The following supplementary use regulations
apply in addition to the requirements of the applicable zoning district
and any requirements in the Table of Permitted Uses.[1]
A.
Accessory uses and structures.
(1)
General requirements.
(a)
No accessory structure shall be located in any
required front yard, except for the following:
(b)
Unless otherwise specified in this chapter,
accessory structures and buildings may be placed or erected within
a required rear or side yard but shall be no closer than six feet
from any side or rear lot line.
(c)
When an accessory structure is attached to a
principal structure, it then becomes a part of that structure and
must comply with the setback requirements for a principal structure
in that zoning district. The following types of attachments constitute
a connection: deck, roofline, porch, etc. Attachments which are cosmetic
such as fence, trellis, sidewalk or patio are not considered an attachment.
[Amended 6-13-2000 by Ord. No. 278]
(d)
Size of residential accessory structures.
[Amended 1-9-2001 by Ord. No. 291; 8-21-2001 by Ord. No.
297]
[1]
Residential accessory structures, excluding
swimming pools, shall adhere to the following size limitations in
the following districts:
[a]
SR, SR-RCA, RR, and RR-RCA Zoning
Districts: No residential accessory structure or sum total of residential
accessory structures shall exceed the building footprint of the principal
residential structure or 1,200 square feet whichever is greater. In
addition, any permit issued under this section shall state that "the
structure is for personal use only." Any residential accessory structure
or structures exceeding the 1,200 square feet or building footprint
of the principal residential structure would require a special exception.
[b]
AC, AC-RCA, RC, RC-RCA and RR-C
Zoning Districts: No residential accessory structure or sum total
of residential accessory structures shall exceed the building footprint
of the principal residential structure or 1,600 square feet whichever
is greater. Any residential accessory structure or structures exceeding
the 1,600 square feet allowed would require a special exception by
the Board of Appeals. Note: This restriction does not apply to parcels
that are part of a bona-fide farming operation as determined by the
Director of Planning.
[2]
As used in this section, the term "residential
accessory structure" is defined as any use or structure not attached
by a common wall or by a common roof to the main residential structure
and allowed in the residential or unclassified use category of the
Table of Permitted Uses by Zoning District.[2]
[2]
Editor's Note: The Table of Permitted Uses by Zoning District is included at the end of this chapter.
(2)
Except as provided herein, accessory uses and structures
are prohibited prior to the completion of the principal uses or structures.
Accessory uses or structures shall be permitted on a lot upon issuance
of a zoning permit if:
[Amended 9-24-2002 by Ord. No. 307; 6-1-2021 by Bill No. 2021-9]
(a)
Construction has begun on the principal structure
to the point of putting in place footings and foundation members,
provided that construction of the principal structure is diligently
pursued;
(b)
The accessory structure is a shore protection
device, pier, jetty or boat ramp or fence;
(c)
The accessory structure is 300 square feet or less in area and
is used for storage of equipment related to the maintenance or use
of the parcel;
(d)
The Board of Appeals finds, upon application, that the accessory
use or structure meets the general, and specific, standards, if applicable,
for granting a special exception.
(3)
Multiple lots in single ownership. When multiple,
contiguous lots are in common ownership, if one or more lots is improved
with a principal use or structure, an adjacent, unimproved lot may
be improved with an accessory structure. However, the property owner
must sign a covenant agreement not to transfer the lots or parcels
separately and the agreement must be recorded in land records of Dorchester
County before issuance of the permit; and further provided that the
Director of Planning shall release this covenant as to any particular
lot, if such transfer of the subject lot will, in all respects, comply
with the Dorchester County Zoning Ordinance.
[Amended 12-19-2000 by Ord. No. 289]
(4)
Fences and walls.
(a)
Fences and walls do not require a building permit.
(b)
Fences and walls are not subject to setback requirements from public ways and adjoining lots, but they are subject to the traffic visibility requirements of § 155-47 of this chapter.
(c)
The maximum permitted height of fences and walls
is as follows:
|
Location
|
B and I
Districts
(feet)
|
All other
Districts
(feet)
|
|---|---|---|
|
Front yard
|
6
|
3.5
|
|
Side or rear yard
|
8
|
6
|
|
Within 60 feet of shoreline
|
4
|
4
|
(d)
A secure fence at least four feet in height
shall enclose any in-ground swimming pool located within 200 feet
of any adjoining property line or public way.
(e)
Agricultural fencing (post and wire with open
construction) used on a farm for containment of livestock or as pasturage
is exempt from any height requirements.
[Added 6-13-2000 by Ord. No. 281]
(f)
Security fencing for communication towers and
compound areas shall be a minimum of eight feet in height and shall
not exceed 12 feet in height.
[Added 4-16-2002 by Ord. No. 304[3]]
[3]
Editor's Note: This ordinance also provided
that it take effect 5-1-2001, and that all communication towers for
which a building permit has been issued on or before this date shall
be subject to the law and regulations existing prior to the adoption
of this ordinance and shall not be subject to this new ordinance.
B.
Adult entertainment centers.
(1)
The structure containing the center shall be at least
1,000 feet from the nearest property line of any residentially used
or zoned property, church or similar place of worship, library, school,
park, playground or similar use.
(2)
Advertisements, displays or other promotional materials
of an adult nature shall not be visible from public ways.
C.
Adult cabaret.
(1)
The structure containing the cabaret shall be at least
1,000 feet from the nearest property line of any residentially used
property, church or similar place of worship, library, school, park,
playground or similar use.
(2)
Advertisements, displays or other promotional materials
of an adult nature shall not be visible from public ways.
D.
Agricultural equipment storage. Salvageable agricultural
equipment for noncommercial purposes may be stored as an accessory
use to a permitted principal agricultural use. Such storage shall
be consistent with the Maintenance of Property Ordinance of Dorchester
County.[4]
E.
F.
Airstrips and heliports.
(1)
Intent. This section is especially intended to accommodate
the landowner who intends to use the facility for his own personal
and private aircraft or those of his invited guests and especially
provides for aerial application for the benefit of agriculture and
for the development of heliports which comply with the above requirements.
It is impossible to determine the progress and use of aerial applications
for agriculture, and the purpose of this section is to give broad
authority to the Board of Appeals to encourage such operations.
(2)
Setbacks. No property line or public way shall be
less than 200 feet from each end of the landing strip or 250 feet
from the center line of the landing strip on each side.
(3)
Glide slope; landing strip.
(a)
The cleared area for a landing strip shall be
no less than 300 feet wide.
(b)
The end of the landing strip shall be situated
to provide a glide slope of at least 5° from the end of any such
strip over the highest obstacle, such as trees, power lines, sign
boards and a vertical distance equal to a fifty-foot obstruction in
the center of any public roadway or highway. The Board of Appeals
shall make provisions for periodic inspections of no less than once
a year to assure that the glide slope remains clear of obstructions.
(c)
The Board of Appeals shall give careful attention
to any building or probable building in the glide slope area or to
either side of a proposed airstrip, it being the intention of this
section that adjoining landowners shall not be restricted in the normal
use of their land and property.
(4)
Other.
(a)
The Board of Appeals shall give careful consideration
to the number of operations planned or predicted, the type of aircraft
and equipment proposed to be used, the skill and qualifications of
the pilots who will be using the facility and the stabilization and
type of soil in the runway area.
(b)
The Board of Appeals shall have authority to
grant use of the facility for a certain definite period of time, for
certain definite seasons of the year, for certain definite hours of
the day and for certain definite and restricted uses and operations.
(c)
The Board of Appeals shall have authority to
authorize certain restricted uses, such as heliports, hot-air balloon
operation, operations for aircraft commonly known as "stol-type,"
vertical takeoff and landing aircraft and other aircraft which may
not now be in being but may become usable in the future.
G.
Apartments and single-family attached units, including
townhouses.
(1)
Minimum development size: one acre.
(4)
(5)
Access roads. Apartments and single-family attached developments are considered to be multiple uses subject to the access requirements of § 155-48.
(6)
Open space. A minimum of 20% of the total area of
an apartment or single-family attached development shall be in accessible
open space. At least 50% of the open space shall be suitable for active
recreation. Recreation open space shall wherever possible be consolidated
into minimum areas of 10,000 square feet, suitably located in relation
to the homes and contiguous with adjacent open space.
(7)
Architecture.
(a)
No more than eight and no less than three townhouses
are permitted in a row.
(b)
The appearance of townhouses in a row shall
be varied by changed front yard setbacks and or variation in materials
or design so that no more than three abutting townhouses shall have
the same front yard depth and the same or essentially the same architectural
treatment of facades and roof lines.
(8)
Maintenance. The site plan or subdivision plat shall
identify the person or entity having the right of ownership or control
over open space and common areas. That person or entity shall be responsible
for continuing upkeep and proper maintenance of such areas.
(9)
External lighting. Where more than one apartment building is constructed, external walkways and parking areas shall be paved and lighted in accordance with the provisions of Article XI of this chapter.
(10)
Critical area. Apartment and single-family attached
units located in the Critical Area Protection District shall meet
all the requirements of that district.
H.
Aquaculture.
(1)
Setbacks.
(a)
All impoundments or structures used for aquaculture
shall be located at least 200 feet from a public way or property line,
except for water-dependent facilities permitted in the tidewater buffer.
(b)
In the AC, AC-RCA, RC and RR-C Districts the Director of Planning may reduce the setback required under Subsection H(1)(a) to 100 feet, provided that:
[1]
The impoundment or structure is at least 200
feet from any public way;
[2]
There are no existing dwellings on neighboring
properties within 200 feet of the proposed impoundment or structure;
and
[3]
All property owners whose property lines will
be less than 200 feet from the impoundment or structure grant written
notarized consent for the reduced setback.
(2)
Retail sales. In business and industrial districts
retail sales are permitted.
I.
J.
Building or dwelling conversions. The conversion of
a building into a dwelling or the conversion of a dwelling so as to
accommodate a greater number of dwelling units or families shall be
permitted only if a new building of similar construction would be
allowed in the particular district in which the building proposed
for conversion is located.
|
J.1.
|
Bus shelters.
[Added 6-13-2000 by Ord. No. 274] | |
|
(1)
|
The shelter shall not be located within a state
or county right-of-way.
| |
|
(2)
|
The shelter shall not exceed one story height
or 120 square feet in area.
| |
|
(3)
|
The location of the shelter must be approved
by the local Board of Education and/or designee or public transportation
authority.
| |
|
(4)
|
Permit for shelter is subject to renewal after
five years.
| |
K.
Campgrounds.
(1)
The site shall contain at least 10 acres.
(2)
In no event shall any campsite be occupied as place
of primary residence or domicile.
(3)
The maximum number of units permitted is 16 per net
acre. The net acreage is determined by subtracting from the gross
site acreage the required buffer and setback areas, existing and proposed
impervious surfaces, sewerage reserve areas and any area dedicated
for any other purpose.
(4)
Each campground shall provide facilities for sanitary
and health purposes in accordance with Health Department requirements.
(5)
All campsites and other facilities shall be at least
200 feet from property lines. Adequate screening shall be provided
between the campsites and property lines.
(6)
The minimum width of camp roads shall be 10 feet for
one-way roads and 16 feet for two-way roads. Parallel parking lanes,
if provided, require an additional eight feet. All roads shall be
constructed of a durable surface to adequately serve and access all
campsites. However, roads are not required to access the actual camping
area of primitive campgrounds.
(7)
Garbage and trash collection shall be provided in
such numbers and at such locations so as to provide convenient access
for patrons and provide adequate ingress/egress in commercial campgrounds.
(9)
Each individual campsite in a commercial campground
shall have at least 1,000 square feet to allow placement of the unit
and area to park two vehicles. Primitive campgrounds shall be designed
so that camping units shall not be located closer than 10 feet from
any other camping unit.
(10)
Commercial facilities are permitted in commercial
campgrounds and are intended primarily to serve the users of the campground.
The commercial facilities permitted include: campground office, employee
or operator living units, recreational facilities, convenience/grocery
store, service buildings, rest rooms, dumping stations, showers, laundry
facilities, storage units, gas and fuel sales and marinas. Commercial
facilities are not allowed in primitive campgrounds.
(11)
All enlargements or extensions to existing campgrounds
shall conform to these requirements.
L.
Commercial shedding operations.
(1)
Setbacks. All devices or structures related to commercial
shedding must meet the following setbacks:
(a)
AC, AC-RCA, B-1, B-2, RR and RR-RCA Districts:
100 feet from a property line or public way, except for water-dependent
facilities permitted in the tidewater buffer.
(c)
I-1, I-2, RR-C, SR and SR-RCA Districts: 200
feet from a property line or public way, except for those water-dependent
facilities permitted in the tidewater buffer.
(2)
On-premise sales. On-premise sales are permitted except
in the RR-C, SR and SR-RCA Districts.
M.
Communication antennas attached to existing buildings
and structures.
(1)
Types of antennas. Types of antennas permitted under
this category are limited to the following:
(a)
Omni-directional or whip antennas extending
no more than 20 feet above the structure to which attached.
(b)
Panel antennas no more than 2 feet wide and
6.5 feet long extending no more than 20 feet above the structure to
which attached.
(c)
Microwave dish antennas no more than eight feet
in diameter.
(2)
Dish antennas mounted on a building must be located
or screened so that they are not visible from public ways.
(3)
Antennas shall be gray or a color that minimizes visibility
and consistent with FCC or FAA regulations.
N.
Communication equipment buildings. Communication equipment
buildings are subject to the following requirements:
(1)
Maximum floor area: 600 feet.
(2)
Maximum height: 12 feet.
(3)
Ground level buildings must be screened by landscaping
or fencing.
(4)
Equipment buildings on roofs must have a similar finish
to the exterior building walls, so that the equipment building looks
like the main building.
(5)
No lights or signals are permitted unless required
by the FCC or the FAA.
O.
Communication towers.
(1)
Communication towers permitted as a permitted principal
use. Where permitted as a permitted principal use, communication towers
shall meet the following requirements:
(b)
Setbacks.
[1]
From public ways, adjoining lots containing
dwellings, or any lot zoned other than B-2, I-1 or I-2; and from any
occupied building on the same parcel as the proposed tower: tower
height (including antennas and lighting rods) plus 20 feet. However,
the Board may grant a variance to reduce the required setback between
the proposed tower and any occupied building on the same parcel as
the proposed tower.
[2]
From lots zoned B-2, I-1 or I-2 and not containing
dwellings: greater of 50 feet or one-third the tower height (including
antennas and lighting rods)
(c)
Towers shall be gray or similar color unless
required otherwise by the FCC, or FAA.
(d)
A tower that is no longer used must be removed
within one year of the date the use ceases. If the owner of the tower
does not remove the tower, the cost of the removal of the tower shall
lie with the property owner. Any tower no longer in use must retain
any applicable lighting, beaconing or structural color as required
by the FCC or FAA.
(e)
Towers on government property must be designed
to accommodate more than one user.
(f)
The applicant shall submit a landscaping plan
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 tower and support structures. The
tower owner assumes full responsibility for maintenance of the landscaping
material.
(g)
A sign shall identify the current property owner,
tower owner, the FCC tower registration number, contact phone number
and emergency information. Said sign shall be posted on or adjacent
to the gate leading into the tower's compound and shall be no smaller
than eight square feet or larger than 16 square feet.
(h)
No towers shall interfere with the County-owned
wireless voice and data systems. The applicant shall notify the director
of the County's public safety communications system and solicit written
comments.
(2)
Communication towers permitted as a special exception. Where permitted by special exception, the Board of Appeals shall be satisfied that the following requirements, in addition to those listed in § 155-50O(1), are met:
(a)
The applicant must satisfy the Board of Appeals
that efforts were made to locate the tower on government land or on
an existing structure and that due to valid considerations, such as
physical constraints or economic or technical feasibility, no alternative
appropriate location is available.
(b)
New towers must be designed to accommodate more
than one user, unless the applicant demonstrates why this is infeasible.
An area on site shall be available for placement of additional equipment
buildings for other users.
(c)
Prior to filing an application for special exception
the tower applicant or his agent shall notify in writing all property
owners whose property lies within 1,000 feet of the parcel containing
the proposed tower and shall hold an informational meeting for those
property owners at a location generally convenient to said property
owners.
(d)
The applicant must demonstrate that the application
meets the following criteria, unless the applicant can demonstrate
to the satisfaction of the Board why said criteria are infeasible:
[1]
The tower to be erected is of monopole style.
[2]
The tower height is no higher than necessary
to ensure effective service for the relevant service area, but in
no case shall exceed 200 feet. The Board may not grant a variance
to this.
[3]
The tower is sited within or adjacent to areas
of mature trees and towards the interior of a parcel whenever possible
and only should be considered elsewhere on the property when technical
data or aesthetic reasons indicate there is no other feasible location.
When a tower is sited within a wooded area, the access road shall
be curved or angled to minimize the view of the tower's base from
the road.
[4]
The tower is located as far away from municipal
boundaries, roadways and areas of concentrated population as it reasonably
can be while still providing an acceptable level of service to the
nearby municipality or area of concentrated population.
[5]
No sign or light is placed on the tower other
than those required by the Federal Aviation Administration (FAA) or
Federal Communication Commission (FCC).
[6]
A tower which is to be placed within sight of
a property listed on the National Register of Historic Places shall
mitigate, to the extent practicable, any adverse visual impact of
the facility from properties within sight of the tower.
(e)
The applicant shall submit to the Board of Appeals
professionally prepared computer simulated photos of the viewshed,
which accurately depict the visual impact of the proposed tower.
[6]
Editor's Note: This ordinance also provided
that it take effect 5-1-2001, and that all communication towers for
which a building permit has been issued on or before this date shall
be subject to the law and regulations existing prior to the adoption
of this ordinance and shall not be subject to this new ordinance.
P.
Home-based contractors.
(1)
Home-based contractor occupations as an accessory
use. Home-based contractor occupations which meet the following requirements
are permitted accessory uses in all districts:
(a)
Operation.
[1]
A home-based contractor occupation shall not
alter the residential appearance and character of the dwelling, accessory
building or the lot.
[2]
The occupation shall not create noise, odors,
fumes, dust, vibration or electrical interference that interferes
with neighboring uses.
[3]
There shall be no exterior evidence, other than
a permitted sign, to indicate that the lot is being used for any purpose
other than that of a dwelling. Exterior evidence shall include outdoor
display, noise or glare.
[4]
A home-based contractor occupation shall be
conducted by persons residing in the dwelling.
(b)
Parking; storage; vehicle repair.
[1]
The total area used for storage of equipment
and supplies shall be limited to no more than 2% of the gross lot
area or 1,000 square feet, whichever is less.
[3]
All supplies and equipment shall be stored within
buildings.
[4]
Structures used for parking, storage or loading
of commercial vehicles larger than 5.0 tons gross vehicle weight or
excavating, paving or similar construction equipment shall be at least
50 feet from all property lines.
[5]
No major repairs of vehicles or equipment shall
be permitted on the lot. Major repairs include body work, engine rebuilding,
painting and similar activities.
(2)
Special exception standards for home-based contractors.
Where home-based contractors are permitted as a special exception
the following regulations apply:
(a)
Operation.
[1]
The location and design of the operation shall
be such that the use shall not be a nuisance to neighboring properties
due to noise, odors, fumes, dust, vibration or electrical interference.
[2]
The use shall not result in damage, deterioration
or increased hazards on any public way or shared driveway providing
access to the site.
[3]
The home-based contractor occupation shall be
conducted by persons residing in the dwelling. In addition, the Board
may permit up to two nonresident employees to work on the lot in connection
with the operation.
(b)
Parking; storage; vehicle repair.
[1]
The total area used for storage of equipment
and supplies, whether outdoors or indoors, shall be limited to the
following:
[3]
All structures and uses that are part of the
special exception shall be at least 50 feet from lot lines, unless
the Board finds that a lesser setback is appropriate and will not
adversely affect neighboring properties.
[4]
Parking and other outdoor uses shall be completely
screened from surrounding properties and roads by vegetation, fencing
or other appropriate means.
[5]
No major repairs of vehicles or equipment shall
be permitted on the lot. Major repairs include body work, engine rebuilding,
painting and similar activities.
Q.
Home occupations.
(1)
Home occupations as an accessory use. Home occupations
which meet the following requirements are permitted accessory uses
in all districts. If more than one home occupation is located within
a residence the following requirements apply to the cumulative total
of all home occupations:
(a)
The area of the residence devoted to home occupations
shall not exceed 33% of the gross floor area of the dwelling or 800
square feet, whichever is less.
(b)
A home occupation shall be located entirely
within the dwelling. For the purpose of this subsection, accessory
structures, including detached garages, are not considered to be part
of the dwelling.
(c)
A home occupation shall not alter the residential
appearance and character of the dwelling or the lot.
(d)
There shall be no exterior evidence, other than
a permitted sign, to indicate that the lot is being used for any purpose
other than that of a dwelling. Exterior evidence shall include outdoor
display or storage, noise, glare or extensive parking area.
(e)
No more than two vehicles may visit the home
occupation at any one time.
(f)
The occupation shall not create noise, odors,
fumes, dust, vibration or electrical interference that interferes
with neighboring uses.
(h)
Financial transactions are permitted.
(i)
A home occupation shall be conducted by persons
residing in the dwelling.
(j)
Home occupations may include the uses listed
below, as well as other uses which comply with all requirements of
this section:
[1]
Art or handcraft studios.
[2]
Barber.
[3]
Beauty parlor.
[4]
Business or professional offices.
[5]
Catering, subject to Health Department approval.
[6]
Direct sale product distribution (e.g., Amway,
Avon, Tupperware, etc.).
[7]
Dressmaker, seamstress, tailor and similar uses.
[8]
Mail-order or telephone sales.
[9]
Shoe repair.
[10]
Repair services for computer hardware,
clocks, jewelry, cameras, guns and similar uses.
[11]
Tutoring.
[12]
Typing and computer services.
(k)
The following uses are not permitted as home
occupations:
(2)
Special exception standards for home occupations.
Where home occupations are permitted as a special exception the following
shall apply:
(a)
Home occupations may include the uses listed
below, as well as other uses which comply with all requirements of
this section, as determined by the Board of Appeals:
[Amended 9-14-2004 by Bill No. 2004-21]
[1]
Art or handcraft studios.
[2]
Barber.
[3]
Beauty parlor.
[4]
Boat building.
[5]
Business or professional offices.
[6]
Catering, subject to Health Department approval.
[7]
Direct sale product distribution (e.g., Amway,
Avon, Tupperware, etc.).
[8]
Dressmaker, seamstress, tailor and similar uses.
[9]
Mail-order or telephone sales.
[10]
Shoe repair.
[11]
Repair services for computer hardware,
clocks, jewelry, cameras, guns and similar uses.
[12]
Tutoring.
[13]
Typing and computer services.
(b)
A home occupation shall be located entirely
within a dwelling, an accessory building, or both. The size of the
home occupation shall be as follows:
(c)
A home occupation shall not alter the residential
appearance and character of the dwelling, accessory building or the
lot.
(d)
The occupation shall not create noise, odors,
fumes, dust, vibration or electrical interference that interferes
with neighboring uses.
(e)
There shall be no exterior evidence, other than
a permitted sign, to indicate that the lot is being used for any purpose
other than that of a dwelling. Exterior evidence shall include outdoor
display or storage, noise or glare.
(f)
The home occupation shall be conducted by persons
residing in the dwelling. In addition the Board may permit up to two
nonresident employees to work on the lot in connection with the home
occupation.
(g)
Off-street parking areas for employees, customers
or clients shall be screened from public roads and neighboring properties.
(h)
Parcel post and similar delivery trucks are
permitted. The Board may limit the number of daily or weekly deliveries
that are permitted, and whether deliveries by trucks with more than
two axles are prohibited.
R.
Temporary overnight lodging in association with hunting,
fishing and camping.
[Amended 9-24-2002 by Ord. No. 313]
(1)
Intent. It is the intent of this subsection to regulate
the placement of camping trailers, recreational vehicles, tents, recreational
park trailers, truck campers and motor homes used in association with
hunting, fishing and camping activities on the parcel in question
and to regulate their associated impacts on surrounding land uses.
(2)
Applicability. For the purposes of this subsection,
the term "temporary overnight lodging unit" (TOLU) shall include camping
trailers, tents, recreational vehicles, recreational park trailers,
truck campers, motor homes and anything else used for temporary lodging
by landowners or lessees. The definition of "temporary overnight lodging
unit" shall not include cabins and mobile homes, as defined elsewhere
in this chapter. Such structures shall be deemed to be single-family
detached dwellings, as defined herein, and regulated as such. This
subsection shall not apply to commercial campgrounds, primitive campgrounds
or mobile home parks, as defined and regulated elsewhere in this chapter.
(3)
TOLU's which existed prior to the effective date of
this amendment are not deemed to be legal nonconforming uses unless
the applicant can demonstrate that said TOLU was expressly authorized
by the Department.
(4)
No TOLU shall be placed on property for a period of
time exceeding 30 days per year until a current and valid zoning permit
has been issued by the Department to the current owner or lessee.
(5)
The following criteria must be met before the Department
may issue a zoning permit for a TOLU:
(a)
Each TOLU must be less than 600 square feet
in area, exclusive of any addition(s).
(b)
No addition to a TOLU may have enclosed sides
or a permanent impermeable floor.
(c)
Portable toilets.
[1]
For the purpose of this subsection, the term
"portable toilet" shall mean a commercial full-sized enclosed temporary
toilet facility leased and serviced by a commercial provider of such
toilets.
[2]
There must be at least one portable toilet on
the subject parcel for each five or fewer TOLU's located on a parcel.
[3]
Each portable toilet must be commercially pumped
and serviced not less than twice per month for each month or portion
of a month during which the applicable TOLU's are occupied.
[4]
Each permitted landowner or lessee shall maintain
records of the servicing of each required portable toilet for not
less than two years and produce such records upon request by the Department.
The current year's service record shall be kept on the inside of the
door of the portable toilet for inspection by the Department.
[5]
Existing sanitary waste systems which meet the
same standard noted above may be approved by the Director in his discretion.
However, the same servicing and recordkeeping requirements must be
met.
(d)
There shall be adequate off-street parking based
on the following formula: one and one-half parking spaces for each
TOLU.
(e)
All TOLU's and parking areas shall be suitably
screened or buffered from adjoining uses and public ways. The Director
may require relocation of TOLU's and associated parking places for
this purpose.
(f)
The Director shall assign and permit a number
of TOLU's within the applicable ranges noted below based on screening,
proximity of neighbors, forestation and any other relevant criteria:
|
Parcel Size
(acres)
|
Maximum Number of TOLU's
|
|---|---|
|
Up to 1
|
2 to 6
|
|
Between 1 and 2
|
4 to 8
|
|
Between 2 and 3
|
6 to 10
|
|
Between 3 and 4
|
8 to 12
|
|
Between 4 and 5
|
10 to 14
|
|
Over 5
|
10 to 15
|
(g)
No TOLU shall be permitted within a residential
subdivision or neighborhood unless it is placed a minimum distance
of 1,000 feet from any dwelling located on a neighboring lot or parcel.
(6)
No other building or structure shall be erected or
located as an accessory structure to a TOLU.
(7)
TOLU's placed on property in excess of 180 consecutive
days must comply with the Dorchester County Floodplain Management
Ordinance, when applicable.
(8)
A zoning permit may be revoked at any time by the
Director on the basis that the TOLU appears to be used in violation
of the intent of this section. Such violations would include, generally:
(9)
No TOLU shall be permitted as an accessory to a dwelling
unless permitted elsewhere in this chapter.
(10)
A zoning permit for a TOLU is not transferable.
S.
Industrial uses and planned industrial parks.
(1)
Intent. Certain industrial uses need to be carefully designed so that they will have a positive visual, aesthetic and environmental impact on the county's open, rural landscape. To encourage such careful design, industrial uses listed below in Subsection S(2) shall meet the criteria in this section which shall be considered by the Planning Commission during its review of any site plan.
(2)
Applicability. The standards and criteria in this
subsection apply to the following industrial uses:
(3)
General criteria.
(a)
Maximum permitted coverage by impervious surfaces:
80%.
(b)
Internal circulation and ingress and egress
onto roads shall be adequate to accommodate anticipated traffic.
(d)
The Planning Commission may require that industrial
uses covered by this subsection be screened or buffered from any nonindustrial
use by a solid wall, fence, compact hedge or other treatment of appropriate
height, width and depth. Walls or fences shall be properly landscaped.
(e)
Native trees and plantings should be used wherever
possible.
(f)
Lighting shall be appropriate in scale and intensity
for the site and the vicinity and shall be directed away from adjacent
properties.
(g)
Accessory structures such as dumpsters, aboveground
tanks, meters, etc., shall be appropriately screened or landscaped.
(h)
Adequate and safe pedestrian access shall be
provided where appropriate.
(4)
Specific criteria for planned industrial parks.
(a)
Intent. The purpose of this subsection is to
encourage the design of planned industrial developments that will
provide attractive, well-serviced sites with efficient and harmonious
buildings, together with properly arranged traffic ways, parking,
loading and landscaping.
(b)
Area and bulk requirements. Each site and the
uses conducted on that site shall conform to the lot, yard and height
requirements of the district in which the planned industrial park
is located, except as follows:
(c)
Permitted uses.
[1]
In the districts where planned industrial parks
are permitted, uses that are permitted as a matter-of-right, by special
exception or as accessory uses may be conducted within the park.
[2]
Any use which would normally require a special
exception must still be granted a special exception by the Board of
Appeals before it may be conducted within the park.
[3]
Any supplementary use requirements applicable
to a specific use shall apply to that use if conducted within an industrial
park.
(e)
Open space. Open space and unpaved areas within
a site or the park shall be landscaped and maintained.
T.
Inns.
(1)
Adequate and safe public road access shall be available.
(2)
Principal and accessory uses must be identified on
the plan submitted with the special exception application. To add
new uses not approved under the original approval, a revised special
exception must be granted following all the procedures required for
granting a special exception.
(3)
Extension or enlargement of the principal structure
and all accessory structures may not exceed 50% of the gross floor
area of each individual building above that which existed at the time
of the adoption of these regulations. The exterior design of new construction
shall be architecturally compatible with any historic structures on
the site.
U.
Junk and salvage yards.
(1)
Setbacks; screening. Every junk or salvage operation
shall either be completely enclosed within a building, in which case
the applicable district regulations with regard to setbacks and security
shall apply, or be set back from every public way not less than 100
feet and shall be completely fenced. Where exposed to public view,
such fence shall be of sufficient height (at least six feet) and of
such nature as to screen the contents effectively from public view,
or the contents may be screened by dense foliage or topography. Such
fences shall be designed to prohibit unauthorized entry and shall
be kept neatly and unobtrusively painted or finished and in good condition.
(2)
Outdoor storage. No used parts, wrecked vehicles or
other junk shall be kept or displayed outdoors in front of any required
building, fence or screening, but only within a store, garage or other
related business establishment as permitted in accordance with applicable
provisions for such uses in the district regulations.
V.
Kennels. Where a kennel is approved by special exception,
the following requirements shall apply:
(1)
Area, setback requirements.
|
Number of Dogs, Not Including Dogs Under
6 Months of Age
| ||
|---|---|---|
|
7 to 10
|
More than 10
| |
|
Minimum lot size
|
3 acres
|
5 acres
|
|
Minimum setback for any outside pen or run
|
50 feet
|
200 feet
|
|
Minimum structure setback from any lot line
|
30 feet
|
200
|
W.
Land clearing debris landfills and rubble landfills.
Land clearing debris landfills and rubble landfills are subject to
the following requirements:
|
Land Clearing Debris Landfills and Rubble
Landfills
| ||
|---|---|---|
|
Commercial
|
Private
| |
|
Permitted districts
|
AC, I-1, I-2 via a floating overlay district
|
AC, I-1, I-2 by special exception
|
|
Application to
|
County Commissioners
|
Board of Appeals
|
|
Application requirements
|
Zoning application plus other requirements pursuant to § 155-40
|
Special exception application, plus preliminary
site plan, and plan of operation
|
|
Disposal area setback
|
300 feet, or less if the County Commissioners
find appropriate
|
300 feet, or less if the Board finds appropriate
|
|
Buffer around the operation
|
100-foot deep landscaped buffer or alternative
means
|
100-foot deep landscaped buffer or alternative
means
|
|
Security fence
|
Required
|
Required
|
|
Number of trucks
|
Per plan of operation
|
The Board may limit
|
|
Height limit above average natural grade
|
75 feet
|
50 feet
|
|
Associated equipment for washing, sorting, etc.
|
Permitted per plan of operation
|
Not permitted
|
|
Hours of operation
|
Per plan of operation
|
The Board may limit
|
X.
Manufactured homes. Manufactured homes, including
manufactured homes used as additions, are permitted as follows:
(1)
In all districts where new single-family detached
dwellings are permitted, provided that they meet the following standards:
(a)
Are built on permanent foundation;
(b)
Have a gabled roof with a minimum roof pitch
of 4/12;
(c)
Have a minimum floor area of 960 square feet;
(d)
The minimum width of the main structure unit
is no less than 24 feet for a continuous distance of 40 feet;
(e)
Have brick walls or lap or other conventional-type
of residential siding; and
(f)
Have a shingle or other conventional-type of
residential roof.
(2)
Manufactured homes, including mobile homes and manufactured
homes used as additions, that do not meet the above standards are
permitted only as follows:
(a)
Manufactured home overlay districts. On lots
in manufactured home overlay districts designated on the Official
Zoning Maps.
(b)
Farm manufactured homes. On farms, provided
that such homes:
[1]
Are located only on a farm as defined in this
chapter.
[3]
Are removed when no longer occupied as a residence;
and
[4]
Are limited to one manufactured home per farm,
except that additional farm manufactured homes may be permitted as
a special exception by the Board of Appeals. Such manufactured homes
shall not be regulated as a manufactured home park.
(c)
Hardship manufactured homes. On lots as a hardship
manufactured home accessory use, provided that the Board of Appeals
grants a special exception for the use based on the following required
findings and conditions:
[1]
The person in need of care, attention and supervision
is related to the applicant.
[2]
The applicant for the special exception will
be responsible for the required care, attention and supervision.
[3]
The applicant has filed a certificate from at
least one physician licensed to practice medicine in the United States
who has examined the person in need of care, attention and supervision
within 30 days prior to the filing of the application. The certificate
shall state the date of the physician's last examination of said person;
the nature of said person's disability; that, in the physician's best
judgment, said person is mentally or physically incapable of self-care;
and the probable duration of said person's disability.
[4]
The person in need of care, attention and supervision
for practical reasons, financial or otherwise, is unable to reside
elsewhere and receive the same services.
[5]
The manufactured home shall not be used as a
profitable enterprise, but the applicant shall not be precluded from
receiving reimbursement for actual expense in providing the required
care, attention and supervision to the person in need.
[6]
The applicant owns, resides or intends to reside
on the premises on which the manufactured home is to be located, and
either the applicant or the person in need of care, attention and
supervision may reside in the manufactured home.
[7]
The manufactured home shall be located within
200 feet of the principal residence on the premises and shall meet
the principal structure setbacks of the zoning district where the
home is located.
[8]
The manufactured home shall be removed within
60 days after the person in need of care, attention and supervision
dies, permanently vacates the premises or becomes capable of self-care.
(d)
Replacement of manufactured home. On lots as a replacement for a mobile home as defined in Article II, subject to the following:
[1]
Before issuing a building permit for a replacement
manufactured home the Director of Planning shall be satisfied that
the mobile home to be replaced is legally existing.
[2]
A replacement manufactured home shall be placed
approximately where the former home was located or, if the former
home was nonconforming, in a more conforming location.
(e)
Temporary or emergency housing. On lots as temporary or emergency housing subject to § 155-50GG(3)(b).
(f)
Manufactured home parks. In manufactured home
parks subject to the supplementary use regulations for manufactured
home parks.
(g)
Manufactured homes on individual lots, subject
to the following:
[Added 3-2-1999 by Ord. No. 260]
[1]
The lot or parcel was zoned to permit a manufactured
home by right prior to January 1, 1999.
[2]
The lot or parcel was approved for sanitary
waste disposal by the Dorchester County Health Department prior to
January 1, 1999.
[3]
A building permit to place the manufactured
home on the lot or parcel must be issued prior to June 30, 1999.
[4]
All other conditions, restrictions and limitations
which apply to the erection of a dwelling unit must be satisfied.
(h)
Relocated manufactured homes: on lots, subject
to the following conditions:
[Added 1-9-2001 by Ord. No. 290]
[1]
The manufactured home being relocated has legally
existed elsewhere in Dorchester County as of January 1, 1999. Manufactured
homes located in manufactured home parks are not eligible for relocation
under this exception.
[2]
The Board of Zoning Appeals grants a variance
to relocate the manufactured home.
[3]
The manufactured home to be relocated meets all of the standards set forth in § 155-50X(1), with the exception of Subsection X(1)(b) (roof pitch).
[4]
All other conditions, restrictions and limitations
which apply to the erection of a dwelling unit must be satisfied.
Y.
Manufactured home parks. Manufactured home parks shall
conform to the following provisions:
(1)
Approvals.
(a)
Approval of a manufactured home park shall be by special exception in accordance with § 155-20C(1)(b).
(b)
In granting a special exception for a manufactured
home park, the Board of Appeals may require special conditions, such
as additional setback requirements, landscaping and traffic control,
in order to safeguard the general community, health, safety and welfare.
(c)
A site plan shall be approved by the Planning
Commission.
(2)
Density, area requirements.
(a)
Manufactured home parks located in the Critical
Area Protection District shall meet all the requirements of that district.
(b)
Each home site, plot or location in a manufactured
home park shall contain not less than 7,500 square feet.
(c)
Manufactured homes, together with other buildings
on the lot, shall not occupy in the aggregate more than 25% of the
area of the lot.
(d)
No manufactured home shall be located within
20 feet of any other manufactured home or building in the park, except
for utility buildings.
(e)
Manufactured homes shall be located not less
than 60 feet from all property lines and public ways.
(f)
A minimum of 10% of the total area of the manufactured
home park, exclusive of buffer yards, shall be in accessible open
space. At least 25% of the open space shall be suitable for active
recreation. Recreation open space shall wherever possible be consolidated
into minimum ten-thousand-square-foot areas, suitably located in relation
to the homes and contiguous with adjacent open space.
(3)
Site development.
(a)
The developer shall demonstrate how the development
meets the guidelines for manufactured housing in the Dorchester County
Design Manual, with respect to street layout, site layout, buffer
yards, trees and landscaping.
(b)
All interior access drives shall be privately
owned and maintained by the owner/operator of the park. Access drives
shall be at least 20 feet wide, paved and shall be approved by the
Dorchester County Highway Department.
(c)
No manufactured home shall have direct access
onto a county or state road.
(d)
Parking shall not be allowed on internal access
drives.
(e)
Every manufactured home, together with all enclosed
extensions or structural additions, shall be installed upon an approved
anchor tiedown system and shall be securely anchored thereto so as
to prevent the home from shifting or overturning. The undercarriage
of every manufactured home shall be suitably hidden by some form of
opaque skirting.
(f)
The manufactured home park owner shall provide
central refuse collection and removal for residents.
(5)
Accessory uses and structures.
(a)
Accessory uses and structures in manufactured home parks are subject to the requirements of § 155-50A.
(b)
No manufactured home park shall include any
business or merchandising other than that which is purely incidental
and accessory to the operation of the park and is intended primarily
for its occupants. The Board of Appeals shall approve the size and
location of any such use as part of the special exception.
(6)
Enlargements; extensions.
(a)
All enlargements or extensions to existing manufactured
home parks shall require an application for a building permit as if
it were a new establishment.
(b)
No enlargement or extension to any manufactured
home park shall be permitted unless the existing manufactured home
park is made to conform substantially to all the requirements for
new parks.
Z.
Massage parlors.
(1)
The structure containing the massage parlor shall
be at least 1,000 feet from the nearest property line of any residentially
used or zoned property, church or similar place of worship, library,
school, park, playground or similar use.
(2)
Advertisements, displays or other promotional materials
of an adult nature shall not be visible from public ways.
AA.
Material storage yards. Where material storage yards
are approved by special exception the Board of Appeals may require
a setback of up to 100 feet from any property line or right-of-way.
BB.
Mineral extraction activities.
(1)
Any building housing power-driven or power-producing
machinery or equipment shall be set back at least 100 feet from all
adjacent property lines and public ways.
(2)
The extractive operations shall be confined
to areas at least 50 feet distant from all adjoining property lines
and public ways.
(3)
Where mineral extraction activities are approved
by special exception, before authorizing such use, the Board shall
obtain an adequate bond or other satisfactory guaranty to ensure the
provision of adequate fencing and the restoration of the land to a
safe and usable condition by regrading, draining, replanting or other
suitable treatment during or at the completion of the extractive operation.
CC.
Planned Unit Developments (PUD's).
(1)
Purpose. The purpose of this provision is to
encourage the design of well-planned, larger-scale residential developments
which may offer a variety of building types and attractive and efficient
overall planning in accordance with the goals of the County Comprehensive
Plan. Planned unit developments may incorporate low-intensity nonresidential
uses serving primarily local neighborhood needs. The procedures and
standards in this provision are intended to permit, upon the approval
of the Board of Appeals, diversification in the size, type and location
of structures while ensuring adequate standards consistent with the
purposes of this chapter.
(2)
Minimum development size. Twenty acres, or 5
acres for PUD's where at least 75% of the dwelling units will be housing
for elderly persons.
(3)
Maximum density. Four dwelling units per gross
acre. However, the Board of Appeals may approve a density of six dwelling
units per gross acre for PUD's or for portions of PUD's where at least
75% of the dwelling units will be retirement housing or housing for
elderly persons.
(4)
Permitted uses.
(a)
Range of uses. Planned unit developments may
incorporate uses from the following three use categories identified
in the Table of Permitted Uses by Zoning District:
(b)
Procedure for approval of specific uses.
[1]
As part of the application for the special exception
the applicant shall specify the individual uses within the three use
categories that the applicant proposes to be permitted within the
planned unit development.
[2]
The Board of Appeals, in granting a special
exception for a planned unit development, may amend the proposed list
of permitted uses based on the Board's determination of the compatibility
of the proposed uses with existing and proposed uses in the vicinity.
[3]
If the special exception is granted, only uses
specified on the list of approved uses may be permitted in the planned
unit development. To add new uses to the list of approved uses, a
revised special exception must be granted following all procedures
required for granting a special exception.
(5)
Area limitations within a planned unit development.
(a)
Nonresidential. A maximum of 20% of the total
land area of a planned unit development may be used for nonresidential
uses.
(b)
Open space. A minimum 20% of the total area
of a planned unit development shall be in accessible open space. At
least 50% of the open space shall be suitable for active recreation.
Recreation open space shall, wherever possible, be consolidated into
minimum ten-thousand-square-foot areas, suitably located in relation
to the homes and contiguous with adjacent open space.
(6)
Lot size. No minimum requirement.
(8)
Access roads. Planned unit developments are considered to be multiple uses subject to the access requirements of § 155-48.
(9)
Apartments and single-family attached units. Apartment and single-family attached units in planned unit developments shall meet the requirements for architecture and external lighting specified for those uses in Article IX, Supplementary Use Regulations.
(10)
Applicability of other regulations. In regulating
the development of planned unit developments, the provisions of this
section shall first apply, but when a matter is not specifically regulated
by this section, then the other provisions of this chapter and of
the district in which the planned unit development is located, including
any supplementary districts, shall apply.
(11)
Application requirements.
(a)
The applicant for a special exception for a planned unit development shall submit plans in sufficient detail to permit the Board to determine whether the development will meet the purpose of the planned unit development provisions of this chapter. The minimum standard for these plans is a site plan meeting the requirements for preliminary site plans set forth in Article VIII.
(b)
In addition to a site plan, the following additional
information is required:
[1]
A location map showing the relation
of the site to property in the vicinity of the site.
[2]
The proposed traffic circulation
system, including the general location of proposed roads and points
of access to existing roads.
[3]
Land uses that the applicant proposes to be permitted within the planned unit development [see § 155-50CC(4)].
[4]
A draft of any proposed protective
covenants whereby the owner proposes to regulate land use, otherwise
protect the proposed development and maintain any services, structures,
landscaping or other properties.
[5]
A draft of any proposed incorporation
agreements and a draft of any bylaws or easement declarations concerning
ownership, control and maintenance of recreational and other common
facilities.
(12)
Approval requirements.
(a)
Before granting a special exception for a planned
unit development the Board of Appeals shall be satisfied that the
purpose of the planned unit development provisions of this chapter
will be met by the proposed development.
(b)
In granting special exceptions for planned unit
developments, the Board of Appeals may require special conditions
to be met, such as additional setback requirements, landscaping and
traffic control, in order to safeguard the general community, health,
safety and welfare.
DD.
Poultry and hog houses, commercial horse and dairy
barns and manure storage and composting structures, feeding lots,
agricultural lagoons and other uses involving the concentrated handling
or containment of animals and their waste.
(2)
All such uses shall be located at least 200
feet from any property line or public way. However, the Director of
Planning may authorize a reduction to the setback for poultry houses,
horse barns and structures for the storage of animal manure down to
100 feet, provided that:
(a)
The structure is at least 200 feet from any
public way;
(b)
There are no existing dwellings on neighboring
properties within 200 feet of the proposed structure; and
(c)
All property owners whose property lines will
be less than 200 feet from the structure must grant written notarized
consent for the reduced setback.
EE.
Retail stores and shopping centers, including large
highway-oriented retail stores.
(1)
Intent. Retail stores and shopping centers,
especially large highway-oriented retail stores, need to be carefully
designed so that they may have a positive visual, aesthetic and environmental
impact on the county's open, rural landscape. To encourage such careful
design, retail stores and shopping centers shall meet the following
criteria which shall be considered by the Planning Commission during
its review of any site plan.
(2)
General criteria. The following general criteria
shall apply:
(a)
Maximum lot coverage by structures: 25%.
(b)
Maximum coverage by impervious surfaces: 80%.
(c)
Internal circulation and ingress and egress
onto roads shall be adequate to accommodate anticipated traffic.
(d)
Adequate and safe pedestrian access shall be
provided.
(e)
Parking and loading areas shall be landscaped to reduce the visual and environmental impacts of large parking areas. See § 155-55B.
(f)
The Planning Commission may require that retail
stores be screened or buffered from any noncommercial or industrial
use by a solid wall, fence, compact hedge or other treatment of appropriate
height, width and depth. Walls or fences shall be properly landscaped.
(g)
Native trees and plantings should be used wherever
possible.
(h)
Accessory structures such as dumpsters, aboveground
tanks, meters, etc., shall be appropriately screened or landscaped.
(i)
Lighting shall be appropriate in scale and intensity
for the site and the vicinity and shall be directed away from adjacent
properties.
(3)
Specific criteria for neighborhood shopping
centers and retail stores.
(a)
The developer shall demonstrate how the development
meets the guidelines for rural commercial development in the Dorchester
County Design Manual, with respect to scale, orientation, site layout,
circulation, parking, and trees and landscaping.
(b)
The developer of a large highway-oriented retail
store shall soften the potential negative impact of such development
through means such as:
(4)
Specific criteria for other shopping centers.
(a)
Minimum lot size: five acres.
(b)
The shopping center shall consist of a group
of establishments of integrated and harmonious design, together with
adequate and properly arranged traffic and parking facilities and
landscaping, which will be an attractive, efficient, convenient, pleasant
and safe center.
GG.
Temporary uses, buildings and structures.
(1)
Carnivals, fairs, gatherings, revivals and similar
uses. Carnivals, fairs, gatherings, revivals and similar uses sponsored
by and operated on a nonprofit basis for the benefit of charitable,
civic, educational, religious or social organizations are permitted
by right in all districts, provided that:
(a)
The operator obtains all permits required by
county or state law.
(b)
The use shall operate for a period of time not
to exceed 16 days per event.
(c)
All structures, materials and equipment shall
be removed from the site within seven days of the closing of the event.
(d)
An event shall not be held more than once in
any thirty-day period.
(3)
On-site buildings and structures.
(a)
Temporary construction structures.
[1]
Temporary buildings and structures, including
manufactured homes and recreational vehicles or trailers, may be erected
or placed on sites by right in all districts if such buildings or
structures are incidental to construction work on the premises.
[2]
Such temporary buildings or structures shall
be placed on a construction site only after the Director of Planning
has issued a building permit for the on-site construction to be performed.
[3]
When such construction work is completed or
abandoned, when the building permit expires or is revoked, or in 12
months from the date of placement on the site, whichever comes first,
such building or vehicle shall be removed, unless the Director of
Planning, for good cause, grants an extension.
(b)
Emergency housing.
[1]
If an occupied single-family dwelling in any
district shall burn, flood or be otherwise damaged or destroyed by
any cause to a degree so as to make it unsafe or unhealthy for human
occupancy, nothing in this chapter shall prohibit the placement of
a manufactured home or recreational vehicle or trailer, if approved
by the Director of Planning, on the premises for the purpose of providing
emergency housing for the displaced occupants.
[2]
The unit shall be removed from the site when
the damaged dwelling is restored or within 12 months, whichever comes
first, unless the Director of Planning shall grant an extension, which
shall be limited to not more than an additional six months' duration.
(c)
Bulk regulations for temporary buildings and
structures. Temporary buildings and structures shall meet the bulk
regulations for the district where they are located, except that the
Director of Planning may, for good cause, permit temporary buildings
and structures to be located within a required yard. The Director
may prescribe appropriate conditions to such a permit pertaining to
access, duration, screening and the like.
(4)
Temporary off-site construction structures and
uses. Temporary structures and uses for construction purposes, including
but not limited to manufactured homes, recreational vehicles, trailers
and storage areas, may be erected, located or placed on sites in all
districts, even if not located on the actual construction site, if
granted approval by the Board of Appeals as a special exception. The
following provisions must be met:
(a)
The structures and uses are necessary for the
construction of a public project.
(b)
The structures and uses shall be allowed for
work only on the public project.
(c)
The structures and uses shall be allowed only
for the contract specifically identified in the hearing before the
Board of Appeals.
(d)
All structures and uses must be removed or terminated
within 30 days of the completion of the work on the public project.
(e)
The applicant must provide a sketch and identification
of the temporary structures and uses, along with the application for
the hearing before the Board.
(f)
The applicant must provide written reports from
other applicable county agencies stating their acceptance of the temporary
structures and uses on the proposed site.
(5)
Other temporary uses.
(a)
Authorization. The Board of Appeals may approve
a special exception for a temporary use of land, in any district,
for a period not exceeding 60 days, provided that the land shall be
entirely cleared of such use within five days after such approval
expires. Extensions of the temporary use may be granted by the Board
for periods not exceeding 60 days each, in accordance with the procedures
for the original temporary use approval.
(b)
Criteria for approval. When considering a special
exception for temporary use of land, in addition to the general standards
for granting a special exception, the Board of Appeals shall be satisfied
that the use does not require significant or permanent changes to
the existing topography, vegetation, structures or other features
of the site.
HH.
Wastewater treatment plants. Where permitted by special
exception, the following requirements shall apply:
(1)
Wastewater treatment plants shall be located
not less than 500 feet from any adjacent property lines or public
ways, provided that the Board of Appeals affirmatively finds that
such plant will not adversely affect any other property and any stream,
river, bay or other waters of the county.
(2)
The five-hundred-foot setback may be waived
by the Board of Appeals after review and recommendation by the Planning
Commission if, in the Board's judgment, a lesser setback is adequate
to protect the adjacent properties and the general public; however,
in no case shall the setback be less than the minimum yard requirements
prescribed for the district in which the plant is located.
II.
Waterfront structures.
[Amended 8-16-2005 by Bill No. 2005-11]
(1)
Purpose. In order to prevent the undue crowding
and congestion of the County waterways, to maintain the safety of
boaters, to control pollution and to maintain the beauty of the waterfront,
the following restrictions shall be placed upon waterfront structures,
such as docks, piers, slips, and shore erosion protection devices.
(2)
Size, setbacks, compensation.
(a)
Waterfront structures shall not extend into
any body of water more than 1/2 the distance from the mean high water
line to the center line of the body of water upon which the structure
is situated. However, the Board of Appeals may approve a variance
to allow a greater extension.
(b)
Structures on piers are not permitted.
(c)
No waterfront structure, including mooring poles,
shall occur closer than 25 feet to any side lot line or any divisional
line extended into the water in accordance with the rules established
herein. This setback may be reduced if a notarized letter of no objection
is obtained from the adjacent property owner.
(d)
It shall be permissible for two adjacent waterfront
owners to build a single private and shared dock beginning at their
joint property line, instead of individual private docks. The rights
of access to such shared dock shall be spelled out in properly witnessed
and recorded covenants.
(e)
For the purpose of defining boundaries within
which waterfront construction may take place, divisional lines shall
be established in accordance with the following rules:
[1]
With straight shorelines, the divisional lines
are established by extending a line perpendicular to the shoreline.
Where it is practical to do so, the property boundary line shall be
extended as a straight line into the water.
[2]
With irregularly shaped shorelines, the divisional
lines are established using this formula: Draw a baseline between
the two corners of each lot at the mean low water line. Then, extend
a line perpendicular to the baseline at each property corner out into
the water at right angles to the baseline. If, because of the irregular
shape of the shoreline, the extended lines are not parallel to each
other, the area excluded shall be equally divided between the two
adjoining property owners. An illustration of this methodology is
shown on the attached Waterfront Construction Diagrams.
(f)
It shall not be permitted for the owner or
owners of a private dock or boathouse to receive compensation for
use of their private dock or boathouse.
(g)
All waterfront structures are subject to appropriate
state and federal permits.
(3)
Setback from naturally occurring or man-made
ponds. Structures shall be set back a minimum 60 feet from naturally
occurring or man-made ponds, except that the Director of Planning,
or the Planning Commission for a development that requires its approval,
may permit a lesser setback if a reduction will be consistent with
the purposes of this chapter.
 |
 |
JJ.
Farm
winery.
[Added 2-3-2009 by Bill No. 2009-1]
(1)
General requirements.
(a)
A farm winery shall be located on a parcel of land of at least
five acres, and the farm winery shall produce no more than 2,000 gallons
of wine for every acre of grapes or other fruit planted on the property
or obtained from other property which is under the control of the
winery owner.
(b)
Grapes, fruit, or juice used for processing of wine may be contracted
for purchase from off-site locations, however after an initial five-year
start up period, at least 50% of the grapes or other fruit that is
processed into wine at the winery shall be grown on site or obtained
from other off-site locations under the control of the winery owner.
(c)
The minimum setback from any lot line for a structure, storage,
parking, or loading area shall be 200 feet.
(d)
Wholesale and retail sales of wine, grape, or fruit products
produced on the premises is allowed. Retail sales of merchandise or
items other than wine is allowed within the tasting room, and must
be directly related to the winery and limited to items like souvenirs,
clothes bearing the winery logo, or other wine-related items.
(e)
Areas designated for wine tasting (tasting rooms) are allowed
and shall not exceed 50% of the total gross floor area of the principal
building used for processing of wine or 2,000 square feet, whichever
is less.
(f)
Snack foods or prepackaged foods like sandwiches, soups, or
salads that are consumed on the premises are allowed. A commercial
restaurant shall be expressly prohibited in the RC and AC-RCA (Critical
Area) Zoning Districts. A commercial restaurant in the AC Agricultural
Conservation Zoning District may be permitted if a special exception
is granted by the Board of Zoning Appeals.
(g)
Promotional or special events, such as, but not limited to,
wine festivals, publically advertised functions, conferences, workshops,
fund-raising or charitable functions, weddings, receptions, social
events or cultural exhibits where the number of persons in attendance
at any given time exceeds 200 persons shall be restricted to eight
events per calendar year. Smaller less attended functions, such as,
but not limited to, wine tastings, private parties, winery tours,
meetings or picnics are permitted without limitation on the number
of events.
(h)
On-site parking shall be provided in accordance with Article XI, Parking and Loading. The number of parking spaces provided shall be one space per 300 square feet of principal building area, including tasting room, reception area, offices, laboratory, and other administrative and public areas. One space shall also be provided per two employees. Additional parking for promotional or special events may utilize temporary, overflow parking areas.
(i)
On-site signage shall be in accordance with Article XII, signs. One nonilluminated on-site sign advertising the authorized use (farm winery) may be allowed. The maximum sign area shall not exceed 32 square feet, and the maximum sign height shall not exceed eight feet.
(j)
Vehicular access to the farm winery shall connect directly to
a public road that has been designated by the County as a major or
minor collector road, or a limited access roadway.
(k)
The farm winery shall be consistent with and support the farm
and its production, and shall not interfere with the implementation
of soil conservation and water quality best management practices.
The winery shall minimize impacts to sensitive natural resources on
the farm, such as floodplains, wetlands or stream buffers.
(l)
The farm winery shall be operated in accordance with all local,
state, and federal laws, and shall be compatible with the rural. Character
of the farm and the surrounding area.
KK.
Small
wind energy system.
[Added 8-11-2009 by Bill No. 2009-8]
(1)
General requirements.
(a)
Excluding finishes, coatings or coverings applied by the manufacturer,
wind turbines shall be painted a nonreflective, nonobtrusive color.
Small wind energy system towers shall maintain a galvanized steel,
brushed aluminum or white finish, unless FAA standards require otherwise.
(b)
Small wind energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer,
and shall not be artificially lighted except to the extent required
by the FAA or other applicable authority.
(c)
A small wind energy system shall be located on a lot or parcel
as an accessory use. Only one small wind energy system shall be permitted
on a lot or parcel one acre or smaller in size.
(d)
On a lot or parcel one acre (43,560 square feet) or smaller
in size, the total height of a small wind energy system, including
the wind turbine, tower, and base, shall not exceed a maximum height
of 80 feet. For a lot or parcel greater than one acre in size, the
total height shall not exceed the height recommended by the manufacturer
or distributor of the system or any limitation imposed by FAA regulations.
In no case shall the total height of any small wind energy system
exceed 200 feet, and tower loading shall not exceed manufacturer or
distributor recommendations.
(e)
For properties (lots or parcels) located within the designated
AP Airport Protection District, the total height of small wind energy
systems shall comply with the standards of the Airport Protection
District.
(f)
Each small wind energy system shall be set back a distance equal
to its total height plus 20 feet from all property lines, public road
rights-of-way, and from any above ground (overhead) public utility
lines, such as electric power or telephone communication lines.
(g)
A wind turbine blade tip shall, at its lowest point, have a
ground clearance of no less than 20 feet, as measured at the lowest
point of the arc of the blades. wind turbine towers shall not be climbable
up to 12 feet, or shall have removeable climbing features below 12
feet.
(h)
No small wind energy system shall be erected, constructed, installed
or modified as provided in this section without first obtaining a
building and electrical permit. All such wind energy systems shall
be constructed and operated in accordance with all local, state, and
federal laws.
(i)
Appropriate warning notice (ie., electrical hazards) shall be
placed on small wind energy systems. All access doors to wind turbine
towers and electrical equipment shall be lockable.
(j)
Any small wind energy system found to be abandoned or unsafe
by the Building Official shall be repaired or removed by the landowner.
A small wind energy system that fails to operate and is out-of-service
for a continuous twelve-month period will be deemed to have been abandoned.
(k)
Except in mapped buffer exemption areas (BEA) and in accordance
with buffer exemption area criteria, small wind energy systems shall
not be located within the Chesapeake Bay Critical Area tidewater buffer.
LL.
Solar energy systems, utility scale.
[Added 10-18-2011 by Bill No. 2011-7]
(1)
General requirements.
(a)
A solar collection device or combination of devices shall be
designed and located to avoid glare or reflection onto adjacent properties
and adjacent roadways and shall not interfere with traffic or create
a safety hazard.
(b)
Solar energy systems, utility scale, shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operation, and shall not be artificially lighted except to the
extent required for safety, maintenance, or temporary repair.
(c)
All solar energy systems, utility scale, shall be located on
property with a minimum lot or parcel size of 25 acres or more and
only as a special exception use.
(d)
Solar energy systems, utility scale, including the solar collection
devices or combination of devices shall not exceed the height recommended
by the manufacturer or distributor of the system. In no case shall
the total height of any solar energy system, utility scale, exceed
45 feet in the AC, AC-RCA, or RC Agricultural and Resource Zoning
Districts, 45 feet in the B-2 General Business District, and 50 feet
in the I-1 and I-2 Industrial Zoning Districts.
(e)
All solar energy systems, utility scale, shall be screened from
the ground floor of any adjacent or abutting existing residential
dwelling unit. The screening shall consist of a vegetated buffer that
forms a landscaped strip at least 50 feet in depth. This screening
shall be maintained with a buffer of plant material (trees and shrubs)
that is mature enough to effectively screen year round (to a minimum
eight feet above-ground level) the view of the solar energy facility.
The amount and extent of the required screening will be determined
by the Planning Commission as part of the site plan review process.
When conditions on adjacent land are present such as existing forest,
woodland, wetlands, open field or cropland, such that the landscaped
strip serves a minimal or no purpose, the Planning Commission may
reduce or waive this screening requirement at its discretion.
(f)
Each solar energy system, utility scale, use, including solar
collection devices, associated buildings, and accessory structures,
shall meet the principal structure minimum yard depth requirements
(setbacks) for the assigned zoning district.
(g)
All structures associated with the solar energy system, utility
scale, shall be neither visually intrusive nor in appropriate to their
setting. They shall not unreasonably interfere with the view of, or
from, sites of public interest such as public parks, designated scenic
byways, historic structures, or the chesapeake bay and its tributaries.
(h)
Existing vegetation may be removed only as authorized during the site plan review process. All areas disturbed shall be minimized, and any removal shall be mitigated on a one-to-one square footage basis for all disturbance. Planting for a screening buffer installed in conjunction with Subsection E of this section may be credited toward this one-to-one mitigation requirement.
(i)
On-site power lines, excluding solar array or solar panel wiring,
shall be placed underground except where necessary to connect to the
public utility. Electrical transformers for utility interconnections
may be above the ground if required by the public utility. Appropriate
warning notice (i.e., electrical hazards) shall be placed on solar
energy systems, and all access doors and electrical equipment shall
be lockable.
(j)
No solar energy system, utility scale, shall be erected, constructed,
installed or modified as provided in this section, without first obtaining
a building and electrical permit. All such solar energy systems shall
be constructed and operated in accordance with all local, state, and
federal laws.
(k)
Solar energy systems, utility scale, site plan submittal requirements
shall include a site plan showing roads, landscape buffer screening
areas, location of all structures, location of all solar panels or
solar arrays, and distance to property lines (setbacks), drawings
or blueprints of solar panels and arrays along with documentation
of land ownership and authorization or consent of the landowner to
permit installation of the use are also required. A planting plan,
signed planting and maintenance agreement, and security at the rate
of $0.40 per square foot or in the amount of 120% of the cost of labor
and material to guarantee all planting for two years shall be submitted
prior to building permit approval.
(l)
Any solar energy systems, utility scale, found to be abandoned
or unsafe by the Building Official shall be repaired or removed by
the landowner. A solar energy system that fails to operate and is
out of service for a continuous twelve-month period will be deemed
to have been abandoned.
(m)
Solar energy systems, utility scale, uses located within the
chesapeake bay critical area shall also be subject to those critical
area criteria.
(n)
Owners or operators of solar energy systems, utility scale,
shall submit to the Office of Planning and Zoning no later than July
1 of each year the current status and operation of the installation
and any change of ownership or management of the facility.
MM.
Produce market.
[Added 7-15-2014 by Bill
No. 2014-8]
(1)
General requirements.
(a)
A produce market shall be located on a parcel of land of at least three acres. The floor area of the portion(s) of the principal structure devoted to the indoor sale and display of consumer agricultural products shall not exceed 15,000 square feet. Accessory structures utilized in connection with the retail operation shall not exceed a total of 12,000 square feet, which limitation shall not apply to accessory structures also associated with agricultural production, including greehouses. Structures not utilized in connection with the retail operation shall not be subject to any size limitation under this § 155-50MM.
(b)
The sale of snack foods or prepackaged foods and drinks and
limited food preparation related items, such as baked goods, ice cream,
sandwiches, soups, barbeque, or salads, is permitted for consumption
on- or off-premises. A produce market may include seating areas for
food consumption, but may not include a full-service, sit-down restaurant.
(c)
Retail sales of merchandise other than consumer agricultural
products are permitted, provided that the annual retail sales of such
goods shall not exceed 30% of the total annual revenue generated by
the produce market. Such merchandise may include, but is not limited
to, produce market-branded products, seasonal decorations, mulch,
compost, fertilizer, straw, gardening merchandise, and other similar
or related products.
(d)
Agritourism and agritainment activities and promotional or special
events, private or public, are permitted without limitation. Such
activities and events may include, but are not limited to, seasonal
festivals, product tastings, harvesting, cooking, or processing demonstrations,
farm-to-table events, catering, pick-your-own fruits and vegetables,
cut-your-own christmas trees, interactive animal displays, seasonal
outdoor mazes of agricultural origin (corn, milo, or straw bales),
children's play areas, wagon and tractor rides, market tours, field
trips, classes, meetings, parties, and picnics, bonfires and other
similar activities, events and experiences.
(e)
The minimum setback from any lot line for a principal structure
and any accessory structures associated with the retail operation
shall meet the principal structure minimum yard depth requirements
(setbacks) for the zoning district. Produce markets that are within
100 feet of an existing residential dwelling on an adjacent lot or
parcel shall be screened unless the required screening is waived by
the owner of the adjacent residence in a writing recorded among the
land records of Dorchester County. If required, the screening shall
consist of a vegetated buffer that will form a landscaped strip at
least 50 feet in depth. This screening shall be maintained with a
buffer of plant material (trees and shrubs) that will effectively
screen year-round (to a minimum height of eight feet above ground
level at maturity) the view of the produce market principal structure(s)
and parking area from such dwelling. If the landscape buffer would
provide little or no benefit due to existing conditions, such as but
not limited to existing forest, woodland or wetlands, the Planning
Commission may reduce or waive this screening requirement.
(f)
On-site parking shall be provided in accordance with Article XI, Parking and Loading. The number of parking spaces provided shall be one space per 300 square feet of principal building area. One space shall also be provided per two employees. Additional parking for promotional or special events may utilize temporary overflow parking areas, which need not be surfaced in gravel or asphalt.
(g)
On-site signage shall be in accordance with Article XII, Signs. One nonilluminated on-site freestanding sign advertising the produce market use is permitted. The maximum freestanding sign area shall not exceed 32 square feet, and the maximum sign height shall not exceed eight feet. One flat wall sign not to exceed 32 square feet is also permitted. Temporary on-site signs may be used to provide directions and wayfinding for parking, pedestrians, and u-pick and seasonal activities. Produce-related sculptures and displays are permitted without limitation.
(h)
Vehicular access to the produce market shall connect directly
to a public road designated by the County as a major or minor collector
road, or a limited-access roadway.
(i)
The produce market shall not interfere with the implementation
of soil conservation and water quality best management practices and
shall minimize impacts to sensitive natural resources on site, such
as floodplains, wetlands and stream buffers.
(j)
The produce market shall be operated in accordance with all
local, state, and federal laws.
(k)
The appearance of the primary structure(s) utilized for the
produce market shall be compatible with the rural character of the
surrounding area.
NN.
Retreat center or camp.
[Added 4-7-2015 by Bill
No. 2015-3]
(1)
General requirements.
(a)
A retreat center or camp must be located on a parcel or parcels
of land consisting of at least 700 contiguous acres, either owned
or leased by the operator.
(b)
A retreat center or camp may not be utilized by the general
public for meals or overnight accommodations.
(c)
Food services shall be limited to the operation of the retreat
center or camp and shall be provided only for program participants
and staff. The sale of individual meals may be offered only to family
members or guardians of program participants.
(d)
Recreational activities may include sports (ball fields, volleyball,
tennis and basketball courts); arts and crafts; adventure and ropes
courses; climbing walls and towers; swimming pools; water slides;
zip line trails; swings; hiking, biking, equestrian and ATV trails;
equestrian activities, go-cart courses; and other activities having
similar impacts or characteristics. All structures and improvements
typically associated with such activities or uses are permitted. Subject
to compliance with any approval conditions, archery or shooting sports
may be conducted as part of a retreat center or camp if such activities
are specifically approved by the board of appeals.
(e)
Principal kitchen and dining facilities shall be in centrally
located building(s), but staff housing units may have their own self-contained
kitchens.
(f)
Housing for participants may include such accommodations as
lodges, cabins, dormitories, tents, campgrounds, and other temporary
quarters.
(g)
Housing for staff may be provided in any accommodations listed in Subsection NN(1)(f) or in permanent residences.
(h)
The number of overnight participants that may be accommodated
per retreat center or camp shall be determined by the Board of Appeals,
but shall not exceed 800 camp participants. However, if approved by
the county Board of Appeals, the number of overnight participants
of a retreat center or camp may exceed the approved number for up
to eight nights during any calendar year.
(i)
A commercial campground shall not be established in conjunction
with a retreat center or camp. Recreational vehicles may be occupied
by staff or volunteers for a continuous period not to exceed 150 days,
provided that the recreational vehicles are:
(j)
No retreat center or camp participant (excluding staff and volunteers)
may remain on the property for more than 30 days in any calendar year.
The intent of this section is to allow short-term recreational occupancy
of the property and to prohibit extended residency by individuals
other than staff or volunteers.
(k)
The following structures and uses are also permitted: general
stores and snack bars for service to participants, staff and volunters
only; bathing facilities; laundry facilities; recreational facilities;
camp activity buildings; covered pavilions; administrative, maintenance
and storage buildings; permanent structures for administrative services,
first aid, equipment and supply storage; infirmary, which may provide
sleeping quarters for the medical care provider, (e.g., doctor, registered
nurse, emergency medical technician, etc.); and other structures and
uses accessory to the retreat center or camp use.
(l)
Management of the property shall provide twenty-four-hour on-site
supervision during operation of the retreat center or camp. Management
of the property shall maintain an up-to-date register indicating the
names of participants, and the assigned lodging, permanent address,
and dates of arrival and departure.
(m)
Site plan approval is required for the establishment of any
new retreat center or camp. Retreat center or camp structures shall
comply with the setbacks of the applicable zoning district(s), except
that the Board of Appeals may establish greater setbacks for ATV trails,
go-cart courses and shooting ranges when approving or modifying a
special exception authorizing the retreat center or camp use. The
retreat center or camp shall minimize impacts to sensitive natural
resources on the site such as floodplain, wetlands, stream buffers
or waterways.
(n)
A retreat center or camp does not include any manner of detention
center, detention facility or substance abuse rehabilitation facility.
[1]
Editor's Note: See the Table of Permitted
Uses by Zoning District, located at the end of this chapter.
