Calvert County, MD - Zoning Ordinance
 
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[Amended 8-7-2007[2]]
The Tables of Land Uses contained in Sections 3-1.01 through 3-1.11 list the different uses and the zoning districts in which they are permitted. If a use is not listed or does not fall within one of the general categories, it is not a permitted use in any district. If a use is specifically listed in the Land Use Tables, it takes precedence over general use listings.
KEY TO LAND USE TABLES
P
A "P" indicates permitted uses.
S
An "S" indicates in which districts the property owner needs a special exception from the Board of Appeals. Refer to Article 11 of this Ordinance, concerning special exceptions.
A blank indicates the use is not permitted in the district.
C
A "C" indicates the use is permitted only if it meets the conditions specified in the Table of Land Uses.
SC
An "SC" indicates the use is subject to a special exceptions from the Board of Appeals and must meet the conditions specified in the Table of Land Uses. Refer to Article 11 of this Ordinance, concerning special exceptions.
The letters at the top of the table stand for the names of the Zoning Districts which are as follow:
FFD
Farm and Forest District (agricultural and low-density residential uses). See Section 2-8.01 for a detailed description of the FFD.
RCD
Rural Community District (agricultural and low density residential uses). See Section 2-8.02 for a detailed description of the RCD.
RD
Residential District (single-family detached, attached, and related uses). See Section 2-8.03 for a detailed description of the RD District.
WL
Wetlands District (tidal and non-tidal wetlands). See Section 2-8.04 for a detailed description of the WL District.
APD
Agricultural Preservation Districts (Overlay Districts intended to preserve prime agricultural and forestry land). See Section 2-10.01 for a detailed description of Agricultural Preservation Districts. Note: The uses listed in this Section apply to APDs in the County Agricultural Preservation Program only. If a property is in a State APD, the uses must be permitted by the Maryland Agricultural Land Preservation Foundation.
HD
Historic Districts (Overlay Districts intended to safeguard the heritage of the County). See Section 2-10.04 for a detailed description of Historic Districts.
I-1
Light Industrial District (Light industrial and warehousing). See Sections 2-8.05 for a detailed description of the I-1 District.
RC
Rural Commercial District (commercial properties outside the Town Centers). See Section 2-8.06 for a detailed description of the Rural Commercial District.
MC
Marine Commercial District (primarily for businesses which supply and cater to marine activities). See Section 2-8.07 for a detailed description of the Marine Commercial District.
EC
Employment Center District (mixed-use office parks, flex space, light manufacturing, warehousing, colleges, universities, and research and development businesses). See Section 2-8.09 for a detailed description of the EC District.
[1]
Note: Uses permitted in the Town Centers are listed in Section 3-2 of this Ordinance and in the individual Town Center Zoning Ordinances.
[2]
See individual uses for revised dates.
3-1.01. AGRITOURISM, ECOTOURISM, & HERITAGE TOURISM USES & DEFINITIONS
USE #
3-1.01 AGRITOURISM, ECOTOURISM, & HERITAGE TOURISM USES & DEFINITIONS
(in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Agritourism Enterprise [Amended 10-13-2010; 3-30-2012]
Activities conducted on a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in a farm operation. Such activities include farm tours, hayrides, corn mazes, classes, and picnic facilities.
C
C
C
C
C
  1. The activity shall be related to agriculture or natural resources and incidental to the primary operation of the farm; and
  2. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  3. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  4. A Special Exception is required if the use does not meet Condition 2 or 3 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
2.
Campground, Farm [Amended 10-13-2010; 3-30-2012]
An area of a farmland where tent campsites are rented or leased or held out for rent or lease for the use of camping parties.
C
C
C
SC
  1. No more than 15 campers shall be permitted; and.
  2. only tent camping shall be permitted (recreational vehicles and travel trailers shall not be permitted); and
  3. No permanent structures shall be permitted with the exception of tent platforms and cooking grills; and
  4. temporary restrooms and potable water shall be provided within 75 feet of the campsites; and
  5. shower/bath facilities, electricity, and telephone lines shall not be permitted in conjunction with the campground; and
  6. the campsites shall be located at least 300 feet from any adjoining properties and the road; and
  7. In addition to the above conditions, the requirements of Section 2-10.04 shall apply to Historic Districts; and
  8. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  9. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  10. A Special Exception is required if the use does not meet Condition 8 or 9 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
3.
Canoe or Kayak Launching Site, Commercial
A waterfront site where canoes and kayaks are launched into the water for a fee.
C
C
C
C
P
  1. Except in the Marine Commercial District, no motorized watercraft shall be permitted; and
  2. portage and launch areas shall be stabilized to prevent erosion and there shall be no exposed soils.
4.
Commercial Kitchen, Farm [Amended 1-11-2012]
A food preparation facility not associated with an eating establishment used for the preparation of foods for sale for human consumption. May be attached to a farm stand.
C
C
C
C
C
  1. The kitchen shall not exceed 2,000 square feet; and
  2. goods produced shall incorporate farm commodities produced on the farm where the kitchen is located; and
  3. Health Department approval shall be obtained
5.
Ecotourism Enterprise
Activities conducted on a property and offered to the public or to invited groups for the close observation of nature. Uses include, but are not limited to, birdwatching, walking trails, and fishing ponds. This use does not include motorized activities except to provide for handicapped access.
P
P
P
P
P
P
Farm Support Business
An enterprise on a farm that is clearly and directly related to the practice of farming. Services include, but are not limited to, blacksmithing, farrier, farm implement repair, agricultural pest service, fertilizer service, irrigation installation service, and greenhouse construction and installation.
6a.
Farm Support Business, Less than 5,000 square feet [Amended 9-22-2009; 10-13-2010; 3-30-2012]
C
C
C
  1. Implements being kept for parts shall be kept inside or screened from view from all public roads and adjoining properties; and
  2. fertilizer mixing and/or manufacture is not permitted; and
  3. the enterprise shall be specifically associated with farming. For example, the repair of farm tractors and implements would qualify whereas general diesel service or general welding services would not; and
  4. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  5. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  6. A Special Exception is required if the use does not meet Condition 4 or 5 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
6b.
Farm Support Business, More than 5,000 square feet [Amended 9-22-2009; 10-13-2010; 3-30-2012]
SC
SC
SC
SC
  1. Implements being kept for parts shall be kept inside or screened from view from all public roads and adjoining properties; and
  2. fertilizer mixing and/or manufacture is not permitted; and
  3. the enterprise shall be specifically associated with farming. For example, the repair of farm tractors and implements would qualify whereas general diesel service or general welding services would not.
  4. In addition to the above conditions, the requirements of Section 2-10.04 shall apply to Historic Districts; and
  5. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  6. The Board of Appeals shall consider adding the following conditions if the use does not have direct access to a public road:
    1. The business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way; and
    2. The Department of Public Works shall review and approve the road access and impose appropriate construction standards.
7.
Heritage Trail Displays [Amended 9-22-2009]
A trail board, kiosk, or station where visitors are directed, either for a fee or at no cost, to gain information about local history.
C
C
C
C
C
C
C
The heritage trail display shall conform to standards established by the National Park Service.
8.
Hunting Service [Amended 9-22-2009]
A service on a farm provided for the hunting of game birds and mammals that are managed by the Maryland Department of Natural Resources. May include guide service and/or the care of game birds and mammals killed.
P
P
P
P
P
9.
Public Events/Public Assemblies on Farmland [Amended 9-22-2009; 8-21-2019]
A special event held on a farm not related to farm activities. Such uses include performing arts and concerts.
SC
C
SC
  1. No more than two events per year shall be permitted; and
  2. no event shall exceed two weeks in duration; and
  3. for events held at Farm Breweries, Farm Distilleries and Farm Wineries, the sale of alcohol and/or serving of alcohol not produced on the farm is permitted for on-site consumption in accordance with the State and County alcohol laws and regulations of the Calvert County Board of License Commissioners; and
  4. Health Department approval is required; and
  5. approval from the Historic District Commission shall be required for properties that are Historically Districted and the requirements of Section 2-10.04 shall apply to those properties; and
  6. approval from the Agricultural Preservation Advisory Board shall be required for properties located in Agricultural Preservation Districts.
10.
Rental Facilities on Farms [Amended 9-22-2009; 10-13-2010; 3-30-2012; 8-21-2019]
Facilities or areas on farms that are available for rent for private events such as weddings, company picnics, or private parties.
SC
SC
SC
C
C
  1. Approval from the Agricultural Preservation Advisory Board shall be required for properties located in Agricultural Preservation Districts; and
  2. in addition to the above condition, the requirements of Section 2-10.04 shall apply to Historic Districts; and
  3. for events held at Farm Breweries, Farm Distilleries and Farm Wineries, the sale of alcohol or serving of alcohol not produced on the farm is permitted for on-site consumption in accordance with the State and County alcohol laws and regulations of the Calvert County Board of License Commissioners; and
  4. Health Department approval is required; and
  5. The use shall have direct road access on to a publicly-owned and maintained right-of-way; or
  6. The Board of Appeals shall have the authority to grant a variance if the use does not have direct access to a public road or if the business owner(s) of the property where the use is located does not have sole ownership of the right of way; and
  7. The Department of Public Works shall review and approve the road access and impose appropriate construction standards.
11.
Sports Practice Fields on a Farm [Amended 9-22-2009]
Farm fields provided for non-motorized field games or sports including, but not limited to, soccer, football, volleyball, lacrosse, baseball, softball, and t-ball.
C
C
C
C
  1. The fields shall be used for practice only; and
  2. no structures or utility connections shall be permitted; and
  3. no artificial lighting shall be permitted; and
  4. no impervious surfaces shall be permitted.
3-1.02. AGRICULTURAL USES & DEFINITIONS
USE #
3-1.02 AGRICULTURAL USES & DEFINITIONS
(in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Animal Husbandry
The care and/or breeding of livestock on a farm and raised for sale or profit, including but not limited to the following animals: horses, cattle, sheep, swine, goats, bison, llamas, alpacas, rabbits, and poultry.
P
C
C
P
C
P
  1. Size of the parcel is three acres or more; and
  2. the property qualifies for and receives an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation.
2a.
Aquaculture, Freshwater and Land-based [Amended 9-22-2009]
The culture of aquatic species under natural or artificial conditions in freshwater ponds, tanks, raceways or other freshwater impoundments. This definition excludes commercial seafood processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use.
C
C
C
C
C
C
  1. In all Districts, any water discharged shall be treated through land application.
  2. In the Farm and Forest District, a minimum of one (1) acre shall be provided for every 1,000 square feet of building space. All structures used for aquaculture which contain more than 1,000 square feet must be located at least 100 feet from all property lines.
  3. In the Rural Community District and Historic Districts, only freshwater impoundments are permitted.
2b.
Aquaculture, Marine/Estuarine [Amended 9-22-2009]
The culture of salt-tolerant aquatic species under natural or artificial conditions in tidal waters and coastal ponds including, but not limited to: fish farming utilizing pens, tanks or impoundments; the culture of shellfish on the bay floor or stream or river beds, in cages, or suspended from structures in the water, and the culturing of aquatic plants. This definition excludes commercial seafood processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use.
C
C
C
C
C
C
C
  1. In all Districts, all structures shall meet the lateral line setback requirements and those setbacks may not be reduced.
  2. In the Rural Community and Residential Districts:
    1. the aquaculture operation shall be part of a controlled environmental remediation project; and
    2. no pens, tanks, or impoundments are permitted on land; and
    3. the operation shall be limited to the raising of shellfish and aquatic plants only.
3a.
Commercial Greenhouse, Retail [Amended 9-22-2009; 10-13-2010; 3-30-2012; 4-11-2013]
A structure or building made with translucent or light transparent walls conducive to plant growth, in which plants, vegetables, and flowers are grown for retail sale, and where non-plant items may be sold on a limited basis.
C
SC
SC
C
C
P
  1. Outdoor lighting of the sales area is permitted subject to Article 6; and
  2. the Retail Nursery shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and
  3. the sales inventory shall consist primarily of plant materials and their containers; and retail sales of pots, mulch, topsoil, and soil amendments. The area devoted to such accessory sales shall be restricted to no more than 1% of the Parcel/Lot area (one acre max.); and
  4. Fifty (50) foot minimum setback from all property lines
  5. The Administrative Variance Officer or his/her designee may reduce or waive the setback requirements, in accordance with Article 11 of this Ordinance.
  6. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  7. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  8. A Special Exception is required if the use does not meet Condition 4 6 or 7 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
    Overlay Districts:
  9. The requirements of Section 2-10.04 shall apply to properties in HD Overlay.
3b.
Commercial Greenhouse, Wholesale [Amended 9-22-2009; 10-13-2010; 3-30-2012]
A structure or building made with translucent (light transparent) walls conducive to plant growth, in which plants, vegetables, and flowers are grown for wholesale purposes only.
C
SC
SC
C
C
P
P
P
  1. Outdoor lighting of the sales area is permitted subject to Article 6; and
  2. the wholesale greenhouse shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and
  3. the sales inventory shall include plant materials and their containers only; and
  4. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  5. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  6. A Special Exception is required if the use does not meet Condition 4 or 5 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
4a.
Commercial Kennel, with Indoor Facilities Only [Amended 9-22-2009; 9-21-2010; 10-13-2010; 3-30-2012]
An establishment in which household pets are kept, boarded, groomed or bred for a fee entirely within an enclosed structure.
C
C
C
C
C
  1. all structures or accessory uses shall be at least 100 feet from any property line and 100 feet from a right-of-way. These setbacks may not be reduced; and
  2. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  3. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  4. A Special Exception is required if the use does not meet Condition 2 or 3 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
4b.
Commercial Kennel, with Outdoor Facilities [Amended 9-22-2009; 9-21-2010; 10-13-2010; 3-30-2012]
An establishment in which household pets are kept, boarded, groomed or bred for a fee where outdoor facilities such as runs, pens, and walking areas are provided.
C
C
C
C
  1. all structures or accessory uses shall be at least 500 feet from any property line and 300 feet from a right-of-way. These setbacks may not be reduced; and
  2. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  3. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  4. A Special Exception is required if the use does not meet Condition 2 or 3 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
5.
Commercial or Non-Profit Stable or Horseback-Riding Club [Amended 9-22-2009]
An establishment in which horses are kept, trained, boarded handled, or ridden for a fee.
C
C
C
C
C
The property shall contain a minimum of five acres.
6a.
Commercial Raising of Animals, Dangerous or Wild [Amended 9-22-2009]
Commercial Raising of Dangerous or Wild Animals - The production for commercial purposes of any creature defined as dangerous or wild by this Ordinance (see Dangerous or Wild Animals).
Dangerous or Wild Animals - Animals that, by their very nature, are wild and potentially dangerous and, as such, do not adjust well to a captive environment, including but not limited to lions, tigers, wolves, bears, reptiles, and non-human primates.
6b.
Commercial Raising of Animals, Fur-bearing [Amended 9-22-2009]
The production of fur-bearing animals other than livestock, household pets for commercial purposes, such as breeding stock or for the reclamation of pelts.
SC
SC
SC
SC
  1. All activities related to the operation shall be at least 200 feet from all property lines; and
  2. vegetative screening including trees must be in place prior to start up; and
  3. all wastes generated shall be composted on site.
7a.
Farm [Amended 9-22-2009; 9-21-2010]
Property receiving agricultural use assessment from the Maryland Department of Assessments and Taxation and/or within a recorded Agricultural Preservation District (APD).
P
P
P
P
P
P
P
P
P
P
7b.
Farm Brewery [Amended 5-12-2009; 9-22-2009; 10-13-2010; 3-30-2012]
An establishment for the manufacture of malt liquors, such as beer and ale, using grains such as oats, hops, wheat and barley produced on the farm on which the farm brewery is located.
C
C
C
C
C
C
  1. The brewery shall be designed and managed to brew no more than 15,000 barrels of beer per year, and
  2. at least one of the primary ingredients shall be produced on the farm where the brewery is located; and
  3. sampling and the sale for on- and off-site consumption of the brewery's products shall be permitted in accordance with State and County alcohol laws and regulations; and
  4. events allowed on farms (e.g., Section 3-1.01, Use #10, Public Events/Public Assemblies on Farmland, and Use #11, Rental Facilities on Farms) shall be permitted on the site of the brewery in accordance with the requirements of this Ordinance and with State and County alcohol laws and regulations; and
  5. the brewery shall be operated in accordance with all local, state, and federal laws; and
  6. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  7. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  8. A Special Exception is required if the use does not meet Condition 6 or 7 above, and the Board of Appeals shall consider adding the following conditions:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
  9. retail sales of items may be permitted subject to the following additional conditions:
    1. the items sold are primarily associated with the farm brewery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an Artisan's and Crafter's Market or Farmers' Market, as defined by this Ordinance; and
    2. the retails sales are conducted within the brewery or an accessory structure; and
    3. in no case shall the area designated for the retail sales exceed 20 percent of all brewery buildings combined.
7c.
Farm Building [Amended 9-22-2009]
A structure, other than a dwelling, accessory to the principal uses of the farm.
P
P
P
P
P
P
P
P
P
7d.
Farm Distillery [Amended 5-12-2009; 9-22-2009; 10-13-2010; 3-30-2012]
A facility located wholly on a farm designed for the distillation of grains and fruits produced primarily on the farm into alcoholic beverages.
C
C
C
C
C
C
  1. The distillery shall be capable of producing no more than 500 liters (132 gallons); and
  2. at least one of the primary ingredients shall be produced on the farm where the distillery is located; and
  3. sampling and the sale for on- and off-site consumption of the distillery's products shall be permitted in accordance with State and County alcohol laws and regulations; and
  4. events allowed on farms (e.g., Section 3-1.01, Use #10, Public Events/Public Assemblies on Farmland, and Use #11, Rental Facilities on Farms) shall be permitted on the site of the distillery in accordance with the requirements of this Ordinance and with State and County alcohol laws and regulations; and
  5. the distillery shall be operated in accordance with all local, state, and federal laws; and
  6. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  7. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  8. A Special Exception is required if the use does not meet Condition 6 or 7 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
  9. retail sales of items may be permitted subject to the following additional conditions:
    1. the items sold are primarily associated with the farm distillery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an Artisan's and Crafter's Market or Farmers' Market, as defined by this Ordinance; and
    2. the retails sales are conducted within the distillery or an accessory structure; and
    3. in no case shall the area designated for the retail sales exceed 20 percent of all distillery buildings combined.
7e.
Farm Stand [Amended 9-22-2009]
A seasonal or year-round facility located on a farm that specializes in the sale of produce, including value-added agricultural products, nursery products, and other agricultural goods.
C
C
C
C
C
  1. Items sold are restricted to produce, value-added agricultural products, and nursery products only; and
  2. any new permanent stand shall meet the front setback requirements specified in Section 5-1 and a temporary stand shall be at least 30 feet from the right-of-way.
7f.
Farm, Tree [Amended 9-22-2009]
The operation of timber tracts, tree farms, forest nurseries, and the gathering of forest products.
P
P
P
P
P
P
P
P
P
P
7g.
Farm Winery [Amended 5-12-2009; 9-22-2009; 10-13-2010; 3-30-2012]
An establishment located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner manufactures wine and/or pomace brandy from fresh fruits or other agricultural products as allowable by state law.
C
C
C
C
C
C
  1. at least one of the primary ingredients shall be produced on the farm where the winery is located; and
  2. sampling and the sale for on- and off-site consumption of the winery's products shall be permitted in accordance with State and County alcohol laws and regulations; and
  3. events allowed on farms (e.g., Section 3-1.01, Use #10, Public Events/Public Assemblies on Farmland, and Use #11, Rental Facilities on Farms) shall be permitted on the site of the winery in accordance with the requirements of this Ordinance and with State and County alcohol laws and regulations; and
  4. the winery shall be operated in accordance with all local, state, and federal laws; and
  5. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  6. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  7. A Special Exception is required if the use does not meet Condition 5 or 6 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
  8. retail sales of items may be permitted subject to the following additional conditions:
    1. the items sold are primarily associated with the farm winery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an Artisan's and Crafter's Market or Farmers' Market, as defined by this Ordinance; and
    2. the retails sales are conducted within the winery or an accessory structure; and
    3. in no case shall the area designated for the retail sales exceed 20 percent of all winery buildings combined.
8.
Field Crops [Amended 9-22-2009]
Agricultural plant commodities traditionally grown and harvested in open land including, but not limited to, grains, vineyards, orchards, vegetables, legumes, and tobacco.
P
P
P
P
P
P
P
P
P
9.
Forest Product Processing [Amended 9-22-2009]
The post-harvest processing of timber and non-timber materials from forests off-site. Such uses may include fixed-location stump-grinding and the production of mulch. This definition does not include commercial sawmills, portable sawmills, paper mills, or chip mills.
C
  1. All structures shall be at least 200 feet from any property boundary that adjoins a property that is used for residential purposes; and
  2. a 100-foot vegetated buffer shall be provided along such boundaries; and
  3. hours of operation shall be restricted to daylight hours on weekdays only.
10.
Garden Center or Farm Supply Store [Amended 9-22-2009]
An establishment with retail sales of nursery stock, landscaping and/or gardening equipment and tools, seeds, and/or the sale of supplies related to farming including, but not limited to, animal feeds, fencing, irrigation supplies, fertilizer, small equipment, pesticides, and similar goods.
C
The gross square footage of all buildings combined, regardless of use, shall not exceed 25,000 square feet per lot or parcel of record as of the effective date of this condition.
[Amended 5-1-2006]
11a.
Livestock Auction and/or Sales Barn, Commercial [Amended 9-22-2009]
A place of business to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. Auctions conducted by non-profit organizations such as Future Farmers of America and 4-H groups, auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted by or for a person at which livestock of such person's ownership are sold on the premises of the person, are not included in this definition.
S
S
S
SC
P
P
The requirements of Section 2-10.04 shall apply to Historic Districts.
11b.
Livestock Auction by a Non-Profit Organization or Farm Owner [Amended 9-22-2009]
A place of business to which the public may consign livestock for sale by auction open to public bidding conducted by non-profit organizations such as Future Farmers of America and 4-H groups, including auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted by or for a person at which livestock of such person's ownership are sold on the premises of the person by a non-profit organization.
C
C
C
C
P
P
Such auctions shall take place no more than two times per year on a single property.
12a.
Nursery, Retail [Amended 9-22-2009; 10-13-2010; 3-30-2012; 4-11-2013; 4-15-2016 by Ord. No. 11-16]
An area or establishment where trees, shrubs or plants are grown for transplanting, for use as stock for budding and grafting or for sale directly to the general public, and where non-plant items may be sold on a limited basis. Includes delivery and installation of purchased trees, shrubs, plants and non-plant items, landscaping, and tree trimming. Storage of machinery and equipment required for nursery maintenance, delivery, installation, landscaping and tree trimming is permitted onsite.
C
C
SC
C
C
P
  1. Outdoor lighting of the sales area is permitted subject to Article 6;
  2. The Retail Nursery shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation;
  3. The sales inventory shall consist primarily of plants and their containers and retail sales of pots, mulch, topsoil, and soil amendments. The area devoted to accessory sales shall be no more than 1% of the Parcel/Lot area not to exceed 1 acre in size
    1. The area devoted to accessory sales shall be no more than 1% of the Parcel/Lot area not to exceed 1 acre in size;
  4. Fifty (50) foot minimum setback from all property lines.
  5. The Administrative Variance Officer or his/her designee may reduce or waive the setback requirements, in accordance with Article 11 of this Ordinance.
  6. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  7. A Special Exception is required if the use does not meet Condition 6 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the sufficiency of the access for vehicle types and projected trips per day and impose appropriate construction and maintenance standards.
  8. Overlay Districts:
  9. The requirements of Section 2-10.04 shall apply to properties in HD Overlay.
12b.
Nursery, Wholesale [Amended 9-22-2009; 10-13-2010; 3-30-2012]
An area or establishment where trees, shrubs or plants are grown for transplanting, for use as stock for budding and grafting or for sale to retailers or other businesses, but not directly to the general public.
C
C
C
C
C
P
  1. Outdoor lighting of the sales area is permitted subject to Article 6; and
  2. the wholesale nursery shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and
  3. the sales inventory shall include plant materials and their containers only; and
  4. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  5. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  6. A Special Exception is required if the use does not meet Condition 4 or 5 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the access and impose appropriate construction standards.
13a.
Veterinary Hospital or Clinic, Livestock [Amended 12-9-2006; 9-22-2009; 12-7-2016]
An animal shelter or a place where livestock is given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the medical use. Such use may include outdoor facilities such as runs, pens, and walking areas.
P
S
P
P
P
P
13b.
Veterinary Hospital or Clinic, Small Animals and Household Pets [Amended 12-9-2006; 5-12-2009; 9-22-2009; 5-4-2012; 12-7-2016]
An animal shelter or a licensed facility where small animals or household pets are given medical or surgical treatment.
C
C
P
C
  1. In the HD, the minimum lot size shall be one acre and the boarding of animals shall be limited to indoor, short-term care incidental to animals receiving medical treatment.
  2. In the I-1, EC & TCs, small animals and household pets may be boarded, groomed, or bred indoors, regardless of whether the animals are receiving medical services.
3-1.03. RESIDENTIAL USES & DEFINITIONS
USE #
3-1.03 RESIDENTIAL USES & DEFINITIONS
(in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1a.
Apartment, Accessory to a Residence [Amended 8-28-2007; 9-22-2009; 9-21-2010; 6-6-2018 by Ord. No. 23-18]
A second dwelling unit either within or added to a single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, that functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping.
C
C
C
C
C
C
C
  1. In the I-1 and EC Districts, accessory apartments shall only be permitted on properties on which a house existed as of the effective date of this condition (05/01/06) unless the house and apartment are constructed on an approved family conveyance lot; and
  2. In all Districts, only one accessory apartment shall be created on each single-family lot. See Section 8-1.05.D.3 for provisions regarding accessory apartments in the Critical Area; and
  3. the accessory apartment shall be clearly subordinate to the single-family dwelling.
    1. If the apartment is not a part of the dwelling, it shall be within 100 feet of the dwelling. In no case shall it contain more than 900 square feet gross floor area of enclosed space, including enclosed porches.
    2. If the apartment is contained within the dwelling (i.e., it shares a common interior element such as a wall, floor, or ceiling with the principal single-family dwelling), then it shall contain no more than 40 percent of the total square footage of the building.
    3. If the apartment is located in the basement of the dwelling, then it can consist of the entire basement; and
  4. An owner of the lot shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences as determined by the Zoning Officer; and
  5. the owner shall obtain Health Department approval; and
  6. the accessory apartment shall be located within the building restriction lines required for the principal dwelling; and
  7. only one kitchen shall be permitted within the accessory apartment.
1b.
Apartment, Accessory for Resident Watchman/Caretaker [Amended 9-22-2009]
See Apartment, Accessory attached to a Business
1c.
Apartment, Attached to a Business [Amended 8-28-2007; 3-25-2008; 9-22-2009]
A dwelling unit structurally attached to a business that functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping.
C
C
C
C
  1. In the RC, MC, and EC Districts, the conditions of Section 5-1.05 shall be met.
  2. If located on an Historically Districted property, only one apartment attached to a business shall be allowed and the business shall be a permitted or special exception use within Historic Districts. In addition, the requirements of Section 2-10.04 shall apply to Historic Districts.
2.
Assisted Living Facility [Amended 9-22-2009]
A group home with more than 16 residents that provides housing and supportive services, including health-related services, in a home-like environment.
SC
  1. The facility shall be operated in accordance with all applicable State and Federal requirements; and
  2. site plan approval shall be obtained in accordance with Article 6, Non-Residential Development Requirements.
Bed & Breakfast Facility
A residence where paying guests are lodged overnight and breakfast is the only meal served to overnight guests.
3a.
Bed & Breakfast Facility with up to 2 Bedrooms in Use [Amended 9-22-2009]
C
C
C
C
C
C
C
  1. An owner or operator lives on the premises; and
  2. the facility shall be a part of the dwelling unit with the exception that existing non-conforming guesthouses may be used; and
  3. no separate kitchens shall be provided; and
  4. Fire Marshall and Health Department approvals shall be obtained; and
  5. breakfast shall be served to overnight lodgers only; and
  6. an Occupancy Permit for such use shall be obtained.
3b.
Bed & Breakfast Facility with 3 to 5 Bedrooms in Use [Amended 9-22-2009]
C
SC
C
C
C
SC
SC
  1. An owner or operator lives on the premises; and
  2. the facility shall be a part of the dwelling unit with the exception that existing non-conforming guesthouses may be used; and
  3. no separate kitchens shall be provided; and
  4. Fire Marshall and Health Department approvals shall be obtained; and
  5. breakfast shall be served to overnight lodgers only; and
  6. an Occupancy Permit for such use shall be obtained.
4a.
Boarding House (more than 3 Lodgers) [Amended 9-22-2009; 5-22-2013]
A dwelling or part thereof, in which the owner or operator provides lodging and meals to more than three Lodgers.
4b.
Boarding House (no more than 3 Lodgers) [Amended 9-22-2009; 5-22-2013]
C
C
C
C
C
C
C
C
  1. An owner or operator lives on the premises; and
  2. no separate kitchens shall be provided.
5a.
Dwelling, Attached: Duplex [Amended 9-22-2009]
Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit's private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multi-family), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development).
C
C
Duplexes shall be permitted in the Residential District (RD) subject to the following conditions:
  1. only if the property is located within the one-mile radius of a Town Center as defined by Section 2-10.02.C; and
  2. the combined lot area of the attached dwelling development is at least 30,000 square feet; and
  3. the maximum units per acre shall not exceed that which is permitted under Section 5-1.04; and
  4. the architecture of the attached dwelling development is such that the building looks like a single-family detached dwelling; and
  5. the entryways for each unit shall be located on different walls; and
  6. the development shall comply with Section 5-3 of this Ordinance.
Duplexes shall be permitted in the Rural Community District as a Pilot Program subject to the following conditions:
  1. No more than 12 individual dwelling units shall be permitted per Election District per year; and
  2. attached dwellings are not permitted on lots or outlots within subdivisions recorded prior to the effective date of this condition (05/01/06); and
  3. the minimum lot size shall be two acres; and
  4. prior to plot plan approval, covenants shall be recorded in the Land Records indicating that the dwelling units are restricted to occupants who qualify for workforce housing in perpetuity. Renter eligibility shall be determined by the Calvert County Housing Authority; and
  5. the owner of the property may live in one of the units without meeting the income criteria of condition 'd'; and
  6. the architecture of the attached dwelling is such that the building looks like a single-family detached dwelling.
5b.
Dwelling, Attached: Fourplex [Amended 9-22-2009]
Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit's private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multi-family), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development).
C
C
Fourplexes shall be permitted in the Residential District (RD) subject to the following conditions:
  1. only if the property is located within the one-mile radius of a Town Center as defined by Section 2-10.02.C; and
  2. the combined lot area of the attached dwelling development is at least 30,000 square feet; and
  3. the maximum units per acre shall not exceed that which is permitted under Section 5-1.04; and
  4. the architecture of the attached dwelling development is such that the building looks like a single-family detached dwelling; and
  5. the entryways for each unit shall be located on different walls; and
  6. the development shall comply with Section 5-3 of this Ordinance.
Fourplexes shall be permitted in the Rural Community District as a Pilot Program subject to the following conditions:
  1. No more than 12 individual dwelling units shall be permitted per Election District per year, and
  2. attached dwellings are not permitted on lots or outlots within subdivisions recorded prior to the effective date of this condition (05/01/06); and
  3. the minimum lot size shall be two acres; and
  4. prior to plot plan approval, covenants shall be recorded in the Land Records indicating that the dwelling units are restricted to occupants who qualify for workforce housing in perpetuity. Renter eligibility shall be determined by the Calvert County Housing Authority; and
  5. the owner of the property may live in one of the units without meeting the income criteria of condition 'd'; and
  6. the architecture of the attached dwelling is such that the building looks like a single-family detached dwelling.
5c.
Dwelling, Attached: Multi-Family [Amended 9-22-2009]
A residential building containing two or more attached dwelling units with horizontal separation between any of the dwelling units.
5d.
Dwelling, Attached: Townhouse [Amended 9-22-2009]
Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit's private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multi-family), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development).
C
Townhouses shall be permitted in the Residential District (RD) subject to the following conditions:
  1. only if the property is located within the one-mile radius of a Town Center as defined by Section 2-10.02. C; and
  2. the combined lot area of the townhouse development is at least 30,000 square feet; and
  3. the maximum units per acre shall not exceed that which is permitted under Section 5-1.04; and
  4. the development shall comply with Section 5-3 of this Ordinance.
5e.
Dwelling, Attached: Triplex [Amended 9-22-2009]
Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit's private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multi-family), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development).
C
C
Triplexes shall be permitted in the Residential District (RD) subject to the following conditions:
  1. only if the property is located within the one-mile radius of a Town Center as defined by Section 2-10.02.C; and
  2. the combined lot area of the attached dwelling development is at least 30,000 square feet; and
  3. the maximum units per acre shall not exceed that which is permitted under Section 5-1.04; and
  4. the architecture of the attached dwelling development is such that the building looks like a single-family detached dwelling; and
  5. the entryways for each unit shall be located on different walls; and
  6. the development shall comply with Section 5-3 of this Ordinance.
Triplexes shall be permitted in the Rural Community District as a Pilot Program subject to the following conditions:
  1. No more than 12 individual dwelling units shall be permitted per Election District per year; and
  2. attached dwellings are not permitted on lots or outlots within subdivisions recorded prior to the effective date of this condition (05/01/06); and
  3. the minimum lot size shall be two acres; and
  4. prior to plot plan approval, covenants shall be recorded in the Land Records indicating that the dwelling units are restricted to occupants who qualify for workforce housing in perpetuity. Renter eligibility shall be determined by the Calvert County Housing Authority; and
  5. the owner of the property may live in one of the units without meeting the income criteria of condition 'd'; and
  6. the architecture of the attached dwelling is such that the building looks like a single-family detached dwelling.
5f.
Dwelling, Detached: Single-Family [Amended 9-22-2009]
A single-family dwelling which is not attached to any other dwelling.
C
C
C
C
C
C
C
C
C
  1. Only one single-family detached dwelling shall be permitted per buildable lot or parcel; and
  2. at least 50 percent of the length of the building shall be 20 feet wide, excluding porches; and
  3. in the I-1, RC, MC, and EC Districts, one single-family dwelling is permitted per lot or parcel of record as of the effective date of this condition (05/01/06). Exception: family conveyance subdivisions shall be permitted in the I-1 and EC Districts subject to the provisions of Article 5.
6.
Group Home [Amended 9-22-2009]
A community-based living facility offering a family or home-like environment for up to 16 residents for people who need assistance or care in some form (e.g., seniors, disabled, etc.).
C
C
C
C
C
  1. No more than 16 residents reside on the premises, excluding the owner and/or employees; and
  2. no separate kitchens shall be provided; and
  3. Health Department approval shall be obtained for the number of bedrooms in use in the residence.
7.
Liveaboards [Amended 9-22-2009]
Permanent occupancy of watercraft. This definition does not apply to weekend and short-term vacation use of watercraft.
C
  1. Marinas with one to 100 wet slips shall have no more than one liveaboard. Marinas with 101 to 200 wet slips shall have no more than two liveaboards, marinas with 201 to 300 slips shall have no more than three liveaboards, and marinas with 300+ slips shall have no more than four liveaboards; and
  2. the marina shall have pump-out facilities and shower facilities available year-round; and
  3. the sewage systems on liveaboards shall be closed systems. No overboard discharge shall be permitted.
8a.
Manufactured Home Community [Amended 9-22-2009]
Any property containing two or more manufactured homes sold, leased or held out for lease to residents or prospective residents (a.k.a. "MH Community").
8b.
Manufactured Home, Farm [Amended 9-22-2009]
C
C
C
C
C
  1. No more than one manufactured home shall be located on any one farm; and
  2. the property shall consist of a minimum of 25 acres; and
  3. the manufactured home shall be used in conjunction with agricultural purposes; and
  4. the manufactured home shall be occupied by a person or family associated with agricultural activities on the farm.
8c.
Manufactured Home on Individual Lot [Amended 9-22-2009]
C
C
C
  1. In the I-1, RC, MC, and EC Districts, one manufactured home is permitted per lot or parcel of record as of the effective date of this condition (05/01/06). Exception: family conveyance subdivisions shall be permitted in the I-1 and EC Districts subject to the provisions of Article 5; and
  2. the unit appears to have a permanent and continuous foundation; and
  3. the unit is at least 24 feet wide; and
  4. the unit has a pitched roof; and
  5. the unit is constructed under the latest HUD standards.
  6. the exterior walls of the unit look like wood or masonry, regardless of their actual composition; and
  7. if the lot is a part of a subdivision, then the subdivision plat shall be so noted and signed by all property owners to permit manufactured homes.
8d.
Manufactured Home or Recreational Vehicle (Emergency) [Amended 9-22-2009]
Manufactured Home: A transportable structure designed to be used as a dwelling, built in one or more sections in a factory and bearing a seal certifying that it conforms to the U.S. Department of Housing and Urban Development's (HUD) Manufactured Home Construction and Safety Standards Code (a.k.a. mobile home or residential trailer). This definition does not include modular houses.
Recreational Vehicle: A vehicular portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
C
C
C
C
C
C
C
C
C
In case of fire or other disaster that was not intentionally caused by the owner and that destroys the livability of a residence, the Zoning Officer may issue a permit for one manufactured home or recreational vehicle to serve as a temporary shelter on the premises. If such temporary use exceeds six months, the Board of Appeals may approve an extension for a period of one year beyond the date such temporary residence was established. After the initial extension, the Board of Appeals may grant additional extensions at six-month intervals upon the applicants' request and at the Board's discretion.
8e.
Manufactured Home For Resident Watchman/Caretaker [Amended 9-22-2009]
8f.
Manufactured Home Subdivision [Amended 9-22-2009]
A subdivision developed and/or intended for the sale of lots to be used as manufactured home sites.
C
C
C
  1. All units shall appear to have a permanent and continuous foundation; and
  2. all units shall be at least 20 feet wide. For single-wide units, the width can be made up with a porch or carport addition at least two/thirds the length of the unit; and
  3. all units shall have pitched roofs; and
  4. all units shall be constructed under the latest HUD standards; and
  5. the exterior walls of all units shall look like wood or masonry, regardless of their actual composition; and
  6. the subdivision shall be a major subdivision (minimum six lots); and
  7. the density shall be the same as that permitted for single-family detached; and
  8. it shall be designated as a Manufactured Home Subdivision on an approved plat.
9a.
Tenant House [Amended 9-22-2009]
A farm dwelling, other than the main farm house, for occupancy by a person or family associated with the operation of the farm.
C
C
C
C
C
  1. The property shall consist of a minimum of 25 acres; and
  2. the owner shall demonstrate to the Zoning Officer that the property meets the definition of a farm; and
  3. the tenant house shall be at least 60 feet from any other dwelling on the property.
9b.
Tenant Houses, Additional (no more than 2 additional) [Amended 9-22-2009]
SC
SC
C
SC
  1. The property shall consist of a minimum of 25 acres for each tenant house; and
  2. the owner shall demonstrate to the Zoning Officer that the property meets the definition of a farm; and
  3. the tenant house shall be at least 60 feet from any other dwelling on the property.
  4. In addition to the above conditions, the requirements of Section 2-10.04 shall apply to Historic Districts.
3-1.04. COMMERCIAL RETAIL USES & DEFINITIONS
USE #
3-1.04 COMMERCIAL RETAIL USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Agricultural Machinery, Service and/or Supplies
A facility designed for the maintenance and sale of goods related to farm machinery including tractors, plows, backhoes, balers, harrows, harvesters, manure spreaders, seeders, and similar machinery used directly in agricultural production.
P
P
2.
Antiques Sales
An establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period. All sales and storage occur inside a building.
SC
P
P
The requirements of Section 2-10.04 shall apply to Historic Districts.
3.
Art Gallery
Premises used principally for the sale, display and exhibition of arts and craft products and may include accessory production or instruction in the production of arts and crafts using paint, clay, fabric or other media.
SC
P
P
The requirements of Section 2-10.04 shall apply to Historic Districts.
4.
Auction Building [Amended 9-22-2009]
A place where auctions are held. Merchandise to be auctioned may be stored and displayed prior to the auction. This definition does not include Livestock Auction Barns.
C
  1. Auctions shall be held no more often than once a month; and
  2. there shall be no outside storage of articles to be sold; and
  3. the Auction Building shall not be used for the sale or auction of motor vehicles.
5.
Boat Dealership [Amended 9-22-2009; 12-7-2016]
The use of any building, land area or other premise for the sale, exchange, rental, or lease with option to purchase, of more than two new or used watercraft per year.
P
S
P
6.
Home Improvement Center [Amended 9-22-2009]
A commercial retail store that sells lumber and other building materials, where most display and sales activities occur indoors. Products sold may include paint, wallpaper, glass, fixtures, nursery stock, home appliances, and lawn and garden equipment and supplies. Includes stores selling to the general public even if contractor sales account for a major proportion of total sales.
C
The gross square footage of all buildings combined, regardless of use, shall not exceed 25,000 square feet per lot or parcel of record as of August 10, 2004.
7.
Manufactured Home Dealer [Amended 9-22-2009]
An establishment that sells manufactured homes as are defined by this Ordinance.
C
The manufactured homes shall be screened from adjoining properties and the road.
8a.
Market, Artisans' and Crafters' [Amended 9-22-2009]
A site with or without permanent structures, operated on a seasonal or year-round basis that allows multiple artists and/or crafters to retail products that they produced directly to consumers. May operate separately or in conjunction with a Farmers' Market and/or a Waterman's Market.
SC
C
C
  1. It is located on property with the permission of the owner; and
  2. any new permanent market meets the front setback requirements specified in Section 6-2. A temporary market shall be at least 30 feet from the right-of-way; and
  3. in addition to the above conditions, the requirements of Section 2-10.04 shall apply to Historic Districts.
8b.
Market, Farmers' [Amended 3-25-2008; 9-22-2009]
A structure, either permanent or temporary, operated on a seasonal or year-round basis, that allows one or more agricultural producers to retail their products and agriculture-related items directly to consumers.
C
C
  1. It shall be restricted to selling farm-produced and/or value-added products only; and
  2. it shall be located on property with the permission of the owner; and
  3. any new permanent market shall meet the front setback requirements specified in Section 6-2.
8c.
Market, Flea [Amended 9-22-2009]
An occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public for a fee or other compensation paid to a for-profit entity. There may exist long-term or short-term leases between the sellers and operators and the sellers may use their own vehicles for display or set up temporary tables or booths for their wares or stalls or other means of display may be provided.
P
P
8d.
Market, Watermen's [Amended 9-22-2009; 9-21-2010]
A site with or without permanent structures, operated on a seasonal or year-round basis that sells seafood. May operate in conjunction with a Farmers' Market, Farm Stand, and/or an Artisans' and Crafters' Market.
C
C
C
C
C
C
C
  1. The following conditions apply in the FFD, RCD, RD, APD and HD Districts:
    1. The market is restricted to selling fresh (not packaged) seafood supplied by watermen possessing a Maryland Commercial Fishing License only; and
    2. the market shall be subject to Health Department requirements; and
    3. the market is located on a farm with the permission of the owner and in association with an approved Farm Stand (see Use #7e); and
    4. only seasonal markets shall be permitted and shall be set back 30 feet from the right-of-way; and
    5. adequate off-street parking shall be provided so that there is no parking on the right-of-way; and
    6. in the HD District, the requirements of Section 2-10.04 shall apply to Historic Districts.
  2. The following conditions apply in the RC and MC Districts and the Town Centers, where specified:
    1. new permanent markets shall be permitted in the TC, RC, and MC Districts only and shall meet the front setback requirements specified in Section 6-2; and
    2. parking shall be provided in accordance with Table 6-2.
9.
Mobile Food Sales [Amended 9-22-2009; 7-12-2013]
Mobile Food Sales - The selling of food from a mobile food-vending unit that is temporarily parked or located on a private parcel of property. This Use does not apply to food sales from units parked at events including, without limitation, fairs, carnivals, festivals, etc.
Mobile Food Vending Unit - Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground from which food is sold.
C
C
C
C
  1. The mobile food-vending unit shall be located on property with the permission of the owner; and
  2. while on site, the mobile food vending unit may be located within designated parking spaces where it can be demonstrated that the parking requirements for the site will be met, or will not interfere with regular commerce, pedestrian or traffic flow; and
  3. the mobile food vending units and all related accessories (tables, chairs, signs, etc.) must be removed from the site between 10 p.m. to 6 a.m., unless the unit and property on which it is located are under the same ownership; and
  4. if units will remain on site and will not be removed daily, they are subject to the appropriate use and conditions within the Land Use Charts and a plot plan shall be required; and
  5. the mobile food vending unit and all related accessories are limited to occupying a space not to exceed 400 sf; and
  6. sign permits are required for any signs not attached to the unit; and
  7. Health Department approval is obtained.
10a.
Retail Commercial Building [Amended 9-22-2009; 6-12-2013]
A building that houses a commercial retail establishment that either stands alone or is connected to other buildings by a common wall having no entrances or exits. A commercial retail building may include more than one retail establishment and/or service.
C
C
C
Condition in the RC District:
The gross square footage of all buildings combined, regardless of use, shall not exceed a floor area ratio (FAR) of 0.2 up to a maximum of 60,000 sf.
Condition in the MC District:
The retail commercial use shall be marine-related.
Conditions in the EC District:
  1. The commercial retail use shall serve primarily the other businesses on site; and
  2. the commercial retail use shall not be adjacent to an arterial or collector road; and
  3. the total commercial retail use shall consist of no more than 1,000 square feet per lot or parcel of record as of August 10, 2004.
10b.
Retail Commercial Building with Drive-up Facility
[Amended 9-22-2009]
A commercial retail building that includes a structure or part of a structure designed to accommodate patrons' motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business.
11.
Retail Commercial Sale or Display Area, Outdoor [Amended 9-22-2009; 7-12-2013]
The use of space exterior to the walls of a retail commercial building for the sale and/or display of products. This definition does not include outdoor storage.
C
C
  1. An outdoor retail commercial sale or display area shall only be permitted as an accessory use to an approved retail commercial building and shall not exceed 25 percent of the size of the associated retail commercial building; and
  2. site plan approval shall be obtained; and
  3. the sale or display area shall not be located within designated parking areas unless it can be demonstrated that the parking requirements will be met. Note: Parking shall be provided for the outdoor sales area in addition to the retail commercial building; and
  4. the sale or display area shall not be located within designated travelways.
  5. Fencing and/or screening may be required; and
  6. In the MC District, the use shall be marine-related.
12.
Seasonal Retail Sales or Display Area, Outdoor [Amended 7-12-2013]
The use of space outside of a retail commercial building for the sale and/or display of temporary seasonal retail items (e.g., fireworks stands, Christmas tree sales, etc.). This definition does not include outdoor storage for the retail commercial business.
C
C
  1. The temporary retail sales are limited to a maximum of 90 days per site (total for all events) per calendar year; and
  2. plot plan approval shall be required for approval and shall illustrate that setback requirements are met; and
  3. the sale or display area shall not be located within designated travelways.
3-1.05. BUSINESS & PERSONAL SERVICE USES & DEFINITIONS
USE #
3-1.05 BUSINESS & PERSONAL SERVICE USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Boat Service and/or Repair
A facility designed for the maintenance of watercraft and watercraft-related accessories including engines, hulls, masts, trailers, and sails.
P
P
2.
Boat Storage, Commercial
A facility designed for the keeping of watercraft and associated trailers.
C
C
C
C
P
P
The Commercial Boat Storage shall be in a barn that was in existence as of the effective date of this condition.
[Amended 5-1-2006]
3.
Boatel
A combination of a motel and marina which is accessible to boats as well as automobiles and may include boat sales and servicing facilities, has overnight accommodation for transients and may have eating and drinking facilities.
P
4.
Commercial Kitchen (not associated with an Eating Establishment) [Amended 1-11-2012]
A food preparation facility not associated with an eating establishment used for the preparation of foods for sale for human consumption off-site.
C
C
C
  1. No retail sales shall be permitted; and
  2. no on-site consumption of the food prepared in the Commercial Kitchen shall be permitted; and
  3. Health Department approval shall be obtained.
5.
Commercial Pier
A pier used for commercial purposes such as chartering fishing boats, selling gas, etc.
P
6.
Commercial Trade or Business School
A building or land where instruction is given to pupils in professional trades or business and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation. Includes schools for general licensure such as drivers, cosmetology, real estate, commercial driver, and other licenses.
P
C
P
In the Marine Commercial District, the school must provide instruction primarily in a marine-related trade or business.
7.
Corporate Headquarters
An office or complex of offices serving as the primary head office of a commercial or industrial corporation.
C
C
P
In the I-1 District:
The corporate office shall consist of at least 5,000 square feet of net office space.
In the MC District:
The business shall be marine-related.
8.
Crematorium
A building or portion of a building that houses the necessary equipment and facilities for the cremation of human or animal remains.
P
C
The crematorium shall be accessory to a funeral home.
9.
Drive-Up Facility, Accessory [Amended 9-22-2009]
A structure which is designed to accommodate patrons' motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business.
10a.
Eating Establishment with No Outdoor Patron Area [Amended 9-22-2009]
A public eating place that serves food for consumption at tables or counters located entirely within a structure on the premises, or by carry-out or delivery. This term shall include, but not be limited to, an establishment known as a cafeteria, delicatessen, cafe, smorgasbord, diner or similar business where the sale of alcohol constitutes less than 50 percent of the total sales.
SC
P
P
C
  1. In the EC District, the eating establishment shall be either a cafeteria for the business, serving primarily the employees on site, or a part of a business park and the eating establishment shall not be adjacent to an arterial or collector road.
  2. In the HD District, the requirements of Section 2-10.04 shall apply to Historic Districts.
10b.
Eating Establishment with Outdoor Patron Area [Amended 9-22-2009; 10-13-2010]
A public eating place that serves food for consumption at tables or counters located on the premises (either indoors or outdoors), or in parking spaces intended for consumption of food in motor vehicles parked in those spaces, or by carry-out or delivery. This term shall include, but not be limited to, an establishment known as a cafeteria, delicatessen, cafe, smorgasbord, diner or similar business where the sale of alcohol constitutes less than 50 percent of the total sales.
SC
P
P
C
  1. In the EC District, the eating establishment shall be either a cafeteria for the business, serving primarily the employees on site, or a part of a business park and the eating establishment shall not be adjacent to an arterial or collector road.
  2. In the HD District, the requirements of Section 2-10.04 shall apply to Historic Districts.
11.
Entertainment Business, Adult
Enterprises that provide activities characterized by live, closed circuit, or reproduced material, including print, audio, and audiovisual media, that has an emphasis on nudity and/or sexual activity and/or sexual stimulation. Adult entertainment businesses include but are not limited to the following types of establishments: adult bookstores, adult theaters, adult arcades, adult cabarets, gentlemen's clubs or shows, strip clubs or shows, burlesque clubs or shows, adult paraphernalia shops, and other establishments which feature a combination of activities or merchandise described above which collectively make up a substantial or significant portion of the establishment's activities or merchandise. The term adult entertainment business also includes other uses similar to the uses listed above, presenting material for patrons to view (live, closed circuit or reproductions using all types of media), and/or purchase or rent, a substantial portion of which is characterized by an emphasis on nudity and/or sexual activity and/or sexual stimulation; and limiting entrance to patrons who are over 18 years of age.
12.
Flex Space Business [Amended 3-25-2008]
A commercial enterprise consisting of a combination of uses by a single company in an individual or multitenant building. Uses may include a mix of office, retail, showroom, assembly, warehouse, laboratory or light manufacturing.
C
C
C
  1. Retail uses shall occupy no more than 15 percent of the net flex space business.
  2. In the I-1 District, office uses shall occupy no more than 50 percent of the net flex space business.
  3. In the MC District, all flex space businesses shall be marine-related.
  4. In the EC District, no outside storage, including vehicles, is permitted.
13.
Funeral Home
An establishment, licensed by the State, that prepares human remains for burial, coordinates the cremation of remains, and arranges, manages, and/or conducts funeral services and memorial services. A funeral home may also sell burial goods as accessory to the primary use. A funeral home may include a chapel or other facility in which funerals are conducted. This definition does not include crematoriums or cemeteries.
P
Home Occupation
Any activity carried out for gain by a resident as an accessory use in the resident's dwelling unit. This definition does not apply to business activities conducted on farms, as permitted by this Zoning Ordinance.
14a1.
Home Occupation - Class I [Amended 9-22-2009; 9-21-2010; 3-30-2012; 12-7-2016]
C
C
C
C
C
C
C
C
C
  1. Employees shall only be permanent residents of the dwelling in which the home occupation is located, and
  2. No on-site appointments, customers, or clients are permitted; and
  3. The occupation shall be conducted entirely within the dwelling or an enclosed accessory structure; and
  4. No outside storage of equipment, materials or items to be repaired shall be permitted; and
  5. No article or commodity shall be offered for sale or publicly displayed on the premises except those incidental to the services offered; and
  6. Required State and County Licenses and Permits shall be obtained; and
  7. The space occupied by all the occupations on a single site shall not exceed 600 square feet including storage. Exception: The use of a tobacco barn for a home occupation is permitted, regardless of size, with the conditions that (a) the barn shall have been in existence as of the effective date of this condition (05/01/06); and (b) the barn shall be constructed of wood; and
  8. Non-medical and medical offices, office support services, home studios, indoor commercial kennels, commercial kitchens, non-farm breweries, non-farm distilleries, non-farm wineries and personal service uses are permitted as home occupations. Other uses that are listed separately in the Land Use Charts shall not be permitted as home occupations (e.g., Automobile Repair, Commercial Studios, Commercial Performing Arts Studios, etc.).
14a2.
Home Occupation - Class II [Amended 3-30-2012; 12-7-2016]
SC
SC
SC
SC
SC
C
C
C
C
  1. Employees shall only be permanent residents of the dwelling in which the home occupation is located; and
  2. On-site appointments of customers and/or clients are permitted; and
  3. MUST MEET CONDITIONS 3 - 8 OF USE #14a1. - CLASS I HOME OCCUPATION; and
  4. The requirements of Section 2-10.04 shall apply to Historic Districts.
14b.
Home Occupation - Class III [Amended 9-22-2009; 3-30-2012; 12-7-2016]
SC
SC
SC
SC
SC
C
C
C
C
  1. Permitted to employ up to 2 equivalent full-time employees in addition to employees that are permanent residents of the dwelling in which the home occupation is located; and
  2. On-site appointments of customers and/or clients are permitted; and
  3. MUST MEET CONDITIONS 3 - 4 OF USE #14a2 - CLASS II HOME OCCUPATION.
15a.
Laundry, Industrial [Amended 9-22-2009]
An establishment providing washing, drying or dry cleaning of uniforms, linens, etc., for businesses.
P
P
15b.
Laundry/Laundromat [Amended 9-22-2009]
A place where patrons wash, dry or dry-clean clothing or other fabrics in machines operated by the patron.
P
P
16.
Motel or Hotel [Amended 9-22-2009]
Motel: A building or group of buildings containing guest rooms which are provided for transient occupancy only, including auto courts, motor lodges and tourist homes.
Hotel: A facility which offers transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities.
P
17a.
Nightclub, Lounge [Amended 9-22-2009]
An establishment, either open to the public or operated as a private club, which is distinguished from a Tavern or Bar by the provision of areas for entertainment and/or dancing, and which may or may not include the sale of alcohol, food or other beverages.
S
S
17b.
Nightclub or Lounge with Outdoor Patron Area [Amended 9-22-2009]
Nightclub, Lounge (See Definition, Above) Patron Area: An indoor or outdoor area of an eating establishment or similar use including but not limited to a tavern, nightclub, lounge, or bar designated for use by customers and/or the general public for eating, drinking, congregating, and/or waiting for service.
S
18a.
Non-Farm Brewery [Added 12-7-2016]
An establishment for the manufacture of malt liquors, such as beer and ale, using grains such as oats, hops, wheat and barley.
C
C
C
C
  1. The brewery shall be designed and managed to brew no more than 15,000 barrels of beer per year; and
  2. Sampling and the sale for on- and off-site consumption of the brewery's products shall be permitted in accordance with State and County alcohol laws and regulations; and
  3. The brewery shall be operated in accordance with all local, state, and federal laws; and
  4. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  5. A Special Exception is required if the use does not meet Condition 4 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the sufficiency of the access for vehicle types and projected trips per day and impose appropriate construction and maintenance standards.
18b.
Non-Farm Distillery [Added 12-7-2016]
A facility designed for the distillation of grains, fruits, or other agricultural products produced into alcoholic beverages.
C
C
C
C
  1. The distillery shall be capable of producing no more than 500 liters (132 gallons); and
  2. Sampling and the sale for on- and off-site consumption of the distillery's products shall be permitted in accordance with State and County alcohol laws and regulations; and
  3. The distillery shall be operated in accordance with all local, state, and federal laws; and
  4. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  5. A Special Exception is required if the use does not meet Condition 4 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the sufficiency of the access for vehicle types and projected trips per day and impose appropriate construction and maintenance standards.
18c.
Non-Farm Winery [Added 12-7-2016]
An establishment for fermenting and bottling wine on the premises where the owner manufactures wine and/or pomace brandy from fresh fruits or other agricultural products.
C
C
C
C
  1. Sampling and the sale for on- and off-site consumption of the winery's products shall be permitted in accordance with State and County alcohol laws and regulations; and
  2. The winery shall be operated in accordance with all local, state, and federal laws; and
  3. If the use does not have direct access to a public road, the business owner(s) or owner(s) of the property where the use is located shall have sole ownership of the right-of-way.
  4. A Special Exception is required if the use does not meet Condition 3 above, and the Board of Appeals shall consider adding the following condition:
    1. The Department of Public Works shall review and approve the sufficiency of the access for vehicle types and projected trips per day and impose appropriate construction and maintenance standards.
19a.
Office, Medical or Clinic [Amended 9-22-2009]
An establishment used by members of licensed health care and medical professions to provide diagnosis and treatment to the general public without overnight accommodation and with accessory uses such as reception areas, administrative offices, consultation rooms, x-ray and minor operating rooms and a dispensary, providing that all such uses have access only from the interior of the building or structure. Examples of such professions include dentists, chiropractors, osteopaths, physicians, and occupational therapists. This definition does not include personal services, such as licensed massage therapists.
SC
C
P
  1. The gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06).
  2. The requirements of Section 2-10.04 shall apply to Historic Districts.
19b.
Office, Non-medical [Amended 9-22-2009]
An establishment for professional, executive and administrative offices, including those of accountants, lawyers, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated, but not including medical professions, barbers, beauty parlors, cosmetologists, or other personal service establishments.
SC
C
C
P
  1. The gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06).
  2. In the MC District, the non-medical office shall be marine-related.
  3. The requirements of Section 2-10.04 shall apply to Historic Districts.
20.
Office Support Services, including printing, copying, faxing, internetworking, etc. [Amended 9-22-2009; 12-7-2016]
Businesses that are complimentary to the conduct of business, trades, and professions and provide support such as photo/photocopying, printing, postal/delivery, travel/tourism, and telecom and computer/internet support services.
C
C
P
  1. Individual office support businesses shall be limited to no more than 2,000 square feet; and
  2. The gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06).
Personal Services
Premises in which services with respect to the grooming of persons are conducted, including those of licensed massage therapists, cosmetologists, estheticians, nail technicians and make-up artistry.
21a.
Personal Services, Less than 5,000 square feet [Amended 9-22-2009; 12-7-2016]
C
C
  1. Individual personal service businesses shall be limited to no more than 5,000 square feet; and
  2. The gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06).
21b.
Personal Services, More than 5,000 square feet [Amended 9-22-2009]
22a.
Tavern, Bar [Amended 9-22-2009]
An establishment, either open to the public or operated as a private club, where more than 50 percent of the total sales are from the sale of alcohol, and which may or may not include the sale of food or other beverages, but which does not include areas for entertainment and/or dancing.
S
S
22b.
Tavern or Bar with Outdoor Patron Area [Amended 9-22-2009]
Tavern or Bar (See Definition, Above)
Patron Area: An indoor or outdoor area of an eating establishment or similar use including but not limited to a tavern, nightclub, lounge, or bar designated for use by customers and/or the general public for eating, drinking, congregating, and/or waiting for service.
S
A3-1.06. RECREATION USES & DEFINITIONS
USE #
3-1.06 RECREATION USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Campground and/or Recreational Vehicle Camp, Non-Farm [Amended 9-22-2009]
A lot, parcel or tract of land, together with the open space and sanitary facilities used or designed to accommodate two or more recreational vehicles, tents, or similar temporary accommodations, including all buildings, structures and appurtenances used or intended as part of such recreational vehicle camp, whether or not a charge is made for use of the camp and/or its facilities. (Automobile or manufactured home sales lots, on which unoccupied vehicles are parked for inspection and sale, are not included in this definition.)
SC
SC
  1. See the conditions specified in Section 6-9.
  2. In the Farm & Forest District, the campground shall be located on a collector or arterial road; and
  3. the use shall not be permitted on a lot or open space within a subdivision.
Carnival, Fair or Circus, Temporary:
A traveling or short-term enterprise which entertains the public by the provision of performances such as feats of skill or daring by humans or animals, and/or amusement rides, exhibitions, or games, and/or food and beverage stands. Amusement ride means a mechanical device that carries passengers along, under, around, through or over a fixed course, or within a limited area, for the amusement of the passengers, and includes but is not limited to a merry-go-round or ferris wheel.
2a.
Carnival, Fair or Circus, Temporary, on Less than 5 Acres [Amended 9-22-2009]
SC
SC
SC
SC
SC
SC
SC
SAME CONDITIONS AS IMPOSED FOR MORE THAN 5 ACRES.
2b.
Carnival, Fair or Circus, Temporary, on More than 5 Acres [Amended 9-22-2009]
C
C
C
C
When sponsored by a non-profit organization, provided that the following conditions are met:
  1. The parcel is used as such for no more than 14 days a year; and
  2. a County permit for the event is obtained before the event begins. The permit is to include approvals by the Health Department, Inspections & Permits Division, and the Public Safety Department.
  3. A carnival, fair or circus located on property where there exists a building occupied by a non-profit organization will be considered an accessory use. However, operators of the carnival, fair or circus must obtain a permit from the County before the event begins.
3.
Commercial or Non-Profit Meeting Hall, Banquet Hall [Amended 9-22-2009]
Any structure maintained, in whole or in part, for public rental for the purpose of private party events, whether family, group, or corporate in nature, where access by the general public is restricted, and with or without the sale, serving or consumption of alcoholic beverages and food.
S
S
P
4.
Convention Center [Amended 9-22-2009]
A facility in a completely enclosed building used for corporate, trade and professional meetings, training seminars, trade shows and/or exhibition of products and technology and that may include supporting dining, lodging and recreational facilities as accessory uses.
P
5.
Drive-in Theatre [Amended 9-22-2009]
An open lot with its appurtenant facilities devoted primarily to showing motion pictures on a paid admission basis to patrons seated in automobiles.
S
6.
Golf Course [Amended 8-8-2006; 9-22-2009]
A facility designed for the playing of the game of golf, including accessory uses such as a driving range or miniature golf course.
S
P
P
P
P
7.
Marina [Amended 9-22-2009]
A facility for storing servicing, fueling, berthing and securing boats.
P
8a.
Recreation Facility, Indoor Commercial [Amended 9-22-2009; 8-27-2014 by Ord. No. 35-14; 11-30-2015 by Ord. No. 41-15]
An entirely enclosed building or facility which offers commercial indoor sports activities including but not limited to tennis, batting cages, bowling, skating, racquetball, arcade games, volleyball, basketball, indoor soccer, martial arts, miniature golf, paint ball, laser tag, gymnastics, play gallery or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices.
C
C
C
  1. In the RC and EC, the total square footage of the indoor recreation facility shall be limited to no more than 25,000 square feet; and
  2. Conditions in the I-1 District:
    1. site plan approval shall be obtained per Section 4-2.01; and
    2. a drop-off area, to accommodate at least 3 vehicles, shall be provided; and
    3. a designated indoor waiting area a minimum of 100 s.f., shall be provided for facilities greater than 1000 s.f.; and
  3. The Board of Appeals may grant a variance to conditions 2b and 2c above in addition to items listed in Section 11-1.01.A.1 of this Ordinance.
8b.
Recreation Facility, Indoor Commercial: Bingo Hall [Amended 9-22-2009]
Premises used for the purposes of playing a game of chance in which players place markers on a pattern of numbered cards according to numbers drawn, announced or displayed either electronically or by a caller, in which money and/or prizes are wagered. This definition does not include player-operated video lottery terminals or slot machines.
8c.
Recreation Facility, Indoor Commercial: Fitness Center [Amended 9-22-2009; 11-30-2015 by Ord. No. 41-15]
An establishment offering or providing facilities in controlled exercise, weight lifting, calisthenics, aerobics, and general physical fitness.
C
C
C
  1. In the RC and EC, the total gross square footage of the fitness center shall be limited to no more than 25,000 square feet; and
  2. Conditions in the I-1 District:
    1. site plan approval shall be obtained per Section 4-2.01; and
    2. a drop off-area, to accommodate at least 3 vehicles, shall be provided; and
    3. a designated indoor waiting area, a minimum of 100 s.f., shall be provided for facilities greater than 1000 s.f.; and
  3. The Board of Appeals may grant a variance to conditions 2b and 2c above in addition to items listed in Section 11-1.01.A.1 of this Ordinance.
8d.
Recreation Facility, Indoor Commercial: Studio [Amended 9-22-2009]
Premises used principally for the production of arts and craft products using paint, clay, fabric, metal or other medium and may include accessory sales, display and exhibition of arts and craft products.
C
C
C
  1. The studio shall be used as a place of work by artists, for instructional purposes, and other related activities only; and
  2. retail sales shall be limited to items associated with the primary use only (e.g., art supplies, uniforms, costumes).
8e.
Recreation Facility, Indoor Commercial: Studio, Performing Arts [Amended 9-22-2009; 11-30-2015 by Ord. No. 41-15]
A facility, catering to more than three students at a time, that contains specialized equipment and other support services for the study and training of performing arts, including but not limited to dance, voice, theatre or music, and may include accessory sales, displays and exhibits
C
C
C
  1. In the RC and EC, the total square footage of the performing arts studio shall be limited to no more than 25,000 square feet; and
  2. Conditions in the I-1 District:
    1. site plan approval shall be obtained per Section 4-2.01; and
    2. a drop-off area, to accommodate at least 3 vehicles, shall be provided; and
    3. a designated indoor waiting area, a minimum of 100 s.f., shall be provided for facilities greater than 1000 s.f.; and
The Board of Appeals may grant a variance to conditions 2b and 2c above addition to items listed in Section 11-1.01.A.1 of this Ordinance.
9.
Recreation Facility, Outdoor Commercial [Amended 9-22-2009]
An area or structure that offers commercial entertainment or recreation where any portion of the activity takes place outside. This includes but is not limited to a golf driving range, batting cages, riding arenas and corrals, racquet sports, miniature golf, paint ball, archery range, or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices. This definition does not include motorized vehicle sports such as go-cart tracks, dirt bike trails and allterrain vehicle trails.
C
S
Sufficient buffering and screening shall be imposed, especially when the subject property is located adjacent to a residential area. A minimum 50-foot wide buffer shall be maintained between the outdoor recreation facility and all adjoining commercially-used property. A minimum 100- foot wide buffer shall be maintained between the outdoor recreation facility and all adjoining residentially-used property and roads.
10.
Retreat, Day [Amended 9-22-2009]
A facility designed with the specific intent of facilitating spiritual and or educational enrichment needs and that may include supporting dining, and recreational facilities as accessory uses.
C
C
C
C
P
The lot size shall be a minimum of 20 acres.
11a.
Target Range, Indoor [Amended 9-22-2009]
A building that is used for the purpose of organized shooting events or practice using rifles, shotguns, pistols, etc.
C
C
C
  1. The use shall maintain a 200 foot setback from any residence;
  2. A site development plan shall be submitted to and approved by the Planning Commission, which, at a minimum, incorporates nationally accepted standards for target range construction;
  3. A site development plan shall be submitted to and approved by the Planning Commission, which, at a minimum, incorporates nationally accepted standards for target range construction. Prior to Planning Commission action, all adjoining property owners shall be notified of the proposed development by first class mail at least thirty (30) days in advance of the meeting and shall be provided the opportunity to comment on placement of the facility.
11b.
Target Range, Outdoor [Amended 9-22-2009; 6-17-2014 by Ord. No. 24-14]
A permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment, but does not permit the use of air guns or paintball guns.
SC
SC
  1. The use shall be located at least 1,000 feet from any existing property boundary; and
  2. a site development plan shall be submitted to and approved by the Planning Commission, which, at a minimum, incorporates nationally accepted standards for target range construction.
11c.
Target Range, Institutional [Added 6-17-2014 by Ord. No. 24-14]
A target range which may be either indoor or outdoor unless located in a Town Center where the use may only be permitted indoors for the purpose of training law enforcement or military forces such as National Guard.
C
C
C
C
C
  1. An Institutional Target Range that allows the discharge of a firearm only within an enclosed structure or building shall be located at least 200 feet from any residence;
  2. An Institutional Target Range that allows the outdoor discharge of a firearm shall be located at least 500 feet from any property boundary;
  3. A site development plan shall be submitted to and approved by the Planning Commission, which, at a minimum, incorporates nationally accepted standards for target range construction. Prior to Planning Commission action, all adjoining property owners shall be notified of the proposed development by first class mail at least thirty (30) days in advance of the meeting and shall be provided the opportunity to comment on placement of the facility;
  4. Institutional Target Ranges located in Town Centers shall meet the Target Ranges, Indoor conditions. There shall be no Institutional Target Ranges that allows the outdoor discharge of firearms located in a Town Center;
  5. All Institutional Target Ranges that allow the outdoor discharge of firearms shall be located at least 0.25 mile from schools, hospitals and nursing homes.
3-1.07. COMMERCIAL WHOLESALE USES & DEFINITIONS
USE #
3-1.07 COMMERCIAL WHOLESALE USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Mini-Storage
A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
P
P
Warehouse
A structure used for the storage and/or distribution of products
2a.
Warehouse, Indoor [Amended 9-22-2009]
P
P
2b.
Warehouse, Outdoor [Amended 9-22-2009]
C
C
Provided that high screening is provided in accordance with Article 6.
3.
Wholesale Lumber and/or Other Building Materials less than 25,000 square feet [Amended 9-22-2009]
A business primarily engaged in sales to contractors of bulk or large building materials including, but not limited to, lumber, drywall, windows, doors, trusses, roofing, insulation, and masonry materials.
C
C
Provided that all buildings combined do not exceed 25,000 square feet per lot or parcel of record as of August 10, 2004.
4.
Wholesaling, Indoor Only [Amended 9-22-2009]
Those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. Wholesale or warehouse membership clubs are considered to be a commercial retail use.
P
C
Provided that all buildings combined do not exceed 25,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06).
3-1.08. MOTOR VEHICLE & RELATED SERVICE USES & DEFINITIONS
USE #
3-1.08 MOTOR VEHICLE & RELATED SERVICE USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1a.
Automobile Filling Station [Amended 9-22-2009]
A building or lot having pumps and storage tanks at which automotive fuels, oils, and/or accessories are dispensed, sold or offered for sale at retail.
1b.
Automobile Filling Station with Convenience Store and/or Eating Establishment [Amended 9-22-2009]
A building or lot having pumps and storage tanks at which automotive fuels, oils, and/or accessories are dispensed, sold or offered for sale at retail. An Automobile Filling Station that includes a building that is used for retail sales of packaged or prepared food, beverages, lottery tickets, tobacco products, and limited stock of groceries or similar products for the traveling public or neighborhood residents. May include automotive fuel dispensing services and an eating establishment without a drive-through facility.
2.
Automobile Parking Lot/Garage as a Principal Use [Amended 9-22-2009]
A public or private area other than a street or public right-of-way, used for the temporary storage (parking) of operable passenger automobiles and commercial vehicles, and available either for compensation, or free.
C
C
C
  1. The parking or storage of automobiles which have been dismantled, wrecked, or junked shall not be permitted; and
  2. the sale of automobiles shall not be permitted.
3.
Automobile Parts Dismantling and/or Storage [Amended 9-22-2009]
Any premises used for the dismantling or wrecking of motor vehicles and trailers including premises used in the storing, keeping, buying, selling, or dealing in dismantled wrecked, inoperative or disabled vehicles or integral parts of component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers, or parts thereof. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop while waiting for repair.
P
4.
Automobile Repair/Service Shop without fuel sales [Amended 9-22-2009]
Any building or lot used for automobile repair and/or bodywork facilities and which may have automobile servicing, but not the sale of fuels.
C
SC
  1. No fuel pump, oil draining pit, or other visible appliance for servicing automobiles shall be located within 100 feet of the front lot line; and
  2. no structure or building shall be erected within 150 feet of any dwelling or 100 feet from any arterial road. Neither setback may be reduced.
  3. No more than 10 inoperative vehicles and/or junk cars are allowed, except those which are 100 percent screened from adjoining properties and rights-of-way. An area for the storage of junk cars shall be so designated, separate from customer parking.
  4. Junk vehicles shall be removed after 30 days.
5.
Bus Lot or Garage [Amended 9-22-2009]
Location where more than one commuter, school or charter bus is parked or garaged.
C
High screening shall be provided in accordance with Article 6.
6.
Car Wash [Amended 9-22-2009]
Mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets, as an accessory use to an automobile filling station and/or service shop. May include self-service facilities.
C
SC
  1. No new car washes shall be permitted within Rural Commercial property which adjoins or has access to an arterial road; and
  2. car washes shall be designed to provide sufficient stacking room so that vehicles are not forced to use adjacent roadways as waiting areas; and
  3. in the I-1 Districts, the car wash shall be accessory to the light industrial uses on site.
7.
Commuter Parking Lot [Amended 8-28-2007; 3-25-2008; 9-22-2009]
An area for the temporary storage (parking) of operable passenger automobiles that is designated for use by persons commuting to and from their place of employment and may be used for commuter bus connections and/or ridesharing or carpooling. Includes park and ride lots.
C
C
C
C
C
  1. The parking or storage of automobiles which have been dismantled, wrecked, or junked shall not be permitted; and
  2. the sale of automobiles shall not be permitted.
8a.
Inoperative Motor Vehicle, 1 per lot [Amended 9-22-2009]
A motor vehicle that cannot move along a road under its own power.
P
P
P
P
P
P
P
P
P
8b.
Inoperative Motor Vehicles, 2 per lot [Amended 9-22-2009]
P
P
P
P
P
P
9.
Motor Vehicle Accessory Shop [Amended 9-22-2009; 5-4-2012]
A retail establishment that specializes in the sale and/or installation of automotive accessories including but not limited to audio systems, alarm systems, windshields, and other items that do not involve exterior body modification that requires major painting or other body work, or the sale and/or service of tires.
C
C
  1. All automotive accessories shall be installed indoors.
  2. In the I-1 District only, no retail sales shall be permitted except items that are installed on-site and items accessory to those that are installed in or on vehicles.
10.
Motor Vehicle Dealership - New or Used [Amended 9-22-2009; 6-12-2019 by Ord. No. 17-19]
The use of any building, land area or other premise for the sale of new or used, motor vehicles, watercraft, all-terrain or recreational vehicles and/or their display for sale. The use of any single property to sell or offer for sale three or more motor vehicles during any 12-month period is considered a Motor Vehicle Dealership.
C
In the 1-1 District, sales are restricted to watercraft, all-terrain and recreational vehicles only.
11.
Other Motor Vehicle Related Uses including: Bus depot, taxi service, vehicle rental or leasing [Amended 9-22-2009]
Premises used for storing vehicles used for moving people, goods or materials or any combination of these, and which may include ancillary dispatching, maintenance, service and fuelling areas for these vehicles.
SC
C
Parking shall be provided for customers in addition to the parking areas for buses, taxis, or other vehicles that are offered for rent or lease.
12.
Park-and-Sell Lot [Amended 9-22-2009]
An outdoor or indoor space where owners of motor vehicles or watercraft display their motor vehicles and/or watercraft for sale or trade.
13.
Parking of Commercial Motor Vehicles [Amended 8-7-2007; 9-22-2009]
The parking on a regular basis of motor vehicles that are commercially licensed and/or with business identification signs or lettering, including magnetic signs. This definition does not include the periodic parking of commercial motor vehicles on property for the purpose of conducting business on that property (e.g., service calls).
C
C
C
C
C
C
C
C
C
C
  1. Only commercial vehicles that are the residents' primary means of transportation to and from their place of work are permitted to be parked at residences.
  2. In the I-1, RC, MC, and EC Districts, parking of commercial vehicles shall be accessory to the on-site business.
14.
Storage of Motor Vehicles [Amended 9-22-2009; 5-4-2012]
(1)A parking area for the impounding or storage, usually temporary, of abandoned or unauthorized motor vehicles. (2) An area within a residential subdivision or development designated for the storage of operable motor vehicles such as automobiles, recreational vehicles, and boats.
C
C
C
  1. In the I-1 District, high screening shall be provided in accordance with Article 6.
  2. In subdivisions or developments in the RCD and RD Districts, the area used to store vehicles shall be shown on the recorded plat and shall be used by residents of the subdivision only; and
  3. Screening may be required by the Planning Commission or its designee.
15.
Truck, Bus and Diesel Service and Repair Shop [Amended 9-22-2009]
An establishment that repairs heavy equipment such as trucks, construction equipment, diesel engines and similar heavy equipment. Typical uses include truck and bus repair garages, excavation implement service, diesel engine repair, and shops related to the machining of related parts, but specifically excluding the dismantling or salvaging of vehicles.
P
C
This use is restricted to marine engines in the Marine Commercial District.
16.
Truck Terminal [Amended 9-22-2009]
A facility where truck transport goods are transferred or stored pending transfer, and which may include truck dispatching, parking and servicing and temporary (not more than 24 hours) accommodation for truck drivers.
S
17.
Vehicle Ferry Service [Amended 9-22-2009]
The point-to-point transport of passenger and commercial vehicles aboard a waterborne vessel. May be either a public or private service.
S
3-1.09. INDUSTRIAL USES & DEFINITIONS
USE #
3-1.09 INDUSTRIAL USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
Agricultural/Seafood/Livestock Processing Plant
A facility used for the handling, unloading, storing, shucking, freezing, preparing, changing into different market forms, manufacturing, preserving, packing or labeling of agricultural commodities or fish, shellfish and related products.
SC
C
C
C
C
  1. In the MC District, the processing is restricted to seafood only.
  2. Such use shall be located on a lot not less than five acres in size, and shall be at least 200 feet from any residence; and
  3. all structures shall have a minimum setback of 100 feet from side, front and rear lot lines; and
  4. adequate measures are taken for the abatement of offensive and obnoxious odors, dust, smoke, noise, vibration, or similar nuisances; and
  5. design, construction, and operation of the facility meets requirements of appropriate State and Federal regulatory agencies; and
  6. retail sales of processed food are not permitted in the I-1 District and are permitted only as an accessory use in the RC and MC Districts; and
  7. Approval from the Agricultural Preservation Advisory Board shall be required for properties located in Agricultural Preservation Districts.
2.
Asphalt Plant
An establishment in which a homogeneous product commonly referred to as asphalt, and intended mainly for the coating of roads, is manufactured from bituminous asphalt and other aggregate material.
3.
Commercial Fuel Storage Business
A facility designed for bulk fuel storage for resale. Fuels include but are not limited to liquid natural gas, propane, fuel oils, alcohol fuels, gasoline, and diesel. The sale and/or rental of tanks may be an accessory use
P
S
4.
Commercial Recycling Facility
An establishment that accepts, stores and processes reusable materials from commercial operations including, but not limited to, glass, plastics and synthetic materials, paper products (such as newspapers, stationery, scrap paper, computer paper and corrugated cardboard), rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood and building materials, and tree wastes, but not including yard waste or mixed municipal solid waste. Processing includes, but is not limited to, bailing, briquetting, crushing, compacting, grinding, shredding, sawing, shearing and sorting of recyclable materials and the heat reduction of such materials but does not include incineration for any purpose.
C
  1. The Commercial Recycling Facility shall be constructed and operated in accordance with the Solid Waste Chapter of the County Code, as amended from time to time; and
  2. no incinerator shall be permitted; and
  3. no outdoor processing shall be permitted.
Distillation of Alcohol as a Fuel
The fermentation and other refinement of grains and/or other biomass for the production of liquid fuel. Does not include the capture/reclamation of methane from agricultural and/or commercial operations.
5a.
Distillation of Alcohol as a Fuel, Commercial [Amended 9-22-2009]
5b.
Distillation of Alcohol as a Fuel On a Farm for Farm Use Only [Amended 9-22-2009]
C
C
C
C
C
The production shall be limited to 50 gallons a day.
6.
Grain Elevator [Amended 9-22-2009]
A storehouse for threshed grain or animal feed for wholesale or retail sale.
P
C
  1. All processing structures shall be at least 100 feet from all side, front and rear lot lines; and
  2. adequate measures shall be taken for the abatement of dust, noise or similar nuisances.
7.
Kiln, Wood-Drying [Amended 9-22-2009]
A chamber or tunnel used for drying and conditioning lumber, veneer, and other wood products in which the temperature and relative humidity of the circulated air can be varied and controlled.
SC
SC
C
SC
C
  1. A wood-drying kiln shall be permitted only as an accessory use to a commercial sawmill.
  2. In addition to the above condition, the requirements of Section 2-10.04 shall apply to Historic Districts.
8a.
Landfill, Land-Clearing Debris [Amended 9-22-2009]
Sanitary Landfills which accept only land-clearing debris. Types of waste permitted are limited to those associated with land-clearing operations, including earthen material such as clay, sand, gravel, and silt, topsoil, tree stumps, root mats, brush and limbs, logs, vegetation, and rock.
SC
SC
SC
C
C
C
  1. All materials shall be physically inert or biodegradable and occurring naturally such as stumps, brush and logs.; and
  2. if in an individual recorded section in a major subdivision, all dumping must cease after 75 percent of the lots in that section have been developed; and
  3. all County, State and Federal permits shall be obtained; and
  4. on land that is designated as an Agricultural Preservation District, only debris originating onsite shall be permitted.
8b.
Landfill, Rubble [Amended 9-22-2009]
Sanitary Landfills which accept only rubble. Types of waste permitted are limited to those materials accepted at Land-Clearing Landfills, along with demolition debris associated with the razing of buildings, roads, bridges and other structures including structural steel, concrete, bricks, lumber, plaster and plasterboard, sheet rock, insulation material, cement, shingles and roofing materials, floor and wall tile, asphalt, pipes and wires, and other items physically attached to the structure, including appliances if they have been or will be compacted to their smallest practical volume.
SC
  1. The area shall be located at least 500 feet from any adjacent property line of a property owned by a party other than the applicant (unless such adjacent property owner gives written consent) and 200 feet from any street, highway, or road right-of-way; and
  2. all County, State and Federal permits shall be obtained; and
  3. the use shall be 100 percent screened from adjoining properties and roads.
8c.
Landfill, Sanitary [Amended 9-22-2009]
An area used for the disposal of solid waste, operated and maintained in accordance with solid waste disposal regulations of the County and State.
C
The area shall be located at least 500 feet from any adjacent property line of a property owned by a party other than the applicant (unless such adjacent property owner gives written consent) and 200 feet from any road right-of-way.
9a.
Manufacturing and/or Assembly, Heavy [Amended 9-22-2009]
Establishments involved in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials and that are generally not compatible with residential uses. Includes but is not limited to foundries, fossil fuel refineries and similar heavy industrial uses.
Manufacturing and/or Assembly, Light
The production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products which by the nature of the materials, equipment and process utilized is to a considerable measure clean, quiet, and free of any objectionable or hazardous element.
9b.
Manufacturing and/or Assembly, Light, Less than 5,000 square feet total per parcel of record as of the effective date of this Ordinance [Amended 5-1-2006; 9-22-2009]
SC
SC
SC
C
SC
P
SC
P
  1. The minimum lot size shall be five acres; and
  2. when an existing barn is used, the lot size may be reduced by the Board of Appeals; and
  3. no retail sales shall be permitted; and
  4. In addition to the above conditions, the requirements of Section 2-10.04 shall apply to Historic Districts.
9c.
Manufacturing and/or Assembly, Light, More than 5,000 square feet [Amended 9-22-2009]
P
P
9d.
Manufacturing and/or Assembly, Marine-Related [Amended 9-22-2009]
A facility designed for the construction of waterborne vessels and ancillary items for commercial purposes.
C
P
The sale of watercraft manufactured on-site shall be permitted only as an accessory use to the principal use.
10.
Outdoor Storage in Connection with Commercial and/or Industrial Uses [Amended 9-22-2009]
The storage of materials accessory to a commercial and/or industrial use. Does not include machinery and equipment.
P
P
P
P
11a.
Power Generating Facility, Accessory to a Residence or Business [Amended 9-22-2009; 10-13-2010]
A facility designed and constructed on the same property with an individual residence, business, or public building for the purpose of generating power for use in that residence, business or public building. Types of power generating facilities include but are not limited to petroleum, methane, ethanol, thermal, solar and hydroelectric. This definition does not include Wind Energy Systems. See Use # 17 and Section 3-3 of this Ordinance for regulations.
C
C
C
C
C
C
C
C
C
The generator shall be installed within the Building Restriction Lines required for the primary structure.
11b.
Power Generating Facility, Commercial [Amended 9-22-2009; 10-13-2010; 8-5-2013]
A generator that uses one or more sources and/or products for the production of power for sale. Types of power generating facilities include but are not limited to petroleum, methane, ethanol, thermal, solar, nuclear and hydroelectric.
SC
SC
SC
S
S
  1. In the FFD, RCD, WL and EC Commercial Power Generating Facilities shall be limited to the production of electricity from wind, solar, and/or hydro-electric fuel sources only.
Research & Development Facility
A facility containing operations engaged in scientific research and investigation, the development of prototype products for test and evaluation, and/or the assembly or manufacture of prototype products.
12a.
Research & Development Facility, Environmental [Amended 9-22-2009]
C
C
C
No retail sales shall be permitted.
12b.
Research & Development Facility, Other [Amended 9-22-2009]
C
C
C
No retail sales shall be permitted.
13.
Salvage and/or Junk Yard [Amended 9-22-2009]
Any land, building, or vehicle used for the abandonment, sale, storage, collection, or baling of paper, scrap metal, other scrap or discarded materials, or for the abandonment of automobiles or other vehicles or for the abandonment of machinery, or parts thereof.
S
14a.
Sand, Gravel or Mineral Extraction and Processing [Amended 9-22-2009]
The operations necessary to excavate, stockpile, or remove materials such as sand, gravel, aggregate, rock or other mineral resources. Includes the cleaning, mixing, sorting, washing, and other processing of this material including cement mixing. Does not include the manufacture of asphalt (see definition of asphalt plant). The retail, wholesale, contract purchase, or transfer of mineral products is within the scope of this definition. For purposes of this title, the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) does not constitute a mining site/operation, if: processing of the material does not occur on the property; on-site stockpiles are fully depleted; and, a mining permit is not required.
SC
  1. Such use shall be located at least 200 feet from any residence other than the residence of the property owner; and
  2. all extractions are back-filled or regraded according to the Maryland Department of Natural Resources standards; and
  3. no operation is conducted in a manner that would impede the flow of any stream or pollute its waters; and
  4. other conditions may be specified by the Board of Appeals.
14b.
Sand, Gravel or Mineral Extraction (No Processing) [Amended 9-22-2009]
The operations necessary to excavate, stockpile, or remove materials such as sand, gravel, aggregate, rock or other mineral resources. The retail, wholesale, contract purchase, or transfer of mineral products is within the scope of this definition. For purposes of this title, the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g., residential subdivision, commercial development, etc.) does not constitute a mining site/operation, if: processing of the material does not occur on the property; does not occur over an extended period of time, and on-site stockpiles are fully depleted; and, a mining permit is not required.
SC
SC
SC
C
SC
SC
SC
  1. Such use shall be located at least 200 feet from any residence other than the residence of the property owner; and
  2. all extractions shall be back-filled or regraded according to the Maryland Department of Natural Resources standards; and
  3. no operation shall be conducted in a manner that would impede the flow of any stream or pollute its waters; and
  4. if the property is designated as an Agricultural Preservation District, the Sand, Gravel or Mineral Extraction Operation shall be restricted to five percent of the Agricultural Preservation District.
  5. other conditions may be specified by the Board of Appeals,
  6. The following provisions apply only in the Critical Area:
  7. No important natural resources such as threatened and endangered species, areas of scientific value, or rare assemblages of species occur as discussed in Section 8-2 of this Ordinance; and
  8. no highly erodible soils exist; and
  9. the use of renewable resource lands would not result in the substantial loss of long-range (that is, 25 years or more) productivity of forest and agriculture, or would result in a degrading of water quality or a loss of vital habitat; or
  10. the lands are not within 100 feet of the Mean High Water Line of tidal waters or the edge of tributary streams; and
  11. to the fullest extent possible, existing sand and gravel operations shall conduct their extraction activities so as to provide, at a minimum, a 100-foot buffer of natural vegetation between the operation and the Mean High Water Line of tidal waters or the edges of tributary streams, and tidal wetlands, which is further inland; and
  12. all new surface mines must be reclaimed after the cessation of a sand and gravel operation.
15a.
Sawmill, Commercial [Amended 9-22-2009]
An indoor or outdoor facility where timber or logs are sawn into lumber or boards.
SC
SC
C
SC
C
  1. All buildings and outdoor facilities shall be at least 500' from any residence on an adjoining property; and
  2. Such use shall be at least 100 feet from any road maintained by the County or State; and
  3. the gross square footage of all buildings combined, regardless of use, shall not exceed 5,000 square feet; and
  4. adequate measures shall be taken for the abatement of obnoxious or offensive odor, dust, smoke, noise, vibration, or similar nuisance, and measures for protection against fire shall be employed; and
  5. in addition to the above conditions, the requirements of Section 2-10.04 shall apply to Historic Districts.
15b.
Sawmill, Portable [Amended 9-22-2009]
A small, self-contained sawmill that is moved to the site where the timber is to be sawn and then moved on to another location. This use does not include those permitted under "Forest Product Processing".
P
P
P
P
P
P
P
P
P
16.
Storage of Machinery & Equipment in Connection With Excavating and/or Contracting Business [Amended 9-22-2009]
Implements commonly used in association with site preparation and/or building construction including, but not limited to, bulldozers, front-end loaders, backhoes, tank trucks and/or trailers, trenchers, tar boilers, cement mixers, dump-bed trucks and/or trailers, graders, street sweepers, snowplow blades, flat-bed trucks and/or trailers, large riding mowers, and paving equipment. Implements may be self-propelled, trailered, towed, dragged, pushed, or pulled. Does not include hand tools or walk-behind equipment such as small mowers or tillers.
C
C
The machinery and/or equipment stored shall be screened from adjoining properties and the road.
3-1.10. INSTITUTIONAL USES & DEFINITIONS
USE #
3-1.10 INSTITUTIONAL USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1.
College or University [Amended 5-22-2013]
An institutional facility for tertiary or higher levels of education. Includes buildings, structures, or facilities that by design and construction are primarily intended for the education of students including accessory associated uses, including, without limitation, dormitories, office buildings, athletic fields, etc.
C
P
A College or University is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section 2-8.10.B.
2.
Continuing Care Retirement Community
A community developed and operated pursuant to a Certificate of Registration issued by the Maryland State Department of Aging under Title 10, Subtitle 4 of the Human Services Article, Maryland Annotated Code, for the purpose of providing “continuing care,” as that term is defined in Maryland Annotated Code, Human Services Article, Section 10-401 et seq. as amended from time to time.
3.
Day Care Center
An establishment enrolling four or more clients and where tuition, fees, or other forms of compensation for the care of the clients may be charged, and which is licensed.
3a.
Day Care Center, 8 Clients or Less [Amended 10-20-2011; 3-30-2012]
C
C
C
C
C
C
C
C
C
  1. On-premise signs shall be limited to 16 square feet in size. No off-premise signs shall be permitted; and
  2. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  3. A Special Exception is required if the use does not have direct access on a publicly-owned and maintained right-of-way.
3b.
Day Care Center, 9 to 19 Clients [Amended 9-22-2009; 10-20-2011; 3-30-2012; 4-16-2012]
C
C
SC
C
C
C
C
C
C
  1. On-premise signs shall be limited to 16 square feet in size. No off-premise signs shall be permitted; and
  2. The use shall have direct road access on to a publicly-owned and maintained right-of-way, or
  3. A Special Exception is required if the use does not have direct access on a publicly-owned and maintained right-of-way.
  4. in the I-1 and EC Districts only, the following additional condition shall apply: the Day Care Center shall not be open to the public, but shall only provide care to children of employees of businesses located:
    1. on-site; or
    2. other businesses located within the same I-l or EC zoning district boundary as the Day Care Center; or
    3. other businesses located within I-1 or EC Districts which adjoin the I-1 or EC zoning district within which the Day Care Center is located.
The Day Care Center shall maintain records demonstrating compliance with this condition.
3c.
Day Care Center, 20 to 40 Clients [Amended 9-22-2009; 10-20-2011; 4-16-2012]
SC
SC
SC
C
C
C
C
  1. The Day Care Center shall receive site plan approval in accordance with Article 4 and 6; and
  2. on-premise signs shall be limited to 16 square feet in size. No off-premise signs shall be permitted; and
  3. in the I-1 and EC Districts only, the following additional condition shall apply: the Day Care Center shall not be open to the public, but shall only provide care to children of employees of businesses located:
    1. on-site; or
    2. other businesses located within the same I-1 or EC zoning district boundary as the Day Care Center; or
    3. other businesses located within I-1 or EC Districts which adjoin the I-1 or EC zoning district within which the Day Care Center is located.
The Day Care Center shall maintain records demonstrating compliance with this condition.
3d.
Day Care Center, 41 or More Clients [Amended 9-22-2009; 10-20-2011; 4-16-2012]
SC
SC
SC
SC
SC
  1. In all Districts, the Day Care Center shall receive site plan approval in accordance with Article 4 and 6; and
  2. In all Districts, on-premise signs shall be limited to 16 square feet in size. No off-premise signs shall be permitted; and
  3. In the Farm and Forest District, the following additional conditions apply:
    1. the property on which the Day Care Center is located must share a common boundary with and lie directly adjacent to an elementary or middle school; and
    2. a pedestrian walkway to that school shall be provided; and
    3. the number of clients shall be limited to no more than 80.
  4. In the Rural Community District and Residential District, the number of clients shall be limited to no more than 120.
  5. In the Rural Commercial District, the maximum number of clients shall be set by the Board of Appeals.
  6. In the EC District, the following additional conditions shall apply:
    1. the maximum number of clients shall be set by the Board of Appeals; and
    2. the Day Care Center shall not be open to the public, but shall only provide care to children of employees of businesses located on-site and other businesses located within adjoining EC Districts only.
The Day Care Center shall maintain records demonstrating compliance with this condition.
4.
Elementary or Secondary School [Amended 9-22-2009; 10-20-2011; 5-22-2013; 8-5-2013]
An educational facility that typically includes prekindergarten through twelfth grades. Includes buildings, structures, or facilities that by design and construction are primarily intended for the education of students including accessory associated uses, including, without limitation, dormitories, office buildings, athletic fields, etc.
C
P
C
C
  1. In the RD & EC, private schools, shall meet the conditions imposed on Day Care Centers, based on the maximum number of students allowed as per the State accreditation requirements.
  2. Elementary and secondary schools shall be permitted within the FFD upon lots and parcels that have been operated as schools since before May 1, 2006 and upon adjoining lots and parcels under common ownership to be used for a common purpose.
5.
Fire and/or Rescue Service [Amended 9-22-2009]
An institutional facility that functions as a dispatch for fire and/or rescue services and which houses related equipment and/or personnel.
P
P
P
P
P
P
6.
Hospital [Amended 9-22-2009]
An institution providing primary health services, medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities and training facilities.
7.
Library [Amended 9-22-2009]
A facility intended primarily for the repository of books and other similar items for public appreciation and information.
SC
SC
P
P
  1. A Library is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section 2-10.02.C.
  2. The requirements of Section 2-10.04 shall apply to Historic Districts.
8.
Museum [Amended 9-22-2009]
A facility intended primarily for the exhibit and/or repository and/or research of books, artworks, artifacts, archives and other similar items for public appreciation and information. Accessory sales and services may be permitted.
S
S
SC
SC
P
P
  1. A Museum is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section 2-10.02.C; and
  2. the requirements of Section 2-10.04 shall apply to Historic Districts.
9.
Nursing or Convalescent Home [Amended 9-22-2009]
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
C
P
A Nursing or Convalescent Home is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section 2-10.02.C.
10.
Place of Worship, Parish Hall, Convent, Monastery or Rectory
A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory associated uses.
10a.
Place of Worship, Parish Hall, Convent, Monastery or Rectory, with seating capacity of all sanctuaries combined less than or equal to 1,500 [Amended 4-22-2008; 6-6-2018 by Ord. No. 25-18]
SC
P
P
P
P
  1. A Place of Worship, Parish Hall, Convent, Monastery or Rectory, as defined by this Section, existed on the property prior to the adoption of this Ordinance (May 1, 2006); and
  2. There has been no lapse in use of the pre-existing Place of Worship, Parish Hall, Convent, Monastery or Rectory since May 1, 2006; and
  3. If the expansion is to exceed that which is permitted by Section 2-6.01.A (non-conforming uses), the expansion shall be restricted to a maximum seating capacity of 400; and
  4. The expansion shall be restricted to the parcel as it existed at the time of adoption of this Ordinance (no additional Farm and Forest District land may be used to accommodate the expansion).
  5. In the FFD, this use may be permitted as an accessory to a Cemetery or Memorial Garden which received site plan approval and existed on the property prior to the adoption of this Ordinance (May 1, 2006).
10b.
Place of Worship, Parish Hall, Convent, Monastery or Rectory, with seating capacity of all sanctuaries combined greater than 1,500 [Amended 9-22-2009]
SC
SC
SC
SC
The property shall be located within the one-mile radius of a Town Center as described in Section 2-10.02.C.
11.
Public or Governmental Building [Amended 9-22-2009]
A building that is constructed, owned, or leased by a local, state, or federal government.
P
P
P
P
P
P
12.
Public or Non-Profit Park and/or Recreation Area Including: Tennis Courts, Swimming Pools, Athletic Fields, etc. [Amended 8-7-2007; 9-22-2009]
An area used primarily for recreational activities and owned by a government, institution, or non-profit organization.
SC
C
C
C
  1. In the WL District, no buildings shall be constructed.
  2. In all other Districts, only buildings that are accessory to the primary use such as restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, accessory offices and meeting space, etc. shall be permitted.
13.
Public Utility Lines & Accessory Structures [Amended 8-7-2007; 9-22-2009]
Underground gas mains and pipes and under-ground and overhead electrical and communications wires, cables, pipes, conduits, and their supporting poles, towers or repeaters, boosters, anodes, regulating and measuring devices, and the minor buildings or structures in which they may be housed, including but not limited to substations for transforming, boosting, switching or pumping purposes, where such facilities are constructed on the ground. This definition does not include other uses defined separately by this Ordinance (e.g., Commercial Power Generating Facility, Communications Tower, etc.)
P
P
P
P
P
P
P
P
P
P
14
Solid Waste Collection Site [Amended 9-22-2009]
C
C
C
C
It shall be constructed and maintained in accordance with the Comprehensive Solid Waste Management Plan.
15.
Temporary Structure Incidental to Schools (classroom relocatables) [Amended 9-22-2009]
A structure containing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school, not constructed with a permanent foundation and which shall not remain permanently on the site.
P
P
P
P
P
P
P
16a.
Treatment Facility, Wastewater [Amended 9-22-2009]
C
C
C
C
C
C
C
It shall be constructed and maintained in accordance with the Comprehensive Water & Sewerage Plan.
16b.
Treatment Facility, Water Supply [Amended 9-22-2009]
C
C
C
C
C
C
C
It shall be constructed and maintained in accordance with the Comprehensive Water & Sewerage Plan.
3-1.11. UNCLASSIFIED USES & DEFINITIONS
USE #
3-1.11 UNCLASSIFIED USES & DEFINITIONS (in italics)
FFD
RCD
RD
WL
APD
HD
I-1
RC
MC
EC
CONDITIONS
1a.
Accessory Building, Structure, or Use on the same property with the Principal Use [Amended 3-25-2008; 4-16-2012]
A building, structure, or use on the same lot with, and of a nature customarily incidental to, a principal building, structure, or use.
C
C
C
C
C
C
C
C
C
  1. A use may be deemed an accessory use on community open space if it is for the use of the residents of the community only and is not open to the public.
  2. If a property contains more than one Zoning District, all accessory buildings, structures, and uses shall be located within the same Zoning District as the principal use to which they are accessory; and
  3. the accessory building, structure, or use shall meet the setback requirements specified in Table 5-5 for residential uses and Table 6-1 for non-residential uses.
1b.
Accessory Building, Structure, or Use on a property adjoining the Principal Use [Amended 3-25-2008; 4-16-2012]
A building, structure, or use of a nature customarily incidental to, a principal building, structure, or use that is located on an adjoining property.
C
C
C
C
C
C
C
C
C
  1. A use may be deemed an accessory use on community open space if it is for the use of the residents of the community only and is not open to the public.
  2. If a property contains more than one Zoning District, all accessory buildings, structures, and uses shall be located within the same Zoning District as the principal use to which they are accessory.
  3. The accessory building, structure, or use may be located on a property adjoining the principal building, structure, or use if the following conditions are met:
    1. the properties shall share a common boundary line for a minimum of 20 feet; and
    2. the properties shall be under the same ownership; and
    3. the accessory building, structure, or use shall meet the setback requirements for a principal use (see Table 5-2 and 5-4 for residential setbacks and Table 6-1 for non-residential setbacks).
2.
Airport or Landing Field
Any location that is used for the landing or taking off of aircraft and which may or may not have facilities for the shelter, supply or care of aircraft.
SC
SC
S
  1. Runways and approach and take-off areas are located not less than 1,000 feet from any public or private institution; and
  2. runways are not less than one-half mile from any adjoining district boundary; and
  3. runways are designed to minimize the approach or take-off area over residential districts; and
  4. runways are not less than 200 feet from any adjoining property line. This setback may not be reduced.
3.
Cemetery or Memorial Garden
A place used for the permanent interment of dead human or animal bodies or the cremated remains thereof. It may be a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of two or more.
P
P
P
C
C
P
The Cemetery or Memorial Garden shall be for the private use of the property owners.
4.
Communications Towers & Antennas (Government, Commercial & Private) [Amended 9-22-2009]
Various Definitions. See Article 12.
See Section 3-3 of the Zoning Ordinance
5.
Dock, Pier, Private [Amended 9-22-2009]
Any marine structure, fixed or floating, generally referred to as a pier, dock or wharf, including pilings, and other such facilities, used for storage of watercraft owned by and registered to the owner and/or tenant of the property from which the facility extends.
C
C
C
C
C
C
C
No part of the pier or slips shall be covered or enclosed.
6.
Garage Sale, Yard Sale or Estate Sale [Amended 9-22-2009]
All general sales, open to the public, conducted from or on a residential premise in any District for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "estate," "porch," "room," "backyard," "patio," or "rummage" sale. This definition shall not include flea markets.
C
C
C
C
C
C
C
  1. Articles for sale shall consist of personal possessions of the seller; and
  2. such a sale shall not be held in the same location more than once every six months.
7.
Heliport [Amended 9-22-2009]
A permanent facility designed to accommodate the operation and routine servicing and maintenance of helicopters.
S
S
S
S
S
S
S
S
8.
Model Home [Amended 9-22-2009]
A residential unit used by builders, realtors, etc., as an example of other units available for sale or rent.
C
C
  1. The model home shall be closed after 90 percent of the lots or units are sold or rented; and
  2. the Model Home shall be used for the sale or rental of units within the development in which it is located only.
  3. Model homes in existence as of the effective date of this condition (05/01/06) shall be given 18 months to close if, at that time, 90 percent of the lots or units have been sold or rented.
9a.
Pets, Dangerous or Wild Animals [Amended 9-22-2009]
Dangerous or Wild Animals - Animals that, by their very nature, are wild and potentially dangerous and, as such, do not adjust well to a captive environment, including but not limited to those considered by the State of Maryland to be wild or dangerous, such as: (i) fox, skunk, raccoon, or bear; (ii) Alligator or crocodile; (iii) Member of the cat family other than the domestic cat; or (iv) Any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies. (iv) Any poisonous snakes specifically in the family groups of Hydrophidae, Elapidae, Viperidae, or Crotolidae. Furthermore, reptiles greater than 6 feet in length shall be considered dangerous.
9b.
Pets, Household [Amended 9-22-2009]
Any companion animals that have been bred and raised to live in or about the habitation of humans and may be permitted in the house, such as dogs, cats, pot-bellied pigs, rabbits, ferrets, domestic rodents, birds, fish, non-venomous reptiles and amphibians.
P
P
P
P
P
P
P
P
P
9c.
Pets, Livestock (Kept on Non-Farm Properties) [Amended 9-22-2009; 8-5-2013]
Livestock such as horses, cows, sheep, swine, goats, llamas, alpacas, or poultry that are kept on a non-farm property as pets rather than for their productive value.
C
C
C
C
C
C
C
C
C
  1. The size of the parcel shall be at least three acres; and
  2. provisions for sanitation shall meet the requirements of the County Health Department.
  3. If the size of the parcel is less than three acres, a special exception from the Board of Appeals is required.
10a.
Recreational Vehicle, Temporary, at Construction Site (for watchman) [Amended 9-22-2009]
Recreational Vehicle: A portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
C
C
C
C
C
C
C
  1. The recreational vehicle shall be removed when the construction is finished; and
  2. only one recreational vehicle is permitted.
10b.
Recreational Vehicle, Unoccupied
SEE DEFINITION ABOVE.
C
C
C
C
C
  1. The recreational vehicle shall be stored in the side or rear lot area at least five feet from any property line; and
  2. no water or waste lines shall be attached.
11.
Structure for the Keeping of Animals (on non-farm properties) [Amended 9-22-2009]
An accessory building or structure designed and used to contain animals. Such structures include, but are not limited to, dog houses or pens, rabbit pens, or aviaries. This definition does not apply to structures for the keeping of animals on farms (see Farm Buildings, Animal).
C
C
C
C
C
C
C
C
C
  1. The structure shall be setback a minimum of 25' from the side and rear property lines; and
  2. The structure shall meet the front setbacks required for the principal dwelling, in accordance with Article 5.
12a.
Temporary Structure Incidental to Construction (non-residential) [Amended 9-22-2009]
A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
C
C
C
C
C
C
C
The structure shall be removed when the construction is finished.
12b.
Temporary Structure Incidental to Sales or Rentals in New Residential or Commercial Developments (sales trailers) [Amended 9-22-2009]
A structure with an impermanent foundation used by a construction contractor, realtor, or other development professional as an office during construction of a subdivision or development.
C
C
C
C
C
C
  1. The temporary structure shall be removed after 90 percent of the lots or units are sold or rented; and
  2. the temporary structure shall be used for the sale or rental of units within the development in which it is located only.
  3. In the I-1, RC, MC, and EC Districts, the temporary structure shall be used in conjunction with the sale or rental of commercial or industrial developments only (no residential developments).