[1]
Editor’s Note: Former § 175-21, Townhouses, was repealed 8-12-2014 by Ord. No. 2014-1
A.
Farm laborer housing shall:
(1)
Be provided for seasonal or year-round occupancy for farm laborers.
(3)
Be located at least 200 feet from all property lines.
(4)
Be limited to no more than 15 housing units with a maximum capacity of six persons per unit for seasonal occupancy and no more than four units with a maximum total capacity of 24 persons for year-round occupancy.
(5)
Satisfy all requirements of the Department of Health and Mental Hygiene.
B.
If the farm laborer housing is to include mobile homes, they shall meet all of the specifications of § 175-72 of this chapter.
C.
The year-round occupants of the farm laborer housing shall derive their principal source of income from employment on the farm where the housing is located.
D.
The housing of farm laborers shall be permitted only as long as the principal use of the property on which the housing is located is agricultural.
The following regulations shall apply to campgrounds:
A.
Size. The entire development tract shall be at least 10 acres in size.
B.
Density. A maximum of 10 campsites per acre of gross area shall be permitted.
C.
Recreation area. A minimum of 30% of the development tract area shall be reserved for open space and recreational area, exclusive of areas required for individual campsites, roads or service areas.
D.
Interior roads. Interior road surfaces shall be a minimum of 20 feet in width and may be paved or unpaved.
E.
Bufferyard. All campgrounds shall be effectively screened by a planting of a type, height and spacing to screen campground activity from adjoining properties. Existing natural vegetation, if appropriate, may be utilized to satisfy this requirement.
F.
Site area. Each campsite shall contain a stabilized vehicular parking pad of shell, marl, paving or other suitable material. Exposed ground surfaces in all parts of the campground shall be paved, covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and capable of eliminating objectional dust.
G.
Parking. There shall be at least three parking spaces designated for each two campsites. Such parking may be provided in common parking areas or on individual campsites.
H.
Sanitary facilities. Each campground shall make available an adequate potable water supply, sewage disposal system, refuse collection system and other facilities for sanitary and health purposes in accordance with regulations of the County Health Department.
I.
Maintenance. All campgrounds, including all facilities, roads and landscaping, shall be maintained in a neat, orderly and attractive appearance.
J.
Commercial uses. Commercial uses shall be permitted but shall be limited to grocery stores and laundry establishments to serve only the users of the campground. No commercial establishment shall be larger than five square feet for each campsite, with a total maximum size limit of 3,000 square feet.
The following regulations shall apply to swimming or tennis clubs:
A.
Any pumps and filters which are located above ground shall be at least 50 feet from adjoining properties.
B.
The dispensing of food, beverages, candy and tobacco shall be by coin-operated machines only.
C.
All lights shall be shielded to reflect or direct light away from adjoining property.
D.
The parking layout and surfacing shall be approved by the County Engineer.
The following regulations shall apply to drive-in theaters:
A.
No structure, other than an enclosure fence, shall be located within 50 feet of any lot line. The theater screen shall be located not less than 100 feet from any County or state road or property in a residential zoning district and shall not face such road or residential property unless the face of the screen is not visible therefrom because of natural or artificial barriers.
B.
The theater shall have direct entrance or exit on a major arterial or arterial road, and not more than two exits shall be provided to each access road.
C.
Sufficient area shall be provided between each road and the viewing area to provide waiting space for vehicles equal to not less than 25% of theater capacity, and of that waiting space so provided, not less than 10% of the theater capacity shall be provided between the road and the ticket booths. In all cases, sufficient waiting space shall be provided so that vehicles will not back up onto the traveled way of the road. Waiting area shall be calculated on the basis of one space per 25 lineal feet of waiting lane.
D.
The theater shall have individual car sound speakers, but low volume horns may supply sound to refreshment stands and other service areas, and may have accessory uses and structures incidental to the theater operation, including refreshment stands and toilet facilities, provided that they serve only the patrons while within the theater enclosure. Speakers and horns shall not be audible beyond the boundaries of the theater property.
E.
No drive-in theater shall air, display, show, or provide any adult-oriented entertainment or material on any theater screen at any time; nor shall any drive-in theater air, display, show, or provide any adult-oriented entertainment or material in any other manner unless the property on which said theater is located is within a district in which an adult-oriented business is allowed and which meets all applicable requirements for an adult-oriented business.
Site plans for industrial uses shall be submitted and approved in accordance with Article XIV of this chapter and if all of the following conditions are met:
A.
The maximum allowable plant size shall be 500,000 square feet, unless a special use exception is granted by the Board of Zoning Appeals.
B.
Employees. The total number of employees per plant shall not exceed 500, unless a special use exception is granted by the Board of Zoning Appeals.
C.
Storage. Outdoor storage within 500 feet of a residential zoning district boundary shall be effectively screened by a wall, fence or planting so that the materials will not be visible from the residential zoning district.
D.
Manufacture of certain products limited. The manufacture of materials or products which decompose by detonation is limited to five pounds per year; however, such materials may be stored or utilized in any quantity. Such materials shall include but are not limited to all primary explosives; all high explosives; propellants and components thereof; blasting explosives; unstable oxidizing agents such as perchloric acid, perchlorates and hydrogen peroxide in a concentration greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
E.
Fire hazards.
(1)
Solid materials. Solid materials susceptible to fire hazards shall be subject to the following:
(a)
The storage, utilization or manufacture of solid materials which are active to intense burning shall be contained within walls having a fire resistance of no less than two hours or shall be protected by an automatic fire-extinguishing system, or the building shall be no less than 40 feet from all lot lines.
(b)
The outdoor storage of such materials shall be permitted no closer than 50 feet to all lot lines.
(2)
Flammable liquids or gases.
(a)
The storage, utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers of 60 gallons or less, which shall be unrestricted.
(b)
The total storage capacity of flammable liquids shall not exceed 120,000 gallons.
(c)
The total storage capacity of flammable gases shall not exceed 300,000 SCF stored above ground or 600,000 SCF stored below ground. [SCF equals standard cubic feet at 60° F. and 29.92 inches of mercury (Hg)].
(d)
The following setback requirements will apply to the location of any container which holds flammable liquids or gases:
Liquid Capacity Per Container (gallons) | Container Setback Underground (feet) | From Lot Lines Above Ground (feet) | Distance Between Aboveground Containers |
|---|---|---|---|
0 to 2,000 | 25 | 25 | 3 feet |
2,001 to 30,000 | 50 | 50 | 5 feet |
30,001 to 60,000 | 50 | 75 | 1/4 the sum of the diameters of adjacent containers |
In excess of 60,000 | 75 | 100 | 1/4 the sum of the diameters of adjacent containers |
F.
Compliance with other regulations. Approval must be received from all appropriate local, state and federal authorities before development may commence.
G.
Protection of surrounding neighborhood. Each industrial establishment shall be designed, operated and maintained so as to offer reasonable protection to the surrounding neighborhood and the environment, particularly with regard to fire, explosion, odor, noise, dust, vibration, glare and the use of residential streets for access.
[Amended 4-24-2018 by Ord. No. 2018-1]
The following regulations shall apply to mineral extraction facilities.
[Added 4-24-2018 by Ord. No. 2018-1]
A.
Required. A person who intends to engage in mineral extraction shall first submit a preliminary site plan application to the Department of Planning and Codes for review by the Planning Commission (for major mineral extraction facilities) and/or Zoning Administrator (for minor mineral extraction facilities). The application shall include a preliminary site plan, an operations plan, and any other information reasonably requested by the Zoning Administrator or the Planning Commission (with respct to an application for major mineral extraction). The preliminary site plan shall be reviewed by the Technical Advisory Committee (TAC) for the purpose of obtaining the preliminary comments and concerns, if any, of TAC members. The applicant shall provide sufficient copies of application materials (electronically or otherwise) for each TAC member as well as for the Zoning Administrator and the Planning Commission with respect to a proposed major mineral extraction facility. The Planning Commission and/or Zoning Administrator shall provide a staff report with recommendations and concerns relative to the application to the Board of Zoning Appeals based on the information provided during the preliminary site plan approval process if the applicant applies for a special use exception or a special use exception and variances. The Planning Commission or Zoning Administrator may make recommendations or express concerns to the Board of Zoning Appeals regarding off-site improvements. If the Board of Zoning Appeals approves a special use exception, an applicant then shall apply for final site plan approval. Proposed mineral extraction facilities consisting of multiple parcels, either in the same deed or in separate deeds, are required to submit a plat with their application consolidating the parcels and extinguishing interior lot lines.
B.
Contents of preliminary site plan. The preliminary site plan shall include the information required by § 175-123 and:
(2)
Any parcels that the applicant needs to consolidate so that the mining facility and all mining operations will be conducted on one parcel.
(3)
Any areas where topsoil or overburden will be stockpiled, including the maximum height of such stockpiles.
(4)
Any areas where mined material will be stockpiled, including the maximum height of such stockpiles.
(5)
Any structure(s) associated with the extraction, processing and/or wash plant operations, including the maximum height of such structure(s).
(6)
Any drainage ditches located on any areas impacted by extraction, processing or wash plant operations.
(7)
The approximate location of any ponds that will be created as the result of extraction.
[Added 4-24-2018 by Ord. No. 2018-1]
A.
Operations plan required. A person who intends to engage in mineral extraction shall submit an operations plan to the Department of Planning and Codes in conjunction with the submittal of a preliminary site plan.
B.
Operations plan content. Every operations plan shall describe:
(1)
The total acreage of each parcel on which extraction or processing will occur and/or on which a wash plant will be operated.
(2)
The total acreage of the area(s) where extraction will occur.
(3)
How topsoil and overburden will be handled and disposed.
(4)
How and when berms and buffer yards will be constructed, any landscaping that will be provided and how any landscaping provided will be maintained so as to ensure that such landscape planting lives and matures, including the width, side slopes and height of any berms and the caliper and species of landscape trees, the species, age of landscaping of bushes or grasses, and any soil amendment and watering that will be provided to enhance the survival rate of landscape plantings.
(5)
The volume and capacity of truck traffic for hauling materials to and from the site that is anticipated on a daily basis and the type(s) of truck traffic that is anticipated, including the unloaded and loaded weights of such anticipated truck traffic.
(6)
The condition of the County roads that truck traffic hauling materials to or from the proposed facility is anticipated to travel, including:
(a)
The width of the paved portion of such road(s).
(b)
The width of any travelable portion of any shoulders to such road(s).
(c)
Any traffic control devices on such road(s).
(d)
The type of surface currently on such road(s).
(e)
Any acceleration, deceleration, and left-hand turn lanes on such road(s) and on the state road(s) that intersect with such road(s).
(f)
The speed limit on such road(s) and the speed limit on any state road at the point of intersection with the County road(s).
(g)
The sight distance at all intersections.
(h)
Swales, ditches, or other stormwater management features, if any, within the shoulders of such roads.
(7)
The anticipated volume of truck traffic on that/those road(s) on a daily basis.
(8)
Any drainage ditches or public drainagecourses that handle off-site stormwater runoff that traverse or cross any portion of the property where mining will occur and what actions will be taken to ensure that the proposed extraction facility will not impact off-site drainage that flows onto or through the parcel(s) being mined.
(9)
Any water that will be discharged in conjunction with extraction, processing or wash plant operations, where such water will be discharged, what actions will be taken to control stormwater/water runoff/discharge to drainage systems or streams, what actions will be taken to ensure that stormwater/water discharges do not adversely impact neighboring properties, and what actions will be taken to maintain the quality of stormwater runoff/water discharges so that the sediments and nutrients in such discharges are controlled and minimized. Erosion and sediment control measures shall comply with provisions of Chapter 103 of the County Code and other applicable state laws and regulations.
(10)
Measures that will be taken to minimize the creation of dust and airborne particulate during extraction, processing and/or wash plant operations.
(11)
Methods of noise mitigation and measures that will be taken to minimize noise generated by the facility.
(12)
Methods of screening extraction, processing and wash plant operations from the public view.
(13)
Any site access/entrance improvements that will be made by the applicant.
(14)
The anticipated duration of extraction, processing and/or wash plant operations.
(15)
How the applicant anticipates that areas of extraction will be reclaimed at the conclusion of mining and the anticipated use of the site at the conclusion of mining.
C.
Additional requirements for major mineral extraction operations plan. In addition to the requirements of Subsection B, the operations plan of an applicant proposing to engage in major mineral extraction shall also include the following:
(1)
The anticipated size and sequence of the different phases of extraction activity.
(2)
Any phasing of construction of buffers or buffer yards.
(3)
Sanitary facilities to be established and maintained.
(4)
Any backfill that will be transported to the site.
(5)
Any explosives that will be used during extraction.
(6)
Such other and further information as the County deems necessary to evaluate the noise, dust, odor, traffic and/or esthetic impacts of the proposed operations.
[Added 4-24-2018 by Ord. No. 2018-1]
A person desiring to use property for mineral extraction shall be required to obtain a special use exception from the Board of Zoning Appeals after receiving a preliminary site plan recommendation from the Zoning Administrator or the Planning Commission. Notice of the hearing before the Board of Zoning Appeals on the special use exception application shall be provided to the name and address on record with the State Department of Assessments and Taxation of every property owner whose property, or any portion thereof, is within 1,000 feet for major mineral extraction or 500 feet for minor mineral extraction of the boundary line of any properties on which mineral extraction operations or an accessory use or operations related to such mineral extraction operations are to be conducted. The applicant shall provide a list of the names and addresses of all such property owners.
A.
The Board of Zoning Appeals shall review the approved site plan as part of the application for special use exception and may make modifications or impose off-site improvements and/or additional requirements deemed necessary by the Board to satisfy the special use exception criteria. (See §§ 175-142 and 175-143.) Off-site improvements required by the Board of Zoning Appeals shall be based upon rough proportionality between the required improvements and the projected impact of the proposed facility.
B.
Notwithstanding § 175-144, an applicant shall have 18 months from final site plan approval to obtain a zoning certificate and/or building permit and to commence development of the mining facility before such special use exception shall become null and void. The applicant shall be able to obtain up to an additional six-month extension before the approval is voided if the applicant, to the satisfaction of the Board, establishes that it has diligently pursued necessary state approvals but has been delayed for reasons beyond its control in obtaining such state approvals.
C.
If the state voids the permits issued to the applicant that allow the applicant to engage in mineral extraction or refuses to issue the applicant necessary permits for phased work, any special use exception granted by the Board shall automatically expire and the applicant shall become obligated to close and reclaim the site in accordance with state law and regulations and any bond or permit for such purposes submitted by the applicant.
D.
Special use exceptions granted by the Board shall run coextensively with a state-issued permit.
E.
Any final decision of the Board may be appealed to the Circuit Court for Caroline County by petition for judicial review.
[Added 4-24-2018 by Ord. No. 2018-1]
A.
Minor mineral extraction. A site plan for minor mineral extraction approved by the Zoning Administrator shall meet the following conditions and requirements:
(1)
The applicant shall pay the fee established by the County Commissioners for site plan review and approval.
(2)
The Zoning Administrator shall provide written notice to each adjoining property owner (based on SDAT records) within 500 feet of the parcel(s) on which minor mineral extraction will occur (other than the applicant) advising of the proposed facility and where such adjoining property owner may go within 30 days of the date of the notice to review the proposed site plan and/or to make any comments thereto.
(3)
The Zoning Administrator shall not approve any site plan and operations plan until 35 days after the date of mailing of the notice required in Subsection A(2). Upon approval of the site plan, the Zoning Administrator shall mail notice of approval to each adjoining property owner within 500 feet of the parcel(s) on which minor mineral extraction will occur (other than the applicant) advising that the site plan has been approved and advising of the right of such adjoining property owner to seek judicial review of the decision of the Zoning Administrator to confer site plan approval.
B.
Major mineral extraction. A final site plan for each major mineral extraction operation approved by the Planning Commission shall meet the following conditions and requirements:
(1)
In addition to the information required by § 175-27.1B, a final site plan for major mineral extraction shall include:
(a)
The proposed phases of extraction operations and the sequence of each phase.
(b)
The different phases of buffer and/or buffer yard development and details relative to the types, spacing and maturity of plants that will be included in any landscaping.
(c)
If material stockpiles and/or topsoil and overburden stockpiles will be located in different areas during the different phases of operations, separate plans showing where such stockpiles will be located during the different phases of operation.
(d)
If the wash plant is to be located in different areas during extraction, each area where the wash plant will be located.
(e)
The County roads that will be used by truck traffic that will haul materials from or to the facility and the type and capacity of trucks that will be used to haul materials from or to the facility.
(f)
Details of any systems that will be utilized to ensure that drainage from off-site properties that currently flows onto or through the property on which the facility will be located will not be adversely impacted.
(g)
Details relative to stormwater management and the management of water extracted or used during extraction, processing or washing operations.
(h)
The details of entrance improvements that will be made.
(i)
The location of any residential dwellings or institutional buildings or structures within 1,000 feet of the boundaries of the parcel where extraction, processing and/or any wash plant will be located and the location of any off-site features or landscaping that currently would shield or buffer such residential dwellings and/or institutional buildings or structures from the proposed extraction, processing and wash plant operations.
(j)
Additional requirements. The Planning Commission may request modifications to the final site plan or operations plan that it deems necessary to mitigate the visual impacts and/or the anticipated impacts of noise, dust, odor or traffic on neighboring properties. Such additional conditions and requirements may include:
[1]
Improvements to the roads, drainage, and/or intersections the extraction facility will use or impact. Such requirements shall not supersede or replace any requirements imposed by the Department of Public Works.
[2]
Any performance bond or letter of credit that the applicant will provide to the County for the purpose of making road/intersection improvements or repairs or other public infrastructure improvements or repairs that are required as a result of the impacts and/or potential damage or excessive wear and tear that will or could be caused by an extraction facility to public infrastructure.
[3]
Restrictions on hours and/or days of operation in the site plan approval process where the extraction, processing or wash plant operations are within 1,000 feet of a residential dwelling.
[4]
Haul route requirements or restrictions for the truck traffic that will be used to haul materials or equipment to or from the facility so as to minimize the extra wear and tear to County roads and the public health, safety and welfare impacts of such truck traffic to neighboring properties.
(2)
The Planning Commission shall not review and approve the final site plan until:
(a)
The Technical Advisory Committee has reviewed the site plan and the operations plan and made recommendations relative thereto pursuant to § 175-122.
(b)
The Department of Planning and Codes has determined that the site and operations plans are in compliance with the requirements of this Article.
(c)
The Zoning Administrator has provided written notice to each adjoining property owner (based on SDAT records) within 1,000 feet of the parcel(s) on which major mineral extraction will occur (other than the applicant) advising of the proposed facility and where such adjoining property owner may go within 30 days of the date of the notice to review the proposed site plan and/or to make any comments thereto.
(3)
The Planning Commission shall consider the information provided on the site plan and in the operations plan, the goals and objectives of the Comprehensive Plan, and the standards and requirements of this chapter.
[Added 4-24-2018 by Ord. No. 2018-1]
A person engaged in extraction, processing and/or the operation of a wash plant shall meet the following minimum standards:
A.
No land disturbance, except for the purpose of constructing a buffer yard, e.g., berms and landscaping that has been approved by the Zoning Administrator (for minor mineral extraction) or the Planning Commission (for major mineral extraction), shall occur within 200 feet of the right-of-way (ROW) line of any public road. Absent an established right-of-way line, the distance shall be measured from the edge of the traveled portion of the roadway.
B.
No land disturbance, except for the purpose of constructing a buffer yard that has been approved by the Zoning Administrator or the Planning Commission, shall occur within 200 feet of a lot line regardless of the ownership of the parcels.
C.
Storage of materials or equipment shall not occur within 200 feet of the right-of-way line of any public road or within 200 feet of a property line, regardless of the ownership of the parcels.
D.
Any structures used or associated in any manner with extraction, processing or a wash plant shall not be erected within 200 feet of any property line or within 200 feet of any public road. This setback to adjoining property lines shall not apply where the adjoining property is used for mineral extraction or heavy industry.
E.
Extraction and/or processing sites shall provide a minimum 100-foot buffer of natural vegetation between the operation and edges of streams. Wash plants, including ponds, and spoil piles shall not be located and equipment shall not be stored within this buffer area.
F.
Extraction sites in the Critical Area shall be referred to the Critical Area Commission for review. Any requirements established by the Critical Area Commission shall be included in the final site plan.
G.
Setbacks established in this section may be modified on a case-by-case basis by the Board of Zoning Appeals as part of the special use exception process after recommendation by the Zoning Administrator and/or Planning Commission and based on the facts and circumstances of record.
[Added 4-24-2018 by Ord. No. 2018-1]
As a condition of approval, the Zoning Administrator or the Director of Public Works may require studies to be performed to evaluate the impact of a proposed major mineral extraction operation facility on and/or to public infrastructure. Such study shall be conducted by a licensed engineering firm retained by the County. The applicant shall pay for all costs associated with any required studies. Such studies may include but are not limited to:
A.
Traffic impact studies on roads or at intersections that will carry traffic from state roads to and from the mining facility;
B.
Roadway and infrastructure structural analyses on roads that will carry traffic from state roads to and from the mining facility; and
C.
Sufficiency of existing intersection controls, and acceleration, deceleration and turn lanes on roads that will carry traffic from state roads to and from the mining facility for vehicular traffic contemplated by facility operations.
[Added 4-24-2018 by Ord. No. 2018-1]
Before commencing development or the expansion of a mineral extraction facility, the property owner shall obtain a zoning certificate from the Zoning Administrator.
[Added 4-24-2018 by Ord. No. 2018-1]
The owner of property on which a mineral extraction facility is operated and the operator of a mineral extraction facility shall notify the Zoning Administrator in writing of cessation of operations. Any facility at which mineral extraction operations have not occurred during the preceding 18 months will be deemed to have ceased operations. Any structures (including temporary processing plants and equipment used for extracting, processing, stockpiling or washing minerals) shall be deemed temporary. Such structures and/or equipment shall be dismantled and removed within a period of four months following cessation of operations.
[Added 4-24-2018 by Ord. No. 2018-1]
The following accessory uses may be permitted on a property where an extraction facility is approved:
A.
The storage, sorting, stockpiling, distribution and sale of materials extracted on the premises or any materials permitted on the property by § 175-27.9B.
B.
The crushing, treating, washing, mixing or processing of materials.
C.
The storage, maintenance and repair of vehicles and equipment used in the mineral extraction operations.
[Added 4-24-2018 by Ord. No. 2018-1]
Mineral extraction facilities fully permitted by the State of Maryland prior to the effective date of this ordinance[1] are exempt from the provisions of this Article. Modifications of and/or expansions to existing mineral extraction facilities not included in a state-issued permit shall be subject to the provisions of this Article.
[Amended 1-18-2022 by Bill No. 2022-1]
A.
Special use exception. A collection site, composting facility, natural wood waste recycling facility, resource recovery facility, solid waste disposal facility or solid waste processing facility may be permitted as a special use exception in the zoning districts as designated in the Table of Use Regulations and in addition subject to the requirements of this section, Article XIV and Article XVI of this chapter.
B.
Minimum setbacks. The following minimum setbacks shall be required:
(1)
Solid waste disposal facility:
(a)
Six hundred feet between any driveway, parking area, private road, structure or active recreation area of any church, golf course, park or recreation complex, day-care, hospice or health care facility, public library, public or private school and any driveway, parking area, private road, structure or solid waste deposit or disposal area of the solid waste disposal facility.
(b)
Six hundred feet between any driveway, dwelling, parking pad, patio, pool, porch or similar structure of any dwelling or residential facility and any driveway, parking area, private road, structure or solid waste deposit or disposal area of the solid waste disposal facility.
(c)
One hundred feet between any intermittent or perennial stream, tidal or nontidal wetlands or 100-year floodplain and any solid waste deposit or disposal area of the solid waste disposal facility.
(d)
Fifty feet between any public road and any driveway, parking area, private road, structure or solid waste deposit or disposal area of the solid waste disposal facility.
(e)
Fifty feet between any adjoining property line and any driveway, parking area, private road, structure or solid waste deposit or disposal area of the solid waste disposal facility.
(2)
Compost facility, natural wood waste recycling facility, resource recovery facility and solid waste processing facility:
(a)
One hundred feet between any intermittent or perennial stream, tidal or nontidal wetlands or 100-year floodplain and any solid waste deposit area of such facilities.
(b)
Fifty feet between any public road and any driveway, parking area, private road, structure or solid waste deposit area of such facilities.
(c)
Fifty feet between any adjoining property line and any driveway, parking area, private road, structure or solid waste deposit area of such facilities.
D.
Screening. All activities shall be appropriately and effectively screened from public view, in light of existing or planned surrounding land uses, by any combination of structural, topographical or vegetative means. The Board may require a monetary guarantee that all screening will be established and maintained.
E.
Fencing. Every facility shall install a perimeter security fence that is at least six feet in height. The fence shall be constructed to effectively prohibit entrance at unauthorized times and locations. The fence shall be of sturdy construction and unobtrusively painted or finished and shall be maintained in good condition at all times.
F.
Lighting. Adequate low-mast lighting shall be provided for each site for nighttime security. Lighting shall be shielded from adjoining properties.
G.
Access.
(1)
Access roads should be a minimum of 20 feet in width, with adequate drainage. The entrance onto a public road of an access road to a compost facility shall be constructed in accordance with standards set forth in an entrance permit obtained from the Department of Public Works or other approving authority, such as the State Highway Administration.
(2)
No vehicular access to any facility may be gained from or through any residential subdivision or residential neighborhood. Whenever possible, access shall occur by way of arterial or major arterial roads.
(3)
Applicant shall submit a traffic and road condition study to determine off-site road and intersection impacts, adequacy of off-site roads and intersections, adequacy of on-site access roads and parking areas, adequacy of the public road network and other infrastructure serving the site to safely accommodate traffic, including truck traffic, to be generated by the facility and adequacy of existing infrastructure, including traffic control devices, to protect the traveling public. Applicant shall provide, at its expense, necessary infrastructure improvements to maintain vehicular traffic at its current level of service or no less than a B level of service as defined in the most recent edition of Highway Capacity Manual, Transportation Research Board.
(4)
Applicant shall provide a map showing the geographic areas to be served by the facility and the anticipated routes of ingress and egress to the facility. Applicant shall pay for any signs deemed necessary to direct vehicular traffic accessing the facility to use approved routes of ingress and egress.
(5)
The Board may require applicant to provide a monetary guarantee and/or may require applicant to deposit funds sufficient to pay for all required access improvements and any other infrastructure improvements necessary to meet and maintain the adequacy standards of all existing public roads.
H.
Emergency services. Applicant shall submit the proposed operational plan, including all precautions being undertaken to minimize the chance of fire and other potential emergency situations, to the Board and to the Director of the Caroline County Department of Emergency Management. The Director of the Caroline County Department of Emergency Management shall advise the Board as to whether local emergency response agencies will have adequate equipment and personnel for any reasonably anticipated emergency at the site.
I.
Additional criteria. The Board shall also consider:
(1)
The noise generated by the vehicular traffic entering and exiting the site and the machinery that will be operated at the site on a regular basis. Any technology, procedures and/or devices applicant represents will be employed to control or eliminate noise shall be made conditions to any special use exception granted by the Board;
(2)
The dust and particulate matter that will be generated by operations at the site. Any technology, procedures and/or devices applicant represents will be employed to control or eliminate dust or particulate matter shall be made conditions to any special use exception granted by the Board;
(3)
The mud and debris that may be deposited on public roads by vehicles entering and exiting the site. Any wheel washer, road sweeper, road cleaner, policing or other devices or procedures that will be used to maintain the integrity of public roads shall be made conditions to any special use exception granted by the Board;
(4)
The visual impact of the facility and proposed operations on surrounding properties. Any buffers, setbacks, screens, earth berms, vegetative plantings and other devices or structures that applicant represents will be used to make the site and the operations at the site compatible with adjacent and adjoining lands shall be made conditions to any special use exception granted by the Board;
(5)
The noxious odors that may emanate from the site and any facility or operations at the site. Any technology, procedures and/or devices applicant represents will be employed to control or eliminate noxious odors shall be made conditions to any special use exception granted by the Board; and
(6)
The rodents, insects or other vectors that may populate or escape the site. Any technology, devices and procedures that will be utilized to prevent and control rodents, insects and other vectors shall be made conditions to any special use exception granted by the Board.
J.
Site plan. The application for a special use exception shall be accompanied by a site plan that complies with this section and Article XIV of this chapter.
K.
Additional site plan requirements. The required site plan shall include the following additional information. If any of the following are inapplicable to the proposed facility, the applicant shall provide descriptive explanation for exclusion with the site plan:
(1)
Types, origin and anticipated quantities of materials to be accepted for disposal and/or processing;
(2)
Types of materials not to be accepted and procedures to be utilized to determine whether unacceptable materials are received and the procedures that will be followed in the event unauthorized materials are received;
(3)
Days and hours of operation;
(4)
The location and acreage of the property to be excavated in conjunction with any landfill operations;
(5)
Existing and proposed topographic contours;
(6)
Stockpile areas, including the size and height of any stockpiles, any breaks in stockpiles and procedures that will be employed to control the spread of fire, in the event of fire;
(7)
Major items of equipment, including manufacturer, type, model, capacity, noise levels and number of units;
(8)
Noise control devices and procedures;
(9)
Devices and procedures used to control the escape of dust and particulates;
(10)
A descriptive statement of all operational processes to be used, including all devices and procedures, to maintain the cleanliness of public or private roads and to preclude vehicles parking along or clogging public or private roads prior to the daily opening of the facility;
(11)
All devices that will be used to control windblown debris and matter from leaving the site;
(12)
All technologies, devices and procedures that will be utilized to prevent and control rodents, insects and other vectors from populating or escaping from the site;
(13)
The zoning districts of all adjoining property;
(14)
The size and location of any driveways, roads, structures or buildings on adjoining properties;
(15)
The location of any property containing a church, dwelling, residence, daycare, hospice or health care facility, library, park, golf course, active recreation complex or school that is within 1,500 feet of any boundary of the site;
L.
Conformity with the Solid Waste Management Plan. In reviewing a special use exception application filed pursuant to this section, the Board shall consider the criteria in the Caroline County Solid Waste Management Plan. If a facility is in conformance with the Plan, the Board shall so find. If the facility is not in conformity with the Plan, and conditions may be imposed that will bring the facility into conformance with the Plan, the Board shall impose those conditions necessary to bring the facility into conformance with the Plan. If conditions cannot be imposed to bring the facility into conformance with the Plan, a special use exception shall be denied, and the Board shall find that the facility is not in conformance with the Solid Waste Management Plan.
M.
Permission to operate. Approval by the Board of a special use exception does not confer permission to operate. Prior to operation, a facility shall meet all standards of this chapter and all applicable local, state and federal regulations.
N.
Hazardous waste disposal facility. A hazardous waste disposal facility is not a permitted use in any area of the County subject to this Chapter.
O.
Monetary guarantee. The Board may require applicant to post a performance bond, a letter of credit and/or any other monetary guarantee that the Board deems necessary to guarantee and to secure the performance of any and all conditions and undertakings required of applicant to comply with the requirements and conditions of this section of the zoning code and/or any conditions lawfully imposed by the Board pursuant to any special use exception granted by the Board.
[Amended 7-22-2025 by Bill No. 2025-007; 10-28-2025 by Bill No. 2025-013]
A.
Wastewater treatment facilities shall render wastewater fit for disposal on the premises or, as an alternative, shall render wastewater fit for discharge in such state or condition:
(1)
As not to result in pollution, as defined by § 8-101(i) of the Natural Resources Article of the Annotated Code of Maryland, of any waters of this state.
(2)
As not to create any odors or other air pollution which carry beyond the property lines.
(3)
That the effluent shall conform in all respects with the applicable standards of the water quality control agencies having jurisdiction.
B.
Wastewater treatment facilities shall be located not less than 100 feet from any adjoining property lines or public ways, provided that the Board of Zoning Appeals affirmatively finds that such facilities will not adversely affect any other property and any waters of this state.
C.
Notwithstanding any other provision of Chapter 175, a non-accessory wastewater treatment facility may be permitted in the R, Rural District by Special Use Exception, provided that:
(1)
The facility held an active Maryland Department of the Environment (MDE) State Discharge Permit within the five years immediately preceding the effective date of enactment of this Subsection C; and
(2)
The proposed operation is substantially similar in use and function to the facility's prior operation under the previously issued State Discharge Permit; and
(3)
All other local, state and federal regulations applicable to the proposed facility are met.
A.
Home occupations shall:
(1)
Be located in the principal residence or in a single accessory building, or portion thereof, no larger than 1,200 square feet. A special use exception shall be required to exceed the limit of 1,200 square feet.
(2)
Not change the residential character and outside appearance of the premises.
(3)
No more than one nonresident employee shall report to a home occupation site at any time.
B.
No goods for sale, lease or rent shall be stored on the property in a manner so as to be seen from off the premises.
C.
Agriculture is not a home occupation.
The following regulations shall apply to bed-and-breakfast facilities:
A.
The bed-and-breakfast shall be located in the principal residence, and no more than one accessory structure and consist of no more than five guest rooms, excluding the owner/operator quarters.
B.
Meals for guests shall be limited to breakfast and shall be provided in a common area of the dwelling such as in a dining room.
C.
There shall be no area for food preparation within the individual units.
D.
The bed-and-breakfast shall not substantially detract from the single-family characteristics of the property by size, design or appearance.
E.
Exterior changes or alterations should be minimized. Extensions or enlargements of the existing structure should not exceed 50% of the gross floor area of the existing structure at the time of the adoption of these regulations.
F.
A site plan and architectural drawing shall be submitted with the application.
G.
Adequate parking shall be located towards the rear of the site. The required number of parking spaces shall be determined by the Table of Parking Regulations. The parking area should be screened from adjoining properties. Parking and screening shall be shown on the site plan as required by Article XIV, § 175-123.
H.
The bed-and-breakfast must meet all applicable fire, safety and health codes and regulations.
The following regulations shall apply to country inn facilities:
A.
The country inn shall consist of no more than 12 guest rooms, excluding the owner/operator quarters.
B.
Meals shall be provided in a dining facility. The dining facility shall be limited to a maximum seating capacity of 60 persons. Such dining facility may provide service to patrons other than guests.
C.
There shall be no area for food preparation within the individual guest rooms.
D.
The minimum lot size for any parcel providing such facilities shall be five acres.
E.
The country inn shall maintain the rural and historic characteristics of the property and surrounding area by design and appearance.
F.
A site plan and architectural drawing shall be submitted with the application.
H.
The country inn must meet all applicable fire, safety and health codes and regulations.
I.
Minimum setbacks from all property lines are 200 feet.
A.
Uses appropriate as cottage industries include but are not limited to:
B.
Standards for cottage industries:
(1)
Minimum lot size is five acres.
(2)
The cottage industry shall not occupy more than 3,000 square feet in a single accessory structure, or in a combination of accessory structures. A special use exception shall be required to exceed 3,000 square feet.
(3)
No more than one cottage industry per residence or lot is permitted.
(4)
The property used for the cottage industry shall contain the primary residence of the proprietor.
(5)
If the proprietor is not the property owner, evidence of permission of the property owner to use the property for the cottage industry must be provided.
(6)
All outdoor storage associated with the cottage industry, equipment, and work areas shall be screened from adjacent properties and public ways. Equipment does not include properly licensed and tagged vehicles.
(7)
No more than five nonresident employees shall report to a cottage industry site at any given time.
(8)
Employees shall not report prior to 7:00 a.m. or leave after 9:00 p.m. A special use exception approval shall be required for extended employee hours.
(9)
On-premises retail sales of any item related to a cottage industry shall require special use exception approval.
C.
Posting of property. The Zoning Administrator shall place a sign on the property involved for at least 10 days following submittal of the required site plan. Such sign shall be placed within 25 feet of the boundary line of said land which abuts the most traveled County or state road and, if no County or state road abuts thereon, then facing in such a manner as may be most readily seen by the public. The sign shall be removed by the Zoning Administrator after the site plan is approved.
[Added 8-12-2014 by Ord. No. 2014-1]
[Amended 8-19-2025 by Bill No. 2025-008]
When permitted in the R, Rural Zoning District, the following additional regulations for agricultural and fishery products processing plants shall apply:
A.
Any flour, feed and grain packaging, blending, storage or milling shall be located at least 200 feet from all lot lines.
B.
Any commercial slaughtering and processing of farm animals, fish or seafood shall be located at least 500 feet from all lot lines.
C.
Any rendering of animal by-products shall be located at least 1,000 feet from all lot lines.
When permitted in the VC, Village Center, VN, Village Neighborhood, R, Rural or R-1, Single-Family Residential Zoning Districts, the following additional regulations for fishery activity facilities shall apply:
A.
Owner/operator must maintain an active commercial fishing license with the State of Maryland Department of Natural Resources.
B.
Wholesale and/or retail sales are permitted, provided that the majority of products sold are harvested by the owner/operator.
C.
Retails sales space is limited to 750 square feet.
A.
Temporary structures incidental to construction operations shall:
(1)
Be located on the same premises as the construction.
(2)
Be removed within 30 days following the completion or abandonment of construction, when the zoning certificate and/or building permit expires or is revoked or in 24 months from the date of placement or erection of the temporary structures, whichever comes first. The two-year time limitation may be extended by the granting of a special use exception by the Board of Appeals.
The following regulations shall apply to sewage sludge storage and mixing facilities:
A.
Such facilities shall be only for the seasonal storage and mixing of sewage sludge prior to land application, i.e., the facilities may be used for sewage sludge storage and mixing only during the period when sewage sludge is actually being applied to the land.
B.
No distribution or transfer of the sewage sludge from the storage facility to other farms or properties shall be permitted.
D.
The Maryland Department of Health and Mental Hygiene must issue a sewage sludge utilization permit for the site.
E.
This section does not apply to the storage, treatment and disposal of sewage sludge as an on-site accessory use to a wastewater treatment facility.
A.
Minor subdivisions. For each original lot, tract or parcel of land in the R, Rural District, a minor subdivision consisting of not more than four lots may be created in conformance with this chapter and the Caroline County Subdivision Regulations.[1]
(1)
The overall gross density of the subdivision shall not exceed one lot per acre.
(2)
All lots, plats, sites or other divisions of land recorded after November 30, 1972, from a lot, tract or parcel of land described in the land records of Caroline County as of said date shall be counted in determining the number of lots in the minor subdivision and the overall density.
(3)
Each minor subdivision plat shall contain a statement assigning any remaining minor subdivision rights to one or more of the minor subdivision lots or to the residue parcel of the original lot, tract or parcel.
(4)
Land transferred to a lot, tract or parcel as an addition or lot revision may not be used to increase the number of minor subdivision lots permitted on the original lot, tract or parcel.
B.
Density rights. A rural major subdivision in the R, Rural District consisting of five or more lots but not more than 50 lots may be created only in a designated receiving area in conformance with this chapter and the Caroline County Subdivision Regulations. The rural major subdivision may contain minor subdivision lots, lots allowed by the overall gross density standard, or lots from an approved transfer of development rights, or any combination thereof up to a maximum of 50 lots.
(1)
Lots or density rights allowed by the overall gross density standard shall not exceed one lot or development right per 15 acres.
(2)
Lots or density rights allowed by overall gross density shall be determined by the number of full fifteen-acre increments in the parcel. Partial or fractional increments of less than 15 acres shall not be used to determine overall gross density.
(3)
Lots or density rights allowed by overall gross density shall be determined using the area of the parcel less the area contained in any minor subdivision lots.
(4)
All lots, plats, sites or other divisions of land using density recorded on or after January 1, 1990, and any transferred development rights from a lot, tract or parcel of land described in the land records of Caroline County as of said date, shall be counted in determining the overall gross density.
(5)
Overall gross density shall be determined for each individual lot, tract or parcel of land described in the land records of Caroline County on or after January 1, 1990, and not for combinations or groupings of lots, tracts or parcels combined after January 1, 1990.
(6)
If a rural major subdivision is proposed for a parcel of land which has minor subdivision potential, then all such potential minor subdivision lots shall be included in the rural major subdivision. Potential minor subdivision lots shall not be retained for the parcel after the approval of the rural major subdivision.
C.
Residue. The residual or remaining portion of a lot, tract or parcel of land being subdivided shall be counted as one of the lots, plats, sites or other divisions of land created if it is less than 20 acres in area. At least one development right, either minor or density right, shall remain with the residual portion of the parcel unless the residual parcel is added to an adjoining parcel.
D.
Groundwater protection. In addition to any state or federal regulations, the number and density of lots in any subdivision shall be restricted by groundwater quality impacts in conformance with the Caroline County Groundwater Protection Report (as contained in the Caroline County Comprehensive Water and Sewerage Plan) regarding the gross density or hydrogeologic study criteria for the area in which the subdivision is located. The design and layout of the subdivision shall consider the impact upon the quality of the local water resources.
The following regulations shall apply to marinas:
A.
New and existing marinas shall meet the sanitary requirements of the State Department of the Environment.
B.
New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.
C.
New marinas and expanding marinas shall provide pump-outs for boat holding tanks. Adequate signs shall be posted to make boaters aware of the service availability.
D.
New marinas and expanding marinas shall provide facilities for recycling or proper disposal of oil, antifreeze, paint thinner and other toxic or hazardous substances associated with the type of facility being developed.
E.
Activities will not significantly alter existing water circulation patterns or salinity regimes.
F.
The water body upon which these activities are proposed has adequate flushing characteristics in the area.
G.
Disturbances to wetlands, submerged aquatic plant beds or other areas of important aquatic habitats will be minimized.
H.
Shellfish beds will not be disturbed or be made subject to discharge that will render them unsuitable for harvesting.
I.
Dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area, generally.
J.
Dredged spoil will not be placed within the critical area buffer or elsewhere in that portion of the critical area which has been designated as a habitat protection area, except as necessary for:
K.
Interference with the natural transport of sand will be minimized.
L.
New and expanding marinas shall comply with all state, federal and local requirements and shall be in compliance with the "Critical Area Program for Caroline County."
[Amended 2-13-2024 by Bill No. 2024-002
The following regulations shall apply to streams and stream buffers:
A.
For perennial streams and intermittent streams there shall be fifty-foot buffers required measured landward from the edge of each side of the stream.
B.
The buffer shall be expanded to include steep slopes 15% or greater.
C.
No new development shall occur within a stream buffer except as provided below.
D.
The following uses or activities shall be permitted within the stream or stream buffer:
(1)
Agricultural practices, consistent with an approved soil, conservation and water quality plan or nutrient management plan or as approved by the Natural Resource Conservation Service.
(2)
Maintenance, construction and repairs of drainage ditches consistent with approved plans and permits.
(3)
Transportation facilities (e.g., road crossings), and/or utility transmission lines, when no practical or feasible alternative exists for locating structures outside the stream buffer and the disturbances proposed are the minimum necessary for such facilities.
(4)
Forestry or timber harvesting, subject to an approved forest management or timber harvest plan.
(5)
Appropriate maintenance of vegetation.
E.
Limited cutting or clearing of individual trees within the stream buffer shall be permitted as recommended by the Maryland Forest Service for the following purposes and shall be replaced and maintained on a one-to-one ratio:
(1)
Personal use, provided that the buffer functions are not impaired.
(2)
To maintain the health of individual trees.
(3)
To protect trees from pests or disease infestation as approved by the Maryland Forest Service.
(4)
To prevent trees from falling into and blocking streams, causing damage to structures or causing accelerated erosion.
(5)
To install or construct an approved shore erosion protection device.
F.
The following uses are not permitted in the stream buffer unless a variance is approved by the Board of Zoning Appeals:
The following regulations shall apply to communications towers:
A.
Siting. A communications tower facility shall be sited within or adjacent to mature dense tree growth and under-story vegetation that provides an effective year-round visual buffer and should only be considered elsewhere on the property when technical or aesthetic reasons indicate there are no other preferable locations. Communications towers shall be prohibited in the Chesapeake Bay Critical Area and other sensitive areas, including but not limited to stream buffers, one-hundred-year-year floodplain and nontidal wetlands.
B.
Design. A communications tower shall be a monopole structure, unless another design is specifically approved by the Board of Zoning Appeals.
C.
Setbacks. The ground base of any communications tower structure, including fencing and equipment shelters, shall be set back from any property line, road or public recreation area a distance at least equal to the height of the communications tower including antennas or other appurtenances. Any ice-fall or debris from tower failure shall be contained in the immediate tower area.
D.
Landscaping. A professional landscaping plan shall be required that identifies:
(1)
All existing vegetation, including species, size and location.
(2)
All existing and proposed plant materials and specifications, including species, size and location, to be utilized for buffering and screening of the communications tower structure, equipment shelters and communications tower enclosure.
E.
Fencing. A secure chain-link or stockade fence at least eight feet in height shall enclose the entire communications tower facility.
F.
Maintenance.
(1)
The communications tower structure and fencing shall be a galvanized steel finish or maintained in a neutral color with a flat finish to reduce visual impacts, unless such requirement conflicts with Federal Aviation Administration standards.
(2)
All equipment shelters shall be maintained in neutral colors consistent with the natural landscape and designed to reduce visual impact.
(3)
All required plantings shall be kept in a live, healthy condition, and any plants not in a live, healthy condition shall be replaced. A long-term maintenance agreement shall be recorded in the land records for preservation and protection of existing and proposed vegetation specified in the landscaping plan.
G.
Lighting. Lighting of communications towers shall be prohibited unless required by the Federal Aviation Administration. Lighting of equipment shelters, if permitted, shall be shielded from adjoining properties and designed to cause the least amount of disturbance to adjacent properties and surrounding views.
H.
Signs. Signs shall be limited to identify the property owner, emergency contact and phone number, and to warn of danger. Signs shall be affixed in accordance with Federal Communications Commission (FCC) regulations and only as necessary for the operation of the facility.
I.
Site plan. The application for a special use exception shall be accompanied by a site plan in compliance with Article XIV of this chapter.
J.
Professional engineer's report. The application for a special use exception shall be accompanied by a professional engineer's report. The purpose of the engineer's report is to collect key information regarding the communications tower applicant in order to justify the proposed application. The Caroline County Zoning Administrator and the Board of Zoning Appeals or their designee shall review all information, findings and recommendations written and described in the report. The designee will act as a third-party reviewer who will provide the Zoning Administrator and the Board of Zoning Appeals with an independent evaluation of the applicant's engineer's report. The applicant shall be responsible for all costs associated with the independent review of the engineer's report. As much information as possible shall be provided at the time of the special use exception application; all other information shall be required before a zoning certificate and/or building permit is issued. The required engineer's report shall include the following information:
(1)
Background information.
(a)
Name, address and telephone number of the company/applicant and the point of contact.
(b)
Federal Communications Commission (FCC) license number and a copy of the FCC license.
(c)
Date of Federal Communications Commission license issuance.
(d)
Type of license (cellular, personal communications services, etc.).
(e)
Service area (metropolitan, rural, major and/or basic).
(f)
A master plan of the applicant's existing and proposed communications network for the entire county, including maps.
(2)
Location information.
(a)
Eight-digit UTM grid coordinate of proposed communications tower location.
(b)
Latitude and longitude coordinates, in NAD27 and NAD83, of the proposed location.
(c)
Ground elevation, in feet above mean sea level (AMSL), at the proposed location.
(d)
Description of desired coverage area, or coverage goals, from the proposed location. Coverage maps showing the desired coverage as well as the current coverage available with existing towers, approved towers and other antennas and relevant structures shall be included.
(e)
Siting elevations, existing photographs of the site and photo simulation of the proposed communications tower at the site from all directions.
(f)
Description of existing towers within a five-mile radius of the proposed communications tower location to include the following information:
[1]
Eight-digit UTM grid coordinate of existing tower locations.
[2]
Latitude and longitude coordinates, in NAD27 and NAD83, of the existing locations.
[3]
Ground elevation, in feet above mean sea level (AMSL), at the existing tower locations.
[4]
Overall height of each existing tower, in feet above ground level (AGL).
[5]
Height of available antenna locations on each existing tower, in feet above ground level.
[6]
Name, address and telephone number of tower owner.
[7]
Number of existing colocations on each tower.
[8]
Structural capability of each tower to accommodate additional antennas, if available.
[9]
Major use of each tower (i.e., cellular, PCS, etc.).
[10]
Existing tower design (i.e., monopole, lattice, etc.).
[11]
Detailed narrative of need for the proposed communications tower and why existing and approved towers and antennas cannot accommodate the proposed service coverage.
(3)
Tower information.
(a)
Proposed height of communications tower.
(b)
Proposed height of antennas, in feet above ground level.
(c)
Communications tower design (monopole, lattice, guyed, etc.).
(d)
Number and types (i.e., cellular, PCS, etc.) of allowable colocates on proposed communications tower.
(e)
Frequency of proposed transmission.
(f)
Power of proposed facility in effective radiated power (ERP) and transmitting range.
(g)
Type of antennas proposed for facility.
(h)
Azimuth of antennas for proposed facility.
(i)
Down-tilt of proposed antennas.
(j)
Any calculations utilized to achieve design requirements (i.e., Okumura Study results etc.).
(k)
Copies of any propagation analysis or drive test studies used for analysis.
(l)
Type of coverage (i.e., single or system), including a coverage and interference analysis.
(m)
Fate of communications tower if no longer being utilized, and the name, address, and telephone number of the entity responsible for its removal.
(n)
List alternative locations of towers or lands analyzed for this application and provide a detailed narrative as to why those sites cannot be utilized.
(4)
A narrative description of how the communications tower facility will not unreasonably interfere with the view of or from sites of significant public interest such as public parks, state-designated scenic highways, a site listed in Caroline County's historic sites inventory or the tributaries of the Chesapeake Bay.
(5)
Copies of all reports required by or provided to the Federal Communications Commission, including but not limited to the environmental assessment, and National Environmental Policy Act review.
(6)
Report from the Caroline County Department of Emergency Management with a finding of no impact of the proposed communications tower on emergency communications services.
K.
Annual reports. Ninety days after the beginning of operations at the communications tower facility, and annually thereafter on or before January 30 of each year, the applicant shall submit a report to the Zoning Administrator listing the name, address, and telephone number of the current owner/operator and the carriers using the facility, the number of available colocation sites at the facility, and a statement of compliance with all conditions and terms of the special use exception and permits.
L.
Continuous use; removal. The communications tower shall be used continuously. If the communications tower ceases to be used for a period of three years or if the approval period expires, the approval will terminate and within six months the communications tower, all other accessory structures, and foundations to three feet below grade shall be removed. If not removed, the Caroline County Commissioners may take any and all appropriate measures to have the communications tower removed, with all costs of the county to be reimbursed.
M.
Proof of ownership. A copy of the communications tower site proof of ownership or lease agreement shall be provided to the Zoning Administrator before a certificate of occupancy is issued.
N.
Standards compliance. The facility shall comply with all Federal Communications Commission (FCC) and American National Standards Institute (ANSI) standards.
An adult-oriented business:
A.
May be located only in the I-2 (Light Industrial) Zoning District.
B.
In addition to any buffer, buffer yard, setback, or other design criteria generally applicable to a use in the I-2 Zoning District, must meet the following setback criteria:
(1)
The closest portion of a building or structure in which an adult-oriented business is located (the "AOB structure") shall not be within 1,200 feet from the closest boundary of a parcel containing a school, place of worship, park or recreation facility, day-care center, family or day-care center group.
(2)
The closest portion of an AOB structure shall not be within 600 feet of the boundary of any parcel in a residential zoning district (e.g., an R-1, R-2, R-3, or MH Zoning District); provided, however, that when the distance from an AOB structure is being measured with respect to a parcel containing a residential structure within a Rural (R) Zoning District, the closest portion of the AOB structure shall not be less than 300 feet from the boundary of such parcel or, failing such separation, shall not be less than 600 feet from the closest portion of any building or structure used principally as a residential dwelling.
[Amended 8-12-2014 by Ord. No. 2014-1]
(3)
The closest portion of an AOB structure shall not be less than 1,200 feet from the closest portion of any other building or structure containing an adult-oriented business.
(4)
The closest portion of an AOB structure shall be at least 1,200 feet from the closest portion of any building or structure where alcoholic beverages are sold for on-premises consumption.
C.
May not have displayed on or about the exterior of any building in, or premises on, which an adult-oriented business is located, any sign, advertisement or depiction visible to the general public, wheresoever located, containing any adult-oriented entertainment or material.
D.
Application.
(1)
(2)
Compliance with the requirements of Subsection B of this § 175-42 shall be determined as of the date of submittal of an application pursuant to Subsection D(1), and any changes to the use of adjoining or neighboring property or to the size, type, number or location of structures or buildings on adjoining or neighboring property applied for, or, if no application is necessary, made after the date of submittal of an application pursuant to Subsection D(1) shall be of no effect and shall not be given any consideration in determining compliance with the requirements of Subsection B.
Massage establishments, as defined in this chapter, are not permitted in any zoning district within Caroline County, Maryland, and no person shall operate, or be employed in or by, any massage establishment within Caroline County, Maryland, or act as or perform the service of a massage technician within Caroline County, Maryland.
A.
Purpose. The transferable development rights (TDR) program in this chapter is provided as a means to further the objectives of the Comprehensive Plan. The TDR program allows the transfer of development rights from areas designated as sending areas to areas designated as receiving areas or municipal growth areas. The TDR program protects and preserves agricultural land and gives the owners of such property an equitable alternative to development, and provides an essential County-wide growth management tool.
B.
Removing development rights from the land. Each landowner of a parcel in a sending area (transferor) has the right to remove one or more development rights from the parcel, and to hold, sell, trade or barter these rights to another person or legal entity (transferee).
C.
Using development rights. The transferee may retire, resell, or apply the rights to land in a receiving area in order to obtain approval for development at a density greater than would otherwise be allowed on the land, up to the maximum density or intensity allowed.
(1)
No development right may be used to increase density within the Chesapeake Bay Critical Area if such right is derived from a portion of a sending parcel that is outside the Critical Area, nor may a development right be transferred from land within an Intensely Developed District (IDD) or Limited Development District (LDD) to a Resource Conservation District (RCD), or from an IDD to an LDD, nor may any development right be transferred to land in the RCD from any RCD lot of record that is less than 20 acres in size.
(2)
Lands under a recorded restrictive covenant or conservation easement, including, but not limited to, Maryland Agricultural Land Preservation Program, Maryland Rural Legacy Program, Nature Conservancy, Maryland Environmental Trust, and Eastern Shore Land Conservancy are not eligible to transfer development rights and shall not be included in the acreage calculations for transferable development rights.
(3)
No development right may be derived from land in a sending area that is part of a subdivision that has no available minor subdivision or density rights remaining on the residue or remainder of the original tract. Remaining development rights shall be assigned based on the unused minor subdivision rights or density rights available in the subdivision.
(4)
A development right shall be created, transferred and extinguished only by means of documents approved by the Planning Commission and recorded among the land records of Caroline County.
D.
TDR sending and receiving areas.
(1)
Designation of sending areas. The R, Rural District shall be the TDR sending area and the receiving areas shall be specifically mapped, designated by the Planning Commission, and approved by the County Commissioners.
(2)
Designation of receiving areas. The areas designated to receive the transferred development rights shall be known as "receiving areas." Receiving areas shall be located in the R, Rural District or in a municipality with an approved intergovernmental agreement between the County and municipality for use of transferred development rights (an "IGA area").
(a)
Receiving areas shall be designated where the Planning Commission has determined that the predominate land use in the neighborhood is rural-residential, or an IGA area rather than agricultural, and where rural-major subdivisions are an acceptable land use and existing or planned public facilities and infrastructure are adequate.
[1]
Each year in October, the Planning Commission shall review the TDR receiving area map to consider receiving area boundary line adjustments to be approved by the County Commissioners.
[2]
Prior to adding to or removing properties from a receiving area, an advertised public hearing shall be held by the Planning Commission as prescribed by § 175-167 of this chapter.
[3]
The public hearing notice shall contain a brief description sufficient to identify the properties involved, and the date, time and place of the public hearing.
[4]
The County Planner shall mail copies of the public hearing notice by United States mail, first class postage prepaid, to all owners of property located within the proposed adjusted receiving area and to all immediately adjoining property owners. The notices shall be directed to the property owners as shown on the current real property tax records for Caroline County as of the date which is three days prior to the date of mailing.
(b)
The County Planner shall maintain a map to show the designated TDR receiving areas as designated by the Planning Commission and approved by the County Commissioners.
E.
Determination of legitimate development rights of sending parcel. It shall be the applicant's responsibility to prove to the satisfaction of the Planning Commission that the sending parcel has a legal potential for development with the number of lots proposed to be transferred.
(1)
The Planning Commission may require reasonable proof of development potential of the sending parcel, including, but not limited to, percolation tests, hydrogeologic studies, topographic surveys, site and soils evaluations, and other studies or tests.
(2)
The following documents and information to determine the legitimate potential for development and the number of development rights available are required:
(a)
Completed County initial subdivision review form acceptable to the County Planner prior to submission of TDR application.
(b)
Completed TDR application form.
(c)
Tax map, plat or site plan outlining the boundaries of the property for each lot, tract or parcel as described in the deed.
(d)
Zoning map of the property.
(e)
Recent aerial photograph at a scale of one inch equals 600 feet or greater.
(f)
Soils map or soils overlay map.
(g)
For properties of less than 50 acres, approval from the Caroline County Environmental Health Department for an individual well and on-site septic system for each development right that is intended for transfer, subject to the following:
[2]
The words "property or properties" in this Subsection E(2)(g) are defined as a parcel or lot with a single tax account number as assigned by the Maryland Department of Assessments and Taxation.
[3]
Acreage of property shall be in accordance with Caroline County tax records or recorded deed or plat. Proof of additional acreage will be required by submission of a survey plat recorded in the land records of Caroline County.
[4]
Lands under a recorded restrictive covenant or conservation easement, including, but not limited to, Maryland Agricultural Land Preservation Program, Maryland Rural Legacy Program, Nature Conservancy, Maryland Environmental Trust, and Eastern Shore Land Conservancy are not eligible to transfer development rights and shall not be included in the acreage calculations for transferable development rights.
(3)
Fractional parts of a development right shall be disregarded. No transfer shall include other than a whole number of development rights.
(4)
Land located in a receiving area may be developed through the acquisition of TDRs, up to the maximum density indicated. One TDR shall equal one subdivision lot right for placement of one single-family dwelling unit. All other types of accessory dwelling units do not require a TDR.
(5)
All development rights shall be transferable except for one right for each existing principle dwelling unit, provided that in no event shall less than one right be retained with the parcel.
F.
Effect of transfer. After development density rights have been transferred by an instrument of original transfer:
(1)
The sending parcel shall not be further subdivided or developed to a greater density or intensity of use than permitted by the remaining development right(s). Once one or more development rights have been transferred from a lot, tract or parcel of record, that lot, tract or parcel of record shall not later become a receiving parcel unless placed in a receiving area.
(2)
The portion of the sending parcel from which development rights have been transferred shall not be used in connection with any determination of site area or site capacity, except as may be necessary to determine the number of development rights involved in the transfer.
(3)
All development rights that are the subject of an instrument of original transfer, described in § 175-44I, shall be deemed removed from the sending parcel when such rights have been severed from the property by recording of the instrument of original transfer in conjunction with a transfer document.
G.
A transferee has only the right to use the development right to the extent authorized by all applicable laws, ordinances, and regulations in effect at the time when use of the development right for a specific receiving parcel is finally approved. No transfer shall be construed to limit or affect the power of the County Commissioners to amend, supplement or repeal any law, ordinance, or regulation, including provisions of this chapter or of the Code or construed to create any vested right in the transferor or transferee of a transferred development right.
H.
Certification by Planning Commission.
(1)
The Planning Commission shall certify that the development rights proposed for transfer are available for transfer from the sending parcel. No transfer shall be recognized under this chapter unless the instrument of original transfer contains the Planning Commission's certification.
(2)
Application for certificate. An application for a certificate shall contain sufficient information as required by the Planning Commission identifying the area from which development rights are being removed. Application fees and any additional information the Planning Commission deems necessary to determine the number of development rights involved in the proposed transfer shall also be required.
(3)
Responsibility. The transferor and the transferee named in an instrument of original transfer shall have sole responsibility for supplying all information required by this chapter, providing a proper instrument of original transfer, and paying, in addition to any other fees required by this chapter, all transfer taxes and recordation costs.
(4)
Issuance of certificate. On the basis of the information submitted, the Planning Commission shall affix a certificate of its findings to the instrument of original transfer. The certificate shall contain a specific statement of the number, if any, of development rights that are derived from a Chesapeake Bay Critical Area within the sending parcel. The certificate will assign a serial number for each development right.
I.
Instrument of transfer.
(1)
An instrument of transfer shall conform to the requirements of this section. Any instrument of transfer shall contain:
(a)
The names of the transferor and the transferee;
(b)
A certificate of title for the rights to be transferred certified to by an attorney licensed to practice law in Maryland and in a form approved by the County;
(c)
The serial number of each development right to be transferred;
(d)
A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, personal representatives, successors and assigns a specified number of development rights from the sending parcel;
(e)
If any rights involved in the transfer are derived from the Chesapeake Bay Critical Area, a specific statement of the number of such rights included within the transfer;
(f)
A covenant which acknowledges that the transferor has no further use or right of use with respect to the development rights being transferred as to the sending parcel;
(h)
A covenant that at the time when any development rights involved in the transfer are finally approved for use on a specific receiving parcel, such rights shall be transferred to the County Commissioners for extinguishment for no consideration.
(2)
An instrument of original transfer, which is required when a development right is initially removed from a sending parcel, shall also contain:
(a)
A covenant that the sending parcel may not be subdivided to a greater extent than permitted by the remaining development rights and that such subdivision shall be in accordance with the regulations in place at the time of the request for subdivision.
(b)
A covenant that the sending parcel is restricted to and may be used only for such residential development as permitted by the remaining development rights.
(c)
A covenant that all provisions of the instrument of transfer shall run with and bind the sending parcel and may be enforced by the County Commissioners, the Planning Commission and their respective designees.
(3)
If the instrument is not an instrument of original transfer, it shall include:
(a)
A statement that the transfer is an intermediate or final transfer of rights derived from a sending parcel described in an instrument of original transfer (which original instrument shall be identified by its date, and names of the original transferor and transferee and the book and page where it is recorded among the land records of Caroline County) and serial number of each development right transferred.
(b)
Copies and a list of all previous intermediate instruments of transfer identified by their date, and the book(s) and page(s) where the documents are recorded among the land records of Caroline County.
J.
Recordation of original or intermediate transfer. After it has been properly executed, any instrument of transfer shall be delivered to the County Planner, who shall deliver it to the Clerk of the Circuit Court, together with the required fees for recording.
K.
Approval of the development using transferable development rights.
(1)
Initial request for use of TDR in a development project. The request to use TDRs on a property in the receiving area shall be in the form of a concept or sketch subdivision plat, a site plan, or other application for development submitted in accordance with the requirements of this chapter and the Caroline County Subdivision Regulations.[1] In addition to any other required information, the application shall be accompanied by:
(a)
An affidavit of intent to transfer development rights to the property, and
(b)
Such application fee as may be prescribed by the County Commissioners; and
(c)
Either of the following:
[1]
Original or certified copies of a recorded instrument of original transfer involving the development rights proposed to be used and any intermediate instruments of transfer through which the applicant became a transferee of those rights; or
[2]
A signed, written agreement between the applicant and a proposed original transferor, which contains other information required by § 175-44E and in which the proposed transferor agrees to execute an instrument of original transfer from the proposed sending parcel to the applicant at the time when the use of such rights on the proposed receiving parcel is finally approved.
(2)
Preliminary approvals. The County may grant preliminary subdivision or site plan approval for the proposed development conditioned upon proof of ownership of TDRs prerequisite to final subdivision or site plan approval.
(3)
Final subdivision or site plan approval of a development using TDRs.
(a)
Proof of ownership of TDRs and proof of deed restriction. No final plat shall be approved and no permits shall be issued for development involving the use of TDRs until and unless the applicant has demonstrated to the County that:
[1]
The applicant is the bona fide owner of all TDRs that will be used or redeemed for the construction of additional dwellings or the creation of additional lots;
[2]
The transfer of each TDR has been recorded in the chain of title of the parcel of land from which the development right has been transferred and that such instrument restricts the use of that parcel in accordance with this chapter;
[3]
TDRs proposed for the development have not been previously used.
(4)
Required instruments. The following instruments, which may be required to effect transfer of those rights to the receiving parcel, shall be approved as to form and legal sufficiency by the County Attorney. Said instruments shall be recorded among the land records of Caroline County when the subdivision record plat is recorded or subsequent to final site plan approval but before construction permits are issued:
(5)
When completed. Transfer to a receiving parcel is final when the approved final subdivision plat or approved final site plan for the receiving parcel has been recorded in accordance with this chapter and when the development right has been transferred by a final instrument of transfer to the County Commissioners at no cost to the County.
L.
Maintaining list of potential buyers and sellers of TDRs. The County Planner shall maintain a record of names and addresses of those persons interested in buying and selling TDRs (the "TDR Registry") in accordance with the following:
(1)
Transfers of subdivision development rights are private transactions between a willing buyer and a willing seller.
(2)
Names and addresses of persons interested in selling or buying developments rights shall be added or deleted from the TDR Registry only by request of the individual whose information is to be added or deleted.
(3)
The TDR Registry will be maintained and made available to the public for review by the County Planner.
(4)
The County shall not recommend to any person any other specific person for the purchase or sale of development rights, or otherwise show any favor with respect any person listed in the TDR Registry in responding to inquiries regarding available TDRs.
B.
Residency requirement. A residential-based trucking or service business shall be permitted on a residential lot located in the R, Rural Zoning District only if and only for so long as the majority owner of the business, or a member of the majority owner's immediate family who is employed in the business on a regular, full-time basis, resides on the residential lot. Notwithstanding the foregoing, a residential-based trucking or service business previously and continuously conducted on a specific property from December 8, 2008, may be owned and operated by a nonresident of the property, so long as the nonresident is the majority owner of the business and is a family member of the owner of the specific property on which such business is being conducted, and only for so long as the property-owning family member continues to own the property. The business shall otherwise be subject to and comply with all of the provisions of this § 175-45. Such business shall apply for a special use exception not later than six months from the effective date of this legislation.
C.
An office or shop may be permitted on the residential lot as a permitted accessory building, subject to such size/area restrictions as may be determined by the Board of Zoning Appeals given the nature of the business, the size of the lot, the nature of use of the surrounding properties, and such other factors as the Board of Zoning Appeals, in its reasonable discretion, shall determine appropriate or necessary with respect any particular application.
D.
Normal maintenance activities associated with the business shall be permitted on-site, provided that such activities are performed or carried out in an enclosed building or at a location on the site not visible from the road or from adjoining properties, and that all such maintenance is performed in conformance with applicable federal, state, and local law.
E.
Requirements: existing businesses. The following requirements, terms, and conditions shall apply to all existing residential trucking or service business in the R, Rural Zoning District to be covered by this § 175-45E:
(1)
The business must have existed and operated as an ongoing business as of December 2, 2008.
(2)
The business must file an application for a special use exception not later than the date which is five months from the effective date of the ordinance providing for such businesses in the R, Rural Zoning District.
(3)
The business must submit together with the application described in § 175-45E(2) a professionally prepared site plan showing the location of the business use on the property including the following information, and noting with respect to the same whether the item described or represented is currently existing or proposed:
(a)
The boundaries of the lot or parcel.
(b)
All structures located or to be located on the property, including, but not limited to:
[1]
The residence.
[2]
All sheds, outbuildings, parking areas (including surface types), screening, trees, and shrubbery.
[3]
All maintenance facilities, including shops and work and repair areas.
[4]
All recreational structure or facilities, including, but not limited to, youth recreation equipment and swimming pools (whether inground or above-ground.
(4)
The business must submit a dust control plan.
(5)
The business must consent to an annual visual inspection by the Department of Planning and Codes.
(6)
The business must provide for, and present on the professionally prepared site plan, appropriate buffering or screening, natural or man-made, to shield neighboring properties. Natural screening or buffering shall consist of evergreen items. The Board may modify such requirements in determining whether to grant a special use exception.
(7)
The business must specify on the application the then current number of vehicles owned or leased by the business, which number shall constitute the total number of trucks permitted on site. No increase in that number of vehicles shall be permitted except by application for, and the grant of, a supplemental special use exception.
(8)
The business must provide in the site plan that exterior lighting is directed to the interior of the property only. Exterior lighting shall be allowed only to the extent required or permitted in the special use exception granted by the Board of Zoning Appeals.
(9)
The business must obtain approval from the Caroline County Department of Public Works for any entrance from the lot or parcel onto a County road, which entrance approval shall include, but not be limited to, type of material, length, width, and related factors to insure that the business entrance will not damage or otherwise negatively impact the County road or the safety of the public traveling thereon.
F.
Requirements: new business. Any residential trucking or service business in, or desiring to be in, the R, Rural Zoning District but not qualifying as an existing business pursuant to § 175-45E(1) above, may apply for a special use exception subject to the following terms, conditions, and criteria:
(1)
Such business shall meet all of the terms, conditions, and criteria set forth in § 175-45E(2) through (9).
(2)
No more than five trucks and five trailers shall be permitted on the residential lot.
(3)
All parking areas are to be buffered and/or enclosed within a fenced area so as not to be visible from roads and adjoining properties.
(4)
Not more than one acre shall be permitted for business use on the site.
(5)
All property areas used in the business shall be contiguous and not fragmented.
(6)
Minimum zoning setback from property lines shall be 150 feet unless otherwise determined by the Board of Zoning Appeals based upon the following factors:
(a)
Size and shape of the parcel or site.
(b)
Nature of the uses on the neighboring properties.
(c)
Nature of the contemplated business, and factors related thereto, including, but not limited to, types of vehicles to be operated from the site, hours of operation, anticipated noise levels, number of employees reporting to the site, and any other factor determined by the Board of Zoning Appeals to be relevant in determining an appropriate setback.
(7)
Light maintenance and repairs shall be conducted within an enclosed area or building so as not to be visible from roads or neighboring properties.
(8)
Goods on premises shall be permitted only on a temporary basis and must be stored within an enclosed area or building so as not to be visible from roads or neighboring properties.
(9)
No such business shall be granted a special use exception in the R, Rural Zoning District if the lot or site upon which the business intends to operate is located in, adjacent to, or with 400 feet of a TDR receiving area, an R-1 Zoning District, a municipal boundary, or an approved major subdivision.
G.
Nontransferability. Anything in the Code of Public Local Laws of Caroline County to the contrary notwithstanding, a special use exception granted in accordance with this § 175-45 is and shall not be transferable. A new owner must apply for and be granted a special use exception. If granted, all existing conditions will convey and transfer to the applicant.
H.
Site plans required hereunder may be prepared by a licensed or certified architect, engineer, land surveyor, or a landscape architect.
I.
Agricultural exclusion. These provisions shall not apply to trucks and vehicles used primarily in or for agricultural operations and activities conducted on or from agricultural use properties. This exclusion includes, but is not limited to:
(1)
The use of such vehicles for moving or hauling of agricultural products or animals grown or raised on the site;
(2)
The additional use of such vehicles for assisting other off-site agricultural operations in the moving or hauling of agricultural products or animals; and
(3)
The occasional, limited use of such trucks and vehicles for limited hauling services for the property owner or others of nonagricultural products.
J.
Residential-based trucking and service business operating in the R-1 Zoning District may continue to operate in such district provided that:
(1)
The business has been previously and continuously conducted on a specific property from December 8, 2006; and
(2)
The business shall otherwise be subject to and comply with all of the provisions of this § 175-45.
(3)
Such business shall apply for a special use exception not later than six months from the effective date of this subsection.
[Added 8-12-2014 by Ord. No. 2014-1; amended 12-12-2017 by Ord. No. 2017-2; 3-12-2024 by Bill No. 2024-003; 10-28-2025 by Bill No. 2025-012]
A.
Applicability. Non-accessory solar energy systems with a nameplate capacity of less than one megawatt that comply with the provisions of this section may be permitted as provided in § 175-13, Use regulations, subject to the following restrictions:
(1)
Such systems shall not be permitted on parcels located within designated transferable development rights (TDR) receiving areas.
(2)
On parcels where transferable development rights have been lifted, non-accessory solar energy systems shall not be permitted on the acreage used for TDR transfers.
(3)
Such systems shall not be permitted on parcels subject to land preservation easements, except that rights-of-way for infrastructure buried at least three feet below grade may be permitted.
(4)
Where a non-accessory solar energy system is proposed on a parcel identified as a "greenbelt" or "growth area" in the comprehensive plan of an incorporated municipality, the impacted jurisdiction shall be notified prior to approval.
B.
Design standards; siting. Considerations shall be made to siting, such as avoiding areas/locations with a high potential for biological conflict such as wilderness study areas, areas of environmental concern, County and state parks, historic trails, special management areas or important wildlife habitat or corridors; avoiding significant impacts to visual corridors that are prominent scenic viewsheds, or scenic areas designated by the County; avoiding significant impacts to areas of erodible slopes and soils, where concerns for water quality, severe erosion, and/or high storm runoff potential have been identified; and avoiding known sensitive historical, cultural or archeological resources.
(1)
Screening. Visual screening shall be required to ensure the solar energy system does not cause negative significant impacts to the aesthetic and scenic quality of the project area/location. Proposed screening buffers shall be reviewed by a licensed landscape architect selected by the County and at the applicant's expense. Buffers shall consist of mixed vegetation, including trees, shrubs, ornamental grasses, and berms where appropriate.
(2)
Tree removal. The structures comprising the solar facility shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the parcel, and in no event shall wooded acreage comprising more than 2% of the deeded acreage of the parcel or portion of the parcel devoted to the solar facility use be removed without demonstrating that such removal is necessary for the reasonable construction and efficient performance of the use.
(3)
Setbacks.
(a)
Required setbacks. The minimum building restriction line for solar energy system structures is 200 feet from all adjoining property lines or road rights-of-way. Where a solar energy system encompasses multiple parcels, setbacks shall not be required from inner parcel boundary lines.
(b)
Setback modifications. Modifications from these requirements may be granted by property owners provided that a setback modification agreement is submitted. A setback modification agreement shall be required for each property line abutting a solar energy system structure for which a modification is requested and shall set forth the property owners' consent to a modified setback. Setback modifications on any parcel shall not be interpreted as applying to required setbacks from any other parcel. Setback modification agreements shall be in a form provided by the Department and after review shall be filed in the land records for Caroline County. Additional setbacks may be required to mitigate aesthetic, noise, safety, glare, or any other identified significant impacts, or to provide for designated road or utility corridors.
(c)
Intent. Setback modifications run for the duration of the underlying solar energy system contract and do not run with the land. This section shall not be construed to allow a property owner to modify a setback for any other property owner.
(4)
Height. Solar energy system panel structures shall not exceed the height of 15 feet as measured from the grade at the base of the structure to the apex of the structure. Necessary accessory structures (e.g., lightning rods) are subject to approval.
(5)
Utility connections. Reasonable efforts shall be made to place all utility connections from the solar installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. All electrical interconnections and distribution components must comply with all applicable codes and public utility requirements.
(6)
Visibility. Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way or adjacent residentially-zoned parcels. To the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.
(7)
Glare. No solar energy system shall produce glare that would constitute a nuisance to occupants of neighboring parcels or persons traveling neighboring roads.
(8)
Lighting. Lighting of the solar energy system and accessory structures shall be limited to the minimum necessary for safety and operational purposes, and shall be reasonably shielded from abutting properties. Lighting shall be activated by motion sensors and shall be fully shielded and downcast to prevent light from shining onto adjacent parcels or into the night sky.
(9)
Fencing. A secure chain link fence at least six feet in height shall enclose the entire solar energy system to restrict unauthorized access.
(10)
In addition to these design standards, all solar energy systems shall meet all applicable state regulations and permit requirements.
C.
Decommissioning. The solar energy system shall be completely decommissioned by the facility owner within 12 months after the end of the energy producing, abandonment or termination of such facility. Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, roads, foundations, pilings, and any other associated facilities, to the extents that any agricultural ground upon which the facility was located is again tillable and suitable for agricultural uses. Any components of the solar energy system buried greater than three feet may remain to avoid unnecessary topsoil disturbance. Disturbed earth shall be graded and re-seeded unless the landowner requests in writing that the access roads or other land surface areas not be restored. The owner of the facility shall secure the costs of decommissioning by appropriate bond, letter of credit, or escrow agreement satisfactory to the County and shall include a mechanism for calculating increased removal costs due to inflation. Both a decomissioning plan and estimate costs shall be submitted by the owner and subject to approval by the County prior to issuance of any permits required.
D.
Signs. A sign, not to exceed one square foot, shall be posted at each entrance to the solar energy system to identify the property owner, the solar energy system owner, and twenty-four-hour emergency contact phone number. Information on the sign shall be kept current. The sign shall be posted at the site in a clearly visible manner.
E.
Agreements/easements. If the land on which the project is proposed is to be leased, rather than owned, by the solar energy development company, all property within the project boundary must be included in a recorded easement(s), lease(s) or consent agreement(s) specifying the applicable uses for the duration of the project.
F.
Public safety. Identify and address any known or suspected potential hazards to adjacent properties, public roadways, communities, aviation, etc., which may be created by the project.
G.
FAA. Must demonstrate compliance with federal aviation administration (FAA) regulations pertaining to hazards to air navigation.
H.
Project rationale. Project rationale, including estimated construction schedule, project life, phasing, and likely buyers or markets for the generated energy must be provided.
I.
Site and development plans. A site plan drawn at an appropriate scale shall be provided identifying the following:
(1)
At the time of application, a concept plan drawn at an appropriate scale shall be provided identifying the following:
(a)
A copy of the interconnection application or a written explanation why an interconnection agreement is not necessary for an interconnected customer-owned generator;
(b)
Parcel lines, setbacks and physical features including access routes and proposed road improvements;
(c)
All existing and proposed structures, including impervious surface calculations;
(d)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures;
(e)
Any existing residential dwellings within one-fourth mile of the solar energy system project;
(f)
Existing utilities and transmission lines, proposed utility lines, and utility and maintenance structures;
(g)
Existing topographic contours and mapped soils;
(h)
Existing vegetation (list type and percent of coverage; i.e., grassland, plowed field, wooded areas, etc.);
(i)
Revegetation areas and methods;
(j)
Dust and sediment and erosion control;
(k)
Proposed stormwater management measures;
(l)
Any floodplains or wetlands;
(m)
Fencing location;
(n)
Total site acreage;
(o)
Landscape and buffer areas.
(2)
Before final approval, a major site plan drawn at an appropriate scale shall be provided identifying all items listed in Subsection I(1), as well as:
(a)
Engineered drawings of the solar installation showing the proposed layout of the system and any potential shading from nearby structures or vegetation.
(b)
The number of panels to be installed, the proposed location and spacing of solar panels, and location of any associated accessory structures.
(c)
An operation and maintenance plan.
(d)
Landscape and landscape maintenance plan.
(e)
A copy of the interconnection agreement or a written explanation why an interconnection agreement is not necessary.
[Added 10-28-2025 by Bill No. 2025-012]
A.
Applicability. This section applies to solar energy generating stations with a nameplate capacity of 1 megawatt or greater. County review and approval authority shall be limited to matters not expressly preempted by the Maryland Renewable Energy Certainty Act[1] or other provisions of state law.
B.
Compliance with state law and standards. All solar energy generating stations subject to this section shall comply with the Maryland Public Utilities Article, including CPCN (Certificate of Public Convenience and Necessity) requirements and any other regulations, procedures, or conditions imposed by the Maryland Public Service Commission.
C.
Local requirements. Except where expressly preempted by State law, a solar energy generating station shall comply with all applicable provisions of the Caroline County Code, including, but not limited to, subdivision, site plan, building, stormwater, erosion and sediment control, and forest conservation.
[Added 10-6-2020 by Ord. No. 2020-1]
B.
Exemptions. The following activities shall be exempt from these requirements:
(1)
Accessory uses: uses that are accessory to the primary use of the property, including private parties, gatherings, and similar activities that are not subject to a use agreement between a private party and the property owner.
(2)
Places of worship.
(3)
Parks and recreational facilities.
(4)
Music festivals, outdoor festivals, concerts, or other similar spectator events.
C.
All events shall be limited to a single day between the hours of 9:00 a.m. and 11:00 p.m. All activities related to the event, including event breakdown, shall cease 48 hours after the scheduled end of the event.
D.
All event activities shall be limited to the use areas indicated on the site plan submitted by the property owner and approved by the Planning Commission.
E.
Event parking:
(1)
Shall be limited to the area shown on the approved site plan.
(2)
There shall be no parking or standing of vehicles in any public right-of-way.
(3)
The parking area shall be adequately screened as determined by the special use exception and approved site plan.
(4)
A dust control plan must be submitted for approval for unpaved parking lots.
(5)
If parking for an event cannot be accommodated on-site, then shuttle service must be provided for that event.
F.
Amplified music or other amplified sound shall only be allowed per the conditions of the special use exception. Sound from any event, including events with music (amplified and nonamplified), shall comply with the requirements of both State of Maryland laws and regulations and the Caroline County Code, including the Zoning Ordinance, which pertain to the limitations and prohibitions on noise in the applicable zoning districts.
G.
All food served at events shall be prepared and served in accordance with Health Department regulations.
H.
All alcohol served must be in compliance with both the State of Maryland and local Caroline County alcoholic beverage rules and regulations. An alcoholic beverage license must be obtained when required.
I.
All applicable Health Department, Board of Liquor License Commissioners, Maryland Department of Transportation, Caroline County Department of Public Works, Maryland State Fire Marshal's Office, building and zoning permits, Sheriff's Department, and any other applicable requirements must be obtained prior to commencement of any special events.
J.
The design of any structures shall be generally consistent and compatible with other structures in the area.
L.
Event management plan. Owners/operators shall maintain an event management plan that includes, but is not limited to, all applicable conditions of approval, approved use permit and plot plan, traffic management plan, exhibit map showing all closest surrounding sensitive receptors, compliance with applicable public health restrictions or guidelines, and all other operational limitations. A copy of the event management plan shall be provided to the Department of Planning and Codes and must be available for on-site inspection at all times.
[Added 4-8-2025 by Bill No. 2025-001]
PREAMBLE: The following provisions are an exercise by Caroline County of the authority remaining to it to regulate cannabis facilities as prescribed in §§ 36-405 and 36-410 of the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland. The existence of cannabis facilities in Caroline County is a result of State law and was never authorized or approved by the County Commissioners of Caroline County.
A.
Cannabis dispensaries.
(1)
The closest portion of a cannabis dispensary building or structure shall not be located within 500 feet from the closest boundary of a parcel containing a pre-existing educational facility, religious facility, public or nonprofit park or recreation area, playground, civic community center or service club, library, registered family day care or licensed group day-care center.
(2)
The closest portion of a cannabis dispensary building or structure shall not be located within one-half mile of another cannabis dispensary building or structure.
(3)
The closest portion of a cannabis dispensary building or structure shall not be within 100 feet of the boundary of any parcel in a Residential Zoning District (i.e., an R-1, R-2, or MH Zoning District).
B.
Cannabis growers.
(1)
The closest portion of a cannabis grower building or structure shall not be located within 1,200 feet from the closest boundary of a parcel containing a pre- existing educational facility, religious facility, public or nonprofit park or recreation area, playground, civic community center or service club, library, registered family day care or licensed group day-care center.
(2)
The closest portion of a cannabis grower building or structure shall not be within 600 feet of the boundary of any parcel in a Residential Zoning District (i.e., an R-1, R-2, or MH Zoning District); provided, however, that when the distance from a cannabis building or structure is being measured with respect to a parcel containing a residential structure within a Rural (R) Zoning District, the closest portion of the cannabis building or structure shall not be less than 300 feet from the boundary of such parcel or, failing such separation, shall not be less than 600 feet from the closest portion of any building or structure used principally as a residential dwelling.
C.
Cannabis processors.
(1)
The closest portion of a cannabis processor building or structure shall not be located within 1,200 feet from the closest boundary of a parcel containing a pre-existing educational facility, religious facility, public or nonprofit park or recreation area, playground, civic community center or service club, library, registered family day care or licensed group day-care center.
(2)
The closest portion of the cannabis structure shall not be within 600 feet of the boundary of any parcel in a Residential Zoning District (i.e., an R-1, R-2, or MH Zoning District); provided, however, that when the distance from a cannabis building or structure is being measured with respect to a parcel containing a residential structure within a Rural (R) Zoning District, the closest portion of the cannabis building or structure shall not be less than 300 feet from the boundary of such parcel or, failing such separation, shall not be less than 600 feet from the closest portion of any building or structure used principally as a residential dwelling.
D.
The setbacks listed under Subsection A B and C are in addition to any buffer, buffer yard, setback, or other design criteria generally applicable to a use in the permitted zoning districts.
E.
Application. Compliance with the requirements of § 175-48 shall be determined as of the date of submittal of a completed application for a building permit and/or zoning certificate, site plan, or special use exception and any changes to the use of adjoining or neighboring property or to the size, type, number or location of structures or buildings on adjoining or neighboring property applied for, made after the date of submittal of a completed application for a building permit and/or zoning certificate, site plan, or special use exception shall be of no effect and shall not be given any consideration in determining compliance with the requirements of § 175-48.