The general regulations of this subsection apply to all accessory
uses and structures unless otherwise expressly stated.
A.
Accessory uses and structures are permitted in connection with lawfully
established principal uses.
B.
The Code Enforcement Officer is authorized to determine when a use
or structure meets the criteria of an accessory use or accessory structure.
(1)
In order to classify a use or structure as "accessory" the Code Enforcement
Officer must determine that the use or structure:
(a)
Is subordinate and clearly incidental to the principal structure
or principal use served in terms of area and function;
(b)
Provides a necessary function for or contributes to the comfort,
safety or convenience of occupants of the principal use or structure;
and
(c)
Is customarily found in association with the subject principal
use or principal structure.
(2)
The following activities, so long as they satisfy the general criteria
set forth above, are specifically regarded as accessory to residential
principal uses:
(a)
Offices or studios within an enclosed building and used by an
occupant of a residence located on the same lot as such building to
carry on administrative or artistic activities, so long as such activities
do not fall within the definition of a home occupation.
(b)
Hobbies or recreational activities of a noncommercial nature.
(c)
Yard sales or garage sales, so long as such sales are not conducted
on the same lot for more than three days (whether consecutive or not)
during any ninety-day period.
C.
Time of construction and establishment.
(1)
Accessory uses and structures may be established in conjunction with
or after the principal building. They may not be established before
the principal use or structure is in place.
D.
Accessory uses and structures must be located on the same lot as
the principal use or structure to which they are accessory.
E.
Accessory uses and structures are subject to the same regulations
and standards that apply to principal uses and structures on the subject
lot, unless otherwise expressly stated. Accessory use and structures
attached to the principal building by a breezeway, passageway or similar
means are subject to the building setback regulations that apply to
the principal use or structure.
F.
Residential accessory use and structures. The following additional
regulations apply to buildings that are accessory to (principal) residential
uses (See Figure 45-1: Accessory structures in R-1 and R-2 Districts):
(1)
Accessory uses and structures are prohibited in front or street setbacks.
(2)
No more than three detached accessory uses or structures are allowed
on any lot.
(3)
The aggregate footprint or coverage of all accessory uses or structures
on a lot may not exceed 1,000 square feet or the gross floor area
of the principal building, whichever is less.
(4)
Residential accessory uses or structures in the R-1 and R-2 Districts
are subject to minimum side and rear setbacks of five feet.
(5)
Residential accessory uses and structures may not occupy more than
40% of the rear or side yard area.
(6)
Residential accessory structures may not exceed the height of the
principal structure or two stories, whichever is less.
 Figure 45-1: Accessory structures in R-1 and R-2 Districts
|
G.
Accessory structures and uses shall be permitted in the R-1 and R-2
Districts as follows:
(1)
Accessory utility buildings.
(2)
Private garage.
(3)
The keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business. (See § 163-64 for use standards.)
(5)
Private swimming pools and game courts, lighted or unlighted, for
use of occupants and their guests.
(6)
Accessory off-street parking, open or enclosed space, for one commercial
vehicle of not more than 15,000 pounds gross vehicle weight and used
by the occupant of a dwelling.
(7)
Storage of recreational vehicles, detached caps, boats, and boat
trailers not part of an approved commercial use subject to the following
limitations:
(a)
No more than one recreational vehicle may be stored on a lot.
No more than two boats or other waterborne craft and/or boat trailers
may be stored or constructed on a lot.
(b)
The vehicle or boat shall not be used for living quarters nor
shall any business be conducted therefrom.
(c)
These vehicles may not be stored in front or street yards. They
may be stored in rear or side yards provided that they are at least
three feet from the property line and in the case of side yard storage,
provided that they are at least three feet from the property line
and are situated at least 10 feet to the rear of a lateral projection
of the front foundation of the building. Such vehicle may be stored
in any completely enclosed garage.
(d)
Such vehicle may be stored on a specially marked parking area
of a multifamily rental or condominium unit for residents only. Such
areas must be screened from adjacent off-site uses as required by
the Code Enforcement Officer.
(e)
A recreational vehicle may be parked on any portion of a residential
or nonresidential property for a period not more than 24 hours during
loading or unloading only.
(f)
The Board of Appeals may allow storage or construction of additional
recreational vehicles, boats or other waterborne craft and/or boat
trailers on a lot as a special exception.
H.
Accessory structures and uses permitted in the C-1, C-2, I-1 and
I-P Districts shall not be located in the front/street setbacks.
A.
Agriculture, crop production and the usual agriculture building offices
and dwellings is permitted in the R-1, R-2 and I-P districts subject
to the following conditions:
[Amended 1-22-2019 by Ord. No. 2019-03]
(1)
The
land area is at least 10 acres in R-1 and R-2 and one acre in I-P.
(2)
Buildings
and structures for storage and processing of products grown on the
site shall be located at least 200 feet from any dwelling, school,
church or institution for human care not located on the premises in
R-1 and R-2.
(3)
Buildings
and structures for storage and processing of products grown on the
site shall be located at least 50 feet from any dwelling, school,
church or institution for human care not located on the premises in
I-P.
B.
Farms and farm offices, boardinghouses for domesticated household
pets or veterinary clinics located on a farm shall be permitted in
the R-1 District provided that the location of any building for the
housing and care of animals shall be not less than 200 feet from any
adjacent property or road line.
Antique shops may be permitted by the Board of Appeals as a
special exception in the R-1 District, provided that no article or
commodity shall be placed on display or offered for sale on the outside
of any building.
Assisted living facilities may be permitted as a special exception
by the Board of Appeals in the R-1 and R-2 Districts and shall be
permitted in the C-1 and C-2 Districts subject to the following conditions:
A.
The development must be subject to management or other legal restrictions
that require at least 80% of the units in the project to be occupied
by households of persons aged 62 or over.
B.
One or more of the following ancillary, occasional services may be
included to serve the residents and possibly nonresident elderly persons:
C.
The project shall be designed to provide a transition near the periphery
of the site, either with open space areas and landscaping, or by designing
the structures near the periphery to be harmonious in density and
type with the surrounding neighborhood.
D.
Open space areas, recreational facilities, and other accessory facilities
shall be developed in each phase of development to meet the needs
of the residents. The developer shall provide a schedule for the installation
of facilities at the time the project is submitted.
Automobile filling and service stations and automobile repair
and service shops may be permitted as a special exception by the Board
of Appeals in the C-1 District and shall be permitted in the C-2 District,
provided that:
A.
They shall be located on a lot abutting on a highway.
B.
The entrance or exit of such establishments shall be at least 50
feet from any lot zoned residential.
C.
No fuel pump, oil drainage pit or other visible appliance for such
purpose shall be located within 15 feet of the front lot line.
D.
No structure or building shall be erected within 30 feet of any dwelling.
A bed-and-breakfast may be permitted by the Board of Appeals
as a special exception in the R-1, R-2 and C-1 Districts and shall
be permitted in the C-2 District subject to the following conditions:
A.
The bed-and-breakfast may be established in a one-family detached
dwelling.
B.
Guest rooms shall be contained within the principal structure.
C.
The rented rooms do not contain cooking facilities and do not constitute
separate dwelling units.
D.
There shall be no more than one person employed by the bed-and-breakfast
(e.g., as an innkeeper or proprietor) who is not a resident of the
dwelling.
E.
Dining and other facilities shall not be open to the public, but
shall be used exclusively by the residents and registered guests.
F.
No additional exterior entrances shall be added to the structure
solely for the purpose of serving guest rooms.
G.
Only the breakfast meal may be prepared for the guests by the proprietor
and no other meals are provided by the proprietor.
H.
No guest may rent a room in a bed-and-breakfast for more than 30
consecutive days.
A.
Existing boarding, rooming and lodging houses.
(1)
A boarding, rooming or lodging house which existed and was in use prior to (date of adoption of these amendments) shall be permitted to continue, provided a rental license is obtained within one year of the date of adoption of this chapter. Boarding, rooming or lodging houses that fail to obtain a rental license as prescribed herein shall be treated as illegal uses subject to the penalty provisions of § 163-16.
(2)
A boarding, rooming or lodging house that has been discontinued or
abandoned for six consecutive months shall cease use as a boarding,
rooming or lodging house.
(3)
Upon a determination by the Code Enforcement Officer that the use
has been discontinued or abandoned for six consecutive months, the
Boarding, rooming or lodging house uses may resume only if in compliance
with below.
B.
The Board of Appeals may permit boarding, rooming, or lodging houses
in the R-1, R-2 and C-1 Districts provided:
(1)
Meals may or may not be provided, but only one common kitchen facility
shall exist and no meals shall be provided by the establishment to
members of the general public not lodged in the establishment.
(2)
Lodging, rooming or boarding houses shall not include hotels, motels,
inns, sorority, fraternity and cooperative residences, dormitories,
or convalescent homes, nursing homes, rest homes, or group residences
licensed or regulated by agencies of the state.
(3)
Lodging or boarding houses shall abide by all applicable state and
local laws and regulations governing lodging houses, boarding houses,
or rooming houses, including, but not limited to, the following:
Bowling alleys, skating rinks, dance halls and other similar recreational establishments may be permitted by the Board of Appeals as a special exception in the C-1 District and shall be permitted in the C-2 District provided the operator of any dance hall, bowling alley or poolroom first obtained a license therefor from the President and Commissioners in the manner provided in Chapter 46.
A.
Standalone cemeteries including accessory uses such as mausoleums
and crematories may be permitted by the Board of Appeals as a special
exception in the R-1 and R-2 Districts provided:
Child-care centers may be permitted by the Board of Appeals
as a special exception in the R-1, R-2 and C-1 Districts and are permitted
in the C-2 District subject to the following conditions:
A.
Continuous compliance with all applicable requirements of county,
state and/or federal regulations.
B.
The applicant shall provide a minimum of 100 square feet of usable
outdoor recreation area for each child that may use this space at
any one time. Such usable outdoor recreation area shall be identified
on the site plan and shall be sufficiently buffered from adjacent
residential area. Usable outdoor recreation areas shall be limited
to the side and rear yard of the property. Recreational areas shall
not include the required front yard of the property or any off-street
parking areas.
C.
All such uses shall be located so as to permit the safe pickup and
delivery of all people on this site.
D.
Such use shall not constitute a nuisance because of traffic, insufficient
parking, number of individuals being cared for, noise, or type of
physical activity.
E.
The area of the property shall contain no less than 1,000 square
feet per client being cared for.
F.
The Board may prescribe specific conditions determined necessary
to minimize effects of use on neighboring properties given identification
of concerns specific to a particular, site including hours of operation.
G.
The requirements of these sections shall not apply to child or elderly
day-care facilities or centers that are operated by a nonprofit organization
in buildings, structures, or on premises owned or leased by a religious
organization and which premises are regularly used as a place of worship
or are located on premises owned or leased by a religious organization
adjacent to premises regularly used as a place of worship, or are
used for private parochial educational purposes that are exempted
under the provisions of this section for private educational institutions
or are located in publicly owned school buildings.
A.
Circus, carnival or similar transient enterprises when sponsored
by an organization qualified under § 247 of Article 27 of
the Annotated Code of Maryland shall be permitted in the R-1, R-2
and C-2 Districts provided that such use shall not exceed 10 days
and does not include any permanent structures.
B.
Special uses, including circus, carnival or similar transient enterprises,
may be permitted by the Board of Appeals as a special exception in
any district for a limited time, provided such activities are conducted
on a lot of no less than three acres, and no structure or use of land
shall be less than 100 feet from any adjacent lot on which a dwelling
is located.
Colleges and schools, public or private and institutions of
higher shall be permitted in the R-1, R-2, C-1 and C-2 Districts provided
the facility has a curriculum accredited by the State of Maryland.
A.
Limited retail. For any manufacturing plant or warehouse permitted
in the I-P District, retail sales may be provided, provided that:
(1)
The products sold are manufactured on the site, sold as parts or
accessories to products manufactured on the site or stored or distributed
on the site;
(2)
Not more than 30% of the floor space of the first floor of the main
structure may be devoted to the retail sales of articles made, stored
or distributed on the premises; and
(3)
Any service facilities are limited to the repair and/or service of
products manufactured, stored or distributed by the owner or lessee
of the site.
B.
Accessory uses. The following shall be permitted in the I-P District
as accessory uses:
(1)
Any use normally and customarily incidental to any use permitted
as a matter of right in this district.
(2)
Satellite dish antennas and radio communication antennas and towers,
subject to the following:
(a)
No satellite dish antenna may be larger than 10 feet in diameter.
(b)
No antenna shall exceed the maximum height restriction imposed
upon uses in the zone.
(c)
All applications must comply with the provisions of the Town
Building Code. All installations greater than six feet in height shall
require a building permit.
(d)
If the satellite is ground-mounted and adjoins any residentially
zoned property, the satellite shall be screened either by landscaping
or fencing in a manner satisfactory to the Code Enforcement Officer.
(e)
In the event that the structure is roof-mounted, the antenna
may not exceed 10 feet above the maximum height of the building as
permitted in this chapter.
(f)
All building permits for satellite dish or radio antennas shall
include certification satisfactory to the Town that the proposed installation
complies with the Town's Building Code requirement.
(g)
The location of all ground-mounted satellite or radio antennas
shall conform to the setback requirements established in this chapter.
C.
Development in the I-P Industrial Park District shall not be approved
until the applicant demonstrated that all proposed improvements are
consistent with existing park deed restrictions and covenants established
by the President and Commissioners of Princess Anne.
D.
Off-street parking and loading.
(1)
Layout and location. Off-street parking and loading facilities required
by these regulations shall be provided on the same lot with such structure
or land use.
(3)
The minimum requirements of this section shall be provided in addition
to any area used for parking of vehicles owned by or used in a business.
Required off-street parking facilities shall not be used for display
or storage of vehicles which are for sale or rent or being stored
while awaiting repair.
(4)
Services vehicles, heavy trucks and equipment must be parked and
stored in the rear or side parking areas.
[Amended 1-22-2019 by Ord. No. 2019-03]
E.
Storage. No outdoor storage shall be permitted except in accordance
with the following regulations:
(1)
Outdoor storage shall be permitted only between the rear building
line and the rear property line.
(2)
All outdoor storage must be set back a minimum of 40 feet from the
adjacent property line.
(3)
Outdoor storage shall not be permitted unless there is an approved
landscape screening plan to obscure outdoor storage areas from adjacent
properties.
(4)
No item may be stored on the premises whose height exceeds the height
of the landscape screening.
F.
Premises must at all times be kept in a safe, clean, wholesome condition
and comply in all respects with government, health and policy regulations
and requirements. All refuse or rubbish of any character whatsoever
must be promptly removed or not allowed to accumulate on the premises.
G.
All dumpsters and outdoor mechanical equipment, including roof-mounted
equipment, shall be enclosed within sight-tight fences in a manner
satisfactory to the Code Enforcement Officer. The enclosure shall
be designed to prevent visibility of the equipment from adjacent properties
and public streets.
A.
Multifamily residential units shall be permitted by the Board of
Appeals as a special exception in the R-1 District subject to the
following:
(1)
Buildings containing not more than four dwelling units and not more
than three stories in height shall have a land area per building of
not less than 15,000 square feet and a width of not less than 100
feet and yard depth of not less than the following:
(2)
Buildings containing more than four dwelling units shall have a land area of not less than 2,000 square feet and a lot width of not less than 10 feet, and three feet in side yard width for each additional dwelling unit shall be required in addition to the minimum described in Subsection A(1) of this section.
(3)
Lot areas not served by public water and sewer facilities shall be
governed by County Health Department regulations regarding lot area,
width and yard requirements.
B.
Multifamily residential units shall be permitted in the R-2 District
subject to the followings:
(1)
For structures of three or more living units, the lot shall have
a minimum per-building area of 12,000 square feet for the first three
units plus 2,000 square feet for each additional unit.
(2)
Not more than 40% of the area of the lot may be covered by structures,
including accessory structures.
(3)
Each lot shall not be less than 80 feet in width and 100 feet in
depth.
(4)
Each lot shall have a front building setback line of not less than
30 feet from and parallel to the front lot line or a street right-of-way.
In the case of corner lots, a front yard of the required depth shall
be provided as determined by the Code Enforcement Officer subject
to the following limitations:
(5)
Each side yard shall have a width of not less than eight feet, and
the total width of side yards shall be not less than 20 feet.
(6)
Each lot shall have a rear yard setback of not less than 25 feet
in depth.
(7)
In the case of through lots, both front yards shall have the required
depth of 25 feet.
(8)
Each habitable structure on one lot shall be separated by a minimum
of 75 feet.
(9)
Height in the R-2 District:
(a)
Building height shall be limited to 48 feet or four stories
unless a variance is otherwise granted by the Board of Appeals.
(b)
The Board of Appeals may grant a variance for multifamily building
height in the R-2 District, provided an additional land area of 5,000
square feet, plus an additional 20 feet in lot width, plus five feet
in additional side yard width are provided for each additional story.
C.
Multifamily dwellings may be permitted by the Board of Appeals as
a special exception in the C-1 District provided the lot area is a
minimum of eight acres.
Drive-in eating or refreshment establishments may be permitted
by the Board of Appeals as a special exception in the C-1 District
and shall be permitted in the C-2 District provided:
It is the intent of this section to provide for the establishment
of essential services and public utilities without restrictions in
all zoning districts while at the same time protecting residents by
the application of fencing, safety and other requirements for utility
buildings and structures.
A.
Essential services and public utilities shall be an inherently permitted
use in any district. However, relay stations, storage stations, electric
substations and buildings and land used or maintained for essential
services and public utilities shall be subject to Planning and Zoning
Commission review for compliance insofar as possible with basic safety
and reasonable landscape and screening requirements.
B.
No area requirements for any use district shall be applicable to
essential services.
C.
No setback requirements for any use district shall be applicable
to essential services.
D.
The Planning and Zoning Commission may require such uses be appropriately
screened to minimize any adverse impacts to adjacent residential uses.
Home occupations shall be permitted in the R-1 and R-2 Districts
subject the following conditions:
A.
The occupation or profession shall be clearly incidental and subordinate
to the use of the residential dwelling unit and/or its accessory buildings
and may only be conducted wholly within the dwelling unit and/or its
accessory buildings.
B.
There shall be no more than two nonresident employees.
C.
The activity shall be conducted wholly within the dwelling unit and/or
its accessory buildings and shall be for the economic gain or support
of a resident of the dwelling. There shall be no adverse impacts such
as traffic and parking demand, and the residential appearance of the
dwelling and the character of the neighborhood shall be maintained.
D.
No mechanical, chemical, electrical equipment except that which is
customarily used for domestic, hobby, or household purposes.
E.
There shall be no offensive noise, noxious fumes or unpleasant odor,
smoke, heat, dust, glare, electrical interference, vibration, or other
nuisance emanating from the structure in which the home occupation
is located in excess of that normally associated with residential
use.
F.
No toxic, explosive, flammable, combustible, corrosive, etiologic,
radioactive, or other restrictive materials shall be used or stored
on the site in amounts greater than those normally associated with
domestic use.
G.
The home occupation and any related activity shall not create any
traffic hazards or nuisances in the public streets and other public
rights-of-way, and all vehicle parking generated by such operations
shall be located on the same lot as the residence, or accessory building,
in which the home occupation is conducted, or on the abutting public
streets.
H.
The area consumed by the home occupation is limited to 35% of the
floor area of the residence (exclusive of basement area) or is limited
to a basement or garage.
I.
Home occupations that attract customers, clients, or students to
the premises shall not be allowed in multifamily dwelling units.
J.
There shall be no visible outside display nor window display of stock-in-trade
which is sold or serviced on the premises.
K.
There shall be no signs, displays, or activity that will indicate
from the exterior that the structure is being used, in part, for any
purpose other than that of a residence, except for one identification
sign that is nonilluminated and does not exceed two square feet in
aggregate gross surface area. The home occupation and all related
activity, including storage, shall be conducted completely within
the dwelling unit or permitted accessory structure.
L.
The home occupation shall not utilize exterior storage of material
and equipment other than in an accessory building that is compatible
with the residential character of the surrounding neighborhood.
M.
There shall be no commodities sold or services rendered that require
receipt or delivery of merchandise, goods, or equipment by other than
a passenger motor vehicle or by United States Mail, United Parcel
Service, Federal Express, or similar carriers that typically deliver
packages to residences.
N.
There shall be no special structural alterations, or construction
features to the residence nor permitted accessory structures, nor
the installation of special equipment that requires high-voltage electrical
wiring above 220 VA attached to walls, floors, or ceilings.
O.
No home occupation shall provide service or instruction simultaneously
to a group of more than four persons while such persons are present
in the dwelling unit. Customer/client visits to the unit are limited
to the hours from 8:00 a.m. to 8:00 p.m.
P.
The maximum number of client-, patron- or business-related visitor
vehicles that can be present at any one time shall be limited to three.
Q.
Vehicles associated with the home occupation shall be limited to
the following:
R.
Commercial car repair facilities, commercial pet grooming, and commercial
kennels are prohibited as home-based businesses.
Hospitals may be permitted by the Board of Appeals in the R-2
District and shall be permitted in the I-1 District provided that:
A group domiciliary care facility may be permitted in the R-1
and R-2 Districts subject to the following:
A.
Residents are provided service and supervision by licensed operators
in accordance with the Maryland Department of Health and Mental Hygiene
regulations and any other applicable federal, state and local laws,
regulations and/or requirements.
B.
Treatment and counseling shall be limited to the residents of the
dwelling.
C.
The residents of a group domiciliary care home shall not include
any person who, during the term of residence at such facility, commits
a violent act or causes substantial physical damage to the property
of others, and any such person must be removed from such facility.
The keeping of small animals and domestic fowl is permitted in all zones subject to the provisions of Chapter 41[1] as an accessory use to any principal use permitted outright
or to a permitted special exception, in each case subject to the following
standards:
A.
Small animals. Up to three small animals may be kept accessory to
each business establishment or dwelling unit on a lot, except as follows:
(1)
In no case is more than one miniature potbelly pig allowed per business
establishment or dwelling unit.
(2)
In single-family zones:
(a)
Up to four small animals are permitted on lots of at least 20,000
square feet; and
(b)
One additional small animal is permitted for each 5,000 square
feet of lot area in excess of 20,000 square feet. Accessory structures,
including kennels, for four or more animals must be at least 10 feet
from any other lot in a residential zone.
B.
Miniature potbellied pigs. The type of swine commonly known as the
Vietnamese, Chinese, or Asian potbellied pig (Sus scrofa bittatus)
may be kept as a small animal, provided that no swine that is greater
than 22 inches in height at the shoulder or more than 150 pounds in
weight may be kept.
E.
Miniature goats. The types of goats commonly known as pygmy, dwarf
and miniature goats may be kept as small animals, provided that male
miniature goats are neutered and all miniature goats are dehorned.
The Board of Appeals may permit student housing projects as
a special exception in the R-2 Residential District subject to the
following:
A.
The proposed development site is located in the University Boulevard
corridor and takes access from University Boulevard;
B.
The minimum site area shall be eight acres;
C.
The proposed development meets all applicable federal, state, county
and municipal codes;
D.
The development plan concept is recommended for approval by the Planning
and Zoning Commission; and
E.
The development plan includes appropriate open space and recreation
facilities for the residents.
A.
In any district, temporary buildings, including trailers not used
as a permanent dwelling, may be used incidental to construction work
complying with the requirements of the Somerset County Health Department,
provided that such buildings shall be removed upon the completion
or abandonment of the construction work or at the end of one year,
whichever is sooner.
B.
A special extension of six months may be granted by the Planning
and Zoning Commission on the condition that written consent by the
County Health Department is furnished by the applicant.
Veterinary clinics and animal boarding establishments are permitted
in the R-1 District subject to the following conditions:
