Part 3 of this Chapter 18:1 establishes zoning districts and delineates uses permitted in each district. However, certain uses require additional standards to address location, bulk, density, and design matters relating to that particular use. This article supplements Part 3 by establishing uniform criteria for particular uses.
A.
Because of their public necessity, if the Planning Director receives the written consent of the County Administrator after the Planning Director and the County Administrator and the Planning Commission Chairman or his designee have examined all reasonable alternatives and have made a written determination that no reasonable alternatives exist, public services uses may be permitted in all zoning districts and exempt from the requirements of Chapter 18 and of Chapter 14 with Critical Area Commission approval.
C.
The Planning Director may require fencing or screening with densely planted materials to a greater extent than the required buffer yard if the Planning Director determines that the use may cause:
A.
Commercial apartments are not required to be included in the floor area ratio calculations for a commercial building.
B.
Where the maximum building height is 30 feet, a ratio of 1:2 square feet of commercial floor area to apartment floor area is permitted.
C.
Where the maximum building height is 45 feet, a ratio of 1:3 square feet of commercial floor area to apartment floor area is permitted.
D.
Commercial apartments will not be allowed unless:
D.
Specific temporary uses permitted. The following are temporary uses that are subject to the following specific regulations and standards, in addition to the other requirements specified in this Chapter 18:1.
(1)
Christmas tree sales are permitted in any district.
(a)
The maximum length of a permit for display and open-lot sales shall be 45 days.
(2)
A contractor's office, construction equipment sheds, and trailers are permitted in any district where the use is incidental to a construction project, provided that an office or shed may not contain sleeping or cooking accommodations.
(3)
Events of public interest are permitted in any district. Events of public interest include, but are not limited to, outdoor concerts, auctions, and tractor pulls.
(4)
A real estate sales office is permitted in any district for any new development approved in accordance with this Chapter 18:1. A model home may be used as a temporary sales office.
(a)
The maximum length of a permit shall be one year.
(b)
The office shall be removed upon completion of the development of the subdivision.
(c)
Permits shall be renewable where the Planning Director determines that development is progressing in accordance with County permits and approvals and all such approvals remain in effect.
(5)
When a fire or natural disaster has rendered a single-family residence or nonresidential structure unfit for human habitation, the temporary use of a manufactured home or portable trailer on the lot during rehabilitation of the original structure or the construction of a new structure is permitted.
(a)
Water and sanitary facilities as required by the County Health Department shall be provided.
(b)
The maximum length of a permit shall be six months, but the Planning Director may extend the permit for a reasonable period of time. Application for the extension shall be made at least 15 days prior to expiration of the original permit. A temporary trailer permit associated with a nonresidential use shall only be extended if the Planning Director is satisfied that the applicant is actively pursuing all approvals associated with compliance of Part 3, Article VII, of this Chapter 18:1 for the rehabilitation of the damaged structure or the construction of a new structure, and the circumstances which have delayed construction are beyond the applicant's control.
(c)
The manufactured home shall be removed from the property upon issuance of any occupancy permit for the new or rehabilitated residence. The applicant shall be required to provide express consent and authorization to the County to remove the shelter at the owner's expense upon termination of the permit.
(6)
A produce or farm stand is permitted in all districts.
(a)
A farm stand operating as a temporary use shall be open for no more than six months of a given year and shall have more than 50% of the products sold grown on site or within the County.
(b)
A temporary produce stand is allowed a maximum total sign area of 32 square feet. A maximum of eight square feet of sign area may be used as a temporary on-premise freestanding sign. Other temporary signs must be affixed to the stand. It may contain the name of the stand, but shall only contain advertising that pertains to the produce sold at the stand. A sign allowed under this subsection does not require the issuance of a sign permit.
(c)
The stand shall conform to the clear-view distance requirements set forth in Chapter 23 of the County Code.
(d)
All structures and signs shall be removed at the time the permit expires.
(7)
Retail kiosks are permitted in the WVC District as accessory uses where the use is incidental to tourism activities with the kiosk permitted to provide information, ticket sales for sightseeing or excursions, small-scale retail incidental to cultural, historic and tourism activities associated with the community and refreshments. Food services are excluded from uses permitted.
[Added 2-24-2009 by Ord. No. 08-19]
(a)
The maximum length of a permit shall be for no more than six months of a given year.
[Amended 4-12-2016 by Ord. No. 16-01]
(b)
Retail kiosks shall be stored indoors when not in use
[Amended 4-12-2016 by Ord. No. 16-01]
(c)
Retail kiosks are permitted on private property, in public access easements and on boardwalks.
(d)
ADA compliance for safe and accessible pedestrian access must be maintained when considering placement of the kiosk.
(e)
Permits are renewable annually at the discretion of the Planning Director.
(8)
Recreational vehicle overnight parking is permitted in the WVC District as an accessory use to a bona fide fraternal organization in accordance with Part 3, Article V, of this Chapter 18:1.
[Added 9-27-2022 by Ord. No. 22-02]
(a)
The maximum length of a zoning certificate shall be one year.
(b)
A limit of one consecutive four-day overnight parking stay per occupant per any one week.
(c)
There must be a vacancy between the nights in which new recreational vehicle occupants may utilize the site. The method of tracking the dates of consecutive recreational vehicle overnight parking days must be captured in the zoning certificate application.
A.
Total migrants at any state-licensed camp or collection of state-licensed camps located on the same property shall not exceed 100.
C.
Shall not be occupied for more than 270 days during any calendar year.
D.
Shall not be used as permanent residences.
E.
Shall provide for usable recreational areas on-site or within close proximity of the site.
F.
Site plan approval shall be required by the Planning Commission, and all camp structures shall be considered nonresidential for the purpose of determining nonresidential site capacity and other applicable performance standards.
G.
All camp structures shall be located at least 200 feet from all public road rights-of-way or property lines for an adjacent property that is not owned by the camp property owner.
H.
Occupants of migrant labor camps must receive their principal source of income from agricultural employment on the property containing the camp or on other properties within the County that are utilized for agricultural purposes by the camp owner.
I.
Landscaping and buffering shall be provided so as to adequately screen neighboring uses from the migrant labor camp.
J.
Minimum lot size for any parcel containing a migrant labor camp shall be 20 acres.
K.
A migrant labor camp shall not be located on deed restricted open space.
A.
Character and location of farm employee dwelling.
(1)
In general. For purposes of this Chapter 18:1, a farm employee dwelling shall be considered as an agricultural accessory use and may not be considered as a dwelling unit for the purpose of any density calculation.
(2)
Setback. A farm employee dwelling may not be located less than 100 feet from any property line or any road or street.
B.
Number allowed.
(1)
In general. Two farm employee dwellings shall be permitted on a farm.
(2)
Additional units. Not more than three additional farm employee dwellings on a farm may be authorized by the Board of Appeals upon application for a conditional use.
(3)
Effect of approval. A farm employee dwelling allowed or authorized under this section shall be subject to all provisions of this article.
(4)
Termination of use as farm employee dwelling.
(a)
Effect. Upon termination of use of a building as a dwelling for farm employees, it shall cease to be a farm employee dwelling under this article.
(b)
Other uses. Subject to the provisions of Subsection B(4)(c) below of, this section, a building that ceases to be a farm employee dwelling may be used for any use recognized as an agricultural accessory use by other provisions of this Chapter 18:1, in which case setback requirements and all other requirements of this Chapter 18:1 relating to the accessory use shall apply.
(c)
Manufactured homes. If a farm employee dwelling is a manufactured home, it shall be removed from the farm within one year after the time when it is no longer used as a dwelling for farm employees.
A.
Purpose. The purpose of the home occupation regulations and performance standards are:
(1)
To establish criteria for operation of home occupations in dwelling units within residential districts;
(2)
To encourage business formation within the County;
(3)
To encourage home-based businesses that are compatible with residential and mixed-use areas in support of the County's economic development efforts;
(4)
To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses;
(5)
To allow residents of the County to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions and criteria;
(6)
To enable the fair and consistent enforcement of these home occupation regulations;
(7)
To promote and protect the health, safety, morals, and general welfare of the community; and
(8)
To establish regulations and performance standards with which all home occupations in the County must comply, except as otherwise provided herein.
B.
Home occupation permit. No home occupation shall be established unless and until a home occupation zoning certificate is issued pursuant to § 18:1-138. A zoning certificate issued pursuant to this section shall lapse automatically if the property is used for nonresidential purposes, if the dwelling is sold or rented, if the home occupation operator dies, if the certificate lapses or is not renewed, or if the home occupation is discontinued for a period of 180 days or more and is not renewed within 30 days of written notice from the Planning Director.
C.
Use and development standards. In accordance with the following use and development standards, home occupations must:
(1)
Comply with applicable state and local laws;
(2)
Operate under a valid home occupation zoning certificate prior to operation;
(3)
Have a full-time resident operator;
(4)
Have no more than two employees whose employment requires them to be in the home;
(5)
Not involve the alteration of a structure in a manner that changes the essential residential character of the property or district;
(6)
Not include storage or use of flammable, combustible, or explosive materials;
(7)
Limit outside storage of equipment and materials to those that can be screened from view from adjacent streets and properties;
(8)
Limit parking of vehicles associated with the home occupation to existing residential driveways and shall not create hazards or street congestion;
(9)
Not include the parking of any vehicle with a payload rating of more than 1.5 tons;
(10)
Not involve the use of mechanized equipment outside of an enclosed building;
(11)
Not generate dust, odor, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line;
(12)
Limit signage to one nonilluminated nameplate, not exceeding two square feet in area, provided that such nameplate is affixed against the exterior surface of the residence at a position not more than two feet from the main entrance to the residence; and
(13)
Limit deliveries and pickups to those normally associated with residential uses, and may only occur between 8:00 a.m. and 8:00 p.m.
A.
Purpose. This section sets standards for the establishment and maintenance of safe and attractive miniwarehouse developments that will remain a long-term asset to the community.
B.
Performance standards. In addition to other requirements imposed by this Chapter 18, miniwarehouse storage facilities shall be subject to the following standards, whether allowed as a permitted or conditional use:
(1)
All storage shall be within a completely enclosed building;
(2)
The outdoor storage of inventory, materials, vehicles, or merchandise is prohibited except as provided in § 18:1-49;
(3)
No storage unit shall exceed 500 square feet;
(4)
Loading docks shall not be permitted as part of any storage building;
(5)
The distance between miniwarehouse buildings shall be a minimum of 20 feet. Where vehicular circulation lanes and parking and loading spaces are to be provided between structures, the minimum separation distance shall be increased accordingly in order to ensure vehicular and pedestrian safety and adequate emergency access;
(6)
No activities, such as sales, repairs, or servicing of goods, vehicles, equipment, or materials, shall be conducted from miniwarehouse units. The operation of a miniwarehouse shall in no way be deemed to include a transfer and storage;
(7)
Storage of hazardous and flammable materials shall not be permitted;
(8)
The maximum length of any single storage building shall be 200 feet;
(9)
No tenant identification or advertising signs shall be permitted in association with an individual storage unit; and
[Added 6-10-2025 by Ord. No. 25-01]
A.
Cannabis licensed grower.
(1)
Any signage on the property related to the use must comply with § 36-903 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.
(2)
A copy of the state issued cannabis license shall accompany any application made to the County.
(4)
A twenty-foot tree buffer consisting of two rows of evergreens four to six feet in height is required around the active portion of the property.
(5)
A setback of 300 feet for buildings associated with the operation.
(6)
As required by COMAR 15.01.16.03, cannabis can only be grown on land that is at least 1,000 feet from a school or public recreation area when grown in an outdoor field or an outdoor site.
(7)
The property must meet the definition of a farm.
(9)
Shall utilize industry best management practices and provide an operation and odor abatement plan to document how odor will be mitigated within a growing facility or outdoors. The plan must be completed by a professional mechanical engineer and certified industrial hygienist.
(10)
On an annual basis the cannabis licensed grower must provide documentation from a professional mechanical engineer and certified industrial hygienist that ensures compliance with the operation and odor abatement plan at their own expense.
B.
Cannabis licensed processor.
(1)
Subject to the following standards, whether allowed as a permitted or conditional use.
(2)
Any signage on the property related to use must comply with § 36-903 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.
(3)
A copy of the state issued cannabis license shall accompany any application made to the County.
(5)
Shall comply with all NFPA regulations.
(6)
If in the critical area must be in the IDA.
(7)
Shall utilize industry best management practices and provide an operation and odor abatement plan to document how odor from the processing facility will be mitigated. The plan must be completed by a professional mechanical engineer and certified industrial hygienist.
(8)
On an annual basis the cannabis licensed processor must provide documentation from a professional mechanical engineer and certified industsrial hygienist that ensures complaince with the operation and odor abatement plan at their own expense.
C.
Cannabis licensed dispensary.
(1)
Subject to the following standards, whether allowed as a permitted or conditional use.
(2)
Any signage on the property related to use must comply with § 36-903 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland.
(3)
A copy of the state issued cannabis license shall accompany any application made to the County.
(5)
A Cannabis licensed dispensary shall not be located:
(a)
Within 100 feet of a property zoned for residential use.
(b)
Within 1/2 mile of a property containing another licensed cannabis dispensary.
(c)
Within 500 feet of a property containing a pre-existing primary or secondary school, or a licensed child care center or registered family child care home under Title 9.5 of the Education Article; or a pre-existing playground, recreation center, library, public park, or place of worship.
[Added 8-26-2025 by Ord. No. 25-10]
A.
Purpose.
(1)
Solar energy generating stations are permitted uses in the following zoning districts: Agricultural (AG), Countryside (CS), Suburban Industrial (SI), Suburban Industrial Business Employment (SIBE), and Light Industrial Highway Service (LIHS).
(2)
Front-of-the-meter energy storage devices are permitted uses in all zoning districts.
(3)
This section sets standards for the establishment of siting standards herein are applicable to:
(4)
The following standards are applicable to solar energy generating stations sited within the Priority Preservation Area:
(a)
The total combined number of solar energy generating stations that may be approved for construction in the Priority Preservation Area shall:
B.
Performance standards for solar energy generating stations. In addition to other requirements imposed by this Chapter 18 and by Chapter 14, solar energy generating stations shall be subject to the following siting standards as a permitted use:
(1)
Setbacks:
(a)
150 feet between the solar energy generating station and the nearest wall of a residential dwelling;
(b)
100 feet between the solar energy generating station and all property lines, not including property lines that bisect the interior of a project area;
(c)
Except for equipment required for interconnection with electric system infrastructure, may not locate any solar array, ancillary equipment, or accessory buildings or facilities within a public road right-of-way;
(d)
Shall be measured from the property boundary to the nearest solar array or accessory equipment, buildings, or facilities that generate, maintain, operate, manage, distribute, and transmit electricity; and
(e)
May not apply to any interconnection tie line or facility that connects a solar energy generating station to the electric system.
(2)
A proposed solar energy generating station and any accessory structures associated with the station shall be no more than 15 feet in height.
(3)
Fencing:
(a)
Nonbarbed wire fencing shall be provided, unless the fencing is sited around the substations or other critical infrastructure for protection of that infrastructure;
(b)
Shall be no more than 20 feet in height;
(c)
Shall not be less than 50 feet away from the edge of any public road right-of-way;
(d)
Shall be sited only on the interior of a landscape buffer or immediately adjacent to a solar energy generating station; and
(e)
Shall be only black or green vinyl wire mesh if the owner proposes to use chain link fencing.
(4)
Visual impacts:
(a)
Shall mitigate the visual impact of the solar energy generating station on a preservation area, Rural Legacy Area, Priority Preservation Area, public park, scenic river or byway, designated heritage area, or historic structure or site listed on or eligible for the National Register of Historic Places or relevant County register of historic places; and
(5)
Notice shall be provided of each proposed solar energy generating station to the County Department of Emergency Services, including a map of the proposed generating station and the proposed location of any solar collector or isolator switch.
(6)
Landscaping buffer or vegetative screening:
(a)
Shall be not more than 35 feet wide;
(b)
Shall not require the use of a berm;
(c)
Shall be provided along:
[1]
All property lines;
[2]
Locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 50 feet or more in width does not exist; or
[3]
An alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;
(d)
Shall provide for four-season visual screening of the solar energy generating station;
(e)
Shall be placed between any fencing and the public view;
(f)
Shall include multilayered, staggered rows of canopy and understory trees and shrubs that:
[1]
Are a mixture of evergreen and deciduous vegetation;
[2]
Are predominantly native species;
[3]
Are more than four feet in height at planting;
[4]
Are designed to provide screening or buffering within five years of planting;
[5]
May not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screening;
[6]
Conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and
[7]
Are specified in a landscaping plan prepared by a qualified professional landscape architect.
(g)
Shall be installed as early in the construction process as practicable and before the activation of the proposed solar energy generating station;
(h)
Any forest or hedgerow that exists at a location where visual screening or landscape buffering is required shall be preserved to the maximum extent practicable and supplemented with new plantings where necessary; and
(i)
Shall be maintained with a 90% survival threshold for the life of the solar energy generating system station through a maintenance agreement that includes a watering plan.
(j)
Shall post for the first five years of the life of the solar energy generating station a landscaping bond equal to 100% of the total landscaping cost with the county in which the solar energy generating station is located.
[1]
The County shall release 50% of the landscaping bond if, on inspection, the vegetative protections meet a 90% survival threshold.
[2]
Following the release of a landscaping bond under Subsection B(6)(j)[1], the remaining landscaping bond shall be held for an additional two years and, on further inspection and confirmation that the vegetative protections continue to meet a 90% survival threshold, shall be released.
(7)
With respect to the site on which a solar energy generating station is proposed for construction, the owner of the solar energy generating station:
(a)
Shall minimize grading to the maximum extent possible;
(b)
May not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading;
(c)
To maintain soil integrity, shall plant native or noninvasive naturalized vegetation and other appropriate vegetative protections that have a 90% survival threshold for the life of the solar energy generating station;
(d)
Shall limit mowing and other unnecessary landscaping;
(e)
May not use herbicides except to control invasive species in compliance with the Department of Agriculture's weed control program; and
(f)
Shall make a Compensatory Preservation Contribution to the County when solar energy generating station are developed in identified Class I soils.
(8)
Except as required by law, or for safety or emergency, the solar energy generating station may not emit visible light during dusk to dawn operations.
(9)
An owner of a solar energy generating station:
(a)
Shall enter into a decommissioning agreement with the Public Service Commission on a form that the Commission provides;
(b)
Shall post a surety bond with the Public Service Commission for 125% of the estimated future cost of decommissioning the solar energy generating station and its related infrastructure, less any salvage value;
(c)
Shall execute a securitization bond true-up every five years; and
(d)
Shall provide the County with documentation of a decommissioning agreement and bond.
(10)
If the proposed location of the solar energy generating station is in an area considered to be overburdened and underserved, as defined in § 1-701 of the Environment Article of the Annotated Code of Maryland, documentation of compliance with the public meeting requirement outlined in § 7-218 of the Public Utilities Article of the Annotated Code of Maryland must be provided to the County.
(11)
Applicant must notify the Department of Planning and Zoning when ownership of the solar energy generating station changes, and the onsite signage containing emergency contact information must be kept current.
C.
Performance standards for front-of-the-meter energy storage devices. In addition to other requirements imposed by this Chapter 18 and by Chapter 14, front-of-the-meter energy storage devices that will not be constructed at a commercial or industrial location shall be subject to the following siting standards as a permitted use:
(1)
Fencing:
(a)
Nonbarbed wire fencing shall be provided, unless the fencing is sited around the substations or other critical infrastructure for protection of that infrastructure;
(b)
Shall be no more than 20 feet in height; and
(c)
Shall be only black or green vinyl wire mesh if the owner proposes to use chain link fencing.
(2)
Landscaping buffer or vegetative screening:
(a)
Shall be not more than 25 feet wide;
(b)
Shall not require the use of a berm;
(c)
Shall be provided along:
[1]
All property lines;
[2]
Locations of the exterior boundary for the solar energy generating station where existing wooded vegetation of 25 feet or more in width does not exist; or
[3]
An alternative location within the boundary for the solar energy generating station if the owner demonstrates that the alternative location would maximize the visual screening;
(d)
Shall provide for four-season visual screening of the solar energy generating station;
(e)
Shall be placed between any fencing and the public view;
(f)
Shall include multilayered, staggered rows of canopy and understory trees and shrubs that:
[1]
Are a mixture of evergreen and deciduous vegetation;
[2]
Are predominantly native species;
[3]
Are more than four feet in height at planting;
[4]
Are designed to provide screening or buffering within five years of planting;
[5]
May not be trimmed to stunt upward or outward growth or to otherwise limit the effectiveness of the visual screening;
[6]
Conform to the plant size specifications established by the American Standard for Nursery Stock (ANSI Z60.1); and
[7]
Are specified in a landscaping plan prepared by a qualified professional landscape architect.
(g)
Shall be installed as early in the construction process as practicable and before the activation of the proposed solar energy generating station;
(h)
Any forest or hedgerow that exists at a location where visual screening or landscape buffering is required shall be preserved to the maximum extent practicable and supplemented with new plantings where necessary; and
(i)
Shall be maintained with a 90% survival threshold for the life of the solar energy generating system station through a maintenance agreement that includes a watering plan.
(j)
Shall post for the first five years of the life of the solar energy generating station a landscaping bond equal to 100% of the total landscaping cost with the county in which the solar energy generating station is located.
[1]
The County shall release 50% of the landscaping bond if, on inspection, the vegetative protections meet a 90% survival threshold.
[2]
Following the release of a landscaping bond under Subsection C(2)(j)[1], the remaining landscaping bond shall be held for an additional two years and, on further inspection and confirmation that the vegetative protections continue to meet a 90% survival threshold, shall be released.
(3)
With respect to the site on which a front-of-the-meter energy storage device is proposed for construction, the owner of the device:
(a)
Shall minimize grading to the maximum extent possible;
(b)
May not remove topsoil from the parcel, but may move or temporarily stockpile topsoil for grading;
(c)
May not use herbicides except to control invasive species in compliance with the Department of Agriculture's weed control program; and
(d)
Shall make a Compensatory Preservation Contribution to the County when front-of-the-meter energy storage devices are developed in identified Class I soils.
(4)
All other bulk requirements shall be as required by the underlying zoning district.
(5)
If the proposed location of a front-of-the-meter energy storage device is in an area considered to be overburdened and underserved, as defined in § 1-701 of the Environment Article of the Annotated Code of Maryland, documentation of compliance with the public meeting requirement outlined in § 7-218 of the Public Utilities Article of the Annotated Code of Maryland, must be provided to the County.
A.
Outdoor structures (bleachers, movie screens, permanent rides) and outdoor seating areas shall be at least 100 feet from any lot line, exclusive of buffer yards.
B.
Any fuel pumps, underground fuel storage tanks and islands, including any canopies, shall be at least 25 feet from any street or lot line. Entrances and exits to streets shall be at least 100 feet from any intersection.
C.
Aboveground chemical or fuel tanks with a capacity of more than 800 gallons shall be located in a depressed area sized to hold all the tank volume with a one-foot freeboard. The depressions shall be lined with materials that prevent the chemicals to be stored from soaking into the ground, and having a positive drainage to an area for pumping up any spill.
D.
Tanks with a capacity of more than 4,000 gallons shall be enclosed in a chain link, barbed-wire fence.
E.
Chain link, barbed-wire topped screening and/or fencing is required for high-voltage transformers and any other utility structures or equipment of potential hazard to residents or passersby. The enclosures shall be screened with hedges.
F.
Poultry houses, manure storage buildings, outdoor storage of oyster shells, and any other associated structures shall be located:
(1)
At least 100 feet from any property line in the Agricultural (AG) or Countryside (CS) Districts;
(2)
At least 300 feet from the common property line when an existing residence, not located on the subject property, is within 300 feet or less of the common property line, at least 300 feet from all other zoning district boundaries and 300 feet from common property lines of any vacant existing lot of record which is less than five acres in size; and
(3)
Existing poultry houses, manure storage buildings and any other associated structures shall be grandfathered.
H.
No more than one untagged vehicle may be stored outdoors on any residentially improved or residentially zoned lot.
[Amended 9-7-2004 by Ord. No. 04-23]
I.
[1]Anhydrous ammonium storage.
[Added 9-7-2004 by Ord. No. 04-05]
(1)
A storage container with a nominal capacity of 2,500 gallons or greater shall be located 600 feet from all residential uses and institutional or commercial uses on surrounding lots and 50 feet from all public rights-of-way.
(2)
No new residential use shall be constructed, occupied, or maintained within 600 feet from such storage containers.
[1]
Editor's Note: Former Subsection I, Electric transmission lines, was repealed 1-17-2006 by Ord. No. 05-20. Said ordinance also redesignated former Subsection J as Subsection I.
J.
Short-term residential rentals.
[Added 11-26-2024 by Ord. No. 24-09]
(1)
As a supplemental use, short-term residential rentals shall be regulated so as to minimize adverse impacts on neighboring properties that may arise from frequent change over of guests, increases in parking requirements, lack of familiarity with property boundaries, and excessive noise.
(2)
Short-term residential rentals are permitted to be located in dwelling units in all zoning districts, provided:
(a)
The property owner shall demonstrate to the Department that the property owner or a property manager is located within Queen Anne's County or an adjacent county on the eastern shore of Maryland and available at all times during the short-term rental occupancy.
(b)
Overnight occupant and guest capacity:
[1]
With public sewer and/or water: the maximum number of overnight occupants who are 18 years or older shall not exceed 10 or two persons per bedroom, whichever is less. The maximum number of guests, including overnight occupants, who may occupy the property at any one time shall not exceed 20 persons or the maximum capacity of adequate sewer and/or water services provided, whichever is less.
[2]
Without public sewer: on private septic, at any given time the maximum number of overnight occupants and guests who are 18 years or older shall not exceed two persons per bedroom or the maximum treatment capacity of the on-site septic system, whichever is more.
[3]
All guests who are not overnight occupants shall vacate the property not later than 11:00 p.m. each day during the short-term rental period.
(c)
Outdoor amplified music shall be discontinued at 8:00 p.m.
(d)
Parking for all occupants and guests shall be provided on-site.
(e)
The property owner has secured zoning approvals as required by § 18:1-132 et seq. which may not be issued by the Department until the property has been inspected for compliance with applicable building, habitability, and fire safety codes and the property owner demonstrates compliance with Subsection J(2)(h) below.
[1]
Following the initial issuance of a zoning certificate, self-certification for inspection may be administered and confirmed through an affidavit to accompany the annual zoning certificate application. Every five years after the initial application, a County inspection will be required prior to issuance of a zoning certificate.
[2]
The County reserves the right to conduct an inspection during zoning certificate review.
(g)
Short-term residential rentals shall not be used for special events unless a conditional use approval is granted by the Board of Appeals.
(h)
The property owner has registered the use with the Queen Anne's County Finance Office to facilitate the collection of the County's hotel rental tax.
(3)
Enforcement.
(a)
A short-term residential rental zoning certificate may be suspended, revoked, or not renewed due to documented legal matters, a citation, or violation based upon noncompliance with Queen Anne's County Code, including any violations of building, electrical, plumbing, and fire code.
(b)
For a period of three years after a zoning certificate is revoked, A short-term residential rental zoning certificate may not be issued to the former applicant or to any applicant to use the same dwelling unit where the zoning certification was revoked.
K.
Spray irrigation facilities for sewage disposal.
[Added 2-7-2006 by Ord. No. 05-11]
(1)
This section applies only to wastewater generated by sewage treatment and not industrial waste.
(2)
Spray irrigation facilities are only permitted as a public service use.
(3)
Spray irrigation facilities are not permitted on properties if the property or any portion of the property is located in the Critical Area.
(4)
All lands subject to the application of effluent by spray irrigation shall be in the ownership of the County or the Municipality generating the wastewater.
(5)
The property proposed for spray irrigation must be approved by the Sanitary Commission and amended into the Queen Anne's County Comprehensive Water and Sewer Plan.
(6)
The County or the Municipality proposing a spray irrigation facility must obtain required permits from Maryland Department of the Environment and any other appropriate State or Federal agency.
(7)
Any spray irrigation facility must meet all buffer standards required by Maryland Department of the Environment and all applicable Federal, State or local regulations.
L.
Banquet facilities.
[Added 2-24-2009 by Ord. No. 08-19]
(1)
Valet service. If valet service is provided, a ratio of at least one valet per 75 quests shall be maintained.
M.
Agricultural/equestrian standards as a permitted use in the Agricultural Zone.
[Added 2-24-2009 by Ord. No. 09-01]
(1)
Agricultural/equestrian events:
(a)
The standards of this subsection shall not apply to 4-H, FFA (Future Farmers of America), non-profit youth events, educational events and other agricultural/equestrian activities, as defined in this Chapter 18, provided that fees are not charged for public attendance, unless it is an audit fee for education purposes.
(b)
No more than 10 agricultural/equestrian events, as defined by this Chapter 18, where an admittance fee is charged for spectators, may take place each calendar year.
(c)
A permit must be obtained from the Department for each event which shall limit the event to not more than three consecutive days. A fee for issuance of the permit may be set by the Department. The applicant must specify the following:
[1]
The nature of the event;
[2]
The anticipated attendance of spectators and participants;
[3]
The number of days the event will take place;
[4]
The hours during which the event will take place;
[5]
The area to be used for parking;
[6]
Any traffic control measures intended to be put in place;
[7]
Any other information determined by the Department to be relevant to the issuance of the permit.
(2)
Setbacks:
(a)
Each agricultural/equestrian facility shall be located at least 100 feet from any existing dwelling.
(4)
Overnight accommodations are prohibited for spectators.
N.
Expansion of miniwarehouses (within the Town Center District).
[Added 10-9-2018 by Ord. No. 18-02]
O.
Expansion of a use and/or tenant space that occupies more than 65,000 square feet of gross floor area in a structure (within the Urban Commercial District).
[Added 1-28-2020 by Ord. No. 19-17]
(1)
Expansion of use and/or tenant space which occupies more than 65,000 square feet of gross floor area in a structure shall be permitted only for uses that were operating on or before January 6, 2004.
(2)
The expansion shall not exceed 50% of the gross floor area of the space that existing on January 6, 2004, and is subject to the Town Center and Urban Commercial Design Standards: Commercial and Mixed-Use Development Standards which must be implemented insofar as possible.