This section establishes and describes the use categorization system used to classify principal uses in this chapter.
A. 
Use categories. This chapter classifies principal land uses into groupings. These major groupings are referred to as "use categories." The use categories are as follows:
(1) 
Agricultural.
(2) 
Residential.
(3) 
Public, civic, and institutional.
(4) 
Commercial.
(5) 
Wholesale, distribution, and storage.
(6) 
Industrial.
(7) 
Accessory.
(8) 
Other.
B. 
Use subcategories. Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on the common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.
C. 
Specific use types. Some use subcategories are further broken down to identify specific types of uses that are regulated in a different way than the subcategory as a whole. For example, the commercial category is broken down into several subcategories as the distinction between personal services compared to marine services is apparent when one considers the difference between the product and physical characteristics.
D. 
Determination of use categories and subcategories.
(1) 
The Zoning Inspector is authorized to classify land uses based on the use category, subcategory, and specific use type descriptions of this chapter.
(2) 
In the event the Zoning Inspector is unable to classify uses based on the use category, subcategory and specific use type descriptions of this chapter and where such use is not explicitly prohibited from the district the Zoning Inspector shall submit to the Board of Zoning Appeals a written request for a determination of the unclassified use per § 340-134.
E. 
Determination of principal versus accessory use. The Zoning Inspector shall determine whether a proposed accessory use is subordinate to and customarily associated with a permitted primary use. Subordinate to the principal use means the accessory use is minor in relation. The Zoning Administrator will consider the following in making this determination:
(1) 
The area devoted to the use. For example, how much of the building or property is dedicated to the accessory use.
(2) 
Intensity of use. The relative intensity of the use and the resulting impacts on the land and the neighboring properties. For example, will the accessory use result in traffic and parking demand more than that expected from the principal use?
(3) 
Nature of use. Will the use require such things as additional employees, longer operating hours, more deliveries, or additional water and sewer service demand.
[Amended 2-14-2024 by Ord. No. 550]
This category includes uses such as gardens, farms, and orchards that involve the raising and harvesting of food and nonfood crops and commercial raising of poultry or livestock. This category includes routine accessory packaging, storage or light processing of crops or wood products and sale of seeds, fertilizer, and similar agricultural needs on site. The category also includes harvesting and processing of seafood. This category does not include a slaughterhouse or meatpacking facility, which are categorized as industrial.
A. 
Agriculture, animal production. The principal or accessory use of land for the keeping or raising of farm animals, including poultry, horses, cows, and swine.
B. 
Agriculture, crop production. The use of land for growing, raising, or marketing of plants to produce food, feed, or fiber commodities or nonfood crops. Examples of crop agriculture include cultivation and tillage of the soil and growing and harvesting of agricultural or horticultural commodities. Crop agriculture does not include community gardens or the raising or keeping of farm animals.
C. 
Agriculture, buildings, and structures. This category includes all buildings and structures associated with agriculture uses as opposed to the activities associated with crop or animal production, e.g., grain storage as a principal use.
D. 
Cannabis grower. Facilities licensed as cannabis growers by the State of Maryland through the Maryland Cannabis Administration.
E. 
Cannabis processor. Facilities licensed as cannabis processor facilities by the State of Maryland through the Maryland Cannabis Administration.
F. 
Commercial stables. Facilities for the housing of horses or other equines operated for remuneration. This category includes activities associated with the commercial hiring out of horses or ponies or instruction in riding as well as the care, breeding, boarding, rental, riding or training of equines and other farm animals or the teaching of equestrian skills.
G. 
Fisheries activities, aquaculture. Buildings, structures, and uses associated with the rearing of aquatic animals or the cultivation of aquatic plants for food.
H. 
Farm-to-table activities. This category includes temporary retail uses, including roadside produce stands and farmers markets.
I. 
Forestry. Activities related to harvesting, thinning, and other management practices associated with commercial timber harvesting.
J. 
Indoor plant cultivation. A building or structure and the associated premises used to grow plants under roof, which may include accessory storage and processing of plants grown on premises. Included in this category are greenhouses and hydroponic facilities.
K. 
Plant nursery. Buildings, structures, and uses associated with plant propagation, grown to usable size. This category includes retail nurseries that sell to the general public, wholesale nurseries that sell only to businesses such as other nurseries and commercial gardeners, and private nurseries that supply the needs of institutions or private estates.
A. 
Household living. "Household living" as used in the chapter means residential occupancy of a dwelling unit by a household for four months or more. Other forms of residential occupancy are considered lodging. The following are household living specific use types:
(1) 
Dwellings, single-family detached. A detached structure, designed for or used only as one dwelling unit. A single-family detached house is a principal residential building occupied by one dwelling unit located on a single lot with private yards on all sides. Detached houses are not attached to and do not abut other dwelling units.
(2) 
Duplex. A detached structure designed for and/or used only as two dwelling units. The dwelling units of a duplex may exist side by side or one above the other. Duplex units situated back-to-back are not permitted.
(3) 
Townhouse. A structure consisting of three or more dwelling units, the interior of which is configured in a manner such that the dwelling units are separated by separated from one another by one or more common walls without doors, windows, or other means of passage or visibility through such common. A townhouse is typically designed so that each unit has a separate exterior entrance and yard area. Each dwelling unit may be situated on a separate and well-defined lot or parcel of land intended for separate ownership. A townhouse dwelling does not include a multifamily dwelling.
(4) 
Multifamily. A multifamily building is a residential building that is occupied by three or more dwelling units that share common walls and/or common floors/ceilings. Structures are located either on one or more lots, and which dwelling units are owned either in common by the same owner or by separate owners, used or intended to be used for occupancy by the owners and/or tenants and including, but not limited to, apartment buildings and condominiums. Two or more multifamily dwellings on a single property are known as a multifamily residential complex.
(5) 
Accessory dwelling unit. A smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. Accessory dwelling units may be contained within the structure of a single-family unit or a commercial structure, be a separate stand-alone structure or be in a separate accessory structure.
(6) 
Manufactured housing unit. A manufactured housing unit is a residential building that complies with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. § 5401 et seq.).
(7) 
Mixed-use building, residential. A building that contains one or more residential units located above the first floor and permitted nonresidential use on the first floor.
(8) 
Mobile home. A detached residential or business unit containing not less than 500 square feet of gross livable floor area in the original manufactured unit, designed and intended for repeated or periodic transportation in one or more sections on the highway on a chassis which is permanent or designed to be permanent and arriving at the site where it is to be occupied, complete and ready for occupancy except for minor and incidental unpacking and assembly of sections, location on jacks or other foundations, connection to utilities and the like. Units commonly known as a "double-wide" and any unit classified as a "mobile home" by an applicable financing or construction standard, including, without limitation, the United States Department of Housing and Urban Development regulations, State Department of Economic and Community Development regulations and state or federal law as such laws or regulations are in effect as of the date of passage of the chapter, shall be considered a "mobile home." The placing of a "mobile home" on a permanent foundation or the construction of additions, porches, and the like shall not change the classification of such mobile homes. Recreational trailers and vehicles and modular homes are not considered "mobile homes."
(9) 
Modular home. A detached residential or business unit, built to the specifications of a recognized building code, containing not less than 500 square feet of gross livable floor area in the original manufactured unit, designed and intended for delivery by transportation on the highway for permanent assembly in a permanent and separately constructed foundation. A "modular home" may be considered a single-family dwelling. A "modular home" must meet the requirements and definitions of the Maryland Industrialized Building and Mobile Homes Act as in effect as of the date of passage of this chapter.
B. 
Group living. Residential occupancy of a building or any portion of a building by a group other than a household. Group living uses typically provide communal kitchen/dining facilities. Examples of group living uses include group homes, convents, monasteries, nursing homes, assisted living facilities, sheltered care facilities, retirement centers, homeless centers, shelters, and halfway houses. The group living subcategories are as follows:
(1) 
Group home. a facility that is licensed by the Maryland Department of Health and Mental Hygiene shared by persons who are unable to live alone because of age-related impairments or physical, mental or visual disabilities and who live together as a single housekeeping unit in a long-term, household-like environment in which staff persons provide care, education, and participation in community activities for the residents with a primary goal of enabling the resident to live as independently as possible. Group homes do not include pre-release, work-release, probationary, or other programs that serve as an alternative to incarceration.
(2) 
Sheltered care. An activity accessory to and affiliated with a religious facility providing maintenance and personal care for those in need.
(3) 
Continuing care retirement communities. Establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for 1) the elderly and other persons who are unable to care for themselves adequately and/or 2) the elderly and other persons who do not desire to live independently. Individuals live in a variety of residential settings with meals, housekeeping, social, leisure, and other services available to assist residents in daily living. Assisted living facilities with on-site nursing care facilities are included in this subcategory.
(4) 
Assisted living. Establishments providing housing and supportive services, supervision, personal care services, health-related services, or a combination of these to meet the needs of residents who are unable to perform or who need assistance with, activities of daily living and/or instrumental activities of daily living. The activities of daily living include bathing, dressing, eating, and toileting. This subcategory includes nursing homes.
(5) 
Employee sponsored housing. Housing provided by or subsidized by an employer for employees.
This category includes public, quasi-public, and private uses that provide unique services that are of benefit to the public-at-large. The public, civic, and institutional subcategories are as follows:
A. 
Cemetery. Land or structures used for burial or permanent storage of the dead or their cremated remains. Typical uses include cemeteries and mausoleums. It also includes pet cemeteries.
B. 
College or university. Institutions of higher learning accredited by the Maryland Department of Education that offer courses of general or specialized study and are authorized to grant academic degrees.
C. 
Community center. A structure, including its surrounding premises that contains rooms or other facilities limited to use for purposes of meetings, gatherings or other functions or activities carried on or performed by or under the supervision of a unit of local government, a school district or a civic, educational, religious or charitable organization. The authorization for the establishment of a community center may include authorization for the incidental and accessory sale or resale of food, merchandise, or services in connection with and in support of the principal activity or function being carried on or performed by such unit of local government, school district or organization.
D. 
Fraternal organization. The use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members, and their occasional guests and where the primary activity is a service not carried on as a business enterprise.
E. 
Governmental facility. Uses related to the administration of local, state, or federal government services or functions. Uses operated by a governmental or nonprofit volunteer entity and providing a public service, e.g., post office, fire station, emergency ambulance service, rescue squad, police station, courthouse, governmental office building, governmental storage facility, governmental garage.
F. 
Hospital. Uses providing medical, mental, or surgical care to patients and offering inpatient (overnight) care. Ancillary activities permitted include clinics, medical offices, administrative offices, laboratories, pharmacies, gift shops, teaching facilities, research facilities, rehabilitation facilities, treatment centers, employee day care, and similar uses.
G. 
Library. A building or structure used primarily for the housing of books or other literary material on premises for reading, study, reference, and/or lending. Collections of books, manuscripts, and similar materials for public lending, studying and reading.
H. 
Parks and recreation. Recreational, social, or multi-purpose uses associated with public parks and open spaces, including playgrounds, play fields, play courts, swimming pools, community centers, and other facilities typically associated with public parks and open space areas. It also includes public and private golf courses and country clubs.
I. 
Museum or cultural facility. Buildings and facilities owned and operated by a qualifying nonprofit institution under Internal Revenue Service provisions in which objects of historical, scientific, artistic, or cultural interest are stored and exhibited. Primary activities include the procurement, construction, collection, preservation, and public exhibition of antique, curious, unusual, rare, or typical objects of art, science, commerce, or natural history. Museums may conduct activities to educate or perpetuate interest concerning the subject matter of the objects being procured, constructed, collected, preserved, and exhibited in the museum. Museums also may conduct, host, or provide space for occasional unrelated activities or events as provided in their organizational documents with approval of the Zoning Inspector.
J. 
Religious assembly. Religious services involving public assembly that customarily occur in churches, synagogues, temples, mosques, and other facilities used for religious worship. The category includes buildings or structures primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens or places for personal worship or meditation operated by an entity that is qualified by the Internal Revenue Service as a nonprofit religious organization. This category includes buildings and all customary accessory uses or structures, including, but not limited to, a chapel, day-care center, gymnasium, social hall, and social services programs. Accessory use includes a monastery, rectory, or convent. The category does not include pre-schools, parochial schools, day-care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not a necessary or integral part of the religious institution.
K. 
Safety service. Facilities provided by the town, state, or federal government that provides fire, police, or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.
L. 
School. Private and public schools at the primary, elementary, middle, or high school level that provide basic, compulsory state-mandated education.
A. 
Essential services. Infrastructure services that need to be located in or close to the area where the service is provided. Essential service facilities generally do not have regular employees at the site and typically have few, if any, impacts on surrounding areas. Typical uses include water and sewer pump stations, gas regulating stations; underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment, and emergency communication warning/broadcast facilities.
B. 
Public utilities. Uses or structures, except essential services, which provides to the public such services as water, sewerage, sewage treatment, electricity, piped gas, or telecommunications. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include, but are not limited to, water and wastewater treatment facilities, high-voltage electric substations, utility-scale power generation facilities (including wind, solar, and other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water storage facilities, such as water towers and reservoirs.
C. 
Alternative energy facilities, solar. An alternative energy system intended to convert solar energy into thermal, mechanical, or electrical energy accessory to a principal permitted use on the site. Small solar energy systems, community solar systems and large solar energy systems are specific types of alternative energy facilities.
D. 
Wireless telecommunications. Towers, antennas, equipment, equipment buildings, and other facilities used in the provision of wireless communication services. The following are specific types of wireless telecommunications uses:
(1) 
Freestanding towers. A structure intended to support equipment that is used to transmit and/or receive telecommunications signals, including monopoles and guyed and lattice construction steel structures.
(2) 
Building or tower-mounted antennas. The physical device that is attached to a freestanding tower, building, or other structure, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.
(3) 
Amateur radio facility. An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment. A station in an amateur radio service may consist of the apparatus necessary for carrying on radio communications and licensed by the Federal Communications Commission by a person holding a license granted by the Federal Communications Commission authorizing a person to engage in the operation of an amateur station and amateur radio service.
(4) 
Satellite earth station, satellite dish. A parabolic antenna and associated electronics and support equipment for transmitting or for transmitting and receiving satellite signals.
(5) 
Small wireless facility. "Small cells," are low-powered wireless base stations that function like traditional cell sites in a mobile wireless network but typically cover targeted indoor or localized outdoor areas. "DAS" or "distributed antenna systems," which use numerous antennae, commonly known as "nodes," similar in size to small cells and are connected to and controlled by a central hub. This category includes other similar facilities, systems, or devices designed to facilitate a mobile wireless network within a localized area and to be attached to a support structure within sidewalks or streets or on private property.
[Amended 2-14-2024 by Ord. No. 550]
The commercial use category includes uses that provide a business service or involve the selling, leasing, or renting of merchandise to the public. The commercial use subcategories are as follows:
A. 
Adult-oriented businesses. Uses regulated under Chapter 75, Adult-Oriented Businesses, of the Town Code, including the following:
(1) 
Adult-oriented business. Any business, operation, or activity a significant amount of which consists of:
(a) 
The conduct, promotion, delivery, provision, or performance of adult entertainment or material, including, but not limited to, that occurring in, at, or in connection with a cabaret, lounge, nightclub, modeling studio, bar, restaurant, club or lodge, or other establishment; or
(b) 
The sale, provision, rental, or promotion of adult entertainment or material, in any format, form, or medium, including, but not limited to, books, magazines, videos, DVDs, CDs, movies, photographs, and/or coin-operated or pay-per-view viewing devices, including, but not limited to, the operation of an adult book or video store or viewing booth.
(2) 
Adult book or video store. An activity a principal purpose or use of which is the selling, renting, transferring, loaning, disseminating, or distributing of adult entertainment or material, including, but not limited to, any book, magazine, newspaper, video, DVD, CD, or sound recording.
(3) 
Adult movie theater. A use involving the presentation in a room of movies, videotapes, or similar media distinguished by an emphasis on depicting "specified sexual activities" in exchange for monetary compensation.
B. 
Animal service. Uses that provide goods and services for the care of companion animals.
(1) 
Grooming. Grooming of dogs, cats, and similar companion animals, including dog bathing and clipping salons and pet grooming shops.
(2) 
Boarding or shelter/kennel. Animal shelters, care services, and kennel services for dogs, cats, and companion animals, including boarding kennels, pet resorts/hotels, pet day care, pet adoption centers, dog training centers, and animal rescue shelters. For purposes of this chapter, the keeping of more than four dogs, cats or similar household companion animals over four months of age or the keeping of more than two such animals for compensation or sale is deemed a boarding or shelter-related animal service use and is allowed only in those zoning districts that allow such uses.
(3) 
Veterinary care. Animal hospitals and veterinary clinics.
C. 
Assembly and entertainment. Principal uses providing gathering places for participant or spectator recreation, entertainment, or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include arenas, billiard centers, video game arcades, auditoriums, bowling centers, cinemas, theaters, and conference centers.
D. 
Broadcast or recording studio. Uses that provide for audio or video production, recording, or broadcasting.
(1) 
Broadcast facility. An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished using electronic and telephonic mechanisms, including radio, television, and film.
(2) 
Recording studio. An establishment primarily engaged in sound or video recording.
E. 
Cannabis dispensary. Facilities licensed as cannabis dispensaries by the State of Maryland through the Maryland Cannabis Administration.
F. 
Commercial service. Uses that provide for consumer or business services and the repair and maintenance of a wide variety of products.
(1) 
Building service. Uses that provide maintenance and repair services for all structural and mechanical elements of structures, as well as the exterior spaces of a premise. Typical uses include contractor offices, janitorial, landscape maintenance, extermination, plumbing, electrical, HVAC, window cleaning, and similar services.
(2) 
Business support service. Uses that provide personnel services, printing, copying, photographic services, or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, caterers, telephone answering services, and photo developing labs.
(3) 
Consumer maintenance and repair service. Uses that provide maintenance, cleaning, and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry-cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, locksmiths, vacuum repair shops, electronics repair shops, and similar establishments. Businesses that offer repair and maintenance service technicians who visit customers' homes or places of business are classified as a "building service."
(4) 
Personal improvement service. Uses that provide a variety of services associated with personal grooming, instruction, and maintenance of fitness, health, and well-being. Typical uses include barbers, hair and nail salons, day spas, health clubs, yoga studios, martial arts studios, and businesses purporting to offer fortune telling or psychic services.
(5) 
Marine service. Establishments primarily engaged in operating marinas or boat yards. These establishments rent boat slips and store boats and generally perform a range of other services, including cleaning and incidental boat repair. They frequently sell food, fuel, and fishing supplies, and may sell boats. Also, it may include establishments primarily engaged in the operation of charter or party fishing boats or rental of small recreational boats.
(6) 
Research service. Uses engaged in scientific research and testing services leading to the development of new products and processes. Such uses resemble office buildings or campuses and do not involve the mass production, distribution, or sale of products. Research services do not produce odors, dust, noise, vibration, or other external impacts that are detectable beyond the property lines of the subject property.
G. 
Day care. Uses providing care, protection, and supervision for children or adults regularly away from their primary residence for less than 24 hours per day. Examples include state-licensed child-care centers, preschools, nursery schools, head start programs, after-school programs, and adult day-care facilities. Day care expressly includes state-accredited adult day-care facilities and facilities for childcare.
(1) 
Day-care center. A facility licensed by the state that provides day care for more than eight children or any number of adults. The activity of providing care for part of a day (not on a twenty-four-hour per day basis) to dependents of working persons while those working persons are at work. The primary purpose of a day-care center is not education. The dependents may be children, under the age of 16 years, or persons 60 years or older, who need temporary supervision and care during part of the day.
(2) 
Day-care home. A dwelling unit licensed by the state in which day care is provided for a maximum of eight children, excluding all natural, adopted, and foster children of the residents of the dwelling unit.
H. 
Eating and drinking establishments. The eating and drinking establishments use type refers to establishments or places of business primarily engaged in the sale of prepared foods and beverages for on- or off-premise consumption. Typical uses include restaurants, short order eating places or bars and cafés, restaurants, cafeterias, ice cream/yogurt shops, coffee shops, and similar establishments, which may include a bar area that is customarily incidental and subordinate to the principal use as an eating establishment.
(1) 
Restaurant. Uses open to the public whose principal activity is the preparation and serving of food and beverages for on- or off-premise consumption as their principal business. A restaurant provides indoor seating for customers and serves customers at their seats. A restaurant may provide indoor or outdoor seating for customers and serves customers at their seats.
(2) 
Restaurant, drive-in, drive-through. A restaurant with drive-through windows or drive-through lanes or that otherwise offers food and drink to the occupants of motor vehicles. Typical uses include drive-through and drive-in restaurants, e.g., McDonald's, Burger King, etc.
(3) 
Alcohol sampling establishment. A Maryland licensed beer, wine, or distillery that includes on-premises consumption accessory to the principal production function.
I. 
Financial service. Uses related to the exchange, lending, borrowing, and safe-keeping of money. Typical examples are banks, credit unions, and consumer loan establishments.
J. 
Funeral and mortuary service. Uses that provide services related to the death of humans or companion animals, including funeral homes, mortuaries, crematoriums, and similar uses.
K. 
Lodging. Uses that provide temporary lodging for less than 30 days where rents are charged by the day or by the week. Lodging includes the following specific categories:
(1) 
Hotel and motel. An establishment for transients consisting of any number of sleeping rooms in permanent buildings, each room or suite of rooms having complete sanitary facilities and separate entrances, including hotel, motel, lodge, and similar establishments, but not including a boarding- or lodging house, or bed-and-breakfast establishment. Hotel and motel establishments may include ancillary facilities and services such as restaurants, meeting rooms, conference facilities, entertainment, personal services, and recreational facilities.
(2) 
Bed-and-breakfast. An existing single-family-, owner-, or manager-occupied dwelling in which overnight sleeping rooms are rented on a short-term basis to transients and at which no meal other than breakfast is served to guests, which is included in their room charge. The use may include additional guest rooms in a separate existing building on the same lot. Guest rooms may include accessory appliances such as a mini-refrigerator, coffee maker, and/or micro-wave oven solely for the convenience of the occupants. Limited sale of items related to the establishment and solely for purchase by guests, e.g., coffee cups, tee shirts, and the like bearing the name or logo of the bed-and-breakfast is permitted.
(3) 
Historic vacation cottage. A residential dwelling unit located in the St. Michaels Historic District that is used and/or advertised through an online marketplace for rent for transient occupancy by guests. For purposes of this chapter, a historic vacation cottage is defined as a dwelling for which the Town has issued a current and valid vacation cottage license.
(4) 
Short-term rental. See definition in § 340-11.
L. 
Office. Uses in an enclosed building, customarily performed in an office that focuses on providing executive, management, administrative, professional, or medical services. This category includes: business office uses for companies and nongovernmental organizations such as corporate office, law offices, architectural firms, insurance companies, and other executive, management or administrative offices for businesses and corporations; professional offices where services are provided that require specialized training or professional certification, including but not limited to, an accountant, appraiser, attorney, architect, landscape architect, engineer, surveyor, and stockbroker; and medical, dental and health practitioner office uses related to diagnosis and treatment of human patients' illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Surgical, rehabilitation, and other medical centers that do not involve overnight patient stays are included in this category, as are medical and dental laboratories.
M. 
Parking, non-accessory. Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use but instead is available to the public-at-large. Examples include commercial parking garages. A parking facility that provides both accessory and non-accessory parking will be classified as non-accessory parking if it leases 25% or more of its spaces to non-occupants of or persons other than visitors to a particular use.
N. 
Retail sales. Uses involving the sale, lease, or rental of new or used goods to the ultimate consumer within an enclosed structure, unless otherwise specified. The retail category includes sales of convenience goods, including 1) sundry goods; 2) products for personal grooming and for the day-to-day maintenance of personal health or 3) food or beverages for off-premise consumption, including grocery stores and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. Typical uses include drugstores, grocery, and specialty food stores, wine or liquor stores, gift shops, newsstands, and florists. This category also includes consumer shopping goods such as uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances, and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort or aesthetics. Typical uses include clothing stores, department stores, appliance stores, TV, computer hardware and electronics stores, bike shops, bookstores, costume rental stores, uniform supply stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores, and pet supply stores, shoe stores, cigar stores, copy shops, travel agencies, dry cleaning, beauty and barber shops, craft shops, bakery, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, office supplies and office furnishing stores and wig shops and other consumer shopping uses of the same general character.
(1) 
Building supplies and equipment. Retail sale uses that sell or otherwise provide goods to repair, maintain, or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint, and wallpaper supply stores, and garden supply stores.
O. 
Self-service storage facility (e.g., mini-storage). An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designated to accommodate only interior access to storage lockers or drive-up access.
P. 
Studio, instructional or service. Uses in an enclosed building that focus on providing instruction or training in music, dance, drama, fine arts, language, or similar activities. It also includes artist studios and photography studios. See also "personal improvement service" in the commercial services use category.
Q. 
Trade school. Uses in an enclosed building that focus on teaching the skills needed to perform a job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities, and similar uses.
R. 
Motorized vehicle sales and service. Uses that provide for the sale, rental, maintenance, or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory include the following specific use types:
(1) 
Commercial vehicle repair and maintenance. Uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft, watercraft, or similar large vehicles and vehicular equipment. The subcategory includes truck stops and truck fueling facilities.
(2) 
Commercial vehicle sales and rentals. Uses that provide for the sale or rental of large trucks, large construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.
(3) 
Fueling station. Uses engaged in retail sales of personal or commercial vehicle fuels, including natural gas fueling stations and rapid vehicle charging stations and battery exchange facilities for electric vehicles.
(4) 
Motorized personal vehicle repair and maintenance. Uses engaged in repairing, installing, or maintaining the mechanical components of autos, small trucks or vans, motorcycles, motor homes, or recreational vehicles, including recreational boats. It also includes uses that wash, clean, or otherwise protect the exterior or interior surfaces of these vehicles. The subcategory does not include vehicle body or paint finishing shops.
(5) 
Motorized personal vehicle sales and rentals. Uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies, and moving equipment rental establishments (e.g., U-Haul).
(6) 
Vehicle body and paint finishing shop. Uses that primarily conduct vehicle bodywork and repairs or that apply paint to the exterior or interior surfaces of vehicles by spraying, dipping, flow coating, or other similar means.
This category includes uses that provide and distribute goods in large quantities, principally to retail sales, commercial services, or industrial establishments. Long-term and short-term storage of supplies, equipment, commercial goods, and personal items is included. The wholesale, distribution and storage subcategories are as follows:
A. 
Equipment and materials storage, outdoor. Uses related to outdoor storage of equipment, products, or materials, whether or not stored in containers.
(1) 
Contractor's shop. An establishment used for the indoor repair, maintenance, or storage of a contractor's vehicles, equipment, or materials, and may include the contractor's business office.
(2) 
Fuel storage. An establishment that includes "fuel storage tank" or any vessel or tank that stores gases or liquids, including fuel products such as gasoline, diesel fuel, heating oil, natural gas, natural gas liquids, propane, synthetic gas or similar products. This subcategory does not include a fueling station.
(3) 
Grain storage. Bulk storage, drying, or other processing of grain and livestock feed or storage and sale of fertilizer, coal, coke, or firewood with adequate control of dust and particulates during all operations.
B. 
Trucking and transportation terminal. Uses engaged in the dispatching and long-term or short-term storage of trucks, buses, and other vehicles, including parcel service delivery vehicles, taxis, and limousines. Minor repair and maintenance of vehicles stored on the premises are also included. Includes uses engaged in the moving of household or office furniture, appliances, and equipment from one location to another, including the temporary on-site storage of those items.
C. 
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods and that do not meet the definition of a "self-service storage facility" or a "trucking and transportation terminal."
D. 
Wholesale sales and distribution. Uses engaged in wholesale sales, bulk storage, and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms.
(1) 
Limited wholesale sales and distribution facilities, excluding, however, fuels and other flammable liquids, solids, or explosives held for resale and the bulk storage or handling of fertilizer, grain, and feed.
(2) 
Wholesale sales and distribution facilities, including fuels and other flammable liquids, solids or explosives held for resale and the bulk storage or handling of fertilizer, grain, and feed.
This category includes uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage, and handling of these products and the materials from which they are produced. The industrial subcategories are:
A. 
Micro-producers. Limited on-site production of wine, beer, or distilled spirits permitted or licensed by the State and the Federal Alcohol and Tobacco Tax and Trade Bureau (TTB). Depending on the product produced and the specific permit and license held, the facility may be allowed limited sales for on-premise consumption, sell products to go and sell to a wholesaler for resale to restaurants and retailers. Uses accessory to on-site production such as tasting rooms for the consumption of beer, wine, or distilled products may be permitted on the premises if allowed by state license and in conjunction with the principal on-site production use.
B. 
Artisan industrial. On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations or storage. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing, and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties. The subcategory includes limited retail sales.
C. 
Limited industrial. Manufacturing and industrial uses that process, fabricate, assemble, treat or package finished parts or products without the use of explosive or petroleum materials. Uses in this subcategory do not involve the assembly of large equipment and machinery. They have minimal external impacts in terms of noise, vibration, odor, hours of operation, and truck and commercial vehicle traffic.
D. 
Intensive industrial. Manufacturing and industrial uses that regularly use hazardous chemicals or procedures or produce hazardous by-products, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, and radioactive materials. This subcategory also includes petrochemical tank farms, gasification plants, smelting, asphalt, and concrete plants and tanneries. Intensive industrial uses have a high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and truck/commercial vehicle traffic. The subcategory includes limited retail sales.
E. 
Junk or salvage yard. An area or building where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled for reclamation, disposal or other like purposes, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. Use may include demolition, dismantling, storage, salvaging, or sale of automobiles or other vehicles not in running condition, or machinery, or parts thereof.
F. 
Recycling uses. This industrial subcategory includes uses that collect, store, or recyclable process material for marketing or reusing the material in the manufacturing of new, reused, or reconstituted products.
(1) 
Recyclable material dropoff facility. A facility provided by the Town, County, or State that accepts recyclable consumer commodities directly from the consuming party and stores them temporarily before transferring them to recyclable material processing facilities. Recyclable commodities shall be limited to nonhazardous, nonspecial, homogeneous, nonputrescible materials such as dry paper, glass, cans, or plastic. The term "recyclable material dropoff facility" as used in this chapter shall not include general construction or demolition debris facilities, and/or transfer stations, facilities located within a structure principally devoted to another use, facilities temporarily located on a lot under the authority of temporary use, and facilities for collecting used motor oil which are necessary to an automobile service station. Establishments that process recyclable material are classified as "recyclable material processing facilities."
(2) 
Recyclable material processing. Establishments that receive and process recyclable consumer commodities for subsequent use in the secondary market.
(3) 
Recycling collection center. A collection point for small refuse items, such as bottles and newspapers, located either in a container or small structure. A recycling center does not accept boats, automobiles, tires, appliances, construction materials, or rubble (e.g., debris from land clearing or demolition).
This category includes uses that do not fit the other use categories.
A. 
Drive-in or drive-through facility. Any use with drive-through windows or drive-through lanes or that otherwise offer service to the occupants of motor vehicles. Typical uses include drive-through restaurants, drive-through banks, and drive-through pharmacies.
B. 
Temporary uses. The use of a building or premises for a purpose that does not conform to the regulations prescribed by this chapter and does not involve the erection of substantial buildings and is permitted for a defined period.
(1) 
Temporary use, emergency. Structures and/or uses for emergency public health and safety needs, e.g., temporary emergency housing in the event of a natural disaster.
(2) 
Temporary use, construction. On-site contractors' mobile home used in conjunction with an approved construction project on the same site.
(3) 
Temporary retail and service. One trailer or the use of one building as a temporary field or sales office in connection with building development. Uses such as mobile food service (food truck) and pop-up retail conducted in readily movable vehicles that are self-propelled, pushed, or pulled to a specific location or occupying an existing vacant principal structure.
(4) 
Temporary use of structures to house training or construction activities for public and institutional uses.
A. 
Every structure hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot of record and in no case shall there be more than one principal structure on a lot unless as provided in Subsection B below.
B. 
More than one principal structure may be located upon a lot in the following instances subject to the lot, yard and density requirements and other provisions of this chapter:
(1) 
Institutional and civic buildings.
(2) 
Public or semipublic buildings.
(3) 
Multiple-family dwellings.
(4) 
Commercial or industrial buildings.
(5) 
Mixed-use projects.
Notwithstanding any other provisions of this zoning chapter, or Chapter 110, Site Plan Review, or Chapter 290, Subdivision of Land, no zoning or special-exception permit is necessary for the following uses:
A. 
Public streets.
B. 
Access driveways to an individual detached single-family dwelling not located in the Chesapeake Bay Critical Area.
C. 
Essential services and public utilities.
When used in connection with a particular use in the Table of Permissible Uses included in this section,[1] the letter "P" means that the use is permissible in the indicated zoning district with a building permit issued by the Zoning Inspector and provided it complies with applicable supplemental use standards in Article VIII. The letter "SE" means the use is a special exception that may be permitted in the indicated zoning district. The letter "N" means the use is not permitted. If a use is not listed or does not fall within any of the general use categories as determined by the Zoning Inspector, then it is not permitted in any zoning district.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
Except as expressly stated otherwise by this chapter, only the uses listed in the following table[1] shall be permitted in the applicable zoning district where the structure or use is located. Uses shall only be permitted if there is compliance with all other applicable requirements of this chapter.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.