The following supplemental use standards apply to the permitted uses listed in Table 5 above and shall apply when the permitted use is allowed in the underlying zoning district.
A. Accessory dwelling unit (1.10).
(1) If a permitted use in the underlying zoning district, one additional dwelling unit (accessory dwelling unit) as part of a primary dwelling unit may be permitted in the Resource Conservation Area (RCA) provided that it meets the requirements found in Natural Resources Article § 8-1808.1(e)(2) of the Annotated Code of Maryland.
[Amended 11-28-2022]
B. Existing institutional uses (2.10).
(1) Existing institutional facilities shall be allowed in Resource Conservation Areas.
(2) Expansion of existing institutional facilities and uses in the Resource Conservation Area shall be subject to the nonconforming use provisions of this Part
8 and the grandfathering provisions in §
120-8.5.1 and may require growth allocation.
C. New institutional uses (2.20).
(1) New institutional facilities and uses, except those specifically listed below, shall not be permitted in Resource Conservation Areas (RCAs).
(2) Certain institutional uses may be permitted in Resource Conservation Areas (RCAs) if allowed in the underlying zoning district and if the use complies with all requirements for such uses in this Part
8. These institutional uses are limited to:
(a) A cemetery that is an accessory use to an existing use, provided man-made lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less.
(b) A home day care facility as defined in this chapter.
(c) A group home, halfway house, or intermediate care institution as defined in this chapter.
(d) Churches and other buildings for religious assembly.
(e) Nursing care institutions and child-care institutions.
(f) Other similar uses determined by the Town and approved by the Critical Area Commission to be similar to those listed above.
D. Existing commercial uses (3.10).
(1) Existing commercial facilities and uses, including those that directly support agriculture, forestry, aquaculture or residential development, shall be allowed in Resource Conservation Areas.
(2) Expansion of existing commercial facilities and uses in the Resource Conservation Area shall be subject to the nonconforming use provisions of this Part
8 and the grandfathering provisions in §
120-8.5.1 and may require growth allocation.
E. New commercial uses (3.20).
(1) New commercial uses, except those specifically listed, shall not be permitted in Resource Conservation Areas (RCAs).
(2) Certain commercial uses may be permitted if allowed in the underlying zoning district and if the use complies with all requirements for such uses in this Part
8. These commercial uses are limited to:
(a) A home occupation as an accessory use on a residential property and as provided for in this Part
8;
(b) A bed-and-breakfast facility located in an existing residential structure and where meals are prepared only for guests staying at the facility; and
(c) Other uses determined by Chesapeake City and approved by the Critical Area Commission to be similar to those listed above.
F. Golf course (5.10).
(1) A golf course, excluding main buildings and/or structures such as the clubhouse, pro shop, parking lot, etc., may be permitted in Resource Conservation Areas (RCAs) provided that:
(a) Such use is a permitted use allowed in the underlying zoning district; and
(b) Development is in accordance with the official guidance adopted by the Critical Area Commission on August 3, 2005.
G. Existing industrial uses (6.10).
(1) Existing industrial facilities and uses, including those that directly support agriculture, forestry, or aquaculture, may be permitted in Resource Conservation Areas.
(2) Expansion of existing industrial facilities and uses in the Resource Conservation Area shall be subject to the nonconforming use provisions of this Part
8 and the grandfathering provisions in §
120-8.5.1 and may require growth allocation.
H. New industrial uses (6.20).
(1) New industrial uses shall not be permitted in Resource Conservation Areas.
(2) New, expanded or redeveloped industrial facilities may only be permitted in Limited Development Areas if permitted uses in the underlying zoning district and provided such facilities meet all requirements for development in the LDA.
(3) New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas that have been designated as Modified Buffer Areas.
[Amended 7-11-2022 by Ord. No. 2022-001]
I. Nonmaritime heavy industry (6.30).
(1) Nonmaritime heavy industry may be permitted if:
(a) The site is located in an Intensely Developed Area; and
(b) The activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water.
J. Utility transmission facilities (7.10).
(1) Utility transmission facilities, except those necessary to serve permitted uses, or where regional or interstate facilities must cross tidal waters, may be permitted in the Critical Area:
(a) Provided the facilities are located in Intensely Developed Areas; and
(b) Only after the activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water.
(2) These provisions do not include power plants.
K. Sanitary landfill; rubble fill (8.10).
(1) Sanitary landfills or rubble fills may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality or wastewater management problem.
(2) Existing, permitted facilities shall be subject to the standards and requirements of the Department of the Environment.
L. Solid or hazardous waste collection or disposal facilities (8.20).
(1) Solid or hazardous waste collection or disposal facilities, including transfer stations, may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area and these development activities or facilities are needed in order to correct an existing water quality wastewater management problem.
(2) Existing, permitted facilities shall be subject to the standards and requirements of the Department of the Environment.
M. Sludge facilities (8.30).
(1) Permanent sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities, may be permitted in the Critical Area:
(a) Provided the facility or activity is located in an Intensely Developed Area; and
(b) Only after the activity or facility has demonstrated to all appropriate local and state permitting agencies that there will be a net improvement in water quality to the adjacent body of water.
(2) Agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot Buffer.
N. Non-water-dependent structures on piers.
[Amended 11-28-2022]
(1) Except as provided in Subsection
N(2) and
(3) of this section and notwithstanding any other provisions of law, the Town of Chesapeake City may not issue a building permit or any other approval to authorize a non-water-dependent project located on state or private wetlands within the Critical Area.
(2) The Town of Chesapeake City may issue a building permit or any other approval to authorize a non-water-dependent project located on state or private wetlands within the Critical Area if the project:
(a) Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;
(b) Is not located on a pier that is attached to residentially, institutionally or individually used property;
(c) Is located in:
[1] An Intensely Developed Area (IDA) and the project is authorized under a program amendment to the Town of Chesapeake City's Critical Area Program approved on or before July 1, 2013, if the approved program amendment includes necessary changes to the Town of Chesapeake City's zoning, subdivision and other ordinances so as to be consistent with or more restrictive than the requirements required under this subsection; or
[2] An area that has been excluded from a local Critical Area program if the exclusion has been adapted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
(d) Is approved by the Planning Commission or the Zoning Administrator after April 6, 2016;
(e) Allows or enhances public access to state wetlands;
(f) Does not expand beyond the length, width or channelward encroachment of the pier on which the project is constructed;
(g) Has a height of up to 18 feet unless the project is located at a marina; and
(h) Is up to 1,000 square feet in total area; or
(i) Is located on a pier that was in existence on or before December 31, 2012, satisfies all of the requirements under Subsection
N(2) of this section, and, if applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.
(3) Small-scale renewable energy system.
(a) The Town of Chesapeake City may issue a building permit or any other approval to authorize a non-water-dependent project for a small-scale renewable energy system on a pier located on state or private wetlands within the Critical Area if the project:
[1] Involves the installation or placement of a small-scale renewable energy system that is permitted as a secondary or accessory use on a pier that is authorized under Title 16 of the Environment Article of the Annotated Code of Maryland.
[2] Is approved by the Town's Planning Commission or the Zoning Administrator after April 6, 2016.
(b) A building permit or other approval may include the installation or placement of:
[1] A solar energy system attached to a pier if the device or equipment associated with that system does not extend more than:
[a] Four feet above or 18 inches below the deck of the pier; or
[b] One foot beyond the length or width of the pier.
[2] A solar energy system attached to a piling if there is only one solar panel per boat slip;
[3] A solar energy system attached to a boathouse roof if the device or equipment associated with that system does not extend beyond the length, width or height of the boathouse roof;
[4] A closed-loop geothermal heat exchanger under a pier if the geothermal heat exchanger or any associated devices or equipment do not:
[a] Extend beyond the length, width or channelward encroachment of the pier;
[b] Deleteriously alter longshore drift; or
[c] Cause significant individual or cumulative thermal impacts to aquatic resources.
[5] A wind energy system attached to a pier if there is only one wind energy system per pier for which:
[a] The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;
[b] The rotor diameter of the wind turbine is up to four feet; and
[c] The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.