A. 
Permitted uses. Except as provided herein, uses permitted within IDA development areas shall be those permitted in the applicable underlying base zoning district. For a specific determination of permitted uses refer to the Queen Anne's County Zoning Ordinance.[1] All permitted uses shall be subject to the following development standards and/or conditions in addition to those established in other sections of this Chapter 14:1.
[1]
Editor's Note: See Ch. 18:1, Zoning and Subdivision Regulations.
B. 
Uses not permitted or strictly limited.
(1) 
The following uses are prohibited in IDAs due to their adverse impact on habitats and water quality:
(a) 
Transportation facilities and utility transmission facilities (except those serving permitted uses or where regional or interstate facilities must cross tidal waters);
(b) 
Sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities;
(c) 
Non-maritime heavy industry;
(d) 
Waste disposal uses as defined in Chapter 18 of the Queen Anne's County Code; and
(e) 
The land application of sludge.
C. 
Density.
(1) 
The density of development and minimum lot sizes permitted within the IDA development shall be governed by applicable provisions of the Queen Anne's County Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 18:1, Zoning and Subdivision Regulations.
(2) 
The density of an individual parcel of IDA land may be increased under the transfer of development rights (TDR) provisions of the Queen Anne's County Zoning Ordinance, provided a minimum of 20 acres of RCA land is permanently deed restricted as open space for each development right transferred from the RCA.
D. 
Site performance standards for project approvals. Development and redevelopment requiring project approvals within the IDA shall be subject to the following standards, conditions and restrictions:
(1) 
Except for permitted water-dependent facilities and as provided in § 14:1-53 of this Chapter 14:1, structures or uses associated with development and the removal of natural vegetation shall be prohibited within the Buffer.
(2) 
A stormwater management plan which achieves the following standards shall be prepared and submitted to the Department of Planning and Zoning for approval:
(a) 
Redevelopment proposals shall demonstrate that best management practices for stormwater management assure a ten-percent reduction of predevelopment pollutant loadings. This demonstration should be based on methodologies agreed on by the County and the Critical Area Commission.
(b) 
New development shall demonstrate that practices for stormwater management will reduce predevelopment pollutant loadings by 10%. This demonstration should be based on methodologies agreed on by the County and the Critical Area Commission.
(c) 
Stormwater management plans that cannot demonstrate the required on-site reductions in predevelopment pollutant loadings may be approved only if the plan demonstrates that mitigation measures, including fees-in-lieu, or offsets will be provided to achieve equivalent water quality benefits elsewhere in the same watershed. All such mitigation measures of offset plans shall be consistent with methodologies agreed on by the County and the Critical Area Commission.
(3) 
All development and redevelopment projects shall delineate those site areas not covered by impervious surfaces to be maintained or established in vegetation. Where vegetation is not proposed, the developer shall demonstrate why plantings for such portions of the site are impracticable.
(4) 
Vegetative shore erosion control measures shall be installed when found to be a practical and feasible alternative to structural shore erosion measures. Where control of shore erosion cannot be accomplished by vegetative measures, the use of structural measures may be approved by the Planning Commission.
(5) 
Proposed development shall be done so as to protect the hydrologic regime and water quality of identified nontidal wetlands, either on or off the site, by providing that development activities and other land disturbances in the drainage area of the wetlands will minimize alterations to the surface or subsurface flow of water into and from the wetland and not cause impairment of water quality or the plant and wildlife and habitat value of the wetland.
(6) 
Completion and performance guarantees as prescribed by Article XVI of Part 7 of this Chapter 14:1 shall be required for all improvements, stormwater management plans, shore erosion control measures and other enhancement measures.
(7) 
Development and redevelopment shall be done in a manner that protects habitat protection areas as defined in the Queen Anne's County Critical Area Program and as defined herein.
E. 
Site performance standards for building permits. Development and redevelopment requiring only the issuance of a building permit within the IDA shall be subject to the following conditions and restrictions:
(1) 
All environmental and natural features on that portion of the site within the critical area shall be identified, including habitat protection areas as defined in Section VI of the Queen Anne's County Critical Area Program.
(2) 
Development and redevelopment activities shall be located to avoid disturbance to habitat protection areas as defined in Section VI of the Queen Anne's County Critical Area Program. When no alternative exists and such activities must cross or be located in habitat protection areas, the applicant shall minimize impacts to habitats and show that no reasonably feasible alternative location for such activities exists.
(3) 
Forest and developed woodlands shall be protected in accordance with the following:
(a) 
Except as provided in § 14:1-28B(3), the clearing or cutting of forest or developed woodland for development or redevelopment shall provide insofar as possible that no more than 20% of the forest or woodland is removed.
(b) 
When proposed development or redevelopment requires the cutting or clearing of trees, area proposed for clearing must be identified on the plan accompanying the building permit application.
(c) 
Trees with a diameter at breast height (DBH) greater than four inches that are cut or cleared during development or redevelopment shall be replaced on site on a one-to-one basis. Replacement trees shall be non-bare-root, native species and at least four to six feet in height.
(d) 
If a person demonstrates to the satisfaction of the Planning and Zoning Office that mitigation requirements, on-site or off-site, cannot be reasonably accomplished, the person shall contribute money (a fee-in-lieu), at a rate to equal the total cost of replacing forest land to be cleared.
(e) 
The fees-in-lieu collected may only be used for projects within the critical area for the benefit of wildlife habitat, water quality improvement or environmental education. These sites will be planted with more than one native species and will remain in a forest management plan held with the Maryland Forest Service.
(4) 
A stormwater management plan which achieves the following standards shall be prepared and submitted to the Department of Planning and Zoning for approval:
(a) 
Redevelopment proposals shall demonstrate that the best management practices for stormwater management assure a ten-percent reduction of predevelopment pollutant loadings. This demonstration shall be based on methodologies agreed on by the County and the Critical Area Commission.
(b) 
New development shall demonstrate that the best management practices assure a ten-percent pollutant reduction of predevelopment loadings. This demonstration shall be based on methodologies agreed on by the County and the Critical Area Commission.
(c) 
Stormwater management plans that cannot demonstrate the required on-site reductions in predevelopment pollutant loadings may be approved only if the plan demonstrates that mitigation measures, including fees-in-lieu, or offsets will be provided to achieve equivalent water quality benefits elsewhere in the same watershed. All such mitigation measures or offset plans shall be consistent with methodologies agreed on by the County and the Critical Area Commission.
[Amended 10-17-1997 by Ord. No. 97-07]
A. 
Permitted uses. Except as provided herein, uses permitted within LDA development areas shall be those permitted in the applicable underlying base zoning district. For a specific determination of permitted uses refer to the Queen Anne's County Zoning Ordinance.[1] All permitted uses shall be subject to the following development standards and/or conditions in addition to those established in other sections of this Chapter 14:1.
[1]
Editor's Note: See Ch. 18:1, Zoning and Subdivision Regulations.
B. 
Uses not permitted or strictly limited. The following uses are prohibited in LDAs due to their adverse impact on habitats and water quality:
(1) 
Transportation facilities and utility transmission facilities (except those serving permitted uses or where regional or interstate facilities must cross tidal waters);
(2) 
Sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities;
(3) 
Non-maritime heavy industry;
(4) 
Waste disposal uses as defined in Chapter 18 of the Queen Anne's County Code; and
(5) 
The land application of sludge.
C. 
Density.
(1) 
The density of development and minimum lot sizes permitted within LDA development areas shall be governed by applicable provisions of the Queen Anne's County Zoning Ordinance.
(2) 
The density on an individual parcel of LDA land may be increased under the transfer of development rights (TDR) provisions of the Queen Anne's County Zoning Ordinance, provided a minimum of 20 acres of RCA land is permanently deed restricted as open space for each development right transferred from the RCA.
D. 
Site performance standards. Development and redevelopment requiring project approvals within the LDA shall be subject to the following conditions and restrictions:
(1) 
For proposed development activities that require subdivision or site plan approval, all environmental or natural features on that portion of a site within the critical area shall be identified.
(2) 
Site development shall be designed to assure that habitat protection areas are not adversely affected.
(3) 
Roads, bridges and utilities serving development shall be located to avoid disturbances to habitat protection areas. When no alternative exists and such infrastructure must cross or be located in habitat protection areas, the developer shall demonstrate how impacts to habitats have been minimized and that no feasible alternative location for such infrastructure exists.
(4) 
All development activities which must cross or are located adjacent to tributary streams shall:
(a) 
To the extent possible avoid location in the critical area Buffer, and, if no other location is feasible, the development shall be designed in a manner to reduce increases in flood frequency and severity;
(b) 
Provide for the retention of natural streambed substrate;
(c) 
Minimize adverse water quality and quantity impacts of stormwater runoff; and
(d) 
Retain the existing tree canopy so as to maintain stream water temperature within normal variation.
(5) 
Development activities shall be located and designed to maintain and enhance existing wildlife and plant habitats and to establish new wildlife corridors for continuity with those on adjacent sites. When wildlife corridors exist or are proposed, they shall include any existing habitat protection areas and shall connect large forested areas or most vegetative areas on or immediately adjacent to the site. Existing and proposed wildlife corridors shall be identified on proposed development plans. All existing or proposed wildlife corridors shall be described by metes and bounds or other legally sufficient means of describing property. The property description shall be included in restrictive covenants or easements. Such restrictive covenants or easements shall be submitted to and approved by the Planning Commission Attorney prior to project approval and shall be recorded among the land records of Queen Anne's County in accordance with Part IX of the Queen Anne's County Zoning Ordinance.[2]
[2]
Editor's Note: See now Part 7 of Ch. 18:1, Zoning and Subdivision Regulations.
(6) 
Forests and developed woodlands shall be created or protected in accordance with the following:
(a) 
When forest on the site totals less than 15% of the site area, additional forested areas shall be established so that at least 15% of the site area is in forest cover. The location of the afforested area shall be designed to protect habitats or to provide continuity with forested areas on adjacent sites.
(b) 
When forests or developed woodlands exist on the site and proposed development requires the cutting or clearing of trees, areas proposed for clearing shall be identified on the proposed development plan. The developer shall submit development plans to the Maryland Forest Service for comments and recommendations and shall transmit such comments to the Department of Planning and Zoning. In addition, cutting or clearing which is associated with development shall be subject to the following limits and replacement conditions:
[1] 
Except as provided in Subsection D(6)(b)[3] below, no more than 20% of a forested or developed woodland area of a site proposed for development may be removed. The remaining 80% shall be maintained as forest cover. Restrictive covenants or easements in legally recordable form prohibiting the removal of remaining forest cover shall be submitted to and approved by the Planning Commission Attorney prior to project approval and shall be recorded among the land records of Queen Anne's County in accordance with Chapter 18, Part IX of the Queen Anne's County Code.[3]
[3]
Editor's Note: See now Part 7 of Ch. 18:1, Zoning and Subdivision Regulations.
[2] 
Clearing of forest or developed woodlands up to 20% shall be replaced on an area basis of one to one on site or, if reforestation is impracticable on site, elsewhere within the critical area as proposed by the applicant and approved by the Planning Director.
[3] 
Subject to the limitations imposed upon the clearing and cutting of woodlands imposed in the Queen Anne's County Code, a developer may propose clearing up to 30% of the forested or developed woodland area of a site proposed for development without the need to obtain a variance under this Chapter 14:1. However, any such area removed must be replaced at the rate of 1.5 times the area removed on site or, if reforestation is impracticable on site, elsewhere within the critical area as proposed by the applicant and approved by the Planning Department.
[4] 
A variance under this Chapter 14:1 and the Queen Anne's County Code is required for removal of existing forest in excess of 30% of the forested or developed woodland area on a site proposed for development. Forested or developed woodland areas removed must be replaced at the rate of three times the total area removed on site or, if reforestation is impracticable on site, within the critical area as proposed by the applicant and approved by the Planning Department.
[5] 
A sediment control permit shall be required prior to any clearing or cutting of trees associated with any development or development activities. If the cutting or clearing of forests or developed woodlands occurs before a sediment control permit is obtained, the area removed must be replaced on site at the rate of three times the area removed.
(c) 
Guarantees as prescribed in Article XVI of Part 7 of this Chapter 14:1 shall be provided in an amount suitable to assure forest replacement or afforestation.
(d) 
Forests and developed woodlands required to be retained or created through afforestation or reforestation shall be maintained through restrictive covenants or easements.
(7) 
Development on slopes greater than 15% shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability.
(8) 
Impervious surfaces shall be limited to 15% of the gross site area proposed for development, except as follows:
(a) 
If a parcel or lot 1/2 acre or less in size was a lot of record on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to 25% of the parcel or lot.
(b) 
If a parcel or lot 1/4 acre or less in size was in nonresidential use on or before December 1, 1985, then man-made impervious surfaces associated with that development are limited to 25% of the parcel or lot. If a parcel or lot 8,000 square feet or less in size was a lot of record on or before December 1, 1985, then man-made impervious surfaces on the lot are limited to 25% of the parcel or lot plus 500 square feet, provided:
[1] 
New impervious surfaces on the parcel or lot have been minimized;
[2] 
Stormwater quality impacts have been minimized through site design and/or use of best management practices agreed on by the County and the Critical Area Commission; and
[3] 
On-site mitigation is performed or payment of a fee-in-lieu is made to offset adverse water quality impacts.
(c) 
If a parcel or lot greater than 8,000 square feet, but less than or equal to 21,780 square feet, was a lot of record on or before December 1, 1985, then man-made impervious surfaces on the lot are limited to 31.25% of the parcel or lot, provided the requirements of § 14:1-38D(8)(b)[1], [2] and [3] are met.
(d) 
If a parcel or lot greater than 21,780 square feet but less than or equal to 36,300 square feet was a lot of record on or before December 1, 1985, then man-made impervious surfaces on the lot are limited to 5,445 square feet, provided the requirements of § 14:1-38D(8)(b)[1], [2] and [3] are met.
(e) 
If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed 25% of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed 15%.
(f) 
These provisions do not apply to a legally existing manufactured home park that was in residential use on or before December 1, 1985.
(g) 
The Board of Appeals may grant a variance from the provisions of this subsection in accordance with § 14:1-61 et seq.
E. 
Site performance standards for building permits. Development and redevelopment requiring only the issuance of a building permit within the LDA shall be subject to the following conditions and restrictions:
(1) 
All environmental and natural features on that portion of the site within the critical area shall be identified, including habitat protection areas as defined in Section VI of the Queen Anne's County Critical Area Program.
(2) 
Development and redevelopment activities shall be located to avoid disturbance to habitat protection areas as defined in Section VI of the Queen Anne's County Critical Area Program. When no alternative exists and such activities must cross or be located in habitat protection areas, the applicant shall minimize impacts to habitats and show that no reasonable feasible alternative location for such activity exists.
(3) 
Forests and developed woodlands shall be protected in accordance with the following:
(a) 
Except as provided in § 14-28B(3), the clearing or cutting of forested or developed woodland for development or redevelopment shall provide insofar as possible that no more than 20% of the forest or woodland is removed.
(b) 
When proposed development or redevelopment requires the cutting or clearing of trees, areas proposed for clearing must be identified on the plan accompanying the building permit application.
(c) 
Trees with a diameter at breast height (DBH) greater than four inches that are cut or cleared during development or redevelopment shall be replaced on site on a one-to-one basis. Replacement trees shall be non-bare-root, native species and at least four to six feet in height.
(d) 
If a person demonstrates to the satisfaction of the Planning and Zoning Office that mitigation requirements, on-site or off-site, cannot be reasonably accomplished, the person shall contribute money (a fee-in-lieu), at a rate to equal the total cost of replacing forest land to be cleared.
(e) 
The fees-in-lieu collected may only be used for projects within the critical area for the benefit of wildlife habitat, water quality improvement or environmental education. These sites will be planted with more than one native species and will remain in a forest management plan held with the Maryland Forest Service.
(4) 
Development on slopes greater than 15% shall be prohibited unless the slope is unstable and such development is demonstrated to be the only effective way to maintain or improve slope stability.
(5) 
Impervious surfaces shall be limited to 15% of the gross site area proposed for development except as follows:
(a) 
If a parcel or lot 1/2 acre or less in size was a lot of record on or before December 1, 1985, then man-made impervious surfaces associated with that use are limited to 25% of the parcel or lot.
(b) 
If a parcel or lot 8,000 square feet or less in size was a lot of record on or before December 1, 1985, then man-made impervious surfaces on the lot are limited to 25% of the parcel or lot plus 500 square feet, provided:
[1] 
New impervious surfaces on the parcel or lot have been minimized;
[2] 
Stormwater quality impacts have been minimized through site design and/or use of best management practices agreed on by the County and the Critical Area Commission; and
[3] 
On-site mitigation is performed or payment of a fee-in-lieu is made to offset adverse water quality impacts.
(c) 
If a parcel or lot greater than 8,000 square feet, but less than or equal to 21,780 square feet, was a lot of record on or before December 1, 1985, then man-made impervious surfaces on the lot are limited to 31.25% of the parcel or lot, provided § 14-38D(8)(a), (b) and (c) are met.
(d) 
If a parcel or lot greater than 21,780 square feet, but less than or equal to 36,300 square feet, was a lot of record on or before December 1, 1985, then man-made impervious surfaces on the lot are limited to 5,445 square feet, provided § 14:1-138D(8)(a), (b) and (c) are met.
(e) 
If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then man-made impervious surfaces of the lot may not exceed 25% of the lot. However, the total of the impervious surfaces over the entire subdivision may not exceed 15%.
(f) 
These provisions do not apply to a legally existing manufactured home park that was in residential use on or before December 1, 1985.
(g) 
The Board of Appeals may grant a variance from the provisions of this subsection in accordance with Part 7 of this Chapter 14:1.
[Amended 10-17-1997 by Ord. No. 97-07; 11-19-1999 by Ord. No. 99-17]
A. 
Permitted uses. Except as provided herein, uses permitted within RCA development areas shall be those permitted in the applicable underlying base zoning district. For a specific determination of permitted uses refer to the Queen Anne’s County Code. All permitted uses shall be subject to the following development standards and/or conditions in addition to those established in other sections of this Chapter 14:1.
[Amended 8-13-2013 by Ord. No. 13-02]
B. 
Uses not permitted or strictly limited.
(1) 
The following uses are prohibited in RCAs due to their adverse impact on habitats and water quality:
(a) 
Transportation facilities and utility transmission facilities (except those serving permitted uses or where regional or interstate facilities must cross tidal waters);
(b) 
Sludge handling, storage and disposal facilities, other than those associated with wastewater treatment facilities;
(c) 
Non-maritime heavy industry;
(d) 
Waste disposal uses as defined in the Queen Anne's County Code; and
(e) 
The land application of sludge.
(2) 
The following shall apply to accessory dwelling units in the resource conservation area:
[Added 10-13-2020 by Ord. No. 20-04]
(a) 
One additional dwelling unit is permitted per lot or parcel as part of a primary dwelling unit for the purpose of the density calculation under this section if the additional dwelling unit:
[1] 
Is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit; does not exceed 900 square feet in total enclosed area; and is served by the same sewage disposal system as the primary dwelling unit; or
[2] 
Is located within the primary dwelling unit; by its construction, does not increase the amount of lot coverage already attributed to the primary dwelling unit; and is served by the same sewage disposal system as the primary dwelling unit.
(b) 
The provisions of this section must be consistent with COMAR 27.01.02.05 and may not be construed to require consideration of an additional dwelling unit as part of a primary dwelling unit for the purpose of the density calculation under this subsection.
(c) 
An additional dwelling unit meeting all the criteria under Subsection B(2)(a) of this section that is separate from the primary dwelling unit may not be subdivided or conveyed separately from the primary dwelling unit and must likewise be consistent with COMAR 27.01.02.05.
(3) 
The following shall apply to commercial, institutional and industrial facilities in the resource conservation area:
(a) 
Existing industrial, institutional and commercial facilities, including those directly supporting agriculture, forestry, aquaculture or residential development (not exceeding the density specified in Subsection C of this section] shall be allowed to continue in RCAs.
(b) 
Additional land in the RCA may not be zoned for industrial, institutional or commercial development.
(c) 
New commercial, industrial or institutional uses in existing structures may be allowed where the underlying zoning classification permits, provided:
[1] 
The existing structure or structures housed a commercial, industrial or institutional use and such commercial, industrial or institutional use has not been abandoned for more than one year; and
[2] 
The proposed new use does not constitute an intensification or expansion of the preexisting commercial, industrial or institutional use.
(d) 
Intensification or expansion of existing industrial, commercial and institutional facilities and uses may be permitted in the RCA by the Planning Commission. A variance, in accordance with Part 7 of this Chapter 14:1, must be granted if such expansion or intensification involves a use which the Planning Commission determines does not conform with the provisions of the Queen Anne's County Critical Area Program and this Chapter 14:1.
(e) 
Certain nonresidential uses may be permitted in resource conservation areas if it is first determined by the Department that the proposed use is one of the following:
[1] 
The proposed use is a home occupation as provided for in the Queen Anne's County Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 18:1, Zoning and Subdivision Regulations.
[2] 
The proposed use is a resource utilization use and/or activity, including agriculture, forestry and aquaculture, provided such use or uses comply with the applicable provisions of the Queen Anne's County Critical Area Program, this Chapter 14:1 and other applicable regulations.
[3] 
The proposed use is a golf course, but not including main buildings and/or structures, e.g., clubhouse, proshop, etc.
[4] 
The proposed use is a cemetery that is an accessory use to an existing church.
[5] 
The proposed use is a bed-and-breakfast facility located in an existing residential structure, but not a hotel or motel.
[6] 
The proposed use is a gun club and skeet-shooting range or similar use, but not including main buildings and/or structures, e.g., clubhouse, proshop, etc.
[7] 
The proposed use is an accessory or supportive use clearly incidental to an existing industrial and commercial facility, including those that directly support agriculture, forestry, aquaculture or residential development and is located wholly within an existing structure or structures. Any expansion of existing structures may only be approved with growth allocation.
[8] 
The proposed use will be completely housed in an existing building or buildings expressly designed for the proposed use and use of the building or buildings has not been abandoned for more than one year.
[9] 
The proposed use is a water-dependent research facility or activity operated by state, federal or local agencies, educational institutions or nonprofit organizations, provided non-water-dependent facilities or structures are, to the extent possible, located outside of the Buffer.
[10] 
The proposed use is a commercial water-dependent fisheries facility, including but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities. These uses may be permitted in the Buffer.
[11] 
The proposed use is a public beach or other public water-oriented recreation or education use or activity, including but not limited to publicly owned boat launching and docking facilities and fishing piers. These uses may be permitted in the Buffer.
[12] 
The proposed use is a community marina or other noncommercial boat docking and storage facility.
[13] 
The proposed use is an essential service as defined in § 14:1-11 of this Chapter 14:1.
[14] 
The proposed use is a public utility structure or service other than essential services as defined in § 14:1-11 of this Chapter 14:1.
[15] 
The proposed use is storage of fertilizers, chemicals, pesticides or polluting materials or substances used in conjunction with agriculture which shall be contained to the extent that any erosion of or runoff from such materials or substances is prevented, provided such use is clearly incidental to a farm operation.
[16] 
The proposed use is a sand and gravel pit, borrow pit, clay pit or other mineral extraction use, including the processing or compounding of materials composed largely of such products at the site, but excluding concrete mixing and asphalt plants.
[17] 
The proposed use is a private airstrip for the landowners' personal use which is clearly incidental and accessory to an existing residential use.
[18] 
The proposed use is noncommercial boat building and repair, including motor repair.
[19] 
The proposed use is an emergency service as defined in § 14:1-11 of this Chapter 14:1.
[20] 
The proposed use must be allowed, by right, under state law in a zoning district that permits detached single-family dwellings, i.e., homes emphasizing special services, treatment and care, such as group homes of fewer than nine people and family day care.
[21] 
Special events may be permitted in the RCA in the Agricultural and the Countryside zoning classifications in accordance with the provisions of § 18:1-95T and the following additional standards:
[Added 8-13-2013 by Ord. No. 13-02]
[a] 
All lot coverage pertaining to the special events activities, including but not limited to temporary structures, temporary tents and temporary pavement surfaces, must occur outside the buffer unless the lot coverage existed at the time of conditional use application.
[b] 
A scaled drawing of the site showing the location of the proposed structures and demonstrating the site requirements in § 18:1-95T for special events, including any temporary structures, temporary tents, and temporary parking surfaces, must be submitted with the conditional use application and annually with the special events zoning certificate required in § 18:1-95T. The scaled drawing must demonstrate how the special event use will minimize impacts to natural resources and protects the defined land uses in RCA found in this chapter.
[c] 
Provisions pertaining to lot coverage and clearing limits in the RCA contained in this chapter apply to special event activities. Special event activities shall be in close proximity to existing structures and facilities on the property to minimize adverse impacts to natural resources and are accessory to the principal use of the property.
[d] 
Properties 40 acres or less are limited to a maximum of 20 events per calendar year. Properties greater than 40 acres and less than 100 acres are limited to a maximum of 25 events per calendar year. Properties greater than 100 acres are limited to a maximum of 35 events per calendar year. An event has a maximum of two consecutive days consisting of 48 hours.
[e] 
Critical Area Commission will review the special events zoning certificate as required in § 18:1-95T for comment prior to its issuance.
(f) 
Local government projects may be permitted in resource conservation areas without obtaining growth allocation if certified by the County Commissioners as being a project of local significance. A "project of local significance" is defined as a public project of minor scale which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which the development is located, does not substantially affect the Queen Anne's County Critical Area Program and is not considered a major development by the Critical Area Commission.
(g) 
Except as may be provided in Subsections E and F of this section, any additional structures, facilities or uses not directly related to and a part of an existing industrial, commercial or institutional use in terms of location, nature and legal incorporation shall be considered a new use and must be located outside of the RCA.
C. 
Density.
(1) 
Land within RCA development areas may be developed for residential uses at a density not to exceed one dwelling unit per 20 acres. For purposes of computing site capacity, the underlying zoning classification shall apply; however, no more than one unit per 20 acres may be located in an RCA development area unless critical area transfer of development rights (TDRs) or intrafamily transfers are used.
(2) 
In calculating the one-dwelling-unit-per-twenty-acre density, the area of private tidal wetlands located in the property may be included, provided the density of development on the upland portion of the parcel does not exceed one dwelling unit per eight acres. The area of tidal wetlands must be based on state wetland maps.
(3) 
When TDRs are used, private tidal wetlands on either the transferor or the transferee parcel may be included in the density calculations. The acreage of upland on the transferor parcel shall not affect the density of development on the transferee parcel.
D. 
Intrafamily transfers.
(1) 
In this subsection, the following words have the meanings indicated.
BONA FIDE INTRAFAMILY TRANSFER
A transfer to a member of the owner's immediate family of a portion of the owner's property for the purpose of establishing a residence for that family member.
IMMEDIATE FAMILY
A father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter.
(2) 
A bona fide intrafamily transfer shall be permitted to be made only from parcels of land that:
(a) 
Were of record on March 1, 1986; and
(b) 
Are seven acres or more, and less than 60 acres in size.
(3) 
A bona fide intrafamily transfer from a parcel of land shall be a subdivision of land that is subject to County approval under this Chapter 14:1 and the Queen Anne's County Zoning Ordinance and Subdivision Regulations.[2]
[2]
Editor's Note: See Ch. 18:1, Zoning and Subdivision Regulations.
(4) 
The Planning Commission may approve the subdivision of a parcel of land into the number of lots indicated in this subsection, by means of a bona fide intrafamily transfer, and may not approve any greater subdivision of the parcel of land or any portion of it.
(a) 
A parcel that is seven acres or more, and less than 12 acres in size, may be subdivided into two lots.
(b) 
A parcel that is 12 acres or more, and less than 60 acres in size, may be subdivided into three lots. The lots may be created at different times.
(5) 
Lots created pursuant to these provisions shall not be created for purposes of ultimate commercial sale. A lot created pursuant to these provisions may not be subsequently conveyed to any person except:
(a) 
Where the conveyance is to a member of the owner's immediate family; or
(b) 
Where the conveyance of the lot is to a mortgagee or trustee on a deed of trust or is a sale as part of a default on a mortgage or deed of trust.
(6) 
A parcel that is subdivided by means of a bona fide intrafamily transfer:
(a) 
May be transferred only to a member of the owner's immediate family for the purpose of establishing a residence for that family member. Only the recipient of a lot through an intrafamily transfer may request a building permit for a structure on a lot created through this process. Such a building permit for a residential structure must be filed with the final subdivision plat creating the lot. For purposes of this subsection, "immediate family" means father, mother, son, daughter, grandfather, grandmother, grandson or granddaughter.
(b) 
May not be rented or leased to any party except for members of the owner's immediate family.
(c) 
Must comply with the County Subdivision Regulations.
(d) 
May not be conveyed subsequently to any person other than a member of the owner's immediate family (except for a conveyance to a third party as security for a mortgage or deed of trust and except for conveyance resulting from court proceedings, including bankruptcy, divorce, mental competency, probate, foreclosure, etc., or from the disposition of a will). A variance from this limitation may be obtained from the Board of Appeals with the applicant showing that:
[1] 
The lot was created as part of a bona fide intrafamily transfer and not with the intent of subdividing the original parcel of land for the purpose of ultimate commercial sale; and
[2] 
A change in circumstances has occurred since the original transfer was made that is not inconsistent with this section and that warrants an exception, or other circumstances that are consistent with this section and with the critical area criteria to maintain land areas necessary to support the protective uses of agriculture, forestry, open space and natural habitats in RCAs warrant an exception.
(7) 
Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of the this Chapter 14:1, as amended. These covenants shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property, except as provided in this Chapter 14:1.
E. 
Site performance standards. Development and redevelopment requiring project approval in RCA development areas shall be subject to the same development standards applicable to LDA development areas (§ 14-38D of this Chapter 14:1).
F. 
Site performance standards for building permits. Development and redevelopment requiring only the issuance of a building permit within the RCA shall be subject to the same development standards applicable to LDA development areas (§ 14:1-38E of this Chapter 14:1).