[HISTORY: Adopted by the Board of County
Commissioners of Queen Anne's County 1-6-2004. Amendments noted where
applicable.]
In Chapter 18, the following words have the meanings indicated:
Having a common border with, or being separated from such
a common border by an alley, easement, or right-of-way.
The lot that is the sole access to an adjacent lot and by
which pedestrians and vehicles shall have safe, adequate and usable
ingress and egress to a property or use.
A structure that:
Is subordinate to and serves a principal building
or a principal use;
Is subordinate in area, extent and purpose to
the principal building or use served;
Is located on the same lot as the principal building or use served except as otherwise expressly authorized by provisions of this Chapter 18; and
Is customarily incidental to the principal building
or use.
Does not include any portion of a principal
building devoted or intended to be devoted to an accessory use.
A dock for not more than 10 boats that:
A use that:
Is subordinate to and serves a principal structure
or a principal use;
Is subordinate in area, extent and purpose to
the principal structure or use served;
Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by this Chapter 18; and
Is customarily incidental to the principal structure
or use.
An area of land equal to 43,560 square feet.
The modification of a building to make it suitable for a
use for which it was not originally constructed. An adaptive reuse
shall not increase the floor area of the existing building by more
than 25%.
[Added 9-7-2004 by Ord. No. 04-11]
The adjustment, movement or elimination of a common property line between two or more existing lots of record as authorized by this Chapter 18.
The County Commissioners, the Planning Commission, the Department of Planning and Zoning, the Department of Public Works and any other agency or department of the United States, the state or the County that participates in any review or approval authorized by this Chapter 18.
Any elected or appointed official of an agency, any salaried
or contractual employee of an agency and any attorney or agent of
an agency.
A residential complex containing multifamily or apartment
dwellings designed for and occupied by persons of 55 years or older.
Such facilities may include a congregate meals program in a common
dining area.
[Added 7-10-2012 by Ord. No. 12-02]
A single facility or building located on agricultural land to facilitate and house agricultural meetings and conferences and other activities as permitted by § 18:1-95P.
[Added 9-5-2006 by Ord. No. 06-10]
A nonpossessory interest in land recorded among the land
records of Queen Anne's County that restricts land to agricultural
uses and has been approved by MALPF, MET, Eastern Shore Land Conservancy,
or similar government or nonprofit land conservancy agency or group.
A service or activity performed in connection with the:
Cultivation of soil or the raising, harvesting,
handling, planting, drying, packing, packaging, processing, freezing,
grading, storing or delivering to storage or to market or to a carrier
for transportation to market an agricultural or horticultural commodity
in its unmanufactured state;
Raising, sharing, feeding, caring for, training
and management of livestock, bees or poultry; or
Operation and maintenance of ditches, canals,
waterways or reservoirs used exclusively for supplying or storing
water for farming purposes.
The care, breeding, boarding, rental, riding or training
of equines and other farm animals or the teaching of equestrian skill
and open houses, clinics and demonstration.
[Added 2-24-2009 by Ord. No. 09-01]
A competition, exhibition, or other display of skills on
private lands, where an admittance fee is charged for spectators.
[Added 2-24-2009 by Ord. No. 09-01]
Any private land area, building or structure that is used
for an agricultural/equestrian event.
[Added 2-24-2009 by Ord. No. 09-01]
A commercial facility that stores or sells only
agricultural equipment or products (e.g., fertilizer, grain, or seed)
or processes agricultural products not grown on site.
Includes, but is not limited to, agricultural
tourism (e.g., farm tours, summer camps and bird watching), grain
elevators, seed-drying operations, heavy farm equipment sales, and
seed, fertilizer, and agricultural chemical supply stores.
All methods of production or management of livestock, poultry,
crops, vegetation and soil, other than commercial logging and timber
harvesting operations; and includes but is not limited to:
Tillage, plowing, seeding, fertilization, pest
control, harvesting, maintenance of best management practices, and
marketing;
Feeding, housing, grazing, raising, and maintaining
animals such as cattle, dairy cows, sheep, hogs, poultry and equine
and the handling of their by-products;
Orchards, nurseries, vineyards, cheese making,
winery, U-pick operations, and farm breweries; and
[Amended 3-21-2017 by Ord. No. 16-21]
Silviculture, sod production, and aquaculture.
A use that supports airport operations, including but not
limited to aircraft repair and maintenance, flight instruction, and
aircraft chartering, aircraft rental, and any other activity which
has a direct relationship to the operation of aircraft.
[Added 8-24-2010 by Ord. No. 10-10]
A service way providing a secondary means of access to abutting
property and not intended for general traffic circulation.
Any change, addition or modification to the provisions of this Chapter 18 or the official Zoning Maps.
A natural or man-made feature that enhances a site.
A level open space surrounded by an oval or portion thereof
that gradually ascends used for seating people on the sloping area
for viewing of outdoor events.
[Added 2-24-2009 by Ord. No. 08-19]
A dwelling unit in a building containing three or more dwelling
units that the occupants rent or lease from the owner of the dwelling
unit.
An agriculture activity associated with the hatching, raising,
harvesting, and breeding of fish or other aquatic plants or animals
in natural or artificial aquatic situation that requires a body of
water, such as a holding tank, pond, or lake, which can be naturally
occurring or created by extraction activity.
A continuous, semicovered area, adjacent to public pedestrian
areas.
A road intended to provide for high-speed travel
between or within communities or to and from collectors and expressways.
Access is controlled so that only regionally significant land uses
may take direct access to these streets.
Arterial highways are designated in the Queen
Anne's County Comprehensive Plan.
A road that:
Has the same meaning as "arterial road."
A residential or facility-based program that meets the requirements
of § 19-801, Health-General Article, Annotated Code of Maryland,
as amended from time to time.
[Added 9-7-2004 by Ord. No. 04-28]
The space between the ceiling beams of the top story and
the roof rafters.
The offering for sale of new and used goods by means of a
request or invitation for bids, but does not include retail stores.
A fee paid by a participant attending an educational event
or activity for instruction who does not bring an animal.
[Added 2-24-2009 by Ord. No. 09-01]
A sign that provides special information, such as direction,
tenant directions, hours of operation, or warnings and that does not
include names, brand names or information regarding product lines
or services.
The average level of the finished surface of the ground within
20 feet of a building or structure.
A sit-down eating and/or liquor sales establishment designed
primarily for conducting weddings, receptions, parties and similar
functions. Accessory activities, such as entertainment scheduled in
conjunction with reserved events may be permitted.
[Added 2-24-2009 by Ord. No. 08-19]
The portion of a building located partially underground,
having less than 50% of its clear floor-to-ceiling height below grade
and a floor-to-ceiling height of not less than 6 1/2 feet.
The total site area less any portion of the site located
in another zoning district.
A residential building:
That contains a permanently occupied dwelling
unit;
That contains no more than five guest rooms,
which may not have individual exterior entrances;
That provides overnight lodging not exceeding
30 consecutive days; and
Where guests may receive only one meal per day,
to be served between the hours of 6:00 a.m. and 11:00 a.m.
A room in a residence marketed, designed or otherwise likely
to function primarily for sleeping.
Conservation practices or systems of practices
and management measures that control soil loss and reduce water quality
degradation caused by nutrients, animal waste, toxic substances and
sediment.
Agricultural BMPs include, but are not limited
to, strip cropping, terracing, contour stripping, grass waterways,
animal waste structures, ponds, minimal tillage, grass and naturally
vegetated filter strips, and proper nutrient application measures.
A landscaped area of land along certain zoning district boundaries
and streets, and between certain uses, designed to eliminate or minimize
potential nuisances and to ensure desired character along public streets.
The Building Code of Queen Anne's County, adopted by the
County Commissioners on January 3, 1984, as amended.[1]
The vertical distance as measured from the average
ground elevation to the highest point of the structure with a flat
or sloped roof; and
On structures with pitched or gabled roofs,
the vertical distance as measured from the average ground elevation
to a point halfway between the eaves and the top of the pitch or gable;
and
Steeples, cupolas, and chimneys that are of
limited size that do not contribute to mass and bulk are not subject
to the building height; or
Except as otherwise provided herein.
A day of the week, excluding Saturday, Sunday and designated
holiday observances, on which the office of the Clerk to the County
Commissioners is open during its customary hours of 8:00 a.m. through
4:30 p.m.
An off-premises sign that provides information on one or
more businesses intended to provide locational information to travelers
on designated arterial roads.
The diameter measured two inches above the root collar.
A telecommunications facility that is disguised, hidden,
or integrated within a structure that is not a tower, or is mounted
within trees so as to be screened from view. Examples of camouflaged
facilities include, but are not limited to, those incorporated into
a flagpole with a flag, steeple, chimney, or similar structure.
A commercial, for-profit area used for camping and/or recreational
vehicles, limited to tenancies of not more than 30 calendar days.
A seasonal, nonprofit campground organized as a cooperative housing corporation that does not offer short-term campsites for rent to members of the public, whose members hold long-term leases for campsites, that does not allow year-round residency, and that includes recreational amenities and administrative structures available only for use where only recreational vehicles as defined in § 14:3-12B and tents are allowed and only by members of the cooperative housing corporation.
[Added 3-26-2024 by Ord. No. 24-02]
[Added 4-11-2017 by Ord.
No. 17-06; amended 3-12-2024 by Ord. No. 24-04]
The plant Cannabis sativa L. and any part of the plant, including
all derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol
concentration greater than 0.3% on a dry weight basis.
Includes cannabis product, cannabis concentrate, and cannabis-infused
product.
Does not include hemp or hemp products, as defined in the Agriculture
Article of the Annotated Code of Maryland, § 14-101.
Any product intended for medicinal, or adult use derived
from cannabis that is kief, hashish, bubble hash, oil, wax, or other
products produced by extracting cannabinoids from the plant through
the use of solvents, carbon dioxide, or heat, screens, presses, or
steam distillation. Cannabis-infused product oil, wax, ointment, salve,
tincture, capsule, suppository, dermal patch, cartridge, or any other
products containing cannabis concentrate or usable cannabis that has
been processed so that the dried leaves and flowers are integrated
into other materials.
[Added 4-11-2017 by Ord.
No. 17-06; amended 3-12-2024 by Ord. No. 24-04]
An entity licensed by the Maryland Cannabis Administration
that acquires, possesses, repackages, transports, sells, distributes,
or dispenses cannabis or cannabis products, including cannabis concentrate
and cannabis-infused product for use by qualifying patients, caregivers,
or consumers through a storefront or through a delivery service.
[Amended 3-12-2024 by Ord. No. 24-04]
An entity licensed by the Maryland Cannabis Administration
that cultivates or packages cannabis and is authorized by the Administration
to provide cannabis to other cannabis licensees and registered independent
testing laboratories.
[Added 3-12-2024 by Ord. No. 24-04]
An entity licensed by the Maryland Cannabis Administration
that:
[Amended 3-12-2024 by Ord. No. 24-04]
Products that are composed of cannabis, cannabis concentrate,
cannabis extract, or other ingredients and are intended for use or
consumption, including edible products, oils, and tinctures.
[Added 3-12-2024 by Ord. No. 24-04]
The maximum number of individuals that may be accommodated
by the use as determined by its design or by Fire Code regulations,
whichever is greater.
The budget adopted by the County Commissioners from time
to time, dedicated to identifying and financing needed capital improvements.
Land acquisition, site development, site-related improvements,
purchase of equipment, or construction of structures necessary for
the expansion or construction of public schools and emergency service
facilities in the County; and includes all related costs.
The schedule of capital improvements to be undertaken by
the County as determined from time to time by the County Commissioners
or as set forth in the capital budget.
A dwelling unit that is used exclusively by either the caretaker,
manager, or operator of a principal permitted use and that is located
on the same parcel as the principal use.
An establishment in which the design of the physical facilities,
the serving or packaging procedures permit or encourage the purchase
of prepared, ready-to-eat food intended to be consumed off the premises,
and where the consumption of foods in motor vehicles is neither permitted
nor encouraged.
The portion of a building located partially underground,
having more than 50% of its clear floor-to-ceiling height below grade
and with a floor-to-ceiling height of less than 6 1/2 feet.
All land and waters defined in § 8-1807 of the
Natural Resources Article, Annotated Code of Maryland, including:
All waters of, and lands under, the Chesapeake
Bay and its tributaries to the head of tide as indicated on the state
wetlands maps and all state and private wetlands designated under
Title 16 of the Environment Article, Annotated Code of Maryland; and
All lands and water areas within 1,000 feet
of the landward boundaries of state or private wetlands and the heads
of tides designated under Title 16 of the Environment Article, Annotated
Code of Maryland.
A building wherein persons regularly assemble for religious
worship.
The description of an instrument or writing by reference
to the names of all parties to the instrument, the date of the instrument
and the place where the instrument is recorded among the land records.
An area inundated by a one-hundred-year storm as designated
on the FEMA flood insurance maps whose surface elevation is seven
feet or less, based on the National Geodetic Vertical Datum of 1929.
An establishment that is engaged in serving food that is
primarily not prepared on the premises and beverages.
A road that connects residential streets to the highway system
and high-speed arterial roads or provides access to nonresidential
uses and arterial streets.
A road that:
Placement of an antenna on an existing tower, building, or
other structure capable of supporting more than one antenna, dish,
or similar device.
A dwelling unit located above the first floor of a commercial
building.
Commercial logging operations and/or selective cutting or
clearing primarily for commercial purposes.
A building or land where horses are kept for remuneration,
hire, sale or boarding.
Any development approved by the County or a municipal corporation
that involves the retail or wholesale marketing of goods and services.
Commercial uses shall be categorized as follows:
HIGH COMMERCIAL USESInclude the following and other similar uses of comparable intensity, scope, character, and impact: bowling alleys; package stores/stores selling liquor, beer or soft drinks (in sealed containers, not for consumption on-premises); retail sales or stores; recreational vehicle sales; convenience stores; convenience stores with gas pumps (does not include high-speed diesel fuel pumps, truck parking, overnight vehicle parking except in association with vehicle repair, truck stops, travel plazas); fast-food restaurants; gasoline service stations (does not include high-speed diesel fuel pumps, truck parking, overnight vehicle parking except in association with vehicle repair, truck stops, travel plazas); taverns; bars; shopping centers; regional shopping centers; new and used vehicle sales/service and repair with exterior storage and/or repair areas; light manufacturing and assembling of goods in conjunction with retail or wholesale sales (provided that all manufacturing and assembling activities are conducted indoors and such activities are clearly subordinate to the principal commercial use of the property).
[Amended 3-26-2019 by Ord. No. 18-11]
MEDIUM COMMERCIAL USESInclude the following and other similar uses of comparable intensity, scope, character, and impact: auto accessory stores; commercial or trade schools (e.g., dance studios, schools for martial arts); grocery stores and supermarkets (excluding convenience stores); laundries; theaters and auditoriums (indoor); boat sales and repair; furniture sales; garden centers, garden supplies and greenhouses; lawnmower and garden equipment sales; auto repair with repair areas; warehouses with no exterior storage; and non-fast-food restaurants.
LOW COMMERCIAL USESInclude the following and other similar uses of comparable intensity, scope, character, and impact: business or professional offices; medical offices and clinics; veterinary offices; all other office uses; barbershops and hairdressers; deli, coffee shops, ice cream stores and stands; dry cleaners; light mechanical repair stores (e.g., watch, camera, bicycle, television); photography; tailoring; upholstering and upholstery stores; print/copy shop; banks and other financial facilities; service businesses; and travel agencies.
Any open space, private road, or other land,
structure, or improvement that is designed or reserved for the common
use or benefit of the property owners in any subdivision of two or
more lots or other planned residential development of two or more
units.
Does not include any public road or other land,
structure, or improvement owned by the County or the State of Maryland
or any other governmental agency.
The Queen Anne's County Comprehensive Plan text and all accompanying
maps, charts and explanatory material adopted by the County Commissioners
on May 21, 2002, and all amendments to the Comprehensive Plan.
A facility designed for the primary purpose of conducting
training, discussions, meetings, conferences or seminars with attendant
amenities required for such purposes and for the care of the participants,
including facilities for lodging, food service and recreation.
An establishment where food, tobacco, drugs, periodicals,
or similar items of household convenience are kept for retail sale,
and which typically is open to the public beyond the normal sales
hours of other retail establishments.
A single-family residential dwelling, that is
not a manufactured home, which may be converted or altered to accommodate
two or more families in separate dwelling units, as a rental facility
or condominium.
Conversion dwelling shall not be defined to
include additions to or expansions of existing units where not proposed
in conjunction with the creation of additional residential units.
Conversion dwellings can be located in districts where multifamily units are permitted by right and as conditional uses subject to the requirements of this Chapter 18.
The lot abutting two or more streets or roads at their intersection.
A type of multifamily unit in a condominium regime where
the detached single-family dwelling is individually owned, and the
common areas are commonly owned by the unit owners.
[Added 2-9-2021 by Ord. No. 20-13]
A building containing not more than 20 individual rooms or
suites of rooms for the purpose of providing overnight lodging facilities,
not to exceed 30 consecutive days, to the general public for compensation
which also offers dining facilities for guests.
A small-scale, rural store providing a limited range of retail
uses designed to serve surrounding agricultural and rural residential
needs and tourists.
The County of Queen Anne's in the State of Maryland.
The Queen Anne's County Board of Commissioners.
A road or street that is maintained by the Department of
Public Works, Roads Division, and is a component of the County road
system.
Chapter 23 of the County Code.
Those roads that are listed by the Department of Public Works,
Roads Division, as an official County road on the Annual Highway Mileage
Report as approved by the Maryland Department of Transportation.
The point at which all light rays emitted by a lamp, light
source or luminaire are completely eliminated (cutoff) at a specific
angle above the ground.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted.
A luminaire with elements such as shields, reflectors or
refractor panels that direct and cut off the light at a cutoff angle
that is less than 90°.
A building that provides day care for children or adults
on a regular basis.
The transfer of property interests from private to public
ownership for a public purpose. The transfer may be fee-simple interest
or of a less-than-fee interest, including an easement.
The number of dwelling units allowed per acre of base site
area, rounded to the next lowest whole number.
The Queen Anne's County Department of Planning and Zoning.
A lot on which residential density will be increased by deed
restricting open space on a noncontiguous parcel.
The legal or beneficial owner or owners of a lot or parcel
of any land proposed for development, including the option or contract
purchaser.
The division of a parcel of land into two or
more parcels;
The construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any structures;
Any use or change in use of any structures or
land;
Any extension of any use of land; or
Any clearing, grading or other movement of land for which permission may be required pursuant to this Chapter 18.
A comprehensive development plan containing information pertaining
to the developed parcel and its associated noncontiguous parcels.
A sign that, by symbol or name, identifies a residential,
commercial or industrial development. A development sign may also
provide an index of tenants or others in the development and may contain
the name and number of the sales or management agent.
A measurement of the size of a tree equal to the diameter
of its trunk measurement at 4 1/2 feet above the natural grade.
A sign that:
A lot whose front and rear yards abut public or private roads
or streets.
A manufactured home contained in at least two premanufactured
components designed to be joined into one integral component.
A two-family dwelling, either stacked or sharing a common
wall, designed for and occupied exclusively as the residence of not
more than two families, whether as renters or owners, each living
as an independent housekeeping unit.
An establishment that by design, physical facilities, and
service permits customers to receive food and beverages offered for
sale to the public while remaining in their vehicles.
A building or portion of a building that is designated or
used for residential purposes.
A principal building, room or group of rooms providing, or
intended to provide, living quarters for not more than one family.
Within the Critical Area, a single unit providing complete,
independent living facilities for at least one person, including permanent
provisions for sanitation, cooking, eating, sleeping, and other activities
routinely associated with daily life. Dwelling unit includes a living
quarters for a domestic or other employee or tenant, an in-law or
accessory apartment, a guest house, or a caretaker residence.
[Amended 10-13-2020 by Ord. No. 20-04]
The authorization by a property owner for the use by another
and for a specified purpose of any designated part of the property.
The disposal or treatment of sewage, water, or other liquid,
either partially or completely treated, or in its natural state, whether
generated on-site or off-site; including sewage treatment plants,
berm infiltration ponds, spray irrigation facilities and other state
and County approved facilities and activities.
[Amended 2-7-2006 by Ord. No. 05-11]
Sewage treatment plants; community septic fields; berm infiltration
ponds; spray irrigation facilities and other state and County approved
effluent treatment facilities that dispose of or treat effluent that
is generated on or off-site.
[Amended 2-7-2006 by Ord. No. 05-11]
A sign whose message may be changed at intervals by electronic
process or by remote control, including a device known as a "commercial
electronic variable message sign."
An area with buildings and other accessory structures to
provide emergency and/or urgent medical services to the public.
[Added 1-24-2012 by Ord. No. 11-17]
The maximum number of employees working at the facility during
a single given day, regardless of the time period during which this
occurs and regardless of whether any employee is a full-time employee.
The largest work shift may occur on any particular day of the week,
or a lunch or dinner period in the case of a restaurant.
An area designated as having moderate to high historic erosion
rates on the Historical Shorelines and Erosion Rates Maps prepared
by the Maryland Geological Survey, 1975.
A lot of record that exists at the time when an application is submitted for administrative, sliding scale, large-lot, or any subdivision under this Chapter 18.
The principal building on the lot at the time when a residential
accessory structure is erected.
The exterior walls of a building exposed to public view.
One or more persons related by blood, marriage, adoption
or guardianship, or not more than five persons not so related, occupying
a dwelling unit and living as a single housekeeping unit.
A day-care center that, including any relatives of the care
provider, cares for no more than eight children or adults.
A parcel or combination of parcels under the
same ownership that is:
Includes necessary accessory uses for packing,
treating or storing produce that are purely secondary to and support
normal agricultural activities conducted on the parcel.
Does not include the business of garbage feeding
of hogs or other animals or the raising of such animals as rats, mice,
monkeys and the like for use in medical or other tests and experiments.
A part of a producing farm operation that brews beer from
ingredients grown and produced on the farm. Incidental operations
include fermenting, distilling, blending, aging, storing, administrative
activities, warehousing, bottling, and shipping facilities. Retail
sales and tasting facilities for beer and related promotional items
shall be permitted as part of the use. Planned promotional events
or other organized activities as permitted under Section 2-110 of
the Alcoholic Beverages Article, as amended, of the Annotated Code
of Maryland are included in this definition.
[Added 3-21-2017 by Ord.
No. 16-21]
A structure utilized to store farm implements, hay, feed,
grain, or other agricultural or horticultural products or to house
poultry, livestock, or other farm animals. Such structure shall not
include habitable or occupiable spaces, spaces in which agricultural
products are processed, treated, or packaged; nor shall a farm building
be a place of occupancy by the general public.
[Added 2-24-2009 by Ord. No. 09-01]
A person who:
A dwelling on a farm that is used solely as a dwelling for
farm employees and includes single-wide manufactured homes, but does
not include migrant labor camps.
An establishment or premises used by more than two growers
in the sale of farm products, 50% or more of which have been grown
within Queen Anne's County.
A structure or vehicle temporarily used by no more than two
growers in the sale of farm products, 50% or more of which have been
grown within Queen Anne's County.
An establishment whose:
An occupancy certificate or a zoning certificate.
A dwelling unit located on the first floor of a building
used primarily for commercial purposes.
The sum of the gross area for each floor of
a building's stories measured from the exterior limits of the faces
of the structure.
Does not include:
Cellars, unenclosed porches, or arcades;
Any floor space in an accessory structure or in a principal structure that is designed for the parking of motor vehicles in order to meet the parking requirements of this Chapter 18;
Floor space associated with a group day-care
center that is an accessory to a principal commercial or industrial
use, and is provided as a service to patrons or employees of the principal
commercial or industrial use;
Floor space in structures that require only
the issuance of a zoning certificate; or
Floor space associated with commercial apartments.
The total floor area of a building divided by the base site
area. Where the lot is part of a larger development and has no buffer
yard, that lot area may be used instead of the base site area.
A unit of illumination produced on a surface one square foot
in area on which there is a uniformly distributed flux of one lumen.
A group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings,
rituals and formal written membership requirements.
A sign not attached to a building, resting on or supported
by poles, standards or any other type of base on the ground.
A lot line that separates a lot from a public or private
street or road.
A service providing for the temporary interment, preparation,
visitation and memorial of the dead.
A place of business:
Where retail and wholesale garden products and
produce are sold to the retail consumer; and
That imports most of the items sold, which may
include plants, nursery products and stock, fertilizers, potting soil,
hardware, power equipment and machinery, hoses, rakes, shovels and
other garden and farm tools and utensils.
Includes a greenhouse or nursery.
The brightness of a light source that causes eye discomfort.
A roadway or embankment located at or adjacent to ground
level.
An enclosed structure, permanent or portable, that is used
for the growth of small plants.
A day-care center that, including any relatives of the care
provider, cares for nine or more children or adults.
Those lands designated and identified as most appropriate
for future growth and residential density. The growth areas have been
designated as follows: Stevensville, Chester, Kent Narrows, Grasonville,
Centreville, and Queenstown.
A building that contains one room or suite unit, not to exceed
four bedrooms, that may or may not be equipped with kitchen facilities,
such that each independent unit has a separate entrance and, if attached,
are divided by vertical party walls so that one unit is not above
or below another unit; and:
[Amended 1-17-2006 by Ord. No. 05-28]
Are for transient stays of 30 consecutive days
or less for compensation with or without meals; and
Are not to be used for permanent residence;
and
Have common facilities for reservations and
cleaning services; and
Have on-site management; and
Are only permitted on the grounds of a country
club.
The portion of an attic, accessible by a stairway, which
has a ceiling height of at least 7 1/2 feet above the attic floor.
An area typically occurring as a band approximately 20 feet
wide and dominated by smilax, black cherry, poison ivy, ailanthus,
sumac and other forms of successional vegetation.
A landing pad for use by one helicopter.
A sign located within a public access easement or on public
property with educational content identifying historic, cultural or
natural resources. The design of heritage signs is determined by the
County.
[Added 2-24-2009 by Ord. No. 08-19]
A fully enclosed structure used to store boats indoor during
seasonal or nonseasonal times with facilities for associated repairs,
refurbishing and maintenance offered by fully accredited, licensed
and insured marine service contractors. The facility may or may not
have the following associated uses such as: a maritime convenience
store, an office and office space, luxury rest facilities or club
house including shower areas, changing rooms, lockers and lounging
areas and full-service fueling station.
[Added 2-24-2009 by Ord. No. 08-19]
A fuel pump that has flows equal to or greater than 10 gallons
per minute.
[Added 3-26-2019 by Ord.
No. 18-11]
Any structure or cultural resource, including but not limited
to residential, agricultural and commercial buildings, that is equal
to or greater than 50 years of age, or otherwise deemed to be of exceptional
historical significance by meeting one or more of the following aspects
of Queen Anne’s County, Maryland or United States history.
[Added 5-15-2007 by Ord. No. 06-20]
Association with historic events or activities;
Association with persons who are important to
the community or to specific developments of history;
Embodiment of distinctive characteristics of
a type, period, method of construction, or the work of a master; and/or
Potential to provide important information about
history or prehistory.
A business, profession, occupation, or trade conducted within
a residential building or accessory structure for gain or support
by a resident of the dwelling.
A building or group of buildings:
Containing individual rooms or suites of rooms,
each having a private bathroom, for the purpose of providing overnight
lodging facilities for periods not to exceed 30 days to the general
public for compensation with or without meals; and
Which have common facilities for reservations
and cleaning services and on-site management.
Any charge, fee, or assessment that is:
The map of development subareas adopted by the County Commissioners
in which impact fees for specified capital improvements are imposed.
A geographically defined area in the County that has been
designated by the County Commissioners as an area in which new development
will create the need for specified capital improvements to be funded
in part or in whole by impact fees.
Any man-made surface that is resistant to the penetration
of water. "Impervious surface" includes areas of stored lumber, outdoor
storage or display, and junkyards.
The total impervious surface area of a lot or site divided
by the base site area.
An accessory structure that is:
Any development approved by the County or a
municipal corporation that have the following characteristics and
include the following categories of use.
LIGHT INDUSTRIAL USESInclude wholesale distribution and manufacturing activities generally conducted indoors where nuisances associated with the use, such as noise, odor, smoke and dust, are minimal; blacksmith shops; boat building; miniwarehouses (with and without outdoor storage); self-storage facility (interior access only); materials sales or storage yards (excluding asphalt or concrete mixing); bulk materials or machinery storage (fully enclosed); boat repair and auto repair; carpet and rug cleaning plants; contractors' offices and equipment storage yards; dry-cleaning and laundry plants serving more than one outlet; extermination shops; food processing and packing plants; fuel oil (storage and sales); furniture cleaning plants; furniture refinishing shops; lumberyards; manufacturing (including the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products) in plants with fewer than 500 employees on a single shift; mirror supply and refinishing shops; monument works; ornamental iron workshops; pilot plants; printing plants; scientific (e.g., research, testing or experimental) laboratories; trade shops (including cabinet, carpentry, planing, plumbing, refinishing and paneling); truck terminals; wholesale business and storage (wholesale business are not warehouse clubs that can be joined for a membership fee where a variety of goods are offered in bulk at wholesale or discounted prices); showrooms; incidental retail stores (that do not exceed 25,000 square feet of floor area) associated with building and plumbing supply distribution operations.
[Amended 7-13-2021 by Ord. No. 21-03]
Have severe potential for negative impacts on
any uses located relatively close to them; differ from light industrial
uses in that they require unenclosed structures that are large, tall
and unsightly, such as concrete batching plants; have severe potential
for generation of odor and may involve large amounts of exterior storage;
and, because of their scale, are likely to have a regional impact.
Include public airports and public heliports;
manufacturing activities (including outdoor storage), a significant
part of which may be conducted outdoors, where nuisances associated
with the use, such as noise, odor, smoke and dust, are significant;
asphalt or concrete mixing plants; bulk material or machinery storage
(unenclosed); motor or rail terminals; and manufacturing (including
the production, processing, cleaning, testing and distribution of
materials, goods, foodstuffs and products) in plants with 500 or more
employees on a single shift.
Any structure erected in a public place with approval of
the Department of Planning and Zoning for the specific purpose of
displaying information to direct pedestrians. Information kiosks can
be erected on public access easements, boardwalks and County lands.
Information kiosks are distinguished from "freestanding signs."
[Added 2-24-2009 by Ord. No. 08-19]
Includes convents or monasteries, group-care facilities,
rooming houses, migrant labor camps, shelter-care homes, assisted
living programs and residential care facilities.
[Amended 9-7-2004 by Ord. No. 04-28; 7-10-2012 by Ord. No.
12-02]
Uses approved by the County or a municipal corporation, including:
Outdoor recreational uses, which include:
Areas of active recreational activities, including,
but not limited to, jogging, cycling, tot-lots, playfields, playgrounds,
outdoor swimming pools, tennis courts and golf courses;
Passive recreational uses, including, but not
limited to, arboretums, areas of hiking, nature areas and wildlife
sanctuaries; and
Picnic areas, public and private parks, garden
plots and beaches;
Institutions such as aquariums, youth camps,
cemeteries, churches, conference centers associated with nonprofit
institutions, community or recreational centers, gymnasiums, privately
owned libraries or museums, indoor recreational centers, public or
private schools, indoor skating rinks (ice or roller), indoor swimming
pools, tennis, racquetball, handball courts, rural country clubs and
all other indoor recreational uses;
Institutional residential uses such as convents
or monasteries, group-care facilities, nursing homes, protective living
facilities, rooming houses and sheltered-care homes, assisted living
programs and residential care facilities;
[Amended 7-10-2012 by Ord. No. 12-02]
Public services;
Public utilities;
Family day-care centers; and
Group day-care centers.
MEDICAL CAMPUSA parcel or group of parcels with a minimum combined area of 10 acres with a group of two or more buildings designed to concentrate medical care and services in a single location and offer a variety of medical services to promote the practice, teaching, and progress of medicine and care of residents. Uses could include diagnostic centers, research facilities, medical labs, assisted living facilities, rehabilitation centers, medical training facilities, medical specialties and medical support services.
[Added 2-24-2009 by Ord. No. 08-27]
An institutional use that is operated by a group, agency,
foundation, corporation or organization that is not recognized by
the Internal Revenue Service of the United States Government as having
nonprofit status.
An institutional use which is either operated by an agency
of government or is operated by a group, agency, foundation, corporation
or organization which is recognized by the Internal Revenue Service
of the United States Government as having nonprofit status.
An instrument, in the form required by this Chapter 18 by which one or more development rights are transferred.
Any land or structure used for a salvaging operation, including,
but not limited to, the storage and sale of wastepaper, rags, scrap
metal and discarded materials and the collection, dismantlement, storage,
and salvage of one or more untagged, inoperative vehicle.
Any structure in which dogs or cats are kept for sale, boarding,
grooming or breeding, for which any fee is charged.
The surface area of land not covered by any impervious surface
or used for outside storage or display that is maintained to support
plant life.
The total landscape surface area of a lot or site divided
by the base site area.
The process of searching for and extracting
oil and gas reserves from the subsurface of property by drilling from
and establishing wells on adjacent property.
Does not include any surface activity and refers
only to the property toward which subsurface drilling and extraction
wells are directed.
A dwelling unit with living space in combination with a shop,
office, studio, or other work space within the same unit, where the
resident occupant both lives and works. The live-work unit possesses
the following characteristics:
[Added 2-24-2009 by Ord. No. 08-19]
The work space component must be located on
the first floor and basement of the building, with an entrance facing
the primary abutting public street and with double frontage along
pedestrian walkways or pathways.
The dwelling unit component must be located
above or behind the work space, improved as a dwelling and maintain
a separate entrance located on the front or side facade and accessible
from the primary abutting public or private streets.
The office or business component of the unit
shall not exceed 50% of the total gross floor area of the unit. The
living space shall not exceed 60% of the total gross floor area of
the unit.
LIVING SPACESpace within the dwelling unit for living, sleeping, eating, cooking, bathing, washing or sanitation purposes. Living space does not include closets, common or shared hallways or stairways providing access to individual dwelling units.
The business component of the building may include
home occupations, offices, small service establishments, homecrafts
which are typically considered accessory to a dwelling unit, or retailing
associated with fine arts, crafts, or personal services. It may not
include a wholesale business, a manufacturing business, a commercial
food service requiring a license, a limousine business or auto service
or repair for any vehicles other than those registered to residents
of the property.
ARTIST'S STUDIOA place designed to be used, or used as, both a dwelling place and a place of work by an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture and writing.
Prohibited uses include: amusement and recreation
uses; bars; pet stores, kennels, animal hospitals; gun and firearm
sales; and, automotive service stations and motor vehicle repair garages.
A road or street:
A parcel of land undivided by a public or private
road that is recorded by the Recorder of Deeds.
Notwithstanding Subsection A of this definition, two or more areas of land divided by a private road which would otherwise qualify as separate lots under Subsection A of this definition may be treated as a single lot if an appropriate plat and any private road covenants required by this Chapter 18 include a legend and provisions declaring that the divided parcel:
The area contained within the boundary lines of a lot.
The linear footage between the intersection of the side lot lines and the front lot line. When a lot has more than one street lot line, lot width shall be measured, and the minimum lot frontage required by this Chapter 18 shall be provided, at each such line.
A line dividing one lot from another lot, or from a public
or private street or road, except that where any portion of the lot
extends into the public right-of-way or a proposed public right-of-way,
the line of such public right-of-way shall be the lot line.
Any validly recorded lot that, at the time of its recordation,
complied with all applicable laws, ordinances and regulations.
A person, including a covenantor, who, at anytime when the identity of a lot owner is to be determined for purposes of this Chapter 18 or any covenant, is the owner of any lot within a subject area.
Does not include a mortgagee, the holder of
any other security interest in the property, the County, or any governmental
agency.
The distance between the side lot lines at the front setback
line. Where there is only one side lot line, lot width restrictions
shall be measured between the side lot line and the opposite lot line.
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical and decorative parts.
A guarantee of facilities or work to insure or maintain the correction of any failures of any improvements required pursuant to this Chapter 18.
All extraction operations that disturb more than five acres,
except extraction associated with aquaculture; dredge disposal uses
that disturb more than 10 acres of land; and all nonlateral oil and
gas drilling and extraction.[2]
Any site plan other than a minor site plan.
Any subdivision other than an administrative or minor subdivision.
A dwelling unit that:
A planned residential development that:
An amendment that involves a change of one or more district
boundaries as shown on the Zoning Maps and/or a change in the zoning
classification of specific property.
A small-scale retail store, no larger than 1,200 square feet
with hours of operation from 18 to 24 hours daily, seven days a week,
providing a limited range of retail goods and services designed to
serve surrounding maritime needs, which may or may not include waterfront
fueling for water craft only, and tourists needs.
[Added 2-24-2009 by Ord. No. 08-19]
A permanent wall-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building
that advertises only present and scheduled events.
An individual who is employed in the agricultural or seafood
industry in a seasonal or other temporary nature, and who is:
A facility, including structures, buildings, barracks, trailers,
mobile homes, converted buildings and unconventional enclosures of
living spaces, used or intended for the use of housing migrants, or
the real property on which is located a facility used or intended
for use as housing for migrants. Migrant labor camps do not include
farm employee dwellings.
The lowest elevation permissible for the construction, erection
or other placement of any floor, including a basement floor.
A building, or group of buildings, divided into
two or more individual units, each unit being leased to an individual
solely for dead storage and not in conjunction with the day-to-day
operation of a business.
May include an office for the sole purpose of
conducting business specific to the miniwarehouse site.
Dredge disposal sites that disturb fewer than 10 acres; and
the following uses that disrupt five or fewer acres of land: gravel,
sand or similar extraction, except extraction associated with aquaculture;
lateral oil and gas drilling and extraction; and storage operations.
A site plan that involves only:
The subdivision of land into no more than seven lots, including
the creation of any required easements or rights-of-way.
[Amended 10-9-2012 by Ord. No. 12-14]
The combining of retail/commercial and/or service uses with
residential or office use in the same building or on the same site
in one of the following ways:
[Added 2-24-2009 by Ord. No. 08-19;
amended 7-10-2012 by Ord. No. 12-03]
VERTICAL MIXED USEA single structure with the above floors used for residential or office use and a portion of the ground floor for retail/commercial or services uses.
HORIZONTAL MIXED USEA single structure which provides retail/commercial or service use in the portion fronting the public or private street or public accessway with attached residential or office uses behind.
HORIZONTAL MIXED USETwo or more structures on one site which provide retail/commercial or service uses in the structure(s) fronting the public or private street or public accessway, and residential or office uses in separate structure(s) behind or to the side.
|
Mixed Use Options
|
Number of Floors
|
Percentage of Residential Use or Commercial
Apartments
| ||
|---|---|---|---|---|
|
Vertical mixed use
|
2
|
50% of total gross floor area with residential
located on upper floor
| ||
|
Vertical mixed use
|
3
|
66% of total gross floor area with residential
located on upper floors
| ||
|
Vertical mixed use
|
4
|
75% of total gross floor area with residential
located on upper floors
| ||
|
Horizontal mixed use — single structure
|
1
|
50% of total gross floor area using a vertical
split with commercial located along the street front or public accessway
| ||
|
Horizontal mixed use — single structure
|
2
|
50% of total gross floor area using a vertical
split with commercial located along the street front or public accessway
on all floors
| ||
|
Horizontal mixed use — single structure
|
3
|
66% of total gross floor area using the following
allocation:
| ||
|
Floors 1 and 2 — 50% vertical split of
commercial and residential uses with commercial located along the
street front or public accessway
| ||||
|
3rd floor — 100% residential use
| ||||
|
Horizontal mixed use — single structure
|
4
|
75% of total gross floor area using the following
allocation:
| ||
|
Floors 1 and 2 — 50% vertical split of
commercial and residential uses with commercial located along the
street front or public accessway
| ||||
|
Floors 3 and 4 — 100% residential use
| ||||
|
Horizontal mixed use — multiple structures
|
N/A
|
50% of total gross floor area of development
with retail/commercial fronting the public or private street or public
accessway
| ||
|
Horizontal mixed use with a marina
|
N/A
|
50% of the total site area
| ||
A dwelling unit that:
Is fabricated in an off-site manufacturing facility
for installation or assembly at the building site;
Does not bear a label certifying that it is
built in compliance with the National Manufactured Housing Construction
and Safety Standards Act of 1974, as amended; and
Was constructed before the enactment of the
federal regulations.
A dwelling unit that:
A planned residential development consisting of more than one dwelling unit (such as duplexes, townhouses, cottage homes, apartments or multiplex) that involves the identification and protection of required open space and is accomplished pursuant to design and improvement standards set forth in Article V of Part 3 of Chapter 18:1.
[Amended 2-9-2021 by Ord. No. 20-13]
The Towns of Barclay, Centreville, Church Hill, Millington,
Queenstown, Queen Anne, Sudlersville, and Templeville.
The portion of a lot that may be developed after all district regulations and site development standards have been calculated. Net buildable area shall equal base site area less those portions of a lot set aside to meet the requirements for setbacks, open space, landscape surface area, pervious surface area, forest conservation requirements, resource protection, and any other area regulations that prohibit development set forth in this Chapter 18.
The portion of the total tract for which land use will be
changed or will no longer be used for primarily agricultural activities,
reduced by the area found to be within the boundaries of the one-hundred-year
floodplain.
A place of amusement and entertainment including, but not
limited to a bar, tavern or cocktail lounge which serves food where
the percentage of food sales is less than 80%, or drink, but is distinguished
by the provision of live entertainment and/or dancing facilities with
hours of operation between 10:00 p.m. and 2:00 a.m. A nightclub is
not an adult entertainment facility.
[Added 2-24-2009 by Ord. No. 08-19]
The authorized tree cutting or clearing not
intended primarily for commercial gain or profit.
Includes removal of sick or dead trees and general
horticultural practices related to maintaining the health and stability
of a forest.
Timber removed for noncommercial forest activities
may be sold by the property owner, provided commercial gain is not
the primary reason for the removal of timber.
A lot that is a lot of record and does not meet the area
or bulk requirements of the district in which it is located.
A parcel included within a development plan
that:
Is not contiguous with the developed parcel;
Meets the following soils criteria:
At least 50% of the land shall classify as Class
I, II or III soils; or
If the land is wooded, 50% of the land is classified
as Woodland Groups 1 or 2; or
If there is an insufficient percentage of Class
I, II or III soils alone and there is an insufficient percentage of
Woodland Groups 1 or 2 soils alone, the land must have a combination
of the classifications that meets or exceeds 60%.
Plats of the noncontiguous parcel must provide
the location of all existing buildings.
May be less than all of a lot of record.
The area of the noncontiguous parcel used must
be at least 40 acres in size or constitute at least 1/2 the total
area of the lot of record, whichever is less.
An institutional use that is owned and operated by a nonprofit
organization and does not include any commercial activities.
Any development approved by the County or a municipal corporation
for commercial, industrial, or institutional use.
The use of a residential development right to increase nonresidential floor area and the area of impervious surfaces beyond what is otherwise allowed under this Chapter 18.
Those areas inundated or saturated by surface
or ground water at a frequency and duration sufficient to support,
and which under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation"; and
Are regulated under Title 16 of the Environment
Article, Annotated Code of Maryland.
A place of business used principally for the
retail and wholesale sale of plants grown on the site or off the site
as well as accessory items that are directly related to the care and
maintenance of the plants.
Accessory items do not include power equipment,
such as gas or electric lawnmowers and farm implements.
An extended or immediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reasons of advanced age, chronic illness or infirmity, are unable
to care for themselves.
A certificate of use and occupancy issued in accordance with
the Building Code.[3]
A sign advertising a business or service that is not located
on the same lot as the sign, or any sign advertising a product that
is not manufactured on the same lot as the sign (more commonly referred
to as "billboards").
A flood that has a one-percent chance of being equaled or
exceeded in any given year. Except for Class III waters (natural trout
streams), a body of water with a watershed of less than 400 acres
is excluded.
An area, except tidal waters, having a one-percent chance
in any given year of being inundated by a one-hundred-year storm as
designated on the FEMA Flood Insurance Maps.
A premises licensed by the Maryland Cannabis Administration
in which cannabis may be consumed, but not smoked or consumed indoors.
[Added 3-12-2024 by Ord. No. 24-04]
Open space lands on a lot or site divided by the base site
area.
A structure, facility, or bermed area designed to receive
and/or store organic materials not produced as a by-product of an
agricultural use intended for application to land as fertilizer for
agricultural soils or crops.
An instrument of transfer by which development rights are
initially transferred from a transferor parcel by the original transferor.
A road historically utilized by the general public that is
not a part of the County, state, or federal road system.
A recreational use generally conducted outdoors, including
jogging, cycling, tot lots, playfields, playgrounds, outdoor swimming
pools, tennis courts, golf courses, arboretums, hiking facilities,
nature areas, wildlife sanctuaries, picnic areas, parks, garden plots,
and beaches. Enclosed structures associated with outdoor recreational
uses shall be ancillary and accessory to the principal use of the
property.
Outdoor storage or display of fuel, raw materials, vehicles,
boats, manufactured products or equipment.
An area or areas of land or a building or part thereof which
is provided and maintained upon the same lot or lots upon which the
principal use is located for the purpose of storing motor vehicle.
An individual, corporation, or other legal entity, and includes
the federal government, the state, a county, municipal corporation,
any other political subdivision of the state, or any of their units.
A request for text amendment or a map amendment made by a
property owner, a subject property owner or by a group of property
owners acting as a private citizens' group.
Either a single-family cluster, multifamily, or manufactured
home community residential development that involves the identification
and protection of required open space.
The Queen Anne's County Planning Commission.
The Planning Director of the Queen Anne's County Department
of Planning and Zoning or the Planning Director's designee.
All lands subject to any legal instrument or restriction
that prohibits the development of residential or nonresidential uses,
including but not limited to conservation easements, covenants, and
deed restrictions made pursuant to the following:
A structure or structures in which the main or principal
use of the lot is or is intended to be located.
The specific primary purpose or purposes for which land is
used.
A facility that:
A structure with a roof and side walls, used to store boats
and boating equipment, which is constructed over the water in conjunction
with an approved private residential pier or wharf.
A structure with a roof, used to cover a boat slip, which
is constructed over the water in conjunction with an approved private
residential pier or wharf.
A paved or unpaved helicopter landing pad intended for the
exclusive use of the owners or lessees of property upon which the
landing pad is located and any accessory structures designed for the
storage of the owners' or lessees' helicopters, provided that no more
than two helicopters shall be allowed to use the landing pad or accessory
uses.
A paved or unpaved runway for aircraft landings and departures
that is intended for the exclusive use of the owners or lessees of
property upon which the runway is located and any accessory structures
designed for the storage of the owners' or lessees' aircraft, provided
that no more than two aircraft shall be allowed to use the runway
or accessory structures on a regular basis.
An improved road or right-of-way held and/or maintained in
private ownership and which is not a component of the County, state,
or federal road systems.
A building, incidental to an existing residential or agricultural
principal use, which shelters domestic animals for the exclusive use
of the occupants of the premises.
A sign affixed to a building or wall in a manner that its
leading edge extends more than 18 inches beyond the surface of such
building or wall. The sign face of a double-faced projecting sign
is calculated by measuring one face of the sign only, provided both
faces are back to back.
A person or persons having an ownership interest in real
property located within the geographic boundaries of Queen Anne's
County, Maryland.
An improvement, facility, or service, together
with customary improvements and appurtenances thereto, necessary to
provide for public needs.
Includes vehicular and pedestrian circulation
systems, storm sewers, flood control improvements, water supply and
distribution facilities, sanitary sewage disposal and treatment, and
public utility and energy services.
Pedestrian circulation improvements as designated in the
circulation plan in the Kent Narrows Design Handbook.
A recreational use owned and operated by a governmental entity,
whether local, state, or federal.
Any service rendered to the general public by
an agency of government, or a facility maintained in connection with
the rendition of such service, but does not include telecommunications
services.
A recognized volunteer fire company that receives
an appropriation from Queen Anne's County shall be construed to be
an agency of government.
The Queen Anne's County Sanitary District Sewer System and
other forms of sewer systems approved by the State Health Department
and maintained by a public or private agency authorized to operate
the sewer systems.
Uses or structures for the public purpose of power transmission
and distribution (but not power generation or cross-country transmission
lines or towers); fuel transmission and distribution (but not manufacturing
or storage); water treatment and distribution; sewage collection and
treatment; telephone service facilities (but not utility truck terminal
facilities); radio and television facilities (not including broadcasting
studios); and rail or highway rights-of-way (not including stations
or terminals).
The lot line that is parallel to and the most
distant from the front lot line.
In the case of an irregular or triangular shaped
lot, where the rear lot line is not indicated, the rear lot line will
be located in the following manner:
In the case of double frontage lots that have
frontage on more than one road or street, the rear lot line shall
be opposite the lot line along which the lot takes legal access from
a public or private street or road.
A parcel that is eligible to receive development
rights from a transferor parcel.
Includes:
A parcel in any zoning district, except the
Agricultural (AG) or Noncritical Area Neighborhood Conservation (NC)
Districts, that is located within the geographic boundaries of a growth
area; and
A parcel in any Countryside (CS) or Neighborhood
Conservation (NC) District located within the Chesapeake Bay Critical
Area.
The Queen Anne's County Clerk to the Circuit Court.
A use dedicated to the refreshment of body and mind through
forms of play, amusement, or relaxation, including both active and
passive activities.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations, and landscaping and signage in accordance
with an approved site plan.
An accessory structure that would be regarded under other provisions of this Chapter 18 as an accessory structure on a residential lot that is not connected or attached in any manner to the existing principal building.
An accessory use that would be regarded under other provisions of this Chapter 18 as an accessory use on a residential lot.
A facility that provides primarily nonmedical resident services
to six or more individuals in need of personal assistance essential
for sustaining the activities of daily living or for the protection
of the individual.
[Added 7-10-2012 by Ord. No. 12-02]
Any development approved by the County or a municipal corporation
for residential use.
The right to erect a dwelling unit on property, as such is
inherent in fee-simple ownership of land.
A lot whose primary use is for residential purposes.
Any use approved by the County or a municipal corporation
that is for existing or proposed dwelling units, including but not
limited to single-family residential dwellings, single-wide manufactured
homes, single-family clusters, manufactured home communities, commercial
apartments, multifamily, and first floor apartments.
A privately owned country club, operated on a for-profit
basis, which may offer to its members, their guests and the public,
golfing, social, meeting, lodging, dining and recreational facilities.
The amenities which comprise a resort country club may include but
are not limited to lodging facilities, indoor and/or outdoor sports/exercise
facilities, a multipurpose conference center, an outdoor meeting area,
restaurants, lounges and other features associated with a resort or
destination country club complex.
A building or group of buildings containing
individual rooms or suites of rooms, each having a private bathroom,
for the purpose of providing overnight lodging facilities for periods
of 30 days or less to the general public for compensation, with or
without meals, and having common facilities for reservations, cleaning
services, and on-site management.
Resort hotels are generally located along waterfront,
marinas, and beach areas and cater to leisure and recreational-type
activities.
An establishment whose principal business is the sale of
food or beverages to customers in a ready-to-consume state and whose
principal method of operation includes at least one of the following
characteristics:
Customers, normally provided with an individual
menu, are served their foods and beverages by a restaurant employee
at the same table or counter at which food and beverages are consumed;
or
A cafeteria-type operation where food and beverages
generally are consumed within the restaurant building.
A lot that will exist if the application for administrative
subdivision is approved.
A small outside building or structure designed for pedestrian
access usually referred to as a stand and used to provide information,
ticket sales for sightseeing or excursions, small-scale retail incidental
to cultural, historic and tourism activities associated with the community
and pre-packaged refreshments. Food services are excluded from uses
permitted and drive-up/drive-through service is prohibited.
[Added 2-24-2009 by Ord. No. 08-19]
A commercial enterprise that provides goods and/or services
directly to the consumer for personal, recreational or educational
use. These include: restaurants (excluding fast food), hotels, financial
service, spas, salons, wineries, taverns, motion pictures, cultural
services, educational services, galleries, food markets and marine
stores.
[Added 8-24-2010 by Ord. No. 10-10]
An improved right-of-way intended for motor vehicle traffic.
"Road" includes the term "street" and has the same meaning, and, unless
expressly modified, applies to both public and private roads or streets.
A privately owned or membership-owned country club, which
may operate on a nonprofit or a for-profit basis, which offers to
its members, their guests and the public golfing, social, dining,
lodging, guest lodges, meeting and recreational amenities. The amenities
that comprise a rural country club may include a clubhouse, swimming
pool, tennis courts, lodging (as permitted for a country inn), guest
lodges, and other features subject to approval by the Planning Commission.
A facility used to conduct satellite simulcast betting as
defined under and regulated by the provisions of Title 11, Title 8
of the Business Regulation Article, Annotated Code of Maryland.
The Chesapeake Country Scenic Byway (MD Routes 18 and 213),
and U.S. Route 50, U.S. Route 301, and MD Route 404.
[Added 8-2-2005 by Ord. No. 05-13]
The method by which a view of one site from an adjacent right-of-way
of another adjacent site is shielded, concealed, or hidden. Screening
techniques include fences, walls, hedges, berms, or other features.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity, or other natural means
as a result of erosion.
The ordinance entitled "Erosion and Sediment Control Ordinance",
adopted by the County Commissioners on February 19, 1985, as amended.[5]
[Added 7-13-2021 by Ord. No. 21-03]
A building, or group of buildings, which provides individual
units accessed solely through interior hallways (with no direct outdoor
access to individual units), each unit being leased to an individual
for dead storage and not in conjunction with the day-to-day operation
of a business.
May include an office for the sole purpose of conducting business
specific to the self-storage facility.
A line extending the full width or length of
the lot, establishing the nearest point that a principal building
may be erected from any front, side or rear lot line.
For flag lots and other irregularly shaped lots
with narrow road frontage, the front setback line shall be measured
from the point or line from which the lot widens to establish the
area that may be improved with buildings or structures.
On corner lots and double frontage lots, the
front setback shall apply to each property line abutting a road.
Accumulated semiliquid suspension, settled solids or dried
residue of these solids that is deposited from sewage in a wastewater
treatment plant, whether or not these solids have undergone treatment
and as regulated by COMAR 26.04.06.
A container that is resealable and lockable that is used
with standard equipment for intermodal shipments; often found on shipping
ships, trains, and trucks for the transport of goods.
[Added 10-22-2019 by Ord.
No. 19-15]
A commercial or private establishment that provides trap
shooting, target practice, skeet shooting, sporting clays, regulated
shooting area as defined and is permitted by DNR, and similar shooting-related
activities.
A group of commercial establishments planned, developed and
managed as a unit with off-street parking provided on the property.
The boundary of a lot that is not a front lot line or a rear
lot line.
Any object, device, display or structure, or
part thereof, situated outdoors or indoors that is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, religious group, product, service,
event or location by any means, including words, letters, figures,
designs, symbols, fixtures, colors, illumination or projected images.
Does not include:
The flag or emblem of any nation, organization
of nations, state or city or any religious, fraternal or civic organization;
Merchandise and pictures or models of products
or services incorporated in a window display;
Works of art that in no way identify a product;
Scoreboards located on athletic fields; or
Vending machines.
A planned residential development that involves the identification
and protection of required open space.
A dwelling designed for single-family residential use and
occupied by not more than one family and having no roof, wall or floor
in common with any other dwelling unit. "Single-family residential
dwelling" includes site-built homes, modular homes, and double-wide
manufactured homes.
The land on which development takes place.
The lot area of a parcel of land proposed for a planned residential
development.
Engineering studies, soil testing, percolation testing, surveys,
environmental assessments, site planning, and other studies, drawings,
assessments, and tests that may reasonably be required to make a site
ready for improvement.
Roadway construction, upgrades, or improvements, traffic
control devices or measures, and other off-site improvements required
for capital improvements or facilities.
A residential subdivision in which allowable density is inversely proportional to the size of the existing lot, thereby preserving open lands, agricultural uses, and the rural character of the community, in accordance with the district regulations set forth in this Chapter 18.
A private use facility or net metering system generating
solar energy for a single residential home or neighborhood, a private
entity, business, or institutional use. The system may be ground-mounted
or roof-mounted. Small-scale solar array systems shall be limited
in size to a maximum of two megawatts.
[Added 12-12-2017 by Ord.
No. 17-16]
Energy generated by the sun that is infinite or constantly
renewed.
[Added 12-13-2011 by Ord. No. 11-07]
A ground-mounted solar collection system consisting of a
linked series of photovoltaic modules excluding single-user residential
applications.
[Added 12-13-2011 by Ord. No. 11-07]
Personal or business social engagement or activities conducted
at a bed-and-breakfast, single-family residence, or on a farm where
quests assemble for parties, wedding events, reunions, birthday celebrations,
or similar uses for compensation, during which food and beverages
may be served to guests and music and other entertainment is provided
to quests. This definition shall not include places of worship.
[Added 3-26-2013 by Ord. No. 13-01]
The installation of foundation footings or the initial land
disturbance for road construction.
The ordinance entitled "Stormwater Management Ordinance,"
adopted by the County Commissioners on April 15, 1992, as amended.[6]
All lands lying within 100 feet, measured from the normal
bank of a perennial stream, or 50 feet from the normal bank of an
intermittent stream as shown on the most recent 7.5 minute topographic
quadrangle (scale: 1:24,000) maps published by the United States Geological
Survey.
Any change in the supporting members of a building, such
as the bearing walls, beams or girders, or any change in the dimension
or configuration of the roof or exterior walls.
An area that is restricted or otherwise affected
by a covenant.
If an area restricted or otherwise affected
by a covenant is a common area, "subject area" includes both the common
area and all other land within the site plan, subdivision, or zoning
approval that has any rights or duties with respect to the common
area.
The owner or owners of a piece of real property located within
the geographic boundaries of Queen Anne's County, Maryland, which
is the subject of a proposed map amendment.
A retail establishment, other than a convenience store, that
sells primarily food items and household goods.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves external to or attached to the exterior of any building.
A structure, cabinet, or box, accessory to a telecommunications
facility, which houses equipment related to the wireless transmission
of voice, data, or other signal.
Any staffed or unstaffed facility used for the
transmission and/or reception of personal wireless services, radio
and television broadcast services, and any other radio frequency signals,
usually consisting of an antenna or group of antennas, transmission
lines, and telecommunications towers.
Does not include telecommunications equipment
building.
A structure that supports telecommunications antennas. Tower
includes the following:
LATTICE TOWERA structure that consists of vertical and horizontal supports and metal crossed strips or bars to support antennas and connecting appurtenances;
MONOPOLEA structure that consists of a single freestanding pole structure to support antennas and connecting appurtenances; and
GUYED TOWERA tower that is tied to the ground or other surface by diagonal cables that provide support for the tower, antennas, and connecting appurtenances.
A sign or advertising display constructed of cloth, canvas,
fabric, paper, plywood or other light material and intended to be
displayed temporarily.
Any changes to the text of this Chapter 18 and includes changes that supplement, modify or repeal any of its present or future provisions.
State wetlands that are defined as any land under the navigable
waters of the state below the mean high water line, affected by the
regular rise and fall of tide, and private wetlands defined as any
land not considered state wetlands bordering or lying beneath tidal
waters, that is subject to regular or periodic tidal action and supports
aquatic growth. Private wetlands include wetlands transferred by the
state by a valid grant, lease, patent, or grant confirmed by Article
5 of the Declaration of Rights of the Constitution to the extent of
the interest transferred. The term "regular or periodic tidal action"
means the rise and fall of the sea produced by the attraction of the
sun and moon uninfluenced by the wind or any other circumstance.
A property or unit of land that:
A parcel of land in an Agricultural (AG) or
Countryside (CS) District:
A transferor parcel must meet the following
soils criteria:
At least 50% of the land shall classify as Class
I, II or III soils; or
If the land is wooded, 50% of the land is classified
as Woodland Groups 1 or 2; or
If there is an insufficient percentage of Class
I, II or III soils alone and there is an insufficient percentage of
Woodland Groups 1 or 2 soils alone, the land must have a combination
of the classifications that meets or exceeds 60%.
Plats of transferor parcels must provide the
location of all existing buildings.
A facility primarily intended for commercial trucks, tractor
trailers and recreational vehicles that consists of fuel sales and
a restaurant, a fast-food restaurant and/or convenience store on one
lot or adjacent lots, and may also include vehicle service and repairs,
ancillary retail overnight lodging activities and shower and locker
room facilities, all managed as a unit with off-street parking provided
on the property.
[Amended 4-23-2019 by Ord. No. 19-04]
An area or building where cargo is stored or from which materials
are distributed and where trucks load and unload cargo on a regular
basis. Ancillary facilities may provide for parking, storing, or servicing
trucks.
The purpose or activity for which land or any structure thereon
is designed, arranged or intended or for which it is occupied or maintained.
A commercial production facility that converts sunlight into
electricity, via photovoltaics or various other solar technologies
on typically ground-mounted systems, for the purpose of wholesale
or retail sale of generated electricity to a utility company and off-site
customers.
[Added 12-12-2017 by Ord.
No. 17-16]
A building or part of a building used for the care, diagnosis,
and treatment of sick, ailing, infirm, or injured animals, and those
who are in need of medical or surgical attention. Such clinics may
or may not also provide long-term lodging of ill animals.
A sign mounted parallel to a building facade or other vertical
building surface.
A building used for the storage of goods and materials in
connection with the day-to-day operation of a wholesale or distribution
business, or a business that is not located in the same building or
on the same property as the warehouse. The storage of goods and materials
as an accessory use to a business is not a warehouse.
An off-premises sign with a County logo that is part of a
Kent Narrows Development Foundation sponsored and coordinated program
for the purpose of facilitating circulation to and from tourist destinations
as recognized by the Kent Narrows Community Plan.
[Added 2-24-2009 by Ord. No. 08-19]
An unbranched woody plant more than 24 inches in height and
having a caliper of less than one inch.
A part of a producing vineyard. Wineries include crushing,
fermenting, blending, aging, storage, administrative office functions
for the winery, warehousing and shipping facilities. Retail sales
and tasting facilities of wine and related promotional items shall
be permitted as part of the winery operations. Planned promotional
event or other organized activity as permitted under Article 2B, § 2-205
as amended of the Annotated Code of Maryland are included in this
definition.
[Added 3-26-2013 by Ord. No. 13-03]
A continuous area of natural vegetation that predominantly
contains trees and other woody plants. A single tree is not a woodland.
Includes plats and other nontextual writing.
A facility or site used for organized activities for children,
including sports, arts and crafts, entertainment, recreation and educational
activities. "Youth camp" may include incidental food services and
facilities for the overnight stay of camp participants. "Youth camp"
may also include the incidental use of camp facilities by private
organizations otherwise unaffiliated with the youth camp.
A building permit or a final certificate required by this Chapter 18 and in a form prescribed by the Planning Director.
Includes the Planning Commission, the Planning Director,
the Deputy Planning Director, the Zoning Administrator, and any other
employee of the Department of Planning and Zoning.
A certificate issued in accordance with Title IV when a building
permit is not required.
