-order sales, with temporary storage of merchandise permitted prior to delivery;

(iv)

The practice of electrolysis (the destruction of hair roots with an electric current);

(v)

The practice of taxidermy;

(vi)

Nail salons, beauty parlors and barber shops of two (2) chairs;

(vii)

Catering businesses limited to food preparation for off-premises delivery, with no more than one (1) nonresident employee and one (1) customer on the premises at any time. The business shall be on property of at least ten (10) contiguous acres and may be in the dwelling unit or in an accessory building subordinate to the dwelling in size and use;

(viii)

The creation, production, and storage within the dwelling unit and accessory buildings, for sale at another location, of tangible objects of art or craft items, works in progress, and supplies and materials; and

(ix)

The practice of acupuncture.

(K)

The following uses are not permitted as a home occupation accessory to a dwelling unit:

(i)

Fortunetelling;

(ii)

Nursing or care homes, family or adult day care centers, congregate living facilities, group residential facilities, hospitals, and the like;

(iii)

Tourist homes;

(iv)

Nail salons, beauty parlors, or barber shops of more than two (2) chairs;

(v)

Businesses, trades, offices, or enterprises which use more than two (2) commercial vehicles, alter the residential appearance of the dwelling, or adversely impact the residential character of the neighborhood; and

(vi)

Wholesale dealers' display, storage or repair of vehicles.

(CB-29-2014; CB-72-2014; CB-33-2017)

(118.1)

Home Occupation, Low-Impact: Any occupation or enterprise for gain or profit carried on in a dwelling unit that meets the above criteria of a home occupation as well as the following criteria:

(A)

No nonresident employees or customers conducting business on the premises at any time; and

(B)

No delivery trucks, additional parking other than that required for the dwelling, or signage is permitted.

(CB-31-1985; CB-106-1985; CB-30-1986; CB-96-1991; CB-24-1992; CB-78-2003; CB-11-2004)

(119)

Homes Association: An incorporated, nonprofit organization operating under recorded land agreements through which:

(A)

Each "Lot" or home owner in a planned development or other described land area is automatically a member; and

(B)

Each "Lot" or home owner is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as for maintaining "Common Area."

(120)

Homes Association Recreational Use: Any facility intended for recreational activities, which is owned and maintained by a "Homes Association" for the sole use of association members and guests.

(121)

Hospital: An institution receiving inpatients and rendering medical care on a twenty-four (24) hours per day basis. The term includes general hospitals, sanitariums, sanatoriums, and institutions in which service is limited to special fields, such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin, cancer, mental, tuberculosis, chronic disease, and obstetrics. The facilities may also include outpatient care, ambulatory care, offices of medical practitioners, adult day care, respite care, medical day care and day care for sick children, gift shops, restaurants, and other accessory uses. The term shall not include an "Adult Day Care Center," "Congregate Living Facility," "Group Residential Facility," or "Nursing or Care Home."

(CB-90-1985; CB-57-1986)

(122)

Hotel: A "Building" which contains six (6) or more "Guest Rooms," none of which have entrances from outside the "Building," and where (for compensation) temporary lodging is provided. A "Motel," "Fraternity or Sorority House," "Dormitory," "Tourist Home," "Rooming House," or "Boardinghouse" shall not be considered a "Hotel." A Hotel shall not be considered a "Bed-and-Breakfast Inn."

(CB-39-2009)

(122.1)

Hydraulic fracturing: A drilling technique that expands existing fractures or creates new fractures in rock by injecting fluids, often a mixture of water and chemicals, sand, or other substances, and often under pressure, into or underneath the surface of the rock or purposes that include well drilling and the exploration or production of natural gas. Hydraulic fracturing includes fracking, hydrofracking, and hydrofracturing, and further includes the storage, treatment, transfer, production materials, support activities, and the disposal of flow back fluids that return to the surface after a hydraulic fracture is completed, wastewater, or drill cuttings generated by hydraulic fracturing activities in the County, for purposes of preventing detrimental economic, environmental, and health effects of the use for the protection of the public safety, health, and welfare of the citizens and residents of the County.

(CB-3-2016)

(122.2)

Impervious Surfaces: Impervious surfaces consist of areas which are not water permeable as a result of pavement, buildings, or compaction of soils during construction.

(CB-76-2010; CB-3-2016)

(122.3)

Impervious Surface Ratio: The ratio between that portion of a site covered with impervious surfaces and the area of the entire site. For the purpose of regulation, this ratio is expressed as the percentage of a site which may be impervious.

(CB-72-1987; CB-76-2010; CB-3-2016)

(122.4)

Informational mailing: The mailing, with the information required in Part 3, Division 1, which an applicant sends to municipalities, civic associations, and adjoining property owners before filing an application.

(CB-12-2003; CB-76-2010; CB-3-2016)

(123)

Inks, Paste: Water-based inks which are not intended for application on gravure or flexographic presses, which are used for letter press or lithographic type processes (either direct or offset), and which have:

(A)

Flash points of the various ink components and the ink mixture of one hundred forty degrees Fahrenheit (140° F) (TAG closed tester ASTM D56) or greater;

(B)

A viscosity (as printed) higher than one thousand (1,000) centipoises; and

(C)

Components consisting of oily pigments, resins, drying oils, (linseed oil, mineral oil, and the like), other types of solvent liquids, and plasticizers.

(124)

Junk Yard: Any land or "Building" used for the sale, storage, or collection of abandoned, dismantled, discarded, demolished, or worn out scrap materials, other than materials from motor vehicles, "Trailers," and "Mobile Homes." The term does not include "Vehicle Salvage Yards" and "Recycling Plants." Any land or "Building" used for the collection, storage, and shipping of recyclable paper, but no other scrap material, is not a "Junk Yard."

(125)

Kennel: An establishment where a person engages in boarding, breeding, buying, grooming, letting for hire, training (for a fee), or selling dogs or cats, for which a license is required pursuant to Subtitle 3 of the County Code.

(126)

Laboratory: A place where scientific services are provided, including testing, research, or analysis of a medical, chemical, physical, mechanical, electrical, or electronic nature, or calibrating instruments. A "Laboratory" also includes the custom fabrication of teeth or eyeglasses.

(126.1)

Landscape Manual: The document that promulgates the standards and criteria for developing landscaped, buffered, and screened areas in Prince George's County, and which is adopted by the District Council and revised and amended from time to time by the District Council.

(CB-1-1989)

(127)

Laundromat: An establishment where coin-operated automatic washing machines, clothes dryers, or dry-cleaning machines are provided for use by the general public.

(128)

Loading Area or Space: A space to be occupied by a vehicle, to or from which equipment and materials are transferred to or from any type of "Structure," and located on the same "Lot" as the "Structure," either:

(A)

Contiguous to any loading dock, bay, berth, or opening; or

(B)

Within one hundred (100) feet of the "Structure" it serves.

(129)

Lot: A designated area of land to be used, developed, or built upon as a unit (in accordance with this Subtitle), and having the minimum contiguous area required for a "Lot" in the applicable zone and frontage on a public "Street," or private road, right-of-way, or easement approved in accordance with Subtitle 24. A "Lot" shall be made up of one (1) or more entire "Record Lots."

(130)

Lot Area: See "Net Lot Area."

(131)

Lot, Corner: A "Lot" abutting two (2) or more "Streets" at their intersection, where the interior angle of intersection does not exceed one hundred thirty-five degrees (135°). (See Figure 17)

(132)

Lot Coverage: The percentage of a "Lot" which is covered by "Buildings" (including covered porches) and areas for vehicular access and parking of vehicles.

(132.1)

Lot Coverage in the Chesapeake Bay Critical Area: The percentage of the gross area of a lot or parcel that is existing or proposed to be (1) occupied by a structure, accessory structure, parking area, driveway, walkway, impermeable deck or stairway, or roadway; or (2) covered with, gravel, stone, shell, impermeable decking, pavers, permeable pavement, or any manmade material. Lot coverage in the Critical Area does not include (1) a fence or wall that is less than one-foot in width that has not been constructed with a footer; (2) a walkway in the Primary or Secondary Buffer, including a stairway that provides direct access to a community or private pier; (3) a wood mulch pathway, or (4) a deck with gaps to allow water to pass freely. The percentage of the gross area of a lot or parcel as defined in Section 5B-106(a).

(CB-76-2010)

(133)

Lot, Depth of: Average horizontal distance between the "Front Street Line" and "Rear Lot Line" or between parallel "Front Street Lines" of a "Through Lot." (See Figure 18)

(134)

Lot, Front of:

(A)

"Interior Lot." The "Lot Line" which abuts a "Street."

(B)

"Through Lot." The "Lot Lines" which abut "Streets."

(C)

"Corner Lot." The "Shortest Lot Line" that abuts a "Street." If the "Lot Lines" abutting "Streets" are of equal length, the "Lot" fronts on the "Street" having the longest frontages within the same "Block." (See Figure 19)

(135)

Lot Frontage (Width), Minimum, at Front "Building Line": The minimum permitted width of a "Lot," measured along the front "Building Line." (See Figure 20)

(136)

Lot Frontage (Width), Minimum, at "Front Street Line": The minimum permitted width of a "Lot," measured along the "Front Street Line." (See Figure 20)

(137)

Lot, Interior: Any "Lot" other than a "Corner Lot." (See Figure 17)

(138)

Lot Lines: Lines bounding a "Lot." (See Figure 21)

(139)

Lot Line, Front: The line running along the "Front of the Lot" and separating it from the "Street." In this Subtitle, the "Front Lot Line" is also called the "Front Street Line." In a "Through Lot," all lines abutting the "Streets" are "Front Street Lines." (See Figure 21)

(140)

Lot Line, Rear: The "Lot Line" generally opposite or parallel to the "Front Street Line," except in a "Through Lot" which has no "Rear Lot Line." If a "Rear Lot Line" is less than ten (10) feet long or the "Lot" comes to a point at the rear, the "Rear Lot Line" is a line at least ten (10) feet long (lying wholly within the "Lot"), parallel to the "Front Street Line" or, if the "Front Street Line" is curved, parallel to the chord of the arc of the "Front Street Line." (See Figure 21)

(141)

Lot Line, Side: Any "Lot Line" other than a "Front Street Line" or a "Rear Lot Line." A "Side Lot Line" separating the "Lot" from a "Street" is a "Side Street Line." In the absence of a "Front Street Line," all "Lot Lines" are "Side Lot Lines." (See Figure 21)

(142)

Lot, Record: An area of land designated as a separate parcel of land on a "Record Plat," or on a legally recorded deed (to land for which no "Subdivision" plat is required pursuant to the provisions of Subtitle 24) filed among the Land Records of Prince George's County, Maryland.

(CB-115-1989)

(143)

Lot Size Averaging: A procedure whereby the "Subdivision" of land yields "Net Lot Areas" which vary within a subdivided tract, but maintains the density normally permitted.

(144)

Lot, Through: Either an "Interior Lot" fronting on two (2) or more "Streets," or a "Corner Lot" fronting on three (3) or more "Streets." (See Figure 17)

(145)

Major Metro Activity Center: An area of high intensity, mixed use development which includes a major transit station and stations for other modes of travel, as described in "Area Master Plans."

(145.1)

MARC Planned Community: A minimum area of ten (10) acres included in a single preliminary plan of subdivision, any portion of which adjoins an existing MARC rail station site and which is planned to be developed with commercial, industrial, office, residential, retail or similar uses which are interrelated by a common architectural and design theme. A MARC Planned Community may include a former MARC rail station that has been upgraded to a Metro rail station.

(CB-21-2006)

(146)

Marina: A waterfront facility which, for a fee, provides for the berthing, mooring, or water storage of boats. The use may include such facilities as major and minor boat repair; boat docks, piers, and slips; boat fueling; dry land boat maintenance and storage; pump-out stations; fishing piers; beaches; erosion control devices; boat ramps, lifts, and launching facilities; boat sales, including parts; restaurant; ships store; sale of ice; car and boat trailer parking; laundromat; locker rooms; cabanas; bathhouse; public showers; outdoor playing courts; and picnic areas.

(CB-72-1987)

(147)

Massage Establishment: Any establishment having a fixed place of business where massages are administered for pay, including massage parlors, exercise clubs, spas, health clubs, sauna baths, and steam baths. This term shall not include:

(A)

A "Hospital," "Nursing or Care Home," or "Medical Clinic";

(B)

The office of a physician, surgeon, chiropractor, osteopath, podiatrist, or physical or massage therapist duly licensed or certified by the State of Maryland;

(C)

A barber shop or beauty salon in which massages are administered only to the scalp, face, neck, or shoulders;

(D)

A volunteer fire department or volunteer rescue squad;

(E)

A nonprofit organization operating an educational, cultural, recreational, or athletic facility;

(F)

A facility for the welfare of the residents of the area; or

(G)

An establishment providing instruction in, and facilities for, controlled exercise, weight lifting, calisthenics, and general physical fitness, which occupies at least five thousand (5,000) square feet, of which not more than five percent (5%) is used for massages; and whose gross income from massages is less than fifteen percent (15%) of the total gross business income derived from physical fitness sales contracts at each business location.

(CB-44-2000)

(147.1)

Massage Therapist (Certified): An individual who is certified by the State of Maryland Board of Chiropractic Examiners to practice massage therapy.

(CB-44-2000)

(148)

Master Plan: The current approved local "plan" for the physical development of a particular planning area or combination of planning areas as set forth in "Part 13 of the Zoning Ordinance." (Also called an "Area Master Plan.")

(CB-35-2011)

(148.1)

Medical Cannabis: Any product containing usable cannabis or usable medical cannabis finished product.

(CB-5-2016)

(148.2)

Medical Cannabis Finished Product: A product containing a medical cannabis concentrate or a medical cannabis-infused product packaged and labeled for release to a qualifying patient.

(CB-5-2016)

(148.3)

Medical Cannabis Grower: An entity licensed under Subtitle 33 of the Health - General Article, Annotated Code of Maryland, that cultivates, manufactures, packages, processes, or distributes medical cannabis to licensed processors, licensed dispensaries, or registered independent testing laboratories.

(CB-5-2016)

(148.4)

Medical Cannabis Processor: An entity licensed under Subtitle 33 of the Health - General Article, Annotated Code of Maryland, that transforms medical cannabis into another product or extract, and packages and labels medical cannabis.

(CB-5-2016)

(148.5)

Medical Cannabis Dispensary: An entity licensed under Subtitle 33 of the Health - General Article, Annotated Code of Maryland, that acquires, possesses, repackages, processes, transfers, transports, sells, distributes, or dispenses products containing usable medical cannabis, related supplies, or related products, including tinctures, aerosols, oils, or ointments; or educational materials for use by a qualifying patient or caregiver.

(CB-5-2016)

(148.6)

Medical Day Care: The provision of medical day care services in an ambulatory care setting to medically handicapped adults who do not require 24-hour inpatient care, but, due to their degree of impairment, are not capable of full-time independent living. A medically handicapped adult means a chronically ill or disabled person eligible for day care services, whose illness or disability may not require 24-hour inpatient care, but which, in the absence of medical day care service, may precipitate admission to, or prolong a stay in, a hospital, nursing facility, or other long-term care facility. A medical day care facility must be licensed by the State Department of Health and Mental Hygiene and is required to furnish the following: Nursing services, diet modifications, rehabilitative services, social services, medical consultation and other special services.

(CB-57-1986; CB-5-2016)

(148.7)

Medical Facility: A facility, office, or clinic where patients are examined or treated by physicians, including hospitals and outpatient facilities, urgent care centers, physical therapy offices, and dentists, but does not include drug or alcohol treatment facilities, methadone treatment facilities, or massage therapy establishments.

(CB-5-2016)

(149)

Medical Practitioner: A licensed physician, surgeon, dentist, osteopath, chiropractor, optometrist, podiatrist, psychiatrist, psychologist, or a person in a similar profession.

(150)

Menu Board: A message board with changeable copy, solely used to inform passengers of specific food offered in a "Drive-in Restaurant" or a "Fast-Food Restaurant" with a drive-thru window. It includes an amplification system to allow passengers to order food while seated in their cars. A "Menu Board" is not a "Sign."

(150.1)

Methadone Treatment Center: An establishment licensed by the Federal Government and certified by the State of Maryland from which methadone, prescribed for the treatment of heroin addiction, is dispensed. This term shall not include "Drug Store," "Medical Clinic," the "Office" of a "Medical Practitioner," or "Public Building and Use."

(CB-103-1993)

(150.2)

Metro Planned Community: A contiguous land assemblage, no less than one hundred fifty (150) acres, abutting an existing mass transit rail station site operated by the Washington Metropolitan Area Transit Authority and including land placed in preservation by the State of Maryland, and planned to be developed with an array of commercial, lodging, recreational, residential, entertainment, retail, social, cultural, or similar uses which are interrelated by one or more themes.

(CB-35-1998; CB-47-2000)

(151)

Mixed Retirement Development: A residential community for retirement aged persons developed under a uniform scheme of development, containing a mix of attached, detached, or multifamily dwelling units, nursing or care homes, or assisted living facilities. Each community shall be developed with not less than two (2) types of dwelling units.

(CB-78-1996; CB-45-1999)

(151.1)

Mixed-Use Planned Community: A contiguous land assemblage of two hundred fifty (250) or more acres in the E-I-A or M-X-T Zone at the intersection of two State highways classified as expressways or freeways, land which meets the criteria in Part 3, Division 2, for classification in the M-X-T Zone and which is developed or to be developed as follows: mixing residential, employment, commercial retail, commercial office, hotel or lodging, civic buildings, parks, or recreational uses; creating a self-sustaining neighborhood with a balanced mix of residential, commercial, public, institutional, and recreational uses; providing uses which are physically and functionally coordinated, with a network of streets and sidewalks forming an integrated circulation system; giving priority in use placement and site design to public spaces, civic uses, recreational uses, and institutional buildings; and exhibiting throughout a high quality of architecture, site design and landscaping, and placement of different uses. If on January 1, 2002, any part of the property covered by an approved E-I-A Basic Plan is partially or fully built on or developed under the Basic Plan regime, then no part of the property may be approved as a Mixed-Use Planned Community.

(CB-13-2002)

(152)

Mobile Home:

(A)

A one-unit portable structure which is:

(i)

Designed for conveyance upon streets;

(ii)

Constructed upon a chassis for towing to the point of use;

(iii)

Originally equipped to provide complete, permanent, year-round living facilities for one (1) family, including a kitchen, flush toilet, bath or shower, and sleeping area; and

(iv)

Designed and constructed for connection to utilities and sanitary facilities.

(B)

The term does not include "Camping Trailer," "Modular Home," or "Trailer." A "Mobile Home" shall not be considered a "One-Family Detached Dwelling."

(153)

Mobile Home Community: A residential development designed to accommodate "Mobile Homes," together with various other facilities for the benefit and enjoyment of residents of the community. The term does not include a "Recreational Campground."

(154)

Mobile Home Lot: A "Record Lot" within a "Mobile Home Community" intended to accommodate one (1) "Mobile Home." Each "Lot" shall be improved with at least one (1) "Mobile Home Stand," patio, off-street parking area, and individual sidewalk.

(155)

Mobile Home Stand: A portion of a "Mobile Home Lot" which is improved to provide adequate support for the placement of one (1) "Mobile Home," including any enclosed extensions or structural additions.

(156)

Model Studio: Any premises where a customer, for a fee, is permitted to photograph, sketch, observe, view, paint, draw, sculpt or otherwise depict, or direct the poses of, a live human figure model in the nude or seminude. This term shall not be construed to include a theatre, an accredited school, or any similar type of cultural or educational use. For the purposes of this Subtitle, "Nude" or "Seminude" means exposure of genitals, vulva, anus, pubic hair, or cleft of the buttocks; or the exposure of any device which is intended to simulate the genitals, vulva, anus, pubic hair, or cleft of the buttocks; or the exposure of any portion of the female breast at or below the areola.

(156.1)

Modular Classroom: A compensatory education modular classroom which is used exclusively for the purpose of providing educational services to private school students pursuant to Title 1 of the Elementary and Secondary Education Act of 1965, 20 U.S.C., Section 2701 et seq. (Title 1).

(CB-106-1989)

(157)

Modular Home:

(A)

A detached "Structure" which is:

(i)

Comprised of two (2) or more portable building subassemblies;

(ii)

Originally equipped to provide complete, permanent, year-round living facilities for one (1) "Family," including a kitchen, flush toilet, bath or shower, and sleeping area; and

(iii)

Designed and constructed for connection to utilities and sanitary facilities.

(B)

A "Modular Home" shall be considered a "One-Family Detached Dwelling."

(157.1)

Monopole: A single, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one (1) or more antennas. For the purpose of this Subtitle, a monopole shall not be deemed to be a transmission tower.

(CB-123-1994)

(158)

Motel:

(A)

A "Building" or group of "Buildings" which:

(i)

Is not over two (2) "Stories" high;

(ii)

Contains six (6) or more "Guest Rooms" in each "Building";

(iii)

Has separate outside entrances for each "Guest Room"; and

(iv)

Is to be used primarily for motor vehicle transients.

(B)

The term includes auto court and motor lodge but does not include "Tourist Cabin Camp," "Hotel," or "Tourist Home." A Motel shall not be considered a "Bed-and-Breakfast Inn."

(CB-39-2009)

(158.1)

Motor Freight: Goods transported by truck for compensation by common carrier companies, as distinguished from other "Trucking Operations."

(CB-90-1992)

(158.1.1)

Moving and Storage Operation: A business established primarily for the storage of furniture, furnishings, equipment, used household goods and personal effects, files and records, and other personal property owned by others, and for uses incidental thereto, including computerized management of containerized storage, and delivery and removal of such personal property by truck.

(CB-70-2004)

(158.2)

Multifamily Dwelling Management Company: Business offices and accessory uses, such as storage of office supplies, maintenance vehicles, and maintenance equipment, used solely in connection with the rental of dwelling units in, and the operation, service, and maintenance of, two (2) or more multifamily dwelling projects.

(CB-81-1985; CB-90-1992)

(159)

Multifamily Project: Two (2) or more "Multifamily Dwellings" originally planned and developed under a uniform scheme of development, and served by common and immediate off-street parking and loading facilities.

(159.1)

Multifamily Retirement Community: A residential community for retirement aged persons developed under a uniform scheme of development, and which includes, either upon the same parcel or an adjacent parcel, medical offices, an assisted living facility, adult day care center, and/or other facilities designed for senior citizens.

(CB-85-2003)

(160)

Municipality: An incorporated city or town.

(160.1)

Natural Resource Inventory: A plan and supporting documentation or letter as defined in Section 24-101.

(CB-28-2010; CB-34-2011)

(161)

Net Lot Area:

(A)

The total contiguous area included within the "Lot Lines" of a "Lot," excluding:

(i)

"Alleys," "Streets," and other public ways; and

(ii)

Land lying within a "One Hundred (100) Year Floodplain," except as follows. In the R-A, O-S, V-M, and V-L Zones, any part of the "Lot" exceeding forty thousand (40,000) contiguous square feet may be within the "One Hundred (100) Year Floodplain." In the R-E Zone, any area of the "Lot" in excess of twenty thousand (20,000) contiguous square feet may be within the "One Hundred (100) Year Floodplain," provided that the "Lot" is served by a public water and sewerage system and is in water and sewer service area category one (1), two (2), or three (3) at the time the "Final Plat" of "Subdivision" is approved.

(B)

Unless otherwise specified, "Lot Area" means "Net Lot Area."

(C)

In a conservation subdivision developed in conformance with Section 24-152 the net lot area is the contiguous lot area located outside of the 100-year floodplain, and regulated environmental features as defined by Section 24-101.

(CB-53-1991; CB-6-2006; CB-28-2010)

(162)

Net Tract Area (Net Acreage), Cluster Development:

(A)

The "Net Tract Area" is the "Gross Tract Area" minus all land which:

(i)

Lies within a "One Hundred (100) Year Floodplain";

(ii)

Has an average slope greater than twenty-five percent (25%); and

(iii)

Has been conveyed to a public agency by means of a purchase agreement (as opposed to dedication or donation) for "Public Facilities" such as parks, schools, or public institutions.

(B)

The term applies only to tracts subdivided under the "cluster development" provisions of the County Code.

(163)

Net Tract Area (Net Acreage), Conventional Development:

(A)

The "Net Tract Area" is the "Gross Tract Area" minus all land which:

(i)

Lies within a "One Hundred (100) Year Floodplain"; and

(ii)

Has been dedicated, donated, or otherwise conveyed out of the tract.

(B)

In the R-T Zone, and in the R-30, R-30C, R-18, and R-18C Zones when developed in conformance with the requirements of the R-T Zone, local internal public and private "Streets" shall be included in the "Net Tract Area" of the development.

(C)

The term shall not apply to tracts subdivided under the "cluster development" provisions of the County Code.

(D)

Unless otherwise specified, "Tract Area" means "Net Tract Area."

(164)

Newspapers of Record: Three (3) County newspapers, designated as such by the County Council, in accordance with the requirements of the Charter of Prince George's County, Maryland.

(165)

Nonconforming Building or Structure: Any "Building" or "Structure" which is not in conformance with a requirement of the Zone in which it is located (as it applies to the "Building" or "Structure"), provided that:

(A)

The requirement was adopted after the "Building" or "Structure" was lawfully erected; or

(B)

The "Building" or "Structure" was erected after the requirement was adopted and the District Council has validated a building, use and occupancy, or sign permit issued for it in error.

(C)

Any building used exclusively for residential purposes, containing not more than three (3) dwelling units, and which was constructed prior to November 29, 1949, shall not be deemed a nonconforming building or structure.

(CB-104-1995)

(166)

Nonconforming Use:

(A)

The "Use" of any "Building," "Structure," or land which is not in conformance with a requirement of the Zone in which it is located (as it specifically applies to the "Use"), provided that:

(i)

The requirement was adopted after the "Use" was lawfully established; or

(ii)

The "Use" was established after the requirement was adopted and the District Council has validated a building, use and occupancy, or sign permit issued for it in error.

(B)

The term shall include any "Building," "Structure," or land used in connection with a "Nonconforming Use," regardless of whether the "Building," "Structure," or land conforms to the physical requirements of the Zone in which it is located.

(166.1)

Nontidal Wetland: A wetland as defined in Section 24-101.

(CB-28-2010)

(167)

Nursery and Garden Center: "Buildings," "Structures," or an area of land used for the display and sale of nursery stock or garden supplies. A temporary "Wayside Stand" is not a "Nursery and Garden Center."

(CB-35-1989)

(168)

Nursing or Care Home: A nursing home is a licensed institution which provides comprehensive medical and nursing services for chronically ill, disabled, or convalescent patients who require supervised care on a twenty-four (24) hour basis. Services are rendered by or under the supervision of a registered nurse. The term includes facilities providing subacute level nursing care and restorative care. A care home is a licensed facility which provides care to four or more individuals who, because of advanced age or physical or mental disability, require intermittent assistance in performing the activities of daily living, which may include the supervision and/or administration of medication, in a protective environment. A care home does not admit or retain residents in need of more than intermittent nursing care. The terms shall not include an "Adult Day Care Center," "Congregate Living Facility," "Group Residential Facility," or "Hospital."

(CB-90-1985; CB-59-1996)

(169)

Office: A place where the primary "Use" is conducting the affairs of a business, profession, service, nonprofit organization, or government, including administration, record keeping, clerical work, and similar business functions. An "Office" shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods, or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the "Office" may be stored as an "Accessory Use."

(CB-88-1993)

(170)

Office Building Complex: Two (2) or more office "Buildings" originally planned and developed under a uniform scheme of development, and served by common and immediate off-street parking facilities.

(171)

Open Space: Areas of land not covered by "Structures," "Driveways," or "Parking Lots." "Open Space" may include such things as decorative fencing, fountains, sculptures, statues, lawn furniture, gazebos, screening, lawn or natural terrain, picnic areas (including covered pavilions), lakes, streams, and ponds.

(171.1)

Opportunity Housing: "Dwellings" constructed by a not-for-profit housing organization pursuant to Subtitle 13, Division 8, of this Code, provided that the number of dwellings shall not exceed eight (8) dwelling units per acre in a side by side configuration or twelve (12) dwelling units per acre in a piggyback configuration, unless the zone in which such dwelling units are constructed provides for greater density.

(CB-66-1991)

(172)

Owner: The "Person" in whom legal or equitable title rests. "Owner" means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, tenant by the entirety, or joint tenant. Where the signature of an "Owner" is required, the term "Owner" includes anyone having clear written authority to act on behalf of the actual "Owner."

(173)

Parking Garage: A "Building" (other than a motor vehicle sales room) used for parking private motor vehicles. A "Parking Garage" shall not be used for the storage of dismantled or wrecked vehicles, motor vehicle parts, or junk. A "Parking Garage" shall not be considered an "Accessory Building" unless it is used for parking vehicles in accordance with Part 11.

(174)

Parking Garage, Private: A "Parking Garage" used for housing private "Passenger Vehicles" and such "Commercial Vehicles" as are allowed to be parked in the zone in which such garage is located. Not over fifty percent (50%) of the garage shall be used for vehicles not owned by the occupants of the premises. The garage shall be either an "Accessory Building" or part of a "Main Building."

(CB-129-1989)

(175)

Parking Garage, Public: A "Parking Garage" used for the housing of six (6) or more motor vehicles, where any service or repair facilities are incidental. The garage shall not be considered an "Accessory Building."

(176)

Parking Lot: An area of land (other than a "Vehicle Sales Lot") used for parking private "Passenger Vehicles." A "Parking Lot" shall not be used for the storage of dismantled or wrecked vehicles, motor vehicle parts, or junk. ("Parking Lots" used in accordance with Part 11 prior to March 1, 1985, were called "Automobile Parking Compounds.")

(177)

Passenger Debarkation Area: An area used for the loading and unloading of "Passenger Vehicles," which:

(A)

Is connected to a public "Street" by a "Driveway" having separate ingress and egress lanes;

(B)

Is of sufficient size to accommodate turnaround movements of "Passenger Vehicles" (except where traffic is limited to one-way); and

(C)

Is not part of a "Parking Lot."

(177.1)

Pawnshop: A business at which a person lends money on the deposit or pledge of tangible personal property or purchases tangible personal property on the condition of reselling the same to the seller at a stipulated price.

(CB-28-1997)

(177.2)

Performance Arts Center: A performance arts mixed-use community, one or more adjoining structures housing two or more of the following uses: theaters or performance space for dramatic, dance, or musical productions; museums or galleries for display or exhibition of any form of artwork; schools, training centers, or practice space for artists; and accessory office, storage, or workplace areas for any such uses. Accessory offices for the community may be located adjacent to the property with the main use, and any such accessory offices shall be considered, for permitting purposes, as a part of the performance arts center. A performance arts center must be located within two miles of artists' residential studios in existence or approved for construction, but this requirement does not apply to accessory offices. Performance arts center structures may also house other nonresidential uses, but the other uses may not occupy more than 25% of the gross floor area of the performance arts center. Individual units may be owned by artists or arts organizations or commercial retailers or service providers, but all structures and common areas must be owned or controlled by a nonprofit corporation or association which restricts use and occupancy of performance and exhibition space to artists and which is responsible for maintenance of the structures and their continued use as a performance arts center.

(CB-12-2001)

(177.3)

Performance Arts Rehearsal Studio: A space, reserved by appointment only, for practicing, rehearsing, and/or recording by performance arts uses, including musical productions and artists' preparation for display or exhibition of any form of artwork. May include accessory office, storage, or workplace areas for any such uses, but shall not include any admission to the general public, and does not house more than 40 occupants at any one time. The use must conform with applicable noise pollution requirements set forth in Subtitle 19 of this Code.

(CB-79-2017)

(178)

Person: Any individual or natural person, legal entity, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business or other trust, civic association, municipality, government organization or entity, or any other organization, whether or not legally incorporated.

(CB-12-2003)

(179)

Person of Record (Party of Record):

(A)

In any zoning case, a person or party of record includes:

(i)

The owner, applicant, and correspondent;

(ii)

Any municipality, civic association, or other person which requests, by writing or testimony, to become a person or party of record on or before the date the Zoning Hearing Examiner takes the case under advisement; and

(iii)

The Development Review District Commission if the property is located in a Development Review District.

(B)

In any Sectional Map Amendment (SMA) or other matter (under this Subtitle) not heard by the Zoning Hearing Examiner, a person or party of record includes the owner, applicant, and correspondent of a pending application; a municipality, civic association, or other person which, in writing or in testimony before the District Council, Planning Board, or other body, requests to be made a person or party of record, and the Development Review District Commission, if the property is located in a Development Review District, prior to the closing of the hearing record on the matter.

(CB-133-1986; CB-12-2003)

(180)

Pet Shop: An establishment which sells two (2) or more species of live animals as pets. The term does not include commercial establishments which sell these pets as an "Accessory Use."

(181)

Physically Handicapped Person: An individual who has a physical impairment which:

(A)

Is expected to be of long-continued and indefinite duration;

(B)

Substantially impedes the ability to move about and live independently; and

(C)

Is of such a nature that this ability could be improved by more suitable housing conditions, barrier-free design of "Buildings," and reserved, specially-designed parking facilities.

(181.1)

Pier, Private: A privately owned platform extending from a shore over water and supported by piles or pillars, used to secure, protect, and provide access to boats.

(CB-57-1989)

(181.2)

Planned Environmental Preservation Community: A high-quality residential community meeting the purposes and standards in Part 8, Division 5, of this Subtitle, where dwelling units are built in clustered, attached, or multifamily development, to enhance and preserve significant environmental features on and adjacent to the community property. The property must include at least fifty (50) acres of contiguous parcels in a Comprehensive Design Zone with a Basic Plan and Comprehensive Design Plan approved before January 1, 2001, and must lie adjacent to planned and zoned employment and office uses and one or more significant environmental features, such as designated scenic rivers or streams.

(CB-35-2003)

(181.3)

Planning Board: The Prince George's County Planning Board of the Maryland-National Capital Park and Planning Commission.

(CB-35-2003)

(182)

Playground: An area used for indoor or outdoor play or recreation, especially by children, which may contain recreational equipment such as seesaws, slides, and swings, regardless of whether it is in public or private ownership. A "Playground" may be a primary or an accessory use. Play areas located on a lot developed with a single-family dwelling and to which the public is not generally invited shall not be deemed a "Playground."

(CB-22-1999; CB-35-2003)

(183)

Porch, Open: A porch without a roof or other covering. (See Figure 22.)

(CB-35-2003)

(184)

Preliminary Plat (or Plan) of Subdivision: The preliminary detailed drawing (to scale) of a tract of land, depicting its proposed division into "Lots," "Blocks," "Streets," "Alleys," or other designated areas within a proposed "Subdivision."

(CB-35-2003)

(184.1)

Prisons, Detention Centers, and Corrections Facilities: Buildings or structures used for the incarceration of persons convicted of crimes or awaiting trial, or otherwise held under legal authority.

(CB-4-2004)

(184.2)

Private Automobile and Other Motor Vehicle Auctions: An area used for the sale at auction on a recurring basis of motor vehicles, including but not limited to, cars, trucks, vans, trailers, motorcycles, motor homes, and buses. Private vehicle auctions are venues for the sale of vehicles between state-licensed dealers, wholesalers, and/or state-licensed dealers and the general public who are required to register as a bidder for the privilege of purchasing a vehicle. Auction sales may only be conducted by a state-licensed dealer or an auctioneer holding a valid state Trader's License. Private vehicle auctions include businesses conducting on-site auctions and businesses auctioning vehicles through Internet sites.

(CB-59-2010)

(184.2.01)

Private Limousine Service Dispatching Station: A facility operated by a limousine service, whereby limousines, as defined in Section 20-102(a)(8) of this Code, receive and are dispatched to calls for non-emergency transportation service, and at which the limousines return at the conclusion of agreed terms of the service, including on-site parking for the limousine vehicles.

(CB-87-2015)

(184.3)

Public Benefit Conservation Subdivision: A conservation subdivision that prioritizes site characteristics which conserve important site features such as open space networks and contiguous woodland habitats adjacent to other existing open spaces tracts. The site design of such subdivisions should encourage connectivity between environmental characteristics of adjacent properties and should provide a continuous open space network between the proposed development layout and the adjacent properties. Intermodal trails which provide a link to adjacent properties as an enhancement of recreational opportunities are encouraged. A Public Benefit Conservation Subdivision shall provide for more tree conservation on site than required and significantly more conservation acreage in parcels more than the 40% gross tract area requirement for a conservation subdivision.

(CB-32-2008)

(185)

Public Buildings and Uses: Any land, "Building," or "Structure" used for public purposes by any agency, department, or branch of County, State, Municipal, or Federal Government; but not including any vehicle or trailer parking, storage, or marshalling use which does not serve a public building or use in the County.

(CB-20-2000)

(186)

Public Facilities: Facilities and services, such as water, sewerage, transportation (streets and mass transit), schools, libraries, recreation, police protection, and fire and emergency service, that are publicly owned and maintained; privately owned and maintained streets and recreational facilities authorized pursuant to Subtitle 24 of this Code; and voluntary fire or rescue squad stations.

(186.1)

Public Facilities Financing and Implementation Program: A comprehensive program established by the County Council and intended to implement and facilitate General Plan, Master Plan, or Sector Plan recommendations regarding the construction and maintenance of public facilities not subject to public facilities surcharges, including water, sewerage, transportation (streets and mass transit), libraries, recreation, and privately owned and maintained streets and recreational facilities authorized pursuant to Subtitle 24 of this Code. Intended to include some or all proposed and future development in a specified area, this program should include provisions for financing strategies including, but not limited to, pro-rata contributions, sale leasebacks, funding "clubs," the Surplus Capacity Reimbursement Procedure provided in Section 24-124 of the County Code, and other methods to ensure equity. Costs for the proposed and future development in a specified area established within a Public Facilities Financing and Implementation Program (PFFIP) include annual cost adjustments in a percentage equivalent to the percentage by which the Engineering News-Record (ENR) cost indices of local construction costs for the Washington Metropolitan area have changed. Cost adjustments for public facilities shall be based the final cost of said improvements authorized pursuant to Subtitle 24 of this Code. Techniques may include but are not limited to tax increment financing, special taxing districts, alternative construction financing, property tax reductions, tax credits, and/or Federal, State, or local programs. Public facilities surcharges for public safety and schools will be collected and distributed in accordance with applicable law. Fees collected in excess of required surcharges shall be included in any established Public Facilities Financing and Implementation Program for that area.

(CB-77-2006; CB-78-2006; CB-81-2012)

(187)

Public Utility: A privately owned facility which provides the public with electricity, natural gas, water or sewer service (as part of a community system), or wire-transmitted telecommunications service; or any privately-owned railroad facility.

(CB-65-2000)

(187.1)

Qualifying Patient: An individual who: (a) lives in the State of Maryland, or during that time an individual is present in the State, is physically present in the State for the purpose of receiving medical care from a medical facility in the State; (b) has been provided with a written certification by a certifying physician in accordance with a bona fide physician-patient relationship; and (c) if the person is younger than eighteen (18) years old, has a caregiver.

(CB-5-2016)

(188)

Rear Wall: Except as otherwise specified, any wall of a "Building" facing the "Rear Yard."

(189)

Record Lot: See "Lot, Record."

(190)

Record Plat: An official plat of "Subdivision," as recorded in the Land Records of Prince George's County, Maryland.

(191)

Recreational Campground: An area of land designed to accommodate two (2) or more "Camping Trailers" or tents (but excluding "Mobile Homes"), together with supporting facilities and "Open Spaces." This term shall not include camping resorts and camping communities in which lots are sold; migrant labor camps; "Mobile Home Communities" or "Trailer Camps"; or "Camping Trailer" storage or sales lots on which unoccupied units are parked for inspection and sale or lease.

(192)

Recreational or Entertainment Establishment of a Commercial Nature: An establishment which provides entertainment, recreation, or amusement for profit, (which may include a Video Lottery Facility only in accordance with Section 27-548.01.04 of this Subtitle). This term shall not include an "Amusement Arcade," "Reducing/Exercise Salon or Health Club," or a "Massage Establishment" but shall include any form of a "Rental Hall" or "Dance Hall" or "Banquet Hall" not sanctioned by another special exception or private club.

(CB-46-2010, CB-56-2011; CB-6-2014)

(193)

Recreational Program, Before- and After-School: Supervised recreation (not operated by a public agency) for children (three (3) to sixteen (16) years of age) during regularly scheduled periods not exceeding two (2) hours daily before school classes begin and four (4) hours daily after the normal school closing time, which is operated in a community-oriented facility, such as a "Church," service club, school, or civic association "Building."

(CB-75-1985; CB-23-1988; CB-13-2014)

(194)

Recycling Plant: Any establishment in which a finished product is broken down (excluding biological or chemical decomposition) with the intent of either making a new product or reusing the disassembled parts. Vehicle demolition, salvage, storage operations, electronic recycling facilities and concrete recycling facilities are not included.

(CB-78-2004; CB-91-2012)

(195)

Reducing/Exercise Salon or Health Club: An establishment providing programs for controlled exercise, weight lifting, calisthenics, and general physical fitness or weight reduction. This "Use" shall not be considered a "Massage Establishment" where it occupies at least five thousand (5,000) square feet of "Gross Floor Area," of which not more than five percent (5%) is used for massages, and where the gross income from massages is less than fifteen percent (15%) of the total gross business income derived from physical fitness sales contracts at each business location.

(196)

Reduction of Fish and Animal Products: Any process involving heat (including rendering, cooking, drying, dehydrating, acidulating, digesting, evaporating, or protein concentrating of animal matter), the end product of which is not intended for internal human consumption.

(197)

Regional District Act: Article 28 of the Annotated Code of Maryland.

(197.1)

Regional Urban Community: A contiguous land area of 500 or more acres in the M-X-T or R-M Zone within a General Plan designated center in the Developing Tier, and which is to be developed as follows: a mixed use, urban town center including retail office and residential uses with a defined core, edge and fringe as defined by the Sector Plan; transit-and-pedestrian-oriented, with ample public spaces suitable for community events, adjacent to a planned or developed public park of 100 or more acres that includes a variety of recreational and cultural facilities for public use, such as amphitheaters, performance stages and plazas.

(CB-29-2008)

(197.2)

Regulated Environmental Features: Features as defined in Section 24-101.

(CB-28-2010)

(197.3)

Regulated Stream: A stream as defined in Section 24-101.

(CB-28-2010)

(198)

Remand De Novo: A remand of a "Zoning Case" back to the Planning Board for the purpose of processing the application over again as if it were a new one.

(198.1)

Residential Revitalization: The renovation or redevelopment of any form of existing multifamily or attached one-family dwelling units, or unimproved property on which multifamily dwelling units existed on January 1, 2011, but were subsequently razed as a result of condemnation proceedings initiated by the County, in a designated Revitalization Tax Credit District, where the renovation or redevelopment meets the standards and criteria in Section 27-445.10.

(CB-58-2001; CB-13-2011)

(198.2)

Respite Care: Respite care means short-term care for disabled persons, given at a location other than an individual's residence, in order to relieve the family or care giver. Respite care for short-term care shall be regulated under COMAR 10.07.03 Domiciliary Care.

(CB-57-1986; CB-58-2001)

(199)

Reserved.

(200)

Reserved.

(201)

Resubdivision: A "Subdivision" which is a rearrangement of "Lot Lines" shown on a previously recorded plat or deed.

(202)

Retail: The sale of commodities or goods, usually in small quantities, directly to ultimate consumers. The term shall not include a "Pawnshop" as defined in this Subtitle.

(CB-28-1997)

(202.1)

Retail Tobacco Business: A retail store where the primary use is the retail sale of tobacco products and tobacco smoking accessories which may include on site consumption in accordance with Section 19-131 of the County Code and the incidental sale of food and or beverage provided the gross floor area of the food and or beverage area does not exceed forty-nine percent (49%) of the gross floor area.

(CB-15-2017)

(203)

Riding Stable: An establishment where horses are boarded and cared for. Instruction in riding, jumping, and showing may be offered, and horses may be rented to the general public for riding.

(203.1)

Rock Crusher: A piece of machinery or equipment, either stationary or transportable, used to break up materials such as concrete and asphalt into stone.

(CB-15-1990)

(204)

Rooming House: A "Dwelling" in which (for compensation) lodging (excluding meals) is furnished by the inhabitants to four (4) or more, but not over nine (9), guests. The "Dwelling" shall contain not over five (5) "Guest Rooms." A Rooming House shall not be considered a "Bed-and-Breakfast Inn."

(CB-39-2009)

(204.1)

Routine Maintenance or Repairs: Activities that do not require a building permit, that are associated with regular (e.g., daily, weekly, monthly, etc.) or general upkeep of a building, parking lot or parking facility, signage or open space, equipment, machine, plant, or system against normal wear and tear that maintain the asset's functionality and preserve value.

(CB-2-2015)

(205)

Sanitary Landfill: A planned, systematic method of refuse disposal where waste material is placed in the earth in layers, compacted, and covered with earth or other approved covering material at the end of each day's operation, or any method of in-ground disposal of sludge other than for fertilization of crops, horticultural products, or floricultural products in connection with an active agricultural operation or home gardening. A "Sanitary Landfill" includes a "Rubble Fill" for construction and demolition materials.

(CB-57-1989)

(206)

School, Private: A private school or training institution which offers a program of college, professional, preparatory, high school, middle school, junior high school, elementary, kindergarten, or nursery school instruction; or any program of trade, technical, professional, or artistic instruction. A private school is not a "Home Occupation." The term does not include:

(A)

Any institution which is under the jurisdiction of the Prince George's County Board of Education; or

(B)

Any activity offering instruction which is carried on by a single teacher, tutor, or instructor having a total enrollment of less than six (6) students.

(CB-23-1988)

(206.1)

Seafood Market: A retail store where the sole "Use" is the sale of edible fish, shellfish, and related items. Accessory wholesaling may be permitted, provided it is limited to twenty-five percent (25%) of the gross floor area of the store.

(CB-49-1987; CB-93-1996; CB-94-2000)

(206.2)

Sector Plan: A comprehensive plan for the physical development of a portion of one or more planning areas, showing in detail such planning features as type, density and intensity of land uses, pedestrian traffic features, public facilities (parking structures, public open space, rapid transit station, community service provisions, and the like), and relationship of the various uses to transportation, services, and amenities within the area of the sector plan and, where appropriate, to other areas. The sector plan may include maps, graphics, and text and is designated as the sector plan for the area which it encompasses.

(CB-8-2000; CB-35-2011)

(207)

Setback: Except as provided for Special Exceptions (Section 27-328.1), the distance between a "Building" (including enclosed projections) or "Structure" (not including ground-level paved services, unless specifically noted) and the "Street Line" or "Lot Line." Required "Setbacks" determine an area within which a "Building" or "Structure" may be placed. (Also see "Building Line," "Yard," and Figure 5.)

(208)

Shopping Center, Integrated: A group of (three (3) or more) retail stores planned and developed under a uniform development scheme and served by common and immediate off-street parking and loading facilities.

(209)

Side Wall: Except as otherwise specified, any wall of a "Building" facing a "Side Yard."

(210)

Sign: Any letter, word, numeral, figure, design, projected image, picture, illustration, emblem, symbol, trademark, banner, pennant, or other device, which is used to announce, direct attention to, identify, advertise, or otherwise make anything known. Signs do not include the flag or emblem of any nation; county; state; city; religious, fraternal, or civic organization; decorations or works of art which in no way identify a product or business. (See Figure 23.)

(CB-59-1993)

(211)

Sign, Incidental: A "Sign" designating an "Accessory Use," such as a "Medical Practitioner's" office (in a "Dwelling"), "Home Occupation," or similar use, or exclusively advertising the sale of farm products grown or produced on the premises. (See Figure 24.)

(CB-59-1993)

(212)

Sign, On-site: "Sign" directing attention to a business, commodity, service, entertainment, event, or similar activity conducted on the premises upon which the "Sign" is located.

(CB-59-1993)

(213)

Sign, Outdoor Advertising (Billboard): A "Sign" (including " Bulletin", "Poster Panel", and "Digital Billboard") which directs attention to a business, commodity, service, entertainment, event, or other activity conducted, sold, or offered elsewhere than upon the property on which the "Sign" is located. The term also means a permanent "Sign" advertising the sale, lease, rental, or designation of real estate located elsewhere than on the property upon which the "Sign" is located. A "Bulletin" is an "Outdoor Advertising Sign" having an area greater than three hundred (300) square feet. A "Poster Panel" is an "Outdoor Advertising Sign" which generally has panels of poster paper attached to it, and an area not greater than three hundred (300) square feet. (See Figure 25.) A Digital Billboard is an "Outdoor Advertising Sign" utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A Digital Billboard may be internally or externally illuminated. Digital Billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure. Each static message shall not include flashing or the varying of light intensity.

(CB-23-1992; CB-59-1993; CB-84-2016)

(214)

Sign Projecting: A "Sign" which projects outward or downward from a "Building" or "Canopy" more than twelve (12) inches. (See Figure 26.)

(215)

Sign, Real Estate: A "Sign" which advertises the sale, lease, rental, or development of the property upon which it stands, or directs attention to the opening and location of a new "Subdivision," neighborhood, or Community.

(215.1)

Sign, Stadium Wayfinding: A "Sign" on the premises of an "Arena (Stadium)" which provides parking location identification and similar information for the "Arena (Stadium)". A "Stadium Wayfinding Sign" may also direct attention to a business, commodity, service, entertainment, event or other activity conducted, sold or offered elsewhere than upon the "Arena (Stadium)" property, notwithstanding the provisions of Section 27-593 of this Subtitle.

(CB-54-2012)

(216)

Sign, Window: A "Sign" that is attached to, or painted on, a window so that it can be read from outdoors. (See Figure 27.)

(216.1)

Skating Facility: A facility, the use of which is primarily devoted to ice skating, and which is privately owned and operated. The facility may also be used as a site for competitive events and as a practice and training facility. Ancillary uses may include meeting rooms, training rooms, videotape rooms, a restaurant, a pro shop, a snack bar, and outdoor training fields.

(CB-89-1994)

(216.2)

Small Group Child Care Center: An establishment in which a program is operated in a dwelling unit, by a resident of the dwelling unit, that provides care and activities for between nine (9) and twelve (12) children on a regular schedule (more than once a week). This term shall not include "Day Care Center for Children," "Family Day Care," "Recreational Program, Before- and After-School," or "School, Private."

(CB-131-1993; CB-89-1994)

(217)

Sorority House: See "Fraternity or Sorority House."

(218)

Spa: A "Structure" (together with all associated "Buildings" and appurtenances), other than a baptismal font, bathtub, "Swimming Pool," or wading pool, which:

(A)

Is designed to contain water for immersion and soaking of the human body for relaxation or recreation;

(B)

Is structurally stable when empty or full of water; and

(C)

Is constructed of a smooth impervious material.

(219)

Spa, Community: A "Spa" which:

(A)

Is owned and operated by the members of a club, cooperative, or association;

(B)

Is not organized for profit;

(C)

Is operated in conjunction with, on the same "Lot" as, and as an integral part of, a "Community Swimming Pool"; and

(D)

Is restricted to use by either families of members and their guests, or, if operated in connection with a "Multifamily Dwelling" or "Attached Dwelling" development, to residents and their guests.

(220)

Spa, Private: A "Spa" which either:

(A)

Solely serves an individual "Dwelling Unit";

(B)

Is used within a "Hospital," "Nursing or Care Home," "Medical Clinic," or "Medical Practitioner's" office solely for therapeutic purposes on the advice of a "Medical Practitioner"; or

(C)

Is located in an institution such as a school, or in a sports "Arena (Stadium)," solely for use by athletes on an individual basis.

(221)

Spa, Public: Any "Spa" other than a "Community Spa" or "Private Spa."

(221.1)

Storefront Area: Land area within a "Village Proper" in the V-M and V-L Zones, so designated in the village plan, generally for commercial use and upon which commercial structures and "Storefront Dwellings" may be erected.

(CB-53-1991)

(222)

Stormwater Management Task Force: A task force composed of the heads of various Prince George's County agencies, including the Maryland-National Capital Park and Planning Commission, Department of Public Works and Transportation, Department of the Environment, Department of Permitting, Inspections, and Enforcement and Soil Conservation District, as well as the County's Chief Administrative Officer and the Council Administrator.

(CB-133-1986; CB-63-1987; CB-29-2014; CB-32-2014)

(223)

Story: The space (excluding a "Crawl Space") between the surface of two successive floors in a "Building" or between the top floor and the ceiling or underside of the roof framing. A "Story" is not a first "Story" if its floor level is more than five (5) feet above the "Average Building Grade" and there is another floor beneath it. A "Basement" shall be counted as a "Story" if its ceiling is over five (5) feet above the "Average Building Grade" or it is not used exclusively for storage or the mechanical elements of the "Building." The space between a mezzanine floor and the floor above it shall be counted as a "Story" if it covers more than one-third (1/3) of the area of the floor below it, or if the distance between the floors immediately below and above the mezzanine is at least twenty (20) feet. (See Figure 1.)

(224)

Story, Half: See "Half-Story."

(224.1)

Stream: See "Regulated Stream."

(CB-28-2010)

(225)

Street:

(A)

A "Street" is:

(i)

A public or dedicated right-of-way at least thirty (30) feet in width; or a private road, right-of-way, or easement along which development is authorized pursuant to Subtitle 24, except for easements created under Section 24-128(b)(9), to avoid potentially hazardous or dangerous traffic situations, for easements utilized pursuant to Section 24-128(b)(10) for opportunity housing, or for right-of-way easements in an integrated shopping center pursuant to Section 24-128(b)(15); or

(ii)

A proposed "Street" right-of-way or widening shown on the applicable "General Plan," "Master Plan," or "Functional Master Plan"; or in the current Capital Improvement Program or Maryland State Consolidated Transportation Program; or on a "Record Plat."

(B)

An "Other Public Road" designated by the Director of the Department of Public Works and Transportation shall be deemed a public street for the purpose of constructing a one-family detached dwelling, provided that:

(i)

The "Other Public Road" has a right-of-way width of at least thirty (30) feet; and

(ii)

No subdivision plat is required prior to development of the lot which abuts the "Other Public Road."

(CB-32-1989; CB-38-1990; CB-25-1992; CB-57-2003)

(226)

Street, Center Line of:

(A)

The line established as the center of a "Street" by any State, County, or other governing body having jurisdiction over the "Street," and shown as such on an officially adopted or legally recorded map;

(B)

The line lying midway between the "Street Lines," if no "Center Line" has been established in (A), above, or there exists a conflict among several maps; or

(C)

The line midway between the edges of the "Street" pavement or well defined travelled way, if the "Center Line" has not been determined under (A) or (B), above.

(226.1)

Street Furniture: Elements of the streetscape, whether freestanding or fixed, generally associated with amenities for pedestrians, that occupy a place on the sidewalk, on a plaza, or in another type of pedestrian area. Street furniture includes, but is not limited to, benches and other forms of seating, planters, kiosks, signage, lighting fixtures, shelters, and waste disposal containers.

(CB-20-1990)

(227)

Street Line: A line separating the "Street" from abutting property. For the purpose of this definition a "Street" is whichever of the following two groups of vehicular ways indicates the greatest right-of-way width:

(A)

A public or dedicated right-of-way at least thirty (30) feet in width; or a private road right-of-way or easement along which development is authorized pursuant to Subtitle 24; or

(B)

A proposed "Street" right-of-way or widening shown on the applicable "General Plan" or "Master Plan," or "Functional Master Plan"; or in the current Capital Improvement Program or Maryland State Five (5) Year Highway Construction Program; or on a "Record Plat."

(228)

Structure: Anything constructed or built.

(229)

Subdivision: The division by plat or deed of a piece of property into two (2) or more "Lots," plots, sites, tracts, parcels, or other land divisions.

(230)

Surface Mining: The extraction of natural materials or deposits from the earth (such as sand, gravel, clay, rock, stone, earth, or topsoil).

(231)

Swimming Pool: A man-made enclosure used as a wading or swimming facility, and having a depth of at least three (3) feet (measured at its deepest point).

(232)

Swimming Pool, Commercial: A "Swimming Pool" or wading pool (including necessary incidental facilities) operated for profit or accessory to a commercial use.

(233)

Swimming Pool, Community:

(A)

A "Swimming Pool" or wading pool (including necessary incidental facilities) which is:

(i)

Owned and operated by members of a club, cooperative, or association, whether incorporated or unincorporated;

(ii)

Not organized for profit; and

(iii)

Restricted to use by members and their guests.

(B)

The term shall include a "Swimming Pool" maintained as an "Accessory Use" in connection with any "Multifamily Dwelling," "Townhouse," or other "Attached Dwelling" development exclusively for residents and their guests.

(234)

Swimming Pool, Private: A "Swimming Pool" or wading pool which is:

(A)

Owned and maintained by an individual for the sole use of his household and guests;

(B)

Located on a "Lot" as an "Accessory Use" to the owner's residence; and

(C)

Not operated for profit or in connection with any business operated for profit.

(234.1)

Table Games: As set forth in Section 9-1A-01(w-2), State Government Article, Annotated Code of Maryland, means:

(A)

roulette, baccarat, blackjack, craps, big six wheel, minibaccarat, poker, pai gow poker, and sic bo, or any variation and composites of such games; and

(B)

gaming tournaments in which players compete against one another in one or more of the games authorized under paragraph (A) of this subsection.

(CB-6-2014)

(234.2)

Tattoo Parlor: An establishment wherein designs, letters, figures, body piercing or other marks are placed upon the skin of any person, using ink or other substances that result in the permanent coloration or piercing of the skin by means of use of needles or other instruments designed to contact or puncture the skin.

(CB-10-2012; CB-6-2014)

(235)

Technical Staff: The staff of the Prince George's County Planning Board.

(235.1)

Telecommunications: A process that permits the passage of information from a sender to one (1) or more receivers in a usable form, such as printed copy, fixed or moving pictures, and visible or audible signals, by means of any electromagnetic system, such as electrical transmission by wire or radio. This includes such uses as telegraphy and telephone.

(CB-123-1994)

(236)

Theatre, Drive-In: An outdoor facility where motion pictures are shown to an audience parked in private "Passenger Vehicles."

(236.1)

Tobacco Shop: A retail store where the primary "Use" is the retail sale of, for off-site consumption, tobacco products, tobacco smoking accessories, and related tobacco items.

(CB-92-2015)

(237)

Tourist Cabin Camp: An area of land upon which are located one (1) or more cottages, cabins, or "Mobile Homes" used to accommodate transient guests. A "Mobile Home Community" or "Recreational Campground" is not a "Tourist Cabin Camp."

(238)

Tourist Cabin Plot: A section of ground within a "Tourist Cabin Camp" upon which is located a cottage, cabin, or "Mobile Home."

(239)

Tourist Home: A "Building" containing not over nine (9) "Guest Rooms" where (for compensation) lodging or meals are provided for transient guests. For purposes of this Subtitle, a "Tourist Home" is not a "Home Occupation," "Bed-and-Breakfast Inn," "Hotel," or "Fraternity or Sorority House."

(CB-39-2009; CB-10-2018)

Editor's note— Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.

(240)

Townhouse: One (1) of a group of three (3) or more attached "Buildings" arranged or designed as "One-Family Dwellings" which:

(A)

Are entirely separated from each other by walls extending from the lowest floor to the roof; and

(B)

Have separate entrances from the outside. (See Figure 28.)

The term shall not include a one-story "quadruple-attached dwelling" located in a Planned Retirement Community or Mixed Retirement Development.

(CB-83-1997)

(240.1)

Townhouse, Transit Village: One (1) of a group of four (4) or more attached "Buildings" arranged or designed as "One-Family Dwellings" which:

(A)

Are arranged side by side;

(B)

Are entirely separated from each other by walls extending from the lowest floor to the roof; and

(C)

Have separate entrances to each "Building" from the outside.

The term shall not include "Dwelling, Quadruple-Attached" as defined elsewhere in this Subtitle.

(CB-37-2006)

(241)

Trailer: Any vehicle designed to be towed by another vehicle and used for carrying objects or animals, or for human occupancy for business purposes).

(242)

Trailer Camp: An area of land used to accommodate "Mobile Homes" used for residential purposes. A "Trailer Camp" does not include "Trailer," "Mobile Home," or other "Vehicle Sales Lots," on which unoccupied "Trailers," "Camping Trailers," or "Mobile Homes" are parked for inspection and sale or lease, or "Recreational Campgrounds." The term shall include all "Buildings," "Structures," or vehicles used as accessory equipment of the camp.

(242.1)

Transfer Station: A place or facility where solid wastes are taken from a transportation unit or collection vehicle and placed in another transportation unit or collection vehicle for transport to a solid waste acceptance facility. The movement or consolidation of solid waste at the point of generation is not a Transfer Station. A "Materials Recovery or Processing Facility," as defined in Section 21-143 of the Prince George's County Code, and a "Waste Material Separation and Processing Facility" and "Recycling Plant," as defined in this Section, are not Transfer Stations.

(CB-71-1994)

(242.2)

Transit Oriented Development Project, Expedited: A development proposal, designated for expedited review in accordance with Section 27-290.01 of this Subtitle, where:

(A)

the subject property is located entirely within a Transit District Overlay Zone ("TDOZ"),

(B)

for a constructed Washington Metropolitan Area Transit Authority ("WMATA") Metrorail station for which there is no approved TDOZ, the subject property has greater than fifty percent (50%) of its net lot area located within a one-half mile radius of the constructed WMATA Metrorail station as measured from the center of the transit station platform,

(C)

the subject property is located entirely within the Bowie State Maryland Area Regional Commuter ("MARC") Station Community Center designation area as defined in the Approved Bowie State MARC Station Sector Plan and Sectional Map Amendment,

(D)

the subject property will be developed for a public building or public use, to be operated or occupied by any department or branch of federal or state government for public purposes, excluding warehouses; the public building or public use included in the project is subject to an executed lease, or letter of intent to enter into a lease, with a term of not less than 20 years; the total density of the public building or public use is a minimum of five hundred thousand (500,000) square feet; greater than fifty percent (50%) of its net lot area is located within a one-half mile radius of a constructed WMATA Metrorail station as measured from the center of the transit station platform; and the project would not otherwise be subject to Mandatory Referral in accordance with Land Use Article § 20-301 of the Annotated Code of Maryland, or

(E)

the subject property is located entirely within a one-half mile radius of a proposed Purple Line station as measured from the proposed center of the transit station platform.

(CB-20-2013; CB-53-2018)

(243)

Transit Stop, Major: A rapid rail transit terminal "Building," or a public transit stop served by fifteen (15) or more transit vehicles travelling in one direction during a peak hour.

(243.1)

Transitional Shelter for the Homeless: A freestanding residential facility owned and operated by an eleemosynary or philanthropic organization used for short-term living facilities for groups of two (2) or more homeless individuals related by blood, adoption or marriage, each occupying an individual residential unit. The term shall not include "Adult Day Care Center," "Congregate Living Facility," "Foster Home," "Group Residential Facility," "Hospital," "Nursing or Care Home," or "Eleemosynary or Philanthropic Institution."

(CB-62-1991)

(243.2)

Trash Removal Services: A business involving the dispatching and storage of trucks or dumpsters for the purpose of trash removal.

(CB-82-1991)

(243.3)

Tree canopy: The land area under the dripline of an existing tree or group of trees or the amount of credit provided for planting trees of a certain species and certain size at time of planting in conformance with the worksheet provided in The Woodland and Wildlife Conservation Technical Manual.

(CB-28-2010)

(243.4)

Tree canopy coverage: The combined area measured in square feet of the tree canopies of existing trees and trees planted in conformance with Subtitle 25, Division 3 and The Woodland and Wildlife Conservation Technical Manual. Tree canopy coverage requirements are measured using a percentage of the gross tract area.

(CB-28-2010)

(243.5)

Tree Conservation Plan: A site map that delineates woodland conservation areas and associated text that details the requirements, penalties, and/or mitigation in conformance with Division 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual.

(CB-75-1989; CB-82-1991; CB-28-2010)

(243.6)

Trucking Operation: Any facility, other than the administrative offices, of a business established for the purpose of carting, hauling, moving, or otherwise transporting goods, materials, equipment, supplies, possessions, vehicles, or other items by truck for compensation. A "Motor Freight" company is a "Trucking Operation." No storage building used by a "Trucking Operation" shall be considered a "Distribution Facility" or "Warehouse Unit."

(CB-90-1992; CB-13-2000; CB-40-2004; CB-28-2010))

(243.7)

University Research and Development Park: A technology-based university research and development park containing university, private sector, institutional, non-profit and/or governmental uses featuring commercial office, biotechnology, bioscience, information technology, green technology, aeronautics, agriscience or similar fields. The proposed park should encourage a mix of educational, office, light industrial, supporting retail (not to exceed ten percent (10%) of the developed gross floor area), and recreational uses designed in a setting to attract technology-based employment and research activities. The ten percent (10%) limitation on supporting retail developed gross floor area shall exclude any eating or drinking establishments. Additionally, all uses typically deemed accessory to the university or college uses, including but not limited to, supporting residential facilities for students, research fellows, administrators, professors, scientists, research professionals and /or scholars shall be included in this definition. The designation of a University Research and Development Park shall not preclude other uses otherwise allowed in the applicable zoning category.

(CB-72-2010)

(243.8)

Urban Farm: A use that permits a non-profit organization or for-profit business to cultivate fruits, vegetables, flowers, that permits composting, beekeeping, agricultural education, and incidental sales (excluding in the R-80 and R-55 Zones) on the property, and excludes livestock. However, a Health Department permit is required if fruits and vegetables are cut up or prepared foods are sold to the public. The non-profit organization or for-profit business operating an urban farm shall be a cooperator with the Prince George's Soil Conservation District, and operate under an approved Farm Management Plan. Accessory structures ordinarily found in association with an Urban Farm are permitted. The appearance and scale of all accessory structures shall be in compliance with the existing requirements of the zone. Off-street parking and loading requirements in Part II and Landscape Manual regulations do not apply to an Urban Farm. The term shall not include "Agriculture."

(CB-76-2013; CB-25-2016)

(244)

Use:

(A)

A "Use" is either:

(i)

The purpose for which a "Building," "Structure," or land is designed, arranged, intended, maintained, or occupied; or

(ii)

Any activity, occupation, business, or operation carried on in, or on, a "Building," "Structure," or parcel of land.

(245)

Use, Accessory: The "Use" of a "Building," "Structure," or land which:

(A)

Is subordinate to, customarily incidental to, and ordinarily found in association with, a principal "Use," which it serves. (When a specific "Use" is allowed in the Tables of Uses accessory to a principal "Use", the "Accessory Use" need not be customarily incidental to, or ordinarily found in association with, the principal "Use");

(B)

Is subordinate in purpose, area (except in the case of a cemetery that is accessory to a church, convent, or monastery, provided both uses were existing as of January 1, 1991), floor area, intensity, and extent to, and located on the same "Lot" with, the principal "Use", except that a "Tourist Home" as an "Accessory Use" need only be subordinate to the principal "Dwelling" use in purpose and number of nights used as a "Tourist Home" "Accessory Use" over a calendar year; and

(C)

Does not change the character of the principal "Use."

(CB-11-1991; CB-10-2018)

Editor's note— Section 4 of CB-10-2018 (DR-3) provides that the provisions pertaining to Tourist Homes as Accessory Uses shall take effect on October 1, 2019.

(246)

Used Motor Vehicles: All motor vehicles which have been so used as to destroy their condition of newness, or otherwise made into a secondhand vehicle, as these terms are commonly understood in business and in accordance with the definition of the phrase contained in the General Motor Vehicle Laws of the State of Maryland, within the Annotated Code of Maryland.

(247)

Vehicle, Commercial: Any motor vehicle, including school buses but not passenger vehicles or camping trailers, used or designed and intended for hauling or carrying freight, merchandise, passengers, equipment, supplies, or other property for a commercial enterprise, or any motor vehicle advertising a commercial enterprise with lettering exceeding four (4) inches in height. This includes without limitation any vehicle defined in Subtitle 26 as a commercial bus or trailer, a heavy commercial truck, or a light commercial vehicle.

(CB-70-1994; CB-78-2003)

(247.1)

Vehicle Lubrication or Tune-up Facility: An establishment that specializes in, and performs the sole service of, motor vehicle greasing, oil changing (including filters), fluids replacement (excluding gasoline and diesel fuels), or tune-ups; and which may include the retail sale of vehicle parts, products, or accessories associated with such specialized service.

(CB-43-1987)

(248)

Vehicle, Passenger: A motor vehicle licensed by the State of Maryland as a Class A or Class D motor vehicle, a panel van under 300-cubic-foot load space capacity, or a pickup truck with a capacity of three-quarters (3/4) of a ton or less, which has no lettering on the vehicle exceeding four (4) inches in height and advertising a commercial enterprise.

(249)

Vehicle Parts or Tire Store: A facility where the primary "use" is the retail sale of vehicle parts, products, tires, or accessories.

(CB-21-1992)

(250)

Vehicle Repair and Service Station: A facility where the business of general vehicle repair and service is conducted, not including vehicle salvaging or the storage of dismantled vehicles, wrecks, or junk.

(251)

Vehicle Sales Lot: An area of land used for the storage and display for sale of any vehicle, which may also include the rental of vehicles.

(CB-91-1996)

(252)

Vehicle Salvage Yard: A facility for the reclamation or storage of wrecked or abandoned vehicles or parts from vehicles, "Trailers," or "Mobile Homes," which may include the sale of the parts.

(253)

Vehicle Towing Station: A facility for the storage of wrecked vehicles awaiting adjustment of claims following accidents. No dismantling of vehicles shall be permitted on the premises, nor may any vehicle be stored for more than ninety (90) days.

(254)

Vehicle Wrecking: See "Vehicle Salvage Yard."

(255)

Video Game and Tape Store: A retail establishment for the sale or rental of video games, recorders, players, tapes, discs, and accessories, or similar entertainment or amusement material.

(255.1)

Video lottery facility: As set forth in Sections 9-1A-01(aa), 9-1A-01(w-2), and 9-1A-04(a)(11), State Government Article, Annotated Code of Maryland, for purposes of this Subtitle, a facility at which players play video lottery terminals and/or table games. A "Video lottery facility" shall only be permitted in accordance with an approved Detailed Site Plan for a Recreational or Entertainment Establishment pursuant to Section 27-548.01.04.

(CB-6-2014)

(255.2)

Video lottery operation license: As set forth in Sections 9-1A-01(bb) and 9-1A-04(a)(11), State Government Article, Annotated Code of Maryland, a license awarded by the Video Lottery Facility Location Commission and issued by the State Lottery and Gaming Control Commission to a person that allows players to operate video lottery terminals and/or table games.

(CB-6-2014)

(255.3)

Video lottery operator: As set forth in Section 9-1A-01(cc), State Government Article, Annotated Code of Maryland, a person licensed to operate a video lottery facility.

(CB-6-2014)

(255.4)

Video lottery terminal: As set forth in Section 9-1A-01(dd), State Government Article, Annotated Code of Maryland, means:

(A)

A machine or other device, that, on insertion of a bill, coin, token, voucher, ticket, coupon, or similar item, or on payment of any consideration:

(i)

is available to play or simulate the play of any game of chance in which the results, including the options available to the player, are randomly determined by the machine or other device; and

(ii)

by the element of chance, may deliver or entitle the player who operates the machine or device to receive cash, premiums, merchandise, tokens, or anything of value, whether the payout is made automatically from the device or in any other manner.

(B)

"Video lottery terminal" includes a machine or device:

(i)

that does not directly dispense money, tokens, or anything of value to winning players; and

(ii)

described under paragraph (A) of this subsection that uses an electronic credit system making the deposit of bills, coins, or tokens unnecessary.

(C)

"Video lottery terminal" does not include an authorized slot machine operated by an eligible organization under Title 12, Subtitle 3 of the Criminal Law Article, Annotated Code of Maryland.

(CB-6-2014)

(255.5)

Village Buffer: Land immediately surrounding the "Village Fringe" portion of the V-M and V-L Zones which is permanently designated as open space. The Village Buffer may include passive recreational areas, including a trails system, and certain active recreation uses. The "Village Buffer" is not required to entirely surround the "Village Fringe" where there are natural barriers or topographic difficulties.

(CB-53-1991; CB-10-1992; CB-6-2014)

(255.6)

Village Commons: The public open spaces within the V-M and V-L Zones which contain a well-defined green space with landscaped areas, pedestrian ways, and passive recreation areas.

(CB-53-1991; CB-6-2014)

(255.7)

Village Fringe: The portion of land within the V-M and V-L Zones generally located between the "Village Proper" and the "Village Buffer," designated for large-lot residential use.

(CB-53-1991; CB-10-1992; CB-6-2014)

(255.8)

Village Proper: The portion of land within the V-M and V-L Zones containing the "Village Commons," the "Storefront Area," the "Civic Use Area," and certain residential uses.

(CB-53-1991; CB-6-2014)

(255.9)

Vista Termination: A lot, building or monument site, generally located at an intersection of street centerlines, which is prominently visible from one (1) or more streets.

(CB-53-1991; CB-6-2014)

(256)

Warehouse Unit: A "Building" used for the storage of goods and materials in connection with the day-to-day operation of a wholesale or distribution business, or a business that is not located in the same "Building" or on the same property as the "Warehouse Unit." The storage of goods and materials as an "Accessory Use" to a business located on the same property is not a "Warehouse Unit." A "Warehouse Unit" is sometimes referred to as a "Warehouse."

(CB-90-1992)

(256.1)

Waste Material Separation and Processing Facility: An establishment in which certain recyclable materials such as aluminum, plastics, paper, glass, and ferrous metals are separated from solid wastes. The solid waste materials undergo a biological and chemical decomposition (composting) process. The recyclable materials and processed solid waste are then sold or distributed to others for reuse as a recycled product in manufacturing, agriculture, and other operations. The definitions in Subtitle 21 of this Code shall apply to the terms used in this paragraph and in Section 27-475.5.

(CB-77-1990)

(256.2)

Water-Dependent Uses: Uses which require a location at or near the shoreline in order to function. These uses include, but are not limited to, "Community Piers and Noncommercial Boat Docking Facilities," "Fisheries Activities," industrial port-related uses, "Marinas," public beaches, public water-oriented recreational and educational areas, and research facilities. Private piers that are not part of a subdivision providing community piers and are installed and maintained by individual riparian landowners are not considered "water-dependent" uses.

(CB-72-1987)

(256.3)

Waterfront Entertainment/Retail Complex: A contiguous land assemblage, no less than twenty-five (25) acres, fronting on the Potomac River, and developed with an array of commercial, lodging, residential, recreational, entertainment, social, cultural, or similar uses which are interrelated by one (1) or more themes. A gas station located within a Waterfront Entertainment/Retail Complex may include a car wash as an accessory use, provided the car wash is within or is part of the building(s) for which design and architecture are approved in the Detailed Site Plan for the gas station.

(CB-44-1997; CB-20-2005; CB-22-2011)

(257)

Wayside Stand: A temporary structure used for:

(A)

The sale of agricultural or other products produced on the premises, which may include the incidental sale of other products not produced on the premises; or

(B)

The sale of fruits, vegetables, or cut flowers not grown on the premises.

(257.1)

Wetland, Nontidal: See "Nontidal Wetland."

(CB-28-2010)

(258)

Wholesale: The sale of commodities or goods to distributors or retail outlets for resale to ultimate consumers.

(CB-90-1992)

(259)

Wholly Enclosed: To close in on all sides by a "Building."

(260)

Yard: "Open Space" located on the same "Lot" with a "Building," "Structure" (not including ground-level paved surfaces unless specifically noted), or "Use," between the "Building," "Structure," or "Use" (such as outdoor storage) and the nearest "Lot Line" or "Street Line." All required "Yards" shall be unoccupied and unobstructed from the ground upward, except for landscaping, "Accessory Buildings," "Structures," and "Uses" as permitted elsewhere in this Subtitle. An "Alley" shall not be considered a part of a "Yard." (Also see "Building Line," "Setback," and Figure 5.)

(261)

Yard, Front: "Yard" extending across the width of a "Lot," between the "Front Street Line" and the nearest part of a "Main Building" (or its enclosed or covered projection). In a "Through Lot," all "Yards" abutting "Streets" are "Front Yards." (See Figure 29.)

(262)

Yard, Rear: "Yard" extending across the width of a "Lot," between the "Rear Lot Line" and the nearest part of a "Main Building" (or its enclosed or covered projection). A "Through Lot" has no "Rear Yard." (See Figure 29.)

(263)

Yard, Side: "Yard" between the "Side Lot Line" or "Side Street Line" and the nearest part of a "Main Building" (or its enclosed or covered projection), extending from the "Front Yard" to the "Rear Yard" or, in the absence of either of these "Yards," to the "Front Street Line" and "Rear Lot Line." In the absence of a "Front Street Line," all "Yards" are "Side Yards." In a "Through Lot," any "Yard" that does not abut a "Street" is a "Side Yard." (See Figure 29.)

(264)

Year: A calendar year (unless otherwise clear from the context).

(265)

Zero Lot Line Development: Development in which a "Building" abuts a "Side Lot Line." (See Figure 30.)

(266)

Zoning Cases: Those Zoning Ordinance matters designated to be heard before the Zoning Hearing Examiner by this Subtitle.

(267)

Zoning Map: The "Zoning Map of the Maryland-Washington Regional District in Prince George's County, Maryland" dated November 29, 1949, as subsequently amended from time to time.

(CB-18-1984; CB-28-1984; CB-41-1984; CB-105-1984; CB-118-1984; CB-120-1984; CB-133-1984; CB-33-1985; CB-47-1996)

Editor's note— Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.

CR-81-2012 repealed the enactment of CB-18-2007 regarding "Rural Entertainment Park", (Chapter 10, 2007 Laws of Prince George's County, Maryland), effective October 16, 2012.