The following supplemental use standards apply to the permitted uses listed in Table § 45-16A above and shall apply when the permitted use is allowed in the underlying zoning district.
A.
If a permitted use in the underlying zoning district, one additional
dwelling unit (accessory dwelling unit) as part of a primary dwelling
unit may be permitted in the Resource Conservation Area, provided
the additional dwelling unit is served by the same sewage disposal
system as the primary dwelling unit and:
(1)
Is located within the primary dwelling unit or its entire perimeter
is within 100 feet of the primary dwelling unit and does not exceed
900 square feet in total enclosed areas; or
(2)
Is located within the primary dwelling unit and does not increase
the amount of lot coverage already attributed to the primary dwelling
unit.
B.
An additional dwelling unit meeting all of the provisions of this
section may not be subdivided or conveyed separately from the primary
dwelling unit.
C.
The provisions of this section may not be construed to authorize
the granting of a variance, unless the variance is granted in accordance
with the variance provisions contained herein.
A.
Existing institutional facilities, including those that directly
support agriculture, forestry, aquaculture or residential development,
shall be allowed in Resource Conservation Areas.
B.
Expansion of existing institutional facilities and uses in the Resource
Conservation Area shall be subject to the nonconforming use provisions
of this chapter and the grandfathering provisions in this chapter
and may require growth allocation.
A.
New institutional facilities and uses, except those specifically listed in Table § 45-16A, shall not be permitted in Resource Conservation Areas.
B.
Certain institutional uses may be permitted in a Resource Conservation
Area if allowed in the underlying zoning district and if the use complies
with all requirements for such uses as provided in the Federalsburg
Zoning Ordinance.[1] These institutional uses are limited to:
(1)
A cemetery that is an accessory use to an existing church, provided
man-made lot coverage is limited to 15% of the site or 20,000 square
feet, whichever is less;
(2)
A day-care facility in a dwelling where the operators live on the
premises and there are no more than eight children;
(3)
A group home or assisted living facility with no more than eight
residents; and
(4)
Other similar uses determined by Federalsburg and approved by the
Critical Area Commission to be similar to those listed above.
A.
Existing commercial facilities and uses, including those that directly
support agriculture, forestry, aquaculture or residential development,
shall be allowed in Resource Conservation Areas.
B.
Expansion of existing commercial facilities and uses in the Resource
Conservation Area shall be subject to the nonconforming use provisions
of this chapter and the grandfathering provisions in this chapter
and may require growth allocation.
A.
New commercial uses, except those specifically listed in Table § 45-16A, shall not be permitted in Resource Conservation Areas.
B.
Certain commercial uses may be permitted in the Resource Conservation
Area if allowed in the underlying zoning district and if the use complies
with all requirements for such uses as provided in the Federalsburg
Zoning Ordinance. These commercial uses are limited to:
(1)
A home occupation as an accessory use on a residential property and
as provided for in Federalsburg's Zoning Ordinance;
(2)
A bed-and-breakfast facility located in an existing residential structure
and where meals are prepared only for guests staying at the facility;
and
(3)
Other uses determined by the municipality and approved by the Critical
Area Commission to be similar to those listed above.
A.
Expansion of existing commercial marinas may be permitted within
Resource Conservation Areas, provided:
(1)
Water quality impacts are quantified and appropriate best management
practices that address impacts are provided;
(2)
That it will result in an overall net improvement in water quality
at or leaving the site of the marina;
(3)
The marina meets the sanitary requirements of the Department of the
Environment; and
(4)
Expansion is permitted under the nonconforming use provisions of
this chapter.
B.
Expansion of existing commercial marinas may be permitted in the
Buffer in the Intensely Developed Areas and Limited Development Areas,
provided that the applicant demonstrates:
(1)
The project meets a recognized private right or public need;
(2)
Adverse effects on water quality, fish, plant and wildlife habitats
are minimized;
(3)
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the Buffer; and
(4)
Expansion is permitted under the nonconforming use provisions of
this chapter
A.
New commercial marinas shall not be permitted in Resource Conservation
Areas.
B.
New commercial marinas may be permitted in Limited Development Areas
and Intensely Developed Areas if allowed in the underlying zoning,
provided:
(1)
New marinas shall establish a means of minimizing the discharge of
bottom wash waters into tidal waters.
(2)
New marinas meet the sanitary requirements of the Department of the
Environment.
(3)
New marinas may be permitted in the Buffer in the Intensely Developed
Areas and Limited Development Areas, provided that it can be shown:
(a)
The project meets a recognized private right or public need;
(b)
Adverse effects on water quality, fish, plant and wildlife habitats
are minimized; and
(c)
Insofar as possible, non-water-dependent structures or operations
associated with water-dependent projects or activities are located
outside the Buffer.
A.
New or expanded community marinas and other noncommercial boat docking
and storage facilities may be permitted in the Buffer, subject to
the requirements in this chapter, provided that:
(1)
These facilities may not offer food, fuel, or other goods and services
for sale and shall provide adequate and clean sanitary facilities;
(2)
The facilities are community owned and established and operated for
the benefit of the residents of a platted and recorded riparian subdivision;
(3)
The facilities are associated with a residential development approved
by Federalsburg for the Critical Area and consistent with all state
requirements and the requirements of this chapter applicable to the
Critical Area;
(4)
Disturbance to the Buffer is the minimum necessary to provide a single
point of access to the facilities; and
(5)
If community piers, slips, or moorings are provided as part of the
new development, private piers in the development are not allowed.
B.
Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of Subsection B(1) or (2) below:
(1)
One slip for each 50 feet of shoreline in the subdivision in the
Intensely Developed and Limited Development Areas and one slip for
each 300 feet of shoreline in the subdivision in the Resource Conservation
Area; or
(2)
A density of slips or piers to platted lots or dwellings within the
subdivision in the Critical Area according to the following schedule:
|
Table § 45-25B(2) — Number of Slips Permitted
| ||
|---|---|---|
|
Platted Lots or Dwellings in the Critical Area
|
Slips
| |
|
Up to 15
|
1 for each lot
| |
|
16 to 40
|
15 or 75%, whichever is greater
| |
|
41 to 100
|
30 or 50%, whichever is greater
| |
|
101 to 300
|
50 or 25%, whichever is greater
| |
|
Over 300
|
75 or 15%, whichever is greater
| |
A.
Public beaches or other public water-oriented recreation or education
areas, including, but not limited to, publicly owned boat launching
and docking facilities and fishing piers, may be permitted in the
Buffer in Intensely Developed Areas.
B.
These facilities may be permitted within the Buffer in Limited Development
Areas and Resource Conservation Areas, provided that:
(1)
Adequate sanitary facilities exist;
(2)
Service facilities are, to the extent possible, located outside the
Buffer;
(3)
Permeable surfaces are used to the extent practicable, if no degradation
of groundwater would result;
(4)
Disturbance to natural vegetation is minimized; and
(5)
Areas for possible recreation, such as nature study, and hunting
and trapping, and for education, may be permitted in the Buffer within
Resource Conservation Areas if service facilities for these uses are
located outside of the Buffer.
Water-dependent research facilities or activities operated by
state, federal, or local agencies or educational institutions may
be permitted in the Buffer if non-water-dependent structures or facilities
associated with these projects are, to the extent possible, located
outside of the Buffer.
Commercial water-dependent fisheries, including, but not limited
to, structures for crab shedding, fish off-loading docks, shellfish
culture operations and shore-based facilities necessary for aquaculture
operations and fisheries activities, may be permitted in the Buffer
in Intensely Developed Areas, Limited Development Areas and Resource
Conservation Areas.
A.
Except as provided in Subsection A(1), (2) and (3) below, construction of a dwelling unit or other non-water-dependent structure on a pier located on state or private tidal wetlands within the Critical Area is prohibited.
(1)
A building permit for a project involving the construction of a dwelling
unit or other non-water-dependent structure on a pier located on state
or private wetlands within the Critical Area may be approved, provided
a permit was issued by the Department of Natural Resources on or before
January 1, 1989.
(2)
A building permit for a project involving the construction of a dwelling
unit or other non-water-dependent structure on a pier located on state
or private wetlands within the Critical Area may be approved if the
following conditions exist:
(a)
The project is constructed on a pier that existed as of December
1, 1985, that can be verified by a Department of Natural Resources
aerial photograph dated 1985, accompanied by a map of the area;
(b)
The project does not require an expansion of the pier greater
than 25% of the area of piers or dry docks removed on the same property;
however, additional expansion may be allowed in the amount of 10%
of the water coverage eliminated by removing complete piers from the
same or other properties. If the horizontal surface of a pier to be
removed is not intact, but pilings identify its previous size, then
that area may be used in determining the additional expansion permitted.
The project expansion based on water coverage eliminated can be considered
only if all nonfunctional piers on the property are removed except
for the project pier. The total expansion may not exceed 35% of the
original size of the piers and dry docks removed; and
(c)
The project is located in an Intensely Developed Area.
(3)
A building permit for the repair of an existing dwelling unit or
other non-water-dependent structure on a pier located on state or
private wetlands within the Critical Area may be approved.
(4)
If a structure that is not water-dependent is permitted under the
exceptions included in this section, an applicant is required to demonstrate
that the project will meet the following environmental objectives
using the standards established herein:
(a)
The construction and operation of the project will not have
a long-term adverse effect on the water quality of the adjacent body
of water;
(b)
The quality of stormwater runoff from the project will be improved;
and
(c)
Sewer lines or other utility lines extended for the pier will
not affect the water quality of adjoining waters.
A.
A golf course, excluding main buildings and/or structures such as
the clubhouse, pro shop, parking lot, etc., may be permitted in Resource
Conservation Areas, provided:
A.
Existing industrial facilities and uses, including those that directly
support agriculture, forestry, or aquaculture, may be permitted in
Resource Conservation Areas.
B.
Expansion of existing industrial facilities and uses in the Resource
Conservation Areas shall be subject to the nonconforming use provisions
of this chapter and the grandfathering provisions in this chapter
and may require growth allocation.
A.
New industrial uses shall not be permitted in Resource Conservation
Areas.
B.
New, expanded or redeveloped industrial facilities may only be permitted
in Limited Development Areas and Intensely Developed Areas if permitted
uses in the underlying zoning district and provided such facilities
meet all requirements for development in the Limited Development Area
and Intensely Developed Areas.
C.
New, expanded or redeveloped water-dependent industrial or port-related
facilities and the replacement of these facilities may be permitted
only in those portions of Intensely Developed Areas that have been
designated as Buffer Management Areas.
Nonmaritime heavy industry may be permitted if:
A.
Sanitary landfills or rubble fills may not be permitted in the Critical
Area unless no environmentally acceptable alternative exists outside
the Critical Area and these development activities or facilities are
needed in order to correct an existing water quality or wastewater
management problem.
B.
Existing, permitted facilities shall be subject to the standards
and requirements of the Department of the Environment.
A.
Solid or hazardous waste collection or disposal facilities, including
transfer stations, may not be permitted in the Critical Area unless
no environmentally acceptable alternative exists outside the Critical
Area and these development activities or facilities are needed in
order to correct an existing water quality or wastewater management
problem.
B.
Existing permitted facilities shall be subject to the standards and
requirements of the Department of the Environment.
A.
Permanent sludge handling, storage and disposal facilities, other
than those associated with wastewater treatment facilities, may be
permitted in the Critical Area, provided:
B.
Agricultural or horticultural use of sludge under appropriate approvals
when applied by an approved method at approved application rates may
be permitted in the Critical Area, except in the one-hundred-foot
Buffer.
