§ 15.24.490. General definitions.

Accessory Structure. A structure incidental to the main building use which includes but is not limited to, sheds, garages and fences.

Agent. Any person, firm or corporation that is responsible for the management, maintenance, operation, rental of or sale of any property.

Apartment Building. See Dwellings.

Applicable Governing Body. The mayor and council of the city of Salisbury, MD.

Attic. Any space situated wholly or partly between the roof and the top habitable story of a building, so designated, arranged or built as to be used for storage.

Basement. See Section 15.24.530.

Blight. A condition that endangers the public health. safety or welfare; or any condition that is detrimental to the public health, safety, or welfare because commercial. industrial, or residential structures or improvements are dilapidated, or deteriorated or because such structures or improvements violate minimum health and safety laws or regulations. Blight shall include, but not be limited to. debris or other material which results from or is intended to be utilized in demolition or construction or that results from any other cause or for any purpose, which remains on any property not specifically zoned for the keeping of such debris or material for more than sixty (60) days without being utilized or removed. Blight shall not include construction materials stored at the site of an active construction project with a current and valid construction permit unless the presence of the materials violates minimum health and safety laws or regulations.

Building. Any structure occupied or intended for supporting or sheltering any occupancy.

Building Code. The building code officially adopted by the legislative body of this jurisdiction, or other such codes officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.

Building Official. The Director of the Department of Infrastructure and development, charged with the administration and enforcement of this chapter, or his duly authorized representative.

Certificate of Occupancy. A document issued by the building official stating the nature of occupancy permitted.

Condemn. To adjudge unsafe and unfit for human occupancy.

Cross Connection. Any connection, either direct or indirect, that will permit or may possibly permit the flow of water of unknown or questionable safety, sewage, other liquids, gases or mixture into a piping system or receptacles containing or intended to contain potable water.

Dwellings:

Apartment Buildings. A single residential structure designed and constructed to contain three or more separated dwelling units, regardless of the internal arrangement of such units of the ownership thereof.

Boarding House. Any building or structure with independently rented rooms used for sleeping accommodations. No agreement is required between operator and occupant to assist in the bathing, dressing or provision of other types of supervision. Rooms will not be used for cooking purposes.

Dormitory. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.

Dwelling Unit. A single unit providing complete, independent living facilities for occupancy by one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Multiple-Family Dwelling. A building or portion thereof containing more than two dwelling units.

Single-Family Dwelling. A building containing one dwelling unit with not more than four unrelated individuals or one family.

Exit. That portion of the means of egress which is separated from all other spaces of a building or structure by construction and opening protectives, and provides a protected way of travel to the exit discharge. It shall include, but not be limited to exterior exit doors, separated exit stairs, exit passageways and horizontal exits.

"Family" means and includes, subject to the exceptions stated below:

1.

A core consisting of one person living alone or one of the following groups living as a single housekeeping unit:

a.

Two or more persons who are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, such as foster children, placed by an agency licensed to operate in Maryland;

b.

Up to a maximum of four persons who are not so related, hereinafter referred to as "unrelated persons" provided, however, that:

i.

(A)

Any existing lawful occupancy, in any dwelling or dwelling unit, including an apartment, in an R-5, R-8 or R-10 district, or in Spring Chase PRD No. 1, the maximum shall be two unrelated persons, not including the children of either of them, after December 16, 2002, subject to the occupancy permitted by subsections (1)(b)(i)(B) and (C) of this section.

(B)

Any existing lawful occupancy, in any dwelling or dwelling unit, including an apartment in an R-5, R-8 or R-10 district, or Spring Chase PRD No. 1, the maximum shall be three unrelated persons, not including the children of either of them, if the dwelling or dwelling unit was occupied by three unrelated persons, during a period of one year, prior to December 16, 2002. The occupancy may continue as a nonconforming use. In an apartment, the maximum occupancy shall not exceed the number of unrelated persons set forth in subsection (1)(b)(ii) of this section.

(C)

Any existing lawful occupancy, in any dwelling or dwelling unit, including an apartment in an R-5, R-8 or R-10 district, or Spring Chase PRD No. 1, the maximum shall be four unrelated persons, not including the children of either of them, if the dwelling or dwelling unit was occupied by four unrelated persons, during a period of one year, prior to December 16, 2002, and meets the requirements of Section 15.24.1600. The occupancy may continue as a nonconforming use. In an apartment, the maximum occupancy shall not exceed the number of unrelated persons set forth in subsection (1)(b)(ii) of this section.

(D)

The following lots are exempt from the occupancy restriction set for in subsection (1)(b)(i)(A) of this section: all dwelling units shown on an approved final comprehensive development plan; and where the total land area shown thereon is subject to a special exception granted by the board of zoning appeals prior to December 23, 2002; and for which the Director of the Department of Infrastructure and Development has determined that the units were proposed and constructed primarily for student housing.

ii.

In any district other than an R-5, R-8 or R-10 district, in an apartment or any attached dwelling unit, except a townhouse or duplex dwelling, the maximum shall be the following number of unrelated persons not including the children of any of them:

Two—in an efficiency or one bedroom unit;

Three—in a unit having two or more bedrooms; or

Four—in any unit constructed after November 25, 2002 (effective date of Ordinance No. 1864) having two or more bedrooms, if the entire parcel or tract of land on which it is located complies with the off-street parking requirement in effect when it was completed.

All dwelling units shall comply with parking code requirements.

c.

A group of not more than four persons who are approved by the Housing and Community Development Department pursuant to Section 15.24.1620 as a "functional family."

2.

In addition to its core member(s) a family may include:

a.

One or more persons who provide health care or assisted living services to any core member of the family that are essential to the health, safety or general well-being of such core member, by performing such services at least eight hours each day.

b.

One or more domestic servants who perform personal or household services at the dwelling or dwelling unit at least eight hours each day.

c.

In the case of an owner-occupied dwelling unit in an R-5, R-8 or R-10 district, one person who is not a core member of a related family, not including any permitted provider of health care or assisted living services, may reside in the dwelling.

3.

A "family" may not include or consist in whole or in part of:

a.

Any society, club, fraternity, sorority, association, lodge, federation, or like organization.

b.

Occupants of a rooming house or boarding house.

c.

Persons whose association as a group is temporary or seasonal in nature.

d.

Persons living in a group arrangement as a result of criminal conduct.

4.

The "family" definition shall be applied to occupancy in accordance with the requirements of state and federal law.

Garbage. Animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.

Habitable Space. See Section 15.24.290.

Heat Source. A heating apparatus limited to the following:

1.

Stationary heat unit(s) from which heated air is distributed through a system of ducts, pipes or plenums;

2.

Stationary heat unit(s) which is equipped with a fan or blower to circulate heated air;

3.

Stationary heat unit(s) through which air is circulated by gravity;

4.

Stationary heat unit(s) which conduct heat through registers or electric heating coils; and

5.

Stationary heat unit(s) which provide heat by means of convection.

Housing Official. The Director of the Housing and Community Development Department, charged with the administration and enforcement of this chapter, or his duly authorized representative.

Infestation. See Section 15.24.530.

Impervious to Water (as to Floors). A clean, smooth floor installed to manufacturer's recommendations, without cracks or holes and if made of wood, having tightly fitted joints, covered with a water-resistant coating.

Kitchen. A designated space with facilities for storage and cooking of food for human consumption.

Let for Occupancy or Let. See Section 15.24.530.

Notice. The formal means of communication to inform the property owner of noncompliance with this code.

Occupancy. The purpose for which a building or portion thereof is utilized or occupied.

Occupant. See Section 15.24.530.

Operator. See Section 15.24.530.

Owner. See Section 15.24.530.

Plumbing. See Section 15.24.1070.

Plumbing Fixture. See Section 15.24.1070.

Premises. See Section 15.24.530.

Public Nuisance. See Section 15.24.530.

Registered Design Professional. An architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the state of Maryland.

Resident Manager. One who acts on the behalf of the owner to manage the property and to ensure housing code compliance and lives on the premises.

Rubbish. "Rubbish" may include, but not be limited to: paper, plastic, glass, metal, cardboard, wood, fabrics, cans, loose trash, clothing, fallen trees, tree limbs including stumps and debris, automotive parts, inoperable exercise equipment, trash bags, household waste, combustible and noncombustible materials, abandoned or inoperable machinery, unregistered marine equipment including boats and towing trailers, debris from building construction or reconstruction, and all other waste materials and any other item not included within this definition that is considered by the housing official or his designee to be a blighting influence to the property. "Rubbish" shall not be construed or interpreted to include abandoned, unlicensed or inoperable motor vehicles.

Safety. The condition of being free from danger and hazard which may cause accidents or disease.

Sanitary Sewer. The sanitary sewer owned, operated and maintained by the city of Salisbury, Maryland, provided for the disposal of sewage.

Space Heater. A self-contained appliance of either the circulating type or the radiant type, intended primarily to heat an interior area.

Structure. That which is built or constructed or a portion thereof.

"Vacant" has the meaning set forth in Section 15.22.030.

Ventilation. See Section 15.24.920 of this chapter.

Workmanlike. A reasonable skillful manner employing the manufacturer's installation recommendations. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.

Yard. See Section 15.24.530 of this chapter.

(Ord. 2017 § 3, 2006; Ord. 1974 (part), 2005; Ord. 1958, 2005; Ord. 1665 Exh. A (part), 1997)

(Ord. No. 2187, 1-23-2012; Ord. No. 2274, 1-31-2014; Ord. No. 2455, 10-9-2017 )