General.

Table IV-1, Land Uses, establishes permitted uses, special exception uses and accessory uses in the zoning districts set forth in this article.

All uses not listed in the table are prohibited except as provided below in Subsection C.

If a use is not listed in Table IV-1 or defined in Article IX, the use may be interpreted by the Planning Director to be of a similar nature or character as a listed use. The Planning Director shall refer to the following sources:

The most recent edition of the "Land Based Classification Standards, LBCS Tables" published by the American Planning Association (APA);

The most recent edition of "A Planner's Dictionary," a publication of the APA's Planning Advisory Service;

If a use or term is not listed or defined in the APA documents, the most recent edition of Webster's Unabridged Dictionary or the "North American Industry Classification Manual (NAICS);" and

The Planning Director may also seek a recommendation from the Planning Commission.

This section shall not be interpreted to allow a use in one zoning district when the use in question is more closely related to another listed use that is allowed in other zoning districts.

Specific standards and requirements for many of the listed land uses are given in §§ 190-26 through 190-34.

Maximum floor area standards for commercial and industrial uses in the Village zones are established in the Village zoning district requirements, § 190-10. Uses that exceed the applicable floor area standards may be approved as a special exception by the Board of Appeals.

25.2

Table of Land Uses.

[Amended 6-11-2019 by Bill No. 1416; 4-25-2023 by Bill No. 1528; 7-25-2023 by Bill No. 1544]

Key:

P: Permitted principal use

A: Permitted accessory use

S: Special Exception

C: Requires approval by the County Council

Blank: Not permitted

Table IV-1. Table of Land Uses
Use Type	Section Cross-Reference	Conservation Districts					Residential Districts		Village Districts			Commercial/Industrial Districts
See the subsection of Chapter 190 listed below for specific requirements.		AC	CP	WRC	TC	RC	RR	TR	VR	VH	VM	LC	GC	LI
25.2.A. Agriculture and Related Uses
Agricultural Production
Agricultural production; agriculture		P	P	P	P	P	P	P	P	P	P	P	P	P
Greenhouse and plant nursery (retail)	26.1	S	S	S	S	S		S		S	S	P	P	P
Greenhouse and plant nursery (wholesale)	26.2	P	P	P	S	P		S	S	S	S	S	P	S
Poultry and hog houses larger than 1,500 square feet on parcels smaller than 20 acres	26.3	S	S	S		S
Poultry and hog houses, livestock feeding lots and agricultural lagoons	26.4	P	P	P		P					S
Agricultural Support Businesses and Services
Agricultural processing	26.5	S	S	S	S	S				S	S	S	S	P
Agricultural research facilities	26.6	P	P	P		P				P	P
Direct farm marketing, harvesting and education	26.7	P	P	P	P	P
Farm-based recreation	26.8	P	P	P	P	P				S	S
Farm alcohol production facility	26.9	P	P	P	P	P				S	S
Farm equipment service and repairs	26.10	S	S	S						S	S	P	P	P
Farm machinery and supplies sales	26.11	S	S	S								S	P	P
Farm market	26.12	P	P	S		S				S	S
Grain processing, drying and storage (wholesale commercial)	26.13	P	P	P	S	P				S	S	S	S	P
Livestock auction house	26.14	S	S	S
Stables, riding, trails and horse boarding (commercial)	26.15	S	S	S	S	S
Fish and Game
Aquaculture (retail)	26.16	S	S	S		S				S	S	P	P	S
Aquaculture (wholesale)	26.17	P	P	P		P				S	S	P	P	P
Fish and game hatcheries		P	P	P		P				S	S
Forestry
Timber harvesting, commercial (includes parcels 10 acres or larger in Critical Area RR, TR, VR, VH, VM and LC)		P	P	P	P	P	P	P	P	P	P	P	P	P
Timber harvesting, commercial (includes parcels smaller than 10 acres in Critical Area RR, TR, VR, VH, VM and LC)							S	S	S	S	S	S
25.2.B. Residential Uses
Dwelling, single-family (detached)	27.1	P	P	P	P	P	P	P	P	P	P
Dwelling, single-family (duplex)	27.2	P	P	P	P	P	P	P	P	P	P
Group homes, large	27.3	S	S	S	S	S	S	S		S	S	S	S
Group homes, small		P	P	P	P	P	P	P	P	P	P	P
25.2.C. Institutional Uses
Day Care and Education
Day-care center, family		P	P	P	P	P	P	P	P	P	P	P	P	P
Day-care center, large group	28.1	S	S	S	S		S	S	S	S	S	P	P	P
Day-care center, small group		S	S	S	S		S	S	S	S	S	P	P	P
Educational institutions, public or private, boarding and nonboarding	28.2	S	S	S	S	S		S	S	S	S	S	S	S
Government and Quasi-Public Uses
Emergency services	28.3	P	P	P	P	P	P	P	P	P	P	P	P	P
Offices, government	28.4									S	P	P	P	P
Post offices									P	P	P	P	P
Other Institutional
Cemeteries and mausoleums/ columbarium, non-church-related, for humans and animals and family cemeteries	28.5	P	P	P		P
Cemeteries, related to house of worship	28.6	S	S	S	S	S	S	S	S	P	P	P	P
Community and cultural facilities	28.7	S	S	S	S	S	S	S	S	S	P	P	P	S
Exposition center, fairgrounds		S	S	S										S
Hospital	28.8												S
Houses of worship		S	S	S	S	S	S	S	S	P	P	P	P
Meeting halls and facilities for clubs, lodges, and fraternal societies	28.9	S	S	S	S	S				S	P	P	P
Nursing homes, skilled nursing facilities, hospice care and assisted living facilities	28.10	S	S	S	S	S	S	S		S	S	P	P
Parks and Natural Resource Uses
Conservation areas (public or private)	28.11	P	P	P	P	P	P	P	P	P	P	P	P	P
Natural resource-oriented public recreation, education, and research	28.12	S	S	S	S	S			S	S	S
Parks and playgrounds (public or private)	28.13	P	P	P	P	P	P	P	P	P	P	P
25.2.D. Commercial Uses
Animal Care
Animal hospital, veterinary clinic and associated boarding or grooming of animals	29.1	S	S	S	S	S	S				P	P	P
Kennel, commercial	29.2	S	S	S								S	S
Eating and Drinking Establishments
Food delivery and catering service										P	P	P	P	P
Restaurant, carry-out, no drive-through										P	P	P	P	P
Restaurant with drive-through facilities													S
Restaurants, bars, and nightclubs, no outdoor events	29.3									S	S	P	P
Restaurants, bars and nightclubs with outdoor events	29.4									S	S	S	P
Roadside vendor	29.5									P	P	P	P	P
Lodging
Hotel/ motel	29.6										S	S	P
Inn	29.7	SE	SE	SE	SE	SE					P	P	P
Offices
Banks and financial institutions, including drive-through windows										P	P	P	P	P
Medical clinics, outpatient facilities, urgent care centers, medical laboratories											P		P	P
Offices, general										P	P	P	P	P
Services, professional	29.8								S	P	P	P	P	P
Recreation/Entertainment
Golf courses and country clubs (public or private)	29.9	P	P	P	S		S	S
Off-road outdoor recreation (public or private)	29.10	S	S
Recreation facilities, indoor (commercial or noncommercial)	29.11									S	S	P	P	P
Recreation activities, general outdoor: includes miniature golf, driving ranges, commercial ball fields and similar uses													S	S
Shooting range, indoor		S	S	S							S	S	S	S
Retail Sales
Auction house	29.12	S
Building supply and lumber yards with outside storage	29.13									S	S	S	P	P
Retail, general	29.14									P	P	P	P
Retail, major	29.15											P	P
Services, Commercial
Funeral home and crematorium											S	P	P	P
Restoration of boats, vehicles and furniture	29.16									S	P	P	P	P
Services, general	29.17									P	P	P	P	P
Sexually oriented business	29.18													P
Studios for instruction in art, music, dance, drama, crafts or physical education					P			P	S	S	P	P	P	S
Storage, Commercial
Warehouse, self-storage	29.19										S	P	P	P
Vehicle and Equipment Sales and Service
Automobile service, repair, washing, and fuel sales	29.20									S	P	P	P	P
Boat and marine equipment sales and assembly	29.21										P	S	P	P
Vehicle and boat parking and storage (commercial)	29.22	P	P	P		P				S	P	P	P	P
Vehicle sales, automobile, truck and recreational													P	P
25.2.E. Industrial Uses
Contracting
Building, trade and construction contracting	30.1											P	P	P
Marine contracting	30.2									S	S	S	S	P
Manufacturing and Processing
Alcohol production facility											S			P
Compounding industries (permanent)	30.4													S
Food and beverage packing and processing											S		P	P
Manufacturing operations	30.5									S	S	S	S	P
Monuments and memorial stones, productions and sales	30.6										P		P	P
Sawmills	30.7	P	P	P		P					S	S	P	P
Mineral Resources
Mineral extraction	30.8	S	S	S		S
Research
Laboratories for scientific research and experimentation											P			P
Storage and Wholesale Sales
Flammable liquid storage, wholesale distribution, and resale												S	S	S
Trucking terminals, warehouses, and storage yards	30.9													P
Waste Processing and Disposal
Junkyard	30.10													S
Organic waste recovery facility	30.11	S												S
Recycling collection center		P	P	P	P	P	P	P		S	P	P	P	P
Recycling, product	30.12	S	S	S		S
Recycling processing center	30.13													P
Scrap metal processing	30.14													P
Solid waste disposal facilities	30.15	C	C	C	C	C	C	C	C	C	C	C	C	C
Solid waste transfer stations	30.16	S	S	S	S			S			S	S	S	S
25.2.F. Marine Uses
Fisheries activities facilities						S				S	S	S
Marinas	31.1					S				S	S	S	S	S
Marina equipment service and repair										S	S	P	P	P
Piers and related facilities: community and private, boat ramps, raised walkways	31.2					S or P	S or P	S or P	S or P	S or P	S or P	S or P	S or P	S or P
Ports and related industry														P
Shoreline stabilization measures	31.3				P	P		P	P	P	P	P	P	P
Water-oriented public recreation, education, research areas	31.4					S		S		S	S	S	S
25.2.G. Utility, Transportation and Communication Uses
Communication
Antenna tower for essential communications	32.1	S	S	S	S	S	S	S		S	S	P	P	P
Antenna tower for radio and television transmission and other nonessential radio communications	32.2	S	S	S		S						P	P	P
Wireless communication towers 100 feet or taller	32.3	S	S	S		S						S	S	S
Wireless communication towers less than 100 feet	32.3	P	P	P		P				S	P	P	P	P
Energy and Fuel
Pump stations for gas and oil pipelines		S	S	S	S	S	S	S			S	S	S	S
Solar energy system, large-scale	32.4	S	S	S	S		S	S	S	S	S	S	S	S
Utility services, nonessential	32.5	S	S	S	S	S	S	S		S	S	S	S	S
Utility services, essential		P	P	P	P	P	P	P	S	S	P	P	P	P
Utility structures	32.6	S	S	S	S	S	S	S		S	S	S	S	S
Wind turbine production facility, small	32.7	S	S									P	P	P
Sewage and Water
Septage treatment facilities	32.8	S	S	S										S
Wastewater treatment plant	32.9	S	S	S	S	S	S	S	S	S	S	S	S	S
Water treatment and storage facilities	32.10	S	S	S	S	S	S	S	S	S	S	S	S	S
Transportation
Landing strips, private	32.11	S
25.2.H. Accessory Uses
Accessory uses, general	33.1	A	A	A	A	A	A	A	A	A	A	A	A	A
Agricultural uses and structures, accessory	33.2	A	A	A	A	A	A	A	A	A	A
Bed-and-breakfast facility	33.3	A	A	A	A	A	A	A	A	A	A
Bridges, private, nontidal		A	A	A	A	A	A	A	A	A	A	A	A	A
Bridges, private, tidal	33.4	S	S	S	S	S	S	S	S	S	S	S	S	S
Cottage industry	33.5	A	A	A	A		A	A	A	A	A
Dwelling, accessory	33.6	A	A	A	A	A	A	A	A	A	A
Dwelling, accessory to agricultural use: manufactured or mobile home: 1 or 2 dwellings	33.7	A	A	A		A	A	A		A	A	A	A	A
Dwelling, accessory to agricultural use: manufactured or mobile home: 3 or 4 dwellings	33.7	S	S	S		S	S	S			S	S	S	S
Dwelling, accessory to agricultural use: dwelling other than a manufactured/mobile home	33.7	A	A	A		A	A	A		A	A	A	A	A
Dwelling, accessory to commercial use	33.8									A	A	A	A	A
Dwelling, seasonal agricultural employee	33.9	S	S	S
Event venue, accessory to agriculture	33.10	S	S		S
Event venue, accessory	33.11	S	S	S	S	S	S	S	S	S	S	S	S	S
Home occupation	33.12	A	A	A	A	A	A	A	A	A	A
Kennel, accessory residential		A	A	A	A	A	A	A
Poultry, waterfowl and gamebirds on residential lots	33.13	A	A	A	A	A	A	A	A	A	A
Produce stand	33.14	A	A	A	A	A			S	S	A
Recreational vehicle parking	33.15	A	A	A	A	A	A	A	A	A	A
Residential structures and uses, accessory	33.16	A	A	A	A	A	A	A	A	A	A	A	A	A
Retail, accessory to industrial	33.17												A	A
Satellite dishes and amateur radio towers	33.18	A	A	A	A	A	A	A	A	A	A	A	A	A
Septic systems	33.19	A	A	A	A	A	A	A	A	A	A	A	A	A
Short-term rental	33.20	A	A	A	A	A	A	A	A	A	A
Solar energy system, medium-scale	32.4	A	A	A	A	A	A	A	A	A	A	A	A	A
Solar energy system, small-scale	32.4	A	A	A	A	A	A	A	A	A	A	A	A	A
Stables, accessory to residential uses	33.21	A	A	A	A	A	A	A	A	A	A
Storage of inoperable or unregistered motor vehicles accessory to residential use	33.22	A	A	A	A	A	A	A	A	A	A
Storage, accessory to commercial and industrial uses	33.23	A	A	A	A	A	A	A	A	A	A	A	A	A
Storage building prior to construction of a primary structure	33.24	S	S	S	S	S	S	S	S	S	S
Wind turbine system, small	32.7	A	A	A	A	A	A	A			A	A	A	A

§ 190-26 Agriculture and related uses.

26.1

Greenhouse and plant nursery (retail).

In AC, CP, WRC, RC and TC Districts:

Areas devoted to growing of plants or trees shall be set back 20 feet from all property boundaries.

Parking and sales structures shall be set back 200 feet from rear and side property lines and 100 feet from the front property line.

In the RC Zone, limited to establishments for the growing and holding of trees, shrubs, plants and flowers (i.e., native, ornamental and hydrophytic species) and associated planting supplies, including fertilizer, peat moss, planting soil, etc. for the purpose of sale.

26.2

Greenhouse and plant nursery (wholesale). In the RC Zone, limited to establishments for the growing and holding of trees, shrubs, plants and flowers (i.e., native, ornamental and hydrophytic species) for the purpose of sale.

26.3

Poultry and hog houses larger than 1,500 square feet on parcels smaller than 20 acres. Minimum setback from property lines: 200 feet.

26.4

Poultry and hog houses, livestock feeding lots and agricultural lagoons.

Minimum setback from property lines: 200 feet.

Minimum lot size: 20 acres for poultry and hog houses larger than 1,500 square feet.

In the VM District:

Limited to poultry houses.

Poultry houses must be located outside the Chesapeake Bay Critical Area.

26.5

Agricultural processing.

Two-hundred-foot setback from property lines for structures, processing, storage and loading areas.

Minimum lot size: 20 acres.

The use must be located on a property that is actively being farmed and granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

Site plan approval is required.

26.6

Agricultural research facilities.

The operation shall be conducted on a site of at least 25 acres.

Livestock, wildlife and crops shall not be offered for commercial resale.

Any structure, including feeder lots and barns, and ponds shall be constructed at least 200 feet from any property lines, residential structures, tributary streams, drainage swales or ditches, with landscape buffering as necessary.

Maximum site coverage for all primary and accessory buildings: 10%.

A fence shall be constructed around all structures, research plots and ponds within the research facility.

An incinerator shall be constructed on the premises for the disposal of all nonliquid waste generated on the site.

Any research involving fish or marine life shall be conducted in aboveground facilities, except that agriculturally related products registered with the United States Environmental Protection Agency may be applied to in-ground ponds, provided that the amount applied does not exceed the maximum recommended label rate of application for such products on crops or land. Ponds for such research shall be constructed in a manner which shall preclude leaching of any liquid from the facility or pond.

26.7

Direct farm marketing, harvesting and education.

Includes:

Pick-your-own produce operations, cut-your-own tree or flower operations, pumpkin patches, and similar uses. An accessory building or structure may be located on the property and used for the day-to-day operation of such activities and for the sale of products grown on site;

Additional activities directly related to education about farm production, including participation in harvesting, farm tours, classes related to production or use of farm products, and similar activities; and

May be established in conjunction with other agricultural support businesses or services.

The farm must be actively producing agricultural products for purchase and sale.

Minimum lot size: five acres.

The use must be located on a property that is and remains actively farmed and is granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

Minimum setbacks, including structures, parking areas, and other areas open to visitors, excluding farm production areas: 30 feet from property lines and 100 feet from any off-site residence.

Site plan approval is required.

Hours of operation shall be established as part of the site plan.

Warning signs shall be posted indicating that participation in activities on a farm involves inherent risks, and notifying participants that by choosing to participate they are accepting the "inherent risks of agritourism activity."

26.8

Farm-based recreation.

Includes activities that predominately use agricultural products, buildings or equipment, such as corn mazes, hayrides, pony rides, petting zoos, farm museums and similar activities. The facilities may be available as venues for weddings, receptions and similar uses, subject to 190-26.8.H below.

Minimum lot size: 20 acres.

The use must be located on a property that is and remains actively farmed and is granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

Minimum use setbacks for structures, parking areas, and outdoor areas open to customers: 100 feet from property lines and 200 feet from any off-site residences.

A Type D landscape yard, or an equivalent combination of vegetation and distance, shall be provided between the use and adjacent properties.

Site plan approval is required.

Hours of operation shall be established on the site plan and limited to hours between 9:00 a.m. and 11:00 p.m.

A farm-based recreation site is permitted to host outdoor weddings, receptions and similar events, provided that:

Each event shall be limited to no more than 200 guests.

No outdoor music is permitted before 9:00 a.m. or after 10:00 p.m.

Such events shall take place on no more than 12 days per calendar year.

The operator of the farm-based recreation use does not need to apply for a use certificate for each of the 12 events. Records shall be maintained and made available to the Planning Office upon request that provide event details to include date, event time lines, and number of attendees.

26.9

Farm alcohol production facility.

Includes:

Production of wine, beer and/or distilled spirits using a product or products grown on-site.

Bottling, aging, storage, shipping, and loading facilities and administrative offices.

Accessory sales of products produced on-site and the regular sale of promotional items including but not limited to glassware, clothing, bottle openers and similar items. The retail sales display area shall be no larger than 500 square feet.

Product tasting, and limited food service, provided the area inside the building used for such activities shall not exceed 49% of the gross floor area of the building.

Promotional events, larger retail sales areas, private parties and receptions are permitted pursuant to § 190-26.8, Farm-based recreation.

Site plan approval is required if retail sales or product tasting are included as part of the use.

Minimum structure and use setbacks for parking, processing, storage, shipping, loading and customer facilities and areas: 100 feet from property lines.

The use must be located on a property that is and remains actively farmed and granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

In the VH and VM Districts the minimum lot size shall be 20 acres.

26.10

Farm equipment service and repairs: one-hundred-fifty-foot setback in the AC, CP, WRC and VM Districts.

26.11

Farm machinery and supplies sales.

Includes agricultural vehicles and implements, and agricultural supplies.

Includes home and garden supplies and equipment, except in the AC, CP, and WRC Districts.

In the AC, CP, and WRC Districts, minimum two-hundred-foot setback is required for structures used for milling of grain and feed, and chemical and fertilizer storage.

26.12

Farm market.

Maximum farm market structure size: 2,000 square feet; this may include space in a single, owner-occupied accessory farm building.

The use must be located on a property that is actively being farmed and granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

Site plan approval is required.

26.13

Grain processing, drying and storage (wholesale commercial).

In the RC District (wholesale only), limited to an accessory use to a farm operation existing as of August 13, 1989.

Minimum two-hundred-foot setback from property lines.

In the VH and VM Districts, new or expanded structures shall maintain the minimum setback from lot lines of the existing structures on the same property.

26.14

Livestock auction house.

Ten-acre minimum lot size.

Minimum two-hundred-foot setback for buildings and structures.

Minimum fifty-foot setback for parking areas.

26.15

Stables, riding, trails and horse boarding (commercial).

Minimum lot size: 10 acres or one acre per horse, whichever is greater.

Minimum setback for related structures: 200 feet.

Minimum setback for feeding and watering stations: 50 feet from any body of water, including tributary streams and tidal wetlands.

26.16

Aquaculture (retail).

Minimum fifty-foot front setback and two-hundred-foot setback from all other property boundaries.

Ten-acre minimum lot size.

No on-site processing allowed.

All aquaculture products must be raised on site.

26.17

Aquaculture (wholesale).

Excludes on-premises processing of aquaculture products.

Minimum two-hundred-foot setback for related ponds in the AC, CP, WRC, RC, VH and VM Districts.

§ 190-27 Residential uses.

27.1

Dwelling, single-family (detached).

Limited to one single-family primary residence per parcel or lot.

Includes modular homes and double-wide manufactured homes.

Excludes single-wide manufactured homes and mobile homes.

The following standards apply for the placement of double-wide manufactured homes permitted as single-family residences on individual lots or parcels:

The home must be manufactured after January 1, 2001, and be in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

The base width of the home for any front, side and rear elevation must be 22 feet wide and it must have eaves on each side with a minimum of one-foot overhang beyond the base width, such that the total width from eave to eave shall be at least 24 feet.

The home must have a minimum 4/12 roof pitch.

The roof must be finished with shingles or other conventional roofing materials common to residential construction, and the exterior siding must be similar in appearance to common residential construction.

The home must have a County-approved permanent continuous masonry foundation, unpierced except for required ventilation and utilities access installed under the home. The permanent masonry or brick foundation shall be left exposed or skirted with other masonry or brick.

Permanent landing and steps with handrails are required at each exterior doorway.

The tongue, axles, transporting lights and removable towing apparatus must be removed after placement on the lot and before occupancy.

Standards set forth in Subsection D.1 through 7 above are not applicable to the following:

Manufactured homes located in a manufactured home rental community;

Manufactured or mobile homes accessory to agricultural uses and activities.

27.2

Dwelling, single-family (duplex).

Includes two attached single-family dwellings constructed on site or modular dwellings manufactured off site.

Excludes manufactured homes and mobile homes.

Each dwelling unit must be located on a separate lot, and the side yard setback where the dwelling units are attached is waived.

The use is allowed only on individual lots smaller than two acres.

27.3

Group home, large.

Minimum lot area: two acres per dwelling unit.

Adequate supervision and professional services shall be provided.

Required Maryland licensing shall be maintained as applicable.

The dwelling shall be of sufficient size to accommodate the proposed number of residents and staff.

The site shall provide adequate outdoor space free from hazard and appropriately equipped for the age and number of persons residing.

§ 190-28 Institutional uses.

28.1

Day-care center, large group.[1] In the RC District, the following regulations apply:

The use shall be located in a structure existing prior to August 13, 1989.

Expansion is permitted, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

[1]

Editor’s Note: At the direction of the County, the incorrect title “Day-care center, family” was replaced with the correct title “Day-care center, large group.”

28.2

Educational institutions, public or private, boarding and nonboarding.

In RC and TR Districts, limited to nursery schools and schools with Grades K through 8.

In the RC District:

Public schools allowed, in accordance with COMAR 27.02.02 (State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions); and

Private schools allowed, subject to lot coverage limitation of 15% of the site or 20,000 square feet, whichever is less.

Private institutions existing in the RC District prior to August 13, 1989, may be expanded, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

28.3

Emergency services.

Includes fire, police, rescue and ambulance uses.

In the AC, CP, WRC or RC District, the use shall be within 0.25 mile of a collector or arterial highway.

In the RC District, the following regulations apply:

Public and quasi-public services are permitted.

Privately owned and operated services in operation prior to August 13, 1989, may be expanded, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

28.4

Offices, government. In the LI District limited to offices offering agricultural, technical, investigative, or community outreach and support services.

28.5

Cemeteries and mausoleums/columbarium, non-church-related, for humans and animals and family cemeteries.

Twenty-acre minimum lot size for cemeteries.

Five-acre minimum lot size for pet cemeteries.

Two-acre minimum lot size when limited to use of the property owner and the owner's family members and their pets.

A minor site plan shall be required.

Non-church-related cemeteries are prohibited in the RC District, excepting family cemeteries. For family cemeteries, lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

28.6

Cemeteries, related to house of worship. The following regulations apply in an RC District:

A cemetery related to a house of worship is allowed, provided the house of worship was in existence prior to August 13, 1989, and lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less.

In an RC District, includes columbarium associated with a house of worship, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less.

Notwithstanding the twenty-thousand-square-foot limitation in Subsections A and B, the lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

28.7

Community and cultural facilities.

Includes public and quasi-public buildings and structures for recreation, conservation, cultural, museum, library and public service uses.

In the RC District, lot coverage shall be limited to 15% of the site or 20,000 square feet, whichever is less.

Structures existing in the RC District prior to August 13, 1989, may be expanded, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

28.8

Hospital. Minimum two-hundred-foot structure setback.

28.9

Meeting halls and facilities for clubs, lodges and fraternal societies.

Excludes gun and firearm shooting clubs.

In the RC District the following additional regulations apply:

Limited to service organizations and nonprofit charitable organizations and institutions.

Uses are subject to lot coverage limitation of 15% of the site or 20,000 square feet, whichever is less.

Structures existing prior to August 13, 1989, may be expanded, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

28.10

Nursing homes, skilled nursing facilities, hospice care and assisted living facilities.

Inside the Critical Area a home or facility shall be located in a structure existing prior to August 13, 1989.

Maximum number of patients: eight.

The nursing home shall not constitute a nuisance caused by noise, vehicle traffic or parking, or other physical activity.

Adequate setbacks and a Type C Landscape Buffer shall be provided to screen neighboring residential properties.

The facility shall have access to roads suitable for emergency responders.

28.11

Conservation areas (public or private).

Includes arboretums, bird sanctuaries, demonstration forests, hunting preserves, reforestation areas, wildlife reservations and regulated hunting areas.

May be open to the public for hunting or passive recreation such as walking, bicycling or boating.

May include accessory offices, visitor information and storage structures. In the RC District:

[Amended 5-28-2019 by Bill No. 1411]

The accessory structures listed above shall not exceed a cumulative total of 20,000 square feet: and

Limitations prescribed in Subsection C.1 above may be increased through the use of growth allocation subject to § 190-55.5.

Does not include active recreation facilities (athletic fields, playgrounds)

28.12

Natural resource-oriented public recreation, education, and research.

Includes conservation areas owned by a quasi-public or private organization that include, as a principal use, visitor centers, research facilities, educational programming, and similar uses.

Minimum setbacks:

Structures: 200 feet.

Parking and outdoor displays, amphitheaters or congregating areas: 150 feet.

Site plan approval is required.

In the Critical Area, the following regulations apply. The Board of Appeals shall review these requirements as part of the special exception.

The requirements for water-dependent uses in § 190-15.14, Water-dependent facilities, shall be considered to the extent that they are applicable to the particular use.

Sanitary facilities shall be provided meeting the requirements of Maryland state law.

Permeable surfaces shall be used wherever standard engineering practices allow, if no degradation of groundwater would result.

Not more than 15% of existing natural vegetation shall be permanently disturbed.

All facilities, including areas for passive recreation (trails, education) shall be located outside the Shoreline Development Buffer.

The use must conform to the general findings and requirements for special exceptions in Article VII and the general requirements for the use in § 190-15, Critical Area Overly District.

[Added 5-28-2019 by Bill No. 1411]

In the RC District, any proposed change of use from Natural Resource - Oriented Public Recreation, Education, and Research to another permitted use in the RC District shall be reviewed by the Critical Area for consistency with the purposes and characteristics of the Resource Conservation Area (RCA).

[Added 5-28-2019 by Bill No. 1411]

28.13

Parks and playgrounds (public or private). In the RC District, this use is limited to passive recreation, except that commercial and public pools may be permitted in the RC District where growth allocation is approved subject to § 190-55.5.

§ 190-29 Commercial uses.

[Amended 7-25-2023 by Bill No. 1544; 10-22-2024 by Bill No. 1579]

29.1

Animal hospital, veterinary clinic and associated boarding or grooming of animals.

Minimum fifty-foot setback from all property lines.

No outside animal pens in a VM District.

In the RC District, must be accessory to a farm use and lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

29.2

Kennel, commercial.

Two-hundred-foot setback in AC, CP and WRC Districts.

Outside pens must be screened.

29.3

Restaurants, bars and nightclubs with no outdoor events.

Excludes uses with drive-through facilities.

Excludes bars and nightclubs except liquor sales associated with a restaurant in the VH and VM Districts.

29.4

Restaurants, bars and nightclubs with outdoor events.

Excludes uses with drive-through facilities.

The special exception and site plan approval shall establish limits and location for outdoor seating and music, as well as, frequency and hours.

All applications in the Village Zoning Districts requesting outdoor amplified music shall include a noise compliance plan that includes a means for continuous electronic monitoring of sound levels from one hour prior to, until one hour after, the approved outdoor music time restriction, along with all other materials required by the application form and checklist published by the Planning Office.

In addition to the public notice requirements of § 190-54.5 below, notices must be postmarked at least 30 days prior to any public meeting or hearing and shall be sent to all owners of land with a property line within 1,000 feet of the subject parcel, including in line of sight[1] within 1,000 feet across waterways.

[1]

Editor’s Note: With the permission of the County, the typographical error “site” was corrected to read “sight.”

29.5

Roadside vendors.

Use certificate, license.

A use certificate and vendor's license is required. A separate license is required for each location.

The roadside vendor or food truck shall display the license in a conspicuous location at the site where the vendor is operating.

Fees for the use certificate and vendor's license shall be paid in accordance with the adopted fee schedule.

Short-term roadside vendors shall meet the following standards:

Maximum number of days of operation per calendar year for short-term vendors: seven.

The Planning Director may waive license fees and extend the number of days that a short-term roadside vendor may operate, provided the vendor holds federal tax-exempt status under § 501(c)(3) of the Internal Revenue Code or otherwise dedicates its proceeds to a charitable organization or valid fund-raising activity.

Long-term roadside vendors shall not use tents or open air tables.

For all roadside vendors:

If located on a commercial or industrial site, the roadside vendor may occupy surplus parking spaces or similar areas on site, but shall not occupy required landscape yards or parking spaces.

A roadside vendor may locate on an unimproved lot in the LC or GC Zoning District, subject to approval of a simplified site plan as well as a use certificate.

Vendors must obtain the written permission of each property owner on whose property the vendor's operation is located.

Maximum number of employees on site: three.

Vendors shall operate in a manner that permits safe ingress and egress to and from the operation.

Roadside vendors and food trucks shall locate such that the site they occupy complies with all development standards pertaining to the zoning district and applicable overlay districts such as the Gateway Overlay District.

All facilities associated with the roadside vendor shall be removed immediately upon discontinuation of the use.

29.6

Hotel/motel. Any restaurant and indoor banquet/event facility(ies) located on the property shall not exceed 49% of the total floor area of the hotel/motel.

29.7

Inn.

An inn shall have no more than 12 guest rooms and no more than 30 guests.

No guest rooms may be detached from the primary structure, except on parcels of two acres or greater up to six guest rooms may be detached from the primary structure.

No cooking facilities shall be permitted in guest rooms.

The maximum stay for guests shall not exceed 14 consecutive days.

Applicable to inns in the Conservation Districts:

Inns are permitted only when entirely or partially operated within structures located in the Historic Overlay District (HD) or listed on the Department of the Interior National Register of Historic Places.

Inns must be located upon parcels of land greater than five acres in size.

Inns may be served by a dwelling (single-family, detached) on the same parcel so long as the dwelling is not located within the Critical Area and is utilized by the owner or a full-time employee of the inn.

Inns located within the Critical Area are not permitted to utilize guest rooms within accessory structures that did not exist as of December 31, 2023. Total lot coverage serving an inn within the Critical Area shall be limited to the lesser of (1) 15% of the total acreage within the Critical Area; or (2) 20,000 square feet.

29.8

Services, professional.

Includes accounting, architecture, chiropractic services, insurance, land planning, law, medical or dental offices, physical therapy, real estate and similar uses.

In the LC District: maximum gross floor area of 2,500 square feet.

29.9

Golf courses and country clubs (public or private).

Excludes miniature golf courses.

Excludes driving ranges not primarily associated with the golf course.

Courses shall not be lighted for night play.

In the RC District, golf courses that legally existed as of August 13, 1989 may be expanded in accordance with § 190-48.3.E.

A country club may be used to host weddings, receptions, and similar outdoor events unrelated to common golf course and country club uses, provided that:

All areas used for such events shall be within 500 feet of the primary country club structure.

Each event shall be limited to no more than 200 guests.

No outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.

Such events shall take place on no more than 12 days per calendar year. The operator does not need to apply for a use certificate for each of the 12 events. Records shall be maintained and made available to the Planning Office upon request that provide event details to include date, event time lines, and number of attendees.

These restrictions shall not apply to customary country club uses or events.

29.10

Off-road outdoor recreation (public or private).

Includes motorized and nonmotorized vehicle race and other recreation courses, excluding automobiles and trucks.

Minimum site size: 50 acres.

Minimum setback from property lines: 200 feet, of which 100 feet shall be vegetative buffer of at least 10 feet in height.

Minimum setback from existing inhabited dwellings: 1,000 feet.

Site access shall be by arterial or collector road.

Maximum merchandise retail sales area: 400 square feet.

Entire course must be laid out so that vehicles shall not be driven on the courses above natural prevailing grade of surrounding land.

The facility shall post rules and regulations regarding the use of safety equipment.

Trained first aid personnel shall be on site during operating hours.

Hours of operation may not exceed 9:00 a.m. to 7:00 p.m.

Nighttime lighting is not permitted.

Overnight camping or campgrounds are not permitted.

The recreation area shall be fenced with at least a six-foot-high fence and locked during nonoperating hours.

No paid spectator tickets are permitted.

29.11

Recreation facilities, indoor (commercial or noncommercial).

Includes billiard/pool halls, bowling alleys, health clubs, indoor ball courts, skating rinks, theaters with fewer than 500 seats, and sports arenas with fewer than 500 seats.

Minimum one-hundred-foot setback from property lines.

In the VM District, the use must be located within 0.25 mile of a collector or arterial highway.

29.12

Auction house.

Minimum lot size: five acres.

Minimum setbacks for parking and display areas: 20 feet from road right-of-way and 50 feet from other property boundaries.

29.13

Building supply and lumber yards with outside storage.

Includes home and garden supplies and equipment.

No structure shall exceed 65,000 square feet in gross floor area. For the purposes of this subsection, the term "gross floor area" shall include indoor and outdoor space utilized for retail display and sale of goods. No combination of structures or structures and outside retail display and sales areas on the same or on contiguous lots or parcels shall exceed 65,000 square feet in gross floor area for a single or commonly controlled retail business operation.

A building supply and lumber yard in a single or multiple building(s) occupying more than 25,000 square feet of gross floor area shall follow the standards for retail, major uses in § 190-29.15 of this article.

29.14

Retail, general.

Includes sales of antiques, books, baked goods, clothing, crafts, drugs, dry goods, furniture, gifts, groceries, hardware, household items, liquor, plants (flowers, shrubs, and trees), seafood, sports equipment, and items generally found in department stores, general stores or variety stores.

General retail uses shall not exceed 25,000 square feet in gross floor area. For purposes of this section, the term "gross floor area" includes indoor and outdoor space utilized for retail display and sale of goods.

29.15

Retail, major.

Applicability.

Major retail uses are all retail establishments in a single building or multiple buildings occupying more than 25,000 square feet but no more than 65,000 square feet of gross floor area.

For purposes of this section, the term "gross floor area" shall include indoor and outdoor space utilized for retail display and sale of goods. No combination of structures, or structures and outside retail display and sales areas on the same or on contiguous lots or parcels, shall exceed 65,000 square feet in gross floor area for a single or commonly controlled retail business operation.

The standards for major retail uses do not apply to:

Nonretail commercial uses;

Automobile, truck and recreational vehicle sales; or

Farm machinery and supplies sales.

General design features. Buildings shall be designed to complement and replicate the character and vernacular of the area. Landscaping shall include a variety of trees, shrubs, and grassy areas in order to create an eye-pleasing addition to the community.

Facades and exterior walls.

All facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

All facades shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length.

Detail features. Building facades must include a repeating pattern that shall include no fewer than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

Color change.

Textured change.

Material module change.

Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.

Roofs. Roofs shall have at least two of the following features:

Parapets completely concealing the flat roofs and all rooftop equipment from public view. The average height of such parapet shall not exceed 15% of the height of the supporting wall, and such parapet shall not at any point exceed 1/3 of the height of the supporting wall. Such parapet shall feature three-dimensional cornice treatments.

Overhanging eaves, extending no less than three feet past the supporting walls.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.

Multiple roof slope planes.

Materials and colors.

Predominant exterior building materials shall be high-quality materials. These include, without limitation:

Brick.

Wood.

Painted, textured, concrete masonry units.

Other native material.

The predominant facade color shall be low reflectance, subtle, neutral, or earth colors. The use of high-intensity or fluorescent colors is prohibited.

Building trims and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

Predominant exterior building materials shall not include the following:

Smooth-faced block.

Tilt-up concrete panel.

Prefabricated steel panels.

Vinyl siding.

Aluminum siding.

Entryways.

Each primary building on the site shall have a clearly defined, highly visible customer entrance featuring at least three of the following:

Canopies or porticoes.

Overhangs.

Recesses/projections.

Arcades.

Raised corniced parapets over the door.

Peaked roof forms.

Arches.

Outdoor patios.

Display windows.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Entrance. All sides of a primary building that directly face an abutting public street shall feature at least one customer entrance. Where a primary building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street.

Parking lots. Not more than 50% of the off-street parking area for the entire property shall be located between the front facade of the primary building(s) and the primary abutting street.

Setbacks. The minimum setback for any portion of the structure shall be 50 feet from the nearest property line. In addition, when property in a conservation, residential, or village district either abuts the parcel on which the structure is to be located or is separated from the parcel by a public or private road, the fifty-foot setback shall be increased by an additional setback (the "additional setback") which shall be calculated according to the following formula: an additional 50 feet plus one additional foot for each 1,000 square feet that the building exceeds 50,000 square feet in gross floor area. If either U.S. Route 50 or Maryland Route 322 acts as an intervening public street between the parcel on which the building is to be located and the adjacent property in a conservation, residential, or village district, the width of that road's right-of-way shall be deducted from the additional setback otherwise required by this section.

Outdoor storage, trash collection, and loading areas.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other uses shall not be visible from abutting streets.

No areas for outdoor storage, trash collection, or trash or compaction, loading or other uses shall be located within 25 feet of any public street, public sidewalk or internal pedestrianway.

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

Pedestrian flows and bicycle traffic.

Sidewalks at least eight feet in width shall be provided along all sides of the lot that abut a public street.

Continuous internal pedestrian walkways, no less than eight feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all primary buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activities, such as, but not limited to, transit stops, street crossings, and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flowerbeds, ground covers or such other materials for no less than 50% of its length.

Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalk shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

Internal pedestrian walkways provided in conformance with Subsection K.2 above shall provide weather protection features, such as awnings or arcades, within 30 feet of all customer entrances.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, no-maintenance service materials, such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

Bicycle traffic shall be accommodated by providing adequate bicycle circulation routes (which may or may not be combined with the required pedestrian walkways and sidewalks) as well as bicycle storage facilities (i.e., racks or lockers).

Central features and community space.

Each establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following:

Patio/seating area.

Pedestrian plaza with benches.

Transportation center.

Window-shopping walkway.

Outdoor playground area.

Kiosk area.

Water feature.

Clock tower.

Other such deliberately shaped areas and/or a focal feature or amenity that, in the judgment of the Planning Commission, adequately enhances such community and public spaces.

Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

Abatement of nuisance to neighboring properties. Neighboring properties shall be protected from site illumination, noise, odor, or any other impacts that could potentially be a nuisance to those properties. Lighting shall be designed to prevent any night sky illumination.

29.16

Restoration of boats, vehicles and furniture.

Limited to repair and restoration of antique furniture and antique or classic vehicles.

In the AC District:

Permitted only in a structure that existed on June 22, 1991.

All restoration work and storage shall be indoors.

In the VM Districts, all restoration work and storage shall be indoors.

29.17

Services, general.

Includes beauty parlor, barbershop, blacksmith, dry cleaning, equipment rental, laundromats/laundry, locksmith, outdoor power equipment repair, photo processing, shoe repair, tailor shop, signs, sheet metal, printing and publishing, appliance repair, upholstery, taxidermy, woodworker/carpenter and welding.

In the LC District, maximum gross floor area: 2,500 square feet.

29.18

Sexually oriented businesses.

In addition to any buffer, buffer yard, setback, or other design criteria generally applicable to permitted uses, a sexually oriented business must meet the following minimum setbacks:

A building or structure housing a sexually oriented business shall be located at least 1,000 feet from any land parcel zoned residential and at least 1,000 feet from any parcel containing a school, house of worship, park or recreation facility, day-care center, small group, day-care center, large group, or day-care facility, family.

For this section's purposes, measurement shall be made in a straight line, between the closest points of the affected structures and the affected parcels.

A lawfully operating sexually oriented business shall not be rendered a nonconforming use by the subsequent change in zoning of neighboring parcels or the subsequent location of a use listed in Subsection A.1 above.

A sexually oriented business shall:

Have lighting to a level of at least two footcandles for all exterior areas, including but not limited to parking lots or areas, loading docks, and sidewalks; and

Be equipped with video surveillance cameras that monitor the premises' exterior from a management station located within the business.

A sexually oriented business shall keep all parking areas visible from a public right-of-way to the maximum extent possible. The location or construction of a fence, wall, or other barrier that prevents any portion of the parking lot(s) from being visible from a public right-of-way is prohibited. Any such barrier that exists at the time a sexually oriented business is established shall be removed.

A sexually oriented business shall post signs that limit its parking areas to the exclusive use of its patrons and employees and shall prohibit trespassing by all others.

A sexually oriented business shall conduct, display, deliver, perform, and/or provide adult entertainment or adult material so as to be visible only from within the interior of the building. No such adult entertainment and adult material or visual representations of such entertainment and material shall be visible in any way, manner, or degree from any place outside the building.

A sexually oriented business shall locate only on parcels or in buildings not containing any hotel, motel, bed-and-breakfast, inn, or boardinghouse. No sexually oriented business may operate in any structure or portion thereof not generally open to the public and freely accessible and fully visible to patrons and employees at all times, except storage or other areas restricted to employees only.

29.19

Warehouse, self-storage. In a VM District the following regulations apply:

Minimum property size: one acre.

Minimum setback from property lines: 50 feet.

Security fencing and landscaping is required.

Maximum building height: 20 feet.

29.20

Automobile service, repair, washing, and fuel sales.

Includes trucks and recreational vehicles.

Access driveways shall be at least 50 feet from any AC, CP, WRC, TC, RC, RR, TR, VR and VH District.

29.21

Boat and marine equipment sales and assembly.

Includes outdoor commercial storage associated with sales.

In an LI District sale of boats is limited to boats fully assembled on site.

29.22

Vehicle and boat parking and storage (commercial).

Excludes any vehicle repairs and maintenance in the AC, CP, WRC and RC Districts.

Limited to indoor storage in structures existing as of August 13, 1989, in the RC District and June 22, 1991, for the AC, CP, WRC, VM, and LC Districts.

Outside boat parking and storage may be allowed by special exception in the LC District.

§ 190-30 Industrial uses.

30.1

Building, trade and construction contracting.

Includes carpentry, construction, electrical, excavation/grading, floor covering, glass repair, heating/air conditioning, home improvement, masonry, painting, paving, plumbing, roofing, septic system installation, utility installation, well drilling and similar uses.

No exterior storage is permitted in the LC District.

30.2

Marine contracting. Includes businesses that install or repair pilings, piers and similar structures located in or over water to include shoreline stabilization.

30.3

(Reserved)

30.4

Compounding industries (permanent).

Includes concrete and asphalt plants.

One-thousand-foot setback from existing residences unless consent to reduce the setback is received from all residence owners within the one-thousand-foot setback.

The use is not permitted in the Chesapeake Bay Critical Area.

Shall have direct access to a major collector highway or higher designation road.

30.5

Manufacturing operations.

Includes any uses involved in assembling, processing or packaging operations.

In VM, VH, LC and GC Districts, shall be located in a structure existing as of June 22, 1991.

Not allowed in the Critical Area.

30.6

Monuments and memorial stones, production and sale: minimum one-hundred-foot setback for stone cutting activities.

30.7

Sawmills.

Includes temporary noncommercial sawmills when associated with on-site timber harvests.

Minimum setback in all districts except LC, GC, and LI Districts: 200 feet.

30.8

Mineral extraction.

Includes sand and gravel operations.

The approved plans for the use shall identify and implement appropriate methods for protecting existing neighborhoods from the impacts of adjacent extraction operations and the transportation of extracted resources.

Minimum two-hundred-foot setback from property boundaries for power-driven machinery, extractive operations and excavation pits.

Access drives shall be dust-proofed with a tar and chip surface, pavement or other acceptable means sufficient to control windblown particulate matter.

The Board of Appeals may require fencing where necessary for safety purposes.

The Board of Appeals may require visual screening where necessary to mitigate aesthetic impacts on the surrounding neighborhood.

Hours of operation are limited from sunrise to 7:00 p.m., Monday through Saturday.

The reclamation plan for mining sites shall identify the intended post-extraction use of the property.

The post-extraction use shall be consistent with County plans and regulations. The following shall be given priority for post-extraction uses: recreational uses, such as parks and lakes; forestry; aquaculture; or residential development.

Any post-extraction use as a rubble fill shall be limited to County-generated rubble.

In the Chesapeake Bay Critical Area, in addition to meeting the general standards for granting special exceptions, the following regulations apply which the Board of Appeals shall review as part of the special exception:

The operational procedures shall protect the Critical Area from all sources of pollution from mineral extraction activities, including, but not limited to, sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of waste, dusts, and spoils; all runoff shall be retained on site.

The post-extraction or post-excavation use(s) of the site shall be proposed with the operational procedures to ensure that extraction activities permit reclamation of the site within two years after excavation is completed.

Mineral extraction activities shall not:

Be located in habitat protection areas and natural heritage areas;

Be located in areas of highly erodible soils;

Cause the loss for 25 years or more of productive forest and agriculture uses as determined by the Soil Conservation Service or Maryland Department of Natural Resources;

Result in degradation of water quality or a loss of anadromous fish spawning waters, shellfish beds, and submerged aquatic vegetation areas;

Be located within the Shoreline Development Buffer; or

Have wash plants, including ponds, spoil piles, and equipment, located within the Shoreline Development Buffer.

Surety shall be provided to guarantee that all proposed reclamation activities are accomplished.

30.9

Trucking terminals, warehouses, and storage yards are not allowed in Critical Area.

30.10

Junkyard.

Setback for outdoor storage and processing areas:

One hundred feet from road right-of-way;

Fifty feet from adjacent properties in the same zoning district;

Three hundred feet from other zoning districts.

Outdoor storage areas shall be completely enclosed by a solid wood or masonry wall or fence at least six feet high, of a design approved by the Board of Appeals. Building walls may form part of the enclosure.

Walls and fences shall be maintained in good condition.

Adequate environmental controls shall be employed.

30.11

Organic resource recovery facility.

Minimum property size: 75 acres.

Minimum setback: 1,000 feet from existing residences for structures and outdoor use areas unless consent to reduce the setback is received from all residence owners within the one-thousand-foot setback. In no case shall the setback be reduced to less than 500 feet. Lesser setbacks, but not less than the minimum setbacks for the zoning district, may be permitted for re-use of existing structures.

Safe access shall be available as approved by the state or Talbot County. Access shall be by means of an arterial or collector road and shall not result in truck traffic on roads serving primarily residential lots.

A Type D landscape yard shall be provided along property lines. In addition, a security fence shall be installed inside the landscape yard.

The use shall be designed to control odors, dust and emissions to avoid adverse impacts on surrounding properties.

The use shall comply with requirements of the Maryland Department of the Environment.

30.12

Recycling, product.

Includes masonry products (including concrete, asphalt, brick, block and stone) and material products (including trees, stumps, branches, leaves, grass trimmings and soil).

Minimum property size: 75 acres.

Maximum storage and operation area: 15 acres.

Minimum equipment and storage setbacks from property lines: 500 feet.

Minimum setback from existing residences of 1,000 feet for equipment and storage facilities unless consent to reduce the setback is received from all residence owners within the one-thousand-foot setback. In no case shall the setback be reduced to less than 500 feet.

The property shall have direct access to a major collector or arterial highway.

Access drive(s) shall be gated and dust-proofed from storage/processing area to the highway.

The Board of Appeals may require fencing where necessary for safety purposes.

The Board of Appeals may require visual screening where necessary to mitigate aesthetic impacts on the surrounding neighborhood.

Operating hours shall be restricted to between sunrise and 7:00 p.m., Monday through Friday. Material may be received and sold on Saturday between 7:00 a.m. and 12:00 noon, but no processing shall be permitted.

If the operator is not the property owner, evidence of permission of the property owner to use the property for the use must be provided.

A product recycling use established within a site that has an active, approved mineral extraction use prior to February 8, 2020, shall not be subject to Subsection D or F above. The minimum equipment and storage setbacks from property lines shall be the setbacks under the approved mineral extraction plan or 200 feet, whichever is greater.

[Added 12-10-2019 by Bill No. 1437]

An application for product recycling use shall include an operation plan that addresses the projected type and number of vehicle trips; type of materials to be recycled and nature of recycling or processing activities; location of equipment and storage including exterior stockpiles; mitigation measures for use impacts and hazard and emergency response preparedness.

[Added 12-10-2019 by Bill No. 1437]

30.13

Recycling processing center.

Must be located in an opaque-fenced yard or enclosed structure.

Shall not be used for a permanent storage or disposal site of recyclable materials.

30.14

Scrap metal processing. This use is not permitted in the Critical Area.

30.15

Solid waste disposal facilities.

This use requires County Council approval in accordance with Article VII.

The following requirements apply to this use:

Disposal areas shall be set back a minimum of 100 feet from public and private rights-of-way;

Disposal areas shall not be located nor expanded within 300 feet of a dwelling, school, or church or within 100 feet of any boundary of the site;

Solid waste disposal sites shall be effectively screened from public view by dense foliage, topography, or fencing. A surrounding security fence, a minimum of six feet in height, shall be constructed prior to operation of the site. The fence shall be of suitable construction, shall be unobtrusively painted or finished and shall be maintained in good condition. In addition, a landscaped buffer strip 100 feet in width, located outside of the security fence, shall be provided around the entire periphery of the site.

Whenever possible, rubble fills or rubble recycling facilities shall be located in conjunction with mineral extraction sites.

Within the Critical Area, the use shall be consistent with COMAR 27.01.02.02.G.

30.16

Solid waste transfer stations.

Not permitted within the Critical Area.

Minimum setback from property lines: 100 feet.

Shall be fenced and screened from view on all sides by plantings.

§ 190-31 Marine uses.

31.1

Marinas.

Includes piers, wharves, berthing and boat docking facilities, launching ramps, wet and dry storage facilities for seaworthy craft in operable condition, yacht clubs, retail sale of maritime-related items (fishing equipment, bait, ice, etc.), minor repair of watercraft, watercraft sales, rental and charter, marine equipment sales, watercraft fuel sales, fishing facilities (crab sheds, fish off-loading docks, shellfish culture operations, and fishery activities), guestroom rental (no more than 10 rooms), cafes.

In the RC District, uses are limited to expansion of commercial marinas and piers existing as of August 13, 1989.

In the Chesapeake Bay Critical Area, in addition to the general findings and requirements for special exceptions in Article VII, and the general requirements for the use in § 190-15, Critical Area Overlay District, the following regulations apply which the Board of Appeals shall review as part of the special exception:

The operational procedures shall minimize the discharge of bottom wash water into tidal waters;

The operational procedures shall meet the sanitary requirements of the Maryland Department of the Environment as required by COMAR 26.04.02.

New marinas shall not be located adjacent to anadromous fish spawning waters, shellfish beds, and submerged aquatic vegetation areas;

Expansion of existing marinas in the Rural Conservation District shall not degrade water quality and shall result in an overall net improvement in the water quality within and at the entrance to the marina; and

The number of slips or mooring buoys shall not exceed two for each vehicle parking space which shall be provided outside the Shoreline Development Buffer.

Floating residences are prohibited.

A cafe, limited to 20 seats, is permitted within a marina existing on the effective date of this chapter.

A yacht club may be used for weddings, receptions, and similar outdoor events, provided that:

Each event shall be limited to no more than 200 guests.

No outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.

These restrictions shall not apply to customary yacht club uses or events.

31.2

Piers and related facilities (community and private).

Number of piers, community piers, private piers, compensation.

Parcels and lots shall be limited to one pier, except that parcels larger than 40 acres in size and having frontage on two bodies of water may have one pier on each body of water if the second pier is authorized by the Maryland Department of the Environment and by special exception. In evaluating whether the parcel has frontage on different "bodies of water," the Board of Appeals may consider a range of factors, including, without limitation, whether the second pier is proposed on a body of water that has materially different shoreline characteristics than the location of the existing pier, the depth and location of any defined channel relative to each shoreline, the length of any defined channel, whether and where a channel splits into or consolidates with other channels relative the location of the property, and each shoreline's orientation, water depth, fetch, wake activity, and presence of submerged aquatic vegetation. Private piers shall be limited to six outboard mooring piles, and a cumulative total of six boat or personal watercraft lifts. The six lifts shall include no more than four boat lifts. Lifts with a fixed or floating platform will be counted in the cumulative total platform area limit. If a parcel improved by multiple piers is subdivided, no more than one existing pier shall be permitted on any subdivided lot. A parcel improved by multiple piers may not be reconfigured or consolidated with other adjacent lots(s) in any manner that is inconsistent with Critical Area lot consolidation or reconfiguration regulations.

[Amended 4-25-2023 by Bill No. 1528]

The owner(s) of a pier shall not be permitted to receive compensation for the use of their pier.

Community piers are permitted as a special exception use, subject to the following:

A community pier shall serve at least two lots.

Two or more community piers may be permitted by the Planning Commission to serve a riparian subdivision.

The right of access to a community pier shall be adequately provided for in a properly recorded set of covenants that incorporate maintenance agreements.

Primary dwelling footings and foundation members shall be in place and construction shall be diligently pursued on at least one lot prior to issuance of a permit for a community pier.

Private piers are permitted as a permitted use, subject to the following:

[Amended 2-9-2021 by Bill No. 1468; 4-25-2023 by Bill No. 1528]

They shall not be permitted on a lot served by a community pier.

A dwelling shall exist on the lot or primary dwelling footing and foundation members shall be in place and construction shall be diligently pursued on at least one lot prior to issuance of a permit for a private pier.

Notwithstanding Subsection A.4.b above, a residential private pier is permitted on a lot without a dwelling, provided that:

Such lot complies with the current minimum lot size and width requirements, or is a legally existing nonconforming lot with respect to lot size and/or width and of sufficient size and width to accommodate development of a dwelling 1,000 square feet in size;

ii.

Driveway access to the lot is reviewed and approved by the Talbot County Roads Department or the State Highway Administration where driveway access is proposed onto a state highway;

iii.

To the extent the Shoreline Development Buffer of the lot is not fully established in three-tier vegetation and the only improvement constructed is the pier, buffer establishment shall be provided in an amount equal to the greater of 1) such establishment as required for all proposed improvements in accordance with § 190-15.11, or 2) 500 square feet. Such buffer mitigation shall be required even if the pier improvement would otherwise be exempt from buffer establishment under § 190-15.11D.1.a or D.4. All buffer mitigation or establishment shall be provided in accordance with § 190-15.11E.

Notwithstanding Subsection A.4.b and c above, a residential private pier may be approved as a special exception on a lot without a dwelling that also does not satisfy Subsection A.4.b, provided that:

Such lot is in common ownership with, described in a single deed as of August 13, 1989, and divided by a road only from a noncontiguous lot improved by a dwelling; and

ii.

The riparian lot is a legally existing nonconforming lot that does not meet current lot size or width requirements; and

iii.

The property otherwise meets the requirements for a private pier as provided in § 190-31.2; and

iv.

Until the pier is removed or the riparian parcel becomes a legal conforming lot, the lots shall remain in common ownership and shall be considered merged for zoning purpose for construction of the accessory residential pier only.

Setbacks. Except for a community pier located on a joint property line or piers authorized under Subsection C.3 below, piers may not be constructed closer to a side property line than the required side yard setback for the zoning district in which they are located.

[Amended 4-25-2023 by Bill No. 1528]

Water area for location.

[Amended 4-25-2023 by Bill No. 1528]

Except as provided by Subsection C.3 or 4 below, the water area within which a pier may be located is defined by the harbor lines and lateral lines and shall be determined in accordance with § 190-15.14, Water-dependent facilities.

Except as provided by Subsection C.3 or 4 below, all piers shall be located a minimum distance of 25 feet from the lateral lines. This setback may be reduced to no less than five feet if a letter of no objection is obtained from the adjacent property owner.

For any parcel improved by a legal nonconforming or shared pier as of June 24, 2023, that encroaches upon or crosses a lateral line or lateral line setback, a replacement or reconfigured pier may be located across a lateral line and/or within the lateral line setback and may attach to land within a side yard setback upon the Planning Commission's approval of a waiver pursuant to § 190-62, provided that an agreement of setback and/or lateral line encroachment in the form required by the Planning Officer is executed by the owners of both affected properties and recorded among the land records of Talbot County.

In situations where lateral lines would otherwise prohibit a pier from reaching a) 150 feet in length, or b) such shorter length as permits construction of two boat slips having a minimum water depth of three feet at mean low tide, the Planning Officer may, by minor variance pursuant to § 190-58.2, relocate lateral lines and lateral line setbacks such that a pier otherwise in conformance with the Code can be constructed, provided that 1) an agreement of setback and/or lateral line encroachment in the form required by the Planning Officer is executed by the owners of both affected properties and recorded among the land records of Talbot County; and 2) a to-scale plan depicting proposed lateral line locations is submitted with the minor variance application and made a part of the agreement of setback and/or lateral line encroachment.

Extension, width, length, impedance of natural channel, repair or replacement piers.

[Amended 10-22-2019 by Bill No. 1435; 12-17-2019 by Bill No. 1439; 4-25-2023 by Bill No. 1528]

New piers, or any portion thereof, including outboard pilings, finger piers, catwalks, boat or personal watercraft lifts, platform areas or floating docks shall extend 150 feet or less in length measured from the mean high-water, unless otherwise authorized by Subsection D.9 below. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or a variance, except as authorized pursuant to § 190-31.2D.8.b.ii.

The maximum width of a pier shall be six feet.

Finger piers shall be limited to two for private piers and to the number of slips permitted in Subsection F.4 below for community piers and shall not exceed three feet in width. In no case shall the length of a finger pier exceed the lesser of a) 40 feet, or b) the slip length. The area of finger piers, catwalks and platform areas associated with boat lifts as described in Subsection A.1 above shall not exceed a cumulative total of 240 square feet for private piers and 240 square feet per side for a shared pier serving two adjacent lots.

Platform areas, including, but not limited to, floating or fixed docks, launching facilities, or boat lift platforms attached to or associated with a pier shall not exceed a cumulative total area of:

Two hundred square feet for private or community piers located along a joint property line shared by two adjacent lots. Additional area projecting from a pier, including finger piers, and catwalks, shall be no greater than three feet wide.

Three hundred fifty square feet for community piers serving three or more lots, excluding finger piers, catwalks and platform areas associated with boat lifts as described in Subsection A.1 above.

In no case shall any parts of a pier exceed 1/2 of the distance from the mean high-water line to the center line of the body of water, said line herein established as the tributary harbor line.

In no case shall any parts of a pier impede the natural channel of the waterway.

When measuring the width of creeks or rivers with a total width of less than 500 feet, small and shallow coves along the shoreline shall not be used in determining the width of the waterway.

Replacement or extension of existing piers. The following requirements apply to piers completed prior to February 14, 2004.

A functional pier, meeting the state standard of performing at least 85% (or such lesser standard as established by state regulations) of the designed purpose, may be replaced in kind, even if it exceeds the maximum allowed width, the 150-foot extension into a body of water or the 200-square-foot limit on additional area.

Conforming piers and legal, nonconforming piers may be widened or lengthened and finger piers, platform areas, floating docks, mooring pilings, and boat lifts may be added, including beyond the 150-foot length limitation or beyond lateral lines or the harbor lines, only if the additional areas are in compliance with the requirements in Subsection D.1 through 7 above or do not increase the extent of any nonconformity with such requirements, except:

As otherwise provided Subsection D.8.d; or

ii.

Such minimum increase(s) in nonconformity as approved by the Planning Officer by minor variance pursuant to § 190-58.2 that are necessary to maintain the function of a conforming pier or legal, nonconforming pier existing as of June 24, 2023, where shoreline erosion or accretion impair the function of the existing pier.

A pier that does not meet the state standard of performing at least 85% (or such lesser standard as established by state regulations) of the designed purpose may be replaced beyond the 150-foot maximum allowed length standards provided in § 190-31.2.D.1, at a maximum width of six feet, to provide direct access to a legal nonconforming boathouse that remains functional and was historically accessed by the pier to be replaced.

A legal, nonconforming pier may be modified, reconfigured, reoriented, reconstructed, or demolished and replaced at a different location on the same lot, provided that any one of the following requirements is met:

The reconstructed pier is replaced in-kind;

ii.

The modified, reconfigured, reoriented, reconstructed or relocated pier complies with the requirements of Subsection D.1 through 7 above;

iii.

The modified, reconfigured, reoriented, reconstructed or relocated pier lessens the extent of one or more of the existing nonconformities with Subsection D.1 through 7 above and is of the same or smaller dimensions than the original structure; or

iv.

If a nonconformity with the requirements of Subsection D.1 through 7 above will be modified, reconfigured, reoriented, or relocated without a reduction in the extent of such nonconformity, such construction shall comply with the following:

[i]

Any increase in a nonconformity with Subsection D.2 or 3 above shall not exceed 15% and shall be approved by the Planning Director as a minor variance;

[ii]

Any construction that will constitute a modification, reconfiguration, reorientation or relocation of a nonconformity shall have been approved by the Maryland Department of the Environment;

[iii]

The applicant shall provide the Planning Director with documentation that such modification, reconfiguration, reorientation, reconstruction or relocation will provide a net environmental benefit over existing conditions. Potential examples of environmental benefits include, without limitation, reduction of prop wash and/or shading of submerged aquatic vegetation, access from a less steep portion of the shoreline buffer, or relocation to an area that minimizes buffer disruption for construction; and

[iv]

For any encroachment upon a lateral line setback, the applicant shall demonstrate to the Planning Director that the owners of immediately adjacent properties received written notice of the permit application and a thirty-day period to submit written comments on the proposal to the Planning Director.

[v]

The Planning Director may refer any application for a pier proposed under this subsection to the Planning Commission for review and recommendation.

Functional piers, meeting the state standard of performing at least 85% (or such lesser standard as established by state regulations) of the designed purpose prior to any damage sustained by a storm event or other natural cause, may be repaired or restored in accordance with § 190-50.4, Reconstruction and relocation, of nonconforming structures.

10.

Piers meeting the requirements and standards listed below may be extended:

Pier length, width and platform area limitations set forth in Subsection D.1 through 3 and 7 above may be exceeded for piers required to support one or more of the following uses:

Fisheries activities facilities;

ii.

Ports and related facilities;

iii.

Aquaculture (retail);

iv.

Fish and game hatcheries; and

Aquaculture (wholesale).

The request for such extensions shall not exceed 200 feet in length.

Such increases for Subsection D.9.a.i through iv above shall be justified to the satisfaction of the site plan approving authority and shall be shown on an approved site plan. Any increase shall not exceed the minimum adjustment necessary.

Extensions for piers supporting aquaculture (wholesale) may be permitted consistent with this subsection by the Board of Appeals as a special exception.

Mooring pilings, floating docks and platforms. All detached mooring pilings, floating docks and platforms associated with a land-based pier shall be considered a part of the land-based structure and, except as provided by Subsection D.8 above, shall comply with the applicable setback, pier length and platform area requirements contained in this chapter.

[Amended 4-25-2023 by Bill No. 1528]

Additional requirements for community piers. The following requirements apply to community piers, in addition to the supplemental requirements for water-dependent facilities in the Critical Area Overlay District § 190-15.14:

The facilities shall not offer food, fuel, or other goods and services for sale.

The facilities shall be community owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision.

Disturbance to the Shoreline Development Buffer shall be the minimum necessary to provide a single point of access through the Buffer to the facilities.

Per COMAR finger piers shall be limited to a maximum of three feet wide. Each property owner with a boat slip may be authorized up to two shared three-foot-wide finger piers, a boat lift or other minor components, provided such components comply with all other applicable regulations.

[Amended 4-25-2023 by Bill No. 1528]

The number of slips shall be the lesser of Subsection F.5.a or b below:

One slip for each 300 feet of shoreline in the subdivision in the Rural Conservation District or for each 50 feet of shoreline in the subdivision in a rural residential, village center, or town residential district; or

A ratio of slips to platted lots or dwellings within the subdivision in the Critical Area according to the following schedule:

Table IV-2. Ratio of Boat Slips to Lots or Dwellings
Number of Lots or Dwellings	Number of Slips
Up to 15	1 for each lot
16 to 40	15 or 75% of total lots, whichever is greater
41 to 100	30 or 50% of total lots, whichever is greater
101 to 300	50 or 25% of total lots, whichever is greater
Over 300	75 or 15% of total lots, whichever is greater

Walkway, raised, over nontidal wetlands.

A raised walkway may be installed, subject to required permits, to provide access to a pier.

Maximum length over a nontidal wetland: 100 feet.

Maximum width of walkway: six feet.

Boathouses and floating residences. Boathouses and floating residences are prohibited.

Boat ramps. One boat launching ramp per lot shall be permitted, subject to the required side yard setbacks.

31.3

Shoreline stabilization measures.

Includes bulkheads, riprap, marsh creation and other shoreline protection measures.

See requirements in the Critical Area Overlay District, § 190-15.

31.4

Water-oriented public recreation, education, research areas.

In the TR District:

Minimum lot size: two acres.

Limited to public schools and organizations holding federal tax exempt status under § 501(c)(3) of the Internal Revenue Code.

Excludes use or rental of motorized watercraft (except boats used in connection with and during crewing or sculling).

In the Chesapeake Bay Critical Area, the following regulations apply for public beaches or other public water-oriented recreation or education areas, including, but not limited to, public boat dock facilities and publicly owned boat launching facilities and fishing piers. The Board of Appeals shall review these requirements as part of the special exception.

The use must conform to the general findings and requirements for special exceptions in Article VII and the general requirements for the use in § 190-15, Critical Area Overlay District.

Sanitary facilities shall be provided meeting the requirements of Maryland state law.

Permeable surfaces shall be used wherever standard engineering practices allow, if no degradation of groundwater would result.

Not more than 15% of existing natural vegetation shall be permanently disturbed.

Service facilities shall be located outside the Shoreline Development Buffer wherever physically possible.

Service facilities for passive recreation, such as nature study, and hunting and trapping, and for education shall be located outside of the Shoreline Development Buffer.

§ 190-32 Utility, transportation and communication uses.

32.1

Antenna tower for essential communications.

Includes towers for essential telecommunications and emergency service radio communications antennas.

New antenna towers shall not be located within a three-mile radius of any existing antenna towers in the unincorporated area of the County.

See § 190-32.3, Wireless communications towers, for regulations for other types of towers.

32.2

Antenna tower for radio and television transmissions. and other nonessential radio communications.

Includes towers for public and commercial radio and television antennas, business band radio antennas and necessary transmission facilities.

Includes associated broadcasting studios in the LC, GC, and LI Districts.

New antenna towers shall not be located within a three-mile radius of any existing antenna towers in the unincorporated area of the County.

See § 190-32.3, Wireless communications towers, for regulations for other types of towers.

32.3

Wireless communication towers.

Exemptions. Private amateur (ham) radio towers 75 feet or less are exempt from the requirements of this section. See § 190-33.16 for specific land use regulations.

General requirements. The following requirements are applicable to all wireless communications towers regardless of height or date of construction:

Wireless communication priority placement areas identified on WCPPA Guidance Plans shall be given priority for new service. Applications within wireless communication priority placement areas meeting all technical and other requirements established by this amendment shall be presumed to provide optimal value to the County wireless communication network. Applications outside wireless communication priority placement areas shall be subject to a presumption that they provide less than optimal value to the County wireless communication network.

The applicant shall provide written verification that the proposed wireless communication tower is greater than 500 feet from a parcel containing a public playground, ball field or school use. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance. County-owned property may be considered suitable for a tower location on an equal basis with non-County-owned property.

The ground base of any wireless communications tower structure shall be set back from any property line, road, or public recreation area a distance that is the height of the tower plus 10 feet, except for concealed towers, which shall comply with setback requirements set forth in Table II-12, Structure Height. Notwithstanding any other section of this chapter this limitation shall not be subject to modification by either a special exception or variance. Any icefall or debris from tower structural failure shall be contained in the immediate tower area. Any accessory structures shall comply with the minimum building setback requirements of the applicable zoning district. These setback requirements may be reduced through a variance application as provided for in Article VII.

Wireless communications tower height shall be no higher than necessary to ensure the effective service for the relevant service area, but in no case shall exceed 200 feet. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance.

The applicant for a wireless communications tower is required to have a letter of intent from at least one Federal Communications Commission (FCC) licensed operator to locate on the wireless communications tower at the time the application is filed with the Planning Office. The application shall not be accepted without the letter of intent that defines the type of service(s) to be provided and the time schedule for commencement of services after construction.

The applicant is required to have at least one FCC-licensed operator under contractual agreement to locate on the wireless communications tower prior to issuance of a building permit.

The wireless communications tower shall be designed to minimize adverse visual and environmental impact (e.g., paint, camouflage, screening, stealth technology, concealed towers, color, use of existing structures and natural landscape, etc.). All equipment shelters shall be maintained in neutral shades consistent with the natural landscape.

The wireless communications tower and associated appurtenances shall not be lit unless required by federal or state regulations. If lighting is required, the least intensive lighting shall be used.

The wireless communications tower shall be either a self-supporting monopole or self-supporting lattice structure, except concealed towers, which include an alternate or supplemental structural design accompanied by certification from a Maryland licensed structural engineer that the proposed tower is designed to withstand all design loads required by the Talbot County Building Code by a minimum of 110%.

10.

The applicant shall submit a landscaping plan prepared by a licensed professional with the site plan application which identifies existing vegetation and specifications, including species, size, and location, of all proposed plant materials to be utilized for buffering and screening of the wireless communications tower structure and equipment structures. A secure fence or enclosure, a minimum of eight feet in height, shall enclose the entire base of the wireless communications facility. All required plantings shall be kept in a live, healthy condition. Any plants not in a live, healthy condition shall be replaced by the owner to the satisfaction of the Planning Director. Landscaping and fencing requirements may be waived for concealed towers through a waiver petition approved by the Planning Commission in accordance with § 190-62.

11.

The owner of a wireless communications tower shall provide financial surety in a form and amount acceptable to the County to secure payment of 125% of the cost of removal of the tower, base, foundation to six feet below ground level, and accessory structures if the tower's use is discontinued for 12 or more continuous months. The surety instrument shall be provided prior to building permit application. The Department of Planning and Zoning may increase the amount of the surety as necessary from time to time to insure the amount is adequate to cover the cost of removal.

12.

An abandoned wireless communications tower shall be removed within 90 days of abandonment. If the owner of the tower does not remove the tower, the County may utilize the financial surety to do so, and any excess cost of the removal of the tower shall be borne by the property owner of the land on which the tower is located. Talbot County shall retain the right to place a lien against the property until all such excess costs are paid.

13.

A sign shall identify the property owner, tower owner, contact phone number, and emergency information and shall comply with the sign requirements of this chapter. Information on the sign shall be current, and the tower owner shall notify the Planning Director of any information change.

14.

Existing wireless communications towers may be demolished and an in-kind replacement constructed within the approved compound of the original tower. The original tower must be removed within 60 days after the completion of the replacement tower. The in-kind replacement may not exceed the height of the original tower or its appurtenances, and all new antenna arrays and dishes must comply with the maximum size criteria. Replacement wireless communications towers shall be submitted for a site plan review in accordance with Article VII and receive a recommendation from the Planning Commission.

15.

Calculation of height limits for new wireless communications towers shall be measured from the lowest finished grade elevation at the base to the highest point of the tower to include the tower and all antennas, lightning rods and miscellaneous appurtenances. The lowest finished grade elevation may not be changed from the preexisting natural topography without prior approval from the Planning Director.

16.

The applicant for a new wireless communications tower outside of a wireless communication priority placement area shall provide documentation with the site plan application proving that existing wireless communications towers and other existing structures over 50 feet in height within a one-mile radius of the proposed location and structures 100 feet or higher from a one-mile to two-mile radius of the proposed location are not viable collocation opportunities.

17.

Extension of wireless communications towers above the initial approved height shall require a special exception amendment if the original tower was 100 feet or higher.

18.

Extension of wireless communications towers to 100 feet or higher after initial construction of a tower less than 100 feet shall require a special exception.

19.

Extension of wireless communications towers to 75 feet, but still less than 100 feet, after initial construction of a tower less than 75 feet shall require a site plan review in accordance with Article VII and receive a recommendation from the Planning Commission.

20.

All wireless communications tower owners must comply with all federal, state or local laws or regulations, as amended, concerning electromagnetic radiation and other electronic emissions applicable to the facility within 120 days of the effective date of the regulations.

General application requirements. All applications shall provide the following information:

The name, address and telephone number of the corporate headquarters and local office, and current contact information for each office.

Proof of ownership of the proposed wireless communications tower site or proof of contract or license with the owner of the site and the right to construct and operate the proposed tower.

A copy of FCC license application or license number, date of issuance, and type of license (cellular, PCS, etc.) if applicable.

A master report plan of applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and collocation sites.

The current zoning of the proposed wireless communications tower site.

The maximum proposed wireless communications tower height.

The maximum proposed height of the antenna in feet above ground level (AGL).

The wireless communications tower design.

The number of potential collocation sites on the proposed wireless communications tower.

10.

The name, address, and telephone number of the responsible entity for removal of the wireless communications tower if the tower's use is discontinued for 12 or more continuous months.

11.

Wireless communications towers proposed outside of a wireless communication priority placement area shall provide an analysis of the nearest priority placement area and a detailed narrative as to why sites within this area are unsuitable, with the site plan application.

12.

Proof that the site will not interfere with the County's Emergency Management Communication System. The applicant shall contact the Director of Emergency Management, and obtain written comments from the Director, prior to site plan application submittal for any new tower.

13.

Site plan applications for a new wireless communications tower 75 feet or greater shall include copies of comments received from the Talbot County Historic Preservation Commission, the State Historic Preservation Office, the Federal Aviation Administration, the Maryland Aviation Administration, the Easton Airport, and the Medivac Unit of the State Police, and any other agency required to be notified by federal or state law. The applicant shall also contact the Maryland Department of the Environment and the U.S. Army Corps of Engineers, as applicable to the site. A site plan application shall not be accepted as complete until each of these agencies has either commented or confirmed it has no comment on the application. The applicant shall forward all comments received from these agencies to the Department of Planning and Zoning for consideration with the site plan application. At the applicant's request, the application shall be submitted to the Planning Commission to decide whether the application is complete or incomplete. If an incomplete application is not completed within 30 days after written notice from the Planning Office, the matter shall be submitted to the Planning Commission for a decision on the merits of the application. However, if the applicant stipulates in writing that the application is not complete, the time for final action by the County on the application shall be extended and shall not begin to run again until the application is completed.

14.

A written statement that collocation sites on the tower shall be made available for lease at fair market rates.

15.

Information on the type(s) of service (data or voice) to be provided by operators locating on the tower.

16.

The time period before voice or data service will commence once the tower is constructed.

General collocation requirements. The following requirements apply to all wireless communications collocation applications:

Collocation is permitted in all zoning districts if the antennas are mounted on an existing structure, and the at-grade mechanical equipment meets all applicable zoning requirements.

The applicant shall obtain a building permit for collocation on an existing wireless communications tower. Prior to building permit application, collocation on structures other than existing wireless communications towers located in all zoning districts shall require a site plan review in accordance with Article VII, including a recommendation from the Planning Commission.

As a condition of permitting and continued operation, collocation space on wireless communications towers constructed after January 26, 2002, shall be made available for lease at fair market rates.

All building permits shall contain a provision granting Talbot County the right of first refusal to lease or purchase tower space for installation of public telecommunications and data transmission equipment or antennas at negotiated fair market rates.

Specific tower requirements (towers less than 75 feet high). The following requirements are applicable to all wireless communications towers less than 75 feet high:

All general requirements in Subsection B of this section.

All general application requirements in Subsection C of this section.

All applicable general collocation requirements in Subsection D of this section.

The new construction shall be designed to support a minimum of one FCC-licensed operator.

The applicant shall provide a project location map and narrative description of the proposed wireless communications tower site.

New construction of towers less than 75 feet is permitted in all zoning districts except Rural Residential (RR), Town Conservation (TC) Town Residential (TR) and Village Residential (VR) if the individual antennas meet the size criteria stated in the general requirements section and all at-grade mechanical equipment meets all applicable zoning requirements.

Applications meeting the above criteria require a minor site plan in accordance with Article VII and a building permit.

When considering approval or denial of the minor site plan for a wireless communications tower, the Planning Director shall place greater emphasis on the impact of a proposed tower site on the surrounding community when it is located outside of a wireless communication priority placement area.

Specific tower requirements (towers from 75 feet to less than 100 feet high). The following requirements are applicable to all wireless communications towers from 75 feet to less than 100 feet high:

All general requirements in Subsection B of this section.

All general application requirements in Subsection C of this section.

All applicable general collocation requirements in Subsection D of this section.

The new tower construction shall be designed to support a minimum of two FCC-licensed operators.

Construction is allowed in all zoning districts except Rural Residential (RR), Town Conservation (TC), Town Residential (TR) and Village Residential (VR) if the individual antennas meet the size criteria stated in the general requirements section and all at-grade mechanical equipment meets all applicable zoning requirements.

Applications meeting the above criteria require major site plan review in accordance with Article VII and a building permit.

When considering approval or denial of the major site plan for a wireless communications tower, the Planning Commission shall place greater emphasis on the impact of a proposed tower site on the surrounding community when it is located outside of a wireless communication priority placement area.

Prior to acceptance of the application in accordance with § 190-54.2, the applicant shall:

Notify all adjoining property owners by mail of the wireless communications tower proposal, including neighbors across water bodies that are within 1,000 feet of the property containing the tower site.

Erect a sign on the proposed site notifying the public of the applicant's intent to construct a wireless communications tower. Said sign design and size shall be approved by the Planning Director.

Provide public notice in the local newspaper of the applicant's request for the new proposed wireless communications tower, identifying location, type, height, etc. at the applicant's expense. The newspaper notice shall include a map showing the proposed tower location, and be approved by the Planning Director.

A project location map and narrative description of the proposed wireless communications tower site documenting the area of potential effect, including but not limited to residential properties, public rights-of-way, historical sites, parks, conservation areas, and other significant existing structures, shall be provided.

10.

At the time of site plan application, the applicant shall submit copies of the antenna propagation analysis or drive test studies used for analysis, and type of coverage (i.e., single or system), including a coverage and interference analysis.

11.

If located outside of a wireless communication priority placement area, the applicant shall provide a coverage/interference analysis and capacity analysis with the site plan application which demonstrates that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless communications facility and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antenna at an alternative site. At the applicant's expense, the site plan application for a new wireless communications tower shall include a report prepared by an independent engineer stating:

It is technically impossible to provide a reasonable level of service by collocating wireless communications antennas on existing structures and that existing wireless communications towers are not adequate to meet the coverage needs for any proposed wireless communications tower if located outside of a wireless communication priority placement area, and providing sufficient factual detail to support those conclusions.

The proposed wireless communications tower and attached antenna does not exceed the minimum height necessary to accomplish the purpose for which it is constructed and in no case shall exceed 200 feet.

Frequency of transmission of all proposed antennas on the wireless communications tower.

Power and size of proposed antennas in effective radiated power (ERP).

Azimuth of antennas.

Down-tilt of antennas.

Calculations utilized to justify design requirements (i.e., engineering trade-off analysis between height, ERP, antenna performance and coverage area).

The wireless communications tower has sufficient structural integrity for its current and future use, including multiple collocation antennas, and that the tower facility complies with all American National Standards Institute (ANSI) standards. Factors to be stated are the maximum wind load and snow/ice load calculations.

12.

The Planning Commission may require a review of the applicant's engineer's report by an independent consultant of its choosing, the cost of the review to be borne by the applicant.

Specific tower requirements (towers 100 feet high or higher). The following requirements are applicable to all wireless communications towers 100 feet high or higher:

All general requirements in Subsection B of this section.

All general application requirements in Subsection C of this section.

All applicable general collocation requirements in Subsection D of this section.

All wireless communications tower applications for towers 100 feet or higher shall require a special exception in accordance with § 190-56.2.C. When considering approval or denial of a special exception application, the Board of Appeals shall place greater emphasis on the impact of a proposed tower site on the surrounding community when it is located outside of a wireless communication priority placement area or within a three-mile radius of an existing wireless communications tower that is greater than 75 feet in height.

Applications meeting the above criteria require major site plan review in accordance with Article VII and a building permit.

The applicant must obtain major site plan approval prior to the special exception hearing with the Board of Appeals.

The new construction of a tower from 100 feet to less than 150 feet shall be designed to support a minimum of three FCC-licensed operators.

The new construction of a tower from 150 feet to less than 180 feet shall be designed to support a minimum of five FCC-licensed operators.

The new construction of a tower from 180 feet to 200 feet shall be designed to support a minimum of six FCC-licensed operators.

10.

Allowed by special exception in all zoning districts except Rural Residential (RR), Town Conservation (TC), Town Residential (TR), Village Residential (VR), Village Hamlet (VH), and Village Mixed (VM) if the individual antennas meet the size criteria stated in the general requirements section and at-grade mechanical equipment meets applicable zoning requirements.

11.

Prior to acceptance of the application in accordance with § 190-54.2, the applicant shall:

Erect a sign on the proposed site notifying the public of the applicant's intent to construct a wireless communications tower. Said sign design and size shall be approved by the Planning Director.

Provide public notice in the local newspaper of the applicant's request for the new proposed wireless communications tower, identifying location, type, height, etc., at the applicant's expense. The newspaper notice shall include a map showing the proposed tower location, and be approved by the Planning Director.

12.

The applicant shall conduct a community meeting open to the public to discuss the proposed site plan application for any wireless communications tower. The applicant shall conduct the community meeting at least one week prior to the Planning Commission meeting at which the tower site plan application is scheduled to be reviewed. The meeting shall be held at the applicant's expense and staffing. County staff is not required to attend the community meeting.

13.

Prior to the Planning Commission meeting for site plan review, the applicant shall perform a highly visible balloon test lasting a minimum of 30 minutes. The date, location, and beginning and ending time of the test shall be published in a local newspaper at least one week prior to the test. The Planning Director shall approve the newspaper notice. The results of the balloon test shall be incorporated into a computerized simulation submitted to the Department of Planning and Zoning 10 days prior to the Planning Commission meeting. The computerized simulation shall illustrate the wireless communications tower at the proposed height, antenna arrangements, maximum number of collocation antennas, and the color scheme of the entire structure, including accessory structures.

14.

A project location map and narrative description of the proposed wireless communications tower site documenting the area of potential effect, including but not limited to residential properties, public rights-of-way, historical sites, parks, conservation areas and other significant existing structures, shall be provided.

15.

16.

If located outside of a wireless communication priority placement area, the applicant shall provide a coverage/interference analysis and capacity analysis with the site plan application that demonstrates that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless communications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antenna at an alternative site.

17.

At the applicant's expense, the site plan application for a new wireless communications tower shall be accompanied by a report prepared by an independent engineer stating:

It is technically impossible to provide a reasonable level of service by collocating wireless communications antennas on existing structures and that existing wireless communications towers are not adequate to meet the coverage needs for any proposed wireless communications tower, if located outside of a wireless communication priority placement area, and provide sufficient factual detail to support those conclusions.

Frequency of transmission of all proposed antennas on the wireless communications tower.

Power and size of proposed antennas in effective radiated power (ERP).

Azimuth of antennas.

Down-tilt of antennas.

Calculations utilized to justify design requirements (i.e., engineering trade-off analysis between height, ERP, antenna performance and coverage area).

18.

The Board of Appeals may require a review of the applicant's engineer's report by an independent consultant of its choosing, the cost of the review to be borne by the applicant.

32.4

Solar energy systems.

General requirements. The following apply to all solar energy systems (SES)

Procedures for approval.

Small-scale SES require a building permit and a planting plan for screening.

Medium-scale SES require a major site plan, building permit, and a landscaping and screening plan.

Large-scale SES require a special exception, major site plan, building permit, a landscaping and screening plan, Reservation of Development Rights Agreement(s), and/or mitigation as set forth in Subsection D below.

[Amended 10-11-2022 by Bill No. 1524]

Other site specific approvals, such as nontidal wetland permits, forest conservation plans, forest preservation plans, and habitat protection plans, are also required.

The removal of topsoil on agricultural land shall be minimized to the maximum extent practicable, and all topsoil shall remain on site unless otherwise addressed in a decommissioning plan as set forth in Subsection C below.

[Added 10-11-2022 by Bill No. 1524]

Siting requirements:

Rooftop solar systems or projects above existing lot coverage are preferable.

Height:

Rooftop solar systems shall not extend more than 10 feet above the surface of the roof. The total height of the building or structure, including the solar collection devices, shall comply with the height regulations established in this chapter.

ii.

Ground-mounted solar systems shall not exceed 16 feet in height.

iii.

Ground-mounted solar systems that function as a roof above a parking area shall be subject to applicable accessory structure height limits.

SES shall be sited to maximize on-site agricultural opportunities on remaining agricultural lands to the greatest extent possible. SES shall be sited to preserve existing viewsheds along scenic byways to the greatest extent possible.

SES in residential districts shall be located in a side or rear yard to the extent practicable.

Projects that result in significant loss of prime agricultural land or undue impacts to forests, wetlands, habitat protection areas, other natural resources, or environmentally sensitive areas are strongly discouraged and shall be redesigned to avoid or minimize impacts to the maximum extent practicable.

Landscaping and screening waiver.

In locations where natural features and existing vegetation are proven to meet the screening objectives of this section, the Planning Commission may waive landscaping and screening requirements in accordance with § 190-62.

Lighting.

If lighting is required it shall be activated by motion sensors and shall be fully shielded and downcast to prevent the light from shining onto adjacent parcels or into the night sky.

Site maintenance.

The property owner and SES owner shall be jointly and severally responsible to maintain the SES site as follows:

Vegetation and ground cover shall be established and maintained.

[Amended 10-11-2022 by Bill No. 1524]

ii.

Noxious weeds shall be controlled in accordance with state law.

Lot coverage.

SES above pervious surfaces within the Critical Area are subject to lot coverage requirements and stormwater regulations.

Except for gravel driplines and other impervious surfaces, SES outside the Critical Area are exempt from lot coverage requirements but are not exempt from stormwater regulations.

Small-scale SES. The following requirements apply to small-scale SES.

Screening.

Small-scale SES shall be screened to shield the system from public view to the maximum extent practicable. Screening shall be designated on a planting plan approved by the Planning Director and shall be maintained throughout the existence of the SES.

Setbacks.

Small-scale SES shall comply with required setbacks for the parcel size in the zoning district where the project is located.

Medium-and large-scale SES. The following requirements apply to medium- and large-scale SES:

Size limitation.

The combined additional aggregate acreage in the agricultural and resource zoning districts (AC, WRC, RC, CP) utilized throughout the County by medium- and large-scale SES shall not exceed 0.5% of the total land area in the AC, WRC, RC, and CP Zones, or not more than 726 new acres after February 11, 2017.

Setbacks.

Setbacks shall be 150 feet from all property lines and edges of rights-of-way. Setbacks may be reduced to minimum setbacks in the base zoning district or any applicable overlay district, whichever is greater, with written consent from the affected adjacent property owner.

Setbacks shall not be less than required in the base zoning district or overlay, whichever is greater, without a variance.

Screening.

The applicant shall submit a landscaping and screening plan, prepared by a licensed professional, along with the major site plan application, to provide vegetative screening from adjoining lands and road rights-of-way and road easements. The plan shall identify existing vegetation, including species, size, and the location of all proposed plant materials to be used for buffering and screening of the SES. Screening shall include a minimum of two staggered rows of evergreen screen trees, interspersed with shrubs and low-lying native vegetation, or an equivalent approved by the SES approving authority. The evergreen trees shall be a minimum of six feet in height when planted, or an equivalent combination of tree and berm height. The plant species shall be only those noted within the approved Talbot County plant species list for screening and landscaping, unless authorized to substitute on an approved planting plan. Existing vegetation within or near a required planting area that meets or exceeds these standards may be used to satisfy screening requirements. All required screening shall be maintained in a live, healthy condition for the duration of the SES and shall be replaced by the owner as necessary to maintain all required screening to the satisfaction of the Planning Director.

Fencing.

The SES shall be enclosed by a fence or other appropriate barrier to prevent unauthorized persons or vehicles from gaining access.

Signage.

A sign, not to exceed one square foot, shall be posted at each entrance to the SES to identify the property owner, the SES owner, their contact phone numbers and emergency contact information. Information on the sign shall be kept current and the property and SES owners shall provide all updated information to the Planning Director.

Signage indicating "DANGER - HIGH VOLTAGE - KEEP OUT" shall be posted along all SES exterior fencing or barriers.

Placards shall be posted to identify the location of the AC power supply emergency disconnects. All other signage required by the electrical, building, or fire code shall be posted as required.

No other signage shall be permitted without approval from the County.

The site, fencing, or barriers shall not be used to display any advertisements.

Abandonment.

SES that cease to produce electricity continuously for one year shall be presumed abandoned. The property owner may overcome this presumption by substantial evidence, satisfactory to the Planning Director, that cessation of the use occurred from causes beyond the owner's reasonable control, that there is no intent to abandon the system, and that resumption of use of the existing system is reasonably practicable.

Following abandonment, the operator and landowner shall remove all equipment and systems and restore the site as near as practicable to its original condition. The obligation of the operator and owner to remove the SES and restore the site shall be joint and several.

Failure to comply with the requirements of this section shall authorize, but not require, the County to remove the SES and restore the site in accordance with the approved decommissioning plan.

Public notice. Prior to filing an application for a site plan for medium- or large-scale SES or special exception for large-scale SES, an applicant shall:

Erect a sign on the proposed site notifying the public of the applicant's intent to construct a medium- or large-scale SES. The sign design and size shall be approved by the Planning Director.

[Amended 10-11-2022 by Bill No. 1524]

Publish in the local newspaper, at the applicant's expense, public notice of the applicant's request for the proposed SES, identifying the proposed location, type, height, setbacks, screening, etc. The public notice shall include a map showing the proposed location of the SES site, shall advise the public that a community meeting to discuss the proposed site plan application shall be open to the public and shall be held at least one week prior to the Planning Commission meeting at which the SES site plan application will be heard. The public notice shall be pre-approved by the Planning Director.

Decommissioning. A decommissioning plan shall be required. The plan shall include:

The expiration date of the contract, lease, easement, or other agreement for installation of the SES and a timeframe for removal of the SES within one year following termination of the use.

A requirement that the operator and property owner provide written notice to the County whenever a SES is out of active production for more than six months.

Except as otherwise provided in Subsection C.8.j below, removal of all above and underground equipment, structures, fencing and foundations. All components shall be completely removed from the subject parcel upon decommissioning to the maximum extent practicable, as determined by the Planning Director.

[Amended 10-11-2022 by Bill No. 1524]

Removal of substations, overhead poles, aboveground electric lines located on-site or within a public right-of-way that are not usable by any other public or private utility.

Except as otherwise provided in Subsection C.8.j below, removal of lot coverage and access roads associated with the SES.

[Amended 10-11-2022 by Bill No. 1524]

Re-grading and, if required, placement of like-kind topsoil after removal of all structures and equipment.

Re-vegetation of disturbed areas with native seed mixes and plant species suitable to the area or evidence of an approved nutrient management plan.

A recordable covenant executed by the property owner to reclaim the site in accordance with the decommissioning plan and associated approvals upon cessation of the use.

A requirement for County inspection and approval of the decommissioning and reclamation of the SES site.

For agricultural land, a plan for restoring the land to a condition suitable for permitted uses following decommissioning and reclamation of the SES site, which may include the retention of fencing and access roads if requested by the property owner and approved by the Planning Director.

[Added 10-11-2022 by Bill No. 1524]

The responsible party(ies) and an estimated cost schedule with line items for decommissioning, dismantling, and lawful disposal of all components. The plan must address site conditions after decommissioning and require recycling and reuse of materials, if possible.

[Added 10-11-2022 by Bill No. 1524]

The decommissioning plan and the estimated cost schedule provided for in Subsection C.8.k above shall be updated and resubmitted to the Planning Director for review and approval every five years.

[Added 10-11-2022 by Bill No. 1524[1]]

[1]

Editor's Note This bill also redesignated former Subsection C.9 as Subsection C.10.

10.

Financial assurance. The operator or property owner of a medium- or large-scale SES shall provide a bond, surety, letter of credit, lien instrument, funds to be held in escrow, or other financial assurance in a form and amount acceptable to the County to secure payment of 125% of the anticipated cost of removal of all equipment, structures, fencing, above or below ground level, and any accessory structures, and restoration of the site in accordance with the requirements of this section if use of the SES is discontinued continuously for one year. The financial assurance shall be provided prior to issuance of a building permit and shall be renewed so as to remain in full force and effect while the SES remains in place. The financial assurance shall require the obligor and the owner to provide at least 90 days' prior written notice to the County of its expiration or nonrenewal. The Planning Director may adjust the form and amount of the financial assurance as reasonably necessary from time to time to insure the same is adequate to cover the cost of decommissioning, removal and restoration of the site.

[Amended 10-11-2022 by Bill No. 1524]

Large-scale SES. The following requirements apply to large-scale SES:

Location.

[Amended 10-11-2022 by Bill No. 1524]

Large-scale SES are prohibited in the RC Zoning District.

A parcel of agricultural land upon which a large-scale SES designed to produce more than two megawatts (2 MW) of power is proposed to be sited shall be evaluated on the Talbot County Maryland Agricultural Land Preservation Foundation ("MALPF") evaluation criteria. The Stewardship Practices in Section B.3 thereof shall be excluded from the final score. If the parcel's final score exceeds 240, the large-scale SES shall not be sited on the parcel, notwithstanding any other provision of this chapter to the contrary. This Subsection D.1.b shall not apply to any large-scale SES that was granted a special exception by the Board of Appeals or had an active PJM New Services Queue number assigned prior to October 11, 2022, and that does not exceed 375 acres enclosed by a fence or developed with photovoltaic panels.

Mitigation.

Large-scale SES shall provide mitigation as follows:

[Amended 10-11-2022 by Bill No. 1524]

Any large-scale SES, or portion thereof, proposed to be sited on agricultural land shall provide mitigation through an offset payment. The amount of the offset shall be determined by multiplying the amount of acres taken out of agricultural use by a per-acre fee. The per-acre fee shall be equivalent to the average of the accepted Round One offers for agricultural land preservation easement acquisitions in the County by the MALPF for the most recent funding cycle in which such Round One offers were accepted preceding the date on which the preapplication for SES approval is filed with the County. All offset payments shall be applied toward the County's contribution to the MALPF Matching Funds Program, which shall be used to purchase agricultural land easements in the County. The offset payment shall be paid to the County prior to the issuance of the SES building permit.

ii.

Any large-scale SES, or portion thereof, proposed to be sited on land other than agricultural land shall provide mitigation through a Reservation of Development Rights Agreement approved by the County and recorded among the land records of Talbot County, reserving development rights on an equivalent area of land in the AC, WRC, RC or CP Zoning District.

The required mitigation through the Reservation of Development Rights Agreement shall remain in place and shall be extended as necessary until the SES is abandoned or discontinued, the decommissioning plan has been implemented, the work inspected and approved by the County and applicable portions of the project area have been converted back to active agricultural production.

Upon termination of the original lease term and any extensions, if the SES is to remain active, mitigation shall be provided pursuant to requirements in effect at that time.

Development rights.

An approved SES not subject to Subsection D.2.a.i above shall utilize development rights equal to the number of rights attributable to the project area with a minimum reservation of one development right. The property owner shall set aside the requisite number of development rights by a Reservation of Development Rights Agreement approved by the County and recorded among the land records of Talbot County. The Agreement shall restrict development and density rights on the balance of the property to the extent the SES has used those rights for the SES until the SES has been removed, the decommissioning plan has been implemented and the site has been inspected and approved by the County. The number of rights placed under reservation shall be calculated using the base density multiplied by the total area of land encumbered by the SES and all its appurtenances.

[Amended 10-11-2022 by Bill No. 1524]

Provided a minimum of six acres is unencumbered by the SES, the three additional development rights permitted in the AC, CP, WRC, and TC Zoning Districts shall be excluded from the required reservation of development rights. The remaining land unencumbered by the SES and the Reservation of Development Rights Agreement may be developed in accordance with the cluster requirements as defined in this chapter.

Lots, parcels, or parts thereof are ineligible for large-scale SES if the development rights have already been preserved, conserved, reserved or otherwise allocated for the area of land to be utilized for the SES.

Public notice.

Prior to filing an application for a site plan or special exception, an applicant shall mail written notice of the SES proposal to all adjoining property owners, including property owners across water bodies that are within 1,000 feet of the property proposed for the SES site.

At least one week prior to the Planning Commission meeting at which the SES site plan application is scheduled to be reviewed, the applicant shall conduct a community meeting open to the public to discuss the proposed site plan application. The applicant shall conduct the community meeting. The meeting shall be held at the applicant's expense and staffing. County staff is not required to attend the community meeting.

32.5

Utility services, nonessential.

Excludes essential utility services.

Includes utility transmission facilities.

In the RC District:

Excludes generation of electricity.

Must meet the definition of a local government agency action in accordance with COMAR 27.02.

32.6

Utility structures: excludes essential utility services.

32.7

Wind turbine towers.

Small wind turbine uses. The following are specific requirements for small wind turbine systems and small wind turbine production facilities.

Small wind turbine systems:

Must comply with all general requirements listed in Subsection B below.

Are limited to a minimum lot size of five acres. This is not applicable to small wind turbine towers and windmills with a total height of 40 feet or less.

Are limited to a maximum of one small wind turbine tower on parcels 20 acres or less.

Are limited to a maximum of two small wind turbine towers on parcels greater than 20 acres.

Shall be limited to single-site consumption.

Sound levels shall not exceed dBA levels specified in the noise standards of the Talbot County Code.

Shall not exceed a cumulative metering rate of 100 kilowatts on a single site.

Include windmills limited to a total height of less than 75 feet.

Small wind turbine production facilities:

Must comply with all general requirements listed in Subsection B below.

Are limited to a minimum lot size of 10 acres.

Shall provide an engineering report stating the proposed small wind turbine tower does not exceed the minimum height necessary to accomplish the purpose for which it is constructed.

Shall be limited to off-site or a combination of both off-site and single-site consumption.

Sound levels shall not exceed dBA levels specified in the noise standards of the Talbot County Code.

May have cumulative metering rates that exceed 100 kilowatts.

General requirements. All small wind turbine systems and small wind turbine production facilities shall be subject to the following general requirements:

All small wind turbine systems with a total height of 75 feet or higher shall be subject to a major site plan review.

All small wind turbine production facilities shall be subject to a major site plan review.

Prior to the Planning Commission meeting for a small wind turbine production facility, the applicant shall perform a highly visible balloon test lasting a minimum of 30 minutes. The date, location, and beginning and ending time of the test shall be published in a local newspaper at least one week prior to the test. The Planning Director shall approve the newspaper notice. The results of the balloon test shall be incorporated into a computerized simulation submitted to the Department of Planning and Zoning 10 days prior to the Planning Commission meeting. The computerized simulation shall illustrate the small wind turbine tower at the proposed height and color scheme.

All small wind turbine towers shall comply with all guidelines and procedures provided by the Talbot County Office of Permits and Inspections.

The ground base of any small wind turbine tower shall be set back from any property lines, road rights-of-way and overhead utility lines a distance that is the total height of the small wind turbine tower plus 10 feet. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance.

The blade tip of a small wind turbine tower, at its lowest point, shall be a minimum 30 feet above any obstruction within 300 feet. This is not applicable to vertical-axis wind turbines (VAWT) and windmills.

Small wind turbine towers shall be located a minimum distance of 30 feet from any other structure on the same lot or parcel. This is not applicable to vertical-axis wind turbines (VAWT) and windmills.

The distance between small wind turbine towers shall be a minimum of 10 times the length of the blade or foil.

The total height of a small wind turbine tower shall be no higher than necessary to access adequate winds but in no case shall exceed 160 feet. The total height is measured from the lowest finished grade elevation at the base to the uppermost tip of the blade. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance.

10.

The blade tip of any small wind turbine tower shall, at its lowest point, have ground clearance of no less than 25 feet, as measured at the lowest point of the arc of the blades from the lowest finished grade elevation at the base. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County. This is not applicable to vertical-axis wind turbines (VAWT).

11.

The blade tip or foil of any vertical-axis wind turbine (VAWT) shall, at its lowest point, have ground clearance of no less than 12 feet, as measured at the lowest point of the arc of the blades from the lowest finished grade elevation at the base. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County.

12.

The building permit or major site plan application shall be accompanied by a letter from a local utility company acknowledging the applicants intend to install a small wind turbine tower. This is not applicable to windmills.

13.

All electrical wires associated with a small wind turbine tower, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

14.

The small wind turbine tower shall be designed to minimize environmental impact.

15.

The small wind turbine tower shall not be used for the displaying of any advertisements.

16.

Warning signs and signs identifying the manufacturer, installer, or owner of the small wind turbine tower shall be attached to the tower, not to exceed one square foot in size. No other signage shall be permitted without approval from the County.

17.

The small wind turbine tower shall be a self-supporting monopole or lattice structure.

18.

The small wind turbine tower shall not be sited on piers or other water-dependent facilities in accordance with the Annotated Code of Maryland, § 16-104.[2]

[2]

Editor's Note: See Environment Article, § 16-104, of the Annotated Code of Maryland.

19.

The small wind turbine tower shall not be lit unless required by federal or state regulations. If lighting is required, the least-intensive approved lighting shall be used.

20.

The small wind turbine rated capacity shall be calculated using the current Maryland Energy Administration (MEA) standard.

21.

The small wind turbine tower shall be designed so as to prohibit step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the lowest finished grade elevation at the base. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County. This is not applicable to vertical-axis wind turbines (VAWT).

22.

Pursuant to any request for code compliance regarding an abandoned or inoperable wind turbine tower, the burden of proof indicating current wind energy production shall be upon the owner of the land. A determination made by the County regarding wind turbine inoperability or abandonment may be appealed to the Talbot County Board of Appeals.

23.

Any small wind turbine tower found to be abandoned or unsafe by the County Engineer shall be repaired or removed by the landowner. A small wind turbine tower that fails to operate, or is out of service for a continuous twelve-month period, shall be deemed to be abandoned.

24.

A wind turbine tower shall be removed within 90 days of abandonment. Failure to comply within the period of time specified above will result in the complete removal of the abandoned wind turbine tower by Talbot County. As provided by code, all costs associated with this action incurred by Talbot County will be forwarded to the property owner for payment. Should the property owner fail to make payment to Talbot County within 30 days of turbine tower removal, the costs shall be charged to the owner of such property on the next regular real estate tax bill forwarded to such owner by the County, and said charges shall become a lien on the property and be due and payable by said owner at the time of payment of such bill.

25.

The small wind turbine tower must comply with all regulations of the Federal Aviation Administration (FAA), if applicable, including any necessary approvals for installations within the Airport Overlay Zone.

32.8

Septage treatment facilities.

Minimum setback: 300 feet.

Minimum distance from existing residences: 1,000 feet.

32.9

Wastewater treatment plant. A wastewater treatment plant in the RC District may only serve other properties in the RC District. It may not serve areas outside the Critical Area or areas within the Critical Area in the LDA or IDA land management areas.

32.10

Water treatment and storage facilities. A wastewater treatment plant in the RC District may only serve other properties in the RC District. It may not serve areas outside the Critical Area or areas within the Critical Area in the LDA or IDA land management areas.

32.11

Landing strips, private.

Forty-acre minimum lot size.

Minimum two-hundred-foot setback.

Shall be maintained in grass or similar low vegetation.

Helicopter landing facilities are prohibited.

§ 190-33 Accessory uses.

33.1

Accessory uses, general requirements.

Principal use or structure required. Except as allowed by this section, an accessory use or structure may be established only if a principal use or primary structure exists on the lot or parcel; or if construction of the primary structure has begun to the point of putting in place footings and foundation members and is diligently pursued.

On lots without a principal use or structure.

An accessory storage structure may be approved as a special exception on a lot without a principal use or structure, as listed in the Table of Land Uses (Table IV-1) and § 190-33.24 below under "Storage building prior to construction of a primary structure."

An accessory storage structure is also permitted as a temporary use during construction, as provided in § 190-34.2.A, "Accessory building prior to construction of a primary structure."

If a proposed subdivision would create a lot with an existing private pier but no principal use or primary structure, the pier may be retained subject to approval of a waiver. The waiver must be approved by the approving authority for the plat prior to or at the time of subdivision plan approval.[1]

[1]

Editor's Note: Former Subsection B.4, regarding accessory residential private piers, added 2-9-2021 by Bill No. 1468, which immediately followed, was repealed 4-25-2023 by Bill No. 1528.

Accessory land uses in Table IV-1. Certain specific accessory uses are listed in Table IV-1. Requirements for these uses are listed below.

Bulk requirements. See § 190-12.3 for bulk requirements specific to accessory structures.

33.2

Agriculture uses and structures, accessory.

Includes farm buildings, barns, dairy barns, cribs, sheds, stables, tool rooms, workshops, farm-related offices, tanks, silos; open or enclosed storage of farm materials, products, equipment or vehicles; petroleum storage, not for resale, subject to County, state, and federal regulations; and grain flow and field blending and packaging including milling, drying and storing.

Minimum setback for structures for animal manure, composting and similar purposes: 200 feet.

Minimum setback for stables and dairy barns: 100 feet.

Value-added production of farm products is permitted, subject to the following:

The primary product being processed is grown on or produced by the farm doing the processing.

The processing use is subordinate to and supports the agricultural use of the property.

33.3

Bed-and-breakfast.

A use certificate is required.

The use certificate shall be renewed annually. Renewal may require a site inspection.

In the Chesapeake Bay Critical Area, a bed-and-breakfast shall only be permitted in a primary dwelling existing as of August 13, 1989. Enlargement of the primary dwelling may not exceed 50% of the gross floor area which existed as of August 13, 1989.

Minimum lot size in an RC (Rural Conservation) or RR (Rural Residential) Zoning District: two acres.

Bed-and-breakfast uses shall be a minimum of 500 feet apart. For purposes of this subsection, the measurement shall not be taken over navigable water and shall be taken between structures used for the bed-and-breakfast use and not between property lines.

A bed-and-breakfast enterprise shall have no more than six guest bedrooms, accommodating no more than 12 guests at any one time. No paying guest shall stay on any one visit for more than 30 days.

Guest rooms shall have no primary outside entrance.

Guest parking shall be provided in a side or rear yard.

Meal service is limited to one daily meal between 4:00 a.m. and 11:00 a.m. per paying overnight guest. Meal service is subject to State Health Department approval of food preparation areas.

Bed-and-breakfast accommodations shall be operated by the property owner who must occupy the residence. Any new owner of a residence in which a bed-and-breakfast is operated must apply for a new use certificate.

Bed-and-breakfast enterprises shall pay the Talbot County accommodations tax for each guest bedroom. Should such accommodation tax not be paid for a two-year period, the use certificate will be revoked.

A bed-and-breakfast may be used for weddings, receptions and similar events, provided that:

All areas used for such events shall be at least 500 feet from a primary residential structure on a neighboring property;

Each event shall be limited to no more than 100 guests;

No outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.;

Such events shall take place on no more than six days per calendar year; and

The operator of the bed-and-breakfast must apply for a use certificate at least 30 days prior to the event.

In the RC District rental of nonmotorized water craft may be permitted as a special exception, accessory to the bed-and-breakfast use, subject to the following:

Rental shall be limited to guest(s) of the bed-and-breakfast.

Only structures existing on November 25, 2003, may be used for the rental and storage associated with the use.

Access to the structure shall be from a collector or arterial highway.

Maximum number of craft: 12.

33.4

Bridges, private, which cross tidal waters.

A private bridge is permitted only if necessary to provide access to a property for a residential or water-dependent use.

Setbacks for the private bridge shall be the same as for other structures unless the bridge directly abuts an existing public road; then setbacks are waived.

33.5

Cottage industry. See also home occupation.

Uses appropriate as cottage industries. The following list indicates uses that would be appropriate as cottage industries.

Craftsman (cabinetmaker, furniture maker, saddler, gunsmith etc.).

Property maintenance and landscape contractors.

Farm equipment services and repairs.

Firewood harvesting and sales.

Home improvement contractors (plumber, heating/air-conditioning technician, carpenter, mason, electrician, roofer, glazier, painter, etc.).

Septic, sewer or drain service.

Vehicle and boat repair, detailing or painting conducted exclusively inside an accessory structure.

Wholesale seafood distribution without operation of truck refrigeration units on the property.

Standards for cottage industries.

Minimum lot size: five acres.

The cottage industry shall not occupy more than 3,000 square feet in a single accessory structure or in a combination of accessory structures, unless minimum lot size exceeds 10 acres in size, in which case the accessory structure(s) may occupy up to but not more than 5,000 square feet.

No more than one cottage industry per residence or lot is permitted. The use shall be incidental and secondary to the use of the residential dwelling.

Major site plan approval is required. See Article VII.

A use certificate is required for continued operation of all cottage industries. Cottage industry use certificates shall be renewed every two years. The County shall conduct a site inspection to ensure compliance with the terms and conditions of the original approval, including any amendments, as a condition of renewal.

The property used for the cottage industry shall contain the primary residence of the proprietor.

If the proprietor is not the property owner, evidence of permission of the property owner to use the property for the cottage industry must be provided to the Planning Director.

Setbacks for structures and outdoor storage, loading, operations or parking areas:

From neighboring property lines: 150 feet.

From neighboring residences: 200 feet.

From tidally influenced waters: 100 feet.

The following requirements apply to outdoor areas used for equipment or material storage, repair or work areas, and parking, loading or circulation of trucks with a gross vehicle weight rating over 10,000 pounds. Such outdoor areas shall:

Occupy no more than 10,000 square feet;

Be limited to locations shown on the approved site plan; and

Be screened from adjacent properties, public ways, and shorelines by a Type D landscape yard (§ 190-40.5.C), or an equivalent combination of vegetation, setbacks and topography.

10.

Truck limits:

No more than two trucks used for the cottage industry may be based on the lot (parked during non-business hours), unless minimum lot size exceeds 10 acres in size, in which case up to but not more than five trucks are permitted.

Unless located on a state roadway or County collector roadway, as identified on the Functional Classification of Roads Map of the County Comprehensive Plan, the cottage industry shall not generate visits to the site by trucks with a gross vehicle weight rating over 16,000 pounds.

[Amended 7-9-2019 by Bill No. 1412]

On any single day, no more than 10 truck trips may be generated by the cottage industry (excluding employee's commuter vehicles arriving at or leaving the site), with no more than four trips by trucks with GVWR of 10,000 pounds or more.

[Amended 7-9-2019 by Bill No. 1412]

11.

Adequate, dust-free areas shall be provided for safe on-site circulation and parking of vehicles related to the cottage industry.

12.

Any change, enlargement or alteration of a cottage industry use, or of the structure and facility occupied by the use, shall require site plan approval.

13.

New accessory structures for cottage industries:

Proprietors who desire to construct a new accessory structure for a cottage industry must own and reside on the property.

Proprietors of a cottage industry operated on land owned by an immediate family member may be allowed to construct a new accessory structure.

Proprietors who rent their primary residence on property that contains the cottage industry must operate the cottage industry using existing accessory structures only.

New accessory structures shall be limited to a roof ridge height of not greater than 25 feet.

14.

No more than five nonresident employees shall report to a cottage industry site, unless minimum lot size exceeds 10 acres in size, in which case up to but not more than seven employees are permitted.

15.

In the VR, VH or VM District employees shall not report prior to 7:00 a.m. or leave after 9:00 p.m.

16.

No use shall require internal or external construction features or the use of electrical, mechanical, or other equipment that would change the fire rating of the structure or in any way increase the fire danger to neighboring structures or residences.

17.

Cottage industries shall not conduct retail sales. In this section, "retail sales" means providing goods directly to the customers where such goods are displayed on site and are available for immediate purchase and removal from the premises by the purchaser. "Retail sales" does not include:

Displaying goods on line or by catalogue where the customer browses and completes the purchase remotely, such as on line, by phone, or mail, and the purchased goods are then shipped to the customer;

Maintaining a workshop or showroom displaying a limited selection of custom-made goods; or

Passing along to the customer the cost of new parts or components needed to repair or modify an item.

18.

Cottage industries shall comply with all federal, state or local regulations, including without limitation, obtaining all necessary governmental approvals.

19.

Cottage industries on lots less than five acres and approved prior to adoption of this chapter:

All work associated with the cottage industry must be carried out in an accessory structure.

All materials and equipment associated with the cottage industry shall be stored inside the accessory structure.

33.6

Dwelling, accessory.

One accessory dwelling is permitted on the same lot as a single-family detached dwelling unit.

An accessory dwelling shall not be included in density calculations.

An accessory dwelling may be:

Within the primary dwelling; or

Within an accessory structure, such as over a detached garage; or

A detached accessory dwelling.

Permitted use of accessory dwellings:

The property owner may live on-site and rent one of the dwellings, or may rent the entire property. The primary dwelling and accessory dwelling shall not be rented to different tenants, and a tenant shall not sublease one of the dwellings.

The accessory dwelling may be used as a guest house or an employee dwelling.

An accessory dwelling in a detached accessory structures shall not be used as or in conjunction with a bed-and-breakfast establishment.

Standards for accessory dwellings within the primary dwelling:

Limited to a minimum of 300 square feet of gross floor area and a maximum of no more than 35% of the gross floor area of the primary residence or 900 square feet of gross floor area, whichever is less.

The dwelling shall retain the appearance of a single-family home.

Standards for detached accessory dwellings:

A detached accessory dwelling is permitted only on a lot of at least one acre, if a private septic system is used, or on lots of at least 1/2 acre if served by a public sewer system.

The accessory dwelling shall be generally compatible in design with the primary dwelling.

Double-wide manufactured dwellings are permitted subject to the standards for single-family detached dwellings (§ 190-27.1).

On lots of five acres or less, the accessory dwelling shall:

Be limited to 900 square feet of gross floor area, including porches and decks,

Use the same sewage disposal system as the primary dwelling;

Use the same driveway access.

For lots over five acres, the accessory dwelling shall be limited to no more than 1,500 square feet of gross floor area, including porches and decks.

Subject to recordation of a nonconversion agreement, unconditioned gross floor area within an accessory structure used solely for parking of vehicles or limited storage of household or yard goods shall not count toward the size limits of Subsection F.4 and 5 above.

A single accessory dwelling is permitted in the RC District subject to the following requirements.

Maximum 900 square feet of gross floor area, including porch and decks.

The entire perimeter of the accessory dwelling must be located within 100 feet of the primary dwelling unit.

Housing shall be served by the same sewage disposal system as the primary dwelling unit.

The additional dwelling unit, meeting the criteria of Subsections A through C above, may not be subdivided or conveyed separately from the primary dwelling unit.

The County shall maintain records of all building permits issued under this section for additional dwelling units considered part of a primary dwelling unit and shall provide this information on a quarterly basis to the Critical Area Commission.

An accessory apartment that is detached or in a detached accessory structure shall not be subdivided or sold separately from the primary residence unless each lot meets current density standards and each dwelling unit meets current bulk requirements. Subdivision shall not create or result in a nonconforming lot or structure.

33.7

Dwelling, accessory to agricultural use.

Manufactured or mobile homes. Manufactured or mobile homes accessory to agricultural uses are permitted for full-time tenant labor or members of the immediate family of the owner of the farm subject to the following conditions:

Required minimum acreage in active farm production: 50 acres.

The manufactured or mobile home(s) shall be located in the immediate vicinity of and be an integral part of the complex composed of other major farm buildings and shall be located no more than 300 feet from the complex.

Minimum setbacks from property lines: 200 feet.

Maximum number of homes without a special exception: two.

Maximum number of homes with a special exception: four. An additional 50 acres of farm property in active production is required for each additional home above two.

The manufactured or mobile home shall not be rented, sold separately or subdivided from the primary residence unless each lot meets current density standards and each dwelling unit meets current design standards from existing and proposed property lines. Subdivision shall not create or result in a nonconforming lot or structure.

The manufactured or mobile home shall be placed on a permanent foundation, securely anchored, and provided with skirting of a suitable material.

Farm tenant dwelling units other than manufactured or mobile homes. The following non-manufactured/non-mobile-home dwellings for full-time tenant labor shall be permitted:

For a farm with more than 150 contiguous acres in active production, one additional dwelling unit.

For each additional 100 acres in excess of 150 acres, one additional dwelling unit.

A farm with the additional tenant dwelling units shall not exceed the maximum density allowed under this chapter.

A dwelling accessory to agricultural use shall not be rented, sold separately, or subdivided from the primary residence unless each lot meets current density standards and each dwelling unit meets current design standards from existing and proposed property lines. Subdivision shall not create or result in a nonconforming lot or structure.

33.8

Dwelling, accessory to commercial use.

The commercial use must remain in operation.

A single accessory dwelling may be located either within the commercial structure or within an accessory structure.

The property may contain two accessory dwelling units in addition to the principal commercial use, provided at least one dwelling is located within the commercial structure.

33.9

Dwelling, seasonal agricultural employee.

Twenty-acre minimum lot size.

Two-hundred-foot setback from property lines.

Not more than 15 units, with six persons per unit.

A seasonal agricultural employee dwelling shall not be rented, sold separately, or subdivided from the primary residence unless each lot meets current density standards and each dwelling unit meets current design standards from existing and proposed property lines. Subdivision shall not create or result in a nonconforming lot or structure.

33.10

Event venue, accessory to agriculture.

For all event venues:

The use must be located on a property that is and remains actively farmed and is granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

The use is permitted only partially outside of permanent structures and partially inside of one or more permanent structures or entirely inside of one or more permanent structures.

To the maximum extent practicable, the event venue shall be confined to the portion of the farm site that includes the majority of the agricultural structures currently located on the parcel.

A site plan is required. The site plan shall delineate any existing agricultural structures that will support the event venue and shall include areas at a minimum proposed for parking, access, and storage; the location and height of outdoor lighting; the location of any stage, structure or other location where music will be performed; and proposed screening.

The maximum number of guests and hours of operation shall be stated on the site plan.

New structures shall complement or enhance, rather than detract, from the rural environment.

The event venue location shall not displace any existing tree cover or vegetation that serves as a buffer between adjoining properties.

A Type D landscape yard shall be established between outdoor use areas (guest areas, parking and storage) and adjoining residential properties.

The following shall apply for Board of Appeals review of the special exception:

The Board in its decision approving a special exception shall establish the maximum number of events permitted per year; the maximum number of guests per event; and the structures and outdoor areas allowed to be used in conjunction with the event venue.

A use certificate is not required for each event; however, records of all events shall be retained and made available to confirm compliance with the Board of Appeals decision if requested by the Code Enforcement Officer.

The special exception application shall include a traffic management plan which demonstrates how traffic entering and exiting the site for an event will be managed to ensure safe and convenient access to and from the site; include planned routes of vehicular access to the event venue; and depict on-site traffic circulation and travelways that can accommodate emergency vehicles.

The applicant shall demonstrate that the activities conducted as a part of the event venue will be located, designed and operated so as to not have significant adverse impacts on existing agricultural uses and activities.

The Board in its decision may increase the minimum required setbacks to mitigate any adverse impacts to abutting parcels.

Bulk requirements:

Minimum lot size: 20 acres.

Setbacks for structures and outdoor use areas: 200 feet from lot lines. Parking shall be set back 100 feet from all lot lines. Outdoor use areas shall be setback 200 feet from all lot lines.

All existing structures are required to be fully permitted, and shall be classified with respect to the occupancy group and the listed use, as determined by the Building Official. The applicant shall comply with all additional applicable County codes and any applicable food service regulations and on-site sewage disposal requirements of the Environmental Health Department.

33.11

Event venue, accessory.

All event venues shall:

Be located on a parcel containing an existing hotel/motel, inn, golf course and country club, marina or private educational institution use. This accessory use shall cease once the principal use is no longer operating.

Require site plan approval. The maximum number of guests and hours of operation shall be stated on the site plan.

A Type C landscape yard shall be established between outdoor use areas (guest areas, parking and storage) and adjoining residential properties.

The following shall apply for Board of Appeals review of the special exception:

No outdoor music shall be permitted unless specifically approved by the Board of Appeals. The hours of such music must be as established by the Board of Appeals but shall not be before 9:00 a.m. or after 10:00 p.m.

All applications in the Village Zoning Districts requesting outdoor amplified music shall include a noise compliance plan that includes a means for continuous electronic monitoring of sound levels from one hour prior to, until one hour after, the approved outdoor music time restriction, along with all materials required by the application form and checklist published by the Planning Office.

Structures for event uses are required to be fully permitted, and shall be classified with respect to the occupancy group and the listed use, as determined by the Building Official. The applicant shall comply with additional applicable County Codes and all applicable state and federal regulations to include food service, sewage disposal and ADA (the Americans with Disabilities Act) Standards for Accessible Design.

33.12

Home occupations. See also § 190-33.5, Cottage industry.

Uses appropriate as home occupations. The following list indicates uses that would be appropriate as home occupations:

Studios for the production of art, handicrafts, music, writing, photography, or similar, low-impact or handcrafted items;

Business or professional office;

Catering and production of food items (e.g., baked goods, candy);

Office and workshop/storage (no sales) for dealers in antiques and collectibles;

Direct sale product distribution (Amway, Avon, Tupperware, etc.), Internet sales businesses, and other types of sales;

Dressmaker, seamstress, tailor;

Cosmetology, including hair cutting and styling, manicure or pedicure, limited to two stations;

Massage therapists;

Mental health care practitioner;

10.

Pet grooming without overnight boarding or exterior kennels;

11.

Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items;

12.

Taxidermy;

13.

Tutoring, counseling, and other individualized instruction;

14.

Vending machine business.

Standards for home occupations.

A use certificate is required.

Home occupation use certificates shall be renewed every two years. Renewal may require a site inspection.

The home occupation must be conducted within a residence and/or an accessory structure on the same lot as the residence.

The use must be incidental and secondary to the use of the dwelling for residential purposes.

The home used for the home occupation shall be the primary residence of the proprietor.

If the proprietor is not the property owner, evidence of permission of the property owner to use the property for the home occupation must be provided to the Planning Director.

No more than three nonresident employees shall report to a home occupation site. Only one nonresident employee may remain on the site during any portion of the day.

Residential character.

The use shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.

Home-based occupations shall be conducted in such a manner as not to produce noise, dust, vibration, glare, smoke or smell, electrical interference, fire hazard, traffic, or any other nuisance not typically experienced in the zoning district where property is located.

Area.

All work associated with a home occupation shall be performed inside the residence or an accessory structure not to exceed 1,500 square feet. No more than 1,500 square feet of an accessory structure may be used for a home-based occupation. A combination of existing accessory structures may be used to achieve the one-thousand-five-hundred-square-foot maximum.

The area used for the home occupation shall not exceed 25% of the gross floor area of the residence.

More than one home-based occupation per residence or lot may be allowed, provided that the area limitations of Subsection B.9.a and b above are not exceeded.

10.

Outdoor storage of materials is not permitted.

11.

Deliveries of equipment, parts and supplies shall be limited to commercial delivery services (i.e., UPS, Federal Express, etc.).

12.

Customer, client or student visitation to the home-based occupation shall be scheduled to prevent an increase in vehicle trips not normally expected in a residential zone.

13.

Home occupations shall not conduct retail sales. In this section, "retail sales" means providing goods directly to the customers where such goods are displayed on site and are available for immediate purchase and removal from the premises by the purchaser. "Retail sales" does not include:

Displaying goods on line or by catalogue where the customer browses and completes the purchase remotely, such as on line, by phone, or mail, and the purchased goods are then shipped to the customer;

Maintaining a workshop or showroom displaying a limited selection of custom-made goods; or

Passing along to the customer the cost of new parts or components needed to repair or modify an item.

33.13

Poultry, waterfowl and game birds on residential lots.

Birds shall be maintained on the subject parcel and not permitted to run at large onto neighboring properties or roadways, and shall be maintained so that they do not constitute a nuisance due to noise, odor, or public health or safety concerns.

Structural enclosures shall meet minimum bulk requirements based on parcel size and zoning.

Roosters shall be permitted provided their enclosures are a minimum of 200 feet from neighboring residential dwellings.

On-site retail sale of eggs requires registration with the Maryland Department of Agriculture.

See agricultural production for lots larger than five acres.

33.14

Produce stands.

A use certificate is required, which must be renewed annually.

A produce stand shall not exceed 600 square feet in gross floor area, in one structure or cumulatively in more than one structure; this may include space in an owner-occupied accessory farm building.

All temporary structures shall be set back at least 25 feet from property lines and shall be located so as to provide safe ingress and egress from public roads.

Produce stands may use either a temporary or permanent structure, but shall not operate year-round.

Temporary structures, carts, or stands shall be removed from the roadside location when not in use.

A permanent structure:

Requires site plan approval;

Shall be secured and maintained in good condition throughout the year; and

Shall comply with setback requirements for the zoning district.

Produce stands may operate throughout the year except between January 15 and March 15.

An area around the sales structure, 25 feet deep and at least 25 feet from public roads, may be used for display of product.

33.15

Recreational vehicle parking.

In all zoning districts, one recreational vehicle may be stored on a lot as an accessory use to the residential structure.

The vehicle may be parked on the lot or parcel for storage only, and shall not be occupied or lived in.

The vehicle shall be placed in the rear or side yards only, and shall be located at least eight feet from all property lines.

No recreational vehicle shall be used as a principal permitted use.

33.16

Residential structures and uses, accessory.

Includes detached carports and garages, game courts, greenhouses, storage sheds, swimming pools and pool houses, and other structures not for human occupation.

Also includes accessory storage of equipment associated with a landowner's agricultural and aquaculture activities.

See also § 190-12.3 for specific requirements.

33.17

Retail, accessory to industrial.

Must be accessory to a principal use allowed in the LI District.

The area devoted to retail uses shall be approved by the Planning Commission through the site plan review process.

The gross floor area devoted to incidental retail sales shall not exceed 10% of the gross floor area of the principal use or 1,000 square feet, whichever is less.

33.18

Satellite dishes and private amateur (ham) radio towers.

Table IV-3 lists requirements for different types of satellite dishes and private amateur (ham) radio towers 75 feet or less, permitted as an accessory use.

Table IV-3.
Satellite Dishes and Private Amateur (Ham) Radio Towers
Type		Maximum Number Per Lot, Plus Standards If Any
A.	Residential-type UHF/VHF, radio, and compact satellite dishes, measuring less than 30 inches in diameter	3 satellite dishes
B.	Dishes 30 inches or greater in diameter	1.	One dish, located on the primary building or on the ground.
		2.	If located on a building, the dish must be located on the roof and be set back from the edge of the roof a distance equal to at least its height above the roof.
		3.	Dishes may not be placed in a front yard.
		4.	Screening is required when a ground-mounted dish is visible from a public right-of-way or surrounding property when viewed from ground level.
C.	Private amateur (ham) radio tower 75 feet high or less.	1.	One tower.
		2.	Minimum required setback shall be minimum base zoning setback plus one additional foot in setback for each foot in height over 40 feet.

33.19

Septic systems.

Limited to on-site systems serving a residential or commercial/industrial establishment.

Minimum setback from all property lines for sewage disposal area: 15 feet.

No septic system shall be placed in the Shoreline Development Buffer.

Septic systems in the RC District shall not serve development outside of the RC District or Critical Area unless a development right is allocated from each zoning district.

33.20

Short-term rental.

License required. A license issued pursuant to § 190-63 of this chapter is required for all short-term rentals. Short-term rentals without such license are prohibited. Anyone operating or advertising an unlicensed short-term rental shall be subject to a fine of not less than $500 and may not be entitled to apply for a short-term rental license for a period of not more than 12 months from the date of such violation. The Planning Director shall issue provisional short-term rental licenses valid until a decision by the approving authority is made on the license application or March 1, 2020, whichever occurs first, to applicants who meet the following criteria: (1) the applicant held a validly issued short-term rental license for the year 2018; ( 2) the applicant's 2018 license was not suspended or revoked due to a violation of the County's short-term rental code; (3) the applicant is diligently pursuing renewal of such license to operate in 2019; (4) the applicant filed the renewal application before September 1, 2019; and (5) the applicant has passed Talbot County Health Department potable water and sanitary facility inspections, as applicable, for the property.

[Amended 9-24-2019 by Bill No. 1434; 8-11-2020 by Bill No. 1446]

Eligibility. A short-term rental license may be issued for a primary residential dwelling unit or for an accessory dwelling unit on a property but not for both.

Operating guidelines.

The maximum number of persons permitted to be on-site associated with any short-term rental shall be limited at all times to the lesser of 12 persons or two persons per bedroom in the dwelling that is rented, excluding infants under 18 months of age.

[Amended 8-11-2020 by Bill No. 1446]

Three-night minimum stay for all short-term lease holders.

Outside areas intended for use by short-term tenants, such as decks, patios, porches, game courts, swimming pools, and similar areas, shall be screened from neighboring properties by one or more of the following prior to approval of a new short-term rental license:

Setbacks of at least 50 feet; or

A combination of vegetation and topographic features determined by the Planning Director or Short-Term Rental Review Board to provide sufficient separation and screening.[2]

[2]

Editor’s Note: With the permission of the County the word “If” was deleted from the beginning of this subsection.

Sufficient off-street parking spaces shall be provided to accommodate all short-term rental tenants' vehicles during any rental period.

The area for trash storage shall be identified on the site plan and located to minimize nuisance to neighbors.

During any short-term rental, no dwelling, grounds, or associated appurtenances shall be subleased or used for the following activities:

A wedding, reception, banquet, corporate retreat, fundraiser, or similar activities that would exceed the maximum persons permitted to be on-site associated with the short-term rental;

Fireworks; or

Any activity that exceeds the noise limitations established in the Talbot County Code.

Pets shall be leashed or confined at all times.

The owner of the short-term rental property shall be responsible for payment of the Talbot County Accommodations Tax and the Maryland Sales Tax.

The short-term rental property shall comply with the following standards, which shall be referred to as the "Minimum Safety Standards". The short-term rental shall:

[Amended 8-11-2020 by Bill No. 1446]

Be equipped with fire extinguishers in the kitchen or any other area in which flammable or combustible materials are kept or stored;

Be equipped with interconnected smoke alarms in each bedroom, outside of each sleeping area in the immediate vicinity of the bedrooms and on each additional story of the dwelling, including basements and habitable attics;

Have interconnected carbon monoxide alarms installed when fuel-fired appliances are present or the unit has an attached garage. Alarms shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. Combination carbon alarm and smoke alarms shall be permitted to be used in lieu of carbon monoxide alarms;

Have rescue openings present in every bedroom. All rescue openings must have a minimum clear opening of five square feet, with a minimum width of 20 inches and a minimum height of 24 inches;

Have a primary emergency escape/egress. For such primary emergency escape/egress, the stairwell should be a minimum of 30 inches wide at all locations to include handrail height and a minimum height of six feet from the stairway tread to the ceiling;

Provide adequate automatic back-up illumination of any stairwells with a ceiling height between six feet and six feet eight inches from stairway tread to ceiling in the event of an emergency or power failure; and

Have a secondary emergency escape/egress meeting the above standards on each upper floor. However, if no such secondary emergency escape/egress meets the above standards, a secondary emergency escape/egress shall be provided at the furthermost point from the primary escape exit and may consist of an emergency roll-up ladder for use to exit a rescue opening window.

10.

The owner of the short-term rental property and/or the resident agent shall immediately investigate any complaint, from whomever received, of a violation of this section. Upon determining that a violation has occurred or is continuing to occur, the owner and/or the resident agent shall request that any occupant of the short-term rental property shall immediately cease and desist from any and all violations.

[Added 8-11-2020 by Bill No. 1446]

11.

A short-term rental license holder must notify the County immediately if their resident agent no longer represents them. In addition, they must notify the County no later than 15 days after the end of such representation with the name and contact information for a new resident agent.

[Added 8-11-2020 by Bill No. 1446]

12.

All conditions, restrictions, and limitations imposed by this chapter or by any regulation adopted by any governmental agency authorizing use or occupancy as a short-term rental, or the physical condition of a rental property, shall be conspicuously included in a written lease signed by the parties. A copy of the lease shall be available on site and to Code Enforcement Officers upon request.

13.

The applicant shall comply with all applicable codes, regulations, and requirements administered by the Talbot County Health Department regarding the drinking water supply well and on-site sewage disposal facilities. A short-term rental license shall not be issued until the Health Department has determined that the short-term rental property complies with the requirements of this subsection.

[Amended 8-11-2020 by Bill No. 1446]

14.

The short-term rental property shall comply with all conditions, restrictions and limitations imposed by all governmental entities and officials authorizing the use or occupancy of the short-term rental.

The short-term rental license shall include all requirements listed herein. The license, including requirements and conditions of approval of the license, and any house rules shall be conspicuously posted in the residence during any short-term rental. House rules shall include minimum requirements as listed in the application package provided by the County.

33.21

Stables, accessory to residential uses.

Minimum lot size: two acres for one horse and one additional acre for each additional horse.

Minimum setback from property lines for stables and related manure storage areas is 100 feet.

Minimum setback for stables on lots smaller than three acres: 75 feet.

33.22

Storage of inoperable or unregistered motor vehicles accessory to residential use.

On residential properties:

No more than two such vehicles shall be stored outside of a building. Storage shall be at least 20 feet from lot lines.

Additional vehicles may be stored if they are within a completely enclosed building.

These restrictions shall not apply to farm equipment and implements on parcels with active farming operations.

Storage of inoperable or unregistered motor vehicles not in accordance with this section is permitted only pursuant to the provisions for junkyards (see Table IV-1, § 190-30.10 and definition in Article IX).

33.23

Storage accessory to commercial and industrial uses.

Storage areas or structures accessory to a commercial or industrial use require a major, minor or administrative site plan based upon the criteria in § 190-60.2.

Portable storage units are permitted temporary uses as provided in § 190-34.2.D. In addition, portable storage units may be used as permanent storage structures accessory to commercial and industrial uses in the LC, GC and LI Districts, subject to site plan review and provision of a Type C landscape yard in accordance with § 190-40.5 to screen the view of the unit from the property line.

Accessory storage to a commercial and industrial use can only be located in the Critical Area RCA when the principal use or structure is located within the RCA.

33.24

Storage building prior to construction of a primary structure.

A special exception may be granted for a storage building where it would not otherwise be permitted as an accessory use because there is no principal use established for the lot.

This special exception use differs from the temporary use provisions of § 190-34.2.A, which allow a storage building to be erected for use during construction of the primary structure. The Board of Appeals may approve this special exception on a lot where there is no imminent plan for establishment of a principal use.

§ 190-34 Temporary uses and events.

34.1

General requirements.

The Planning Director may approve the specific temporary uses listed in this section. Temporary uses not specifically listed may be approved, provided that:

A use certificate is required and shall be issued for a period not exceeding 90 days or an event that does not exceed three days.

The Planning Director determines that:

The use requires no permanent changes to existing topography, vegetation, structures or other site features.

The use will not adversely affect neighboring properties.

The Planning Director may solicit the recommendation of the Planning Commission before making a determination on a temporary use.

The land shall be entirely cleared of the use within five days after the temporary authority expires.

The Planning Director may:

Approve specified extensions of time; and

Impose conditions on temporary uses in addition to those listed above to avoid adverse impacts.

34.2

Permitted temporary uses and events. The following temporary uses are permitted in all zoning districts subject to a use certificate and the conditions listed below:

Accessory building prior to construction of a primary structure.

The building may be used for storage during construction of the primary structure.

A use certificate is required.

Construction of the primary structure must begin within six months and be completed within 18 months of placement of the accessory building.

Construction or sales office accessory to a construction site.

Includes an office trailer.

A use certificate is required.

The certificate shall be issued for a period of six months. The Planning Director may grant six-month extensions of the certificate if the extension is reasonably necessary to allow completion of the project.

Structures must meet minimum setback requirements for the zoning district.

Structures must be removed on completion of the construction and sales function.

Paving material compounding.

Includes asphalt and concrete processing.

The use must be associated with a major public road or facility construction project.

A use certificate is required and must be renewed after one year.

One-thousand-foot setback from any structure intended for human occupancy unless the owner of the structure consents to a lesser setback, no less than 200 feet.

Portable storage units.

A portable storage unit may be located in any yard for a maximum of 90 days in a calendar year.

See § 190-33.23 for use of portable storage units for longer periods of time in the LC, GC and LI Districts.

Carnivals, weddings and other temporary events.

Subject to provision of safe and adequate access and parking, and approval by the Health Department as applicable.

No permanent structure may be erected or permanent disturbance approved for the temporary event.

No more than six events per calendar year per parcel.

Temporary anemometers and wind vane for purposes of gathering data for wind energy development.

Minimum lot size: five acres.

Structure may not exceed 120 feet at top of blade.

Must meet setback of height of structure plus 10 feet from all property lines.

Upon expiration of use certificate, the temporary structure and foundation must be removed unless a building permit is issued for a permanent facility.

Recreational vehicles.

Recreational vehicles may be used at special events. This use on any given site shall be limited to no more than 90 days within a calendar year and no more than seven consecutive days.

No mobile home or recreational vehicle shall be parked overnight on any highway, road, street, public park or other public way or public landing except in an emergency.