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:
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:
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
(6)
(7)
Driveways and their curbs; and
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.
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
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
(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.
(4)
When
a property abuts two streets a residential
accessory structure may be located in that portion of the
side yard that is not within the front yard setback required by this
article.
[Amended 9-14-2021 by Ord. No. 21-06]
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]
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.
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;
(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.
[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.
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.
(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.
