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.
B. 
Notwithstanding exemptions from Chapter 14 and Chapter 18, all public services uses shall comply with applicable provisions of this article in so far as possible.
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:
(1) 
A possible hazard to nearby residents or passersby; or
(2) 
An interference with the development, use or enjoyment of surrounding property.
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:
(1) 
An outdoor balcony or rooftop patio of no less than 50 square feet is provided for each unit;
(2) 
In addition to landscaping otherwise required, at least one canopy tree with no less than a two-and-one-half-inch caliper is planted for each unit, planted as close as possible to the units.
A. 
Authorization. Temporary uses are permitted only as expressly provided in this section and shall comply with the requirements of Chapter 18:1, Part 7, of this Chapter 18.
B. 
Zoning certificate required. A temporary use may not be established unless a zoning certificate has first been issued as provided in Part 7, Article XXIV, of this Chapter 18:1.
C. 
Use limitations. Signs in connection with a temporary use are not permitted except in accordance with the provisions of § 18:1-82 of this Chapter 18:1.
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.
(a) 
The maximum length of a permit shall be one year.
(b) 
Offices and sheds shall be removed upon completion of the construction project.
(c) 
Permits shall be renewable at the discretion of the Planning Director.
(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.
B. 
Shall comply with all applicable regulations contained in COMAR 10.16.01, Migratory Labor Camps.
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
(10) 
Buffer yards.
(a) 
A buffer yard shall be established along the property line of any miniwarehouse that abuts a commercial or residential use as set forth below:
Abutting Use
Buffer yard Required
Residential
E
Low commercial
E
Medium commercial
D
High commercial
C
(b) 
Buffer yards shall be installed in accordance with the standards set forth at Chapter 18:1, Part 4, Article XI. Where two buffer yard requirements apply, the more restrictive shall govern.
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.
G. 
Mega farms.
(1) 
A twenty-foot tree buffer is required around the active portion of the property.
(2) 
Existing facilities to be grandfathered in under the existing ordinance.
(3) 
A setback of 300 feet for buildings associated with the operation.
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. 
(Reserved)
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.
(3) 
Lighting:
(a) 
Any outdoor arena lighting shall comply with the § 18:1-85 of this Chapter 18:1.
(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]
(1) 
Expansion of miniwarehouses in the Town Center District shall be permitted only for miniwarehouses that were operating as of September 7, 2004.
(2) 
The expansion shall not exceed 50% of the floor area of the miniwarehouse space that existed on September 7, 2004.
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.