§ 27A-106. Definitions.

(a)

The following definitions are to be used in addition to those found in Section 27-107.01(a). Where there is an apparent conflict, the definition in this Section shall prevail. Terms in this Subtitle are defined as follows:

(1)

Abutting: Touching and sharing a common point or line.

(2)

Accessory Unit: A building that is not the primary structure on a lot, and which shall include an Accessory Use.

(3)

Accessory Use: A use subordinate to, customarily incidental to, and ordinarily found in association with, a Principal Use, which it serves. An Accessory Use does not change the character of the principal "Use."

(4)

Adjacent: Nearby, but not necessarily abutting.

(5)

Adult Entertainment: This use consists of Adult Entertainment premises and adult bookstores as defined by Section 5-2601 of the Prince George's County Code.

(6)

Alley/Alley Access Easement: The public right-of-way or easement for vehicles and pedestrians within a Block that provides access to the rear of buildings, vehicle parking (e.g., garages), utility meters, and recycling and garbage bins.

(7)

Agriculture: The use of land for farming, dairying, pasturage, apiaries, horticulture, floriculture, and animal husbandry, which may include Accessory Uses for processing, treating, selling, or storing agricultural products produced on a farm (on the premises). The term "Agriculture" shall not include the commercial feeding of garbage or offal to animals, the slaughtering of livestock for marketing, 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.

(8)

Attic Story: A habitable space within a building situated within the structure of a pitched roof and above the uppermost regular Story.

(9)

Awning: A cantilevered, projected or suspended cover over the sidewalk portion of the Street-Space. Also a roof-like covering, usually of canvas or metal, and often adjustable, placed over the sidewalk, windows, or doors to provide protection from sun and rain.

(10)

Balcony: An exterior platform attached to the upper floors of the building Façade (forward of the Build-to Line).

(11)

Bay or Bay Window: Generally, a U-shaped enclosure extending the interior space of the building outward of the exterior building wall/Build-to Line (along its Street-Space side).

(12)

Block: An increment of land comprised of lots, Alleys, and tracts circumscribed and not traversed by Streets (pedestrian pathways exempted). Blocks shall be measured at the frontage lot lines (in most cases this is the Build-to Line).

(13)

Block Corner: The outside corner of a Block at the intersection of any two Streets. Inside corners, where the resulting angle formed by the Block face is less than 180 degrees (concave) are not considered Block Corners for the purposes of this Subtitle.

(14)

Buildable Area: The area of the lot that building(s) may occupy, which includes the area of the lot behind the Build-to Line as designated by the Building Envelope Standard. The Buildable Area sets the limits of the building footprint now and in the future—any additions shall be within the specified Buildable Area.

(15)

Building Corner: The outside corner of a building where the primary building mass is within an angle less than 180 degrees. Inside corners, where the exterior space of the building mass forms an angle of more than 180 degrees are not considered Building Corners for the purposes of this Subtitle.

(16)

Building Envelope Standards (BES): The part of this Subtitle that establishes basic parameters regulating building form, including the envelope (in three dimensions), placement, and certain permitted/required building elements, such as Storefronts, balconies, and Street Walls. The Building Envelope Standards establish both the boundaries within which things may be done and specific things that must be done. The applicable BES for a site is determined by its Street Frontage as per the Regulating Plan. This produces a coherent Street-Space and allows the building greater latitude behind its Street Façade.

(17)

Building Face: See Façade.

(18)

Build-to Line (BTL): A line or plane indicated on the Regulating Plan, defining the Street Frontage which extends vertically and generally parallel to the Street, at which the building shall be placed. The Façade shall be located on the Build-to Line-this is a requirement, not a permissive minimum. The minimum length and height of frontage that is required at the Build-to Line is shown on the appropriate Building Envelope Standard.

(19)

Center, Community: The smallest of the designated Urban Centers. Its businesses are intended to be predominantly smaller scale businesses that complement and serve the surrounding neighborhoods. As described in the General Plan, these centers are concentrations of activities, services, and land uses that serve the immediate community near these centers. This may include mixed-use and higher intensity redevelopment in some communities. These centers should also be served by mass transit, including heavy rail, light rail, or bus service.

(20)

Center, Metropolitan: A large-scale mixed-use area comprised of multiple Urban Neighborhoods. As described in the General Plan, these centers have a high concentration of land uses and economic activities that attract employers, workers, and customers from other parts of the metropolitan Washington area. High-density residential development may also be located in these centers, which are a primary target for employment in the county and can effectively be served by mass transit such as heavy rail, light rail, and bus service.

(21)

Center, Regional: A moderately-scaled mixed-use area comprised of one or more Urban Neighborhoods. As described in the General Plan, these centers are locations for regionally marketed commercial and retail centers, office, and employment areas. Educational and recreational complexes that primarily serve Prince George's County and high-density residential development may also be possible. These centers should be served by mass transit, including heavy rail, light rail, or bus service.

(22)

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 check cashing services (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; (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.

(23)

Civic: Places of public assembly that provide ongoing life, safety, educational, recreational, and cultural services to the general public, as well as meeting areas for religious practice.

(24)

Civic Green or Square: A public open space designated on the Regulating Plan. The term square is generally used to describe spaces that have more paved surface area. The term Civic Green is generally used to describe a formally configured small public lawn or park that is primarily unpaved. Civic Greens or Squares do not include active recreation structures such as ball fields and courts. See the urban space standards for the specific controls on Squares or Civic Greens.

(25)

Civic Use Buildings: Those buildings that house strictly civic uses located on sites designated on the Regulating Plan. The design of Civic Use Buildings should be harmonious to the overall design and character of the Urban Center District.

(26)

Clear Walkway: An area within the sidewalk that must allow public passage and remain clear of obstructions. The Clear Walkway width is designated in the Street type specifications.

(27)

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

(28)

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

(29)

Common Access Easement: A shared easement for vehicles and pedestrians within a Block that provides access to the rear of buildings or to vehicle parking (e.g., garages).

(30)

Common Lot Lines: Lot lines shared by Abutting private lots.

(31)

Comparative Pedestrian Crossing: The measured distance, shown on the Street type specifications, that a pedestrian would be within an automobile travel lane while crossing a Street. A crossing time is calculated based on a pedestrian speed of 3.7 feet per second (a generally accepted average). This distance/time is calculated in order to provide a relative gauge of the pedestrian crossing comfort level.

(32)

Corner Lot: A lot in which one side lot line abuts a Street. Special building placement, fencing and landscape requirements may apply.

(33)

Corridor Node: A concentrated urban mixed-use location along a specified corridor, to be developed in a mixed-use, pedestrian-oriented form. As described in the General Plan, these areas contain a higher intensity of residential and nonresidential land uses than Corridors and other areas within a General Plan Tier. The development at these nodes should be planned as transit-oriented development.

(34)

Day Care: A use providing care, protection, and supervision of children or adults on a regular basis away from their primary residence. Refer to Section 27-107.01 of the Zoning Ordinance for additional detail on specific Day Care uses.

(35)

Days: Where used in this Subtitle without a qualifier (such as "business" Days), the term shall mean calendar Days.

(36)

Dooryard: The area within the Street-Space between the Façade of the building (generally the Build-to Line) and the Clear Walkway area of the sidewalk. Stoops, balconies, and for appropriate commerce uses, temporary displays, café seating and other Encroachments as specified by the Planning Director or Designee may be placed within the Dooryard area. The Dooryard area is designated in the Street type specifications.

(37)

Dormers: Roofed ancillary structures with windows providing light and air to habitable space within the roof. Dormers are permitted and do not constitute a Story (for height measurement purposes).

(38)

Employment Reserve: An Employment Reserve is a designated portion of a regulating plan intended for employment development only, unless other portions of the regulating plan have been built out with adequate employment to meet projections for the Urban Center or Corridor Node. See Section 27A-304(b). , Minimum Employment Threshold.

(39)

Encroachment: An element of a building or structure that extends into a setback or yard area. Also includes an element that extends beyond the private property over an Abutting right-of-way.

(40)

English Basement: A habitable floor level below the Ground Story that is both partially above and below grade and has windows and an entry with direct Street space access. The ceiling of an English Basement is typically at least three (3) feet above grade.

(41)

Equivalent or Better: A building material or construction technique that has been determined to be clearly equal or superior (in appearance, durability, etc.) than those expressly permitted herein.

(42)

Façade (Building Face): The building elevation facing the Street-Space or Build-to Line.

(43)

Fenestration: Openings in the building wall, including windows and doors, allowing light and views between interior and exterior. Fenestration is measured as glass area (excluding mullions and similar window frame elements with a dimension greater than one inch) for conditioned space and as open area for parking structures or other un-conditioned, enclosed space.

(44)

Front Porch: The ground floor platform attached to the front or Build-to Line side of the main building. A Front Porch may have a single ground floor platform or two platforms stacked at the ground and second Story levels.

(45)

Front Yard: An open space required by certain Building Envelope Standards extending across the entire width of the lot between the Façade and the sidewalk. Where double frontage or Corner Lots exist, any required Front Yard shall be provided on both Streets. This area is contiguous with the Street, and includes any Front Porch.

(46)

Front Yard Fence: The fence or wall located along and surrounding the Front Yard.

(47)

Functional Overlay: A Functional Overlay consists of maps, technical studies, and other data as required by the Planning Director or Designee. They provide an inventory of existing resources, establish functional transportation and environmental networks, and are used to identify how each property contributes to the overall working of the Urban Center District.

(48)

Garden Wall: A masonry wall defining a property line or delineating a private area. A Garden Wall may satisfy a BES Front Yard Fence requirement.

(49)

Ground Story: The first habitable level of a building at or above grade. The next Story above the Ground Story is the second floor.

(50)

Group Living:

(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 "Foster Home" where there are four (4) or less persons unrelated by blood, adoption, or marriage to their foster parents;

(ii)

A "Foster Home" where there are not more than six (6) foster children who are unrelated to their foster parents, but are related by blood or marriage to each other;

(iii)

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

(iv)

A "Congregate Living Facility"; or

(v)

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).

(51)

Heavy Industrial: Firms involved in research and development activities without light fabrication and assembly operations; limited industrial and manufacturing activities. The uses emphasize industrial businesses and sale of heavier equipment. Factory production and industrial yards are located here. Sales to the general public are limited.

(52)

Household Living: Residential occupancy of a dwelling by a household on a monthly or longer basis in structures with self-contained dwelling units, including kitchens. Refer to Section 27-107.01 of the Zoning Ordinance for additional detail on specific Household Living uses.

(53)

Illustrative Plan: The purpose is to illustrate the likely built results of the Regulating Plan by showing buildings on each lot and preliminary designs for Streets or Civic Spaces in compliance with this Subtitle and the proposed Regulating Plan. Where possible, renderings, models, or other visual material supporting the likely built results shall be included.

(54)

Indoor Recreation: Generally commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting.

(55)

Light Industrial: Manufacturing, assembly, repair, or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the facility.

(56)

Light Manufacturing: A facility conducting light manufacturing operations within a fully-enclosed building.

(57)

Liquor Store: Any business selling general alcoholic beverages, also known as sale of distilled spirits or hard liquor, for off-premises consumption. A Liquor Store does not include a business selling only beer and/or wine for off-premises consumption.

(58)

Medical: Uses providing medical or surgical care to patients, either on an outpatient basis or an inpatient basis which may include overnight health care.

(59)

Minimum Employment Threshold: A threshold established in order to provide for or reserve space for a significant employment base in each Urban Center District as recommended by the General Plan. The threshold is expressed as a net lot area or demonstrated gross floor area of employment uses.

(60)

Natural Resource Inventory (NRI): A plan map and supporting documentation that provides all required information regarding the existing physical and environmental conditions on a site that is approved by the Planning Director or designee as described in the document the Environmental Technical Manual as approved and amended by the Planning Board from time to time.

(61)

Net Lot Area: The total contiguous area included within the lot lines of a lot excluding:

(A)

Alleys, Streets, and other public ways: and

(B)

Land Lying within a One Hundred (100) year Floodplain or other environmentally regulated area.

(62)

Nonconforming Use: The use of any building, structure, or land which is not in conformance with a requirement of the district in which it is located (as it specifically applies to the use), provided that the requirement was adopted after the use was lawfully established. 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.

(63)

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.

(64)

Outdoor Recreation: Generally commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities. Such activities may take place wholly outdoors or within a number of outdoor structures.

(65)

Overnight Lodging: Accommodations arranged for short term stays of less than thirty (30) Days for rent or lease.

(66)

Parking Setback Line: A line or plane indicated on the Regulating Plan which extends vertically and is generally parallel to the Build-to Line. All parking shall be set-back behind this line, except where it is below grade. The Parking Setback Line is located a minimum distance from the Build-to Line and parking may be placed anywhere within the lot behind this line, except where otherwise specified in this Subtitle.

(67)

Passenger Terminal: Public or commercial facilities for the takeoff and landing of helicopters, and facilities for bus, taxi, or limousine pick-up or drop-off of passengers. This category does not include vehicle service or storage facilities.

(68)

Pawnshop and Pawn Dealer: As defined in Section 5-233 of the Prince George's County Code.

(69)

Pedestrian Pathway: An interconnecting paved way providing pedestrian and bicycle passage through Blocks running from a Street-Space to another Street-Space, an Alley or an interior Block parking area. The area within a pedestrian pathway shall be a public access easement or public right-of-way.

(70)

Personal Service: Facilities involved in providing personal services or repair services to the general public, including, but not limited to, barber, nail care, dry cleaner, shoe repair, or watch repair.

(71)

Principal Use: The main or primary use for which the property or building was specifically designed.

(72)

Privacy Fence: An opaque fence made of wood or masonry (not chain link or any other type of rolled fence) along Alleys and Common Lot Lines. See the Building Envelope Standards for height specifications.

(73)

Private Open Area: The area within the Buildable Area and behind the Parking Setback Line, accessible only to occupants of the particular building or site, and (primarily) open to the sky. Additional specifications for the open area may be included in each Building Envelope Standard. Private Open Area shall not be built upon, parked or driven upon (except for emergency access).

(74)

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

(75)

Regulated Environmental Features: Regulated stream, nontidal wetlands, and their associated buffers.

(76)

Regulating Plan: The implementing plans for the development of Urban Centers and Corridor Nodes under this Subtitle. Regulating Plans allocate the Building Envelope Standards, public spaces, and Street types within each Urban Neighborhood or center and provide specific information for the disposition of each building site, and are the approved plan for the implementation of the County's General Plan within designated Centers or Corridor Nodes. The Regulating Plan also shows how each site relates to adjacent Street-Spaces, the overall Urban Neighborhood, and the surrounding neighborhoods.

(77)

Research and Development: A facility focused primarily on the research and development of new products and on scientific investigation.

(78)

Resource Extraction: Characterized by uses that extract minerals and other solids and liquids from land.

(79)

Restaurant/Bar: Establishments that prepare and sell food or drink for consumption on-or off-premise, which may be developed freestanding, or attached to or within a group of buildings, which may include carryout, outdoor eating, and live entertainment, excluding Adult Entertainment uses.

(80)

Retail Sales: The sale of commodities or goods, usually in small quantities, directly to ultimate consumers. The term shall not include a "Pawnshop" as defined in Section 27-107.01(a).

(81)

Self-Service Storage: Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property.

(82)

Stoop: An entry platform on the Build-to Line frontage of a building. Stoops may be roofed, but they shall not be enclosed. (See the individual Building Envelope Standards for specifications).

(83)

Story (Story Height): That space within a building and above grade that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above. Story Height parameters are as specified by the appropriate Building Envelope Standard.

(84)

Street: A "Street" is a public or dedicated right-of-way at least twenty four (24) feet in width; or a private road, right-of-way, or easement along which development is authorized pursuant to Subtitle 24; or a proposed "Street" right-of-way or widening shown on the applicable General Plan, Functional Master Plan, Master Plan, or Sector Plan, or in the current Capital Improvement Program or Maryland State Consolidated Transportation Program; or on a Record Plat. Streets shall be designated on the Regulating Plan, and are intended to be open to public use regardless of ownership."

(85)

Street Frontage: That portion of the lot or building that is coincident with the Build-to Line as required by this Subtitle.

(86)

Street Light: A luminaire installed along the Street Tree Alignment Line, unless otherwise designated on the Regulating Plan. Lighting standards for Street-Spaces and Alleys should be developed to meet the minimum standards of the Illumination Engineering Society of North America (IESNA), with the design criteria giving equal weight to the lighting of the pedestrian areas and the automobile areas.

(87)

Street-Space: All space between fronting Build-to Lines (Streets, squares, plazas, pedestrian pathways, Civic Greens, sidewalks, parks)—including any transit service operator passenger platform—but not garage entries or Alleys.

(88)

Street Tree: A tree required per this Subtitle that is of a proven hardy and drought tolerant species and large enough to form a canopy with sufficient clear trunk to allow traffic to pass under unimpeded.

(89)

Street Tree Alignment Line: A line along which Street Trees are to be planted and Street Lights and other such infrastructure are to be placed. The Street Tree Alignment Line falls within the Tree Lawn area identified in the Street type specifications as "A". It is parallel with the Street right of way. The Street Tree Alignment Line for center medians is their centerline.

(90)

Street Wall: A masonry wall which assists in the definition of the Street-Space in the absence of a building. See the Building Envelope Standards for height and gate specifications.

(91)

Tree Lawn: A continuous strip of soil area—typically covered with grass, other vegetation, bridging pavement, or sometimes porous pavers—located between the back of curb and the sidewalk, and used for planting Street Trees and configured to foster healthy Street Tree root systems.

(92)

Urban Centers and Corridors: Those areas designated as centers and corridors in the Prince George's County General Plan for development as mixed-use, pedestrian-and transit-oriented districts of moderate to high density and intensity. Urban Centers are comprised of one or more Urban Neighborhoods. Corridor development is targeted to specified Corridor Nodes where mixed-use and transit-oriented development is most appropriate.

(93)

Urban Center District: Refers to the area encompassed by an Urban Center or Corridor Node designation. This term may be used interchangeably with "Urban Center Zone."

(94)

Urban Neighborhood: A defined area of buildings around a framework of interconnected Blocks, Streets, Squares or Civic Greens within a designated Urban Center. They are mixed-use neighborhoods of 20 to 100 acres bounded and physically defined by large scale Streets or Regulated Environmental Features. Smaller Urban Neighborhoods may exist due to environmental constraints.

(95)

Vehicle Sales: Direct sales, rental, or leasing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. Refer to Section 27-107.01 of the Zoning Ordinance for additional detail on specific Vehicle Sales uses.

(96)

Vehicle Service: Repair and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. Refer to Section 27-107.01 of the Zoning Ordinance for additional detail on specific Vehicle Service uses.

(97)

Warehouse and Distribution: Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers.

(98)

Waste-Related Service: Characterized by uses receiving solid or liquid wastes from others or transfer wastes to another location. Also includes uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material.

(99)

Water-Oriented: Uses that require direct access to navigable waters.

(100)

Where Clearly Visible from the Street-Space: Many requirements of this Subtitle apply only where the subject is "clearly visible from the Street-Space." Common or party walls are by definition not clearly visible from the Street-Space. This does not exempt vehicle parking lots or parking structures from any Building Envelope Standards requirements.

(101)

Wholesale Trade: The sale of commodities or goods to distributors or retail outlets for resale to ultimate consumers. These uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are not permitted. Products may be picked up on-site or delivered to the customer.

(CB-1-2010)