Worcester County, MD Primary District Regulations

Purpose and intent. This district is intended to preserve, encourage and protect the County's farms and forestry operations and their economic productivity and to ensure that agricultural and forestry enterprises will continue to have the necessary flexibility to adjust their production as economic conditions change. Furthermore, it is the intent that in this district there shall be no basis, under this Title, for recourse against the effects of any normal farming or forestry operation as permitted in this district, including but not limited to noise, odor, vibration, fumes, dust or glare. This district is also intended to protect the land base resources for the County's agricultural and forestry industries from the disruptive effects of major subdivision or nonagricultural commercialization.

Permitted principal uses and structures. The following uses and structures shall be permitted in the A-1 District:

[Amended 4-25-2017 by Bill No. 17-3]

Poultry operations subject to the provisions of § ZS 1-349 hereof.

[Amended 4-25-2017 by Bill No. 17-3[1]]

Editor's Note: This bill also redesignated former Subsection (b)(2) through (17) as Subsection (b)(3) through (18).

Aquaculture. Minimum lot requirements shall apply for structures only and shall be: lot area, five acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Roadside stands offering for sale fresh agricultural products, fresh seafood and processed dairy products from locally raised livestock, operated by the property owner or tenant of the premises upon which such stand is located. Processed agricultural and seafood products may also be sold, provided such sales are incidental to the sales of fresh products. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-325 and 1-322 hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, fifty feet. See § ZS 1-305(r) hereof.

Manufactured homes in accordance with § ZS 1-314(a) hereof. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, fifty feet. See § ZS 1-305(r) hereof.

Minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Rural cluster subdivisions in accordance with the provisions of § ZS 1-308 hereof.

Divisions of land for agricultural purposes in accordance with the provisions of § ZS 1-311(b)(4).

Public and private conservation areas, including wildlife reservations, arboretums and demonstration forests. Minimum lot requirements shall apply for buildings only and shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Private noncommercial cabins, tents, recreational vehicles or manufactured or mobile homes for seasonal and not permanent or year-round occupancy. Minimum lot requirements shall be: lot area, five acres; lot area per cabin, tent, recreational vehicle or manufactured or mobile home, five acres, limited to not more than five such units; lot width, four hundred feet; front yard setback, one hundred feet [see § ZS 1-305(b) hereof]; each side yard setback, one hundred feet; and rear yard setback, one hundred feet. Such structures need not be located on a lot which abuts upon a road but are subject to Department of the Environment approval.

Fishing, trapping, hunting, hunting blinds and wildlife observation structures. No lot requirements shall apply.

Landing strips in accordance with the provisions of § ZS 1-345(a), Subsection (2) of the definition of "airfield," hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles and freestanding towers up to one hundred fifty feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 3-15-2011 by Bill No. 11-2]

Special exceptions. The following principal uses and structures may be permitted by special exception in the A-1 District in accordance with the provisions of § ZS 1-116(c) hereof:

Commercial grain dryers, feed mills, grain, fertilizer, feed, seed, implement and other agricultural storage and repair and sales facilities. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof. Facilities for the bulk handling of grain, fertilizer and other materials shall be located at least two hundred feet from all perimeter property lines and public road rights-of-way.

Agricultural processing plants, storage, and wholesale or retail sale of locally grown vegetables and field crops. Minimum lot requirements shall be: lot area, five acres; lot width, four hundred feet; front yard setback, one hundred feet; each side yard, one hundred feet; and rear yard setback, one hundred feet.

Livestock purchase and sales yards. Minimum lot requirements shall be: lot area, ten acres; lot width, five hundred feet; front yard setback, fifty feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet. Furthermore, all buildings and yards designed for the concentrated containment of animals shall be located at least two hundred feet from any perimeter property line or public road right-of-way.

Commercial repair of seafood harvesting and agricultural equipment (not including general highway vehicles). Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; provided that all work and storage areas are enclosed within a building or screened from public view.

Landing, storage and processing facilities for seafood, including sales of the seafood landed or processed on site. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Aquaculture processing facilities, including freezing, packing, canning, processing, storage and shipping facilities and wholesale and retail sales. Minimum lot requirements shall apply for structures only and shall be: lot area, five acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof

Roadside stands and garden centers offering for sale fresh agricultural products, fresh seafood, nursery stock and plants but not including gardening supplies and equipment, lawn ornaments, and similar items. Minimum lot requirements shall be: lot area, three acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-322 and 1-325 hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

Sawmills and the manufacturing or processing of wood products. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, one hundred feet; each side yard, one hundred feet; and rear yard setback, one hundred feet; and subject to the provisions of § ZS 1-325 hereof. No logs, lumber or by-products shall be stored in any required yard setback, and all power-driven machinery shall be located at least two hundred feet from all perimeter property lines and public road rights-of-way.

Agritourism facility. On a farm, as defined herein, the use of not more than thirty percent of the gross acreage of a lot or parcel, for agritourism uses and structures as defined herein. Minimum lot requirements for the agritourism uses and structures shall be: lot area, ten acres; lot width, two hundred feet; front yard setback, fifty feet; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of §§ ZS 1-322, ZS 1-323 and ZS 1-325 hereof. Festivals may be permitted up to four times per year. For purposes of this section, a "festival" is an event conducted at an agritourism facility for up to three consecutive days for the purpose of promoting products grown on the farm or farm-related education or recreation. All amplified outdoor entertainment or background music shall only be permitted between 1:00 p.m. and 10:00 p.m. Overnight events are prohibited.

[Amended 8-17-2021 by Bill No. 21-7 [2]]

Editor's Note: This bill also repealed former Subsection (c)(10), Wineries as a part of a producing vineyard, as amended 7-19-2016 by Bill No. 16-4 and 2-21-2017 by Bill No. 16-6, and renumbered former Subsection (c)(11) through (34) as Subsection (c)(10) through (33), respectively.

Farm labor camps for temporary occupancy. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, two hundred feet; each side yard setback, two hundred feet; and rear yard setback, two hundred feet. Furthermore, such camps shall be limited to no more than fifteen units with a maximum capacity of six persons per unit, provided that all state and County health regulations shall be met.

Manufactured homes for nonresidential use. Use of a manufactured home for other than residential purposes shall be limited to uses permitted in the A-1 District and shall meet the lot requirements specified for such use, subject to the provisions of § ZS 1-314 hereof. See § ZS 1-305(r) hereof.

Firehouses, governmental offices and other public buildings, structures and uses of an administrative or public-service type. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Assisted living facilities, provided they are residence-based and serve no more than five clients. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

Day-care centers. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, fifty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

Surface mining in accordance with the provisions of § ZS 1-330 hereof.

Commercial riding and boarding stables for three or more animals. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. Furthermore, stables shall be located at least two hundred feet from any perimeter property line or public road right-of-way, and there shall be one acre of lot area for each animal stabled.

Conversion of existing vacant or inactive structures previously utilized for commercial, industrial or agricultural processing purposes into uses consistent with the intent of the A-1 District and its permitted principal uses and with the general character of the surrounding area. Minimum lot requirements shall be as determined and approved by the Board of Zoning Appeals. Conversion of existing structures shall be established only with Health Department approval and shall be subject to the provisions of § ZS 1-325 hereof.

Churches, temples and mosques. Minimum lot requirements shall be: lot area, two acres; lot width, two hundred feet; front yard setback, thirty feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. See § ZS 1-305(r) hereof.

Cemeteries, including family burial grounds, chapels and mausoleums. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; and no side or rear yard setbacks required unless imposed by the Board. No structures, monuments or grave sites shall be located in any required yard setback.

Gun clubs, archery ranges and shooting ranges. Minimum lot requirements shall be: lot area, one hundred acres; lot width, one thousand feet; front yard setback, three hundred feet; each side yard setback, three hundred feet; and rear yard setback, three hundred feet; and subject to the provisions of § ZS 1-325 hereof.

Public and private noncommercial cultural, social and recreational areas and centers, including parks and playgrounds but not including community centers, fraternal lodges, country clubs, swimming pools, summer camps, and racetracks. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

(22)

Public utility structures and properties other than essential services as defined in § ZS 1-121 hereof, including cross-County lines and mains of all kinds, subject to the provisions of § ZS 1-325 hereof. Minimum lot requirements for construction, maintenance or storage buildings or yards shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. See § ZS 1-328 hereof for lot requirements for all other facilities. During its review of any public utility structure or property, the Planning Commission may require screening, buffering or landscaping of said structure or property where deemed necessary to protect adjoining land uses.

Wastewater and water treatment facilities in accordance with the provisions of § ZS 1-328 hereof.

Sewage sludge disposal site areas subject to the provisions of § ZS 1-328 hereof.

(25)

Solid waste disposal sites in accordance with the provisions of § ZS 1-329 hereof.

(26)

Dredge spoil disposal sites. Lot requirements for dredge spoil disposal sites, special conditions of operation and conditions regarding reclamation of sites shall be as specified by the Board of Zoning Appeals.

(27)

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

(28)

Monopoles and freestanding towers over one hundred fifty feet in height and guyed towers, subject to the provisions of § ZS 1-343 hereof.

(29)

Small and medium wind energy conversion systems over one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

(30)

Commercial kennels. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. Furthermore, all outside pens and runways shall be at least two hundred feet from any perimeter property line or public road right-of-way.

[Added 6-19-2012 by Bill No. 12-3;[3] amended 6-15-2021 by Bill No. 21-4]

Editor's Note: This bill also redesignated former § ZS 1-201(c)(31) as § ZS 1-201(c)(32).

(31)

Noncommercial scientific research stations for the collection of atmospheric, astronomic, weather or biological data for research purposes by academic, non-profit or governmental entities. Minimum lot requirements for structures only shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, fifty feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet. Notwithstanding the provisions of § ZS 1-305(n) the maximum height of any equipment or structure shall be fifty feet. Furthermore, all radar or microwave equipment for data collection or antennas for data transmission shall be separated by not less than five hundred feet from the nearest existing or permitted residential structure on an adjacent parcel.

[Added 12-16-2014 by Bill No. 14-12[4]]

[4]

Editor's Note: This bill also renumbered former Subsection (c)(32) as Subsection (c)(33).

(32)

On a farm as defined herein, the accessory use of a principal agricultural structure or use of land for the commercial hosting of non-agricultural functions and events, including, but not limited to, wedding receptions, family reunions, birthday and anniversary celebrations, children's parties, corporate and employee appreciation parties, and the like. All such uses must be clearly accessory and subordinate to the principal agricultural structure or use of the property. All building, fire, health, zoning, and environmental code requirements for such a use or facility shall apply to the same extent as if the structure or use of land was not located on a farm. Minimum lot requirements for the principal agricultural structure or use of land shall be: lot area, twenty-five acres; lot width, two hundred feet; front yard setback, one hundred feet; each side yard setback, one hundred feet; and rear yard setback, one hundred feet; and subject to the provisions of § ZS 1-325 hereof. The site of the commercial event itself and all associated use areas shall be located not less than five hundred feet from any residential structure on an adjacent property or public road and no variance to this requirement is permitted notwithstanding the provisions of § ZS 1-116(c)(4). Any amplified music associated with such a use must end by 11:00 p.m.

[Added 2-21-2017 by Bill No. 16-7[5]]

[5]

Editor's Note: This bill also redesignated former Subsection (c)(33) as Subsection (c)(34).

(33)

Food waste composting facilities in accordance with § ZS 1-329.

[Added 10-18-2022 by Bill No. 22-18[6]]

[6]

Editor's Note: This bill also redesignated former Subsection (c)(33) as Subsection (c)(34).

(34)

Any use or structure which is determined by the Board of Zoning Appeals to be of the same general character as an above-permitted use, not specifically mentioned in another district and compatible with the general character and intent of the A-1 District.

Accessory uses and structures. The following accessory uses and structures shall be permitted in the A-1 District:

On a farm, as herein defined, a second single-family dwelling for the farm owner, farm tenant or member of his immediate family or for a person primarily engaged in the operation of the farm, provided that the dwelling is located such that, if it were subdivided from the main parcel, it could meet all of the requirements for a single-family dwelling in the A-1 District.

Noncommercial private residential parking garages and areas, noncommercial buildings for farm animals, swimming pools and other customary residential outbuildings and structures for the use of residents. Buildings for farm animals shall be at least fifty feet from any perimeter property line or public road right-of-way.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

The keeping of not more than two roomers or boarders.

Roadside stands not to exceed a maximum of one hundred fifty square feet in size and offering for sale fresh agricultural products, operated by the property owner or tenant of the premises upon which such stand is located. Such stands shall be located so as not to create a traffic hazard, shall be completely removed at the end of the fresh product season and shall be subject to the provisions of § ZS 1-305(h)(2)A hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

On a farm, as defined herein, not more than two manufactured homes for the farm owner, tenant or member of his immediate family or for persons primarily engaged in the operation of the farm, provided that such manufactured homes are located in the farm building group, no closer to any public road right-of-way than the principal building, no closer than the required front yard setback and not less than one hundred feet from any side or rear lot line. Such manufactured homes shall be located only with the Environmental Programs Division approval, subject to the provisions of § ZS 1-314(a) hereof. A manufactured home in the farm building group shall be located within two hundred feet of the main farm building or accessory farm structure.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

Noncommercial production of biofuels on a farm as a use incidental to the farm operation.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roof principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

The Board of Zoning Appeals may permit as a special exception an increase in the maximum height, but not number of stories, of a residential accessory structure to no more than thirty-five feet if, in the view of the Board, such increase will serve to reduce an environmental impact and no neighborhood adverse effects or safety hazards will be created. Notwithstanding the provisions of §§ ZS 1-116(c)(4) and ZS 1-305(h)(2), any residential accessory structure exceeding twenty-five feet in height shall comply with the setbacks for the principal use or structure.

[Added 1-5-2021 by Bill No. 21-1]

Other regulations. The uses and structures permitted in the A-1 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-202 A-2 Agricultural District.

Purpose and intent. This district is intended to foster the County's agricultural heritage and uses while also accommodating compatible uses of a more commercial nature that require large tracts of land. The A-2 District may also be used for limited residential development through consolidated development rights and as a place marker for future annexations only where adjacent to existing municipalities. Furthermore, it is the intent that in this district there shall be no basis, under this Title, for recourse against the effects of any normal farming or forestry operation as permitted in this district, including but not limited to noise, odor, vibration, fumes, dust or glare.

Permitted principal uses and structures. The following uses and structures shall be permitted in the A-2 District:

[Amended 4-25-2017 by Bill No. 17-3]

Poultry operations subject to the provisions of § ZS 1-349 hereof.

[Added 4-25-2017 by Bill No. 17-3[1]]

Editor's Note: This bill also redesignated former Subsection (b)(2) through (18) as Subsection (b)(3) through (19).

Roadside stands offering for sale fresh agricultural products, fresh seafood and processed dairy products from locally raised livestock, operated by the property owner or tenant of the premises upon which such stand is located. Processed agricultural and seafood products may also be sold, provided such sales are incidental to the sales of fresh products. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-322 and 1-325 hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

Minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Rural cluster subdivisions in accordance with the provisions of § ZS 1-308 hereof.

Consolidated development rights subdivisions in accordance with the provisions of § ZS 1-309 hereof.

Divisions of land for agricultural purposes in accordance with the provisions of § ZS 1-311(b)(4).

Fishing, trapping, hunting, hunting blinds and wildlife observation structures. No lot requirements shall apply.

Landing strips in accordance with the provisions of § ZS 1-345(a), Subsection (2) of the definition of "airfield," hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles and freestanding towers up to one hundred fifty feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 3-15-2011 by Bill No. 11-2]

Casino Entertainment District, subject to the provisions of § ZS 1-352 hereof.

[Added 10-20-2020 by Bill No. 20-7]

Special exceptions. The following principal uses and structures may be permitted by special exception in the A-2 District in accordance with the provisions of § ZS 1-116(c) hereof:

Roadside stands and garden centers offering for sale fresh agricultural products, fresh seafood, nursery stock, plants, gardening supplies and equipment, lawn ornaments, and similar items. Minimum lot requirements shall be: lot area, three acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-322 and 1-325 hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

[Amended 8-17-2021 by Bill No. 21-7 [2]]

Editor's Note: This bill also repealed former Subsection (c)(10), Wineries as a part of a producing vineyard, as amended 7-19-2016 by Bill No. 16-4 and 2-21-2017 by Bill No. 16-6, and renumbered former Subsection (c)(11) through (44) as Subsection (c)(10) through (43), respectively.

Marine yards for the construction and major repair of watercraft, including marine railways, general marine activities and incidental retail sales of parts and accessories. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Storage yards and buildings for storage of watercraft and recreational vehicles. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Structures and storage yards for contractors' shops, equipment and material storage yards, such as electrician, carpenter, plumber, HVAC, sheet metal, sign painting, printing, upholstery, furniture painting or interior decorating, merchandise fabrication and repair, but not including any retail sales. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet, and subject to the provisions of § ZS 1-325 hereof. In addition, such structures and storage yards shall be screened on all sides in accordance with the provisions of § ZS 1-322 hereof.

Veterinary clinics and commercial kennels. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. Furthermore, all outside pens and runways shall be at least two hundred feet from any perimeter property line or public road right-of-way.

[Amended 6-15-2021 by Bill No. 21-4]

Fairgrounds and racetracks (but not including noncommercial racetracks). Minimum lot requirements shall be: lot area, one hundred acres; lot width, one thousand feet; front yard setback, two hundred feet; each side yard setback, two hundred feet; and rear yard setback, two hundred feet.

Golf courses, including golf driving ranges but not including miniature golf courses, in accordance with the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Golf teaching facilities, which may include golf driving ranges, golf holes, clubhouses and incidental retail sales. Minimum lot requirements shall be: lot area, five acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Rental campgrounds, membership campgrounds and cooperative campgrounds in accordance with the provisions of §§ ZS 1-318, ZS 1-322 and ZS 1-325 hereof.

Manufactured homes for nonresidential use. Use of a manufactured home for other than residential purposes shall be limited to uses permitted in the A-2 District and shall meet the lot requirements specified for such use, subject to the provisions of § ZS 1-314 hereof. See § ZS 1-305(r) hereof.

Schools. Minimum lot requirements shall be: lot area, five acres; lot width, four hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

(22)

Hospitals for inpatient and outpatient medical treatment. Minimum lot requirements shall be: lot area, five acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

(25)

[3]Bed-and-breakfast establishments, subject to the provisions of § ZS 1-340 hereof.

Editor’s Note: Former Subsection (c)(26), Conversion of an existing historic or architecturally significant dwelling into an inn of a type compatible with the character of the neighborhood but not for use as a nightclub, tavern or roadhouse, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(28) through (46) as Subsection (c)(26) through (44), respectively.

(26)

[4]Surface mining in accordance with the provisions of § ZS 1-330 hereof.

[4]

Editor’s Note: Former Subsection (c)(27), Country inns for transient overnight guests, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(28) through (46) as Subsection (c)(26) through (44), respectively.

(27)

(28)

Conversion of existing vacant or inactive structures previously utilized for commercial, industrial or agricultural processing purposes into uses consistent with the intent of the A-2 District and its permitted principal uses and with the general character of the surrounding area. Minimum lot requirements shall be as determined and approved by the Board of Zoning Appeals. Conversion of existing structures shall be established only with Health Department approval and shall be subject to the provisions of § ZS 1-325 hereof.

(29)

(30)

(31)

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, community centers, fraternal lodges, country clubs, swimming pools, summer camps, and racetracks. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof. All outdoor swimming pools, including adjacent deck and patio areas, locker areas, summer camp lodgings, and racetracks shall be at least two hundred feet from any perimeter property line and public road rights-of-way.

(32)

Public and private (commercial and noncommercial) marinas, including fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition and light maintenance facilities for hull, deck and interior repairs and painting. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

(33)

(34)

Wastewater and water treatment facilities, in accordance with the provisions of § ZS 1-328 hereof.

(35)

Sewage sludge disposal site areas subject to the provisions of § ZS 1-328 hereof.

(36)

Solid waste disposal sites in accordance with the provisions of § ZS 1-329 hereof.

(37)

(38)

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

(39)

Monopoles and freestanding towers over one hundred fifty feet in height and guyed towers, subject to the provisions of § ZS 1-343 hereof.

(40)

Small and medium wind energy conversion systems over one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

(41)

[Added 12-16-2014 by Bill No. 14-12]

(42)

On a farm as defined herein, the accessory use of a principal agricultural structure or use of land for the commercial hosting of non-agricultural functions and events, including, but not limited to, wedding receptions, family reunions, birthday and anniversary celebrations, children's parties, corporate and employee appreciation parties, and the like. All such uses must be clearly accessory and subordinate to the principal agricultural structure or use of the property. All building, fire, health, zoning, and environmental code requirements for such a use or facility shall apply to the same extent as if the structure or use of land was not located on a farm. Minimum lot requirements for the principal agricultural structure or use of land shall be: lot area, twenty-five acres; lot width, two hundred feet; front yard setback, one hundred feet; each side yard setback, one hundred feet; and rear yard setback, one hundred feet; and subject to the provisions of § ZS 1-325 hereof. The site of the commercial event itself and all associated use areas shall be located not less than five hundred feet from any residential structure on an adjacent property or public road and no variance to this requirement is permitted notwithstanding the provisions of § ZS 116(c)(4). Any amplified music associated with such a use must end by 11:00 p.m.

[Added 2-21-2017 by Bill No. 16-7]

(43)

Food waste composting facilities in accordance with § ZS 1-329.

[Added 10-18-2022 by Bill No. 22-18[5]]

[5]

Editor's Note: This bill also redesignated former Subsection (c)(43) as Subsection (c)(44).

(44)

Accessory uses and structures. The following accessory uses and structures shall be permitted in the A-2 District:

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

The keeping of not more than two roomers or boarders.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

At the site of a fairground or racetrack as specified in Subsection (c)(16) hereof, on-site housing for owners or employees may be provided. The total amount cannot exceed one single-family residential unit and bunkhouses with a maximum of twenty-five beds with shared kitchen, bathroom and living facilities to be located in not more than five buildings. All bunkhouses must be located not more than two hundred feet from the main buildings associated with the fairground or racetrack. The one single-family residential unit may exceed the limitation of two hundred feet in separation.

Noncommercial production of biofuels on a farm as a use incidental to the farm operation.

[Added 1-5-2021 by Bill No. 21-1]

Other regulations. The uses and structures permitted in the A-2 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-203 E-1 Estate District.

Purpose and intent. At the time of its original adoption in 1992, this district was intended to protect and preserve the open character of the rural areas and the environmentally sensitive areas of the County and to enhance the estate character of these neighborhoods. However, advancements in technology have allowed for more in-depth analysis of the lands' suitability for development. This technology shows that approximately eighty percent of the current E-1 Estate District lands lie in a hurricane inundation zone. Hazard mitigation planning calls for development to be located outside such areas. Additionally, much of the zoning district borders roadways that will require extensive improvements to maintain adequate levels of service if the properties are developed. For lands zoned E-1 Estate District on the effective date of these regulations it is the intent of these regulations to allow for their orderly development until these regulations are amended to reflect changes in the Comprehensive Plan resulting from its next state-mandated periodic review. It is further the intent of this section that no additional lands shall be included in this zoning district either by a comprehensive rezoning or individual application and that the district shall be eliminated subsequent to the next state-mandated review of the Comprehensive Plan.

Permitted principal uses and structures. The following uses and structures are permitted in the E-1 District:

Agriculture, including feeding lots, dairy barns, agricultural lagoons, hog houses, noncommercial grain dryers, the raising of livestock, farm offices, commercial and noncommercial greenhouses and nurseries, and noncommercial maintenance, storage and repair facilities, excluding commercial grain dryers. Minimum lot requirements shall be: lot area, five acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet. See § ZS 1-305(r) hereof.

[Amended 4-25-2017 by Bill No. 17-3]

[1]Poultry operations subject to the provisions of § ZS 1-349 hereof.

[Added 4-25-2017 by Bill No. 17-3[2]]

Editor's Note: Former Subsection (b)(2), Aquaculture, was repealed 10-21-2014 by Bill No. 14-11. Bill No. 14-11 also renumbered former Subsection (b)(3) through (16) as Subsection (b)(2) through (15), respectively.

Editor's Note: This bill also redesignated former Subsection (b)(2) through (15) as Subsection (b)(3) through (16).

Roadside stands offering for sale fresh agricultural products, fresh seafood and processed dairy products from locally raised livestock, operated by the property owner or tenant of the premises upon which such stand is located. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-322 and 1-325 hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, eighty thousand square feet; maximum density, one unit per two net acres; lot width, two hundred feet; front yard setback, fifty feet; each side yard setback, fifty feet; and rear yard setback, fifty feet.

Manufactured homes in accordance with § ZS 1-314(b) hereof. Minimum lot requirements shall be: lot area, eighty thousand square feet; maximum density, one unit per two net acres; lot width, two hundred feet; front yard setback, fifty feet; each side yard setback, fifty feet; and rear yard setback, fifty feet.

Minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Rural cluster subdivisions in accordance with the provisions of § ZS 1-308 hereof.

Consolidated development rights subdivisions in accordance with the provisions of § ZS 1-309 hereof.

Major cluster subdivisions in accordance with the provisions of §§ ZS 1-307 and ZS 1-311 hereof.

Golf courses, including golf driving ranges but not miniature golf courses, subject to the provisions of § ZS 1-325 hereof.

Public and private conservation areas, including wildlife reservations, arboretums and demonstration forests. Minimum lot requirements shall apply for structures only and shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Fishing, trapping and hunting blinds and wildlife observation structures. No lot requirements shall apply.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles up to one hundred fifty feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred feet in height, subject to the provisions of § ZS 1-344 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the E-1 District in accordance with the provisions of § ZS 1-116(c) hereof.

Firehouses and other public buildings, structures and uses. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet.

Assisted living facilities, provided they are residence-based and serve no more than five clients. Minimum lot requirements shall be: lot area, eighty thousand square feet; lot width, two hundred feet; front yard setback, fifty feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof.

[3]Bed-and-breakfast establishments, subject to the provisions of § ZS 1-340 hereof.

Editor’s Note: Former Subsection (c)(4), Conversion of an existing historic or architecturally significant dwelling into an inn of a type compatible with the character of the neighborhood but not for use as a nightclub, tavern or roadhouse, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(6) through (22) as Subsection (c)(4) through (20), respectively.

[4]Commercial riding and boarding stables for three or more animals. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. Furthermore, stables shall be located at least two hundred feet from any perimeter property line or public road right-of-way, and there shall be one acre of lot area for each animal stabled.

[4]

Editor’s Note: Former Subsection (c)(5), Country inns for transient overnight guests, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(6) through (22) as Subsection (c)(4) through (20), respectively.

Churches, temples and mosques. Minimum lot requirements shall be: lot area, two acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet.

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, community centers, nonprofit environmental conservation and land preservation organization offices, country clubs, swimming pools and golf courses but excluding summer camps, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof. All outdoor swimming pools, including adjacent deck and patio areas, and locker areas shall be at least two hundred feet from any perimeter property lines and public road rights-of-way.

[Amended 1-19-2016 by Bill No. 15-14]

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles over one hundred fifty feet in height, but not exceeding one hundred ninety-nine feet, and freestanding towers up to one hundred fifty feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 7-19-2011 by Bill No. 11-3]

[Added 2-18-2014 by Bill No. 14-1]

Aquaculture. Minimum lot requirements shall be: lot area, fifteen acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

[Added 10-21-2014 by Bill No. 14-11]

Structures and storage yards for marine activities, including dry storage of seaworthy boats in operable condition and light maintenance facilities for engine, hull, deck and interior repairs and painting; all light engine maintenance shall be conducted within an enclosed building. Minimum lot requirements shall be: lot area, twenty acres; lot width, two hundred feet; front yard setback, two hundred feet; each side yard setback, two hundred feet; and rear yard setback, two hundred feet; and subject to the provisions of § ZS 1-325. In addition, such structures and storage yards shall be screened on all sides in accordance with the provisions of § ZS 1-322. If vegetated screening of thirty-five feet or more in width is provided in that portion of the setback closest to the use area, the minimum setbacks may be reduced by the Board of Zoning Appeals to one hundred feet.

[Added 5-19-2015 by Bill No. 15-6]

[Added 9-19-2017 by Bill No. 17-9[5]]

[5]

Editor's Note: This bill also redesignated former Subsection (c)(21) as Subsection (c)(22).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the E-1 District:

Noncommercial private residential parking garages and areas, stables for horses or ponies, swimming pools and other customary nonresidential outbuildings and structures for the use of residents. Stables shall be at least fifty feet from any perimeter property line or public road right-of-way and at least two hundred feet from any existing dwelling on adjoining properties.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

On a farm, as defined herein, not more than two manufactured homes for the farm owner, tenant or member of his immediate family or for persons primarily engaged in the operation of the farm, provided that such manufactured homes are located in the farm building group, no closer to any public road right-of-way than the principal building, no closer than the required front yard setback and not less than one hundred feet from any side or rear lot line. Such manufactured homes shall be located only with the Environmental Programs Division approval, subject to the provisions of § ZS 1-314 hereof. A manufactured home in the farm building group shall be located within two hundred feet of the main farm building or accessory farm structure.

The keeping of not more than two roomers or boarders.

[Added 10-15-2019 by Bill No. 19-3]

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Other regulations. The uses and structures permitted in the E-1 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-204 V-1 Village District.

Purpose and intent. This district is intended to protect and preserve the unique mixed use character and historical charm of the existing crossroads villages of the County. New development within this district should be of an appropriate scale and use so as to be compatible with the existing pattern of development. In addition, new development is intended to be channeled into effective service areas to permit the efficient provision of public services.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the V-1 District:

Single-family clustered housing. Minimum lot requirements shall be: lot area, eight thousand square feet; maximum density, five units per net acre; lot width, sixty feet; front yard setback, fifteen feet; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-307 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; maximum density, five units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet.

Two-family dwelling units. Minimum lot requirements shall be: lot area, ten thousand square feet per unit [see § ZS 1-305(l) hereof]; maximum density, five units per net acre; lot width, eighty feet per unit; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet.

Manufactured homes in accordance with § ZS 1-314(b) hereof. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; maximum density, five units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet.

Major and minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Churches, temples and mosques. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifteen feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

Bed-and-breakfast establishments, subject to the provisions of § ZS 1-340 hereof.

Public and quasi-public buildings and structures of a recreational, conservation, cultural and public-service type, including firehouses, subject to the provisions of § ZS 1-325 hereof. The yard and setback requirements of a single-family dwelling shall apply.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the V-1 District in accordance with the provisions of § ZS 1-116(c) hereof:

General stores for the sale of groceries, dry goods and hardware, provided that the total gross floor area shall not exceed five thousand square feet. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof.

Curio shops, craft shops and similar uses consistent with the character of the village shall be limited to a gross floor area of one thousand square feet. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof.

Fuel sales in connection with a store permitted under this section, provided that all fuel storage must be underground, and subject to the provisions of § ZS 1-325 hereof.

Professional offices not meeting the requirements for home occupations but limited to no more than four employees. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof.

Restaurants for on-premises food consumption, provided that the total gross floor area shall not exceed three thousand five hundred square feet. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof.

Special bake shops with a commercial kitchen, provided that the total gross floor area of the bake shop, kitchen and associated uses shall not exceed five thousand square feet. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof.

Personal service establishments, provided that the total gross floor area shall not exceed two thousand five hundred square feet. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof.

Roadside stands offering for sale fresh agricultural products, fresh seafood and processed dairy products from locally raised livestock, operated by the property owner or tenant of the premises upon which such stand is located. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-322 and 1-325 hereof. Signs shall be subject to the provisions of § ZS 1-324 hereof.

Day-care centers. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifteen feet; and rear yard setback, thirty feet; and subject to the provisions of §§ ZS 1-305(r) and ZS 1-325 hereof.

[1]Group homes. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet. The applicant shall provide evidence that such facility shall be of sufficient size to accommodate the proposed number of developmentally disabled persons and staff and that the facility will not constitute a nuisance. Such facility shall be subject to the provisions of § ZS 1-325 hereof, and no group home shall be located within one thousand feet of any other group home.

Editor’s Note: Former Subsection (c)(11), which limited the number of boarders or roomers in boarding or lodging houses, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(13) through (22) as Subsection (c)(11) through (20), respectively.

[2]Public utility structures and properties other than essential services as defined in § ZS 1-121 hereof, including cross-County lines and mains of all kinds, subject to the provisions of § ZS 1-325 hereof. Minimum lot requirements for construction, maintenance or storage buildings or yards shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. See § ZS 1-328 hereof for lot requirements for all other facilities. During its review of any public utility structure or property, the Planning Commission may require screening, buffering or landscaping of said structure or property where deemed necessary to protect adjoining land uses.

Editor’s Note: Former Subsection (c)(12), Country inns for transient overnight guests, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(13) through (22) as Subsection (c)(11) through (20), respectively.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 7-19-2011 by Bill No. 11-3]

Large day-care homes. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifteen feet; and rear yard setback, thirty feet.

[Added 2-18-2014 by Bill No. 14-1]

[Added 10-21-2014 by Bill No. 14-10]

Existing commercial or industrial uses and structures in the V-1 District. It is the intent of this section to provide for the continued existence and operation of commercial or industrial uses and structures which exist in the V-1 zoned areas of the County, provided that such uses or structures do not constitute a nuisance or a source of significant environmental pollution. It is not the intent hereof to allow the creation of new commercial or industrial uses which are not allowed under this section, but rather to protect those enterprises which exist in the villages on the effective date of this Title.

Accessory uses and structures. The following accessory uses and structures shall be permitted within the V-1 District:

Uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

Uses and structures customarily associated with and directly incidental to the uses and structures permitted by special exception only after such special exception has been granted by the Board of Zoning Appeals.

Noncommercial private residential parking garages and parking areas, swimming pools and other customary residential outbuildings and structures for the use of residents.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Stables and pastures for horses and ponies as an accessory use only. Stables and pastures shall be prohibited on lots less than five acres in size. Where permitted, stables shall be at least one hundred feet from any perimeter property line or public road right-of-way and at least two hundred feet from any existing dwelling on adjoining properties.

The keeping of not more than two roomers or boarders.

[Added 10-15-2019 by Bill No. 19-3]

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Other regulations. The uses and structures permitted in the V-1 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-205 R-1 Rural Residential District.

Purpose and intent. This district is intended to protect and preserve the low-density rural residential areas of the County which are not generally planned for substantial population growth and for which limited public services are available or planned. Low-density residential development is permitted in this district while relatively low-intensity uses necessary to serve the needs of the local population may also be compatible. Cluster development and residential planned communities are encouraged in this district in order to preserve and maintain the open space and natural environment currently present in these areas.

Permitted principal uses and structures. The following uses and structures are permitted in the R-1 District:

Single-family clustered housing. Minimum lot requirements shall be: lot area, eight thousand square feet; maximum density, one unit per net acre; lot width, sixty feet; front yard setback, fifteen feet; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-307 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, forty thousand square feet; maximum density, one unit per net acre; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, fifty feet.

Manufactured homes in accordance with § ZS 1-314(b) hereof. Minimum lot requirements shall be: lot area, eight thousand square feet; maximum density, one unit per net acre; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, fifty feet.

Major and minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Fishing, trapping and hunting blinds and wildlife observation structures. No lot requirements shall apply.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the R-1 District in accordance with the provisions of § ZS 1-116(c) hereof:

Schools, including boarding schools. Minimum lot requirements shall be: lot area, five acres; lot width, four hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet. Any boarding facilities shall be two hundred feet from any perimeter property line or public road right-of-way.

Day-care centers. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifteen feet; and rear yard setback, fifty feet.

Nursing facilities and assisted living facilities. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet.

Planned senior developments, subject to the provisions of § ZS 1-316 hereof.

Group homes. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet. The applicant shall provide evidence that such facility shall be of sufficient size to accommodate the proposed number of developmentally disabled persons and staff and that the facility will not constitute a nuisance. Such facility shall be subject to the provisions of § ZS 1-325 hereof, and no group home shall be located within one thousand feet from any other group home.

Firehouses, governmental offices and other public buildings, structures and uses. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet.

Cemeteries, including chapels and mausoleums. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; no side or rear yard setbacks required unless imposed by the Board. No structures, monuments or grave sites shall be located in any required yard setback.

Golf courses, including golf driving ranges but not including miniature golf courses, in accordance with the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, community centers, country clubs, and swimming pools but excluding summer camps, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof. All outdoor swimming pools, including adjacent deck and patio areas, and locker areas shall be at least two hundred feet from any perimeter property lines and public road rights-of-way.

Private noncommercial marinas designed for the mooring, launching and fueling of pleasure craft, provided that dry storage and boat maintenance facilities do not exceed twenty-five feet in height. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; provided, however, that any such marina, boat storage, launching or maintenance facility must be incidental to a principal permitted use or structure, group of uses or group of structures and located on the same or on a contiguous lot or tract of land. Such marina, boat storage, launching or maintenance facility may serve a single lot or group of lots, provided that it is contiguous to one or more of such lots or a common area contiguous to and serving the lots. Any marina, boat storage, launching or maintenance facility may not provide for the docking, storage or maintenance of more than one boat per lot or per dwelling unit. The Board of Zoning Appeals may grant a waiver of the requirement of contiguousness, but in no event shall the marina, boat storage, launching or maintenance facility be permitted more than two hundred feet from the lot or from one of the lots served.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles over one hundred feet in height, but not exceeding one hundred ninety-nine feet, and freestanding towers up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Heliports for emergency and law enforcement aircraft only subject to the provisions of § ZS 1-345 hereof.

Commercial riding and boarding stables for three or more animals. Minimum lot requirements shall be: lot area, ten acres; lot width, five hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet. Furthermore, stables shall be located at least two hundred feet from any perimeter property line or public road right-of-way, and there shall be one acre of lot area for each animal stabled. Furthermore, notwithstanding the provisions of § ZS 1-116(c)(4), in no case shall commercial riding and boarding stables be located on parcels with a lot area of less than ten acres.

[Added 4-17-2012 by Bill No. 12-2[1]]

Editor's Note: This bill also redesignated former § ZS 1-205(c)(18) as § ZS 1-205(c)(19).

Large day-care homes. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifteen feet; and rear yard setback, fifty feet.

[Added 2-18-2014 by Bill No. 14-1[2]]

Editor's Note: This bill also renumbered former Subsection (c)(19) as Subsection (c)(20).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-1 District:

Noncommercial private residential parking garages and areas, swimming pools and other customary residential outbuildings and structures for the use of residents.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

The keeping of not more than two roomers or boarders.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Other regulations. The uses and structures permitted in the R-1 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-206 R-2 Suburban Residential District.

Purpose and intent. This district is primarily intended to protect and preserve existing residential subdivisions throughout the County and to provide for compatible infill development in those areas. Furthermore, as contemplated by the Comprehensive Plan, this district can serve as an intermediate band of a traditional neighborhood development as it transitions from a higher-density core to a much lower-density edge. The Comprehensive Plan recommends that designated growth areas be developed as traditional neighborhoods. Projects of greater than twenty dwelling units which are proposed after the effective date of this Title are required to be developed as residential planned communities in order to encourage traditional neighborhood development and utilization of conservation design principles. Therefore, new development in this district may be at densities higher than that cited below as the maximum density, provided adequate sewer service is available, while infill development in existing developed areas shall be at densities consistent with those allowed by the primary district regulations.

Permitted principal uses and structures. The following uses and structures are permitted in the R-2 District:

Single-family clustered housing. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; maximum density, four units per net acre; lot width, fifty feet; front yard setback, fifteen feet; each side yard setback, five feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-307 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; maximum density, four units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet.

Manufactured homes in accordance with § ZS 1-314(b) hereof. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; maximum density, four units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet.

Major and minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Group homes. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet. The applicant shall provide evidence that such facility shall be of sufficient size to accommodate the proposed number of developmentally disabled persons and staff and that the facility will not constitute a nuisance. Such facility shall be subject to the provisions of § ZS 1-325 hereof, and no group home shall be located within one thousand feet from any other group home.

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, community centers, country clubs, and swimming pools provided as an amenity to a use allowed as a permitted principal use or structure, but excluding summer camps, fraternal lodges, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. All outdoor swimming pools, including adjacent deck and patio areas, and locker areas shall be at least two hundred feet from any perimeter property lines and public road rights-of-way.

Public and private conservation areas, including wildlife reservations, arboretums and demonstration forests. Minimum lot requirements shall apply only to structures and shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Fishing, trapping and hunting blinds and wildlife observation structures. No lot requirements shall apply.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the R-2 District in accordance with the provisions of § ZS 1-116(c) hereof:

Planned senior developments, subject to the provisions of § ZS 1-316 hereof.

Assisted living facilities, provided they are residence-based and serve no more than five clients. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Schools, including boarding schools. Minimum lot requirements shall be: lot area, five acres; lot width, four hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet. Any boarding structures shall be at least two hundred feet from any perimeter property line or public road right-of-way.

Day-care centers. Minimum lot requirements shall be: lot area, twenty thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Cemeteries, including chapels and mausoleums. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; and no side or rear yard setbacks are required unless imposed by the Board. No structures, monuments or grave sites shall be located in any required yard setback.

Golf courses, including golf driving ranges but not including miniature golf courses, in accordance with the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Public and private noncommercial cultural, social, and recreational areas and centers, including fraternal lodges, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. All swimming pools and locker areas shall be at least two hundred feet from any perimeter property lines and public road rights-of-way.

Private noncommercial marinas designed for the mooring, launching and fueling of pleasure craft, provided that dry storage and boat maintenance facilities do not exceed twenty-five feet in height. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; provided, however, that any such marina, boat storage, launching or maintenance facility must be incidental to a principal permitted use of a structure, group of uses or group of structures and located on the same or on a contiguous lot or tract of land. Such marina, boat storage, launching or maintenance facility may serve a single lot or group of lots, provided that it is contiguous to one or more of such lots or a common area contiguous to and serving the lots. Any marina, boat storage, launching or maintenance facility may not provide for the docking, storage or maintenance of more than one boat per lot or per dwelling unit. The Board of Zoning Appeals may grant a waiver of the requirement of contiguousness, but in no event shall the marina, boat storage, launching or maintenance facility be permitted more than two hundred feet from the lot or from one of the lots served.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles over one hundred feet in height, but not exceeding one hundred ninety-nine feet, and freestanding towers up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Heliports for emergency and law enforcement aircraft only. See § ZS 1-345 hereof.

Large day-care homes. Minimum lot requirements shall be: lot area, twenty thousand square feet [see § ZS 1-305(1) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, eight feet; and rear yard setback, thirty feet.

[Added 2-18-2014 by Bill No. 14-1[1]]

Editor's Note: This bill also renumbered former Subsection (c)(17) as Subsection (c)(18).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-2 District:

Noncommercial private residential parking garages and areas, swimming pools and other customary residential outbuildings and structures for the use of residents.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

The keeping of not more than two roomers or boarders.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Other regulations. The uses and structures permitted in the R-2 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-207 R-3 Multi-family Residential District.

Purpose and intent. This district is intended to protect and preserve existing residential subdivisions throughout the County and to provide for compatible infill development in those areas. Furthermore, as contemplated by the Comprehensive Plan, this district can serve as the core of a traditional neighborhood development, where the highest densities are desired. The Comprehensive Plan recommends that designated growth areas be developed as traditional neighborhoods. Projects of more than twenty dwelling units which are proposed after the effective date of this Title are required to be developed as residential planned communities in order to encourage traditional neighborhood development and utilization of conservation design principles. Therefore, new development in this district may be at densities higher than that cited below as the maximum density, provided adequate sewer service is available, while infill development in existing developed areas shall be at densities consistent with those allowed by the primary district regulations.

Permitted principal uses and structures. The following uses and structures are permitted in the R-3 District:

Single-family clustered housing. Minimum lot requirements shall be: lot area, six thousand square feet; maximum density, six units per net acre; lot width, fifty feet; front yard setback, fifteen feet; each side yard setback, five feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-307 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; maximum density, six units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet.

Manufactured homes in accordance with § ZS 1-314(b) hereof. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; maximum density, six units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet.

Two-family and multi-family dwellings. Minimum lot requirements shall be: lot area, twenty-four thousand square feet [see § ZS 1-305(l) hereof]; maximum density, six units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; rear yard setback, thirty feet; and subject to the provisions of § ZS 1-312 hereof.

Townhouses. Minimum lot requirements shall be: lot area, two thousand square feet [see § ZS 1-305(l) hereof]; maximum density, six units per net acre; lot width, eighteen feet for interior units and twenty-six feet for end units; front yard setback, fifteen feet [see § ZS 1-305(b) hereof]; each side yard setback, zero feet if joined by a party wall to another unit and eight feet if not; and rear yard setback, fifteen feet; and subject to the provisions of § ZS 1-313 hereof.

Major and minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Group homes. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet. The applicant shall provide evidence that such facility shall be of sufficient size to accommodate the proposed number of developmentally disabled persons and staff and that the facility will not constitute a nuisance. Such facility shall be subject to the provisions of § ZS 1-325 hereof, and no group home shall be located within one thousand feet from any other group home.

Firehouses, governmental offices and other public buildings, structures and uses of an administrative or public-service type which serve the needs of the local community only. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, community centers and swimming pools provided as an amenity to a use allowed as a permitted principal use or structure but excluding summer camps, fraternal lodges, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. All outdoor swimming pools, including adjacent deck and patio areas, and locker areas shall be at least one hundred feet from any perimeter property lines and public road rights-of-way.

Public and private conservation areas, including wildlife reservations, arboretums and demonstration forests. Minimum lot requirements shall apply to structures only and shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Fishing, trapping and hunting blinds and wildlife observation structures. No lot requirements shall apply.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the R-3 District in accordance with the provisions of § ZS 1-116(c) hereof:

Planned senior developments, subject to the provisions of § ZS 1-316 hereof.

Day-care centers. Minimum lot requirements shall be: lot area, twelve thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet.

Churches, temples and mosques. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet.

Cemeteries, including chapels and mausoleums. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; and no side or rear yard setbacks required unless imposed by the Board. No structures, monuments or grave sites shall be located in any required yard setback.

Private noncommercial marinas designed for the mooring, launching and fueling of pleasure craft, provided that dry storage and boat maintenance facilities do not exceed twenty-five feet in height. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; provided, however, that any such marina, boat storage, launching or maintenance facility must be incidental to a principal permitted use or structure, group of uses or group of structures and located on the same or on a contiguous lot or tract of land. Such marina, boat storage, launching or maintenance facility may serve a single lot or group of lots, provided that it is contiguous to one or more of such lots or a common area contiguous to and serving the lots. Any marina, boat storage, launching or maintenance facility may not provide for the docking, storage or maintenance of more than one boat per lot or per dwelling unit. The Board of Zoning Appeals may grant a waiver of the requirements of contiguousness, but in no event shall the marina, boat storage, launching or maintenance facility be permitted more than two hundred feet from the lot or from one of the lots served.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles over one hundred feet in height, but not exceeding one hundred ninety-nine feet, and freestanding towers up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Heliports for emergency and law enforcement aircraft only and subject to the provisions of § ZS 1-345 hereof.

Large day-care homes. Minimum lot requirements shall be: lot area, twelve thousand square feet [see § ZS 1-305(1) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet.

[Added 2-18-2014 by Bill No. 14-1[1]]

Editor's Note: This bill also renumbered former Subsection (c)(16) as Subsection (c)(17).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-3 District:

Noncommercial private residential parking garages and areas, swimming pools and other customary residential outbuildings and structures for the use of residents.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

The keeping of not more than two roomers or boarders.

Accessory apartments, subject to the provisions of § ZS 1-338 hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures as provided for and regulated by § ZS 1-334 hereof.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Other regulations. The uses and structures permitted in the R-3 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-208 R-4 General Residential District.

Purpose and intent. This district is intended to protect the existing residential subdivisions throughout the County that are currently developed in accordance with its provisions while also providing for compatible infill development. Additionally, this district is meant to accommodate the most diverse housing types and range of affordability. Projects of greater than twenty dwelling units which are proposed after the effective date of this Title are required to be developed as residential planned communities in order to encourage traditional neighborhood development and utilization of conservation design principles. While this district can serve as the core of a traditional neighborhood development, it is not limited to usage only in areas designated for growth by the Comprehensive Plan.

Permitted principal uses and structures. The following uses and structures are permitted in the R-4 District:

Single-family clustered housing. Minimum lot requirements shall be: lot area, five thousand square feet; maximum density, eight units per net acre; lot width, fifty feet; front yard setback, fifteen feet; each side yard setback, five feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-307 hereof.

Single-family dwellings. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; maximum density, eight units per net acre; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet.

Two-family and multi-family dwellings. Minimum lot requirements shall be: lot area, twelve thousand square feet [see § ZS 1-305(l) hereof]; maximum density, eight units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; rear yard setback, twenty feet; and subject to the provisions of § ZS 1-312 hereof.

Townhouses. Minimum lot requirements shall be: lot area, two thousand square feet [see § ZS 1-305(l) hereof]; maximum density, eight units per net acre; lot width, eighteen feet for interior units and twenty-four feet for end units; front yard setback, fifteen feet [see § ZS 1-305(b) hereof]; each side yard setback, zero feet if joined by a party wall to another unit and eight feet if not; and rear yard setback, fifteen feet; and subject to the provisions of § ZS 1-313 hereof.

Manufactured homes in accordance with § ZS 1-314(a) hereof. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; maximum density, eight manufactured homes per net acre; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet.

Manufactured home parks and cooperative manufactured home park subdivisions in accordance with the provisions of §§ ZS 1-314, ZS 1-322 and ZS 1-325 hereof.

Major and minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Assisted living facilities, provided they are residence-based and serve no more than five clients. Minimum lot requirements shall be: lot area, ten thousand square feet; lot width, eighty feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Group homes. Minimum lot requirements shall be: lot area, ten thousand square feet [see § ZS 1-305(l) hereof]; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet. The applicant shall provide evidence that such facility shall be of sufficient size to accommodate the proposed number of developmentally disabled persons and staff and that the facility will not constitute a nuisance. Such facility shall be subject to the provisions of § ZS 1-325 hereof, and no group home shall be located within one thousand feet from any other group home.

Firehouses, governmental offices and other public buildings, structures and uses of an administrative or public-service type which serve the needs of the local community only. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, community centers and swimming pools provided as an amenity to a use allowed as a principal use or structure but excluding summer camps, fraternal lodges, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Fishing, trapping and hunting blinds and wildlife observation structures. No lot requirements shall apply.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the R-4 District in accordance with the provisions of § ZS 1-116(c) hereof:

[1]Nursing facilities and assisted living facilities. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Editor’s Note: Former Subsection (c)(1), Boarding and lodging houses, was repealed 10-15-2019 by Bill No. 19-3. Bill No. 19-3 also redesignated former Subsection (c)(2) through (18) as Subsection (c)(1) through (17), respectively.

Planned senior developments, subject to the provisions of § ZS 1-316 hereof.

Churches, temples and mosques. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Cemeteries, including chapels and mausoleums. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; and no side or rear yard setbacks shall apply unless imposed by the Board. No structures, monuments or grave sites shall be located in any required yard setback.

Private noncommercial marinas designed for the mooring, launching and fueling of pleasure craft, provided that dry storage and boat maintenance facilities do not exceed twenty-five feet in height. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, thirty feet; provided, however, that any such marina, boat storage, launching or maintenance facility must be incidental to a principal permitted use or structure, group of uses or group of structures and located on the same or on a contiguous lot or tract of land. Such marina, boat storage, launching or maintenance facility may serve a single lot or group of lots, provided that it is contiguous to one or more of such lots or a common area contiguous to and serving the lots. Any marina, boat storage, launching or maintenance facility may not provide for the docking, storage or maintenance of more than one boat per lot or per dwelling unit. The Board of Zoning Appeals may grant a waiver of the requirements of contiguousness, but in no event shall the marina, boat storage, launching or maintenance facility be permitted more than two hundred feet from the lot or from one of the lots served.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Monopoles over one hundred feet in height, but not exceeding one hundred ninety-nine feet, and freestanding towers up to one hundred feet in height, subject to the provisions of § ZS 1-343 hereof.

Heliports for emergency and law enforcement aircraft only, subject to the provisions of § ZS 1-345 hereof.

[Added 2-18-2014 by Bill No. 14-1]

Seasonal resort developments, subject to the provisions of § ZS 1-350 hereof.

[Added 4-17-2018 by Bill No. 18-2]

Accessory uses and structures. The following accessory uses and structures shall be permitted in the R-4 District:

Accessory apartments, pursuant to the provisions of § ZS 1-338 hereof.

Noncommercial private residential parking garages and areas, swimming pools and other customary residential outbuildings and structures for the use of residents.

Customary incidental home occupations, subject to the provisions of § ZS 1-339 hereof.

The keeping of not more than four roomers or boarders.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, as provided for and regulated by § ZS 1-334 hereof.

Yard sales, subject to the provisions of § ZS 1-341 hereof.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Other regulations. The uses and structures permitted in the R-4 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-209 C-1 Neighborhood Commercial District.

Purpose and intent. This district is intended to provide for convenient commercial areas strategically based to serve the day-to-day shopping and service needs of the local neighborhood. Designed to serve populations of one thousand or more within an approximate five- to ten-minute travel time, this district shall be limited to small-scale commercial operations of far less intensity than those provided for in the C-2 General Commercial District and C-3 Highway Commercial District. The scale and design of these neighborhood commercial uses should complement the scale and design of the existing neighborhood in which they are located and blend visually into the surrounding community.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the C-1 District:

Neighborhood retail and service establishments.

These include:

Retail businesses.

Personal service businesses.

Convenience food stores.

General and professional offices.

Doctors offices and clinics for human outpatient medical treatment.

Laundry establishments.

Automobile service stations for light repair and retail sales of motor vehicle fuels and automobile parts.

Self-service or full-service car washes.

Garden centers.

Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet. Furthermore, the gross floor area, including storage, for each business establishment shall not exceed two thousand five hundred square feet and no more than two establishments shall be situated on any single lot, subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Neighborhood restaurants, bars and nightclubs but not including dry nightclubs. Minimum lot requirements shall be: lot area, six thousand square feet; [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. Furthermore, the gross floor area, including storage, shall not exceed two thousand five hundred square feet.

Schools, including boarding schools. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, four hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet.

Single-family or multi-family dwelling units contained in, as a part of or attached to a principal commercial structure. Minimum lot requirements shall be as established for the principal commercial structure. The total gross square footage of all residential units shall not exceed one hundred percent of the total gross square footage of the building area devoted to commercial use. Subject to the provisions of § ZS 1-325 hereof.

Assisted living facilities. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Day-care centers. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof.

Firehouses, governmental offices and other public buildings, structures and uses of an administrative or public-service type which serve the needs of the local community only. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Major and minor subdivisions for those uses listed as permitted principal uses and structures or as special exceptions in the C-1 District only, in accordance with the provisions of § ZS 1-311 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the C-1 District in accordance with the provisions of § ZS 1-116(c) hereof:

Neighborhood retail and service establishments as defined and regulated in Subsection (b)(1) hereof, except that the gross floor area, including storage, for each business establishment may be increased to five thousand square feet and the number of establishments situated on any single lot may be increased to four, subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

[Amended 4-15-2014 by Bill No. 14-3]

Notwithstanding the limitations on the number of establishments only as contained in Subsection (c)(1) above, in the case of doctors' offices and clinics for human outpatient medical treatment, including facilities for the incidental sale of medical supplies, equipment and prescription drugs, there shall be no limit on the number of business establishments on any single lot; however, in no case shall the gross square footage of all buildings on any single lot exceed twenty thousand square feet. Furthermore, this subsection shall not be construed to permit the construction of a single retail pharmacy or medical supply and equipment establishment in excess of five thousand square feet.

Warehousing complexes not to exceed five thousand square feet in gross floor area, with individual units not exceeding two hundred square feet in size each and not to be utilized for commercial storage or other commercial purposes. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Veterinary clinics and commercial kennels Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. Furthermore, all outside pens and runways shall be at least two hundred feet from any perimeter property line or public road right-of-way.

[Amended 6-15-2021 by Bill No. 21-4]

Bed-and-breakfast establishments, subject to the provisions of § ZS 1-340 hereof.

Public, private and commercial cultural, social and recreational areas and centers, including community centers, fraternal lodges, country clubs, marinas and boat landings. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. Marinas shall include only fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition, if screened from adjoining public road rights-of-way and properties, and light maintenance facilities for minor hull, deck and interior repairs and painting.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Heliports for emergency and law enforcement aircraft only, subject to the provisions of § ZS 1-345 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 7-19-2011 by Bill No. 11-3][1]

Editor's Note: This bill also renumbered former Subsection (c)(14) as Subsection (c)(15).

Marine yards, storage yards and buildings for the repair of watercraft and recreational vehicles, general marine maintenance activities and incidental retail sales of parts and accessories. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325. The total square footage of buildings shall not exceed seven thousand five hundred square feet in gross floor area and any outdoor areas devoted to storage, light repair, display, and similar uses shall not exceed four acres. Notwithstanding the provisions of § ZS 1-209(f)(1) hereof, other than display areas, such outdoor uses shall be screened in accordance with § ZS 1-322(e)(4) hereof. Display areas shall be buffered in accordance with § ZS 1-322(e)(2). See additional provisions in Subsection (f) of this section.

[Added 5-19-2015 by Bill No. 15-7[2]]

Editor's Note: This bill also renumbered former Subsection (c)(15) as Subsection (c)(16).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the C-1 District:

On-site housing for the owner, caretaker or employees, including their immediate families, of the principal business on the site, subject to the provisions of § ZS 1-325 hereof. Such on-site housing may include accessory apartments in accordance with § ZS 1-338 hereof and manufactured homes in accordance with § ZS 1-314(b) hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no principal structure shall exceed either four stories or forty-five feet in height and no accessory structure shall exceed either two stories or twenty-five feet in height.

Additional provisions. The following additional provisions shall apply to all uses and structures in the C-1 District:

All business, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, except for the retail sale of fuels and lubricants and incidental services at service stations and marinas and the sale of nursery products. Storage shall be within completely enclosed buildings or visually screened on all sides from adjacent properties and public road rights-of-way by a solid wall or solid fence and shall be landscaped in accordance with § ZS 1-322 hereof. No storage shall be located in any required yard setback other than a rear yard.

Processes and equipment employed and goods processed, stored or sold shall be limited to those which are not objectionable by reason of light trespass, hazard, fire, odor, dust, smoke, cinders, gas, noise, vibration, radiation, refuse matter, water-carried waste or other nuisance.

All commercial uses and structures shall be subject to the provisions of §§ ZS 1-322 and 1-325 hereof.

Any side yard setback for a commercial building in the C-1 District may be reduced to zero where a party wall is provided.

Any dwelling unit or manufactured home for residential purposes legally existing as of the effective date of this Title may be subdivided from the main parcel, provided that the newly created parcel meets all of the lot requirements for such dwelling unit or manufactured home as specified in the R-4 General Residential District (see § ZS 1-208 hereof) and the remaining portion of the main parcel meets all of the lot requirements for the existing or proposed commercial use of the property.

Other regulations. The uses and structures permitted in the C-1 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-210 C-2 General Commercial District.

Purpose and intent. This district is intended to provide for more intense commercial development serving populations of three thousand or more within an approximate ten- to twenty-minute travel time. These commercial centers generally have higher parking demand and greater visibility. Consequently, design standards and careful attention to signage, landscaping, perimeter buffers, site layout and architectural design are imperative. Commercial structures and uses must be compatible with the community and the County's character. Strip commercial forms of development are strongly discouraged.

Permitted principal uses and structures. The following uses and structures are permitted in the C-2 District:

Motels and hotels. Minimum lot requirements shall be: lot area, forty thousand square feet [see § ZS 1-305(l) hereof]; lot area per unit, one thousand square feet; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Retail or service establishments.

These include:

Retail businesses.

Personal service businesses.

Restaurants, fast-food restaurants, convenience food stores, bars and nightclubs, including entertainment and dancing, but not including dry nightclubs.

General and professional offices.

Indoor commercial recreation establishments, such as bowling alleys, arcades and theaters.

Doctors offices and clinics for human outpatient medical treatment.

Bakery, laundry or dry cleaning establishments.

Veterinary clinics or kennels, including outside pens and runways.

Self-service or full-service car washes.

10.

Funeral homes.

11.

Body piercing or tattoo establishments.

12.

Commercial parking lots and parking garages.

Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet. Furthermore, the gross floor area, including storage, for any single business establishment shall not exceed sixty thousand square feet and the total gross floor area of all business establishments on the parcel shall not exceed one hundred thousand square feet, subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Contractors' shops, wholesale establishments, warehousing, and storage.

These include:

Contractors' shops, equipment and material storage yards, such as electrician, carpenter, plumber, HVAC, sheet metal, sign painting, printing, upholstery, furniture, painting or interior decorating, including retail sales, merchandise fabrication and repair.

Wholesale businesses, including packaging, warehousing, storage and distribution but excluding fuels and other flammable liquids or explosives.

Self-storage centers.

Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(1) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet and subject to the provisions of § ZS 1-325 hereof. Furthermore, with the exception of warehousing and self-storage centers, the gross floor area, including storage, for any single business establishment shall not exceed fifteen thousand square feet, and the total gross floor area of all business establishments on a parcel shall not exceed one hundred thousand square feet in gross floor area. For warehousing the total square footage shall not exceed one hundred thousand square feet in gross floor area and for self-storage centers the total square footage shall not exceed forty thousand square feet of gross floor area. Any outdoor areas devoted to storage, repair, fabrication, display, and similar uses shall not exceed two acres and shall be buffered from adjoining properties in accordance with § ZS 1-322(e)(2) hereof. See additional provisions in Subsection (f) of this section.

[Amended 11-21-2017 by Bill No. 17-11]

Vehicle, watercraft and equipment sales and service establishments.

These include:

Automotive, farm implement, manufactured home, recreational vehicle, watercraft, truck or equipment sales, service or rental establishments, including fuel and parts sales.

Sale and repair of agricultural and seafood implements and supplies, fertilizer, grain and feed. Facilities for the bulk handling of fertilizer, grain and other materials shall be located at least two hundred feet from all perimeter property lines and public road rights-of-way.

Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet and subject to the provisions of § ZS 1-325 hereof. The total square footage shall not exceed fifty thousand square feet in gross floor area and any outdoor areas devoted to storage, repair, fabrication, display, and similar uses shall not exceed four acres. Furthermore, other than display areas such outdoor uses shall be buffered from adjoining properties in accordance with § ZS 1-322(e)(2) hereof. Display areas shall be landscaped in accordance with § ZS 1-322(e)(3) hereof. See additional provisions in Subsection (f) of this section.

Manufactured homes for nonresidential uses, limited to the uses permitted in the C-2 District and subject to the lot requirements specified for such uses, subject to the provisions of §§ ZS 1-314 and ZS 1-325 hereof.

Nursing facilities and assisted living facilities. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty feet; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Churches, temples and mosques. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Firehouses, governmental offices and other public buildings, structures and uses of an administrative or public-service type. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Public and private (commercial and noncommercial) marinas and marine yards, including fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition, if screened from adjoining public road rights-of-way and properties, maintenance facilities for all types of hull, deck and interior repairs and painting and boat construction. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Biodiesel facilities, including compounding, blending and processing of biodiesel fuel within an enclosed structure not to exceed five thousand square feet in gross floor area but not including any other refining or processing of by-products or ingredients. Bulk storage and wholesaling of biodiesel fuel is permitted as an incidental use to the biodiesel facility. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof.

Conversion of buildings or structures lawfully existing as of the date of this amendment to biodiesel facilities, including compounding, blending and processing of biodiesel fuel but not including any other refining or processing of by-products or ingredients. Such converted buildings or structures shall not have an enclosed area exceeding five thousand square feet devoted to this use. Bulk storage and wholesaling of biodiesel fuel is permitted as an incidental use to the biodiesel facility. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Freestanding towers up to one hundred fifty feet and monopoles up to one hundred ninety-nine feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Major and minor subdivisions for those uses listed as permitted principal uses and structures or as special exceptions in the C-2 District only, in accordance with the provisions of § ZS 1-311 hereof.

Supported living facilities as defined by § ZS 1-103(b). Minimum lot requirements shall be: lot area, twenty-four thousand square feet [see § ZS 1-305(1) hereof]; maximum density, twelve units per acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; rear yard setback, twenty-five feet; and subject to the provisions of § ZS 1-325 hereof.

[Added 6-20-2017 by Bill No. 17-6]

Special exceptions. The following principal uses and structures may be permitted by special exception in the C-2 District in accordance with the provisions of § ZS 1-116(c) hereof:

Outdoor commercial recreation establishments.

These include:

Swimming pools, water slides and water parks.

Miniature golf and golf driving ranges.

Batting cages.

Boat and personal watercraft rentals.

Skating rinks and skateboard parks.

Playing fields.

Racket clubs.

Minimum lot requirements shall be: lot area, one acre, with a maximum lot area of five acres;[see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof. Such establishments shall be screened in accordance with § ZS 1-322(e)(1) hereof and located at least one hundred feet from any E, R or V District.

Drive-in theaters, provided that the screen is located so that the picture shall not be visible from any public road right-of-way and such that the screen shall be at least one hundred feet from any perimeter property line or public road right-of-way and further provided that no drive-in theater shall air, display, show, or provide any adult-oriented entertainment or material on any theater screen at any time nor shall any drive-in theater air, display, show, or provide any adult-oriented entertainment or material in any other manner unless the property on which said theater is located is within a district in which an adult-oriented business is allowed and which meets all applicable requirements for an adult-oriented business. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet, front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Dry nightclubs. Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof and § PH 1-108 of the Public Health Article of the Code of Public Local Laws of Worcester County, Maryland.

Landing, storage and processing facilities for seafood. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Where the area devoted to commercial use is ten thousand square feet or less, the total gross square footage of all residential units shall not exceed one hundred percent of the total gross square footage of the building area devoted to commercial use.

Where the area devoted to commercial use is greater than ten thousand square feet but less than fifty thousand square feet, the total gross square footage of all residential units shall not exceed fifty percent of the total gross square footage of the building area devoted to commercial use.

Where the area devoted to commercial use exceeds fifty thousand square feet, the total gross square footage of all residential units shall not exceed twenty-five percent of the total gross square footage of the building area devoted to commercial use.

Dormitories. Minimum lot requirements shall be: lot area, forty thousand square feet [see § ZS 1-305(l) hereof]; lot area per sleeping room, one thousand square feet; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof.

Hospitals, sanatoriums and other institutions for human medical treatment. Minimum lot requirements shall be: lot area, two acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Bulk storage or wholesaling of fuels and other flammable liquids. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. The Board shall require construction and/or additional setbacks to adequately protect the public from hazard.

Transportation stations or terminals (including truck, rail or watercraft). Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Heliports, subject to the provisions of § ZS 1-345 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 7-19-2011 by Bill No. 11-3][1]

Editor's Note: This bill also renumbered former Subsection (c)(15) as Subsection (c)(16).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the C-2 District:

For motel/hotel developments: parking garages and areas, swimming pools, recreation facilities and other customary accessory uses and structures for the use of guests only.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no principal or accessory structure shall exceed either four stories or forty-five feet in height.

Additional provisions. The following additional provisions shall apply to all uses and structures in the C-2 District:

All commercial uses and structures shall be subject to the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Any side yard setback for a commercial building in the C-2 District may be reduced to zero where a party wall is provided.

No active outdoor commercial activity, including, without limitation, sales, amusements, entertainment, processing or fabrication, except for the acceptance of deliveries, shall be permitted between the hours of 2:00 a.m. and 6:00 a.m.

Other regulations. The uses and structures permitted in the C-2 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-211 C-3 Highway Commercial District.

Purpose and intent. This district is intended to provide for the largest and most intense commercial development and thus function as regional centers serving populations of twenty-five thousand or more within an approximate thirty-minute travel time. Such uses shall be limited to sites with appropriate access to arterial highways. Because of the extreme visibility of the sites, appropriate setbacks, landscaping, lighting, signage, screening and other site and architectural standards shall guide the location and development of these centers. Use of service roads and interparcel connectors are necessary to mitigate transportation impacts.

Permitted principal uses and structures. The following uses and structures are permitted in the C-3 District:

Retail or service establishments.

These include:

Retail businesses.

Personal service businesses.

Restaurants, fast-food restaurants, convenience food stores, bars and nightclubs, including entertainment and dancing, but not including dry nightclubs.

General and professional offices.

Indoor commercial recreation establishments, such as bowling alleys, arcades and theaters.

Doctors offices and clinics for human outpatient medical treatment.

Bakery, laundry or dry cleaning establishments.

Veterinary clinics or kennels, including outside pens and runways.

Self-service or full-service car washes.

10.

Funeral homes.

11.

Body piercing or tattoo establishments.

12.

Commercial parking lots and parking garages.

Contractors' shops, wholesale establishments, warehousing, and storage.

These include:

Wholesale businesses, including packaging, warehousing, storage and distribution but excluding fuels and other flammable liquids or explosives.

Self-storage centers.

Vehicle, watercraft and equipment sales and service establishments.

These include:

Automotive, farm implement, manufactured home, recreational vehicle, watercraft, truck or equipment sales, service or rental establishments, including fuel and parts sales.

Minimum lot requirements shall be: lot area, six thousand square feet [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet and subject to the provisions of § ZS 1-325 hereof. Furthermore, other than display areas such outdoor uses shall be buffered from adjoining properties in accordance with § ZS 1-322(e)(2) hereof. Display areas shall be landscaped in accordance with § ZS 1-322(e)(3) hereof. See additional provisions in Subsection (f) of this section.

Outdoor commercial recreation establishments.

These include:

Swimming pools, water slides and water parks.

Miniature golf and golf driving ranges.

Batting cages.

Boat and personal watercraft rentals.

Skating rinks and skateboard parks.

Playing fields.

Racket clubs.

Paint ball and laser tag facilities.

Go-cart tracks.

10.

Amusement parks.

Minimum lot requirements shall be: lot area, one acre [see § ZS 1-305(l) hereof]; lot width, sixty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet, and subject to the provisions of § ZS 1-325 hereof. Such establishments shall be screened in accordance with § ZS 1-322(e)(1) hereof and located at least one hundred feet from any E, R or V District.

Manufactured homes for nonresidential uses, limited to the uses permitted in the C-3 District and subject to the lot requirements specified for such uses, subject to the provisions of §§ ZS 1-314 and ZS 1-325 hereof.

Public and private (commercial and noncommercial) marinas and marine yards including fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition, if screened from adjoining public road rights-of-way and properties, maintenance facilities for all types of hull, deck and interior repairs and painting and boat construction. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Freestanding towers up to one hundred fifty feet and monopoles up to one hundred ninety-nine feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

(25)

Major and minor subdivisions for those uses listed as permitted principal uses and structures or as special exceptions in the C-3 District only, in accordance with the provisions of § ZS 1-311 hereof.

(26)

Multi-family dwelling units as an accessory use to an established commercial structure or use of land if sixty-five percent or more of the net lot area of the parcel is improved with uses permitted in the C-3 Highway Commercial District. Minimum lot requirements for the multi-family dwelling units shall be: lot area, twelve thousand square feet [see § ZS 1-305(1) hereof]; maximum density, ten units per net acre; lot width, eighty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; minimum open space provided, fifteen percent of the net lot area; and subject to the provisions of § ZS 1-325 hereof.

[Added 6-20-2023 by Bill No. 23-05]

Special exceptions. The following principal uses and structures may be permitted by special exception in the C-3 District in accordance with the provisions of § ZS 1-116(c) hereof:

Light manufacturing and repair establishments not involving the processing of raw materials.

These include:

Printing and publishing plants.

Building products, excluding sawmills and asphalt plants.

Stone and monument works.

Bottling and distribution of beverages.

Electrical appliances and equipment.

Metal, plastic, cloth, wood, rubber, glass and ceramic products.

Automobiles, trucks, manufactured homes, prefabricated structures, watercraft, recreational vehicles, farm implements, construction equipment or similar items.

Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Heliports, subject to the provisions of § ZS 1-345 hereof.

Active outdoor commercial activity between the hours of 2:00 a.m. and 6:00 a.m., subject to the provisions of § ZS 1-325 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 7-19-2011 by Bill No. 11-3][1]

Editor's Note: This bill also renumbered former Subsection (c)(10) as Subsection (c)(11).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the C-3 District:

For motel/hotel developments: parking garages and areas, swimming pools, recreation facilities and other customary accessory uses and structures for the use of guests only.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

Additional provisions. The following additional provisions shall apply to all uses and structures in the C-3 District:

All commercial uses and structures shall be subject to the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Any side yard setback for a commercial building in the C-3 District may be reduced to zero where a party wall is provided.

Other regulations. The uses and structures permitted in the C-3 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-212 I-1 Light Industrial District.

Purpose and intent. This district is intended to provide for certain types of business and industry, characterized by light manufacturing, fabricating, warehousing and wholesale distribution, which are relatively free from offense and which, with proper landscaping and buffering, will not detract from the residential or commercial desirability of adjacent properties. It is intended that such districts be located with access to major thoroughfares or other major modes of transportation, depending upon the specific demands of the industry being served. Industrial parks are encouraged in this district to provide for industrial uses with common access and infrastructure, as well as the provision of open space and adequate buffering to adjacent noncompatible uses.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the I-1 District:

Wholesale or service establishments.

These include:

Automotive, farm implement, manufactured or mobile home, recreational vehicle, watercraft, truck or equipment service.

Contractors' shops, equipment and material storage yards, such as electrician, carpenter, plumber, HVAC, sheet metal, sign painting, printing, upholstery, furniture painting or interior decorating, merchandise fabrication and repair.

Wholesale bakery, dyeing establishments, laundry, excluding laundromats, or dry cleaning, excluding dry cleaning pickup establishments.

Wholesale businesses, including warehousing, storage and distribution but excluding fuels and other flammable liquids or explosives.

Repair of agricultural and seafood implements and the wholesale of supplies, fertilizer, grain and feed. Facilities for bulk handling of fertilizer, grain and other materials shall be located at least two hundred feet from all perimeter property lines and public road rights-of-way.

Transportation stations or terminals (including truck, rail and watercraft). Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Processing and packing of locally harvested agricultural, seafood and poultry products for human consumption. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section. This provision shall not permit the processing, packing, storage or rendering of any product which is unfit for human consumption, condemned by the United States Department of Agriculture or other appropriate regulatory agency or not intended for ultimate human consumption, except storage incidental to an operation permitted by the first sentence hereof.

Light manufacturing and repair establishments not involving the processing of raw materials.

These include:

Printing and publishing plants.

Building products, excluding sawmills and asphalt plants.

Stone and monument works.

Bottling and distribution of beverages.

Electrical appliances and equipment.

Metal, plastic, cloth, wood, rubber, glass and ceramic products.

Automobiles, trucks, manufactured homes, prefabricated structures, watercraft, recreational vehicles, farm implements, construction equipment or similar items.

Chemical, physical and biological laboratories, excluding the processing and storage of radioactive, toxic or flammable substances, except for incidental testing purposes. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Commercial marinas and marine yards, including fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition, if visually screened from adjoining public road rights-of-way and properties, maintenance facilities for all types of hull, deck and interior repairs and painting and boat construction. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, ten feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Aquaculture, including the following related activities: wholesale, processing, packing, canning, freezing, storage and shipping facilities. Minimum lot requirements shall apply for structures only and shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Facilities for the landing, raising, harvesting, packing, processing, storage, shipping, freezing and wholesale or retail sale of seafood. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, forty feet; front yard setback, twenty feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, ten feet; and subject to the provisions of § ZS 1-325 hereof.

Biodiesel facilities, including compounding, blending and processing of biodiesel fuel but not including any other refining or processing of by-products or ingredients. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. Compounding, blending and processing activities may be located outdoors, provided that vegetated screening of thirty feet or more in width in accordance with § ZS 1-322(e)(1) hereof is provided in that portion of the setback closest to the use area.

Surface mining in accordance with the provisions of §§ ZS 1-325 and ZS 1-330 hereof.

Firehouses. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Manufactured homes for nonresidential uses, limited to the uses permitted in the I-1 District and subject to the lot requirements specified for such uses, subject to the provisions of §§ ZS 1-314 and ZS 1-325 hereof.

Industrial parks, subject to the provisions of §§ ZS 1-311 and ZS 1-317 hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Freestanding towers, guyed towers and monopoles up to one hundred ninety-nine feet, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

Major and minor subdivisions for those uses listed as permitted principal uses and structures or as special exceptions in the I-1 District only, in accordance with the provisions of § ZS 1-311 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 3-15-2011 by Bill No. 11-2]

Special exceptions. The following principal uses and structures may be permitted by special exception in the I-1 District in accordance with the provisions of § ZS 1-116(c) hereof:

Biodiesel facilities, including refining and processing of by-products or ingredients of biodiesel fuels. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. The Board of Zoning Appeals may require additional buffers or setbacks to adequately protect the public from hazard.

Concrete- and asphalt-mixing plants, including the compounding of building materials from cement. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; and all front, side and rear yard setbacks, one hundred feet; and subject to the provisions of § ZS 1-325 hereof.

Solid waste transfer facilities, including compactors and necessary leachate collection and treatment facilities (not including an aboveground disposal site for leachate) and resource recovery and recycling facilities, subject to the provisions of Subsection (f) of this section. All facilities and storage areas shall be located at least two hundred feet from all perimeter property lines and public road rights-of-way. Setbacks shall be fully vegetated or landscaped pursuant to an approved site plan in accordance with § ZS 1-325 hereof. All facilities, buildings and storage areas shall be surrounded by a perimeter security and containment fence no less than six feet in height above the ground surface which shall be designed to prevent airborne movement of solid waste from the site. No solid waste shall remain on the site for more than twenty-four hours. All vehicles utilizing the facility must be of the compactor type or otherwise fully enclosed or covered when en route to or from the facility. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, two hundred feet [see § ZS 1-305(b) hereof]; each side yard, two hundred feet; and rear yard setback, two hundred feet; and subject to the provisions of § ZS 1-325 hereof.

Outside principal uses other than accessory outside uses, subject to the provisions of § ZS 1-325 hereof.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Freestanding towers, guyed towers and monopoles over one hundred ninety-nine feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems over one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Heliports and airfields, subject to the provisions of §§ ZS 1-325 and ZS 1-345 hereof.

Personal service establishments, limited to health clubs and exercise facilities, located within structures where not less than sixty percent of the gross floor area of the structure is occupied by principal uses permitted in the district.

[Added 4-15-2014 by Bill No. 14-4[1]]

Editor's Note: This bill also renumbered former Subsection (c)(12) as Subsection (c)(13).

[Added 11-19-2019 by Bill No. 19-8[2]]

Editor's Note: This bill also redesignated former Subsection (c)(13) as Subsection (c)(14).

Food waste composting facilities in accordance with § ZS 1-329.

[Added 10-18-2022 by Bill No. 22-18[3]]

Editor's Note: This bill also redesignated former Subsection (c)(14) as Subsection (c)(15).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the I-1 District:

Retail sales incidental and subordinate to permitted principal or special exception uses and structures, provided that the gross floor area of such incidental retail sales does not exceed ten percent of the gross floor area of the structure containing the permitted principal or special exception use or the area devoted to outdoor uses.

Cafeterias, dining halls, canteens, or company stores for the use of the employees of the establishment or the complex.

On-site employee housing for the employees, including the immediate families of the employees, of the principal business on the site, subject to the provisions of § ZS 1-325 hereof.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, as provided for and regulated by § ZS 1-334 hereof.

Generally, uses and structures customarily associated with or directly incidental to the permitted principal uses or structures, including the sale of items manufactured on the premises.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no structure shall exceed either four stories or forty-five feet in height, except that the Board of Zoning Appeals, as a special exception, may authorize a structure of greater height. In granting such a special exception, the Board may impose such conditions, including increased yard setbacks and construction provisions, as it deems necessary to protect the general character of the I-1 District, as well as the public health, safety and general welfare.

Additional provisions. The following additional provisions shall apply to all uses and structures in the I-1 District:

Except as specifically permitted herein, all manufacturing, processing, repair work and fabrication activities shall be conducted wholly within completely enclosed buildings, unless permitted by special exception by the Board of Zoning Appeals. Storage shall be within completely enclosed buildings or visually screened on all sides from adjacent properties and public rights-of-way by a solid wall or solid fence and shall be landscaped in accordance with § ZS 1-322 hereof. No storage shall be located in any required yard setback other than a rear yard.

Processes and equipment employed and goods processed, stored or sold shall be limited to those which do not create light trespass, odor, dust, smoke, cinders, gas, noise, vibration, radiation, refuse matter or water-carried waste.

All commercial and industrial development shall be subject to the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Other regulations. The uses and structures permitted in the I-1 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-213 I-2 Heavy Industrial District.

Purpose and intent. This district is intended to provide for a variety of heavy-industrial-type uses which may not be compatible with residential or commercial development due to some potential nuisance or hazard. It is intended that such districts be located with access to major thoroughfares or other major modes of transportation, depending upon the specific demands of the industry being served. Industrial parks are encouraged in this district to provide for industrial uses with common access and infrastructure, as well as the provision of open space and adequate screening between adjacent incompatible uses.

Permitted principal uses and structures. The following principal uses and structures shall be permitted in the I-2 District:

Wholesale or service establishments.

These include:

Automobiles, trucks, manufactured homes, prefabricated structures, watercraft, recreational vehicles, construction equipment or similar items.

Contractors' shops and equipment and material storage yards, such as electrician, carpenter, plumber, HVAC, sheet metal, sign painting or interior decorating, including merchandise fabrication and repair.

Wholesale bakery, dyeing establishments, laundry, excluding laundromats, or dry cleaning, excluding dry cleaning pickup establishments.

Wholesale businesses, including warehousing, storage and distribution.

Concrete- and asphalt-mixing plants, including the compounding of building materials from cement and asphalt.

Manufacturing and repair establishments.

These include:

Printing and publishing plants.

Building products, including sawmills and lumberyards.

Stone and monument works.

Bottling and distribution of beverages.

Electrical appliances and equipment.

Metal, plastic, cloth, wood, rubber, glass and ceramic products.

Automobiles, trucks, manufactured homes, prefabricated structures, watercraft, recreational vehicles, farm implements, construction equipment or similar items.

Food and feed products, including commercial grain drying, blending and storage, the processing of seafood and agricultural products.

Chemical, physical and biological laboratories, excluding the processing and storage of radioactive, toxic or flammable substances, except for incidental testing purposes. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, thirty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Commercial marine yards, including fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition, if visually screened from adjoining public road rights-of-way and properties, maintenance facilities for all types of hull, deck and interior repairs and painting and boat construction. Minimum lot requirements shall be: lot area, twenty thousand square feet; lot width, one hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, ten feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Livestock purchase and sales yards. Minimum lot requirements shall be: lot area, ten acres; lot width, five hundred feet; front yard setback, fifty feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof. Furthermore, all buildings and yards designed for the concentrated containment of animals shall be located at least two hundred feet from any perimeter property line or public road right-of-way.

Biodiesel facilities, including compounding, blending and processing of biodiesel fuel, including other refining or processing of by-products or ingredients. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, fifty feet; and rear yard setback, fifty feet; and subject to the provisions of § ZS 1-325 hereof.

Solid waste transfer facilities, including compactors and necessary leachate collection and treatment facilities (not including an aboveground disposal site for leachate) and resource recovery and recycling facilities, subject to the provisions of § ZS 1-212(f) hereof. All facilities and storage areas shall be located at least two hundred feet from all perimeter property lines and public road rights-of-way. Setbacks shall be fully vegetated or landscaped pursuant to an approved site plan in accordance with § ZS 1-325 hereof. All facilities, buildings and storage areas shall be surrounded by a perimeter security and containment fence no less than six feet in height above the ground surface which shall be designed to prevent airborne movement of solid waste from the site. No solid waste shall remain on the site for more than twenty-four hours. All vehicles utilizing the facility must be of the compactor type or otherwise fully enclosed or covered when en route to or from the facility. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, two hundred feet [see § ZS 1-305(b) hereof]; each side yard setback, two hundred feet; and rear yard setback, two hundred feet; and subject to the provisions of § ZS 1-325 hereof.

Surface mining in accordance with the provisions of §§ ZS 1-325 and ZS 1-330 hereof.

Manufactured homes for nonresidential uses, limited to the uses permitted in the I-2 District and subject to the lot requirements specified for such uses, subject to the provisions of §§ ZS 1-314 and ZS 1-325 hereof.

Industrial parks, subject to the provisions of §§ ZS 1-311 and ZS 1-317 hereof.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Freestanding towers, guyed towers and monopoles up to one hundred ninety-nine feet, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems up to a maximum of one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

(22)

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

Major and minor subdivisions for those uses listed as permitted principal uses and structures or as special exceptions in the I-2 District only, in accordance with the provisions of § ZS 1-311 hereof.

Large solar energy systems in accordance with the provisions of § ZS 1-344(d)(2) hereof.

[Added 7-19-2011 by Bill No. 11-3]

Special exceptions. The following principal uses and structures may be permitted by special exception in the I-2 District in accordance with the provisions of § ZS 1-116(c) hereof:

Rendering plants and slaughterhouses. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. The Board shall require construction and/or additional setbacks to adequately protect the public from hazard.

Junkyards and salvage operations in accordance with the provisions of §§ ZS 1-325 and ZS 1-331 hereof.

Adult entertainment businesses. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, one hundred feet; front yard setback, fifty feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. Furthermore, the following provisions shall apply:

The closest portion of a building or structure in which an adult-oriented business is located shall not be within one thousand two hundred feet from the closest boundary of a parcel containing a school, place of worship, public library, park or recreation facility, day care center, day care home, or group home.

The closest portion of a building or structure in which an adult-oriented business is located shall not be within six hundred feet of an arterial highway or the boundary of any parcel in an E, V, R, or RP zoning district; provided, however, that when the distance from a building or structure in which an adult-oriented business is located is being measured with respect to a parcel containing a residential structure within an A District, the closest portion of the building or structure in which an adult-oriented business is located shall not be less than three hundred feet from the boundary of such parcel or, failing such separation, shall not be less than six hundred feet from the closest portion of any building or structure used principally as a residential dwelling.

The closest portion of a building or structure in which an adult-oriented business is located shall not be less than one thousand two hundred feet from the closest portion of any other building or structure containing an adult-oriented business.

The closest portion of a building or structure in which an adult-oriented business is located shall be at least one thousand two hundred feet from the closest portion of any building or structure where alcoholic beverages are sold for on-premises consumption.

An adult-oriented business may not have displayed on or about the exterior of any building or premises in which the adult-oriented business is located any sign, advertisement or depiction visible to the general public, wheresoever located, containing any adult-oriented entertainment or material.

The owner or operator of an adult-oriented business shall submit an application to the Department, which includes a site plan that:

Contains and depicts all of the information required pursuant to the Code; and

Contains and depicts all of the information necessary to determine compliance with § PH 1-109 of the Public Health Article of the Code of Public Local Laws of Worcester County, Maryland; and

Compliance with the requirements of Subsections (c)(3)A through (c)(3)D hereof shall be determined as of the date of submittal of an application pursuant to Subsection (c)(3)F hereof, and any changes to the use of adjoining or neighboring property or to the size, type, number or location of structures or buildings on adjoining or neighboring property applied for, or, if no application is necessary, made after the date of submittal of an application pursuant to Subsection (c)(3)F hereof shall be of no effect and shall not be given any consideration in determining compliance with the requirements of Subsections (c)(3)A through (c)(3)D hereof.

Airfields and heliports in accordance with the provisions of § ZS 1-345 hereof.

Treatment of hazardous waste generated in Worcester County, Maryland, only, subject to the provisions of § ZS 1-325 hereof.

Solid waste disposal sites. Minimum lot requirements shall be: lot area, five acres; lot width, five hundred feet; front yard setback, one hundred feet [see § ZS 1-305(b) hereof]; each side yard setback, one hundred feet; and rear yard setback, one hundred feet; and subject to the provisions of §§ ZS 1-325 and ZS 1-329 hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Freestanding towers, guyed towers and monopoles over one hundred ninety-nine feet in height, subject to the provisions of § ZS 1-343 hereof.

Small and medium wind energy conversion systems over one hundred fifty feet in height, subject to the provisions of § ZS 1-344 hereof.

Food waste composting facilities in accordance with § ZS 1-329.

[Added 10-18-2022 by Bill No. 22-18[1]]

Editor's Note: This bill also redesignated former Subsection (c)(10) as Subsection (c)(11).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the I-2 District:

Cafeterias, dining halls, canteens, or company stores for the use of the employees of the establishment or the complex.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, as provided for and regulated by § ZS 1-334 hereof.

Generally, uses and structures customarily associated with or directly incidental to the permitted principal uses or structures.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no structure shall exceed either four stories or forty-five feet in height, except that the Board of Zoning Appeals, as a special exception, may authorize a structure of greater height. In granting such a special exception, the Board may impose such conditions, including increased yard setbacks and construction provisions, as it deems necessary to protect the general character of the I-2 District, as well as the public health, safety and general welfare.

Additional provisions. The following additional provisions shall apply to all uses and structures in the I-2 District:

All business, processing, repair work, fabrication and storage activities may be conducted indoors or outdoors but shall not occupy any required yard setback unless fencing is provided along its perimeter property line. Furthermore, storage shall be prohibited within the front yard setback or in front of the principal structure.

The best practicable means available shall be employed for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, light trespass, vibration, radiation or similar nuisance and protection against fire and explosion.

For all I-2 uses, the Planning Commission reserves the right to require construction and/or additional setbacks to adequately protect the public from hazard.

All commercial and industrial development shall be subject to the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Other regulations. The uses and structures permitted in the I-2 District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-214 CM Commercial Marine District.

Purpose and intent. This district is intended to preserve and protect Worcester County's commercial fishing industry while allowing for commercial, industrial and recreational uses which of necessity must be located in close proximity to waterfront areas. Additionally, it provides for other compatible uses which may find a waterfront location desirable. Furthermore, it is the intent of this district that there shall be no basis, under this Title, for recourse against the effects of any normal commercial fishing or other commercial marine activity or operation as permitted in this district, including but not limited to noise, odor, vibration, fumes, dust or glare.

Permitted principal uses and structures. The following uses and structures are permitted in the CM District:

Retail, wholesale or service establishments catering to marine activities.

These include:

Retail businesses catering to marine activities, such as marine equipment and supplies, bait and tackle stores, and seafood sales.

Service businesses for watercraft and marine equipment.

Watercraft sales, service and rental establishments, including equipment, supplies and retail fuel sales.

Wholesale businesses, including warehousing, storage and distribution of marine-related items but excluding fuels and other flammable liquids or explosives.

Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Manufacturing and repair establishments for watercraft and marine equipment. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Public and private (commercial and noncommercial) marinas and marine yards, including fueling, boat launching and recovery, dry storage of seaworthy boats in operable condition, maintenance facilities for all types of hull, deck and interior repairs and painting and boat construction. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Aquaculture or other facilities for the landing, raising, harvesting, packing, canning, processing, storage, shipping, freezing and wholesale or retail sale of seafood. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Transportation stations and terminals (including truck, rail or watercraft). Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Public and private conservation areas. Minimum lot requirements for structures shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet.

Firehouses, governmental offices and other public or quasi-public buildings, structures and uses of an administrative or public service type. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Public utility structures and properties other than essential services as defined in § ZS 1-121 hereof, including cross-County lines and mains of all kinds, subject to the provisions of § ZS 1-325 hereof. Minimum lot requirements for construction, maintenance or storage buildings or yards shall be: lot area, five thousand square feet; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet. See § ZS 1-328 hereof for lot requirements for all other facilities. During its review of any public utility structure or property, the Planning Commission may require screening, buffering or landscaping of said structure or property where deemed necessary to protect adjoining land uses.

Major and minor subdivisions for those uses listed as permitted principal uses and structures or as special exceptions in the CM District only, in accordance with the provisions of § ZS 1-311 hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the CM District in accordance with the provisions of § ZS 1-116(c) hereof:

Bulk storage or wholesaling of fuels and other flammable liquids. Minimum lot requirements shall be: lot area, five thousand square feet; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, thirty feet; and subject to the provisions of § ZS 1-325 hereof. The Board shall require construction and/or additional setbacks to adequately protect the public from hazard. See additional provisions in Subsection (f) of this section.

Restaurants, convenience food stores, cocktail lounges, bars and nightclubs, including entertainment and dancing. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Retail businesses. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Personal watercraft rental establishments. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, fifty feet; front yard setback, twenty-five feet [see § 1-305(b)]; each side yard setback, six feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. See additional provisions in Subsection (f) of this section.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with § ZS 1-328 hereof.

Active outdoor commercial activity between the hours of 2:00 a.m. and 6:00 a.m. other than those activities associated with commercial fishing or aquaculture operations, subject to the provisions of § ZS 1-325 hereof.

Accessory uses and structures. The following accessory uses and structures shall be permitted in the CM District:

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no structure shall exceed either four stories or forty-five feet in height.

Additional provisions. The following additional provisions shall apply to all uses and structures in the CM District:

With the exception of commercial fishing and aquaculture operations, processes and equipment employed and goods processed, stored or sold shall be limited to those which do not create odor, dust, smoke, cinders, gas, noise, light trespass, vibration, radiation, refuse matter, water-carried waste or other nuisance.

All development shall be subject to the provisions of §§ ZS 1-322 and ZS 1-325 hereof.

Any side yard setback for a commercial building in the CM District may be reduced to zero where a party wall is provided.

Any dwelling unit or manufactured home for residential purposes legally existing as of the effective date of this regulation may be subdivided from the main parcel, provided that the newly created parcel meets all of the lot requirements for such dwelling unit or manufactured home as specified in the R-4 General Residential District (see § ZS 1-208 hereof) and the remaining portion of the main parcel meets all of the lot requirements for the existing or proposed commercial marine use of the property.

Except where adjacent to water, all storage and construction yards shall be completely enclosed by a fence no less than eight feet in height.

Other regulations. The uses and structures permitted in the CM District shall be subject to the applicable regulations contained in Subtitle ZS1:I, General Provisions, and Subtitle ZS1:III, Supplementary Districts and District Regulations, of this Title.

§ ZS 1-215 RP Resource Protection District.

Purpose and intent. This district is intended to preserve the environmentally significant areas of the County and to protect its natural resources in all areas. The district includes those areas of the County which pose constraints for development or where development could have a substantially adverse environmental effect. This district serves to maintain the environmental functionality of the landscape by avoiding or minimizing disturbance of sensitive areas which generally include tidal and nontidal wetlands, state-owned natural areas, selected riparian corridors, conservation areas, and muck and alluvial soils. Development potential within this district is severely limited; however, some minor development may be carried out, provided it is done in a manner sufficiently sensitive to the existing natural environment and visual character of the site.

Permitted principal uses and structures. The following principal uses and structures are permitted in the RP District:

Structures for public and private conservation areas and educational sites of local archaeological and historical interest, including wildlife reservations, arboretums, demonstration forests and nature trails, picnic and walking areas and activities featuring art, music and living history. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Fishing, trapping and hunting blinds and wildlife observation structures. No lot requirements shall apply.

Boundary line adjustments and minor subdivisions for conservation purposes. New lots shall be deeded to a legitimate conservation organization within six months of recordation.

Aquaculture, including the following related activities: wholesale and retail sales, freezing and product storage and shipping facilities. Minimum lot requirements shall apply for structures only and shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof.

Landing, raising, harvesting, packing, processing, storage, wholesale and retail sale of seafood. Minimum lot requirements shall be: lot area, five thousand square feet [see § ZS 1-305(l) hereof]; lot width, forty feet; front yard setback, twenty feet [see § ZS 1-305(b) hereof]; each side yard setback, six feet; and rear yard setback, ten feet; and subject to the provisions of § ZS 1-325 hereof.

The addition to existing structures of telecommunications facilities that do not increase the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Small wind energy conversion systems up to a maximum of seventy-five feet in height, subject to the provisions of § ZS 1-344 hereof.

Spray irrigation fields and storage lagoons for Class II effluent in accordance with the provisions of § ZS 1-328(g) hereof.

Special exceptions. The following principal uses and structures may be permitted by special exception in the RP District in accordance with the provisions of § ZS 1-116(c) hereof:

Manufactured homes for residential use. Minimum lot requirements shall be: lot area, forty thousand square feet; lot area per manufactured home, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, fifty feet, and subject to the provisions of §§ ZS 1-305(r) and § ZS 1-314 hereof. See additional provisions in Subsection (f) hereof.

Minor subdivisions in accordance with the provisions of § ZS 1-311 hereof.

Agriculture, including feeding lots, dairy barns, stables, agricultural lagoons, hog houses, and noncommercial grain dryers. No lot requirements shall apply for field, vegetable and nursery crops and grazing pastures. For other activities and principal structures, minimum lot requirements shall be: lot area, five acres; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet. All grain dryers, feeding lots, dairy barns, lagoons, hog houses and other uses involving the concentrated handling or containment of animals shall be located at least two hundred feet from any property line or public road right of way. See § ZS 1-305(r) hereof.

[Amended 4-25-2017 by Bill No. 17-3]

Poultry operations subject to the provisions of § ZS 1-349 hereof.

[Added 4-25-2017 by Bill No. 17-3[1]]

Editor's Note: This bill also redesignated former Subsection (b)(5) through (14) as Subsection (b)(6) through (15).

Public and private (commercial and noncommercial) marinas, including facilities for boat fueling, launching, recovery and dockage. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet.

Public and private noncommercial cultural, social and recreational areas and centers, including parks, playgrounds, beaches, country clubs, boat landings, swimming pools, golf courses, including golf driving ranges, and summer camps. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, twenty feet; and subject to the provisions of § ZS 1-325 hereof. All outdoor swimming pools, including adjacent deck and patio areas, locker areas and summer camp lodgings shall be at least two hundred feet from any perimeter property line and public road rights-of-way.

Customary incidental home occupations subject to the provisions of § ZS 1-339 hereof.

Wastewater and water treatment facilities, with the exception of sewage sludge disposal areas, in accordance with the provisions of § ZS 1-328 hereof.

The addition to existing structures of telecommunications facilities that have the effect of increasing the overall height of the existing structure, subject to the provisions of § ZS 1-343 hereof.

Large day-care homes. Minimum lot requirements shall be: lot area, forty thousand square feet; lot width, two hundred feet; front yard setback, thirty-five feet [see § ZS 1-305(b) hereof]; each side yard setback, twenty feet; and rear yard setback, fifty feet.

[Added 2-18-2014 by Bill No. 14-1[2]]

Editor's Note: This bill also renumbered former Subsection (c)(13) as Subsection (c)(14).

On a farm as defined herein, the accessory use of a principal agricultural structure or use of land for the commercial hosting of nonagricultural functions and events, including, but not limited to, wedding receptions, family reunions, birthday and anniversary celebrations, children' s parties, corporate and employee appreciation parties, and the like. All such uses must be clearly accessory and subordinate to the principal agricultural structure or use of the property. All building, fire, health, zoning, and environmental code requirements for such a use or facility shall apply to the same extent as if the structure or use of land was not located on a farm. Minimum lot requirements for the principal agricultural structure or use of land shall be: lot area, twenty-five acres; lot width, two hundred feet; front yard setback, one hundred feet; each side yard setback, one hundred feet; and rear yard setback, one hundred feet; and subject to the provisions of § ZS 1-325 hereof. The site of the commercial event itself and all associated use areas shall be located not less than five hundred feet from any residential structure on an adjacent property or public road, and no variance to this requirement is permitted notwithstanding the provisions of § ZS 1-116(c)(4). Any amplified music associated with such a use must end by 11:00 p.m.

[Added 5-19-2020 by Bill No. 20-2[3]]

Editor's Note: This bill also renumbered former Subsection (c)(15) as Subsection (c)(16).

Accessory uses and structures. The following accessory uses and structures shall be permitted in the RP District:

Noncommercial private residential parking garages and areas, stables for horses or ponies, swimming pools and other customary residential outbuildings and structures for the use of residents. Stables shall be at least fifty feet from any perimeter property line or public road right-of-way.

Signs on the premises advertising a lawful use conducted on the premises and temporary and directional signs. All signs shall be subject to the provisions of § ZS 1-324 hereof.

Private waterfront structures, subject to the provisions of § NR 2-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland and § ZS 1-335 hereof.

Temporary buildings and structures, subject to the provisions of § ZS 1-334 hereof.

On a farm, as defined herein, not more than two manufactured homes for the farm owner, tenant or member of his immediate family or for persons primarily engaged in the operation of the farm, provided that such manufactured homes are located in the farm building group, no closer to any public road right-of-way than the principal building, no closer than the required front yard setback and not less than one hundred feet from any side or rear lot line. Such manufactured homes shall be located only with the Environmental Programs Division approval and subject to the provisions of § ZS 1-314 hereof. A manufactured home in the farm building group shall be located within two hundred feet of the main farm building or accessory farm structure.

Generally, uses and structures customarily associated with and directly incidental to the permitted principal uses and structures.

The keeping of not more than two roomers or boarders.

[Added 10-15-2019 by Bill No. 19-3]

Height regulations. Except for certain other buildings, structures or parts thereof as provided in § ZS 1-305 hereof, no flat-roofed principal structure shall exceed a height of thirty-five feet, no pitched-roofed principal structure shall exceed a height of forty-five feet, and no flat- or pitched-roofed principal structure shall exceed four stories. In addition, no accessory structure shall exceed either two stories or twenty-five feet in height.

Additional provisions. The following additional provisions shall apply to all uses and structures in the RP District:

The location of existing natural resources on the site, including but not limited to tidal and nontidal wetlands, perennial and intermittent streams, special habitats, and the one-hundred-year floodplain and alluvial and muck soils, must be shown on all site plans. In addition, the applicant must demonstrate that he has taken appropriate steps to minimize the potentially adverse impacts of the proposed development on these natural resources.