25.1
General.
A.
Table IV-1, Land Uses, establishes permitted uses, special exception
uses and accessory uses in the zoning districts set forth in this
article.
B.
All uses not listed in the table are prohibited except as provided
below in Subsection C.
C.
If a use is not listed in Table IV-1 or defined in Article IX, the use may be interpreted by the Planning Director to be of a similar nature or character as a listed use. The Planning Director shall refer to the following sources:
1.
The most recent edition of the "Land Based Classification Standards,
LBCS Tables" published by the American Planning Association (APA);
2.
The most recent edition of "A Planner's Dictionary," a publication
of the APA's Planning Advisory Service;
3.
If a use or term is not listed or defined in the APA documents, the
most recent edition of Webster's Unabridged Dictionary or the "North
American Industry Classification Manual (NAICS);" and
4.
The Planning Director may also seek a recommendation from the Planning
Commission.
D.
This section shall not be interpreted to allow a use in one zoning
district when the use in question is more closely related to another
listed use that is allowed in other zoning districts.
25.2
Table of Land Uses.
[Amended 6-11-2019 by Bill No. 1416]
Key:
|
P: Permitted principal use
|
A: Permitted accessory use
|
S: Special Exception
|
C: Requires approval by the County Council
|
Blank: Not permitted
|
Table IV-1. Table of Land Uses
| |||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Use Type
|
Section Cross-Reference
|
Conservation Districts
|
Residential Districts
|
Village Districts
|
Commercial/Industrial Districts
| ||||||||||
See the subsection of Chapter 190 listed below for specific requirements.
|
AC
|
CP
|
WRC
|
TC
|
RC
|
RR
|
TR
|
VR
|
VH
|
VM
|
LC
|
GC
|
LI
| ||
25.2.A. Agriculture and Related Uses
| |||||||||||||||
Agricultural Production
| |||||||||||||||
Agricultural production; agriculture
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Greenhouse and plant nursery (retail)
|
26.1
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| |||
Greenhouse and plant nursery (wholesale)
|
26.2
|
P
|
P
|
P
|
S
|
P
|
S
|
S
|
S
|
S
|
S
|
P
|
S
| ||
Poultry and hog houses larger than 1,500 square feet on parcels
smaller than 20 acres
|
26.3
|
S
|
S
|
S
|
S
| ||||||||||
Poultry and hog houses, livestock feeding lots and agricultural
lagoons
|
26.4
|
P
|
P
|
P
|
P
|
S
| |||||||||
Agricultural Support Businesses and Services
| |||||||||||||||
Agricultural processing
|
26.5
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
| ||||
Agricultural research facilities
|
26.6
|
P
|
P
|
P
|
P
|
P
|
P
| ||||||||
Direct farm marketing, harvesting and education
|
26.7
|
P
|
P
|
P
|
P
|
P
| |||||||||
Farm-based recreation
|
26.8
|
P
|
P
|
P
|
P
|
P
|
S
|
S
| |||||||
Farm alcohol production facility
|
26.9
|
P
|
P
|
P
|
P
|
P
|
S
|
S
| |||||||
Farm equipment service and repairs
|
26.10
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| ||||||
Farm machinery and supplies sales
|
26.11
|
S
|
S
|
S
|
S
|
P
|
P
| ||||||||
Farm market
|
26.12
|
P
|
P
|
S
|
S
|
S
|
S
| ||||||||
Grain processing, drying and storage (wholesale commercial)
|
26.13
|
P
|
P
|
P
|
S
|
P
|
S
|
S
|
S
|
S
|
P
| ||||
Livestock auction house
|
26.14
|
S
|
S
|
S
| |||||||||||
Stables, riding, trails and horse boarding (commercial)
|
26.15
|
S
|
S
|
S
|
S
|
S
| |||||||||
Fish and Game
| |||||||||||||||
Aquaculture (retail)
|
26.16
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
S
| |||||
Aquaculture (wholesale)
|
26.17
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
|
P
| |||||
Fish and game hatcheries
|
P
|
P
|
P
|
P
|
S
|
S
| |||||||||
Forestry
| |||||||||||||||
Timber harvesting, commercial (includes parcels 10 acres or
larger in Critical Area RR, TR, VR, VH, VM and LC)
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Timber harvesting, commercial (includes parcels smaller than
10 acres in Critical Area RR, TR, VR, VH, VM and LC)
|
S
|
S
|
S
|
S
|
S
|
S
| |||||||||
25.2.B. Residential Uses
| |||||||||||||||
Dwelling, single-family (detached)
|
27.1
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
Dwelling, single-family (duplex)
|
27.2
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
Group homes, large
|
27.3
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |||
Group homes, small
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||
25.2.C. Institutional Uses
| |||||||||||||||
Day Care and Education
| |||||||||||||||
Day-care center, family
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Day-care center, large group
|
28.1
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| ||
Day-care center, small group
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| |||
Educational institutions, public or private, boarding and nonboarding
|
28.2
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||
Government and Quasi-Public Uses
| |||||||||||||||
Emergency services
|
28.3
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Offices, government
|
28.4
|
S
|
P
|
P
|
P
|
P
| |||||||||
Post offices
|
P
|
P
|
P
|
P
|
P
| ||||||||||
Other Institutional
| |||||||||||||||
Cemeteries and mausoleums/ columbarium, non-church-related,
for humans and animals and family cemeteries
|
28.5
|
P
|
P
|
P
|
P
| ||||||||||
Cemeteries, related to house of worship
|
28.6
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
| ||
Community and cultural facilities
|
28.7
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
S
| |
Exposition center, fairgrounds
|
S
|
S
|
S
|
S
| |||||||||||
Hospital
|
28.8
|
S
| |||||||||||||
Houses of worship
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
| |||
Meeting halls and facilities for clubs, lodges, and fraternal
societies
|
28.9
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| |||||
Nursing homes, skilled nursing facilities, hospice care and
assisted living facilities
|
28.10
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
| |||
Parks and Natural Resource Uses
| |||||||||||||||
Conservation areas (public or private)
|
28.11
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |
Natural resource-oriented public recreation, education, and
research
|
28.12
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||
Parks and playgrounds (public or private)
|
28.13
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||
25.2.D. Commercial Uses
| |||||||||||||||
Animal Care
| |||||||||||||||
Animal hospital, veterinary clinic and associated boarding or
grooming of animals
|
29.1
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| |||||
Kennel, commercial
|
29.2
|
S
|
S
|
S
|
S
|
S
| |||||||||
Eating and Drinking Establishments
| |||||||||||||||
Food delivery and catering service
|
P
|
P
|
P
|
P
|
P
| ||||||||||
Restaurant, carry-out, no drive-through
|
P
|
P
|
P
|
P
|
P
| ||||||||||
Restaurant with drive-through facilities
|
S
| ||||||||||||||
Restaurants, bars, and nightclubs, no outdoor events
|
29.3
|
S
|
S
|
P
|
P
| ||||||||||
Restaurants, bars and nightclubs with outdoor events
|
29.4
|
S
|
S
|
S
|
P
| ||||||||||
Roadside vendor
|
29.5
|
P
|
P
|
P
|
P
|
P
| |||||||||
Lodging
| |||||||||||||||
Hotel/ motel
|
29.6
|
S
|
S
|
P
| |||||||||||
Inn
|
29.7
|
P
|
P
|
P
| |||||||||||
Offices
| |||||||||||||||
Banks and financial institutions, including drive-through windows
|
P
|
P
|
P
|
P
|
P
| ||||||||||
Medical clinics, outpatient facilities, urgent care centers,
medical laboratories
|
P
|
P
|
P
| ||||||||||||
Offices, general
|
P
|
P
|
P
|
P
|
P
| ||||||||||
Services, professional
|
29.8
|
S
|
P
|
P
|
P
|
P
|
P
| ||||||||
Recreation/Entertainment
| |||||||||||||||
Golf courses and country clubs (public or private)
|
29.9
|
P
|
P
|
P
|
S
|
S
|
S
| ||||||||
Off-road outdoor recreation (public or private)
|
29.10
|
S
|
S
| ||||||||||||
Recreation facilities, indoor (commercial or noncommercial)
|
29.11
|
S
|
S
|
P
|
P
|
P
| |||||||||
Recreation activities, general outdoor: includes miniature golf,
driving ranges, commercial ball fields and similar uses
|
S
|
S
| |||||||||||||
Shooting range, indoor
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||||
Retail Sales
| |||||||||||||||
Auction house
|
29.12
|
S
| |||||||||||||
Building supply and lumber yards with outside storage
|
29.13
|
S
|
S
|
S
|
P
|
P
| |||||||||
Retail, general
|
29.14
|
P
|
P
|
P
|
P
| ||||||||||
Retail, major
|
29.15
|
P
|
P
| ||||||||||||
Services, Commercial
| |||||||||||||||
Funeral home and crematorium
|
S
|
P
|
P
|
P
| |||||||||||
Restoration of boats, vehicles and furniture
|
29.16
|
S
|
P
|
P
|
P
|
P
| |||||||||
Services, general
|
29.17
|
P
|
P
|
P
|
P
|
P
| |||||||||
Sexually oriented business
|
29.18
|
P
| |||||||||||||
Studios for instruction in art, music, dance, drama, crafts
or physical education
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
S
| |||||||
Storage, Commercial
| |||||||||||||||
Warehouse, self-storage
|
29.19
|
S
|
P
|
P
|
P
| ||||||||||
Vehicle and Equipment Sales and Service
| |||||||||||||||
Automobile service, repair, washing, and fuel sales
|
29.20
|
S
|
P
|
P
|
P
|
P
| |||||||||
Boat and marine equipment sales and assembly
|
29.21
|
P
|
S
|
P
|
P
| ||||||||||
Vehicle and boat parking and storage (commercial)
|
29.22
|
P
|
P
|
P
|
P
|
S
|
P
|
P
|
P
|
P
| |||||
Vehicle sales, automobile, truck and recreational
|
P
|
P
| |||||||||||||
25.2.E. Industrial Uses
| |||||||||||||||
Contracting
| |||||||||||||||
Building, trade and construction contracting
|
30.1
|
P
|
P
|
P
| |||||||||||
Marine contracting
|
30.2
|
S
|
S
|
S
|
S
|
P
| |||||||||
Manufacturing and Processing
| |||||||||||||||
Alcohol production facility
|
S
|
P
| |||||||||||||
Compounding industries (permanent)
|
30.4
|
S
| |||||||||||||
Food and beverage packing and processing
|
S
|
P
|
P
| ||||||||||||
Manufacturing operations
|
30.5
|
S
|
S
|
S
|
S
|
P
| |||||||||
Monuments and memorial stones, productions and sales
|
30.6
|
P
|
P
|
P
| |||||||||||
Sawmills
|
30.7
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
| ||||||
Mineral Resources
| |||||||||||||||
Mineral extraction
|
30.8
|
S
|
S
|
S
|
S
| ||||||||||
Research
| |||||||||||||||
Laboratories for scientific research and experimentation
|
P
|
P
| |||||||||||||
Storage and Wholesale Sales
| |||||||||||||||
Flammable liquid storage, wholesale distribution, and resale
|
S
|
S
|
S
| ||||||||||||
Trucking terminals, warehouses, and storage yards
|
30.9
|
P
| |||||||||||||
Waste Processing and Disposal
| |||||||||||||||
Junkyard
|
30.10
|
S
| |||||||||||||
Organic waste recovery facility
|
30.11
|
S
|
S
| ||||||||||||
Recycling collection center
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
P
|
P
|
P
|
P
| |||
Recycling, product
|
30.12
|
S
|
S
|
S
|
S
| ||||||||||
Recycling processing center
|
30.13
|
P
| |||||||||||||
Scrap metal processing
|
30.14
|
P
| |||||||||||||
Solid waste disposal facilities
|
30.15
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
| |
Solid waste transfer stations
|
30.16
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |||||
25.2.F. Marine Uses
| |||||||||||||||
Fisheries activities facilities
|
S
|
S
|
S
|
S
| |||||||||||
Marinas
|
31.1
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||||
Marina equipment service and repair
|
S
|
S
|
P
|
P
|
P
| ||||||||||
Piers and related facilities: community and private
|
31.2
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||||
Ports and related industry
|
P
| ||||||||||||||
Shoreline stabilization measures
|
31.3
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| |||||
Water-oriented public recreation, education, research areas
|
31.4
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||||
25.2.G. Utility, Transportation and Communication Uses
| |||||||||||||||
Communication
| |||||||||||||||
Antenna tower for essential communications
|
32.1
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| ||
Antenna tower for radio and television transmission and other
nonessential radio communications
|
32.2
|
S
|
S
|
S
|
S
|
P
|
P
|
P
| |||||||
Wireless communication towers 100 feet or taller
|
32.3
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |||||||
Wireless communication towers less than 100 feet
|
32.3
|
P
|
P
|
P
|
P
|
S
|
P
|
P
|
P
|
P
| |||||
Energy and Fuel
| |||||||||||||||
Pump stations for gas and oil pipelines
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||||
Solar energy system, large-scale
|
32.4
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||
Utility services, nonessential
|
32.5
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||
Utility services, essential
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
S
|
P
|
P
|
P
|
P
| ||
Utility structures
|
32.6
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||
Wind turbine production facility, small
|
32.7
|
S
|
S
|
P
|
P
|
P
| |||||||||
Sewage and Water
| |||||||||||||||
Septage treatment facilities
|
32.8
|
S
|
S
|
S
|
S
| ||||||||||
Wastewater treatment plant
|
32.9
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |
Water treatment and storage facilities
|
32.10
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |
Transportation
| |||||||||||||||
Landing strips, private
|
32.11
|
S
| |||||||||||||
25.2.H. Accessory Uses
| |||||||||||||||
Accessory uses, general
|
33.1
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Agricultural uses and structures, accessory
|
33.2
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Bed-and-breakfast facility
|
33.3
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Bridges, private, nontidal
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||
Bridges, private, tidal
|
33.4
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |
Cottage industry
|
33.5
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |||||
Dwelling, accessory
|
33.6
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Dwelling, accessory to agricultural use: manufactured or mobile
home: 1 or 2 dwellings
|
33.7
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |||
Dwelling, accessory to agricultural use: manufactured or mobile
home: 3 or 4 dwellings
|
33.7
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||||
Dwelling, accessory to agricultural use: dwelling other than
a manufactured/mobile home
|
33.7
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |||
Dwelling, accessory to commercial use
|
33.8
|
A
|
A
|
A
|
A
|
A
| |||||||||
Dwelling, seasonal agricultural employee
|
33.9
|
S
|
S
|
S
| |||||||||||
Event venue, accessory to agriculture
|
33.10
|
S
|
S
|
S
| |||||||||||
Event venue, accessory
|
33.11
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| |
Home occupation
|
33.12
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Kennel, accessory residential
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||||||
Piers and related uses:
| |||||||||||||||
Private piers
|
31.2
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |||||
Boat ramps
|
31.2
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |||||
Raised walkway
|
31.2
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |||||
Poultry, waterfowl and gamebirds on residential lots
|
33.13
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Produce stand
|
33.14
|
A
|
A
|
A
|
A
|
A
|
S
|
S
|
A
| ||||||
Recreational vehicle parking
|
33.15
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Residential structures and uses, accessory
|
33.16
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Retail, accessory to industrial
|
33.17
|
A
|
A
| ||||||||||||
Satellite dishes and amateur radio towers
|
33.18
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Septic systems
|
33.19
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Short-term rental
|
33.20
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Solar energy system, medium-scale
|
32.4
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Solar energy system, small-scale
|
32.4
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Stables, accessory to residential uses
|
33.21
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Storage of inoperable or unregistered motor vehicles accessory
to residential use
|
33.22
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Storage, accessory to commercial and industrial uses
|
33.23
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| |
Storage building prior to construction of a primary structure
|
33.24
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||||
Wind turbine system, small
|
32.7
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
26.1
Greenhouse and plant nursery (retail).
26.2
Greenhouse and plant nursery (wholesale). In the RC Zone, limited
to establishments for the growing and holding of trees, shrubs, plants
and flowers (i.e., native, ornamental and hydrophytic species) for
the purpose of sale.
26.3
Poultry and hog houses larger than 1,500 square feet on parcels smaller
than 20 acres. Minimum setback from property lines: 200 feet.
26.4
Poultry and hog houses, livestock feeding lots and agricultural lagoons.
26.5
Agricultural processing.
A.
Two-hundred-foot setback from property lines for structures, processing,
storage and loading areas.
B.
Minimum lot size: 20 acres.
C.
The use must be located on a property that is actively being farmed
and granted agricultural assessment value by the Maryland Department
of Assessments and Taxation.
D.
Site plan approval is required.
26.6
Agricultural research facilities.
A.
The operation shall be conducted on a site of at least 25 acres.
B.
Livestock, wildlife and crops shall not be offered for commercial
resale.
C.
Any structure, including feeder lots and barns, and ponds shall be
constructed at least 200 feet from any property lines, residential
structures, tributary streams, drainage swales or ditches, with landscape
buffering as necessary.
D.
Maximum site coverage for all primary and accessory buildings: 10%.
E.
A fence shall be constructed around all structures, research plots
and ponds within the research facility.
F.
An incinerator shall be constructed on the premises for the disposal
of all nonliquid waste generated on the site.
G.
Any research involving fish or marine life shall be conducted in
aboveground facilities, except that agriculturally related products
registered with the United States Environmental Protection Agency
may be applied to in-ground ponds, provided that the amount applied
does not exceed the maximum recommended label rate of application
for such products on crops or land. Ponds for such research shall
be constructed in a manner which shall preclude leaching of any liquid
from the facility or pond.
26.7
Direct farm marketing, harvesting and education.
A.
Includes:
1.
Pick-your-own produce operations, cut-your-own tree or flower operations,
pumpkin patches, and similar uses. An accessory building or structure
may be located on the property and used for the day-to-day operation
of such activities and for the sale of products grown on site;
2.
Additional activities directly related to education about farm production,
including participation in harvesting, farm tours, classes related
to production or use of farm products, and similar activities; and
B.
May be established in conjunction with other agricultural support
businesses or services.
C.
The farm must be actively producing agricultural products for purchase
and sale.
D.
Minimum lot size: five acres.
E.
The use must be located on a property that is and remains actively
farmed and is granted agricultural assessment value by the Maryland
Department of Assessments and Taxation.
F.
Minimum setbacks, including structures, parking areas, and other
areas open to visitors, excluding farm production areas: 30 feet from
property lines and 100 feet from any off-site residence.
G.
Site plan approval is required.
H.
Hours of operation shall be established as part of the site plan.
I.
Warning signs shall be posted indicating that participation in activities
on a farm involves inherent risks, and notifying participants that
by choosing to participate they are accepting the "inherent risks
of agritourism activity."
26.8
Farm-based recreation.
A.
Includes activities that predominately use agricultural products,
buildings or equipment, such as corn mazes, hayrides, pony rides,
petting zoos, farm museums and similar activities. The facilities
may be available as venues for weddings, receptions and similar uses,
subject to 190-26.8.H below.
B.
Minimum lot size: 20 acres.
C.
The use must be located on a property that is and remains actively
farmed and is granted agricultural assessment value by the Maryland
Department of Assessments and Taxation.
D.
Minimum use setbacks for structures, parking areas, and outdoor areas
open to customers: 100 feet from property lines and 200 feet from
any off-site residences.
E.
A Type D landscape yard, or an equivalent combination of vegetation
and distance, shall be provided between the use and adjacent properties.
F.
Site plan approval is required.
G.
Hours of operation shall be established on the site plan and limited
to hours between 9:00 a.m. and 11:00 p.m.
H.
A farm-based recreation site is permitted to host outdoor weddings,
receptions and similar events, provided that:
1.
Each event shall be limited to no more than 200 guests.
2.
No outdoor music is permitted before 9:00 a.m. or after 10:00 p.m.
3.
Such events shall take place on no more than 12 days per calendar
year.
4.
The operator of the farm-based recreation use does not need to apply
for a use certificate for each of the 12 events. Records shall be
maintained and made available to the Planning Office upon request
that provide event details to include date, event time lines, and
number of attendees.
I.
Warning signs shall be posted indicating that participation in activities
on a farm involves inherent risks, and notifying participants that
by choosing to participate they are accepting the "inherent risks
of agritourism activity."
26.9
Farm alcohol production facility.
A.
Includes:
1.
Production of wine, beer and/or distilled spirits using a product
or products grown on-site.
2.
Bottling, aging, storage, shipping, and loading facilities and administrative
offices.
3.
Accessory sales of products produced on-site and the regular sale
of promotional items including but not limited to glassware, clothing,
bottle openers and similar items. The retail sales display area shall
be no larger than 500 square feet.
4.
Product tasting, and limited food service, provided the area inside
the building used for such activities shall not exceed 49% of the
gross floor area of the building.
B.
Promotional events, larger retail sales areas, private parties and receptions are permitted pursuant to § 190-26.8, Farm-based recreation.
C.
Site plan approval is required if retail sales or product tasting
are included as part of the use.
D.
Minimum structure and use setbacks for parking, processing, storage,
shipping, loading and customer facilities and areas: 100 feet from
property lines.
E.
The use must be located on a property that is and remains actively
farmed and granted agricultural assessment value by the Maryland Department
of Assessments and Taxation.
F.
In the VH and VM Districts the minimum lot size shall be 20 acres.
26.10
Farm equipment service and repairs: one-hundred-fifty-foot setback
in the AC, CP, WRC and VM Districts.
26.11
Farm machinery and supplies sales.
A.
Includes agricultural vehicles and implements, and agricultural supplies.
B.
Includes home and garden supplies and equipment, except in the AC,
CP, and WRC Districts.
C.
In the AC, CP, and WRC Districts, minimum two-hundred-foot setback
is required for structures used for milling of grain and feed, and
chemical and fertilizer storage.
26.12
Farm market.
A.
Maximum farm market structure size: 2,000 square feet; this may include
space in a single, owner-occupied accessory farm building.
B.
The use must be located on a property that is actively being farmed
and granted agricultural assessment value by the Maryland Department
of Assessments and Taxation.
C.
Site plan approval is required.
26.13
Grain processing, drying and storage (wholesale commercial).
A.
In the RC District (wholesale only), limited to an accessory use
to a farm operation existing as of August 13, 1989.
B.
Minimum two-hundred-foot setback from property lines.
C.
In the VH and VM Districts, new or expanded structures shall maintain
the minimum setback from lot lines of the existing structures on the
same property.
26.15
Stables, riding, trails and horse boarding (commercial).
27.1
Dwelling, single-family (detached).
A.
Limited to one single-family primary residence per parcel or lot.
B.
Includes modular homes and double-wide manufactured homes.
C.
Excludes single-wide manufactured homes and mobile homes.
D.
The following standards apply for the placement of double-wide manufactured
homes permitted as single-family residences on individual lots or
parcels:
1.
The home must be manufactured after January 1, 2001, and be in compliance
with the National Manufactured Housing Construction and Safety Standards
Act of 1974, as amended.
2.
The base width of the home for any front, side and rear elevation
must be 22 feet wide and it must have eaves on each side with a minimum
of one-foot overhang beyond the base width, such that the total width
from eave to eave shall be at least 24 feet.
3.
The home must have a minimum 4/12 roof pitch.
4.
The roof must be finished with shingles or other conventional roofing
materials common to residential construction, and the exterior siding
must be similar in appearance to common residential construction.
5.
The home must have a County-approved permanent continuous masonry
foundation, unpierced except for required ventilation and utilities
access installed under the home. The permanent masonry or brick foundation
shall be left exposed or skirted with other masonry or brick.
6.
Permanent landing and steps with handrails are required at each exterior
doorway.
7.
The tongue, axles, transporting lights and removable towing apparatus
must be removed after placement on the lot and before occupancy.
27.2
Dwelling, single-family (duplex).
A.
Includes two attached single-family dwellings constructed on site
or modular dwellings manufactured off site.
B.
Excludes manufactured homes and mobile homes.
C.
Each dwelling unit must be located on a separate lot, and the side
yard setback where the dwelling units are attached is waived.
D.
The use is allowed only on individual lots smaller than two acres.
27.3
Group home, large.
A.
Minimum lot area: two acres per dwelling unit.
B.
Adequate supervision and professional services shall be provided.
C.
Required Maryland licensing shall be maintained as applicable.
D.
The dwelling shall be of sufficient size to accommodate the proposed
number of residents and staff.
E.
The site shall provide adequate outdoor space free from hazard and
appropriately equipped for the age and number of persons residing.
28.1
Day-care center, large group.[1] In the RC District, the following regulations apply:
A.
The use shall be located in a structure existing prior to August
13, 1989.
[1]
Editor’s Note: At the direction of the County, the incorrect
title “Day-care center, family” was replaced with the
correct title “Day-care center, large group.”
28.2
Educational institutions, public or private, boarding and nonboarding.
A.
In RC and TR Districts, limited to nursery schools and schools with
Grades K through 8.
B.
In the RC District:
1.
Public schools allowed, in accordance with COMAR 27.02.02 (State
and Local Agency Actions Resulting in Development of Local Significance
on Private Lands or Lands Owned by Local Jurisdictions); and
2.
Private schools allowed, subject to lot coverage limitation of 15%
of the site or 20,000 square feet, whichever is less.
28.3
28.4
Offices, government. In the LI District limited to offices offering
agricultural, technical, investigative, or community outreach and
support services.
28.5
Cemeteries and mausoleums/columbarium, non-church-related, for humans
and animals and family cemeteries.
A.
Twenty-acre minimum lot size for cemeteries.
B.
Five-acre minimum lot size for pet cemeteries.
C.
Two-acre minimum lot size when limited to use of the property owner
and the owner's family members and their pets.
D.
A minor site plan shall be required.
E.
Non-church-related cemeteries are prohibited in the RC District, excepting family cemeteries. For family cemeteries, lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.
28.6
Cemeteries, related to house of worship. The following regulations
apply in an RC District:
A.
A cemetery related to a house of worship is allowed, provided the
house of worship was in existence prior to August 13, 1989, and lot
coverage is limited to 15% of the site or 20,000 square feet, whichever
is less.
B.
In an RC District, includes columbarium associated with a house of
worship, provided lot coverage is limited to 15% of the site or 20,000
square feet, whichever is less.
28.7
28.8
Hospital. Minimum two-hundred-foot structure setback.
28.9
Meeting halls and facilities for clubs, lodges and fraternal societies.
A.
Excludes gun and firearm shooting clubs.
28.10
Nursing homes, skilled nursing facilities, hospice care and
assisted living facilities.
A.
Inside the Critical Area a home or facility shall be located in a
structure existing prior to August 13, 1989.
B.
The nursing home shall not constitute a nuisance caused by noise,
vehicle traffic or parking, or other physical activity.
C.
Adequate setbacks and a Type C Landscape Buffer shall be provided
to screen neighboring residential properties.
D.
The facility shall have access to roads suitable for emergency responders.
28.11
Conservation areas (public or private).
A.
Includes arboretums, bird sanctuaries, demonstration forests, hunting
preserves, reforestation areas, wildlife reservations and regulated
hunting areas.
B.
May be open to the public for hunting or passive recreation such
as walking, bicycling or boating.
C.
May include accessory offices, visitor information and storage structures.
In the RC District:
[Amended 5-28-2019 by Bill No. 1411]
D.
Does not include active recreation facilities (athletic fields, playgrounds)
28.12
Natural resource-oriented public recreation, education, and
research.
A.
Includes conservation areas owned by a quasi-public or private organization
that include, as a principal use, visitor centers, research facilities,
educational programming, and similar uses.
C.
Site plan approval is required.
D.
In the Critical Area, the following regulations apply. The Board
of Appeals shall review these requirements as part of the special
exception.
1.
The requirements for water-dependent uses in § 190-15.14, Water-dependent facilities, shall be considered to the extent that they are applicable to the particular use.
2.
Sanitary facilities shall be provided meeting the requirements of
Maryland state law.
3.
Permeable surfaces shall be used wherever standard engineering practices
allow, if no degradation of groundwater would result.
4.
Not more than 15% of existing natural vegetation shall be permanently
disturbed.
5.
All facilities, including areas for passive recreation (trails, education)
shall be located outside the Shoreline Development Buffer.
7.
In
the RC District, any proposed change of use from Natural Resource
- Oriented Public Recreation, Education, and Research to another permitted
use in the RC District shall be reviewed by the Critical Area for
consistency with the purposes and characteristics of the Resource
Conservation Area (RCA).
[Added 5-28-2019 by Bill No. 1411]
29.1
29.4
Restaurants, bars and nightclubs with outdoor events.
A.
Excludes uses with drive-through facilities.
B.
The special exception and site plan approval shall establish limits
and location for outdoor seating and music, as well as, frequency
and hours.
C.
All applications in the Village Zoning Districts requesting outdoor
amplified music shall include a noise compliance plan that includes
a means for continuous electronic monitoring of sound levels from
one hour prior to, until one hour after, the approved outdoor music
time restriction, along with all other materials required by the application
form and checklist published by the Planning Office.
D.
In addition to the public notice requirements of § 190-54.5 below, notices must be postmarked at least 30 days prior to any public meeting or hearing and shall be sent to all owners of land with a property line within 1,000 feet of the subject parcel, including in line of sight[1] within 1,000 feet across waterways.
[1]
Editor’s Note: With the permission of the County, the
typographical error “site” was corrected to read “sight.”
29.5
Roadside vendors.
A.
Use certificate, license.
1.
A use certificate and vendor's license is required. A separate license
is required for each location.
2.
The roadside vendor or food truck shall display the license in a
conspicuous location at the site where the vendor is operating.
3.
Fees for the use certificate and vendor's license shall be paid in
accordance with the adopted fee schedule.
B.
Short-term roadside vendors shall meet the following standards:
1.
Maximum number of days of operation per calendar year for short-term
vendors: seven.
2.
The Planning Director may waive license fees and extend the number
of days that a short-term roadside vendor may operate, provided the
vendor holds federal tax-exempt status under § 501(c)(3)
of the Internal Revenue Code or otherwise dedicates its proceeds to
a charitable organization or valid fund-raising activity.
C.
Long-term roadside vendors shall not use tents or open air tables.
D.
For all roadside vendors:
1.
If located on a commercial or industrial site, the roadside vendor
may occupy surplus parking spaces or similar areas on site, but shall
not occupy required landscape yards or parking spaces.
2.
A roadside vendor may locate on an unimproved lot in the LC or GC
Zoning District, subject to approval of a simplified site plan as
well as a use certificate.
3.
Vendors must obtain the written permission of each property owner
on whose property the vendor's operation is located.
4.
Maximum number of employees on site: three.
5.
Vendors shall operate in a manner that permits safe ingress and egress
to and from the operation.
6.
Roadside vendors and food trucks shall locate such that the site
they occupy complies with all development standards pertaining to
the zoning district and applicable overlay districts such as the Gateway
Overlay District.
7.
All facilities associated with the roadside vendor shall be removed
immediately upon discontinuation of the use.
29.6
Hotel/motel. Any restaurant and indoor banquet/event facility(ies)
located on the property shall not exceed 49% of the total floor area
of the hotel/motel.
29.7
Inn.
A.
An inn shall have no more than 10 guest rooms and no more than 30
guests.
B.
On parcels of two acres or greater, no more than two guest rooms
may be detached from the primary structure.
C.
No cooking facilities shall be permitted in guest rooms.
D.
The maximum stay for guests shall not exceed 14 consecutive days.
29.9
Golf courses and country clubs (public or private).
A.
Excludes miniature golf courses.
B.
Excludes driving ranges not primarily associated with the golf course.
C.
Courses shall not be lighted for night play.
D.
In the RC District, golf courses that legally existed as of August
13, 1989 may be expanded in accordance with § 190-48.3.E.
E.
A country club may be used to host weddings, receptions, and similar
outdoor events unrelated to common golf course and country club uses,
provided that:
1.
All areas used for such events shall be within 500 feet of the primary
country club structure.
2.
Each event shall be limited to no more than 200 guests.
3.
No outdoor music shall be permitted before 9:00 a.m. or after 10:00
p.m.
4.
Such events shall take place on no more than 12 days per calendar
year. The operator does not need to apply for a use certificate for
each of the 12 events. Records shall be maintained and made available
to the Planning Office upon request that provide event details to
include date, event time lines, and number of attendees.
5.
These restrictions shall not apply to customary country club uses
or events.
29.10
Off-road outdoor recreation (public or private).
A.
Includes motorized and nonmotorized vehicle race and other recreation
courses, excluding automobiles and trucks.
B.
Minimum site size: 50 acres.
C.
Minimum setback from property lines: 200 feet, of which 100 feet
shall be vegetative buffer of at least 10 feet in height.
D.
Minimum setback from existing inhabited dwellings: 1,000 feet.
E.
Site access shall be by arterial or collector road.
F.
Maximum merchandise retail sales area: 400 square feet.
G.
Entire course must be laid out so that vehicles shall not be driven
on the courses above natural prevailing grade of surrounding land.
H.
The facility shall post rules and regulations regarding the use of
safety equipment.
I.
Trained first aid personnel shall be on site during operating hours.
J.
Hours of operation may not exceed 9:00 a.m. to 7:00 p.m.
K.
Nighttime lighting is not permitted.
L.
Overnight camping or campgrounds are not permitted.
M.
The recreation area shall be fenced with at least a six-foot-high
fence and locked during nonoperating hours.
N.
No paid spectator tickets are permitted.
29.11
Recreation facilities, indoor (commercial or noncommercial).
A.
Includes billiard/pool halls, bowling alleys, health clubs, indoor
ball courts, skating rinks, theaters with fewer than 500 seats, and
sports arenas with fewer than 500 seats.
B.
Minimum one-hundred-foot setback from property lines.
C.
In the VM District, the use must be located within 0.25 mile of a
collector or arterial highway.
29.13
Building supply and lumber yards with outside storage.
A.
Includes home and garden supplies and equipment.
B.
No structure shall exceed 65,000 square feet in gross floor area.
For the purposes of this subsection, the term "gross floor area" shall
include indoor and outdoor space utilized for retail display and sale
of goods. No combination of structures or structures and outside retail
display and sales areas on the same or on contiguous lots or parcels
shall exceed 65,000 square feet in gross floor area for a single or
commonly controlled retail business operation.
29.14
Retail, general.
A.
Includes sales of antiques, books, baked goods, clothing, crafts,
drugs, dry goods, furniture, gifts, groceries, hardware, household
items, liquor, plants (flowers, shrubs, and trees), seafood, sports
equipment, and items generally found in department stores, general
stores or variety stores.
B.
General retail uses shall not exceed 25,000 square feet in gross
floor area. For purposes of this section, the term "gross floor area"
includes indoor and outdoor space utilized for retail display and
sale of goods.
29.15
Retail, major.
A.
Applicability.
1.
Major retail uses are all retail establishments in a single building
or multiple buildings occupying more than 25,000 square feet but no
more than 65,000 square feet of gross floor area.
2.
For purposes of this section, the term "gross floor area" shall include
indoor and outdoor space utilized for retail display and sale of goods.
No combination of structures, or structures and outside retail display
and sales areas on the same or on contiguous lots or parcels, shall
exceed 65,000 square feet in gross floor area for a single or commonly
controlled retail business operation.
B.
General design features. Buildings shall be designed to complement
and replicate the character and vernacular of the area. Landscaping
shall include a variety of trees, shrubs, and grassy areas in order
to create an eye-pleasing addition to the community.
C.
Facades and exterior walls.
1.
All facades greater than 100 feet in length, measured horizontally,
shall incorporate wall plane projections or recesses having a depth
of at least 3% of the length of the facade. No uninterrupted length
of any facade shall exceed 100 horizontal feet.
2.
All facades shall have arcades, display windows, entry areas, awnings,
or other such features along no less than 60% of their horizontal
length.
D.
Detail features. Building facades must include a repeating pattern
that shall include no fewer than three of the elements listed below.
At least one of these elements shall repeat horizontally. All elements
shall repeat at intervals of no more than 30 feet, either horizontally
or vertically.
E.
Roofs. Roofs shall have at least two of the following features:
1.
Parapets completely concealing the flat roofs and all rooftop equipment
from public view. The average height of such parapet shall not exceed
15% of the height of the supporting wall, and such parapet shall not
at any point exceed 1/3 of the height of the supporting wall. Such
parapet shall feature three-dimensional cornice treatments.
2.
Overhanging eaves, extending no less than three feet past the supporting
walls.
3.
Sloping roofs that do not exceed the average height of the supporting
walls, with an average slope greater than or equal to one foot of
vertical rise for every three feet of horizontal run and less than
or equal to one foot of vertical rise for every one foot of horizontal
run.
4.
Multiple roof slope planes.
F.
Materials and colors.
2.
The predominant facade color shall be low reflectance, subtle, neutral,
or earth colors. The use of high-intensity or fluorescent colors is
prohibited.
3.
Building trims and accent areas may feature brighter colors, including
primary colors, but neon tubing shall not be an acceptable feature
for building trim or accent areas.
G.
Entryways.
1.
Each primary building on the site shall have a clearly defined, highly
visible customer entrance featuring at least three of the following:
a.
Canopies or porticoes.
b.
Overhangs.
c.
Recesses/projections.
d.
Arcades.
e.
Raised corniced parapets over the door.
f.
Peaked roof forms.
g.
Arches.
h.
Outdoor patios.
i.
Display windows.
j.
Architectural details such as tile work and moldings which are
integrated into the building structure and design.
k.
Integral planters or wing walls that incorporate landscaped
areas and/or places for sitting.
2.
Entrance. All sides of a primary building that directly face an abutting
public street shall feature at least one customer entrance. Where
a primary building directly faces more than two abutting public streets,
this requirement shall apply only to two sides of the building, including
the side of the building facing the primary street, and another side
of the building facing a secondary street.
H.
Parking lots. Not more than 50% of the off-street parking area for
the entire property shall be located between the front facade of the
primary building(s) and the primary abutting street.
I.
Setbacks. The minimum setback for any portion of the structure shall
be 50 feet from the nearest property line. In addition, when property
in a conservation, residential, or village district either abuts the
parcel on which the structure is to be located or is separated from
the parcel by a public or private road, the fifty-foot setback shall
be increased by an additional setback (the "additional setback") which
shall be calculated according to the following formula: an additional
50 feet plus one additional foot for each 1,000 square feet that the
building exceeds 50,000 square feet in gross floor area. If either
U.S. Route 50 or Maryland Route 322 acts as an intervening public
street between the parcel on which the building is to be located and
the adjacent property in a conservation, residential, or village district,
the width of that road's right-of-way shall be deducted from the additional
setback otherwise required by this section.
J.
Outdoor storage, trash collection, and loading areas.
1.
Areas for outdoor storage, truck parking, trash collection or compaction,
loading, or other uses shall not be visible from abutting streets.
2.
No areas for outdoor storage, trash collection, or trash or compaction,
loading or other uses shall be located within 25 feet of any public
street, public sidewalk or internal pedestrianway.
3.
Loading docks, truck parking, outdoor storage, utility meters, HVAC
equipment, trash collection, trash compaction and other service functions
shall be incorporated into the overall design of the building and
the landscaping so that the visual and acoustic impacts of these functions
are fully contained and out of view from adjacent properties and public
streets, and no attention is attracted to the functions by the use
of screening materials that are different from or inferior to the
principal materials of the building and landscape.
4.
Non-enclosed areas for the storage and sale of seasonal inventory
shall be permanently defined and screened with walls and/or fences.
Materials, colors, and design of screening walls and/or fences and
the cover shall conform to those used as predominant materials and
colors on the building. If such areas are to be covered, then the
covering shall conform to those used as predominant materials and
colors on the building.
K.
Pedestrian flows and bicycle traffic.
1.
Sidewalks at least eight feet in width shall be provided along all
sides of the lot that abut a public street.
2.
Continuous internal pedestrian walkways, no less than eight feet
in width, shall be provided from the public sidewalk or right-of-way
to the principal customer entrance of all primary buildings on the
site. At a minimum, walkways shall connect focal points of pedestrian
activities, such as, but not limited to, transit stops, street crossings,
and building and store entry points, and shall feature adjoining landscaped
areas that include trees, shrubs, benches, flowerbeds, ground covers
or such other materials for no less than 50% of its length.
3.
Sidewalks, no less than eight feet in width, shall be provided along
the full length of the building along any facade featuring a customer
entrance, and along any facade abutting public parking areas. Such
sidewalk shall be located at least six feet from the facade of the
building to provide planting beds for foundation landscaping, except
where features such as arcades or entryways are part of the facade.
4.
Internal pedestrian walkways provided in conformance with Subsection
K.2 above shall provide weather protection features, such as awnings
or arcades, within 30 feet of all customer entrances.
5.
All internal pedestrian walkways shall be distinguished from driving
surfaces through the use of durable, no-maintenance service materials,
such as pavers, bricks, or scored concrete to enhance pedestrian safety
and comfort, as well as the attractiveness of the walkways.
6.
Bicycle traffic shall be accommodated by providing adequate bicycle
circulation routes (which may or may not be combined with the required
pedestrian walkways and sidewalks) as well as bicycle storage facilities
(i.e., racks or lockers).
L.
Central features and community space.
1.
Each establishment subject to these standards shall contribute to
the establishment or enhancement of community and public spaces by
providing at least two of the following:
a.
Patio/seating area.
b.
Pedestrian plaza with benches.
c.
Transportation center.
d.
Window-shopping walkway.
e.
Outdoor playground area.
f.
Kiosk area.
g.
Water feature.
h.
Clock tower.
i.
Other such deliberately shaped areas and/or a focal feature
or amenity that, in the judgment of the Planning Commission, adequately
enhances such community and public spaces.
2.
Any such areas shall have direct access to the public sidewalk network,
and such features shall not be constructed of materials that are inferior
to the principal materials of the building and landscape.
M.
Abatement of nuisance to neighboring properties. Neighboring properties
shall be protected from site illumination, noise, odor, or any other
impacts that could potentially be a nuisance to those properties.
Lighting shall be designed to prevent any night sky illumination.
29.16
29.17
Services, general.
A.
Includes beauty parlor, barbershop, blacksmith, dry cleaning, equipment
rental, laundromats/laundry, locksmith, outdoor power equipment repair,
photo processing, shoe repair, tailor shop, signs, sheet metal, printing
and publishing, appliance repair, upholstery, taxidermy, woodworker/carpenter
and welding.
B.
In the LC District, maximum gross floor area: 2,500 square feet.
29.18
Sexually oriented businesses.
A.
In addition to any buffer, buffer yard, setback, or other design
criteria generally applicable to permitted uses, a sexually oriented
business must meet the following minimum setbacks:
1.
A building or structure housing a sexually oriented business shall
be located at least 1,000 feet from any land parcel zoned residential
and at least 1,000 feet from any parcel containing a school, house
of worship, park or recreation facility, day-care center, small group,
day-care center, large group, or day-care facility, family.
2.
For this section's purposes, measurement shall be made in a straight
line, between the closest points of the affected structures and the
affected parcels.
3.
A lawfully operating sexually oriented business shall not be rendered
a nonconforming use by the subsequent change in zoning of neighboring
parcels or the subsequent location of a use listed in Subsection A.1
above.
B.
A sexually oriented business shall:
1.
Have lighting to a level of at least two footcandles for all exterior
areas, including but not limited to parking lots or areas, loading
docks, and sidewalks; and
2.
Be equipped with video surveillance cameras that monitor the premises'
exterior from a management station located within the business.
C.
A sexually oriented business shall keep all parking areas visible
from a public right-of-way to the maximum extent possible. The location
or construction of a fence, wall, or other barrier that prevents any
portion of the parking lot(s) from being visible from a public right-of-way
is prohibited. Any such barrier that exists at the time a sexually
oriented business is established shall be removed.
D.
A sexually oriented business shall post signs that limit its parking
areas to the exclusive use of its patrons and employees and shall
prohibit trespassing by all others.
E.
A sexually oriented business shall conduct, display, deliver, perform,
and/or provide adult entertainment or adult material so as to be visible
only from within the interior of the building. No such adult entertainment
and adult material or visual representations of such entertainment
and material shall be visible in any way, manner, or degree from any
place outside the building.
F.
A sexually oriented business shall locate only on parcels or in buildings
not containing any hotel, motel, bed-and-breakfast, inn, or boardinghouse.
No sexually oriented business may operate in any structure or portion
thereof not generally open to the public and freely accessible and
fully visible to patrons and employees at all times, except storage
or other areas restricted to employees only.
29.22
Vehicle and boat parking and storage (commercial).
A.
Excludes any vehicle repairs and maintenance in the AC, CP, WRC and
RC Districts.
B.
Limited to indoor storage in structures existing as of August 13,
1989, in the RC District and June 22, 1991, for the AC, CP, WRC, VM,
and LC Districts.
C.
Outside boat parking and storage may be allowed by special exception
in the LC District.
30.1
Building, trade and construction contracting.
A.
Includes carpentry, construction, electrical, excavation/grading,
floor covering, glass repair, heating/air conditioning, home improvement,
masonry, painting, paving, plumbing, roofing, septic system installation,
utility installation, well drilling and similar uses.
B.
No exterior storage is permitted in the LC District.
30.2
Marine contracting. Includes businesses that install or repair pilings,
piers and similar structures located in or over water to include shoreline
stabilization.
30.3
(Reserved)
30.4
Compounding industries (permanent).
A.
Includes concrete and asphalt plants.
B.
One-thousand-foot setback from existing residences unless consent
to reduce the setback is received from all residence owners within
the one-thousand-foot setback.
C.
The use is not permitted in the Chesapeake Bay Critical Area.
D.
Shall have direct access to a major collector highway or higher designation
road.
30.6
Monuments and memorial stones, production and sale: minimum one-hundred-foot
setback for stone cutting activities.
30.8
Mineral extraction.
A.
Includes sand and gravel operations.
B.
The approved plans for the use shall identify and implement appropriate
methods for protecting existing neighborhoods from the impacts of
adjacent extraction operations and the transportation of extracted
resources.
C.
Minimum two-hundred-foot setback from property boundaries for power-driven
machinery, extractive operations and excavation pits.
D.
Access drives shall be dust-proofed with a tar and chip surface,
pavement or other acceptable means sufficient to control windblown
particulate matter.
E.
The Board of Appeals may require fencing where necessary for safety
purposes.
F.
The Board of Appeals may require visual screening where necessary
to mitigate aesthetic impacts on the surrounding neighborhood.
G.
Hours of operation are limited from sunrise to 7:00 p.m., Monday
through Saturday.
H.
The reclamation plan for mining sites shall identify the intended
post-extraction use of the property.
1.
The post-extraction use shall be consistent with County plans and
regulations. The following shall be given priority for post-extraction
uses: recreational uses, such as parks and lakes; forestry; aquaculture;
or residential development.
2.
Any post-extraction use as a rubble fill shall be limited to County-generated
rubble.
I.
In the Chesapeake Bay Critical Area, in addition to meeting the general
standards for granting special exceptions, the following regulations
apply which the Board of Appeals shall review as part of the special
exception:
1.
The operational procedures shall protect the Critical Area from all
sources of pollution from mineral extraction activities, including,
but not limited to, sedimentation and siltation, chemical and petrochemical
use and spillage, and storage or disposal of waste, dusts, and spoils;
all runoff shall be retained on site.
2.
The post-extraction or post-excavation use(s) of the site shall be
proposed with the operational procedures to ensure that extraction
activities permit reclamation of the site within two years after excavation
is completed.
3.
Mineral extraction activities shall not:
a.
Be located in habitat protection areas and natural heritage
areas;
b.
Be located in areas of highly erodible soils;
c.
Cause the loss for 25 years or more of productive forest and
agriculture uses as determined by the Soil Conservation Service or
Maryland Department of Natural Resources;
d.
Result in degradation of water quality or a loss of anadromous
fish spawning waters, shellfish beds, and submerged aquatic vegetation
areas;
e.
Be located within the Shoreline Development Buffer; or
f.
Have wash plants, including ponds, spoil piles, and equipment,
located within the Shoreline Development Buffer.
4.
Surety shall be provided to guarantee that all proposed reclamation
activities are accomplished.
30.9
Trucking terminals, warehouses, and storage yards are not allowed
in Critical Area.
30.10
Junkyard.
B.
Outdoor storage areas shall be completely enclosed by a solid wood
or masonry wall or fence at least six feet high, of a design approved
by the Board of Appeals. Building walls may form part of the enclosure.
C.
Walls and fences shall be maintained in good condition.
D.
Adequate environmental controls shall be employed.
30.11
Organic resource recovery facility.
A.
Minimum property size: 75 acres.
B.
Minimum setback: 1,000 feet from existing residences for structures
and outdoor use areas unless consent to reduce the setback is received
from all residence owners within the one-thousand-foot setback. In
no case shall the setback be reduced to less than 500 feet. Lesser
setbacks, but not less than the minimum setbacks for the zoning district,
may be permitted for re-use of existing structures.
C.
Safe access shall be available as approved by the state or Talbot
County. Access shall be by means of an arterial or collector road
and shall not result in truck traffic on roads serving primarily residential
lots.
D.
A Type D landscape yard shall be provided along property lines. In
addition, a security fence shall be installed inside the landscape
yard.
E.
The use shall be designed to control odors, dust and emissions to
avoid adverse impacts on surrounding properties.
F.
The use shall comply with requirements of the Maryland Department
of the Environment.
30.12
Recycling, product.
A.
Includes masonry products (including concrete, asphalt, brick, block
and stone) and material products (including trees, stumps, branches,
leaves, grass trimmings and soil).
B.
Minimum property size: 75 acres.
C.
Maximum storage and operation area: 15 acres.
D.
Minimum equipment and storage setbacks from property lines: 500 feet.
E.
Minimum setback from existing residences of 1,000 feet for equipment
and storage facilities unless consent to reduce the setback is received
from all residence owners within the one-thousand-foot setback. In
no case shall the setback be reduced to less than 500 feet.
F.
The property shall have direct access to a major collector or arterial
highway.
G.
Access drive(s) shall be gated and dust-proofed from storage/processing
area to the highway.
H.
The Board of Appeals may require fencing where necessary for safety
purposes.
I.
The Board of Appeals may require visual screening where necessary
to mitigate aesthetic impacts on the surrounding neighborhood.
J.
Operating hours shall be restricted to between sunrise and 7:00 p.m.,
Monday through Friday. Material may be received and sold on Saturday
between 7:00 a.m. and 12:00 noon, but no processing shall be permitted.
K.
If the operator is not the property owner, evidence of permission
of the property owner to use the property for the use must be provided.
L.
A product
recycling use established within a site that has an active, approved
mineral extraction use prior to February 8, 2020, shall not be subject
to Subsection D or F above. The minimum equipment and storage setbacks
from property lines shall be the setbacks under the approved mineral
extraction plan or 200 feet, whichever is greater.
[Added 12-10-2019 by Bill No. 1437]
M.
An application
for product recycling use shall include an operation plan that addresses
the projected type and number of vehicle trips; type of materials
to be recycled and nature of recycling or processing activities; location
of equipment and storage including exterior stockpiles; mitigation
measures for use impacts and hazard and emergency response preparedness.
[Added 12-10-2019 by Bill No. 1437]
30.14
Scrap metal processing. This use is not permitted in the Critical
Area.
30.15
Solid waste disposal facilities.
B.
The following requirements apply to this use:
1.
Disposal areas shall be set back a minimum of 100 feet from public
and private rights-of-way;
2.
Disposal areas shall not be located nor expanded within 300 feet
of a dwelling, school, or church or within 100 feet of any boundary
of the site;
3.
Solid waste disposal sites shall be effectively screened from public
view by dense foliage, topography, or fencing. A surrounding security
fence, a minimum of six feet in height, shall be constructed prior
to operation of the site. The fence shall be of suitable construction,
shall be unobtrusively painted or finished and shall be maintained
in good condition. In addition, a landscaped buffer strip 100 feet
in width, located outside of the security fence, shall be provided
around the entire periphery of the site.
C.
Whenever possible, rubble fills or rubble recycling facilities shall
be located in conjunction with mineral extraction sites.
D.
Within the Critical Area, the use shall be consistent with COMAR
27.01.02.02.G.
31.1
Marinas.
A.
Includes piers, wharves, berthing and boat docking facilities, launching
ramps, wet and dry storage facilities for seaworthy craft in operable
condition, yacht clubs, retail sale of maritime-related items (fishing
equipment, bait, ice, etc.), minor repair of watercraft, watercraft
sales, rental and charter, marine equipment sales, watercraft fuel
sales, fishing facilities (crab sheds, fish off-loading docks, shellfish
culture operations, and fishery activities), guestroom rental (no
more than 10 rooms), cafes.
B.
In the RC District, uses are limited to expansion of commercial marinas
and piers existing as of August 13, 1989.
C.
In the Chesapeake Bay Critical Area, in addition to the general findings and requirements for special exceptions in Article VII, and the general requirements for the use in § 190-15, Critical Area Overlay District, the following regulations apply which the Board of Appeals shall review as part of the special exception:
1.
The operational procedures shall minimize the discharge of bottom
wash water into tidal waters;
2.
The operational procedures shall meet the sanitary requirements of
the Maryland Department of the Environment as required by COMAR 26.04.02.
3.
New marinas shall not be located adjacent to anadromous fish spawning
waters, shellfish beds, and submerged aquatic vegetation areas;
4.
Expansion of existing marinas in the Rural Conservation District
shall not degrade water quality and shall result in an overall net
improvement in the water quality within and at the entrance to the
marina; and
5.
The number of slips or mooring buoys shall not exceed two for each
vehicle parking space which shall be provided outside the Shoreline
Development Buffer.
D.
Floating residences are prohibited.
E.
A cafe, limited to 20 seats, is permitted within a marina existing
on the effective date of this chapter.
F.
A yacht club may be used for weddings, receptions, and similar outdoor
events, provided that:
1.
Each event shall be limited to no more than 200 guests.
2.
No outdoor music shall be permitted before 9:00 a.m. or after 10:00
p.m.
3.
Such events shall take place on no more than 12 days per calendar
year. The operator does not need to apply for a use certificate for
each of the 12 events. Records shall be maintained and made available
to the Planning Office upon request that provide event details to
include date, event time lines, and number of attendees.
4.
These restrictions shall not apply to customary yacht club uses or
events.
31.2
Piers and related facilities (community and private).
A.
Number of piers, community piers, private piers, compensation.
1.
Parcels and lots shall be limited to one pier. Private piers shall
be limited to six outboard mooring piles, and a cumulative total of
six boat or personal watercraft lifts. The six lifts shall include
no more than four boat lifts. Lifts with a fixed or floating platform,
or covered lifts will be counted in the cumulative total platform
area limit.
2.
The owner(s) of a pier shall not be permitted to receive compensation
for the use of their pier.
3.
Community piers are permitted as a special exception use, subject
to the following:
a.
A community pier shall serve at least two lots.
b.
Two or more community piers may be permitted by the Planning
Commission to serve a riparian subdivision.
c.
The right of access to a community pier shall be adequately
provided for in a properly recorded set of covenants that incorporate
maintenance agreements.
d.
Primary dwelling footings and foundation members shall be in
place and construction shall be diligently pursued on at least one
lot prior to issuance of a permit for a community pier.
4.
Private piers are permitted as an accessory use, subject to the following:
a.
They shall not be permitted on a lot served by a community pier.
b.
Primary dwelling footing and foundation members shall be in
place and construction shall be diligently pursued on at least one
lot prior to issuance of a permit for a private pier.
c.
A private pier may be approved as an accessory structure on
a parcel without a principal residential structure as listed in §
190-33.1.B.4.
[Added 2-9-2021 by Bill No. 1468]
B.
Setbacks. Except for a community pier located on a joint property
line, piers may not be constructed closer to a side property line
than the required side yard setback for the zoning district in which
they are located.
C.
Water area for location.
1.
The water area within which a pier may be located is defined by the harbor lines and lateral lines and shall be determined in accordance with § 190-15.14, Water-dependent facilities.
2.
All piers shall be located a minimum distance of 25 feet from the
lateral lines. This setback may be reduced to no less than five feet
if a letter of no objection is obtained from the adjacent property
owner.
D.
Extension, width, length, impedance of natural channel, repair or
replacement piers.
1.
New piers, or any portion thereof, including outboard pilings, finger
piers, catwalks, boat or personal watercraft lifts, platform areas
or floating docks shall extend 150 feet or less in length measured
from the mean high-water, unless otherwise authorized by Subsection
D.9 below. Notwithstanding any other section of this chapter, this
limitation shall not be subject to modification by either a special
exception or a variance.
[Amended 10-22-2019 by Bill No. 1435]
2.
The maximum width of a pier shall be six feet. Finger piers shall
be limited to two for private piers and to the number of slips permitted
in Subsection F.4 below for community piers and shall not exceed three
feet in width nor be longer than 50% of the slip length.
3.
Platform areas, including but not limited to, floating or fixed docks,
launching facilities, or boat lift platforms attached to or associated
with a pier shall not exceed a cumulative total area of:
a.
Two hundred square feet for private or community piers located
along a joint property line shared by two adjacent lots. Additional
area projecting from a pier, including finger piers, and catwalks,
shall be no greater than three feet wide. Finger piers, catwalks and
platform areas associated with boat lifts as described in Subsection
A.1 above shall not exceed a cumulative total of 120 square feet for
private piers and 120 square feet per side for a community pier serving
two adjacent lots.
b.
Three hundred fifty square feet for community piers serving
three or more lots, excluding finger piers, catwalks and platform
areas associated with boat lifts as described in Subsection A.1 above.
4.
In no case shall any parts of a pier exceed 1/2 of the distance from
the mean high-water line to the center line of the body of water,
said line herein established as the tributary harbor line.
5.
In no case shall any parts of a pier impede the natural channel of
the waterway.
6.
When measuring the width of creeks or rivers with a total width of
less than 500 feet, small and shallow coves along the shoreline shall
not be used in determining the width of the waterway.
7.
Replacement or extension of existing piers. The following requirements
apply to piers completed prior to February 14, 2004.
a.
A functional pier, meeting the state standard of performing
at least 85% of the designed purpose, may be replaced in kind, even
if it exceeds the maximum allowed width, the one-hundred-fifty-foot
extension into a body of water or the two-hundred-square-foot limit
on additional area.
b.
Piers may be widened or lengthened and finger piers, platform
areas, floating docks, and boat lifts may be added, only if the additional
areas are in compliance with the requirements in Subsection D.1 through
6 above. Boat or personal watercraft lifts may be added to a legal,
nonconforming pier, so long as they do not add platform area.
c.
A
pier that does not meet the state standard of performing at least
85% of the designed purpose may be replaced beyond the 150-foot maximum
allowed length standards provided in § 190-31.2.D.1, at
a maximum width of six feet, to provide direct access to a legal nonconforming
boathouse that remains functional and was historically accessed by
the pier to be replaced.
[Added 10-22-2019 by Bill No. 1435]
8.
Functional piers, meeting the state standard of performing at least 85% of the designed purpose prior to any damage sustained by a storm event or other natural cause, may be repaired or restored in accordance with § 190-50.4, Reconstruction and relocation, of nonconforming structures.
9.
Piers
meeting the requirements and standards listed below may be extended:
[Added 12-17-2019 by Bill No. 1439]
a.
Pier
length, width and platform area limitations set forth in Subsection
D.1 through 3 and 7 above may be exceeded for piers required to support
one or more of the following uses:
b.
The
request for such extensions shall not exceed 200 feet in length.
c.
Such
increases for Subsection D.9.a.i. through iv. above shall be justified
to the satisfaction of the site plan approving authority and shall
be shown on an approved site plan. Any increase shall not exceed the
minimum adjustment necessary.
d.
Extensions
for piers supporting aquaculture (wholesale) may be permitted consistent
with this subsection by the Board of Appeals as a special exception.
E.
Mooring pilings, floating docks and platforms. All detached mooring
pilings, floating docks and platforms associated with a land-based
pier shall be considered a part of the land-based structure and shall
comply with the applicable setback, pier length and platform area
requirements contained in this chapter.
F.
Additional requirements for community piers. The following requirements apply to community piers, in addition to the supplemental requirements for water-dependent facilities in the Critical Area Overlay District § 190-15.14:
1.
The facilities shall not offer food, fuel, or other goods and services
for sale.
2.
The facilities shall be community owned and established and operated
for the benefit of the residents of a platted and recorded riparian
subdivision.
3.
Disturbance to the Shoreline Development Buffer shall be the minimum
necessary to provide a single point of access through the Buffer to
the facilities.
4.
Per COMAR finger piers shall be limited to a maximum of three feet
wide and not exceeding 50% of the proposed slip length.
5.
The number of slips shall be the lesser of Subsection F.5.a or b
below:
a.
One slip for each 300 feet of shoreline in the subdivision in
the Rural Conservation District or for each 50 feet of shoreline in
the subdivision in a rural residential, village center, or town residential
district; or
b.
A ratio of slips to platted lots or dwellings within the subdivision
in the Critical Area according to the following schedule:
Table IV-2. Ratio of Boat Slips to Lots or Dwellings
| |
---|---|
Number of Lots or Dwellings
|
Number of Slips
|
Up to 15
|
1 for each lot
|
16 to 40
|
15 or 75% of total lots, whichever is greater
|
41 to 100
|
30 or 50% of total lots, whichever is greater
|
101 to 300
|
50 or 25% of total lots, whichever is greater
|
Over 300
|
75 or 15% of total lots, whichever is greater
|
H.
Boathouses and floating residences. Boathouses and floating residences
are prohibited.
I.
Boat ramps. One boat launching ramp per lot shall be permitted, subject
to the required side yard setbacks.
31.4
Water-oriented public recreation, education, research areas.
A.
In the TR District:
B.
In the Chesapeake Bay Critical Area, the following regulations apply
for public beaches or other public water-oriented recreation or education
areas, including, but not limited to, public boat dock facilities
and publicly owned boat launching facilities and fishing piers. The
Board of Appeals shall review these requirements as part of the special
exception.
2.
Sanitary facilities shall be provided meeting the requirements of
Maryland state law.
3.
Permeable surfaces shall be used wherever standard engineering practices
allow, if no degradation of groundwater would result.
4.
Not more than 15% of existing natural vegetation shall be permanently
disturbed.
5.
Service facilities shall be located outside the Shoreline Development
Buffer wherever physically possible.
6.
Service facilities for passive recreation, such as nature study,
and hunting and trapping, and for education shall be located outside
of the Shoreline Development Buffer.
32.1
32.2
Antenna tower for radio and television transmissions. and other nonessential
radio communications.
A.
Includes towers for public and commercial radio and television antennas,
business band radio antennas and necessary transmission facilities.
B.
Includes associated broadcasting studios in the LC, GC, and LI Districts.
C.
New antenna towers shall not be located within a three-mile radius
of any existing antenna towers in the unincorporated area of the County.
32.3
Wireless communication towers.
A.
Exemptions. Private amateur (ham) radio towers 75 feet or less are exempt from the requirements of this section. See § 190-33.16 for specific land use regulations.
B.
General requirements. The following requirements are applicable to
all wireless communications towers regardless of height or date of
construction:
1.
Wireless communication priority placement areas identified on WCPPA
Guidance Plans shall be given priority for new service. Applications
within wireless communication priority placement areas meeting all
technical and other requirements established by this amendment shall
be presumed to provide optimal value to the County wireless communication
network. Applications outside wireless communication priority placement
areas shall be subject to a presumption that they provide less than
optimal value to the County wireless communication network.
2.
The applicant shall provide written verification that the proposed
wireless communication tower is greater than 500 feet from a parcel
containing a public playground, ball field or school use. Notwithstanding
any other section of this chapter, this limitation shall not be subject
to modification by either a special exception or variance. County-owned
property may be considered suitable for a tower location on an equal
basis with non-County-owned property.
3.
The ground base of any wireless communications tower structure shall be set back from any property line, road, or public recreation area a distance that is the height of the tower plus 10 feet, except for concealed towers, which shall comply with setback requirements set forth in Table II-12, Structure Height. Notwithstanding any other section of this chapter this limitation shall not be subject to modification by either a special exception or variance. Any icefall or debris from tower structural failure shall be contained in the immediate tower area. Any accessory structures shall comply with the minimum building setback requirements of the applicable zoning district. These setback requirements may be reduced through a variance application as provided for in Article VII.
4.
Wireless communications tower height shall be no higher than necessary
to ensure the effective service for the relevant service area, but
in no case shall exceed 200 feet. Notwithstanding any other section
of this chapter, this limitation shall not be subject to modification
by either a special exception or variance.
5.
The applicant for a wireless communications tower is required to
have a letter of intent from at least one Federal Communications Commission
(FCC) licensed operator to locate on the wireless communications tower
at the time the application is filed with the Planning Office. The
application shall not be accepted without the letter of intent that
defines the type of service(s) to be provided and the time schedule
for commencement of services after construction.
6.
The applicant is required to have at least one FCC-licensed operator
under contractual agreement to locate on the wireless communications
tower prior to issuance of a building permit.
7.
The wireless communications tower shall be designed to minimize adverse
visual and environmental impact (e.g., paint, camouflage, screening,
stealth technology, concealed towers, color, use of existing structures
and natural landscape, etc.). All equipment shelters shall be maintained
in neutral shades consistent with the natural landscape.
8.
The wireless communications tower and associated appurtenances shall
not be lit unless required by federal or state regulations. If lighting
is required, the least intensive lighting shall be used.
9.
The wireless communications tower shall be either a self-supporting
monopole or self-supporting lattice structure, except concealed towers,
which include an alternate or supplemental structural design accompanied
by certification from a Maryland licensed structural engineer that
the proposed tower is designed to withstand all design loads required
by the Talbot County Building Code by a minimum of 110%.
10.
The applicant shall submit a landscaping plan prepared by a licensed professional with the site plan application which identifies existing vegetation and specifications, including species, size, and location, of all proposed plant materials to be utilized for buffering and screening of the wireless communications tower structure and equipment structures. A secure fence or enclosure, a minimum of eight feet in height, shall enclose the entire base of the wireless communications facility. All required plantings shall be kept in a live, healthy condition. Any plants not in a live, healthy condition shall be replaced by the owner to the satisfaction of the Planning Director. Landscaping and fencing requirements may be waived for concealed towers through a waiver petition approved by the Planning Commission in accordance with § 190-62.
11.
The owner of a wireless communications tower shall provide financial
surety in a form and amount acceptable to the County to secure payment
of 125% of the cost of removal of the tower, base, foundation to six
feet below ground level, and accessory structures if the tower's use
is discontinued for 12 or more continuous months. The surety instrument
shall be provided prior to building permit application. The Department
of Planning and Zoning may increase the amount of the surety as necessary
from time to time to insure the amount is adequate to cover the cost
of removal.
12.
An abandoned wireless communications tower shall be removed
within 90 days of abandonment. If the owner of the tower does not
remove the tower, the County may utilize the financial surety to do
so, and any excess cost of the removal of the tower shall be borne
by the property owner of the land on which the tower is located. Talbot
County shall retain the right to place a lien against the property
until all such excess costs are paid.
13.
A sign shall identify the property owner, tower owner, contact
phone number, and emergency information and shall comply with the
sign requirements of this chapter. Information on the sign shall be
current, and the tower owner shall notify the Planning Director of
any information change.
14.
Existing wireless communications towers may be demolished and an in-kind replacement constructed within the approved compound of the original tower. The original tower must be removed within 60 days after the completion of the replacement tower. The in-kind replacement may not exceed the height of the original tower or its appurtenances, and all new antenna arrays and dishes must comply with the maximum size criteria. Replacement wireless communications towers shall be submitted for a site plan review in accordance with Article VII and receive a recommendation from the Planning Commission.
15.
Calculation of height limits for new wireless communications
towers shall be measured from the lowest finished grade elevation
at the base to the highest point of the tower to include the tower
and all antennas, lightning rods and miscellaneous appurtenances.
The lowest finished grade elevation may not be changed from the preexisting
natural topography without prior approval from the Planning Director.
16.
The applicant for a new wireless communications tower outside
of a wireless communication priority placement area shall provide
documentation with the site plan application proving that existing
wireless communications towers and other existing structures over
50 feet in height within a one-mile radius of the proposed location
and structures 100 feet or higher from a one-mile to two-mile radius
of the proposed location are not viable collocation opportunities.
17.
Extension of wireless communications towers above the initial
approved height shall require a special exception amendment if the
original tower was 100 feet or higher.
18.
Extension of wireless communications towers to 100 feet or higher
after initial construction of a tower less than 100 feet shall require
a special exception.
19.
Extension of wireless communications towers to 75 feet, but still less than 100 feet, after initial construction of a tower less than 75 feet shall require a site plan review in accordance with Article VII and receive a recommendation from the Planning Commission.
20.
All wireless communications tower owners must comply with all
federal, state or local laws or regulations, as amended, concerning
electromagnetic radiation and other electronic emissions applicable
to the facility within 120 days of the effective date of the regulations.
C.
General application requirements. All applications shall provide
the following information:
1.
The name, address and telephone number of the corporate headquarters
and local office, and current contact information for each office.
2.
Proof of ownership of the proposed wireless communications tower
site or proof of contract or license with the owner of the site and
the right to construct and operate the proposed tower.
3.
A copy of FCC license application or license number, date of issuance,
and type of license (cellular, PCS, etc.) if applicable.
4.
A master report plan of applicant's current proposed communication
network, including an illustrative wireless communications map detailing
existing and proposed wireless coverage, antenna sites and collocation
sites.
5.
The current zoning of the proposed wireless communications tower
site.
6.
The maximum proposed wireless communications tower height.
7.
The maximum proposed height of the antenna in feet above ground level
(AGL).
8.
The wireless communications tower design.
9.
The number of potential collocation sites on the proposed wireless
communications tower.
10.
The name, address, and telephone number of the responsible entity
for removal of the wireless communications tower if the tower's use
is discontinued for 12 or more continuous months.
11.
Wireless communications towers proposed outside of a wireless
communication priority placement area shall provide an analysis of
the nearest priority placement area and a detailed narrative as to
why sites within this area are unsuitable, with the site plan application.
12.
Proof that the site will not interfere with the County's Emergency
Management Communication System. The applicant shall contact the Director
of Emergency Management, and obtain written comments from the Director,
prior to site plan application submittal for any new tower.
13.
Site plan applications for a new wireless communications tower
75 feet or greater shall include copies of comments received from
the Talbot County Historic Preservation Commission, the State Historic
Preservation Office, the Federal Aviation Administration, the Maryland
Aviation Administration, the Easton Airport, and the Medivac Unit
of the State Police, and any other agency required to be notified
by federal or state law. The applicant shall also contact the Maryland
Department of the Environment and the U.S. Army Corps of Engineers,
as applicable to the site. A site plan application shall not be accepted
as complete until each of these agencies has either commented or confirmed
it has no comment on the application. The applicant shall forward
all comments received from these agencies to the Department of Planning
and Zoning for consideration with the site plan application. At the
applicant's request, the application shall be submitted to the Planning
Commission to decide whether the application is complete or incomplete.
If an incomplete application is not completed within 30 days after
written notice from the Planning Office, the matter shall be submitted
to the Planning Commission for a decision on the merits of the application.
However, if the applicant stipulates in writing that the application
is not complete, the time for final action by the County on the application
shall be extended and shall not begin to run again until the application
is completed.
14.
A written statement that collocation sites on the tower shall
be made available for lease at fair market rates.
15.
Information on the type(s) of service (data or voice) to be
provided by operators locating on the tower.
16.
The time period before voice or data service will commence once
the tower is constructed.
D.
General collocation requirements. The following requirements apply
to all wireless communications collocation applications:
1.
Collocation is permitted in all zoning districts if the antennas
are mounted on an existing structure, and the at-grade mechanical
equipment meets all applicable zoning requirements.
2.
The applicant shall obtain a building permit for collocation on an existing wireless communications tower. Prior to building permit application, collocation on structures other than existing wireless communications towers located in all zoning districts shall require a site plan review in accordance with Article VII, including a recommendation from the Planning Commission.
3.
As a condition of permitting and continued operation, collocation
space on wireless communications towers constructed after January
26, 2002, shall be made available for lease at fair market rates.
4.
All building permits shall contain a provision granting Talbot County
the right of first refusal to lease or purchase tower space for installation
of public telecommunications and data transmission equipment or antennas
at negotiated fair market rates.
E.
Specific tower requirements (towers less than 75 feet high). The
following requirements are applicable to all wireless communications
towers less than 75 feet high:
1.
All general requirements in Subsection B of this section.
2.
All general application requirements in Subsection C of this section.
3.
All applicable general collocation requirements in Subsection D of
this section.
4.
The new construction shall be designed to support a minimum of one
FCC-licensed operator.
5.
The applicant shall provide a project location map and narrative
description of the proposed wireless communications tower site.
6.
New construction of towers less than 75 feet is permitted in all
zoning districts except Rural Residential (RR), Town Conservation
(TC) Town Residential (TR) and Village Residential (VR) if the individual
antennas meet the size criteria stated in the general requirements
section and all at-grade mechanical equipment meets all applicable
zoning requirements.
7.
Applications meeting the above criteria require a minor site plan in accordance with Article VII and a building permit.
8.
When considering approval or denial of the minor site plan for a
wireless communications tower, the Planning Director shall place greater
emphasis on the impact of a proposed tower site on the surrounding
community when it is located outside of a wireless communication priority
placement area.
F.
Specific tower requirements (towers from 75 feet to less than 100
feet high). The following requirements are applicable to all wireless
communications towers from 75 feet to less than 100 feet high:
1.
All general requirements in Subsection B of this section.
2.
All general application requirements in Subsection C of this section.
3.
All applicable general collocation requirements in Subsection D of
this section.
4.
The new tower construction shall be designed to support a minimum
of two FCC-licensed operators.
5.
Construction is allowed in all zoning districts except Rural Residential
(RR), Town Conservation (TC), Town Residential (TR) and Village Residential
(VR) if the individual antennas meet the size criteria stated in the
general requirements section and all at-grade mechanical equipment
meets all applicable zoning requirements.
6.
Applications meeting the above criteria require major site plan review in accordance with Article VII and a building permit.
7.
When considering approval or denial of the major site plan for a
wireless communications tower, the Planning Commission shall place
greater emphasis on the impact of a proposed tower site on the surrounding
community when it is located outside of a wireless communication priority
placement area.
8.
Prior to acceptance of the application in accordance with § 190-54.2, the applicant shall:
a.
Notify all adjoining property owners by mail of the wireless
communications tower proposal, including neighbors across water bodies
that are within 1,000 feet of the property containing the tower site.
b.
Erect a sign on the proposed site notifying the public of the
applicant's intent to construct a wireless communications tower. Said
sign design and size shall be approved by the Planning Director.
c.
Provide public notice in the local newspaper of the applicant's
request for the new proposed wireless communications tower, identifying
location, type, height, etc. at the applicant's expense. The newspaper
notice shall include a map showing the proposed tower location, and
be approved by the Planning Director.
9.
A project location map and narrative description of the proposed
wireless communications tower site documenting the area of potential
effect, including but not limited to residential properties, public
rights-of-way, historical sites, parks, conservation areas, and other
significant existing structures, shall be provided.
10.
At the time of site plan application, the applicant shall submit
copies of the antenna propagation analysis or drive test studies used
for analysis, and type of coverage (i.e., single or system), including
a coverage and interference analysis.
11.
If located outside of a wireless communication priority placement
area, the applicant shall provide a coverage/interference analysis
and capacity analysis with the site plan application which demonstrates
that the location of the antenna as proposed is necessary to meet
the frequency reuse and spacing needs of the wireless communications
facility and to provide adequate coverage and capacity to areas that
cannot be adequately served by locating the antenna at an alternative
site. At the applicant's expense, the site plan application for a
new wireless communications tower shall include a report prepared
by an independent engineer stating:
a.
It is technically impossible to provide a reasonable level of
service by collocating wireless communications antennas on existing
structures and that existing wireless communications towers are not
adequate to meet the coverage needs for any proposed wireless communications
tower if located outside of a wireless communication priority placement
area, and providing sufficient factual detail to support those conclusions.
b.
The proposed wireless communications tower and attached antenna
does not exceed the minimum height necessary to accomplish the purpose
for which it is constructed and in no case shall exceed 200 feet.
c.
Frequency of transmission of all proposed antennas on the wireless
communications tower.
d.
Power and size of proposed antennas in effective radiated power
(ERP).
e.
Azimuth of antennas.
f.
Down-tilt of antennas.
g.
Calculations utilized to justify design requirements (i.e.,
engineering trade-off analysis between height, ERP, antenna performance
and coverage area).
h.
The wireless communications tower has sufficient structural
integrity for its current and future use, including multiple collocation
antennas, and that the tower facility complies with all American National
Standards Institute (ANSI) standards. Factors to be stated are the
maximum wind load and snow/ice load calculations.
12.
The Planning Commission may require a review of the applicant's
engineer's report by an independent consultant of its choosing, the
cost of the review to be borne by the applicant.
G.
Specific tower requirements (towers 100 feet high or higher). The
following requirements are applicable to all wireless communications
towers 100 feet high or higher:
1.
All general requirements in Subsection B of this section.
2.
All general application requirements in Subsection C of this section.
3.
All applicable general collocation requirements in Subsection D of
this section.
4.
All wireless communications tower applications for towers 100 feet
or higher shall require a special exception in accordance with § 190-56.2.C.
When considering approval or denial of a special exception application,
the Board of Appeals shall place greater emphasis on the impact of
a proposed tower site on the surrounding community when it is located
outside of a wireless communication priority placement area or within
a three-mile radius of an existing wireless communications tower that
is greater than 75 feet in height.
5.
Applications meeting the above criteria require major site plan review in accordance with Article VII and a building permit.
6.
The applicant must obtain major site plan approval prior to the special
exception hearing with the Board of Appeals.
7.
The new construction of a tower from 100 feet to less than 150 feet
shall be designed to support a minimum of three FCC-licensed operators.
8.
The new construction of a tower from 150 feet to less than 180 feet
shall be designed to support a minimum of five FCC-licensed operators.
9.
The new construction of a tower from 180 feet to 200 feet shall be
designed to support a minimum of six FCC-licensed operators.
10.
Allowed by special exception in all zoning districts except
Rural Residential (RR), Town Conservation (TC), Town Residential (TR),
Village Residential (VR), Village Hamlet (VH), and Village Mixed (VM)
if the individual antennas meet the size criteria stated in the general
requirements section and at-grade mechanical equipment meets applicable
zoning requirements.
11.
Prior to acceptance of the application in accordance with § 190-54.2, the applicant shall:
a.
Notify all adjoining property owners by mail of the wireless
communications tower proposal, including neighbors across water bodies
that are within 1,000 feet of the property containing the tower site.
b.
Erect a sign on the proposed site notifying the public of the
applicant's intent to construct a wireless communications tower. Said
sign design and size shall be approved by the Planning Director.
c.
Provide public notice in the local newspaper of the applicant's
request for the new proposed wireless communications tower, identifying
location, type, height, etc., at the applicant's expense. The newspaper
notice shall include a map showing the proposed tower location, and
be approved by the Planning Director.
12.
The applicant shall conduct a community meeting open to the
public to discuss the proposed site plan application for any wireless
communications tower. The applicant shall conduct the community meeting
at least one week prior to the Planning Commission meeting at which
the tower site plan application is scheduled to be reviewed. The meeting
shall be held at the applicant's expense and staffing. County staff
is not required to attend the community meeting.
13.
Prior to the Planning Commission meeting for site plan review,
the applicant shall perform a highly visible balloon test lasting
a minimum of 30 minutes. The date, location, and beginning and ending
time of the test shall be published in a local newspaper at least
one week prior to the test. The Planning Director shall approve the
newspaper notice. The results of the balloon test shall be incorporated
into a computerized simulation submitted to the Department of Planning
and Zoning 10 days prior to the Planning Commission meeting. The computerized
simulation shall illustrate the wireless communications tower at the
proposed height, antenna arrangements, maximum number of collocation
antennas, and the color scheme of the entire structure, including
accessory structures.
14.
A project location map and narrative description of the proposed
wireless communications tower site documenting the area of potential
effect, including but not limited to residential properties, public
rights-of-way, historical sites, parks, conservation areas and other
significant existing structures, shall be provided.
15.
At the time of site plan application, the applicant shall submit
copies of the antenna propagation analysis or drive test studies used
for analysis, and type of coverage (i.e., single or system), including
a coverage and interference analysis.
16.
If located outside of a wireless communication priority placement
area, the applicant shall provide a coverage/interference analysis
and capacity analysis with the site plan application that demonstrates
that the location of the antenna as proposed is necessary to meet
the frequency reuse and spacing needs of the wireless communications
facility and to provide adequate coverage and capacity to areas which
cannot be adequately served by locating the antenna at an alternative
site.
17.
At the applicant's expense, the site plan application for a
new wireless communications tower shall be accompanied by a report
prepared by an independent engineer stating:
a.
It is technically impossible to provide a reasonable level of
service by collocating wireless communications antennas on existing
structures and that existing wireless communications towers are not
adequate to meet the coverage needs for any proposed wireless communications
tower, if located outside of a wireless communication priority placement
area, and provide sufficient factual detail to support those conclusions.
b.
The proposed wireless communications tower and attached antenna
does not exceed the minimum height necessary to accomplish the purpose
for which it is constructed and in no case shall exceed 200 feet.
c.
Frequency of transmission of all proposed antennas on the wireless
communications tower.
d.
Power and size of proposed antennas in effective radiated power
(ERP).
e.
Azimuth of antennas.
f.
Down-tilt of antennas.
g.
Calculations utilized to justify design requirements (i.e.,
engineering trade-off analysis between height, ERP, antenna performance
and coverage area).
h.
The wireless communications tower has sufficient structural
integrity for its current and future use, including multiple collocation
antennas, and that the tower facility complies with all American National
Standards Institute (ANSI) standards. Factors to be stated are the
maximum wind load and snow/ice load calculations.
18.
The Board of Appeals may require a review of the applicant's
engineer's report by an independent consultant of its choosing, the
cost of the review to be borne by the applicant.
32.4
Solar energy systems.
A.
General requirements. The following apply to all solar energy systems
(SES)
1.
Procedures for approval.
a.
Small-scale SES require a building permit and a planting plan
for screening.
b.
Medium-scale SES require a major site plan, building permit,
and a landscaping and screening plan.
c.
Large-scale SES require a special exception, major site plan,
building permit, a landscaping and screening plan, Reservation of
Development Rights Agreement(s), and/or mitigation as set forth in
Subsection D below.
[Amended 10-11-2022 by Bill No. 1524]
d.
Other site specific approvals, such as nontidal wetland permits,
forest conservation plans, forest preservation plans, and habitat
protection plans, are also required.
e.
The removal of topsoil on agricultural land shall be minimized
to the maximum extent practicable, and all topsoil shall remain on
site unless otherwise addressed in a decommissioning plan as set forth
in Subsection C below.
[Added 10-11-2022 by Bill No. 1524]
2.
Siting requirements:
a.
Rooftop solar systems or projects above existing lot coverage
are preferable.
b.
Height:
i.
Rooftop solar systems shall not extend more than 10 feet above
the surface of the roof. The total height of the building or structure,
including the solar collection devices, shall comply with the height
regulations established in this chapter.
ii.
Ground-mounted solar systems shall not exceed 16 feet in height.
iii.
Ground-mounted solar systems that function as a roof above a
parking area shall be subject to applicable accessory structure height
limits.
c.
SES shall be sited to maximize on-site agricultural opportunities
on remaining agricultural lands to the greatest extent possible. SES
shall be sited to preserve existing viewsheds along scenic byways
to the greatest extent possible.
d.
SES in residential districts shall be located in a side or rear
yard to the extent practicable.
e.
Projects that result in significant loss of prime agricultural
land or undue impacts to forests, wetlands, habitat protection areas,
other natural resources, or environmentally sensitive areas are strongly
discouraged and shall be redesigned to avoid or minimize impacts to
the maximum extent practicable.
4.
Lighting.
a.
If lighting is required it shall be activated by motion sensors
and shall be fully shielded and downcast to prevent the light from
shining onto adjacent parcels or into the night sky.
5.
Site maintenance.
6.
Lot coverage.
a.
SES above pervious surfaces within the Critical Area are subject
to lot coverage requirements and stormwater regulations.
b.
Except for gravel driplines and other impervious surfaces, SES
outside the Critical Area are exempt from lot coverage requirements
but are not exempt from stormwater regulations.
B.
Small-scale SES. The following requirements apply to small-scale
SES.
C.
Medium-and large-scale SES. The following requirements apply to medium-
and large-scale SES:
1.
Size limitation.
a.
The combined additional aggregate acreage in the agricultural
and resource zoning districts (AC, WRC, RC, CP) utilized throughout
the County by medium- and large-scale SES shall not exceed 0.5% of
the total land area in the AC, WRC, RC, and CP Zones, or not more
than 726 new acres after February 11, 2017.
2.
Setbacks.
a.
Setbacks shall be 150 feet from all property lines and edges
of rights-of-way. Setbacks may be reduced to minimum setbacks in the
base zoning district or any applicable overlay district, whichever
is greater, with written consent from the affected adjacent property
owner.
b.
Setbacks shall not be less than required in the base zoning
district or overlay, whichever is greater, without a variance.
3.
Screening.
a.
The applicant shall submit a landscaping and screening plan,
prepared by a licensed professional, along with the major site plan
application, to provide vegetative screening from adjoining lands
and road rights-of-way and road easements. The plan shall identify
existing vegetation, including species, size, and the location of
all proposed plant materials to be used for buffering and screening
of the SES. Screening shall include a minimum of two staggered rows
of evergreen screen trees, interspersed with shrubs and low-lying
native vegetation, or an equivalent approved by the SES approving
authority. The evergreen trees shall be a minimum of six feet in height
when planted, or an equivalent combination of tree and berm height.
The plant species shall be only those noted within the approved Talbot
County plant species list for screening and landscaping, unless authorized
to substitute on an approved planting plan. Existing vegetation within
or near a required planting area that meets or exceeds these standards
may be used to satisfy screening requirements. All required screening
shall be maintained in a live, healthy condition for the duration
of the SES and shall be replaced by the owner as necessary to maintain
all required screening to the satisfaction of the Planning Director.
4.
Fencing.
a.
The SES shall be enclosed by a fence or other appropriate barrier
to prevent unauthorized persons or vehicles from gaining access.
5.
Signage.
a.
A sign, not to exceed one square foot, shall be posted at each
entrance to the SES to identify the property owner, the SES owner,
their contact phone numbers and emergency contact information. Information
on the sign shall be kept current and the property and SES owners
shall provide all updated information to the Planning Director.
b.
Signage indicating "DANGER - HIGH VOLTAGE - KEEP OUT" shall
be posted along all SES exterior fencing or barriers.
c.
Placards shall be posted to identify the location of the AC
power supply emergency disconnects. All other signage required by
the electrical, building, or fire code shall be posted as required.
d.
No other signage shall be permitted without approval from the
County.
e.
The site, fencing, or barriers shall not be used to display
any advertisements.
6.
Abandonment.
a.
SES that cease to produce electricity continuously for one year
shall be presumed abandoned. The property owner may overcome this
presumption by substantial evidence, satisfactory to the Planning
Director, that cessation of the use occurred from causes beyond the
owner's reasonable control, that there is no intent to abandon the
system, and that resumption of use of the existing system is reasonably
practicable.
b.
Following abandonment, the operator and landowner shall remove
all equipment and systems and restore the site as near as practicable
to its original condition. The obligation of the operator and owner
to remove the SES and restore the site shall be joint and several.
c.
Failure to comply with the requirements of this section shall
authorize, but not require, the County to remove the SES and restore
the site in accordance with the approved decommissioning plan.
7.
Public notice. Prior to filing an application for a site plan for
medium- or large-scale SES or special exception for large-scale SES,
an applicant shall:
a.
Erect a sign on the proposed site notifying the public of the
applicant's intent to construct a medium- or large-scale SES. The
sign design and size shall be approved by the Planning Director.
[Amended 10-11-2022 by Bill No. 1524]
b.
Publish in the local newspaper, at the applicant's expense,
public notice of the applicant's request for the proposed SES, identifying
the proposed location, type, height, setbacks, screening, etc. The
public notice shall include a map showing the proposed location of
the SES site, shall advise the public that a community meeting to
discuss the proposed site plan application shall be open to the public
and shall be held at least one week prior to the Planning Commission
meeting at which the SES site plan application will be heard. The
public notice shall be pre-approved by the Planning Director.
8.
Decommissioning. A decommissioning plan shall be required. The plan
shall include:
a.
The expiration date of the contract, lease, easement, or other
agreement for installation of the SES and a timeframe for removal
of the SES within one year following termination of the use.
b.
A requirement that the operator and property owner provide written
notice to the County whenever a SES is out of active production for
more than six months.
c.
Except as otherwise provided in Subsection C.8.j below, removal
of all above and underground equipment, structures, fencing and foundations.
All components shall be completely removed from the subject parcel
upon decommissioning to the maximum extent practicable, as determined
by the Planning Director.
[Amended 10-11-2022 by Bill No. 1524]
d.
Removal of substations, overhead poles, aboveground electric
lines located on-site or within a public right-of-way that are not
usable by any other public or private utility.
e.
Except as otherwise provided in Subsection C.8.j below, removal
of lot coverage and access roads associated with the SES.
[Amended 10-11-2022 by Bill No. 1524]
f.
Re-grading and, if required, placement of like-kind topsoil
after removal of all structures and equipment.
g.
Re-vegetation of disturbed areas with native seed mixes and
plant species suitable to the area or evidence of an approved nutrient
management plan.
h.
A recordable covenant executed by the property owner to reclaim
the site in accordance with the decommissioning plan and associated
approvals upon cessation of the use.
i.
A requirement for County inspection and approval of the decommissioning
and reclamation of the SES site.
j.
For
agricultural land, a plan for restoring the land to a condition suitable
for permitted uses following decommissioning and reclamation of the
SES site, which may include the retention of fencing and access roads
if requested by the property owner and approved by the Planning Director.
[Added 10-11-2022 by Bill No. 1524]
k.
The
responsible party(ies) and an estimated cost schedule with line items
for decommissioning, dismantling, and lawful disposal of all components.
The plan must address site conditions after decommissioning and require
recycling and reuse of materials, if possible.
[Added 10-11-2022 by Bill No. 1524]
9.
The
decommissioning plan and the estimated cost schedule provided for
in Subsection C.8.k above shall be updated and resubmitted to the
Planning Director for review and approval every five years.
[Added 10-11-2022 by Bill No. 1524[1]]
[1]
Editor's Note This bill also redesignated former Subsection
C.9 as Subsection C.10.
10.
Financial assurance. The operator or property owner of a medium-
or large-scale SES shall provide a bond, surety, letter of credit,
lien instrument, funds to be held in escrow, or other financial assurance
in a form and amount acceptable to the County to secure payment of
125% of the anticipated cost of removal of all equipment, structures,
fencing, above or below ground level, and any accessory structures,
and restoration of the site in accordance with the requirements of
this section if use of the SES is discontinued continuously for one
year. The financial assurance shall be provided prior to issuance
of a building permit and shall be renewed so as to remain in full
force and effect while the SES remains in place. The financial assurance
shall require the obligor and the owner to provide at least 90 days'
prior written notice to the County of its expiration or nonrenewal.
The Planning Director may adjust the form and amount of the financial
assurance as reasonably necessary from time to time to insure the
same is adequate to cover the cost of decommissioning, removal and
restoration of the site.
[Amended 10-11-2022 by Bill No. 1524]
D.
Large-scale SES. The following requirements apply to large-scale
SES:
1.
Location.
[Amended 10-11-2022 by Bill No. 1524]
a.
Large-scale
SES are prohibited in the RC Zoning District.
b.
A
parcel of agricultural land upon which a large-scale SES designed
to produce more than two megawatts (2 MW) of power is proposed to
be sited shall be evaluated on the Talbot County Maryland Agricultural
Land Preservation Foundation ("MALPF") evaluation criteria. The Stewardship
Practices in Section B.3 thereof shall be excluded from the final
score. If the parcel's final score exceeds 240, the large-scale SES
shall not be sited on the parcel, notwithstanding any other provision
of this chapter to the contrary. This Subsection D.1.b shall not apply
to any large-scale SES that was granted a special exception by the
Board of Appeals or had an active PJM New Services Queue number assigned
prior to October 11, 2022, and that does not exceed 375 acres enclosed
by a fence or developed with photovoltaic panels.
2.
Mitigation.
a.
Large-scale SES shall provide mitigation as follows:
[Amended 10-11-2022 by Bill No. 1524]
i.
Any large-scale SES, or portion thereof, proposed to be sited on
agricultural land shall provide mitigation through an offset payment.
The amount of the offset shall be determined by multiplying the amount
of acres taken out of agricultural use by a per-acre fee. The per-acre
fee shall be equivalent to the average of the accepted Round One offers
for agricultural land preservation easement acquisitions in the County
by the MALPF for the most recent funding cycle in which such Round
One offers were accepted preceding the date on which the preapplication
for SES approval is filed with the County. All offset payments shall
be applied toward the County's contribution to the MALPF Matching
Funds Program, which shall be used to purchase agricultural land easements
in the County. The offset payment shall be paid to the County prior
to the issuance of the SES building permit.
ii.
Any large-scale SES, or portion thereof, proposed to be sited on
land other than agricultural land shall provide mitigation through
a Reservation of Development Rights Agreement approved by the County
and recorded among the land records of Talbot County, reserving development
rights on an equivalent area of land in the AC, WRC, RC or CP Zoning
District.
b.
The required mitigation through the Reservation of Development
Rights Agreement shall remain in place and shall be extended as necessary
until the SES is abandoned or discontinued, the decommissioning plan
has been implemented, the work inspected and approved by the County
and applicable portions of the project area have been converted back
to active agricultural production.
c.
Upon termination of the original lease term and any extensions,
if the SES is to remain active, mitigation shall be provided pursuant
to requirements in effect at that time.
3.
Development rights.
a.
An approved SES not subject to Subsection D.2.a.i above shall
utilize development rights equal to the number of rights attributable
to the project area with a minimum reservation of one development
right. The property owner shall set aside the requisite number of
development rights by a Reservation of Development Rights Agreement
approved by the County and recorded among the land records of Talbot
County. The Agreement shall restrict development and density rights
on the balance of the property to the extent the SES has used those
rights for the SES until the SES has been removed, the decommissioning
plan has been implemented and the site has been inspected and approved
by the County. The number of rights placed under reservation shall
be calculated using the base density multiplied by the total area
of land encumbered by the SES and all its appurtenances.
[Amended 10-11-2022 by Bill No. 1524]
b.
Provided a minimum of six acres is unencumbered by the SES,
the three additional development rights permitted in the AC, CP, WRC,
and TC Zoning Districts shall be excluded from the required reservation
of development rights. The remaining land unencumbered by the SES
and the Reservation of Development Rights Agreement may be developed
in accordance with the cluster requirements as defined in this chapter.
c.
Lots, parcels, or parts thereof are ineligible for large-scale
SES if the development rights have already been preserved, conserved,
reserved or otherwise allocated for the area of land to be utilized
for the SES.
4.
Public notice.
a.
Prior to filing an application for a site plan or special exception,
an applicant shall mail written notice of the SES proposal to all
adjoining property owners, including property owners across water
bodies that are within 1,000 feet of the property proposed for the
SES site.
b.
At least one week prior to the Planning Commission meeting at
which the SES site plan application is scheduled to be reviewed, the
applicant shall conduct a community meeting open to the public to
discuss the proposed site plan application. The applicant shall conduct
the community meeting. The meeting shall be held at the applicant's
expense and staffing. County staff is not required to attend the community
meeting.
32.6
Utility structures: excludes essential utility services.
32.7
Wind turbine towers.
A.
Small wind turbine uses. The following are specific requirements
for small wind turbine systems and small wind turbine production facilities.
1.
Small wind turbine systems:
a.
Must comply with all general requirements listed in Subsection
B below.
b.
Are limited to a minimum lot size of five acres. This is not
applicable to small wind turbine towers and windmills with a total
height of 40 feet or less.
c.
Are limited to a maximum of one small wind turbine tower on
parcels 20 acres or less.
d.
Are limited to a maximum of two small wind turbine towers on
parcels greater than 20 acres.
e.
Shall be limited to single-site consumption.
f.
Sound levels shall not exceed dBA levels specified in the noise
standards of the Talbot County Code.
g.
Shall not exceed a cumulative metering rate of 100 kilowatts
on a single site.
h.
Include windmills limited to a total height of less than 75
feet.
2.
Small wind turbine production facilities:
a.
Must comply with all general requirements listed in Subsection
B below.
b.
Are limited to a minimum lot size of 10 acres.
c.
Shall provide an engineering report stating the proposed small
wind turbine tower does not exceed the minimum height necessary to
accomplish the purpose for which it is constructed.
d.
Shall be limited to off-site or a combination of both off-site
and single-site consumption.
e.
Sound levels shall not exceed dBA levels specified in the noise
standards of the Talbot County Code.
f.
May have cumulative metering rates that exceed 100 kilowatts.
B.
General requirements. All small wind turbine systems and small wind
turbine production facilities shall be subject to the following general
requirements:
1.
All small wind turbine systems with a total height of 75 feet or
higher shall be subject to a major site plan review.
2.
All small wind turbine production facilities shall be subject to
a major site plan review.
3.
Prior to the Planning Commission meeting for a small wind turbine
production facility, the applicant shall perform a highly visible
balloon test lasting a minimum of 30 minutes. The date, location,
and beginning and ending time of the test shall be published in a
local newspaper at least one week prior to the test. The Planning
Director shall approve the newspaper notice. The results of the balloon
test shall be incorporated into a computerized simulation submitted
to the Department of Planning and Zoning 10 days prior to the Planning
Commission meeting. The computerized simulation shall illustrate the
small wind turbine tower at the proposed height and color scheme.
4.
All small wind turbine towers shall comply with all guidelines and
procedures provided by the Talbot County Office of Permits and Inspections.
5.
The ground base of any small wind turbine tower shall be set back
from any property lines, road rights-of-way and overhead utility lines
a distance that is the total height of the small wind turbine tower
plus 10 feet. Notwithstanding any other section of this chapter, this
limitation shall not be subject to modification by either a special
exception or variance.
6.
The blade tip of a small wind turbine tower, at its lowest point,
shall be a minimum 30 feet above any obstruction within 300 feet.
This is not applicable to vertical-axis wind turbines (VAWT) and windmills.
7.
Small wind turbine towers shall be located a minimum distance of
30 feet from any other structure on the same lot or parcel. This is
not applicable to vertical-axis wind turbines (VAWT) and windmills.
8.
The distance between small wind turbine towers shall be a minimum
of 10 times the length of the blade or foil.
9.
The total height of a small wind turbine tower shall be no higher
than necessary to access adequate winds but in no case shall exceed
160 feet. The total height is measured from the lowest finished grade
elevation at the base to the uppermost tip of the blade. The lowest
finished grade elevation may not be changed from the preexisting natural
topography without an approval from the County. Notwithstanding any
other section of this chapter, this limitation shall not be subject
to modification by either a special exception or variance.
10.
The blade tip of any small wind turbine tower shall, at its
lowest point, have ground clearance of no less than 25 feet, as measured
at the lowest point of the arc of the blades from the lowest finished
grade elevation at the base. The lowest finished grade elevation may
not be changed from the preexisting natural topography without an
approval from the County. This is not applicable to vertical-axis
wind turbines (VAWT).
11.
The blade tip or foil of any vertical-axis wind turbine (VAWT)
shall, at its lowest point, have ground clearance of no less than
12 feet, as measured at the lowest point of the arc of the blades
from the lowest finished grade elevation at the base. The lowest finished
grade elevation may not be changed from the preexisting natural topography
without an approval from the County.
12.
The building permit or major site plan application shall be
accompanied by a letter from a local utility company acknowledging
the applicants intend to install a small wind turbine tower. This
is not applicable to windmills.
13.
All electrical wires associated with a small wind turbine tower,
other than wires necessary to connect the wind generator to the wind
tower wiring, the wind tower wiring to the disconnect junction box,
and the grounding wires, shall be located underground.
14.
The small wind turbine tower shall be designed to minimize environmental
impact.
15.
The small wind turbine tower shall not be used for the displaying
of any advertisements.
16.
Warning signs and signs identifying the manufacturer, installer,
or owner of the small wind turbine tower shall be attached to the
tower, not to exceed one square foot in size. No other signage shall
be permitted without approval from the County.
17.
The small wind turbine tower shall be a self-supporting monopole
or lattice structure.
19.
The small wind turbine tower shall not be lit unless required
by federal or state regulations. If lighting is required, the least-intensive
approved lighting shall be used.
20.
The small wind turbine rated capacity shall be calculated using
the current Maryland Energy Administration (MEA) standard.
21.
The small wind turbine tower shall be designed so as to prohibit
step bolts or a ladder readily accessible to the public for a minimum
height of 12 feet above the lowest finished grade elevation at the
base. The lowest finished grade elevation may not be changed from
the preexisting natural topography without an approval from the County.
This is not applicable to vertical-axis wind turbines (VAWT).
22.
Pursuant to any request for code compliance regarding an abandoned
or inoperable wind turbine tower, the burden of proof indicating current
wind energy production shall be upon the owner of the land. A determination
made by the County regarding wind turbine inoperability or abandonment
may be appealed to the Talbot County Board of Appeals.
23.
Any small wind turbine tower found to be abandoned or unsafe
by the County Engineer shall be repaired or removed by the landowner.
A small wind turbine tower that fails to operate, or is out of service
for a continuous twelve-month period, shall be deemed to be abandoned.
24.
A wind turbine tower shall be removed within 90 days of abandonment.
Failure to comply within the period of time specified above will result
in the complete removal of the abandoned wind turbine tower by Talbot
County. As provided by code, all costs associated with this action
incurred by Talbot County will be forwarded to the property owner
for payment. Should the property owner fail to make payment to Talbot
County within 30 days of turbine tower removal, the costs shall be
charged to the owner of such property on the next regular real estate
tax bill forwarded to such owner by the County, and said charges shall
become a lien on the property and be due and payable by said owner
at the time of payment of such bill.
25.
The small wind turbine tower must comply with all regulations
of the Federal Aviation Administration (FAA), if applicable, including
any necessary approvals for installations within the Airport Overlay
Zone.
32.9
Wastewater treatment plant. A wastewater treatment plant in the RC
District may only serve other properties in the RC District. It may
not serve areas outside the Critical Area or areas within the Critical
Area in the LDA or IDA land management areas.
32.10
Water treatment and storage facilities. A wastewater treatment
plant in the RC District may only serve other properties in the RC
District. It may not serve areas outside the Critical Area or areas
within the Critical Area in the LDA or IDA land management areas.
33.1
Accessory uses, general requirements.
A.
Principal use or structure required. Except as allowed by this section,
an accessory use or structure may be established only if a principal
use or primary structure exists on the lot or parcel; or if construction
of the primary structure has begun to the point of putting in place
footings and foundation members and is diligently pursued.
B.
On lots without a principal use or structure.
1.
An accessory storage structure may be approved as a special exception on a lot without a principal use or structure, as listed in the Table of Land Uses (Table IV-1) and § 190-33.24 below under "Storage building prior to construction of a primary structure."
2.
An accessory storage structure is also permitted as a temporary use
during construction, as provided in § 190-34.2.A, "Accessory
building prior to construction of a primary structure."
3.
If a proposed subdivision would create a lot with an existing private
pier but no principal use or primary structure, the pier may be retained
subject to approval of a waiver. The waiver must be approved by the
approving authority for the plat prior to or at the time of subdivision
plan approval.
4.
An accessory residential private pier may be approved as a special
exception on a lot without a principal residential structure, provided
that:
[Added 2-9-2021 by Bill
No. 1468]
a.
The
two noncontiguous lands are in common ownership, described in a single
deed as of August 13, 1989, and divided by a road only; and
b.
The
riparian lot is a legally existing nonconforming lot that does not
meet current lot size or width requirements; and
c.
The
nonriparian lot shall contain a principal dwelling; and
d.
The
property otherwise meets the requirements for a private pier as provided
in § 31.2; and
e.
Until
the pier is removed or the riparian parcel becomes a legal conforming
lot, the lots shall remain in common ownership and shall be considered
merged for zoning purpose for construction of the accessory residential
pier only.
C.
Accessory land uses in Table IV-1. Certain specific accessory uses
are listed in Table IV-1. Requirements for these uses are listed below.
33.2
Agriculture uses and structures, accessory.
A.
Includes farm buildings, barns, dairy barns, cribs, sheds, stables,
tool rooms, workshops, farm-related offices, tanks, silos; open or
enclosed storage of farm materials, products, equipment or vehicles;
petroleum storage, not for resale, subject to County, state, and federal
regulations; and grain flow and field blending and packaging including
milling, drying and storing.
B.
Minimum setback for structures for animal manure, composting and
similar purposes: 200 feet.
C.
Minimum setback for stables and dairy barns: 100 feet.
33.3
Bed-and-breakfast.
A.
A use certificate is required.
B.
The use certificate shall be renewed annually. Renewal may require
a site inspection.
C.
In the Chesapeake Bay Critical Area, a bed-and-breakfast shall only
be permitted in a primary dwelling existing as of August 13, 1989.
Enlargement of the primary dwelling may not exceed 50% of the gross
floor area which existed as of August 13, 1989.
D.
Minimum lot size in an RC (Rural Conservation) or RR (Rural Residential)
Zoning District: two acres.
E.
Bed-and-breakfast uses shall be a minimum of 500 feet apart. For
purposes of this subsection, the measurement shall not be taken over
navigable water and shall be taken between structures used for the
bed-and-breakfast use and not between property lines.
F.
A bed-and-breakfast enterprise shall have no more than six guest
bedrooms, accommodating no more than 12 guests at any one time. No
paying guest shall stay on any one visit for more than 30 days.
G.
Guest rooms shall have no primary outside entrance.
H.
Guest parking shall be provided in a side or rear yard.
I.
Meal service is limited to one daily meal between 4:00 a.m. and 11:00
a.m. per paying overnight guest. Meal service is subject to State
Health Department approval of food preparation areas.
J.
Bed-and-breakfast accommodations shall be operated by the property
owner who must occupy the residence. Any new owner of a residence
in which a bed-and-breakfast is operated must apply for a new use
certificate.
K.
Bed-and-breakfast enterprises shall pay the Talbot County accommodations
tax for each guest bedroom. Should such accommodation tax not be paid
for a two-year period, the use certificate will be revoked.
L.
A bed-and-breakfast may be used for weddings, receptions and similar
events, provided that:
1.
All areas used for such events shall be at least 500 feet from a
primary residential structure on a neighboring property;
2.
Each event shall be limited to no more than 100 guests;
3.
No outdoor music shall be permitted before 9:00 a.m. or after 10:00
p.m.;
4.
Such events shall take place on no more than six days per calendar
year; and
5.
The operator of the bed-and-breakfast must apply for a use certificate
at least 30 days prior to the event.
M.
In the RC District rental of nonmotorized water craft may be permitted
as a special exception, accessory to the bed-and-breakfast use, subject
to the following:
33.4
Bridges, private, which cross tidal waters.
33.5
Cottage industry. See also home occupation.
A.
Uses appropriate as cottage industries. The following list indicates
uses that would be appropriate as cottage industries.
1.
Craftsman (cabinetmaker, furniture maker, saddler, gunsmith etc.).
2.
Property maintenance and landscape contractors.
3.
Farm equipment services and repairs.
4.
Firewood harvesting and sales.
5.
Home improvement contractors (plumber, heating/air-conditioning technician,
carpenter, mason, electrician, roofer, glazier, painter, etc.).
6.
Septic, sewer or drain service.
7.
Vehicle and boat repair, detailing or painting conducted exclusively
inside an accessory structure.
8.
Wholesale seafood distribution without operation of truck refrigeration
units on the property.
B.
Standards for cottage industries.
1.
Minimum lot size: five acres.
2.
The cottage industry shall not occupy more than 3,000 square feet
in a single accessory structure or in a combination of accessory structures,
unless minimum lot size exceeds 10 acres in size, in which case the
accessory structure(s) may occupy up to but not more than 5,000 square
feet.
3.
No more than one cottage industry per residence or lot is permitted.
The use shall be incidental and secondary to the use of the residential
dwelling.
5.
A use certificate is required for continued operation of all cottage
industries. Cottage industry use certificates shall be renewed every
two years. The County shall conduct a site inspection to ensure compliance
with the terms and conditions of the original approval, including
any amendments, as a condition of renewal.
6.
The property used for the cottage industry shall contain the primary
residence of the proprietor.
7.
If the proprietor is not the property owner, evidence of permission
of the property owner to use the property for the cottage industry
must be provided to the Planning Director.
9.
The following requirements apply to outdoor areas used for equipment
or material storage, repair or work areas, and parking, loading or
circulation of trucks with a gross vehicle weight rating over 10,000
pounds. Such outdoor areas shall:
10.
Truck limits:
a.
No more than two trucks used for the cottage industry may be
based on the lot (parked during non-business hours), unless minimum
lot size exceeds 10 acres in size, in which case up to but not more
than five trucks are permitted.
b.
Unless located on a state roadway or County collector roadway,
as identified on the Functional Classification of Roads Map of the
County Comprehensive Plan, the cottage industry shall not generate
visits to the site by trucks with a gross vehicle weight rating over
16,000 pounds.
[Amended 7-9-2019 by Bill No. 1412]
c.
On any single day, no more than 10 truck trips may be generated
by the cottage industry (excluding employee's commuter vehicles arriving
at or leaving the site), with no more than four trips by trucks with
GVWR of 10,000 pounds or more.
[Amended 7-9-2019 by Bill No. 1412]
11.
Adequate, dust-free areas shall be provided for safe on-site
circulation and parking of vehicles related to the cottage industry.
12.
Any change, enlargement or alteration of a cottage industry
use, or of the structure and facility occupied by the use, shall require
site plan approval.
13.
New accessory structures for cottage industries:
a.
Proprietors who desire to construct a new accessory structure
for a cottage industry must own and reside on the property.
b.
Proprietors of a cottage industry operated on land owned by
an immediate family member may be allowed to construct a new accessory
structure.
c.
Proprietors who rent their primary residence on property that
contains the cottage industry must operate the cottage industry using
existing accessory structures only.
d.
New accessory structures shall be limited to a roof ridge height
of not greater than 25 feet.
14.
No more than five nonresident employees shall report to a cottage
industry site, unless minimum lot size exceeds 10 acres in size, in
which case up to but not more than seven employees are permitted.
15.
In the VR, VH or VM District employees shall not report prior
to 7:00 a.m. or leave after 9:00 p.m.
16.
No use shall require internal or external construction features
or the use of electrical, mechanical, or other equipment that would
change the fire rating of the structure or in any way increase the
fire danger to neighboring structures or residences.
17.
Cottage industries shall not conduct retail sales. In this section,
"retail sales" means providing goods directly to the customers where
such goods are displayed on site and are available for immediate purchase
and removal from the premises by the purchaser. "Retail sales" does
not include:
a.
Displaying goods on line or by catalogue where the customer
browses and completes the purchase remotely, such as on line, by phone,
or mail, and the purchased goods are then shipped to the customer;
b.
Maintaining a workshop or showroom displaying a limited selection
of custom-made goods; or
c.
Passing along to the customer the cost of new parts or components
needed to repair or modify an item.
18.
Cottage industries shall comply with all federal, state or local
regulations, including without limitation, obtaining all necessary
governmental approvals.
19.
Cottage industries on lots less than five acres and approved
prior to adoption of this chapter:
33.6
Dwelling, accessory.
A.
One accessory dwelling is permitted on the same lot as a single-family
detached dwelling unit.
B.
An accessory dwelling shall not be included in density calculations.
D.
Permitted use of accessory dwellings:
1.
The property owner may live on-site and rent one of the dwellings,
or may rent the entire property. The primary dwelling and accessory
dwelling shall not be rented to different tenants, and a tenant shall
not sublease one of the dwellings.
2.
The accessory dwelling may be used as a guest house or an employee
dwelling.
3.
An accessory dwelling in a detached accessory structures shall not
be used as or in conjunction with a bed-and-breakfast establishment.
E.
Standards for accessory dwellings within the primary dwelling:
F.
Standards for detached accessory dwellings:
1.
A detached accessory dwelling is permitted only on a lot of at least
one acre, if a private septic system is used, or on lots of at least
1/2 acre if served by a public sewer system.
2.
The accessory dwelling shall be generally compatible in design with
the primary dwelling.
3.
Double-wide manufactured dwellings are permitted subject to the standards for single-family detached dwellings (§ 190-27.1).
5.
For lots over five acres, the accessory dwelling shall be limited
to no more than 1,500 square feet of gross floor area, including porches
and decks.
6.
Subject to recordation of a nonconversion agreement, unconditioned
gross floor area within an accessory structure used solely for parking
of vehicles or limited storage of household or yard goods shall not
count toward the size limits of Subsection F.4 and 5 above.
G.
A single accessory dwelling is permitted in the RC District subject
to the following requirements.
1.
Maximum 900 square feet of gross floor area, including porch and
decks.
2.
The entire perimeter of the accessory dwelling must be located within
100 feet of the primary dwelling unit.
3.
Housing shall be served by the same sewage disposal system as the
primary dwelling unit.
4.
The additional dwelling unit, meeting the criteria of Subsections
A through C above, may not be subdivided or conveyed separately from
the primary dwelling unit.
5.
The County shall maintain records of all building permits issued
under this section for additional dwelling units considered part of
a primary dwelling unit and shall provide this information on a quarterly
basis to the Critical Area Commission.
H.
An accessory apartment that is detached or in a detached accessory
structure shall not be subdivided or sold separately from the primary
residence unless each lot meets current density standards and each
dwelling unit meets current bulk requirements. Subdivision shall not
create or result in a nonconforming lot or structure.
33.7
Dwelling, accessory to agricultural use.
A.
Manufactured or mobile homes. Manufactured or mobile homes accessory
to agricultural uses are permitted for full-time tenant labor or members
of the immediate family of the owner of the farm subject to the following
conditions:
1.
Required minimum acreage in active farm production: 50 acres.
2.
The manufactured or mobile home(s) shall be located in the immediate
vicinity of and be an integral part of the complex composed of other
major farm buildings and shall be located no more than 300 feet from
the complex.
3.
Minimum setbacks from property lines: 200 feet.
4.
Maximum number of homes without a special exception: two.
5.
Maximum number of homes with a special exception: four. An additional
50 acres of farm property in active production is required for each
additional home above two.
6.
The manufactured or mobile home shall not be rented, sold separately
or subdivided from the primary residence unless each lot meets current
density standards and each dwelling unit meets current design standards
from existing and proposed property lines. Subdivision shall not create
or result in a nonconforming lot or structure.
7.
The manufactured or mobile home shall be placed on a permanent foundation,
securely anchored, and provided with skirting of a suitable material.
B.
Farm tenant dwelling units other than manufactured or mobile homes.
The following non-manufactured/non-mobile-home dwellings for full-time
tenant labor shall be permitted:
1.
For a farm with more than 150 contiguous acres in active production,
one additional dwelling unit.
2.
For each additional 100 acres in excess of 150 acres, one additional
dwelling unit.
3.
A farm with the additional tenant dwelling units shall not exceed
the maximum density allowed under this chapter.
4.
A dwelling accessory to agricultural use shall not be rented, sold
separately, or subdivided from the primary residence unless each lot
meets current density standards and each dwelling unit meets current
design standards from existing and proposed property lines. Subdivision
shall not create or result in a nonconforming lot or structure.
33.8
Dwelling, accessory to commercial use.
A.
The commercial use must remain in operation.
B.
A single accessory dwelling may be located either within the commercial
structure or within an accessory structure.
C.
The property may contain two accessory dwelling units in addition
to the principal commercial use, provided at least one dwelling is
located within the commercial structure.
33.9
Dwelling, seasonal agricultural employee.
A.
Twenty-acre minimum lot size.
B.
Two-hundred-foot setback from property lines.
C.
Not more than 15 units, with six persons per unit.
D.
A seasonal agricultural employee dwelling shall not be rented, sold
separately, or subdivided from the primary residence unless each lot
meets current density standards and each dwelling unit meets current
design standards from existing and proposed property lines. Subdivision
shall not create or result in a nonconforming lot or structure.
33.10
Event venue, accessory to agriculture.
A.
For all event venues:
1.
The use must be located on a property that is and remains actively
farmed and is granted agricultural assessment value by the Maryland
Department of Assessments and Taxation.
2.
The use is permitted only partially outside of permanent structures
and partially inside of one or more permanent structures or entirely
inside of one or more permanent structures.
3.
To the maximum extent practicable, the event venue shall be confined
to the portion of the farm site that includes the majority of the
agricultural structures currently located on the parcel.
4.
A site plan is required. The site plan shall delineate any existing
agricultural structures that will support the event venue and shall
include areas at a minimum proposed for parking, access, and storage;
the location and height of outdoor lighting; the location of any stage,
structure or other location where music will be performed; and proposed
screening.
5.
The maximum number of guests and hours of operation shall be stated
on the site plan.
6.
New structures shall complement or enhance, rather than detract,
from the rural environment.
7.
The event venue location shall not displace any existing tree cover
or vegetation that serves as a buffer between adjoining properties.
8.
A Type D landscape yard shall be established between outdoor use
areas (guest areas, parking and storage) and adjoining residential
properties.
B.
The following shall apply for Board of Appeals review of the special
exception:
1.
The Board in its decision approving a special exception shall establish
the maximum number of events permitted per year; the maximum number
of guests per event; and the structures and outdoor areas allowed
to be used in conjunction with the event venue.
2.
A use certificate is not required for each event; however, records
of all events shall be retained and made available to confirm compliance
with the Board of Appeals decision if requested by the Code Enforcement
Officer.
3.
The special exception application shall include a traffic management
plan which demonstrates how traffic entering and exiting the site
for an event will be managed to ensure safe and convenient access
to and from the site; include planned routes of vehicular access to
the event venue; and depict on-site traffic circulation and travelways
that can accommodate emergency vehicles.
4.
The applicant shall demonstrate that the activities conducted as
a part of the event venue will be located, designed and operated so
as to not have significant adverse impacts on existing agricultural
uses and activities.
5.
The Board in its decision may increase the minimum required setbacks
to mitigate any adverse impacts to abutting parcels.
D.
All existing structures are required to be fully permitted, and shall
be classified with respect to the occupancy group and the listed use,
as determined by the Building Official. The applicant shall comply
with all additional applicable County codes and any applicable food
service regulations and on-site sewage disposal requirements of the
Environmental Health Department.
33.11
Event venue, accessory.
A.
All event venues shall:
1.
Be located on a parcel containing an existing hotel/motel, inn, golf
course and country club, marina or private educational institution
use. This accessory use shall cease once the principal use is no longer
operating.
2.
Require site plan approval. The maximum number of guests and hours
of operation shall be stated on the site plan.
3.
A Type C landscape yard shall be established between outdoor use
areas (guest areas, parking and storage) and adjoining residential
properties.
B.
The following shall apply for Board of Appeals review of the special
exception:
1.
The Board in its decision approving a special exception shall establish
the maximum number of events permitted per year; the maximum number
of guests per event; and the structures and outdoor areas allowed
to be used in conjunction with the event venue.
2.
A use certificate is not required for each event; however, records
of all events shall be retained and made available to confirm compliance
with the Board of Appeals decision if requested by the Code Enforcement
Officer.
3.
No outdoor music shall be permitted unless specifically approved
by the Board of Appeals. The hours of such music must be as established
by the Board of Appeals but shall not be before 9:00 a.m. or after
10:00 p.m.
4.
All applications in the Village Zoning Districts requesting outdoor
amplified music shall include a noise compliance plan that includes
a means for continuous electronic monitoring of sound levels from
one hour prior to, until one hour after, the approved outdoor music
time restriction, along with all materials required by the application
form and checklist published by the Planning Office.
5.
Structures for event uses are required to be fully permitted, and
shall be classified with respect to the occupancy group and the listed
use, as determined by the Building Official. The applicant shall comply
with additional applicable County Codes and all applicable state and
federal regulations to include food service, sewage disposal and ADA
(the Americans with Disabilities Act) Standards for Accessible Design.
33.12
Home occupations. See also § 190-33.5, Cottage industry.
A.
Uses appropriate as home occupations. The following list indicates
uses that would be appropriate as home occupations:
1.
Studios for the production of art, handicrafts, music, writing, photography,
or similar, low-impact or handcrafted items;
2.
Business or professional office;
3.
Catering and production of food items (e.g., baked goods, candy);
4.
Office and workshop/storage (no sales) for dealers in antiques and
collectibles;
5.
Direct sale product distribution (Amway, Avon, Tupperware, etc.),
Internet sales businesses, and other types of sales;
6.
Dressmaker, seamstress, tailor;
7.
Cosmetology, including hair cutting and styling, manicure or pedicure,
limited to two stations;
8.
Massage therapists;
9.
Mental health care practitioner;
10.
Pet grooming without overnight boarding or exterior kennels;
11.
Repair of small appliances, small engines and limited machining
of small parts, office machines, cameras, and similar small items;
12.
Taxidermy;
13.
Tutoring, counseling, and other individualized instruction;
14.
Vending machine business.
B.
Standards for home occupations.
1.
A use certificate is required.
2.
Home occupation use certificates shall be renewed every two years.
Renewal may require a site inspection.
3.
The home occupation must be conducted within a residence and/or an
accessory structure on the same lot as the residence.
4.
The use must be incidental and secondary to the use of the dwelling
for residential purposes.
5.
The home used for the home occupation shall be the primary residence
of the proprietor.
6.
If the proprietor is not the property owner, evidence of permission
of the property owner to use the property for the home occupation
must be provided to the Planning Director.
7.
No more than three nonresident employees shall report to a home occupation
site. Only one nonresident employee may remain on the site during
any portion of the day.
8.
Residential character.
a.
The use shall not change the character of the residential use
or adversely affect the uses permitted in the residential district
of which it is a part.
b.
Home-based occupations shall be conducted in such a manner as
not to produce noise, dust, vibration, glare, smoke or smell, electrical
interference, fire hazard, traffic, or any other nuisance not typically
experienced in the zoning district where property is located.
c.
No use shall require internal or external construction features
or the use of electrical, mechanical, or other equipment that would
change the fire rating of the structure or in any way increase the
fire danger to neighboring structures or residences.
9.
Area.
a.
All work associated with a home occupation shall be performed
inside the residence or an accessory structure not to exceed 1,500
square feet. No more than 1,500 square feet of an accessory structure
may be used for a home-based occupation. A combination of existing
accessory structures may be used to achieve the one-thousand-five-hundred-square-foot
maximum.
b.
The area used for the home occupation shall not exceed 25% of
the gross floor area of the residence.
c.
More than one home-based occupation per residence or lot may
be allowed, provided that the area limitations of Subsection B.9.a
and b above are not exceeded.
10.
Outdoor storage of materials is not permitted.
11.
Deliveries of equipment, parts and supplies shall be limited
to commercial delivery services (i.e., UPS, Federal Express, etc.).
12.
Customer, client or student visitation to the home-based occupation
shall be scheduled to prevent an increase in vehicle trips not normally
expected in a residential zone.
13.
Home occupations shall not conduct retail sales. In this section,
"retail sales" means providing goods directly to the customers where
such goods are displayed on site and are available for immediate purchase
and removal from the premises by the purchaser. "Retail sales" does
not include:
a.
Displaying goods on line or by catalogue where the customer
browses and completes the purchase remotely, such as on line, by phone,
or mail, and the purchased goods are then shipped to the customer;
b.
Maintaining a workshop or showroom displaying a limited selection
of custom-made goods; or
c.
Passing along to the customer the cost of new parts or components
needed to repair or modify an item.
33.13
Poultry, waterfowl and game birds on residential lots.
A.
Birds shall be maintained on the subject parcel and not permitted
to run at large onto neighboring properties or roadways, and shall
be maintained so that they do not constitute a nuisance due to noise,
odor, or public health or safety concerns.
B.
Structural enclosures shall meet minimum bulk requirements based
on parcel size and zoning.
C.
Roosters shall be permitted provided their enclosures are a minimum
of 200 feet from neighboring residential dwellings.
D.
On-site retail sale of eggs requires registration with the Maryland
Department of Agriculture.
E.
See agricultural production for lots larger than five acres.
33.14
Produce stands.
A.
A use certificate is required, which must be renewed annually.
B.
A produce stand shall not exceed 600 square feet in gross floor area,
in one structure or cumulatively in more than one structure; this
may include space in an owner-occupied accessory farm building.
C.
All temporary structures shall be set back at least 25 feet from
property lines and shall be located so as to provide safe ingress
and egress from public roads.
D.
Produce stands may use either a temporary or permanent structure,
but shall not operate year-round.
E.
Temporary structures, carts, or stands shall be removed from the
roadside location when not in use.
G.
Produce stands may operate throughout the year except between January
15 and March 15.
H.
An area around the sales structure, 25 feet deep and at least 25
feet from public roads, may be used for display of product.
33.15
Recreational vehicle parking.
A.
In all zoning districts, one recreational vehicle may be stored on
a lot as an accessory use to the residential structure.
B.
The vehicle may be parked on the lot or parcel for storage only,
and shall not be occupied or lived in.
C.
The vehicle shall be placed in the rear or side yards only, and shall
be located at least eight feet from all property lines.
D.
No recreational vehicle shall be used as a principal permitted use.
33.16
Residential structures and uses, accessory.
33.17
Retail, accessory to industrial.
A.
Must be accessory to a principal use allowed in the LI District.
B.
The area devoted to retail uses shall be approved by the Planning
Commission through the site plan review process.
C.
The gross floor area devoted to incidental retail sales shall not
exceed 10% of the gross floor area of the principal use or 1,000 square
feet, whichever is less.
33.18
Satellite dishes and private amateur (ham) radio towers.
Table IV-3 lists requirements for different types of satellite
dishes and private amateur (ham) radio towers 75 feet or less, permitted
as an accessory use.
Table IV-3.
| |||
Satellite Dishes and Private Amateur (Ham) Radio Towers
| |||
Type
|
Maximum Number Per Lot, Plus Standards If Any
| ||
A.
|
Residential-type UHF/VHF, radio, and compact satellite dishes,
measuring less than 30 inches in diameter
|
3 satellite dishes
| |
B.
|
Dishes 30 inches or greater in diameter
|
1.
|
One dish, located on the primary building or on the ground.
|
2.
|
If located on a building, the dish must be located on the roof
and be set back from the edge of the roof a distance equal to at least
its height above the roof.
| ||
3.
|
Dishes may not be placed in a front yard.
| ||
4.
|
Screening is required when a ground-mounted dish is visible
from a public right-of-way or surrounding property when viewed from
ground level.
| ||
C.
|
Private amateur (ham) radio tower 75 feet high or less.
|
1.
|
One tower.
|
2.
|
Minimum required setback shall be minimum base zoning setback
plus one additional foot in setback for each foot in height over 40
feet.
|
33.19
Septic systems.
A.
Limited to on-site systems serving a residential or commercial/industrial
establishment.
B.
Minimum setback from all property lines for sewage disposal area:
15 feet.
C.
No septic system shall be placed in the Shoreline Development Buffer.
D.
Septic systems in the RC District shall not serve development outside
of the RC District or Critical Area unless a development right is
allocated from each zoning district.
33.20
Short-term rental.
A.
License required. A license issued pursuant to § 190-63 of this chapter is required for all short-term rentals. Short-term rentals without such license are prohibited. Anyone operating or advertising an unlicensed short-term rental shall be subject to a fine of not less than $500 and may not be entitled to apply for a short-term rental license for a period of not more than 12 months from the date of such violation. The Planning Director shall issue provisional short-term rental licenses valid until a decision by the approving authority is made on the license application or March 1, 2020, whichever occurs first, to applicants who meet the following criteria: (1) the applicant held a validly issued short-term rental license for the year 2018; ( 2) the applicant's 2018 license was not suspended or revoked due to a violation of the County's short-term rental code; (3) the applicant is diligently pursuing renewal of such license to operate in 2019; (4) the applicant filed the renewal application before September 1, 2019; and (5) the applicant has passed Talbot County Health Department potable water and sanitary facility inspections, as applicable, for the property.
[Amended 9-24-2019 by Bill No. 1434; 8-11-2020 by Bill No. 1446]
B.
Eligibility. A short-term rental license may be issued for a primary
residential dwelling unit or for an accessory dwelling unit on a property
but not for both.
C.
Operating guidelines.
1.
The maximum number of persons permitted to be on-site associated
with any short-term rental shall be limited at all times to the lesser
of 12 persons or two persons per bedroom in the dwelling that is rented,
excluding infants under 18 months of age.
[Amended 8-11-2020 by Bill No. 1446]
2.
Three-night minimum stay for all short-term lease holders.
3.
Outside areas intended for use by short-term tenants, such as decks,
patios, porches, game courts, swimming pools, and similar areas, shall
be screened from neighboring properties by one or more of the following
prior to approval of a new short-term rental license:
a.
Setbacks of at least 50 feet; or
4.
Sufficient off-street parking spaces shall be provided to accommodate
all short-term rental tenants' vehicles during any rental period.
5.
The area for trash storage shall be identified on the site plan and
located to minimize nuisance to neighbors.
6.
During any short-term rental, no dwelling, grounds, or associated
appurtenances shall be subleased or used for the following activities:
7.
Pets shall be leashed or confined at all times.
8.
The owner of the short-term rental property shall be responsible
for payment of the Talbot County Accommodations Tax and the Maryland
Sales Tax.
9.
The short-term rental property shall comply with the following standards,
which shall be referred to as the "Minimum Safety Standards". The
short-term rental shall:
[Amended 8-11-2020 by Bill No. 1446]
a.
Be equipped with fire extinguishers in the kitchen or any other area
in which flammable or combustible materials are kept or stored;
b.
Be equipped with interconnected smoke alarms in each bedroom, outside
of each sleeping area in the immediate vicinity of the bedrooms and
on each additional story of the dwelling, including basements and
habitable attics;
c.
Have interconnected carbon monoxide alarms installed when fuel-fired
appliances are present or the unit has an attached garage. Alarms
shall be installed outside of each separate sleeping area in the immediate
vicinity of the bedrooms. Where a fuel-burning appliance is located
within a bedroom or its attached bathroom, a carbon monoxide alarm
shall be installed within the bedroom. Combination carbon alarm and
smoke alarms shall be permitted to be used in lieu of carbon monoxide
alarms;
d.
Have rescue openings present in every bedroom. All rescue openings
must have a minimum clear opening of five square feet, with a minimum
width of 20 inches and a minimum height of 24 inches;
e.
Have a primary emergency escape/egress. For such primary emergency
escape/egress, the stairwell should be a minimum of 30 inches wide
at all locations to include handrail height and a minimum height of
six feet from the stairway tread to the ceiling;
f.
Provide adequate automatic back-up illumination of any stairwells
with a ceiling height between six feet and six feet eight inches from
stairway tread to ceiling in the event of an emergency or power failure;
and
g.
Have a secondary emergency escape/egress meeting the above standards
on each upper floor. However, if no such secondary emergency escape/egress
meets the above standards, a secondary emergency escape/egress shall
be provided at the furthermost point from the primary escape exit
and may consist of an emergency roll-up ladder for use to exit a rescue
opening window.
10.
The owner of the short-term rental property and/or the resident agent
shall immediately investigate any complaint, from whomever received,
of a violation of this section. Upon determining that a violation
has occurred or is continuing to occur, the owner and/or the resident
agent shall request that any occupant of the short-term rental property
shall immediately cease and desist from any and all violations.
[Added 8-11-2020 by Bill
No. 1446]
11.
A short-term rental license holder must notify the County immediately
if their resident agent no longer represents them. In addition, they
must notify the County no later than 15 days after the end of such
representation with the name and contact information for a new resident
agent.
[Added 8-11-2020 by Bill
No. 1446]
12.
All conditions, restrictions, and limitations imposed by this
chapter or by any regulation adopted by any governmental agency authorizing
use or occupancy as a short-term rental, or the physical condition
of a rental property, shall be conspicuously included in a written
lease signed by the parties. A copy of the lease shall be available
on site and to Code Enforcement Officers upon request.
13.
The applicant shall comply with all applicable codes, regulations,
and requirements administered by the Talbot County Health Department
regarding the drinking water supply well and on-site sewage disposal
facilities. A short-term rental license shall not be issued until
the Health Department has determined that the short-term rental property
complies with the requirements of this subsection.
[Amended 8-11-2020 by Bill No. 1446]
14.
The short-term rental property shall comply with all conditions,
restrictions and limitations imposed by all governmental entities
and officials authorizing the use or occupancy of the short-term rental.
D.
The short-term rental license shall include all requirements listed
herein. The license, including requirements and conditions of approval
of the license, and any house rules shall be conspicuously posted
in the residence during any short-term rental. House rules shall include
minimum requirements as listed in the application package provided
by the County.
33.21
Stables, accessory to residential uses.
33.22
33.23
Storage accessory to commercial and industrial uses.
A.
Storage areas or structures accessory to a commercial or industrial use require a major, minor or administrative site plan based upon the criteria in § 190-60.2.
B.
Portable storage units are permitted temporary uses as provided in § 190-34.2.D. In addition, portable storage units may be used as permanent storage structures accessory to commercial and industrial uses in the LC, GC and LI Districts, subject to site plan review and provision of a Type C landscape yard in accordance with § 190-40.5 to screen the view of the unit from the property line.
C.
Accessory storage to a commercial and industrial use can only be
located in the Critical Area RCA when the principal use or structure
is located within the RCA.
33.24
Storage building prior to construction of a primary structure.
A.
A special exception may be granted for a storage building where it
would not otherwise be permitted as an accessory use because there
is no principal use established for the lot.
B.
This special exception use differs from the temporary use provisions
of § 190-34.2.A, which allow a storage building to be erected
for use during construction of the primary structure. The Board of
Appeals may approve this special exception on a lot where there is
no imminent plan for establishment of a principal use.
34.1
General requirements.
A.
The Planning Director may approve the specific temporary uses listed
in this section. Temporary uses not specifically listed may be approved,
provided that:
1.
A use certificate is required and shall be issued for a period not
exceeding 90 days or an event that does not exceed three days.
B.
The Planning Director may solicit the recommendation of the Planning
Commission before making a determination on a temporary use.
C.
The land shall be entirely cleared of the use within five days after
the temporary authority expires.
34.2
Permitted temporary uses and events. The following temporary uses
are permitted in all zoning districts subject to a use certificate
and the conditions listed below:
A.
Accessory building prior to construction of a primary structure.
B.
Construction or sales office accessory to a construction site.
1.
Includes an office trailer.
2.
A use certificate is required.
3.
The certificate shall be issued for a period of six months. The Planning
Director may grant six-month extensions of the certificate if the
extension is reasonably necessary to allow completion of the project.
4.
Structures must meet minimum setback requirements for the zoning
district.
5.
Structures must be removed on completion of the construction and
sales function.
C.
Paving material compounding.
1.
Includes asphalt and concrete processing.
2.
The use must be associated with a major public road or facility construction
project.
3.
A use certificate is required and must be renewed after one year.
4.
One-thousand-foot setback from any structure intended for human occupancy
unless the owner of the structure consents to a lesser setback, no
less than 200 feet.
E.
Carnivals, weddings and other temporary events.
F.
Temporary anemometers and wind vane for purposes of gathering data
for wind energy development.
1.
Minimum lot size: five acres.
2.
Structure may not exceed 120 feet at top of blade.
3.
Must meet setback of height of structure plus 10 feet from all property
lines.
4.
Upon expiration of use certificate, the temporary structure and foundation
must be removed unless a building permit is issued for a permanent
facility.
G.
Recreational vehicles.
1.
Recreational vehicles may be used at special events. This use on
any given site shall be limited to no more than 90 days within a calendar
year and no more than seven consecutive days.
2.
No mobile home or recreational vehicle shall be parked overnight
on any highway, road, street, public park or other public way or public
landing except in an emergency.