An adult bookstore shall comply with all of the following requirements.

   (1)   The use shall be located at least 1,000 feet from the boundary line of any residential district, dwelling, school, library, park, playground, child care center, religious facility, video lottery facility, or other adult bookstore or adult movie theater. For purposes of this subsection, distance shall be

measured in a straight line from the closest part of the lot on which the adult bookstore or adult movie theater is located to the nearest boundary line of any residential district or the nearest lot line on which any dwelling, school, library, park, playground, child care center, religious facility, video lottery facility, or other adult bookstore or adult movie theater is located.

   (2)   The use shall have all windows, doors, and other apertures blackened or obstructed to prevent anyone outside the establishment from viewing its interior.

   (3)   The proprietor, owner, and employees of the establishment shall prohibit access to the premises by anyone under the age of 18.

(Bill No. 4-05; Bill No. 82-09)

An adult movie theater shall comply with all of the following requirements.

   (1)   The use shall be located at least 1,000 feet from the boundary line of any residential district, dwelling, school, library, park, playground, child care center, religious facility, video lottery facility, or other adult bookstore or adult movie theater. For purposes of this subsection, distance shall be measured in a straight line from the closest part of the lot on which the adult bookstore or adult movie theater is located to the nearest boundary line of any residential district or the nearest lot line on which any dwelling, school, library, park, playground, child care center, religious facility, video lottery facility, or other adult bookstore or adult movie theater is located.

   (2)   The use shall have all windows, doors, and other apertures blackened or obstructed to prevent anyone outside the establishment from viewing its interior.

   (3)   The proprietor, owner, and employees of the establishment shall prohibit access to the premises by anyone under the age of 18.

   (4)   A viewing booth in an adult film arcade:

      (i)   shall have at least one side open to an adjacent public room so that the area inside the viewing booth is visible to persons in the adjacent public room;

      (ii)   may not be equipped with a curtain, door, or other device that allows the interior of the viewing booth to be screened from the view of persons in the adjacent public room;

      (iii)   shall have lighting of sufficient intensity that a person in the viewing booth is visible by persons in the adjacent public room; and

      (iv)   shall be separated from an adjacent viewing booth by a wall or other solid partition sufficient to prevent sexual activity with a person in the adjacent viewing booth.

(Bill No. 4-05; Bill No. 82-09)

For purposes of this section, “agricultural building” means the buildings described in § 105.2.1.14 of the Construction Code of Anne Arundel County. If there will be more than 50 occupants at any one time in an agricultural building for an agritourism use, the agritourism use shall be limited to a ground floor level of the building and the Fire Marshal shall inspect the agricultural building for compliance with the State Fire Prevention Code before it may be occupied for an agritourism use.

(Bill No. 67-17)

An alcoholic beverage use that is accessory to another use shall comply with all of the following requirements.

   (1)   The use shall be licensed by the Board of License Commissioners.

   (2)   If the use is to be conducted out of doors or will include live entertainment or dancing, the area used for the activity shall be located at least 100 feet from all residentially zoned property.

   (3)   An off-sale alcoholic beverage license use shall be located away from schools and religious facilities by at least the distance required by § 11-1603 of the Alcoholic Beverages and Cannabis Article of State Code. For structures, the distance shall be measured in a straight line from entry to entry.

   (4)   An off-sale alcoholic beverage license use for a restaurant or a package goods store use operated on the same property as and under common ownership with a restaurant shall be limited to 30% of the floor area of the restaurant. This restriction does not apply to the sale of package goods exclusively available through the restaurant or produced by the restaurant.

(Bill No. 4-05; Bill No. 69-07; Bill No. 28-16; Bill No. 67-17; Bill No. 48-21)

For purposes of this subtitle ‘pens or runs’ means a fenced in dedicated area for animals, where the animal may safely exercise, play, socialize, and relieve itself while untethered or unleashed.

Animal hospitals or veterinary clinics with non-medical overnight stays shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least one acre.

   (2)   All structures, enclosed pens or enclosed runs for the housing or shelter of animals shall be located at least 50 feet from residentially zoned property.

   (3)   Unenclosed pens or runs shall be:

      (i)   no larger than 1,800 square feet in total;

      (ii)   at least 30 feet from residentially zoned property; and

      (iii)   at least 200 feet from an occupied structure.

   (4)   An animal hospital or veterinary clinic located in a structure that contains uses other than an animal hospital or veterinary clinic shall incorporate sound attenuation construction designed to minimize the impact of noise from the animal hospital or veterinary clinic on the other uses in the structures.

   (5)   An animal hospital or veterinary clinic shall not unreasonably interfere with other tenants located within the same structure as the animal hospital or veterinary clinic and the use may not be noxious, offensive, or otherwise objectionable to surrounding uses.

(Bill No. 13-25)

An assisted living facility shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least five acres.

   (2)   Structures shall be located at least 50 feet from all lot lines.

   (3)   Each access drive shall be located at least 40 feet from any residentially zoned property.

   (4)   An assisted living facility may be operated in conjunction with a nursing home or with adult independent dwelling units or both. The nursing home or adult independent dwelling units may be located on the same lot as the assisted living facility or on one or more abutting lots. If located on one or more abutting lots, the provisions of subsections (2) and (3) shall not apply to the lot lines that are shared by such abutting lots.

   (5)   For an assisted living facility that consists of land located outside the critical area in more than one zoning district:

      (i)   provisions concerning the number of adult independent dwelling units allowed in a given area of land shall be applied in the aggregate rather than separately to the individual zoning districts, lots or sites;

      (ii)   provisions concerning public improvements, such as public sewer and water connections, road, and sidewalks, shall be applied to the assisted living facility in its entirety;

      (iii)   open area requirements shall be calculated for the entire area of the assisted living facility; and

      (iv)   the developer shall demonstrate unified control of the entire assisted living facility and the capability to provide for completion and continuous operation and maintenance of the facility.

   (6)   Comprehensive care units may be provided.

   (7)   No more than two units for every 100 units may be devoted to temporary use for guests or family members of residents.

   (8)   The permitted uses in a C1 district are allowed as part of an assisted living facility if:

      (i)   the uses are centrally located for the use and benefit of the residents and their guests in structures that are architecturally compatible with the residential portion of the assisted living facility; and

      (ii)   the floor area of the uses does not exceed 10% of the total floor area of the units.

   (9)   A pedestrian circulation system interconnecting all parts of the assisted living facility shall be provided.

(Bill No. 7-07; Bill No. 45-09; Bill No. 21-16; Bill No. 67-17; Bill No. 72-24; Bill No. 13-25)

To help ensure that persons with disabilities live and interact with individuals without disabilities to the fullest extent possible, the owner of a community-based assisted living facility II may not own two facilities that adjoin each other and, if a proposed adjoining facility is owned by a business entity, the owner, the owner’s family, and the owner’s business associates may not have any interest, financial or otherwise, in the business entity.

(Bill No. 16-20; Bill No. 13-25)

An automobile gasoline station shall comply with the following requirements.

   (1)   The facility shall be located on a lot of at least 22,500 square feet with at least 150 feet of frontage along each road.

   (2)   The facility may not be located at the intersection of local roads.

   (3)   Service bays shall be oriented to the rear or side lot lines.

   (4)   Structures shall be located at least 40 feet from any road right-of-way, at least 25 feet from any other structure, and at least 10 feet from all lot lines.

   (5)   Pumps shall be located at least 25 feet from any road right-of-way. Pump islands shall be located at least 20 feet apart. Pumps and pump islands shall be located at least 25 feet from a structure not used primarily as an automobile gasoline station.

   (6)   A canopy over a pump island may not project within 15 feet of a road right-of-way.

   (7)   Driveways shall be at least 20 feet from each side or rear lot line, at least 50 feet from any intersecting road right-of-way, and at least 15 feet and no more than 35 feet wide.

   (8)   Obstructions that adversely affect visibility at a station driveway are prohibited.

(Bill No. 4-05; Bill No. 67-17; Bill No. 16-20; Bill No. 13-25)

Automobile, truck, and recreational vehicle sales facilities shall comply with all of the following requirements.

   (1)   The facility shall be on a lot or parcel located within 300 feet of a lot or parcel where automobile, truck, and recreational vehicle sales are permitted as a matter of right.

   (2)   The facility shall have vehicular access to an arterial road.

   (3)   The lot or parcel on which the facility is located shall be within a priority funding area.

   (4)   The facility shall comply with the requirements of the County Landscape Manual.

   (5)   The facility shall be located on a lot or parcel of at least two acres, except that a facility may be located on a lot or parcel of at least one acre if vehicular access is provided to at least two arterial roads.

   (6)   The facility shall be served by public water and sewer.

   (7)   Except for vehicles displayed in a showroom and facilities on a lot or parcel of at least one acre with vehicular access to at least two arterial roads, at least 75% of the vehicles available for sale shall be parked behind the buildings associated with the facility.

(Bill No. 17-17; Bill No. 67-17; Bill No. 77-19; Bill No. 16-20; Bill No. 13-25)

A bed and breakfast home shall comply with all of the following requirements.

   (1)   The home shall be located in an owner-occupied single-family detached dwelling on a lot of at least 11,000 square feet.

   (2)   The home may contain no more than three guest rooms for the lodging of guests for no more than 14 consecutive days. The owner shall maintain a reservation log of the arrival and departure dates of all guests for inspection by the Office of Planning and Zoning.

   (3)   On a waterfront lot, one boat slip may be provided for the use of guests.

   (4)   Guest rooms may not contain any cooking facilities, and food service shall be provided only for guests and only in a group dining area of the dwelling.

   (5)   Exterior alterations may not be made for the purpose of providing the home unless necessary to ensure the safety of the structure.

   (6)   If the lot is zoned R1, R2, or R5, it shall be located within the area shown on the official map adopted by the County Council entitled “Bed & Breakfast Homes and Bed & Breakfast Inns in R1, R2, and R5 Zoning Districts”, dated August, 2005, adopted by Bill No. 55-05.

(Bill No. 4-05; Bill No. 55-05; Bill No. 17-17; Bill No. 65-17; Bill No. 67-17; Bill No. 16-20; Bill No. 13-25)

A commercial bingo facility shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least one acre and at least 100 feet from any residentially zoned property.

   (2)   The facility shall have vehicular access to an arterial road and may not draw traffic through local roads in nearby residential areas.

   (3)   Sufficient vehicular access shall be provided to prevent traffic congestion, and all points of access shall be located at least 50 feet apart and at least 50 feet from any road intersection.

(Bill No. 4-05; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 13-25)

A bird sanctuary shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least three acres.

   (2)   Buildings and enclosures for the housing or shelter of birds shall be at least 100 feet from any residentially zoned property and birds may not be housed within the 100-foot setback.

   (3)   Any dwelling on the property shall be occupied by at least one person involved in the operation of the bird sanctuary.

   (4)   The bird sanctuary shall be operated by an entity exempt from taxation under § 501(c)(3) of the Internal Revenue Code and may not be operated for commercial purposes.

   (5)   The entity operating the bird sanctuary shall be accredited by the American Sanctuary Association or the Global Federation of Animal Sanctuaries.

(Bill No. 2-21; Bill No. 13-25)

   (a)   Requirements. BRAC Mixed Use Development shall comply with the following requirements.

      (1)   The property shall be located in the “BRAC Mixed Use Development Area Expanded Boundary” Area comprising properties within the four mile radius of U.S. Army Ft. George G. Meade and within the shaded areas depicted on the official map adopted by the County Council in Bill No. 50-25.

      (2)   The minimum parcel size is five acres in the aggregate.

      (3)   Building height and coverage in a BRAC Mixed Use Development shall be as provided in the underlying zoning district, and setbacks for principal structures shall be the lesser of the setback provided in the bulk regulations applicable to the underlying zoning district or the bulk regulations set forth in § 18-4-901. The maximum allowable density for residential dwellings in a BRAC Mixed Use Development shall be 15 dwelling units per acres of gross area.

      (4)   When developed on multiple but contiguous lots within an MXD district, BRAC Mixed Use Development shall include, to the extent practicable, integrated design elements and connectivity between the lots to create a cohesive environment.

   (b)   Uses. The following uses are allowed in a BRAC Mixed Use Development, in addition to the uses allowed in the underlying zoning district.

      (1)   Uses allowed in R15 districts, including all variations of dwellings defined in § 18-1-101, subject to the bulk regulations set forth in § 18-4-901 except for building height, coverage, density, and setbacks.

      (2)   Grocery stores greater than 25,000 square feet in size, subject to the bulk regulations set forth in § 18-5-401 except for building height, coverage and setbacks.

      (3)   Retail specialty stores or shops for retail sales, as defined in § 18-5-102, subject to the bulk regulations set forth in § 18-5-401 except for building height and setbacks.

      (4)   The use requirements of § 18-8-302 do not apply to BRAC Mixed Use Development.

(Bill No. 60-10; Bill No. 58-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 2-21; Bill No. 31-22; Bill No. 13-25; Bill No. 50-25)

   (a)   Requirements. A business complex located in a residential district shall comply with all the following requirements.

      (1)   The business complex shall be located on property owned by a governmental entity or owned or controlled by a volunteer organization as of March 29, 2024 that provides first responder services as its primary function through the use of equipment and apparatus. For purposes of this paragraph, “controlled by” means subject to a purchase agreement in favor of the volunteer organization.

      (2)   The business complex shall be located on a lot of at least five acres.

      (3)   The business complex shall be located on a principal arterial road or at an intersection of a principal arterial road and a minor arterial road.

      (4)   The business complex may not draw traffic through local roads in nearby residential areas.

      (5)   The business complex is subject to the bulk regulations set forth in § 18-5-401.

      (6)   Development in the business complex shall:

         (i)   use environmental site design features approved by the Planning and Zoning Officer to address 50% of existing lot coverage and 100% of any new development; and

         (ii)   comply with the requirements of the County Landscape Manual.

      (7)   Any clearing shall be in accordance with the provisions of this article and Article 17 of this Code.

      (8)   The business complex shall be served by public water and sewer.

      (9)   The business complex shall be located either:

         (i)   in an area designated commercial in the planned land use map in the General Development Plan adopted as of May 13, 2021;

         (ii)   on property immediately adjacent to property owned by a government entity or volunteer organization as identified under paragraph (1); or

         (iii)   on property immediately adjacent to property identified under item (ii) if the property is included in the business complex.

   (b)   Additional uses allowed. If the requirements of subsection (a) are met, the permitted, conditional, and special exception uses allowed in a C1 district or a C3 district under § 18-5-102 are allowed in the business complex.

(Bill No. 15-23; Bill No. 94-23; Bill No. 13-25)

A business complex with auxiliary uses shall comply with all of the following requirements.

   (1)   Auxiliary uses may occupy no more than 50% of the floor area of a business complex.

   (2)   Any auxiliary use may not occupy more than 25,000 square feet of floor area.

   (3)   For an entertainment complex, including a multi-screen complex:

      (i)   the facility shall be located in a business complex of at least 100 acres that is located within one mile of a freeway;

      (ii)   the facility shall abut an arterial or greater capacity road; and

      (iii)   not more than one facility may be constructed in the business complex.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 15-23; Bill No. 13-25)

A temporary carnival, circus, or fair shall comply with all of the following requirements.

   (1)   In residential districts:

      (i)   the use shall be located on a lot of at least one acre that is occupied by an existing institutional use, such as a fire station, school, or religious facility;

      (ii)   the use may last no longer than 12 days per event and occur no more than twice in a 365-day period at the same location; and

      (iii)   the lot shall be completely cleared within seven days after the closing of the use.

   (2)   In commercial and industrial districts:

      (i)   the use shall be located on a lot of at least one acre; and

      (ii)   the principal vehicular access for the use shall be located on a collector or higher classification road within one-half mile of a freeway or arterial road and may not draw traffic through local roads in nearby residentially zoned areas.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 15-23; Bill No. 13-25)

A carwash shall comply with all of the following requirements.

   (1)   There shall be at least a 50-foot area that includes landscaped screening in accordance with the County Landscape Manual between a carwash and the lot line of any residentially zoned property.

   (2)   Vehicular access shall be from a minor arterial or higher classification road.

(Bill No. 81-22; Bill No. 15-23; Bill No. 13-25)

A commercial telecommunication facility shall comply with all of the following requirements.

   (1)   The developer of a facility permanently located on the ground shall:

      (i)   not less than two weeks and not more than 60 days before filing an application for a building permit, give notice, by certified mail, return receipt requested, to all owners of property located within 250 feet of the lot lines of the proposed facility as listed on the tax rolls of the County; and

      (ii)   file with the application for a building permit a list of the names and addresses of all property owners who were notified; a copy of the notice that was sent; copies of all return receipts; copies of the envelopes of any notices that were returned as undelivered; and an affidavit that notice was given as required.

   (2)   The developer of a facility shall provide a certification from a registered engineer that the structure will meet the applicable design standards of Article 15 of this Code for wind loads.

   (3)   The developer of a facility and each applicant for a zoning certificate of use shall submit a certification from a consultant acceptable to the Planning and Zoning Officer that the facility or the developer’s use of the facility will not degrade or interfere with the County’s public safety communication systems.

   (4)   Within 30 days after the issuance of a zoning certificate of use for a commercial telecommunications facility and by September 1 of each year thereafter, the holder of the certificate shall submit a certification from an engineer acceptable to the Planning and Zoning Officer of the radio frequency radiation actually measured from the facility, that the measurements are accurate, and that the measurements meet the applicable Federal Communications Commission standards and guidelines for those emissions. If at any time the owner or user of the telecommunication facility cannot provide the certification required by this subsection, the certificate of use may be revoked.

   (5)   A tower, antenna, or monopole shall be painted gray or a similar color that will minimize its visibility. An accessory structure shall be screened and buffered in accordance with the Landscape Manual so that it is not visible from abutting residential properties. A facility to be constructed within sight of a property listed on the National Register of Historic Places shall mitigate any adverse visual impact of the facility in the manner determined by the Office of Planning and Zoning. Advertising on a facility is prohibited.

   (6)   A facility may co-locate on the rooftop of an existing nonresidential structure other than a commercial telecommunication facility and on the rooftop of multifamily dwellings with more than 10 units without meeting the setback requirements applicable to commercial telecommunication facilities if the principal structure is at least 50 feet in height above grade level and the facility does not extend above the existing roof height by more than 15 feet.

   (7)   A facility attached to a transmission line pole or tower may not laterally project more than 15 feet beyond the crossarms or other support extensions affixed to the pole or tower and may not project above the top of the pole or tower by more than 15 feet if the pole or tower will support one provider or 25 feet if the pole or tower will support more than one provider. The pole or tower, including all projections, may not exceed 199 feet in height. All accessory structures shall be underneath the transmission line within the drip line of the outermost lines or be located from the edge of the transmission line right-of-way by a distance equal to at least the minimum setback required for accessory structures in the zoning district in which the facility is located.

   (8)   For a facility not attached to a transmission line pole or tower that is located within 100 feet of a transmission line right-of-way:

      (i)   the principal structure shall be located at least 500 feet from any offsite dwelling;

      (ii)   the facility may not exceed 199 feet in height;

      (iii)   the principal structure of a facility that is permanently located on the ground shall be a monopole; and

(iv)accessory structures shall be located within 50 feet of the principal structure and located 500 feet from any offsite dwelling.

   (9)   A private facility located on land owned by a governmental entity or a volunteer fire company shall meet the requirements for a commercial telecommunication facility contained in Title 11.

   (10)   A facility that ceases operation for a period of 12 consecutive months shall be considered as terminated and shall be removed within 90 days of termination at the property owner’s expense.

   (11)   For a facility located in a commercial or industrial district, the facility shall also comply with the following requirements:

      (i)   each structure permanently located on the ground shall be located by the greater of 200 feet or one foot for each foot of height from the boundary of a residential district or from the lot line of a residentially occupied property, school, public park, or platted community recreation area or open space;

      (ii)   accessory structures shall be screened from adjoining residentially zoned or residentially developed property in accordance with the Landscape Manual; and

      (iii)   the height of a structure permanently located on the ground may not exceed:

            1.   for one provider, 130 feet, or 160 feet for a private facility located on government-owned land;

            2.   for two providers, 170 feet, or 200 feet for a private facility located on government-owned land;

            3.   for three providers, 210 feet, or 240 feet for a private facility located on government-owned land; and

            4.   for four or more providers, 250 feet.

   (12)   A facility may co-locate on another commercial telecommunication facility existing as of December 31, 2001, without meeting setback requirements that became effective after December 31, 2001. If the principal structure of a facility existed as of December 31, 2001, accessory structures are allowed within 50 feet of the principal structure without meeting applicable setback requirements that became effective after December 31, 2001.

(Bill No. 4-05; Bill No. 69-07; Bill No. 10-11; Bill No. 8-15; Bill No. 17-17; Bill No. 65-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 13-25)

A composting facility shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least five acres. The active composting area of the facility shall be limited to an area of not more than 25% of the lot, not to exceed 10 acres.

   (2)   The facility shall be located 100 feet from the property line of the property, 300 feet from a dwelling not owned by the owner of the composting facility, 100 feet from a domestic well, and 100 feet from a stream, lake or other body of water, except for an impoundment for use in the composting process.

   (3)   All vehicular access to the site shall be from a collector road, an arterial road, or freeway.

   (4)   Space shall be adequate so that trucks using the facility are not stopped or parked on a road right-of-way.

   (5)    The active composting area of the facility shall be adequately enclosed, screened and buffered by a fence or natural buffer so as to protect adjoining uses from dust, odors or debris from the facility.

   (6)   The site shall be cleaned of litter and scattered refuse daily.

   (7)   Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday.

   (8)   A Tier 2 composting facility may not accept animal mortalities for composting, except for animal mortalities generated on the same lot during the normal course of operations.

   (9)   A Tier 2 composting facility may not accept industrially produced food processing materials, including chicken and seafood residuals.

   (10)   The facility shall comply with applicable Fire Prevention Code requirements as determined by the Fire Marshal.

(Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 13-25)

A country club, a private club, or a service or nonprofit charitable organization that has less than 125 onsite parking spaces shall comply with all of the following requirements.

   (1)   Each structure shall be located at least 100 feet from all lot lines.

   (2)   Required onsite parking may not be located in a required setback.

   (3)   Structures and onsite parking may cover no more than 30% of the lot in RLD districts and no more than 60% of the lot in other residential districts in which the use is allowed.

   (4)   A facility located in an RA district shall be located on a road other than a scenic or historic rural road.

(Bill No. 4-05; Bill No. 4-06; Bill No. 21-06; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 13-25)

A country club, a private club, or a service or nonprofit charitable organization that has 125 or more onsite parking spaces shall comply with all of the following requirements.

   (1)   Each structure shall be located at least 100 feet from all lot lines.

   (2)   Required onsite parking may not be located in a required setback.

   (3)   Structures and onsite parking may cover no more than 30% of the lot in RLD districts and no more than 60% of the lot in other residential districts in which the use is allowed.

(Bill No. 4-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 13-25)

Data storage centers in the BWI/Fort Meade Growth Area shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot or contiguous lots that total at least 25 acres.

Requirements for Conditional Uses§ 18-10-122

   (2)   The facility shall comply with all applicable bulk regulations for the zoning district in which the facility is located, except that the bulk regulations contained in the following chart shall be met:

 

 

   (3)   A variance may not be granted that reduces the minimum setback requirements specified in subsection (2).

   (4)   The lot or contiguous lots on which the data center is located may not include residential dwelling units.

   (5)   Outside storage is permitted as an accessory use, provided no more than 15% of the total allowed lot coverage is used for outside storage.

   (6)   The lot or contiguous lots comprising the facility shall be located in the BWI/Fort Meade Growth Area, as shown on the official map adopted by the County Council entitled “BWI/Fort Meade Growth Area, 2016”.

(Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 13-25)

An accessory dwelling unit shall comply with all of the following requirements.

   (1)   No more than one accessory dwelling unit per lot is allowed.

   (2)   An accessory dwelling unit may not be a mobile home or a manufactured home, as defined in § 11-9-101 of this Code.

   (3)   An accessory dwelling unit shall be located:

      (i)   in a separate dwelling unit in a principal single-family detached dwelling, or connected by a breezeway, open or enclosed, to a principal single-family detached dwelling;

      (ii)   in an attached or detached garage; or

      (iii)   in a detached structure.

   (4)   An accessory dwelling unit located in a detached structure may not exceed the lesser of 800 square feet or 50% of the floor area of the principal single-family detached dwelling. An accessory dwelling unit, or the conversion of all or part of an existing structure into an accessory dwelling unit, shall be constructed pursuant to any permits required by this Code.

   (5)   An accessory dwelling unit shall have a separate entrance.

   (6)   An accessory dwelling unit shall use the same street address as the principal single-family detached dwelling and shall be designated as “Unit B”.

   (7)   The principal single-family detached dwelling or accessory dwelling unit may be used for short-term residential rentals, as defined in Article 11 of this Code, if the principal single-family detached dwelling or accessory dwelling unit is owner-occupied.

   (8)   An accessory dwelling unit in use and in compliance with the provisions of this section prior to May 27, 2023 is not subject to subsections (4), (5), (6), or (7), unless the accessory dwelling unit is altered or expanded after May 27, 2023.

   (9)   (i)   Except as provided in subparagraph (ii), a variance may not be granted to reduce the minimum setback requirements to an adjacent lot located in a residential district.

      (ii)   A variance to reduce the minimum setback requirements to an adjacent lot located in a residential district may be granted if the variance is for a structure that was in existence before May 27, 2023 and the structure is being converted to an accessory dwelling unit.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 6-23; Bill No. 15-23; Bill No. 13-25)

Adult independent dwelling units in a commercial district shall comply with all of the following requirements:

   (1)   The facility shall be located on a lot of at least one acre.

   (2)   Except for the structures and uses listed in § 18-2-301(e) and stormwater management facilities, structures shall be located at least 50 feet from the boundary line of the development site.

   (3)   Parking areas shall be located at least 15 feet from any residentially zoned property.

   (4)   Each access drive shall be located at least 40 feet from any residentially zoned property.

   (5)   The maximum density shall be 22 dwelling units per acre.

   (6)   Group facility and service uses, if provided, shall be centrally located for the exclusive use and benefit of the residents and their guests in structures that are architecturally compatible with the residential portion of the development.

   (7)   A pedestrian circulation system interconnecting all parts of the community with sidewalks and walkways shall be provided.

(Bill No. 4-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 102-21; Bill No. 81-22; Bill No. 15-23; Bill No. 17-24; Bill No. 72-24; Bill No. 13-25)

   (1)   Density.

      (i)   Except as provided in paragraph (ii), triplex, fourplex, and multiplex dwelling density may not exceed 12 units per acre in a C1 district, 22 units per acre in a C2 district, or 15 units per acre in a C3 district.

      (ii)   Except as provided in paragraph (iii), for redevelopment under Title 7 of Article 17 of this Code in a critical economic, critical corridor, transit oriented development policy area, a mixed use overlay policy area, or a corridor revitalization and redevelopment overlay policy area, as defined in the County’s General Development Plan, triplex, fourplex, and multiplex density may not exceed 22 units per acre in a C1, C2, or C3 district.

      (iii)   Paragraph (ii) shall not apply to properties located in:

         1.   a critical corridor policy area if a portion of the critical policy area is designated as mixed use planned land use and the area is recommended for a sector plan or study in a region plan adopted between May 4, 2024 and December 31, 2024;

         2.   region planning areas 8 and 9 of the County’s Plan 2040 General Development Plan; and

         3.   a critical corridor policy area that, as of January 1, 2025, is located in region planning area number 5 of the County’s Plan 2040 General Development Plan and councilmanic district number 7.

   (2)   Utilities. The development shall be served by public water and sewer.

   (3)   Distances between structures. Minimum distances between structures located on the same lot (closest projecting edge) are contained in the following chart.

 

 

(Bill No. 78-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 72-24; Bill No. 2-25; Bill No. 13-25)

When a marina caretaker’s residence dwelling unit is located on a property with a single family dwelling, the square footage of the marina caretaker’s residence dwelling unit shall be no more than 800 square feet of floor area.

(Bill No. 3-24; Bill No. 76-24; Bill No. 13-25)

   (1)   Commercial districts. Multifamily dwellings in a commercial district shall comply with all of the following requirements.

      (i)   Except as provided in paragraphs (iii) and (iv), density may not exceed:

 

 

      (ii)   Except as provided in paragraph (iii), the development shall include commercial uses that equal:

 

 

      (iii)   1.   Except as provided in paragraph 3., for redevelopment under Title 7 of Article 17 of this Code in a critical economic, critical corridor, transit oriented development policy area, a mixed use overlay policy area, or a corridor revitalization and redevelopment overlay policy area, as defined in the County’s General Development Plan, density may not exceed 22 units per acre in a C1, C2 or C3 district.

         2.   Except as provided in paragraph 3., for redevelopment under Title 7 of Article 17 of this Code in a critical economic, critical corridor, or transit oriented development policy area, a mixed use overlay policy area, or a corridor revitalization and redevelopment overlay policy area, as defined in the County’s General Development Plan, no commercial use is required in a C1, C2, or C3 commercial district.

         3.   Subparagraphs 1. and 2. shall not apply to properties located in:

            a.   a critical corridor policy area if a portion of the critical policy area is designated as mixed use planned land use and the area is recommended for a sector plan or study in a region plan adopted between May 4, 2024, and December 31, 2024;

            b.   region planning areas 8 and 9 of the County’s Plan 2040 General Development Plan; and

            c.   a critical corridor policy area that, as of January 1, 2025, is located in region planning area number 5 of the County’s Plan 2040 General Development Plan and councilmanic district number 7.

      (iv)   In a C3 district, on a site located in the BWI/Fort Meade Growth Area, as shown on the official map adopted by the County Council, entitled “BWI/Fort Meade Growth Area, 2016”, the commercial uses required under paragraph (ii) may be replaced with multifamily dwellings with density of up to 44 dwelling units per acre for the site.

      (v)   If commercial uses are included within a multifamily dwelling, the dwelling units shall have entrances that are separate from the entrances to the commercial uses.

      (vi)   The bulk regulations contained in the following chart shall be met.

 

   (2)   Residential districts. Multifamily dwellings in R1, R2, and R5 districts shall comply with the following requirements:

      (i)   multifamily dwelling units shall be adult independent dwelling units;

      (ii)   the development shall be served by public water and sewer; and

      (iii)   the bulk regulations contained in the following chart shall be met.

 

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 3-24; Bill No. 17-24; Bill No. 20-24; Bill No. 72-24; Bill No. 2-25; Bill No. 13-25)

Townhouses and stacked townhouses shall comply with all of the following requirements.

   (1)   The bulk regulations contained in the following chart shall be met:

 

   (2)   Increased density for a redevelopment project as provided in the chart in subsection (1) shall not apply to properties located in:

      (i)   a critical corridor policy area if a portion of the critical policy area is designated as mixed use planned land use and the area is recommended for a sector plan or study in a region plan adopted between May 4, 2024, and December 31, 2024;

      (ii)   region planning areas 8 and 9 of the County’s Plan 2040 General Development Plan; and

      (iii)   a critical corridor policy area that, as of January 1, 2025, is located in region planning area number 5 of the County’s Plan 2040 General Development Plan and councilmanic district number 7.

   (3)   The front facade of an individual unit shall be staggered from the front facade of an adjoining unit by at least two feet in order to create a variation in the front facades, or the developer shall submit a plan showing variations or architectural features to provide a variety of facades, features, and relief acceptable to the Planning and Zoning Officer.

   (4)   Pedestrian connections, such as walking paths, sidewalks, and hiker-biker trails, shall be provided to connect townhouses, multifamily dwelling buildings, and open areas within the development.

   (5)   In an R1 or R2 district, townhouses shall be adult independent dwelling units.

   (6)   In addition to the requirements of subsections (1), (2), (3), and (4), the following is required for developments located in an R1, R2, and R5 district:

 

 

   (7)   In addition to the requirements of subsections (1), (2), and (3), the following is required for developments located in an R10, R15, and R22 district:

 

 

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 55-11; Bill No. 64-11; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 33-22; Bill No. 81-22; Bill No. 15-23; Bill No. 3-24; Bill No. 17-24; Bill No. 72-24; Bill No. 2-25; Bill No. 13-25; Bill No. 20-25)

Electric vehicle towing and storage facilities shall comply with the following requirements:

   (1)   The facility shall provide for the towing and storage of only electric vehicles; and

   (2)   Side yard setbacks shall be increased by five (5) feet if the adjacent property is residentially-zoned.

(Bill No. 81-24; Bill No. 13-25)

A farm alcohol production facility shall comply with the following requirements.

   (1)   The facility shall be located on a farm of at least 10 acres and shall be operated by the farm owner or farm manager.

   (2)   The farm upon which the facility is located shall produce at least one acre of grain, hops, fruit, or other ingredient, excluding water that is utilized to produce alcohol. For a facility that produces mead, at least one acre of land on the farm upon which the facility is located shall be used to nourish a colony of bees.

   (3)   Except as provided in paragraph (i) or (ii), the minimum setback from any lot line for any building or storage facility used in connection with farm alcohol production shall be 100 feet.

      (i)   For existing structures used in connection with alcohol manufacturing or tastings, the setback may be reduced to 50 feet if the Planning and Zoning Officer finds that the reduced setback is compatible with surrounding uses; or

      (ii)   For a farm bounded by a road, the minimum setback from the lot line to a new structure adjacent to the road may be reduced to 50 feet if the Planning and Zoning Officer finds that the reduced setback is compatible with surrounding uses.

   (4)   The floor area for tastings, sale of alcohol produced on-site or accessory non-alcoholic beverage or food sales may not exceed the floor area being used for production and storage of alcohol.

   (5)   The facility shall front upon a public road, and public access to and from the facility, including the tasting room, food sales, and promotional events, shall be directly on the public road. No point of vehicular access may be closer than 40 feet to the lot line of a residentially zoned property that is not part of the farm alcohol production facility. The Planning and Zoning Officer may approve access through a private road where no direct access onto a public road is feasible with conditions as follows:

      (i)   Maintenance of the private road shall be subject to a shared maintenance agreement, with proportional maintenance responsibilities assumed by the owner of the farm alcohol production facility; and

      (ii)   If there is more than one property owner who has a right to use the private road, the owner of the farm alcohol production facility shall provide affidavits of support from each owner. The affidavits shall be approved as to form by the Planning and Zoning Officer prior to signature.

   (6)   A facility located on a scenic and historic road shall comply with the provisions of § 17-6-504 of this Code and mitigate any adverse visual impact to abutting property not owned by the farm operator.

   (7)   Parking areas shall be clearly marked through physical means such as timbers, fences, or stakes, and shall be arranged to avoid traffic congestion on public roads. No parking shall be allowed on public or private rights-of-way.

(Bill No. 68-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

Farm dual uses shall comply with the following requirements.

   (1)   The lot or parcel shall be located in an RA or RLD zoning district with an agricultural use assessment from the State Department of Assessments and Taxation and an approved soil conservation and water quality plan from the Soil Conservation District.

   (2)   The lot or parcel shall be actively farmed, as confirmed by the Soil Conservation District.

   (3)   The lot or parcel shall be a minimum of 20 acres.

   (4)   The owner or operator of the commercial use shall be the owner of the lot or parcel.

   (5)   The commercial use shall have no more than five employees that are not a spouse, child, grandchild, parent, sibling, or grandparent of the owner of the lot or parcel.

   (6)   The commercial use, including any storage area for equipment utilized by the commercial use, shall be: no more than 20,000 square feet in area; set back at least 100 feet from lot boundaries; and screened with a solid fence that is at least six feet tall or a planted buffer at least 15 feet wide that the Office of Planning and Zoning determines is sufficient to provide screening along any adjacent lots and public road right-of-way.

   (7)   No new structures shall be built or utilized as part of the commercial use.

   (8)   Only gravel or pervious material shall be used for parking or outdoor storage areas for the commercial use.

   (9)   Farming shall remain the principal use of the lot or parcel.

(Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A farm or agricultural heritage site special event, 9 to 15 annual events, shall comply with the following requirements.

   (1)   The minimum lot size for a farm is 10 acres.

   (2)   The minimum lot size for an agricultural heritage site is five acres.

   (3)   Onsite circulation and parking areas shall be designed to minimize vehicular and pedestrian conflicts.

   (4)   Any outdoor assembly areas shall be located and designed to shield surrounding residential properties from the effects of noise, hazards, or other offensive conditions and shall be screened from adjacent residential properties.

   (5)   Maximum capacity for a special event on a farm, or for an agricultural heritage site with a lot size over 10 acres, may not exceed 200 attendees. Maximum capacity for a special event on an agricultural heritage site with a lot size between 5 and 10 acres may not exceed 50 attendees.

   (6)   No more than 15 farm or agricultural heritage site special events may be held on the same property within a 12-month period.

   (7)   Operation hours shall be restricted to between 9:00 a.m. and 10:00 p.m., Sunday through Thursday; and between 9:00 a.m. and 11:00 p.m., Friday and Saturday.

   (8)   Each farm or agricultural heritage site special event shall be no longer than one day.

   (9)   Special event activities shall occur outdoors, unless the use of any structures or tents is in accordance with the Building Code.

   (10)   A farm or agricultural heritage site special event shall be accessory and not the principal use on the farm or agricultural heritage site.

   (11)   The owner has owned the property for the immediately preceding two years and has been engaged in active farming for the immediately preceding two years.

   (12)   For property in the critical area, provisions of this Code relating to lot coverage and limits on clearing apply, and include access, parking regardless of surface, temporary structures, temporary tents, and temporary pavement surfaces.

   (13)   For property in the critical area, no new lot coverage, including for access or parking, may be added in the buffer to accommodate the event.

(Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 57-24; Bill No. 81-24; Bill No. 13-25)

A farm or agricultural heritage site stay shall comply with the following requirements.

   (1)   The farm or agricultural heritage site shall be on a lot of at least 10 acres.

   (2)   The owner or manager of the farm or agricultural heritage site shall reside on the property and shall be present during the farm or agricultural heritage site stay.

   (3)   For farms or agricultural heritage sites less than 50 acres, a maximum of three groups or 12 guests, whichever is less, may stay at one time. For farms or agricultural heritage sites 50 acres or more, no more than five groups or 20 guests, whichever is less, may stay at one time. Guests may stay no more than 14 consecutive days.

   (4)   The owner shall maintain a reservation log of the arrival and departure dates of all guests for inspection by the Office of Planning and Zoning.

   (5)   A farm or agricultural heritage site stay shall be accessory and not the principal use on the farm or agricultural heritage site.

   (6)   A farm or agricultural heritage site stay shall include agricultural promotion and guest education about the farm operation or the agricultural heritage site, and shall be subordinate to and in conjunction with agriculture or agricultural heritage and historic preservation goals.

   (7)   Any building or other improvements or additions made in connection with a farm or agricultural heritage site stay shall be located and designed to shield surrounding residential properties from the effects of noise, hazards, or other offensive conditions.

   (8)   The minimum setback from any lot line for any building or other improvements or additions used in connection with a farm or agricultural heritage stay shall be 100 feet.

   (9)   The owner has owned the property for the immediately preceding two years and has been engaged in active farming for the immediately preceding two years.

   (10)   For property in the critical area, provisions of this Code relating to lot coverage and limits on clearing apply, and include access, parking regardless of surface, temporary structures, temporary tents, and temporary pavement surfaces.

   (11)   For property in the critical area, no new lot coverage, including for access or parking, may be added in the buffer to accommodate the event.

(Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 57-24; Bill No. 81-24; Bill No. 13-25)

A farm tenant house shall comply with all of the following requirements.

   (1)   The house shall be located on a farm of at least 20 acres.

   (2)   The house shall be occupied by at least one person involved in a farming operation of the property owner.

   (3)   There may be no more than one tenant house for each 50 acres of farming operation.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A funeral establishment shall comply with the following requirements:

   (1)   The facility shall be located on a lot of a least 20,000 square feet.

   (2)   The facility shall be located at least 25 feet from the lot line of a residentially zoned or occupied property.

(Bill No. 44-15; Bill No. 75-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A garden center shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot that is at least two acres but not more than five acres.

   (2)   The facility shall be located on an arterial road.

   (3)   Accessory uses include the raising or the keeping of chickens, in accordance with the requirements of § 18-4-104 of this Code, the raising or the keeping of bees, and the sale of eggs, honey, and other products relating to chickens and bees.

(Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A private golf course facility shall comply with all of the following requirements.

   (1)   Use of the facility shall be restricted to owners, members, and their guests.

   (2)   The facility may include guest rooms, dining areas, a pro shop, locker rooms, and fitness facilities.

   (3)   No more than 12 guest rooms are allowed on the facility.

   (4)   Not more than one caretaker’s dwelling is allowed as an accessory structure within the facility.

   (5)   Sufficient overflow area to accommodate two additional parking spaces for each hole shall be provided but need not be paved.

(Bill No. 79-07; Bill No. 8-15; Bill No. 44-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

The requirements for a government reuse facility are located in Title 12.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 44-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

To help ensure that persons with disabilities live and interact with individuals without disabilities to the fullest extent possible, the owner of a group home II may not own two facilities that adjoin each other and, if a proposed adjoining facility is owned by a business entity, the owner, the owner’s family, and the owner’s business associates may not have any interest, financial or otherwise, in the business entity.

(Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

Gunsmiths and ammunition sales facilities shall comply with the following requirements:

   (1)   The facility shall be affiliated through ownership, control, or contract, with an indoor or outdoor rifle, pistol, skeet, or archery range.

   (2)   A gunsmith engaged in the business of repairing firearms or making or fitting special barrels, stocks, or trigger mechanisms to firearms, with or without firearm sales, shall obtain all required licenses and permits required by law.

(Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A home occupation shall comply with all of the following requirements.

   (1)   A home occupation shall be located and conducted entirely in a principal dwelling unit and shall be incidental and secondary to the use of the structure as a dwelling.

   (2)   A home occupation may not change the character of the dwelling unit and may not exceed 25% of the total floor area.

   (3)   Home occupations are limited to the following:

      (i)   art, handcraft, woodworking, or ceramics studios for the sale of products made on the premises;

      (ii)   florist or nursery operations for flowers and plants;

      (iii)   hair, cosmetic facial hair, and nail salons;

      (iv)   jewelry, watch, or clock repair;

      (v)   seamstress or tailoring establishments;

      (vi)   photography studios;

      (vii)   professional or general offices;

      (viii)   scissor or saw sharpening operations;

      (ix)   massage practice in which only one State-licensed massage therapist or practitioner practices massage in the dwelling unit as a sole practitioner and receives no compensation from any establishment or individual other than the recipient of the massage;

      (x)   repair and maintenance of firearms, including handguns, rifles, shotguns, and antique firearms, as those terms are defined in the Criminal Law Article, § 4-201, of the State Code;

      (xi)   typing and computer services;

      (xii)   direct sale product distribution, such as Amway, Tupperware, and Avon;

      (xiii)    tutoring and instruction for no more than six students;

      (xiv)   child care for a maximum of 12 children in accordance with the requirements of the State Child Care Administration;

      (xv)   taxidermy, excluding butchering, rendering, or tanning;

      (xvi)   pet care business, on a lot of 6,000 square feet or greater, provided the total number of dogs and cats at the residence at any time does not exceed the number of dogs and cats permitted to be kept on the property under § 18-4-104(a) of this Code, the homeowner does not board animals in outside kennels, dogs are kept in a fenced area with a secure locking gate when outdoors, and the use is not noxious or offensive to surrounding uses;

      (xvii)   cottage food business; and

      (xviii)   pet grooming provided the total number of dogs or cats permitted on the premises for purposes of grooming services does not exceed 2 at any time unless the dogs or cats are under common ownership, and dogs are kept in a fenced area with a secure locking gate when outdoors.

   (4)   The operator of a home occupation shall be a resident of the dwelling unit in which the occupation is located.

   (5)   No more than one nonresident may be employed in the home occupation.

   (6)   The sale or rental of goods or products other than those produced on the premises by the home occupation is prohibited.

   (7)   Outside storage is prohibited.

(Bill No. 4-05; Bill No. 78-05; Bill No. 44-14; Bill No. 8-15; Bill No. 44-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 81-20; Bill No. 90-20; Bill No. 104-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 91-24; Bill No. 13-25; Bill No. 58-25)

Housing for the elderly of moderate means shall consist of rental dwelling units only and shall comply with all of the following requirements.

   (1)   The property shall be encumbered by a recorded covenant enforceable by the County or its designee, that:

      (i)   requires the units to be occupied by:

            1.   individuals who are 62 years of age or older, except that a live-in caregiver who is less than 62 years of age is allowed for a resident with a disability that meets the definition of a disability under 42 U.S.C. § 12102; or

            2.   for a development funded in whole or in part with government funds contingent on adherence to the definition of “elderly family” in 24 C.F.R. 5.403, a family whose head (including co-head), spouse, or sole member is a person who is at least 62 years of age or older;

      (ii)   requires that at least 60% of the units be occupied by individuals with an income that does not exceed 60% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development; and

      (iii)   requires that the remaining units be occupied by individuals with an income that does not exceed 80% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development.

   (2)   The project shall be located on a lot that abuts a collector or higher classification road, with vehicular traffic access from that road.

   (3)   Maximum density shall be 22 dwelling units per acre, not to exceed 60 dwelling units in R2 zoning districts or 120 dwelling units in R5 zoning districts.

   (4)   The floor area of each dwelling unit shall be limited to 1,000 square feet.

   (5)   (i)Except as provided in subparagraph (ii) maximum coverage by structures and parking may not exceed 65% of the gross area of the lot.

      (ii)   In R15, R22, and commercial zoning districts, maximum coverage by structures and parking may not exceed 80% of the gross area of the lot.

   (6)   In R2 and R5 zoning districts, the site shall be located in a priority funding area.

   (7)   The following bulk regulations apply:

 

   (8)   The developer shall establish the allowable maximum rental rates for the rental units and Anne Arundel County or its designee shall confirm that the amount of the rental rates is appropriate.

(Bill No. 77-07; Bill No. 8-15; Bill No. 44-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 97-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 7-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 21-23; Bill No. 62-23; Bill No. 83-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A commercial kennel shall comply with all the following requirements.

   (1)   All structures, enclosed coops, and enclosed runs for the housing or shelter of animals in a commercial kennel shall be located at least 100 feet from residentially zoned property, and animals may not be housed within the 100-foot setback.

   (2)   A commercial kennel located in a structure that contains uses other than a commercial kennel shall incorporate sound attenuation construction designed to minimize the impact of noise from the commercial kennel on the other uses in the structures.

   (3)   A commercial kennel shall not unreasonably interfere with other tenants located within the same structure as the commercial kennel and the use may not be noxious, offensive, or otherwise objectionable to surrounding uses.

(Bill No. 4-05; Bill No. 78-05; Bill No. 12-13; Bill No. 8-15; Bill No. 44-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 56-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

   (a)   Dispensary. A licensed dispensary of cannabis, as defined in State law and regulations, shall comply with all of the following requirements.

      (1)   Except for facilities located in industrial zoning districts, vehicular access shall be from an arterial road or from a local or higher classification road that directly accesses an arterial road.

      (2)   “No loitering” signs shall be conspicuously posted in all parking areas.

      (3)   Displays and depictions of cannabis may not be visible to the general public.

      (4)   The facility may not have an on-site physician for the purpose of issuing written certifications for medical cannabis.

      (5)   A licensed dispensary of cannabis may be located in a licensed dispensary of medical cannabis operating on or before January 1, 2023.

   (b)   Grower. A licensed grower of cannabis, as defined in State law and regulations, shall comply with all of the following requirements.

      (1)   The facility may not be located within 750 feet of the lot line of a public or private school; the lot line of real property owned by the Board of Education; or, except in an RA district, residentially zoned property.

      (2)   In an RA zoning district the facility shall be located on a lot or parcel of at least 10 acres.

      (3)   Other than any security lighting required by State law or regulations, no visible light shall emanate from the facility from dusk to dawn.

   (c)   Processor. A licensed processor of cannabis, as defined in State law and regulations, shall comply with all of the following requirements.

      (1)   The facility may not be located within 750 feet of the lot line of a public or private school; the lot line of real property owned by the Board of Education; or, except in an RA district, residentially zoned property.

      (2)   Processing of cannabis shall be an accessory use to a licensed grower of cannabis.

      (3)   Other than any security lighting required by State law or regulations, no visible light shall emanate from the facility from dusk to dawn.

(Bill No. 96-15; Bill No. 75-16; Bill No. 77-16; Bill No. 83-16; Bill No. 17-17; Bill No. 21-17; Bill No. 67-17; Bill No. 24-18; Bill No. 77-18; Bill No. 7-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 56-23; Bill No. 62-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A neighborhood marina shall comply with the following requirements.

   (1)   A neighborhood marina may have no more than 20 slips.

   (2)   In addition to a marina caretaker’s residence dwelling unit, a neighborhood marina may have one single family detached dwelling unit.

   (3)   The lot size of a neighborhood marina may not exceed three acres.

(Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A nursery with landscaping and plant sales shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least 5 acres.

   (2)   The facility shall be located on an arterial or collector road.

   (3)   Accessory retail or wholesale uses are permitted.

   (4)   Any accessory landscaping or tree cutting operations may not occupy more than 15% of the lot, excluding required setbacks.

   (5)   The storage and display areas for materials and products used and sold for landscaping and the cultivation of plants, bushes, trees, and other nursery items, such as stone, mulch, or fertilizer, may not occupy more than 30% of the lot, or one acre, whichever is less.

   (6)   A conditional use granted under this section and in use as of April 7, 2014 shall be a lawful use if located on a lot of at least five acres in a R2 zoning district, or on a lot of at least two acres in all other zoning districts, and if the requirements of subsections (2) through (5) are met.

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 16-14; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 57-22; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A nursing home shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least five acres plus one acre for each group of 25 beds, or fraction of 25 beds, in excess of 100.

   (2)   All structures shall be located at least 50 feet from all lot lines.

   (3)   A structure used in whole or part for contagious, mental, or drug or alcohol addiction cases shall be located at least 200 feet from all lot lines.

   (4)   Any source of potential nuisance, including a laundry operation, power plant, restaurant, cafeteria, kitchen, ambulance or emergency patient entrance, unloading area for supplies and food, garbage loading area, incinerator, and animal laboratory, shall be located at least 200 feet from any residentially zoned property and at least 50 feet from any road intersection.

   (5)   Each access drive shall be located at least 40 feet from any lot line.

   (6)   Structures and onsite parking may cover not more than 60% of the lot.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A package goods store shall comply with all of the following requirements.

   (1)   The use shall be licensed by the Board of License Commissioners.

   (2)   An off-sale alcoholic beverage license use shall be located away from schools and religious facilities by at least the distance required by § 11-1603 of the Alcoholic Beverages and Cannabis Article of State Code. For structures, the distance shall be measured in a straight line from entry to entry.

(Bill No. 78-05; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 28-16; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A community pier or launching ramp shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least 30,000 square feet that is owned by a homeowner’s association.

   (2)   The facility shall be established and operated for the benefit of the residents of a recorded residential riparian subdivision.

   (3)   Adverse effects on water quality and fish, plant, and wildlife habitat shall be minimized.

   (4)   Nonwater-dependent structures or operations associated with water-dependent projects or activities shall be located outside the buffer to the extent possible.

   (5)   Disturbance to the buffer shall be the minimum necessary to provide a single point of access to the facility.

   (6)   Food, fuel, or other goods and services may not be offered for sale.

   (7)   Boarding ladders shall be located along the sides of a pier and along each bulkhead where the water depth at the bulkhead exceeds four feet in depth at mean high water. Ladders along piers shall be 100 feet apart on each side of the pier and staggered so that the ladders alternate sides every 50 feet. Ladders along bulkheads shall be placed no more than 50 feet apart.

   (8)   United States Coast Guard approved personal flotation devices shall be located along each pier or bulkhead at intervals not exceeding 100 feet.

   (9)   When a community pier with slips is provided as part of a new residential riparian subdivision, private piers in the subdivision are prohibited.

   (10)   The number of slips allowed with a community pier shall be the lesser of the following:

      (i)   one slip for each 50 feet of shoreline in a subdivision located in an intense or limited development area, and one slip for each 300 feet of shoreline in a subdivision located in a resource conservation area; or

      (ii)   a density of slips to platted lots or dwellings in the critical area in accordance with the following chart:

 

 

   (11)   In the event the parcel or lot has riparian rights and the proposed development is located on a portion of the parcel or lot that is out of the critical area, these rights may be utilized in accordance with permitted use criteria established for the critical area classification through the use of a community facility established in accordance with this section, based on the actual length of shoreline or potential density that would have been permitted within the critical area portion of the parcel or lot.

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 93-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A recreational pier shall comply with all of the following requirements.

   (1)   The pier shall extend from a lot owned by a homeowner’s association and the lot shall be at least 60 feet wide at the road, 80 feet wide at the shoreline, and not less than 20 feet wide at any point.

   (2)   The president of the homeowner’s association shall file with the Office of Planning and Zoning a signed and dated statement that the executive board of the association or the association as a whole has taken official action to approve the pier.

   (3)   The pier shall be located at least 15 feet from the lot lines extended and at least 50 feet from any existing pier or piling.

   (4)   The pier and the landward walk leading to the pier shall be at least six feet wide.

   (5)   Any walk structure or impervious walk shall be located at least 15 feet from any side lot line and may not unduly obstruct, increase, or redirect the natural flow of water.

   (6)   Signs shall be installed on both sides at each end of the pier oriented toward the water indicating that the docking of boats, either permanently or temporarily, is prohibited.

   (7)   The pier may have no detached piling, buoy, or other device for the mooring of boats.

   (8)   Boarding ladders shall be located along the sides of a pier and along each bulkhead where the water depth at the bulkhead exceeds four feet in depth at mean high water. Ladders along piers shall be 100 feet apart on each side of the pier and staggered so that the ladders alternate sides every 50 feet. Ladders along bulkheads shall be placed no more than 50 feet apart.

   (9)   United States Coast Guard approved personal flotation devices shall be located along each pier or bulkhead at intervals not exceeding 100 feet.

(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A processing facility for clay, sand, gravel, or similar materials shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least 30 acres.

   (2)   All stationary equipment and stockpiles shall be located at least 1,000 feet from any residentially zoned property or from an existing dwelling other than a dwelling located at the facility and at least 300 feet from any road other than internal roadways used exclusively for operations.

   (3)   The facility shall have operational weight scales.

(Bill No. 4-05; Bill No. 78-05; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A produce market shall comply with all of the following requirements.

   (1)   The produce market shall be located on a lot of at least two acres.

   (2)   The produce market shall be located on a lot that accesses a minor arterial or higher road.

   (3)   Structures shall be set back at least 25 feet from the front property line.

   (4)   Adequate off-street parking is provided such that sight distance is not affected by traffic and shall comply with § 18-3-104.

   (5)   Signs for the produce market may not exceed 20 square feet in area and a height of four feet.

   (6)   A produce market may sell produce and other agricultural and horticultural products.

   (7)   Accessory retail items incidental to sales of produce and agricultural or horticultural goods, and outside storage of retail items, may not occupy more than 20% of the lot.

   (8)   The outside storage area must be set back 25 feet from all lot lines and screened from all road rights of way and adjacent properties by an opaque screen, whether a fence or wall, not to exceed six feet in height, or berm, and shall have landscape planting that obscures all storage areas year round. The stored items may not extend above the height of the screening and shall be in a side or rear yard.

   (9)   A site plan has been approved by the Office of Planning and Zoning.

(Bill No. 2-09; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A race track for horses shall comply with all of the following requirements.

   (1)   Parking and principal uses, including the grandstand, clubhouse, and track, shall be located at least 60 feet from all lot lines.

   (2)   Accessory uses, including dormitories, locker rooms, stables, utility structures, and manure storage areas, shall be located at least 20 feet from all lot lines. Accessory uses abutting residentially zoned property shall be located at least 60 feet from the residential lot line.

   (3)   The principal vehicular access shall be located on an arterial or a collector road within one-quarter mile of a freeway or arterial road and may not be located on a freeway or a local road.

   (4)   The facility may not draw traffic through local roads in residential areas.

   (5)   Parking lots for general public use may not be located in a required setback or less than 50 feet from any lot line.

   (6)   The facility may include the uses set forth in § 18-5-102 for a C3 district.

(Bill No. 4-05; Bill No. 78-05; Bill No. 92-05; Bill No. 2-09; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

Active recreational uses shall comply with all of the following requirements.

   (1)   No more than 25 % of the forested area on a lot may be cleared for the uses.

   (2)   The site shall be reforested at a ratio of one and one-half acres planted for every acre cleared.

   (3)   In addition to the planting requirements of subsection (2), for every acre of playgrounds, playing fields, tennis courts, basketball courts, or swimming pools created, one-half of an acre shall be afforested or reforested and placed in a protective easement.

   (4)   The uses shall be set back at least 100 feet from any dwelling and 50 feet from all lot lines.

   (5)   The uses shall be set back at least 200 feet from any stream, river, or waterway.

   (6)   The uses shall be subject to an approved soil conservation and water quality plan.

   (7)   Vehicular access to the property shall be located on a collector road or a road of a higher classification.

(Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A restaurant, tavern, retail sales facility, or consumer services facility in a multifamily structure shall comply with all of the following requirements.

   (1)   The facility shall be primarily for the purpose of serving residents in the multifamily structure.

   (2)   The facility may not exceed 2% of the total floor area of the structure.

   (3)   The facility may not be on the same floor as a dwelling unit.

   (4)   The facility shall have access from areas that do not serve as common residential recreational or access ways.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

The retail sale of liquefied petroleum gases accessory to and on the same lot as an allowed use shall comply with all of the following requirements.

   (1)   In a C1 district, the sale of liquefied petroleum gases may be made only by the purchase of full containers or by the exchange of empty containers for full containers, the containers may not be filled onsite, and no liquefied petroleum gases may be stored on the lot other than in the containers available for purchase or exchange.

   (2)   In commercial districts other than a C1 district:

      (i)   the facility shall be located on a lot of at least 20,000 square feet;

      (ii)   only one storage tank is allowed and the capacity of the tank may not have a water capacity of more than 2,000 gallons;

      (iii)   the storage tank shall be at least 25 feet from all lot lines, 25 feet from any inhabitable structure if the tank has a water capacity of more than 500 gallons, and 10 feet from any inhabitable structure if the tank has a water capacity of less than 500 gallons;

      (iv)   steel or iron poles at least four inches in diameter and four feet above the ground shall be set in and filled with concrete not more than three feet apart around the perimeter of the tank at a distance from the tank equal to the height of the poles plus six inches;

      (v)   a chain link fence at least six feet high shall be provided with an access gate at both ends of the tank; and

      (vi)   an emergency telephone number for the gas company servicing the tank shall be posted in plain view on the tank site and in the onsite offices where the tank is located.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

The owner of a rooming house may not own two facilities that adjoin each other and, if a proposed adjoining facility is owned by a business entity, the owner, the owner’s family, and the owner’s business associates may not have any interest, financial or otherwise, in the business entity.

(Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A school bus facility shall comply with all of the following requirements.

   (1)   In C3 zoning districts, the facility shall be located on a lot or contiguous lots that total at least one acre.

   (2)   Outside storage of school buses shall be limited to the maximum coverage allowed in the zoning district in which the facility is located.

   (3)   Outside storage areas for school buses shall be screened from neighboring residentially zoned properties in accordance with the County Landscape Manual.

   (4)   Each building used for the indoor storage of school buses shall be located at least 100 feet from any residentially zoned property.

   (5)   Activities and operations shall be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions.

   (6)   Space on the site shall be adequate so that school buses are not stopped or parked on a road right-of-way.

   (7)   Minor repairs to vehicles or equipment are allowed indoors or outdoors. Any outside repairs performed in the C1 or C2 zoning districts shall be no less than 200 feet from all existing, occupied residential structures.

   (8)   Body work, engine rebuilding, engine reconditioning, painting, and similar activities are allowed indoors only. Structures where these activities are performed in the C1 or C2 zoning districts shall be located no less than 100 feet from all residentially zoned properties.

   (9)   Structures and uses, such as gas storage tanks, gas pumps, charter buses, and employee waiting areas, shall be accessory to the facility and may not be the principal use.

   (10)   Vehicular access in C3 zoning districts shall be from an arterial road or from a local or higher classification road that directly accesses an arterial road.

   (11)   In C1 and C2 zoning districts, the facility shall be located on a lot or contiguous lots that total at least five (5) acres and shall adjoin an arterial road.

   (12)   Vehicular access in C1 and C2 zoning districts shall be by direct connection to an arterial road.

(Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 97-24; Bill No. 13-25)

A private academic school or a public charter school with less than 125 onsite parking spaces shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least three acres.

   (2)   Each structure shall be located at least 100 feet from a lot line in an RA district and at least 40 feet from a lot line in other residential districts.

   (3)   Structures and onsite parking shall cover no more than 60% of the lot.

   (4)   Access in an RA district shall be provided directly from an arterial road.

   (5)   A facility located in an RA district shall be located on a road other than a scenic or historic rural road.

(Bill No. 4-05; Bill No. 54-05; Bill No. 78-05; Bill No. 4-06; Bill No. 21-06; Bill No. 2-09; Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A private academic school or a public charter school with 125 or more onsite parking spaces shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least three acres.

   (2)   Each structure shall be located at least 100 feet from a lot line in an RA district and at least 40 feet from a lot line in other residential districts.

   (3)   Structures and onsite parking shall cover no more than 60% of the lot.

   (4)   Access in an RA district shall be provided directly from an arterial road.

(Bill No. 4-05; Bill No. 54-05; Bill No. 78-05; Bill No. 2-09; Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A self-service storage facility shall comply with all of the following requirements.

   (1)   In an MXD-E district, the facility shall be located on a lot of at least one acre. In all other districts, the facility shall be located on a lot of at least two acres.

   (2)   Storage and a residence for a caretaker or resident manager shall be the only activities conducted at the facility.

   (3)   Outside storage shall be located and secured at the rear of the lot.

   (4)   Access shall be provided as follows:

      (i)   each one-way interior driveway shall have a travel lane at least 15 feet wide;

      (ii)   each two-way interior driveway shall have two travel lanes, each at least 12 feet wide; and

      (iii)   traffic direction and parking shall be designated by directional signs or pavement painting.

   (5)   (i)   Except as provided in subparagraph (ii), in a W1 district, self-service storage facilities shall be within an enclosed central structure and conform to the design standards of the Industrial Park District in which it is located.

      (ii)   In a W1 district, a self-service storage facility located on a principal arterial road may allow the outside storage of vehicles, at the side or the rear of the lot, as an accessory use and with screening that complies with the Landscape Manual.

   (6)   In an MXD district, self-service storage facilities shall be within an enclosed central structure.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 15-12; Bill No. 8-15; Bill No. 21-15; Bill No. 44-15; Bill No. 96-15; Bill No. 74-16; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 30-18; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 2-24; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

   (a)   In this section the following words have the meanings indicated.

      (1)   “Antenna” means an apparatus designed to emit radio frequency radiation and operate from a fixed location to provide wireless services, and includes materials used for arranging, screening, and camouflaging antenna equipment.

      (2)   “Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna and located at the same fixed location as the antenna.

      (3)   “Applicable standards” means engineering and safety standards, including building, fire, safety, electrical, plumbing, and mechanical codes that regulate or otherwise affect the installation, maintenance, and operation of the systems authorized or affected by this section, and includes the regulations of the Federal Communications Commission and the Occupational Safety and Health Administration.

      (4)   “Collocate” means to install or mount a system on a pole.

      (5)   (i)“Make-ready work” means work that the County reasonably determines to be required to accommodate the installation of a system and to comply with all applicable standards;

         (ii)   “Make-ready work” includes repair, rearrangement, replacement, and construction of a pole; inspections; engineering work and certification; permitting work; tree trimming other than trimming performed for normal maintenance purposes; site preparation; and electrical power configuration; and

         (iii)   “Make-ready work” does not include routine maintenance.

      (6)   “Pole” means a pole or similar structure that is used or is capable of being used wholly or partly for the collocation of a system.

      (7)   “Preconstruction survey” means all work or operations required to determine the make-ready work necessary to accommodate a wireless provider’s facilities, including field inspection and administrative processing.

      (8)   “Wireless provider’s facility” means all appurtenances or tangible things related to a small cell system owned, leased, operated, or licensed by a utility or wireless provider that are or are proposed to be located in a County right-of-way.

   (b)   A small cell system on private property shall comply with all of the following requirements.

      (1)   The developer of a system shall:

         (i)   give notice, by certified mail, return receipt requested, not more than 60 days before filing an application for a building permit, to all owners of property located with a lot line within 250 feet of the proposed system, as listed on the tax rolls of the County, including the State, the County, and the Board of Education; and

         (ii)   file with the application for a building permit a list of the names and addresses of all property owners who were notified; a copy of the notice that was sent; copies of all return receipts; copies of the envelopes of any notices that were returned as undelivered; and an affidavit that notice was given as required.

      (2)   (i)   The developer of a system shall obtain required approvals, including franchises and permits, before:

            1.   the initial installation or collocation of a system;

            2.   the installation of a pole; or

            3.   the modification of a system or a pole.

         (ii)   As part of the application process, the developer of a system shall provide:

            1.   detailed plans describing the installation, collocation, modification, or attachment, including any certifications that may be required;

            2.   a preconstruction survey;

            3.   a description of any necessary make-ready work being performed by the developer;

            4.   a proposed schedule for completion, certified by a licensed professional engineer; and

            5.   any other information required by the County that will allow the County to properly evaluate:

               A.   the safety of the installation, collocation, modification, or attachment; and

               B.   the compatibility of the installation in the neighborhood in which the installation is to be located, as set forth in the aesthetic standards promulgated by the County, which will include screening, spacing, height, and design of system and poles, and underground installation of wiring.

         (iii)   Developer of a system may file a consolidated application for wireless provider’s facilities to be collocated within the County pursuant to guidelines established by the County.

         (iv)   A system shall be fully operational within 180 days after the date the last or final permit is issued, unless, due to circumstances outside of the control of the developer, the County and the developer of the system agree to extend the period. If not, the County may cancel the approval of the system and require the removal of the system by the developer of the system at the wireless provider’s sole expense and in a reasonable time specified by the County.

      (3)   The developer of a system shall provide a certification from a registered engineer that the system, including any pole, will meet the applicable design standards of Article 15 of this Code for wind loads.

      (4)   The developer of a system and each applicant for a zoning certificate of use shall submit a certification from a consultant acceptable to the Information Technology Officer that the system or the use of the facility will not degrade or interfere with the County’s public safety communication systems.

      (5)   Within 30 days after the issuance of a zoning certificate of use for a system and by September 1 of each year thereafter, the holder of the certificate of use shall submit a certification from an engineer that the radio frequency radiation from the facility meets the applicable Federal Communications Commission standards and guidelines for those emissions and shall include all data in support of the certification. If at any time the owner or a user of the system cannot provide the certification required by this subsection for any system, the system shall be disabled by the owner or user until such time as the owner or user can provide the required certification, and any certificate of use may be revoked. Before the system may be re-enabled or the certificate of use reissued, the owner or user shall submit a certification from an engineer acceptable to the County that the engineer has visited and inspected the system and that the radio frequency radiation from the facility meets the applicable Federal Communications Commission standards and guidelines for those emissions.

      (6)   The owner or user of a system shall submit copies of all notifications from or to the Federal Communications Commission and reporting to the Federal Communications Commission for any system.

      (7)   A system, including any pole and accessory structures, shall be of a color and design that is compatible with the neighborhood in which the system is installed. A system to be constructed within sight of a property listed on the National Register of Historic Places shall mitigate any adverse visual

impact of the system in the manner determined by the Office of Planning and Zoning. Advertising on a system is prohibited.

      (8)   A system may be located on the rooftop of an existing nonresidential structure or of multifamily dwellings with more than 10 units, but the system may not extend above the existing roof height by more than 15 feet.

      (9)   A system attached to a transmission line pole or tower may not laterally project more than 15 feet beyond the cross arms or other support extensions affixed to the pole or tower and may not project above the top of the pole or tower by more than 15 feet if the pole or tower will support one provider or 25 feet if the pole or tower will support more than one provider. The pole or tower, including all 130A projections, may not exceed 199 feet in height. All accessory structures shall be underneath the transmission line within the drip line of the outermost lines or be located from the edge of the transmission line right-of-way by a distance equal to at least the minimum setback required for accessory structures in the zoning district in which the facility is located.

      (10)   A system that ceases operation for a period of 12 consecutive months shall be considered as terminated and shall be removed within 90 days of termination at the system owner’s expense.

(Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

   (a)   Requirements. A small wind energy system or meteorological tower shall comply with all of the following requirements.

      (1)   The small wind energy system or meteorological tower shall be located on a lot of three acres or more, except that in a RLD, R1, R2 or R5 zone a small wind energy system or meteorological tower may not exceed one system for each three acres of land.

      (2)   The wind turbine or meteorological tower shall be located at a distance of at least 1.1 times the height of the tower from any property line, non-participating structure, public road or right-of-way, or communication lines or structures, and provide for a minimum setback of 20 feet from any lot line for guy cables or tower supports.

      (3)   Roof-mounted turbines are permitted. All components of a roof-mounted turbine shall meet required setbacks for the principal structure on which it is located. Roof-mounted turbines may not be mounted on an attached or multi-family dwelling.

      (4)   The height of a wind turbine or meteorological tower may not exceed a height of 150 feet. The height of a roof-mounted turbine may not project more than 35 feet from the roof surface. Total height for a small wind energy system mounted on a wind tower is the vertical distance from the ground level to the tip of a wind generator blade when the tip is at its highest point. For a small wind energy system mounted on a building, total height is the vertical distance from the top of the roof or parapet, to the tip of a wind generator blade when the tip is at its highest point.

      (5)   The wind turbine or meteorological tower shall have a minimum blade ground clearance of 15 feet.

      (6)   The tower shall be designed and installed so as to not allow step bolts or ladder accessibility for a minimum height of 12 feet.

      (7)   The wind turbine or meteorological tower and its mounting structure shall be painted a non-reflective, non-obtrusive color that conforms to the environment and architecture of the community.

      (8)   The wind turbine or meteorological tower shall not be artificially lighted, except to the extent required by the Federal Aviation Administration.

      (9)   The small wind energy system or meteorological tower shall comply with all applicable construction codes and electrical codes and be installed in accordance with manufacturer plans and certifications.

      (10)   The wind turbine shall not generate noise in excess of the levels permitted for the zone under Code of Maryland Regulations 26.02.03.02B, 26.02.03.02C, and 26.02.03.02D.

      (11)   The capacity of a small wind energy system may not exceed 25 kw on a property located in an RLD, R1, R2, or R5 zone and 100 kw in all other zones. Energy produced by the small wind energy system shall be for the sole use of the property owner, however, energy output from the system may be delivered to a power grid to offset the cost of energy on site.

      (12)   Wind turbines must be approved under a small wind certification program recognized by the Maryland Energy Administration.

      (13)   All signs are prohibited except for manufacturer or installer identification signs and warning signs or placards.

      (14)   Meteorological towers shall be permitted under the conditions of this section for a period not to exceed one year.

      (15)   The small wind energy system or meteorological tower may not adversely effect an historic site, archaeological resource, or cemetery listed on the County inventory. The placement of a wind turbine within sight of an historic resource listed on the inventory shall mitigate any adverse visual impact of the turbine in a manner determined by the Office of Planning and Zoning. If a wind turbine is to be attached to the roof of an historic structure listed on the inventory, the method of attachment must be approved by the Office of Planning and Zoning. Approval of a rooftop wind turbine shall require installation on a secondary facade, minimal impact to historic materials, and be a reversible modification. Wind turbines may not be mounted on rooftops of highly significant properties, including those listed on the National Register of Historic Places.

      (16)   A small wind energy system or meteorological tower located within the BWI Marshall Airport Four-Mile District shall comply with all height and permitting requirements of the Maryland Aviation Administration.

   (b)   Removal of defective system. Any small wind energy system or meteorological tower that is cited by administrative order of the Department of Inspections and Permits shall be repaired by the property owner to meet federal, State and local code requirements, or be removed, within six months of the date of the administrative order. If the property owner fails to repair or remove the system as required and the system remains non-operational for more than six months, the County may pursue an action for removal of the system at the property owner’s expense.

   (c)   Variances. A variance may not be granted for the requirements specified in subsection (a).

(Bill No. 39-10; Bill No. 15-12; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A solar energy generating facility – community shall comply with all of the following requirements.

   (1)   The developer shall comply with the County Landscape Manual, and the solar facility, including all equipment and solar panels, shall be enclosed by a fence no less than seven feet in height. In the event of a conflict between the Landscape Manual and § 17-6-504 of the Code, the provisions of § 17-6-504 of the Code shall control.

   (2)   The developer of a solar facility located on a scenic or historic road shall provide a viewshed analysis. The solar facility may not have an adverse impact on the scenic or historic viewshed. in this subsection, “adverse impact” means any development that directly or indirectly would alter the road’s environmental or historic setting, its visual and physical characteristics, or would diminish the integrity of the scenic or historic road.

   (3)   The developer shall comply with the provisions of the County Forest Conservation Act, Article 17, Title 6, Subtitle 3 of this Code, regardless of any state waiver or reduction of State forest conservation requirements for solar energy systems. Mitigation for tree removal shall be at the ratio of 3-to-1.

   (4)   A solar facility may not be located on or within the viewshed of a property listed on the County Inventory of Historic Resources.

   (5)   Except as required for safety or by applicable Federal, State, or local authority, no visible light shall emanate from the solar facility from dusk to dawn.

   (6)   Lot coverage may not exceed 80% of the net area of the site. Lot coverage shall be calculated as the total surface area of all solar panels, plus all impervious surfaces of any supporting or associated equipment, including support structures. Surface area of a solar panel shall be calculated based on the drip line around the perimeter of a panel at minimum tilt. Impervious surface shall be calculated as the area of the foundation or base of any component of the solar facility, including individual solar panels.

   (7)   A decommissioning plan shall be submitted to the Office of Planning and Zoning for approval. The plan shall include a requirement for a grading permit or standard grading plan and that all on-site equipment associated with the solar facility shall be removed within 12 months of cessation of operations. Decommissioning security in accordance with § 17-6-702 of this Code and equal to 125% of the decommissioning costs shall be posted prior to commencement of the use.

   (8)   The County shall review the amount of the security every five years and may require additional security or reduce the amount of the posted security if it determines, in its sole discretion, that the posted security no longer equals 125% of the decommissioning costs.

   (9)   A solar facility is presumed to cease operations if no power is generated by the system for a period of 12 consecutive months. The owner of the solar facility shall have 12 months after cessation of operations to dismantle and remove the solar facility. If the owner fails to dismantle or remove the solar facility as required, the County may complete the removal at the owner’s expense, and shall retain all or any part of the decommissioning security which shall become the property of the County. Any additional expense incurred by the County, or any expenses incurred for the removal of a rooftop-mounted solar facility, shall be collected pursuant to § 1-8-101 of the Code.

   (10)   Facilities proposed for location on properties owned or leased by the County, sanitary landfills, or reclamation areas are exempt from the requirements in subsection (6).

   (11)   Rooftop-mounted only facilities are not subject to the requirements of subsections (1), (3), (6), (7), and (8).

   (12)   A variance may not be granted for the requirements specified in this section.

   (13)   A facility that requires a Certificate of Public Convenience and Necessity from the State Public Service Commission is not required to comply with this section, but the conditions in this section may be the basis of any recommendation to the Public Service Commission in accordance with § 7-207 of the Public Utilities Article of the State Code.

(Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 53-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

   (a)   Requirements. A solar energy generating facility – utility scale shall comply with all requirements of § 18-10-164 for a solar energy generating facility – community.

   (b)   Variance. A variance may not be granted for the requirements specified in this section.

(Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A stable or riding club shall comply with all of the following requirements.

   (1)   A facility with up to two horses shall be located on a lot of at least two acres, plus 20,000 square feet for each horse in excess of two horses.

   (2)   A structure enclosing a horse shall be located at least 50 feet from any nonresidential lot line and 50 feet from any residentially zoned property line.

   (3)   All manure shall be stored at least 50 feet from any lot line.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 39-10; Bill No. 15-12; Bill No. 68-13; Bill No. 8-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 88-18; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A state-licensed medical clinic shall comply with all of the following requirements:

   (1)   The facility may not be located within 1,000 feet of a dwelling or school, or within one mile of another State-licensed medical clinic, a plasma center, a licensed dispensary of cannabis, or a transitional housing facility.

   (2)   Vehicular access shall be located on an arterial road or higher classification.

   (3)   Access to the facility from the road shall be provided and the facility may not draw vehicular traffic through local roads in surrounding residential areas.

   (4)   The clinic shall conspicuously post “no loitering” signs in all parking areas.

   (5)   A variance may not be granted for the requirements specified in this section.

(Bill No. 14-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 74-18; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 56-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A covered facility for the dry storage of watercraft shall comply with all of the following requirements.

   (1)   The combined base area of all covered dry storage structures may not exceed:

      (i)   10,000 square feet for a one-acre lot;

      (ii)   for a lot larger than one acre, 10,000 square feet plus 1,000 square feet for each acre by which the lot exceeds one acre;

   (2)   The facility shall be located at least 25 feet from each side lot line.

   (3)   The Office of Planning and Zoning shall designate the location of the facility in accordance with the criteria set forth in § 18-2-403.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 39-10; Bill No. 15-12; Bill No. 68-13; Bill No. 8-15; Bill No. 14-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

Outside and dry storage of watercraft shall be limited to non-motorized watercraft except for one motorized watercraft not exceeding 12 feet in length.

(Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

A multilevel watercraft storage rack shall comply with all of the following requirements.

   (1)   The facility shall be located on a lot of at least 1.5 acres above mean high water.

   (2)   The facility shall be located at least 25 feet from each side lot line.

   (3)   The coverage of the facility may not exceed the combined total floor area of all covered dry storage structures.

   (4)   The Office of Planning and Zoning shall designate the location of the facility in accordance with the criteria set forth in § 18-2-403.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 39-10; Bill No. 15-12; Bill No. 68-13; Bill No. 8-15; Bill No. 14-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

Permanent structures accessory to active recreational uses shall comply with all of the following requirements.

   (1)   No more than 25 % of the forested area on a lot may be cleared for the uses.

   (2)   The site shall be reforested at a ratio of one and one-half acres planted for every acre cleared.

   (3)   The uses shall be set back at least 100 feet from any dwelling and 50 feet from all lot lines.

   (4)   The uses shall be set back at least 200 feet from any stream, river, or waterway.

   (5)   The uses shall be subject to an approved soil conservation and water quality plan.

   (6)   Vehicular access to the property shall be located on a collector road or a road of a higher classification.

(Bill No. 15-12; Bill No. 68-13; Bill No. 8-15; Bill No. 14-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 13-25)

   A large animal veterinarian clinic shall comply with all of the following requirements:

   (1)   The facility may be located on the same lot as a single-family detached dwelling or a farm tenant house;

   (2)   The facility shall be located on a lot of at least five acres;

   (3)   Overnight boarding of horses or livestock are not permitted, except as required for medical treatment or as permitted under § 105.2.1.14.1 of the Construction Code;

   (4)   The facility structure shall be set back at least 50 feet from property lines;

   (5)   The facility may include an attached apartment dwelling for use by a resident affiliated with the veterinarian clinic; and

   (6)   The facility shall be operated by at least one licensed diplomate of the American College of Veterinary Surgeons.

(Bill No. 29-25)

      (1)   The facility shall comply with the locational requirements imposed by Article XIX, § 1(c)(3)(i) of the Constitution of Maryland.

      (2)   The facility shall be located on a lot of at least 50 acres in a W1 – Industrial Park District or a regional commercial complex and shall be accessible to an arterial or higher classification road.

      (3)   The facility shall comply with all applicable bulk regulations for the zoning district in which the facility is located.

      (4)   The facility shall comply with a transportation management plan that is approved by the Office of Planning and Zoning.

      (5)   The facility shall comply with a traffic study that assesses the impacts of new traffic generated by the proposed use on major roads and intersections as required by Article 17 and that is approved by the Office of Planning and Zoning.

      (6)   The facility shall conform to an approved site development plan in accordance with the requirements of Article 17.

      (7)   The facility shall conform to approved plans for off-street parking that show all designated parking areas, including handicapped spaces, bus parking, loading, and delivery areas.

      (8)   The facility shall include lighting that illuminates all parking areas and walkways and is focused so as to prevent glare upon surrounding areas.

      (9)   The facility shall provide 24-hour security for the facility and adjacent parking areas, separate from security provided by other commercial or industrial establishments in the vicinity of the facility.

      (10)   The facility shall comply with a written plan approved by the Planning and Zoning Officer to control loitering and conspicuously post “no loitering” signs in all parking areas.

      (11)   The facility, including adjacent parking areas, shall be cleared of litter and refuse daily.

      (12)   The facility shall ensure that noise from the facility does not exceed a daytime level of 67 dba or a nighttime level of 62 dba at the lot lines.

      (13)   The facility shall be licensed by the State and subject to State regulation and enforcement.

(Bill No. 82-09; Bill No. 15-12; Bill No. 68-13; Bill No. 8-15; Bill No. 14-15; Bill No. 44-15; Bill No. 96-15; Bill No. 28-16; Bill No. 30-16; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 47-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 29-25)

   A waterman’s home commercial use shall comply with all of the following requirements.

      (1)   The operator of the use shall be a resident of the lot on which the use is located.

      (2)   The resident waterman shall have a current commercial fishing license.

      (3)   No more than two nonresidents of the lot may be employed in the use.

      (4)   Any use of the dwelling shall be clearly incidental and secondary to the use of the structure as a dwelling unit and may not change the character of the dwelling unit.

      (5)   All waterman’s equipment, including gear, shedding boxes, and crab pots, shall be owned by a resident of the lot.

      (6)   There may not be any storage of waterman’s equipment on the pier out of season except while loading or unloading work boats that are in wet storage at the property.

      (7)   All waterman’s gear shall be located in an enclosed structure or stored outside in accordance with the requirements of this title and screened from adjacent property lines.

      (8)   Outside storage of shedding boxes shall be located in a rear or side yard and screened from adjacent lot lines.

      (9)   Crab pots that are stored outside shall be located in a rear or side yard, be screened from adjacent lot lines, and be clean and free of any attached bait. Stacks of crab pots shall be limited to a height of eight feet. The location of crab pot storage may not adversely affect the waterview of dwellings on adjoining waterfront lots.

      (10)   The onsite sale of seafood harvested by a resident is allowed by the resident only during the hours of 9:00 a.m. to 6:00 p.m. Monday through Saturday and 9:00 a.m. to 4:00 p.m. Sunday.

(Bill No. 4-05; Bill No. 78-05; Bill No. 2-09; Bill No. 82-09; Bill No. 39-10; Bill No. 15-12; Bill No. 68-13; Bill No. 8-15; Bill No. 14-15; Bill No. 44-15; Bill No. 96-15; Bill No. 75-16; Bill No. 83-16; Bill No. 17-17; Bill No. 67-17; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 47-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 5-25; Bill No. 29-25)

   Wholesale trade, warehousing, and storage establishments in the BWI/Fort Meade Growth Area shall comply with all of the following requirements.

      (1)   The facility shall be located on a lot or contiguous lots that total at least 25 acres.

      (2)   The facility shall comply with all applicable bulk regulations for the zoning district in which the facility is located, except that the bulk regulations contained in the following chart shall be met:

 

 

      (3)   A variance may not be granted that reduces the minimum setback requirements specified in subsection (2).

      (4)   The lot or lots on which the facility is located may not include residential dwelling units.

      (5)   Outside storage is permitted as an accessory use, provided no more than 15% of the total allowed lot coverage is used for outside storage.

      (6)   The lot or lots comprising the facility shall be located in the BWI/Fort Meade Growth Area, as shown on the official map adopted by the County Council entitled “BWI/Fort Meade Growth Area, 2016”.

(Bill No. 84-17; Bill No. 89-18; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 47-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 3-24; Bill No. 81-24; Bill No. 29-25)

   Workforce housing shall comply with all of the following requirements.

      (1)   The project shall consist of dwelling units of any type or mixture and requirements applicable to dwellings in commercial and mixed use zoning districts do not apply.

      (2)   The property shall be encumbered by recorded deed restrictions that require:

         (i)   the units be restricted to occupancy by eligible households under this section for at least 10 years for home ownership units and at least 30 years for rental units, except that the deed restriction may be 15 years for “lease to purchase” rental units;

         (ii)   1.   Except as provided in item 2:

               A.   at least 40% of home ownership units be occupied by a household with an income that does not exceed 100% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development; and

               B.   at least 60% of rental units be occupied by a household with an income that does not exceed 60% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development;

            2.   For workforce housing located in an R5 or R10 zoning district that does not have direct vehicular access to a collector or higher classification road:

               A.   at least 25% of home ownership units be occupied by a household with an income that does not exceed 100% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development; and

               B.   at least 25% of rental units be occupied by a household with an income that does not exceed 60% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development;

         (iii)   the initial transfer of a home ownership unit to the original buyer of that unit shall be accompanied by a certification from Anne Arundel County or its designee that the buyer’s household income does not exceed the maximum allowed for that unit; and

         (iv)   if the original buyer of a home ownership unit transfers title to that unit within 10 years, the transfer shall be accompanied by a certification from Anne Arundel County or its designee that the transferee’s household income does not exceed the maximum allowed for that unit.

      (3)   (i)   Except as otherwise provided in this paragraph, maximum density shall be 22 dwelling units per acre.

         (ii)   For workforce housing in an R5 zoning district that does not have direct vehicular access to a collector or higher classification road, the maximum density shall be 10 dwelling units per acre.

         (iii)   For workforce housing in an R10 zoning district that does not have direct vehicular access to a collector or higher classification road, the maximum density shall be 15 dwelling units per acre.

      (4)   (i)   Except as provided in subparagraph (ii), maximum coverage by structures and parking may not exceed 65% of the gross area of the lot.

         (ii)   In R15, commercial, and industrial zoning districts, maximum coverage by structures and parking may not exceed 80% of the gross area of the lot.

      (5)   (i)   For multifamily dwellings, setbacks and height requirements shall be governed by the bulk regulations for R22 zoning districts.

         (ii)   For townhouses, setbacks and height requirements shall be governed by § 18-10-128.

         (iii)   For all other dwelling types, setbacks and height requirements shall be governed by the bulk regulations applicable under this Code.

      (6)   Workforce housing shall be served by public water and sewer.

      (7)   Direct vehicular access shall be located on a collector or higher classification road, except for workforce housing in an R5 or R10 district that meets the conditions in this section for workforce housing that does not have direct vehicular access to a collector or higher classification road.

      (8)   The initial allowable maximum rental rates for rental units shall be established by the developer and approved by Anne Arundel County or its designee after obtaining and considering information and data dealing with current general market and economic conditions and the current minimum rental rates of privately produced market priced housing.

(Bill No. 54-19; Bill No. 76-19; Bill No. 16-20; Bill No. 68-20; Bill No. 69-20; Bill No. 90-20; Bill No. 2-21; Bill No. 47-21; Bill No. 103-21; Bill No. 104-21; Bill No. 81-22; Bill No. 15-23; Bill No. 62-23; Bill No. 77-23; Bill No. 83-23; Bill No. 3-24; Bill No. 19-24; Bill No. 81-24; Bill No. 20-25; Bill No. 29-25)