Table 1 lists the different uses and zoning districts in which
they are permitted. If a use is not listed or does not fall within
any of the general use categories, it is not a permitted use in any
district. If a use is specifically listed in Table 1, it takes precedence
over general use listings. The letters in Table 1 correspond to the
following:
P
|
Permitted Use
|
Uses designated by the letter "P" shall be permitted subject
to all applicable regulations.
|
C
|
Conditional Use
|
Uses designated by the letter "C" shall be permitted subject to certain conditions. The conditions are listed in § 290-11 of this article.
|
SE
|
Special Exception
|
The Board of Appeals, in accordance with § 290-12 of this article, may authorize uses requiring a special exception designated by the letters "SE."
|
SC
|
Special Exception with Conditions
|
Uses requiring a special exception designated with the letters "SC" may be authorized by the Board of Appeals in accordance with § 290-12 of this article, subject to certain conditions listed in § 290-11 of this article.
|
[Amended 11-17-2022 by Ord. No. O-22-12; 3-16-2023 by Ord. No. O-23-2]
The following conditions and specific standards apply to land
uses designated C (conditional) SE (special exception) and SC (special
exception with conditions) in Table 1. When applying for a zoning and occupancy permit, the applicable
conditions shall be satisfied during the period of the use and occupancy.
A. Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1,
RV-2, RPC, NC and TC Districts, subject to the requirements of the
district where located except as herein provided:
(1) The principal dwelling shall be a single-family detached dwelling
and shall be located on a lot of at least 7,500 square feet served
by public water and sewer.
(2) Accessory dwellings are limited to lots that are owner-occupied.
(3) Accessory dwellings are limited to a total of 650 square feet of
floor area.
(4) All height, area and bulk requirements shall apply to the accessory
dwelling.
(5) The parking requirements of this chapter shall apply. Accessory dwellings
will require two off-street parking spaces in addition to those required
for the principal dwelling.
(7) Accessory dwellings must be architecturally compatible with the principal
dwelling on the lot in terms of similarity of building materials,
roof type, and roofline.
(8) Only one accessory apartment will be allowed on a lot.
B. Dwelling unit in combination with commercial use: conditional use
in the RV-2, TC and RPC Districts, subject to the requirements of
the district where located except as herein provided:
(1) Adequate parking shall be provided for both uses.
(2) The commercial portion of such a combination use must be fully utilized
so as not to reduce the commercial services made available to the
community.
(3) Commercial development shall be given priority in such combination
uses and the residential portion must be ancillary.
(4) To
retain commercial activity at the street level, the first floor at
the public street frontage shall remain in commercial use only whereas
the second floor would be residential use.
C. Churches and other buildings for religious assembly: special exception
with conditions use in the NC District, subject to the requirements
of the district where located, except as herein provided:
(1) Minimum lot area shall be one acre.
(2) Minimum lot width shall be 200 feet.
(3) No part of any building shall be located within 50 feet of any adjoining
property line in separate ownership.
(4) Building coverage shall not exceed 25% of the lot.
(5) Screening and buffers shall be provided where the lot abuts residentially
used properties or where the site abuts any residential zoning district.
(6) Adequate parking shall be provided on-site.
(7) Housing for religious personnel shall meet the minimum requirements
of Uses 1 through 4 under "Residential Uses" in Table 1, included
at the end of this chapter, whichever apply.
D. Public and private school: special exception with conditions use
in the MC District, subject to the requirements of the district where
located, except as herein provided:
(1) Minimum lot area shall be one acre.
(2) Minimum lot width shall be 200 feet.
(3) No part of any building shall be located within 50 feet of any adjoining
property line in separate ownership.
(4) Dormitories or other living accommodations for faculty or students
shall meet the minimum requirements of Uses 1 through 4, under "Residential
Uses" in Table 1, included at the end of this chapter, whichever apply.
E. Home day care: conditional use in the RV-1, RV-2, RPC, NC and PC
Districts, subject to the requirements of the district where located,
except as herein provided:
(1) Applicant shall meet the requirements of state and local health departments.
(2) All such uses shall be located so as to permit the safe pickup and
delivery of all persons on the site.
(3) The operation shall meet the individual parking requirements of home
day-care businesses in addition to any residential parking requirements
for the dwelling in which the operation is located.
F. Day-care center, nursery school, kindergarten, or other agency giving
care to persons as a commercial operation: special exception with
conditions use in the NC and PC Districts, subject to the requirements
of the district where located, except as herein provided:
(1) The minimum lot area shall be 20,000 square feet plus 2,500 square
feet of lot area for each person cared for above 10 persons.
(2) No part of any building shall be located within 30 feet of any adjoining
property in residential use.
(3) Vegetative screening and buffers shall be provided where the lot
abuts residentially used properties.
(4) Any outdoor play active recreational area shall be located in the
rear yard and its boundary shall be at least 10 feet from the rear
lot line and not nearer to any other lot line than the required yard
setback.
(5) Outdoor play areas shall be sufficiently screened and sound-insulated
so as to protect the neighborhood from noise and other disturbances.
To fulfill this requirement, screening may be located anywhere on
the lot as needed.
(6) Any new buildings shall be designed to be architecturally harmonious
with buildings in the neighborhood, including but not limited to building
facade orientation, building scale and massing, materials, colors,
roofs and rooflines.
G. Professional school, studio for music or art instruction, dancing
school or similar: special exception with conditions use in the NC
District, limited to properties with frontage onto MD 261.
H. Library, museum, community center, adult education center or similar
open to the public or connected with a permitted use and not conducted
as a private business: special exception with conditions use in the
NC District, subject to the requirements of the district where located,
except as herein provided:
(1) The minimum lot area shall be 10,000 square feet.
(2) No part of any building shall be located within 30 feet of any adjoining
property in residential use.
(3) Vegetative screening and buffers shall be provided on all lot lines
that abut properties in residential use.
(4) No outdoor active recreational area shall be located nearer to any
lot line than the required yard setback.
(5) Any new buildings shall be designed to be architecturally harmonious
with buildings in the neighborhood including but not limited to building
facade orientation, building scale and massing, materials, colors,
roofs and rooflines.
I. Environmental
science, research, and educational uses, nature centers: conditional
use in the RC District, subject to the requirements of the district
where located and the following:
(1) Accessory uses shall only be those intrinsically related to the research
or educational mission of the principal use.
(2) Whether Article
X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.
(3) The addition of impervious surface coverage shall be strictly limited
to only that amount necessary to enable reasonable use of the property
and, where feasible, pervious surfaces should be used as an alternative.
(4) No building shall be permitted which exceeds a footprint of 2,000
square feet.
J. Game,
wildlife, and nature preserves: conditional use in the RC District,
subject to the requirements of the district where located and the
following:
(1) Accessory uses shall only be those intrinsically related to the game,
wildlife, nature, or educational mission of the principal use.
(2) Whether Article
X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.
(3) The addition of impervious surface coverage shall be strictly limited
to only that amount necessary to enable reasonable use of the property
and, where feasible, pervious surfaces should be used as an alternative.
(4) No building shall be permitted which exceeds a footprint of 2,000
square feet.
K. Public
building or recreational facility owned and operated by Chesapeake
Beach or other governmental agency: conditional use in the RC District,
subject to the requirements of the district where located and the
following:
(1) No building shall be permitted except that necessary for the purposes
of managing the land or water resources or enhancing the low-impact
experience of the natural environment.
(2) Whether Article
X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.
(3) The addition of impervious surface coverage shall be strictly limited
to only that amount necessary to enable reasonable use of the property
and, where feasible, pervious surfaces should be used as an alternative.
(4) No building shall be permitted which exceeds a footprint of 2,000
square feet.
L. Parks
and playgrounds: special exception with conditions use in the RC District,
subject to the requirements of the district where located and the
following:
(1) Whether Article
X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.
(2) The addition of impervious surface coverage shall be strictly limited
to only that amount necessary to enable reasonable use of the property
and, where feasible, pervious surfaces should be used as an alternative.
M. Sailing
schools, boat rentals and storage and similar water-oriented recreational
uses: special exception with conditions. Use in the RC District, subject
to the requirements of the district where located and the following:
(1) Whether Article
X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.
(2) The use shall be limited to waterfront properties or to properties
that are contiguous to, and functionally connected with, waterfront
properties.
(3) The addition of impervious surface coverage shall be strictly limited
to only that amount necessary to enable reasonable use of the property
and, where feasible, pervious surfaces should be used as an alternative.
(4) No building shall be permitted.
N. Professional office in residence: conditional use in the RPC District,
subject to the requirements of the district where located, except
as herein provided:
(1) The professional person must reside in the dwelling.
(2) There shall be no exterior evidence, other than a permitted sign
not exceeding two square feet, to indicate that the principal building
is being used for any purpose other than that of a dwelling.
(3) There shall be no show window or display window.
(4) No more than two persons other than the resident professional shall
be employed on site.
(5) Sufficient off-street parking in the side or rear yard shall be provided,
with a minimum of two spaces per professional plus residential requirements.
(6) The total area devoted to the professional office use shall not exceed
40% of the square footage of the principal dwelling unit.
(7) An accessory building may be used for the professional office.
O. Office
or clinic for medical or dental examination or treatment of persons
as outpatient, including laboratories incidental thereto: conditional
use in the NC, TC, PC and MC Districts, subject to the requirements
of the district where located except as herein provided; and within
the RV-1 District it shall be a conditional use, subject to the requirements
of the district where located except as herein provided.
[Amended 9-21-2023 by Ord. No. O-23-21]
(1) The use shall be an integral part of an existing and otherwise permitted
mixed-use commercial and multifamily development that was permitted,
platted, and recorded prior to January 20, 2005.
P. Therapeutic massage: conditional use in the NC, TC, PC and MC Districts,
subject to the requirements of the district where located, except
as herein provided:
(1) Massage is incidental to a principal medical or spa use.
(2) Massage therapy is conducted by professionals who are licensed to
practice massage or by professional physical therapists.
(3) Massage therapy does not include any manipulation to induce sexual
stimulation and in the context of massage therapy any such act is
presumptively considered a danger to public health, safety, and welfare
and is cause for revocation of a zoning and occupancy permit.
Q. Professional
licensed physical therapy office: conditional use in the RV-1 District,
subject to the requirements of the district where located except as
herein provided:
(1) The use shall be an integral part of an otherwise permitted mixed
use multifamily development.
R. Offices for professional, business or governmental purposes: conditional
use in the RV-1, RV-2, NC, TC, PC and MC Districts, subject to the
requirements of that district, except as herein provided:
(1) The principal building shall be no closer than 20 feet to any lot
line that adjoins a property in residential use.
(2) Off-street parking shall be provided in the side or rear yard and
shall be completely screened from view of adjoining residential properties.
(3) To reduce the impact of traffic and parking, the total floor area
devoted to the use shall be limited to 6,000 square feet (in addition
to any basement or attic areas used solely for storage).
(4) Vegetative screening and buffers shall be provided along lot lines
that abut properties in residential use.
(5) Any new buildings shall be designed to be architecturally harmonious
with buildings in the neighborhood, including but not limited to building
facade orientation, building scale and massing, materials, colors,
roofs and roof lines.
(6) Signage shall be limited to one freestanding sign of no more than
two square feet identifying the name and number of the building or
premises unless the property fronts on more than one street, in which
case one such sign may be erected on each frontage.
S. Tavern,
nightclub: special exception with conditions use in the TC, PC and
MC Districts, subject to the requirements of the district where located
except as herein provided.
T. Bed-and-breakfast establishment: special exception with conditions
use in the R-LD, R-MD, R-HD, RV-1, RV-2 and RPC Districts and conditional
use in the NC, TC, PC and MC Districts, subject to the requirements
of the district where located except as herein provided:
(1) An owner or manager lives on the premises.
(2) The facility is part of a dwelling unit.
(3) No separate kitchens are provided.
(4) Meals shall be provided for overnight lodgers only.
(5) The facility is operated through a state-approved bed-and-breakfast
registry.
(6) One off-street parking space is provided for each guest room.
U. Motel, hotel: special exception with conditions use in the TC, PC
and MC Districts, subject to the requirements of the district where
located, except as herein provided:
(1) The applicant shall site new buildings to ensure that adjacent properties
have visual privacy and sunlight as well as protection from the new
development's site illumination, noise, and odor, as applicable.
(2) The applicant shall design buildings to complement and contribute
to a desirable community character in terms of shape and style, rooflines,
color, and materials.
(3) Accessory uses may include a gift shop, beauty shop, barbershop,
restaurant, cocktail lounge/nightclub, auditorium/meeting room facilities,
and similar retail stores and commercial establishments.
(4) Circulation and parking shall be adequate to fulfill requirements
of all proposed uses, principal and accessory. The Planning Commission
may require a traffic analysis provided by the applicant demonstrating
adequacy of the system.
(5) The applicant shall design and site buildings to screen from public
view unsightly elements such as shipping and loading areas, transformers,
dumpsters, and meters.
(6) The applicant shall design the building roof to screen mechanical
equipment from public view and to contribute to an attractive streetscape.
(7) The applicant shall develop the public streetscape between the building
and the street curb as a safe and convenient pedestrian way with attractive
amenities such as paving, lighting, seating, shelter, and landscaping.
(8) The applicant shall design fences and retaining walls that are consistent
in materials and quality with that of the building and the adjacent
properties.
(9) The applicant shall design and locate signs so that their illumination
is directed away from adjacent properties.
(10)
The applicant shall integrate ground signs into the design of
the site and the streetscape.
V. Entertainment
and recreation facilities operated as a business within a building,
with the exception of an adult bar, restaurant, or nightclub: special
exception with conditions use in the TC, PC and MC Districts, subject
to the requirements of the district where located, except as herein
provided.
W. Animal hospital, veterinarian clinic: special exception with conditions
use in the TC, PC and MC Districts, subject to the requirements of
the district where located, except as herein provided:
(1) Minimum lot area shall be 20,000 square feet.
(2) All operations in connection with the clinic must be conducted indoors.
(3) Vegetative landscaping shall be used along the side lot lines when
the site adjoins a residential lot and must include no less than two
sets of coniferous plantings with five-foot separation plus a hedge.
(4) No crematorium or incinerator device may be used on the site in conjunction
with the clinic operations.
(5) The site may not be operated as a kennel, though overnight stays
by pets receiving medical care may be permitted.
(6) No work on large animals (bovine or equine) is to be performed on
the premises.
X. Automobile service stations: special exception with conditions use
in the TC District, subject to the requirements of the district where
located, except as herein provided:
(1) All activities, except for those to be performed at the fuel pumps,
shall be performed within a completely enclosed building.
(2) No fuel pump, oil draining pit, or other vehicle appliance for serving
automobiles shall be located within 15 feet of a right-of-way.
(3) Bulk storage of flammable liquids shall be underground.
(4) The entrance and exit of any such establishment shall be at least
50 feet from any residential lot.
(5) No storage or stockpiling of tires or any trash shall be permitted.
(6) All inoperative vehicles shall be completely screened from view of
rights-of-way and adjoining properties.
(7) An area, enclosed by a wall or fence, screened from view of adjoining
properties and rights-of-way shall be established whenever outdoor
storage is required.
(8) No fuel pumps, structures or buildings shall be erected within 150
feet of any dwelling.
(9) All lights shall be diverted toward the station or downward on the
lot.
Y. Marina: special exception with conditions use in the MC District,
subject to the requirements of the district where located, except
as herein provided:
(1) The marina shall comply with all Town, state, and federal codes,
regulations, laws, and ordinances.
(2) The proposed design shall be satisfactory as regards such safety
features as the location of fueling points, fuel storage, the effect
on navigation, the possibilities for water pollution, and service
by fire hydrants.
(3) The projection of docks, wharves, and piers into waterways shall
be limited by applicable Town, state and federal laws.
(4) Groins, levees, bulkheads, pilings, breakwaters, and other similar
structures shall be erected and maintained in accordance with applicable
location and construction standards of the Town, state, and other
required regulatory agencies.
(5) Adequate sanitary facilities shall be provided. The Planning Commission
may specify the number.
(6) Each marina shall maintain fire suppression and prevention equipment
and facilities and shall conform to the requirements of the State
Fire Marshal. Interior roadways shall be of sufficient width and maintenance
to accommodate fire and emergency equipment.
(7) Containerized trash receptacles shall be required within a reasonable
distance of all piers.
Z. Transformer station, structures housing switching equipment and regulators,
tower transmission line right-of-way, towers, and radio and/or television
transmitter tower, cellular tower, etc.: special exception with conditions
use in all districts, subject to the requirements of the district
where located, except as herein provided:
(1) In any residential district, the proposed use at the location selected
is necessary for public convenience and service and cannot be supplied
with equal public convenience if located elsewhere.
(2) In any residential district, whenever practicable, buildings and
structures shall have the exterior appearance of residential structures.
(3) In any residential district, neither public business office nor any
storage yard or storage building is operated in connection with it.
(4) In the case of radio, cellular, and/or television transmitter towers,
any such tower shall be located a distance equal to its height plus
50 feet from all lot lines.
(5) There shall be no electrical disturbance emanating from any use or
lot which would adversely affect the operation of any equipment on
any other lot or premises.
(6) Transmission and distribution facilities should be located underground
unless cause can be shown why they cannot be placed underground.
AA. Storage
in association with permitted marine commercial activities: special
exception with conditions use in the RC District, subject to the following:
(1)
The use shall be limited to permitted marine commercial activities
located on the same property or a contiguous property where there
is a direct and functionally connected relationship.
(2)
Clearing of forested land to accommodate the use is strictly
prohibited.
(3)
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable use of
the property and, where feasible, pervious surfaces should be used
as an alternative.
BB. Aquaculture:
special exception with conditions in the RC District, subject to the
following:
(1)
The use shall be limited to waterfront properties or to properties
that are contiguous to, and functionally connected with, waterfront
properties.
(2)
Whether Article
X, Forest Conservation, is applicable or not, the removal of trees on the property shall be strictly limited to only that extent necessary to make reasonable use of the property and the applicant shall submit a plan documenting both existing and planned tree cover including an inventory of trees to be removed and replaced.
(3)
There shall be only species usage that are native to this region.
(4)
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable use of
the property and, where feasible, pervious surfaces should be used
as an alternative.
CC. Customary home occupation: conditional use in the NC, TC, PC and
MC Districts, subject to the requirements of the district where located,
except as herein provided:
(1)
The occupation is conducted entirely within the dwelling or
accessory building and is clearly secondary to the use of the dwelling
for residential purposes.
(2)
The occupation uses no more than 30% of the principal dwelling
floor area.
(3)
All employed are family members residing in the dwelling, except
that one full-time nonresident employee may be on the premises.
(4)
No outside storage of equipment, materials or items to be repaired
or sold shall be permitted.
(5)
No article or commodity is offered for sale or is publicly displayed
on the premises except those incidental to the services offered.
(6)
No display of products may be shown so as to be visible from
outside the dwelling, and no advertising visible outside the premises
shall be permitted, other than the permitted home occupation announcement
sign.
(7)
No exterior alterations, additions, or changes to the structure
shall be permitted in order to accommodate or facilitate a home occupation.
(8)
Besides the required parking for the dwelling unit, additional
parking located to the side or rear yard shall be provided as follows:
one space for each nonresident employed on the premises and three
additional spaces for a physician or dentist.
(9)
A nameplate not larger than two square feet attached to the
building and illuminated only by indirect lighting is permitted.
(10)
A home occupation shall not be interpreted to include such uses
as tourists' homes, animal hospitals, tearooms and restaurants.
(11)
The establishment or operation of a home occupation shall be
harmonious with the character of neighboring residential uses and
shall not create traffic (pedestrian or vehicular) or parking demands
out of character with neighboring properties.
(12)
A zoning permit is obtained.
DD. Garage sales, yard sales, estate sales: conditional use in all districts,
subject to the requirements of the district where located, except
as herein provided:
(1)
Articles for sale consist of personal possessions of the seller.
(2)
Such sale is not conducted in the same location more than once
a month.
EE. Carnival or similar transient enterprise: special exception with
conditions use in the PC District, subject to the requirements of
the district where located, except as herein provided:
(1)
The use shall be sponsored by an organization qualified under
Chapter 424 of the 1941 Acts of the General Assembly of Maryland (Section
249 of Article 27 of the Annotated Code of Maryland).
(2)
The use shall not exceed 10 days in duration and shall not include
any permanent structures.
FF. Temporary building incidental to construction (nonresidential): conditional
use in the TC, PC and MC Districts, subject to the requirements of
the district where located, except as herein provided:
(1)
Provided that it is removed when construction is finished.
(2)
The temporary structure is permitted for a period of one year.
A one-year extension may be permitted upon application to the Public
Works/Zoning Administrator.
GG. Retail
establishment carrying one type of interrelated goods, such as a bookstore,
gift shop, florist shop: conditional use in the RV-1 District, subject
to the requirements of the district where located except as herein
provided:
[Added 9-21-2023 by Ord.
No. O-23-21]
(1)
The use shall be an integral part of an existing and otherwise
permitted mixed-use commercial and multifamily development that was
permitted, platted, and recorded prior to January 20, 2005.
HH. Personal
services, including barbershops, salons, laundry, dry cleaning (receiving
stations), travel agency, insurance, real estate, repair shops for
shoes, bikes, watches, locks: conditional use in the RV-1 District,
subject to the requirements of the district where located except as
herein provided:
[Added 9-21-2023 by Ord.
No. O-23-21]
(1)
The use shall be an integral part of an existing and otherwise
permitted mixed-use commercial and multifamily development that was
permitted, platted, and recorded prior to January 20, 2005.
II. Artists, photographer's gallery, studio: conditional use in
the RV-1 District, subject to the requirements of the district where
located except as herein provided:
[Added 9-21-2023 by Ord.
No. O-23-21]
(1)
The use shall be an integral part of an existing and otherwise
permitted mixed-use commercial and multifamily development that was
permitted, platted, and recorded prior to January 20, 2005.
[Added 12-21-2023 by Ord. No. O-23-24]
No business may operate an on-site cannabis consumption business
within the Town limits of Chesapeake Beach.