Queen Annes County, MD
 
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Table of Contents
Table of Contents
The provisions of this article further define and regulate certain accessory uses and accessory structures. Nothing in this article shall be construed to authorize any use or structure that is not an accessory use or an accessory structure as defined elsewhere in this article.
[Amended 8-2-2005 by Ord. No. 05-14]
A. 
In general. This section is intended to authorize the location of certain incidental accessory structures and architectural features without formal zoning approval.
B. 
Exceptions to minimum setbacks. The following incidental residential architectural features shall be allowed to project into and/or overhang into any required minimum setback or building restriction line (BRL), provided that the projection into a setback does not exceed four feet and is not supported by a foundation:
(1) 
Awnings;
(2) 
Bay windows;
(3) 
Canopies; and
(4) 
Chimneys and roof overhangs.
C. 
Structures generally exempt. The following incidental accessory structures may be located at any place on any lot and do not require a zoning approval under Part 7 of this Chapter 18:1:
(1) 
A structure, other than a sign, that:
(a) 
Is designed and may be reasonably considered to be solely ornamental or decorative; and
(b) 
Serves no other purpose or function.
(2) 
A blind or other structure designed and used solely for hunting birds, waterfowl, or game during the appropriate hunting season.
D. 
Structures exempt on residential lots. The following incidental accessory structures may be located at any place on a residential lot and do not require a zoning approval under Part 7 of this Chapter 18:1:
(1) 
A single flagpole;
(2) 
A birdhouse, bird feeder, bird bath, or combination of them that does not dominate any yard;
(3) 
A single clothesline or other device for the drying of laundry;
(4) 
A single shelter for one domestic dog or cat, that is of a type normally found on residential properties and does not exceed 3 1/2 feet in height and is at least three feet from any lot line;
(5) 
Recreational equipment, including:
(a) 
Swings, hammocks, horseshoe pitches, basketball backboards and hoops, and tennis or badminton nets and poles; and
(b) 
Other recreational facilities that do not involve or utilize impervious surface other than impervious surface that is established and used primarily in connection with:
[1] 
The principal use of the lot; or
[2] 
A structure other than an incidental accessory structure.
(6) 
Except where specific provisions are otherwise made with respect to such facilities under this Chapter 18:1, including an approval (such as an approval given by the Board of Appeals or in connection with site plans or subdivision) given under this Chapter 18:1, a well or septic system that:
(a) 
Serves only the lot on which it is located;
(b) 
Complies with all other applicable laws and regulations; and
(c) 
Does not extend to any degree above the surface of the lot.
(7) 
Driveways and their curbs; and
(8) 
Fences and walls, provided that their installation does not violate any other provisions of this Chapter 18.
E. 
Determination of an accessory structure. The owner of a lot is solely responsible for the initial determination of whether the erection or maintenance of any structure on that lot is an incidental accessory structure authorized by this section. However, nothing in this article shall be construed to prohibit any agency or individual concerned with the enforcement of this article, or any other aggrieved person, from challenging the owner's determination at any time. If a structure is determined not to be an incidental accessory structure authorized by this section, it shall be removed from the lot at the sole cost and expense of the owner of that lot.
A pier may not extend into any body of water a distance greater than 150 feet, as measured from the mean high water line, unless the Board of Appeals allows a greater length as a conditional use. In no case may the length of a pier exceed 1/2 of the distance from the mean high water line to the center line of the body of water. The distance is hereby established as the tributary harbor line. All proposed piers must obtain the approval of the U.S. Army Corps of Engineers and the State of Maryland as necessary.
A. 
In general. Except as provided in Subsection B, a pier may not be:
(1) 
Allowed as an accessory use or structure; or
(2) 
Constructed on a residential lot in a subdivision approved after June 29, 1988, that was approved on the basis of a plat that included a community pier.
B. 
When permitted. One pier is permitted as an accessory use or structure on a residential lot that:
(1) 
Has a minimum of 150 feet of water frontage; or
(2) 
Is within a subdivision in a NC District that:
(a) 
Does not have a community pier or dock facility.
(b) 
Has a community pier or dock facility with fewer slips than lots, and the property owner provides satisfactory proof that the property owner, or the property owner's successors and assigns, do not have and will not have a right or ability to acquire a leased or fee simple interest in a slip in the community pier or dock.
(3) 
Is within a subdivision that was validly approved prior to April 9, 1987, and:
(a) 
Does not have a community pier or dock facility; or
(b) 
Has a community pier or dock facility with fewer slips than lots, and the property owner provides satisfactory proof that the property owner, or the property owner's successors and assigns, do not have and will not have a right or ability to acquire a leased or fee simple interest in a slip in the community pier or dock.
(4) 
On April 9, 1987, was part of another lot that has since been subdivided into five or fewer lots under the provisions of this Chapter 18:1; or
(5) 
Existed as a legal lot of record prior to April 9, 1987.
C. 
Pier building restriction line. A private pier may not be constructed within six feet of any side or front lot lines.
D. 
Shared piers. A shared pier may be located at or near a common property line without regard to the building restriction line otherwise applicable to private piers, provided:
(1) 
The shared pier serves no more than two adjacent lots;
(2) 
The two adjacent lots to be served by the shared pier have a combined shoreline frontage of at least 150 feet;
(3) 
The owners of the lots to be served by the shared pier execute an instrument, in recordable form, that runs with and binds the lots to be so served, that addresses the common use of, access to and maintenance of the shared pier that is in a form acceptable to the Zoning Administrator; and
(4) 
The shared pier, or any part thereof, may not be leased to any person who is not either a record owner of one of the lots to be served by the shared pier or a bona fide resident, occupant or lessee of a dwelling located on one of the two lots served by the shared pier.
Community piers are permitted as accessory uses to residential developments, provided that:
A. 
The community pier facility is located within the residential development on which it is to serve;
B. 
The number of slips is equal to or less than the number of lots in the development but, in any event, not in excess of the number of slips permitted under § 14:1-43 of this Code;
C. 
Overnight occupancy is not allowed on any boat docked at the community pier; and
D. 
The community pier complies with all use limitations and conditions and restrictions set forth in § 14:1-43 of this Code.
Subject to §§ 18:1-41 through 18:1-43 of this article, a marine-related commercial building, restaurant, hotel, resort hotel or country inn may have 10 or fewer docking slips on a single pier, provided that:
A. 
The pier is located on the same parcel as the use to which it is accessory;
B. 
Overnight occupancy is not allowed on any boat docked at the facility; and
C. 
Only the following uses are permitted with the accessory docking facility:
(1) 
Moorings and slips; and
(2) 
Docks, piers and access paths.
A. 
In general. A residential accessory structure may be erected or maintained in accordance with the provisions of this section. However, nothing in this section shall be construed to authorize the use of any lot or structure for any purpose that is not authorized by other provisions of this Chapter 18:1.
B. 
Location restrictions.
(1) 
A residential accessory structure:
(a) 
May not be attached or connected in any manner to any other structure; and
(b) 
Shall be located:
[1] 
At least three feet from any property line;
[2] 
Except as provided in Subsection B(2) of this section, at least six feet from the closest point of the principal building; and
[3] 
Except as provided in Subsection B(3) of this section, in a side or rear yard.
(2) 
Pools may be exempt from the setback from principal structure requirement under Subsection B(1)(b)[2] of this section, provided that the pool has a perimeter walkway of at least four feet.
(3) 
When the rear lot line abuts tidal wetlands, a residential accessory structure may be located in that portion of a front yard that is not within the front setback required by this article.
C. 
Area restrictions.
[Amended 10-19-2004 by Ord. No. 04-21; 11-9-2004 by Ord. No. 04-43]
(1) 
Except in the AG, CS and APKIG Districts, all buildings on a residential lot of between two and five acres, other than the principal building, may not cover an area of the lot greater than 80% of the area covered by the existing principal building.
[Amended 12-12-2017 by Ord. No. 17-07]
(2) 
In all districts, all buildings on a residential lot of less than two acres, other than the principal building, may not cover an area of the lot greater than 60% of the area covered by the existing principal building.
(3) 
In the AG, CS and APKIG Zoning Districts on lots between two and five acres, all buildings on the lot, other than the principal building may not cover an area of the lot greater than 200% of the area covered by the principal building; and the total square footage of all accessory structures shall not exceed 5,000 square feet.
[Amended 12-12-2017 by Ord. No. 17-07]
D. 
Height restrictions.
[Amended 10-19-2004 by Ord. No. 04-21; 11-9-2004 by Ord. No. 04-43]
(1) 
A building on a residential lot less than two acres may not exceed 20 feet in height.
(2) 
A building on a residential lot greater than two acres and less than five acres may not exceed the greater of 20 feet in height or the height of the principal building.
E. 
Accessory structures on CS District large lots. Accessory structures, such as barns, stables and sheds, may be located on existing large lots in the CS District outside building pads, provided the accessory structures shall have a pitched roof and meet all requirements of this section.
One caretaker dwelling unit may be provided as an accessory use or structure, provided that:
A. 
The parcel has a lot area of five or more acres;
B. 
The structure meets required setbacks applicable to the principal structure; and
C. 
The structure consists of no more than 50% of the area of the principal building.
A. 
In general. In a district in which institutional uses are permitted, the sale of goods and services at retail shall be permitted as an accessory use, provided that:
(1) 
The goods and services are directly related to a principal institutional use conducted on the same lot;
(2) 
Sales otherwise constitute an accessory use, as defined in this Chapter 18:1;
(3) 
Except when the sales are conducted in a principal building primarily used for an institutional use, any structure involved in the sales meets all requirements of this Chapter 18:1 for an accessory building or structure; and
(4) 
The sales are made only to persons who are at the time of sale using the lot for the principal institutional use.
B. 
Signs. In addition to any other signs allowed under this Chapter 18:1, an accessory structure authorized under Subsection A may include one wall sign not exceeding two square feet in size.
[Amended 9-7-2004 by Ord. No. 04-22]
One accessory guest residence/apartment is allowed as an accessory residential use per single-family lot, and shall not be included when calculating total allowable number of units, provided that:
A. 
It is located within the principal dwelling structure or within an approved residential accessory structure;
B. 
It does not exceed 1,500 square feet in total floor area;
C. 
Where not on public sewer, is approved by the Queen Anne's County Health Department; and
D. 
The owner of the principal dwelling unit must reside on the property.
A. 
The outside storage or display of all merchandise, products and raw materials shall meet all required setback lines and may not be allowed on the minimum landscape area as determined under Chapter 18:1, Part 4, Article X, of this Chapter 18.
B. 
All vehicle or boat repair, painting, or body work activities shall take place within a building or in an area not visible from an adjacent property or public way; except that boats in marinas are exempt from the provisions of this section.
C. 
Outside storage of material necessary for a permitted home occupation use must be completely screened from the view of adjacent streets and properties.
[Added 1-23-2018 by Ord. No. 17-17]
As an accessory use, small-scale solar arrays will be designed and intended to offset part or all of the beneficiary's requirements for energy consumption, provided that:
A. 
Siting and location:
(1) 
Is located on the beneficiary's premises or shared premises for the beneficiary's use.
(2) 
Is secondary to the beneficiary's use of the premises.
(3) 
When mounted on a roof:
(a) 
Shall not extend beyond the surface of the roof by more than necessary for proper operation or a maximum of 10 feet above a roof.
(b) 
The total height of the building or structure, including the solar panels or collection devices, shall comply with the height regulations established in this chapter.
(4) 
When mounted on the ground:
(a) 
Shall meet all accessory setbacks on residential properties.
(b) 
When located on a residential property, shall be located only in side or rear yards.
(c) 
If constructed as a roof above a parking area, shall be subject to applicable height limitations.
(d) 
When located on a commercial or institutional property, shall meet all required setbacks.
B. 
Installation:
(1) 
Certification of the structural safety of the system must be provided to ensure that the system does not cause a hazard to the health, safety, or welfare of adjacent properties.
(2) 
All roof-mounted systems shall provide evidence of compliance with fire safety codes and be accessible in the event of emergency.
(3) 
Residential applications shall have a safety mode system capable of shutdown via a clearly marked and readily accessible switch.
C. 
Performance standards:
(1) 
Submittal of a plan or survey with existing conditions and structures that shows where the solar array is to be located.
(2) 
All setbacks will be shown with distances indicated from property lines.
(3) 
The plan shall show that any glare, glint, or reflection from the solar array is oriented away from adjacent residences or buildings.
(4) 
The solar panels or devices proposed will be identified on the plan and show that they are designed with antireflective coating.
(5) 
If any lighting is proposed for security purposes, all lighting must comply with § 18:1-85.
(6) 
Shall comply with stormwater management regulations.
(7) 
When located on a commercial property shall not exceed the permitted impervious surface limitation.
(8) 
If located in the Critical Area, shall comply with lot coverage limitations.
(9) 
Environment.
(a) 
Landscaping and screening.
[1] 
Shall be screened from public view to the maximum extent practicable.
[2] 
Natural features and existing vegetation may be used to screen a solar array from adjacent residences and properties
[3] 
Screening shall be designed on a landscape plan and may consist of fences, berms, or vegetation that sufficiently screen the solar arrays at the time of installation.
[4] 
All vegetation planted for screening shall be maintained for the duration of the solar array's operation via a maintenance agreement.
[5] 
A landscape surety shall be provided. The surety will be held by the County for up to three years and upon inspection, may release up to 50% and then held for three additional years to determine the plant material has been maintained in good health. The County reserves the right to inspect and require replacement of plant material.
(b) 
Solar arrays shall not be located in special flood hazard areas within the jurisdiction of Queen Anne's County and identified in § 14:3-5 without the proper review and approval by the Floodplain Administrator.
(c) 
No disturbance to wetlands is permitted.
(d) 
No forest or woodland may be cleared without first complying with the Forest Conservation Act, Chapter 18:2.