Dorchester County Unincorporated, MD Zoning Ordinance

General requirements.

No accessory structure shall be located in any required front yard, except for the following:

Fences and walls, subject to § 155-50A(4).

Signs.

Bus and mailbox shelters.

Pump houses less than three feet in height and 20 square feet in area.

Satellite dishes with a diameter of one meter or less.

Unless otherwise specified in this chapter, accessory structures and buildings may be placed or erected within a required rear or side yard but shall be no closer than six feet from any side or rear lot line.

When an accessory structure is attached to a principal structure, it then becomes a part of that structure and must comply with the setback requirements for a principal structure in that zoning district. The following types of attachments constitute a connection: deck, roofline, porch, etc. Attachments which are cosmetic such as fence, trellis, sidewalk or patio are not considered an attachment.

[Amended 6-13-2000 by Ord. No. 278]

Size of residential accessory structures.

[Amended 1-9-2001 by Ord. No. 291; 8-21-2001 by Ord. No. 297; 3-5-2024 by Bill No. 2024-3]

Residential accessory structures, excluding swimming pools, shall adhere to the following size limitations in the following districts:

SR, SR-RCA, RR, RR-RCA, RR-C, AC, AC-RCA, RC and RC-RCA Zoning Districts: No residential accessory structure or sum total of residential accessory structures shall exceed the building footprint of the principal residential structure as set forth in the following table:

Lot Size (acres)	Allowable Square Footage of Accessory Structure
Up to 1.99	Not to exceed 200% of the building footprint of the principal residential structure
2 to 4.99	Not to exceed 300% of the building footprint of the principal residential structure
5 and above	Not to exceed 500% of the building footprint of the principal residential structure

Any accessory structure exceeding 300% of the building footprint of the principal residential structure shall require a special exception by the Board of Appeals. Parcels that are part of a bona fide farming operation, as determined by the Director of Planning, shall be exempt from such requirement.

As used in this section, the term "residential accessory structure" is defined as any use or structure not attached by a common wall or by a common roof to the main residential structure and allowed in the residential or unclassified use category of the Table of Permitted Uses by Zoning District.[2]

Editor's Note: The Table of Permitted Uses by Zoning District is included at the end of this chapter.

Except as provided herein, accessory uses and structures are prohibited prior to the completion of the principal uses or structures. Accessory uses or structures shall be permitted on a lot upon issuance of a zoning permit if:

[Amended 9-24-2002 by Ord. No. 307; 6-1-2021 by Bill No. 2021-9]

Construction has begun on the principal structure to the point of putting in place footings and foundation members, provided that construction of the principal structure is diligently pursued;

The accessory structure is a shore protection device, pier, jetty or boat ramp or fence;

The accessory structure is 300 square feet or less in area and is used for storage of equipment related to the maintenance or use of the parcel;

The Board of Appeals finds, upon application, that the accessory use or structure meets the general, and specific, standards, if applicable, for granting a special exception.

Multiple lots in single ownership. When multiple, contiguous lots are in common ownership, if one or more lots is improved with a principal use or structure, an adjacent, unimproved lot may be improved with an accessory structure. However, the property owner must sign a covenant agreement not to transfer the lots or parcels separately and the agreement must be recorded in land records of Dorchester County before issuance of the permit; and further provided that the Director of Planning shall release this covenant as to any particular lot, if such transfer of the subject lot will, in all respects, comply with the Dorchester County Zoning Ordinance.

[Amended 12-19-2000 by Ord. No. 289]

Fences and walls.

Fences and walls do not require a building permit.

Fences and walls are not subject to setback requirements from public ways and adjoining lots, but they are subject to the traffic visibility requirements of § 155-47 of this chapter.

The maximum permitted height of fences and walls is as follows:

Location	B and I Districts (feet)	All other Districts (feet)
Front yard	6	3.5
Side or rear yard	8	6
Within 60 feet of shoreline	4	4

A secure fence at least four feet in height shall enclose any in-ground swimming pool located within 200 feet of any adjoining property line or public way.

Agricultural fencing (post and wire with open construction) used on a farm for containment of livestock or as pasturage is exempt from any height requirements.

[Added 6-13-2000 by Ord. No. 281]

Security fencing for communication towers and compound areas shall be a minimum of eight feet in height and shall not exceed 12 feet in height.

[Added 4-16-2002 by Ord. No. 304[3]]

Editor's Note: This ordinance also provided that it take effect 5-1-2001, and that all communication towers for which a building permit has been issued on or before this date shall be subject to the law and regulations existing prior to the adoption of this ordinance and shall not be subject to this new ordinance.

Adult entertainment centers.

The structure containing the center shall be at least 1,000 feet from the nearest property line of any residentially used or zoned property, church or similar place of worship, library, school, park, playground or similar use.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

Adult cabaret.

The structure containing the cabaret shall be at least 1,000 feet from the nearest property line of any residentially used property, church or similar place of worship, library, school, park, playground or similar use.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

Agricultural equipment storage. Salvageable agricultural equipment for noncommercial purposes may be stored as an accessory use to a permitted principal agricultural use. Such storage shall be consistent with the Maintenance of Property Ordinance of Dorchester County.[4]

Editor's Note: See Ch. 121, Property Maintenance.

Airfields.

No property line or public way shall be less than:

Fifty feet from each end of the runway for each 250 feet of runway length, but in no event less than 1,000 feet.

Two hundred feet on each side of the landing strip for each 1,000 feet of landing strip, but in no case less than 500 feet.

No dwelling unit shall be permitted within the area described by the above setbacks.

No airfield shall be located on a lot less than 100 acres in size.

Airstrips and heliports.

Intent. This section is especially intended to accommodate the landowner who intends to use the facility for his own personal and private aircraft or those of his invited guests and especially provides for aerial application for the benefit of agriculture and for the development of heliports which comply with the above requirements. It is impossible to determine the progress and use of aerial applications for agriculture, and the purpose of this section is to give broad authority to the Board of Appeals to encourage such operations.

Setbacks. No property line or public way shall be less than 200 feet from each end of the landing strip or 250 feet from the center line of the landing strip on each side.

Glide slope; landing strip.

The cleared area for a landing strip shall be no less than 300 feet wide.

The end of the landing strip shall be situated to provide a glide slope of at least 5° from the end of any such strip over the highest obstacle, such as trees, power lines, sign boards and a vertical distance equal to a fifty-foot obstruction in the center of any public roadway or highway. The Board of Appeals shall make provisions for periodic inspections of no less than once a year to assure that the glide slope remains clear of obstructions.

The Board of Appeals shall give careful attention to any building or probable building in the glide slope area or to either side of a proposed airstrip, it being the intention of this section that adjoining landowners shall not be restricted in the normal use of their land and property.

Other.

The Board of Appeals shall give careful consideration to the number of operations planned or predicted, the type of aircraft and equipment proposed to be used, the skill and qualifications of the pilots who will be using the facility and the stabilization and type of soil in the runway area.

The Board of Appeals shall have authority to grant use of the facility for a certain definite period of time, for certain definite seasons of the year, for certain definite hours of the day and for certain definite and restricted uses and operations.

The Board of Appeals shall have authority to authorize certain restricted uses, such as heliports, hot-air balloon operation, operations for aircraft commonly known as "stol-type," vertical takeoff and landing aircraft and other aircraft which may not now be in being but may become usable in the future.

Apartments and single-family attached units, including townhouses.

Minimum development size: one acre.

Maximum density.

Single-family attached: 8 units per acre.

Apartments: 15 units per acre.

When calculating density, parts of an acre shall be rounded down to the nearest quarter acre.

Lot size.

Apartment and other single-family attached: no minimum.

Townhouse:

Minimum lot width: 18 feet.

Minimum lot depth: 60 feet.

Structure setbacks: apartments and single-family attached units.

From roads:

From limited access, collector or local roads: See Density, Lot Size and Bulk Regulations Table.[5]

Editor's Note: Said table is located at the end of this chapter.

From internal access roads:

Front or side: 20 feet.

Rear: 40 feet.

From adjoining properties: 50 feet.

Between buildings:

Face to face: 30 feet.

Face or rear to side: 30 feet.

Side to side: 15 feet.

Rear to rear: 60 feet.

Rear to face: 100 feet.

Access roads. Apartments and single-family attached developments are considered to be multiple uses subject to the access requirements of § 155-48.

Open space. A minimum of 20% of the total area of an apartment or single-family attached development shall be in accessible open space. At least 50% of the open space shall be suitable for active recreation. Recreation open space shall wherever possible be consolidated into minimum areas of 10,000 square feet, suitably located in relation to the homes and contiguous with adjacent open space.

Architecture.

No more than eight and no less than three townhouses are permitted in a row.

The appearance of townhouses in a row shall be varied by changed front yard setbacks and or variation in materials or design so that no more than three abutting townhouses shall have the same front yard depth and the same or essentially the same architectural treatment of facades and roof lines.

Maintenance. The site plan or subdivision plat shall identify the person or entity having the right of ownership or control over open space and common areas. That person or entity shall be responsible for continuing upkeep and proper maintenance of such areas.

External lighting. Where more than one apartment building is constructed, external walkways and parking areas shall be paved and lighted in accordance with the provisions of Article XI of this chapter.

Critical area. Apartment and single-family attached units located in the Critical Area Protection District shall meet all the requirements of that district.

Aquaculture.

Setbacks.

All impoundments or structures used for aquaculture shall be located at least 200 feet from a public way or property line, except for water-dependent facilities permitted in the tidewater buffer.

In the AC, AC-RCA, RC and RR-C Districts the Director of Planning may reduce the setback required under Subsection H(1)(a) to 100 feet, provided that:

The impoundment or structure is at least 200 feet from any public way;

There are no existing dwellings on neighboring properties within 200 feet of the proposed impoundment or structure; and

All property owners whose property lines will be less than 200 feet from the impoundment or structure grant written notarized consent for the reduced setback.

Retail sales. In business and industrial districts retail sales are permitted.

Bed-and-breakfast homes.

An approved building permit or certificate of use from the Dorchester County Planning Office is required.

Parking.

Parking for guests shall be located to the rear of the site unless an alternate location will further the intent of these regulations.

Parking that is located within 20 feet of a property line shall be screened or adequately buffered from public roads and neighboring properties.

Man-made impervious surfaces shall be the same as the impervious surface restrictions cited in Article VII, § 155-38O.

When considering a site plan for a bed-and-breakfast home, in addition to the general standards for approving site plans, the Planning Commission shall be satisfied that the following shall be provided:

Adequate and safe public road access; and

Adequate screening and buffering.

Building or dwelling conversions. The conversion of a building into a dwelling or the conversion of a dwelling so as to accommodate a greater number of dwelling units or families shall be permitted only if a new building of similar construction would be allowed in the particular district in which the building proposed for conversion is located.

J.1.	Bus shelters. [Added 6-13-2000 by Ord. No. 274]
	(1)	The shelter shall not be located within a state or county right-of-way.
	(2)	The shelter shall not exceed one story height or 120 square feet in area.
	(3)	The location of the shelter must be approved by the local Board of Education and/or designee or public transportation authority.
	(4)	Permit for shelter is subject to renewal after five years.

Campgrounds.

The site shall contain at least 10 acres.

In no event shall any campsite be occupied as place of primary residence or domicile.

The maximum number of units permitted is 16 per net acre. The net acreage is determined by subtracting from the gross site acreage the required buffer and setback areas, existing and proposed impervious surfaces, sewerage reserve areas and any area dedicated for any other purpose.

Each campground shall provide facilities for sanitary and health purposes in accordance with Health Department requirements.

All campsites and other facilities shall be at least 200 feet from property lines. Adequate screening shall be provided between the campsites and property lines.

The minimum width of camp roads shall be 10 feet for one-way roads and 16 feet for two-way roads. Parallel parking lanes, if provided, require an additional eight feet. All roads shall be constructed of a durable surface to adequately serve and access all campsites. However, roads are not required to access the actual camping area of primitive campgrounds.

Garbage and trash collection shall be provided in such numbers and at such locations so as to provide convenient access for patrons and provide adequate ingress/egress in commercial campgrounds.

Off-street parking shall be provided in accordance with Article XI.

Each individual campsite in a commercial campground shall have at least 1,000 square feet to allow placement of the unit and area to park two vehicles. Primitive campgrounds shall be designed so that camping units shall not be located closer than 10 feet from any other camping unit.

Commercial facilities are permitted in commercial campgrounds and are intended primarily to serve the users of the campground. The commercial facilities permitted include: campground office, employee or operator living units, recreational facilities, convenience/grocery store, service buildings, rest rooms, dumping stations, showers, laundry facilities, storage units, gas and fuel sales and marinas. Commercial facilities are not allowed in primitive campgrounds.

All enlargements or extensions to existing campgrounds shall conform to these requirements.

Commercial shedding operations.

Setbacks. All devices or structures related to commercial shedding must meet the following setbacks:

AC, AC-RCA, B-1, B-2, RR and RR-RCA Districts: 100 feet from a property line or public way, except for water-dependent facilities permitted in the tidewater buffer.

RC and V Districts:

One hundred feet from limited access or major collector roads.

Fifty feet from all other roads.

Twenty-five feet from rear and side property lines.

Sixty feet from the shoreline, except for those water-dependent facilities permitted in the tidewater buffer.

I-1, I-2, RR-C, SR and SR-RCA Districts: 200 feet from a property line or public way, except for those water-dependent facilities permitted in the tidewater buffer.

On-premise sales. On-premise sales are permitted except in the RR-C, SR and SR-RCA Districts.

Communication antennas attached to existing buildings and structures.

Types of antennas. Types of antennas permitted under this category are limited to the following:

Omni-directional or whip antennas extending no more than 20 feet above the structure to which attached.

Panel antennas no more than 2 feet wide and 6.5 feet long extending no more than 20 feet above the structure to which attached.

Microwave dish antennas no more than eight feet in diameter.

Dish antennas mounted on a building must be located or screened so that they are not visible from public ways.

Antennas shall be gray or a color that minimizes visibility and consistent with FCC or FAA regulations.

Communication equipment buildings. Communication equipment buildings are subject to the following requirements:

Maximum floor area: 600 feet.

Maximum height: 12 feet.

Ground level buildings must be screened by landscaping or fencing.

Equipment buildings on roofs must have a similar finish to the exterior building walls, so that the equipment building looks like the main building.

No lights or signals are permitted unless required by the FCC or the FAA.

Communication towers.

[Amended 6-13-2000 by Ord. No. 277; 4-16-2002 by Ord. No. 304[6]]

Communication towers permitted as a permitted principal use. Where permitted as a permitted principal use, communication towers shall meet the following requirements:

Height limit.

Home television towers serving single-family dwelling units or towers owned and/or operated by private businesses for uses other than the provision of communication services to the public: 65 feet.

All other towers: 600 feet. The Board may not grant a variance to this.

Setbacks.

From public ways, adjoining lots containing dwellings, or any lot zoned other than B-2, I-1 or I-2; and from any occupied building on the same parcel as the proposed tower: tower height (including antennas and lighting rods) plus 20 feet. However, the Board may grant a variance to reduce the required setback between the proposed tower and any occupied building on the same parcel as the proposed tower.

From lots zoned B-2, I-1 or I-2 and not containing dwellings: greater of 50 feet or one-third the tower height (including antennas and lighting rods)

Towers shall be gray or similar color unless required otherwise by the FCC, or FAA.

A tower that is no longer used must be removed within one year of the date the use ceases. If the owner of the tower does not remove the tower, the cost of the removal of the tower shall lie with the property owner. Any tower no longer in use must retain any applicable lighting, beaconing or structural color as required by the FCC or FAA.

Towers on government property must be designed to accommodate more than one user.

The applicant shall submit a landscaping plan which identifies existing vegetation and specifications, including species, size and location of all proposed plant materials to be utilized for buffering and screening of the tower and support structures. The tower owner assumes full responsibility for maintenance of the landscaping material.

A sign shall identify the current property owner, tower owner, the FCC tower registration number, contact phone number and emergency information. Said sign shall be posted on or adjacent to the gate leading into the tower's compound and shall be no smaller than eight square feet or larger than 16 square feet.

No towers shall interfere with the County-owned wireless voice and data systems. The applicant shall notify the director of the County's public safety communications system and solicit written comments.

Communication towers permitted as a special exception. Where permitted by special exception, the Board of Appeals shall be satisfied that the following requirements, in addition to those listed in § 155-50O(1), are met:

The applicant must satisfy the Board of Appeals that efforts were made to locate the tower on government land or on an existing structure and that due to valid considerations, such as physical constraints or economic or technical feasibility, no alternative appropriate location is available.

New towers must be designed to accommodate more than one user, unless the applicant demonstrates why this is infeasible. An area on site shall be available for placement of additional equipment buildings for other users.

Prior to filing an application for special exception the tower applicant or his agent shall notify in writing all property owners whose property lies within 1,000 feet of the parcel containing the proposed tower and shall hold an informational meeting for those property owners at a location generally convenient to said property owners.

The applicant must demonstrate that the application meets the following criteria, unless the applicant can demonstrate to the satisfaction of the Board why said criteria are infeasible:

The tower to be erected is of monopole style.

The tower height is no higher than necessary to ensure effective service for the relevant service area, but in no case shall exceed 200 feet. The Board may not grant a variance to this.

The tower is sited within or adjacent to areas of mature trees and towards the interior of a parcel whenever possible and only should be considered elsewhere on the property when technical data or aesthetic reasons indicate there is no other feasible location. When a tower is sited within a wooded area, the access road shall be curved or angled to minimize the view of the tower's base from the road.

The tower is located as far away from municipal boundaries, roadways and areas of concentrated population as it reasonably can be while still providing an acceptable level of service to the nearby municipality or area of concentrated population.

No sign or light is placed on the tower other than those required by the Federal Aviation Administration (FAA) or Federal Communication Commission (FCC).

A tower which is to be placed within sight of a property listed on the National Register of Historic Places shall mitigate, to the extent practicable, any adverse visual impact of the facility from properties within sight of the tower.

The applicant shall submit to the Board of Appeals professionally prepared computer simulated photos of the viewshed, which accurately depict the visual impact of the proposed tower.

Home-based contractors.

Home-based contractor occupations as an accessory use. Home-based contractor occupations which meet the following requirements are permitted accessory uses in all districts:

Operation.

A home-based contractor occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

There shall be no exterior evidence, other than a permitted sign, to indicate that the lot is being used for any purpose other than that of a dwelling. Exterior evidence shall include outdoor display, noise or glare.

A home-based contractor occupation shall be conducted by persons residing in the dwelling.

Parking; storage; vehicle repair.

The total area used for storage of equipment and supplies shall be limited to no more than 2% of the gross lot area or 1,000 square feet, whichever is less.

The total number of commercial vehicles that may be parked in association with the use shall be as follows:

On a lot smaller than 40,000 square feet, no more than one commercial vehicle.

On a lot 40,000 square feet or larger, no more than two commercial vehicles.

All supplies and equipment shall be stored within buildings.

Structures used for parking, storage or loading of commercial vehicles larger than 5.0 tons gross vehicle weight or excavating, paving or similar construction equipment shall be at least 50 feet from all property lines.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting and similar activities.

Certain home-based contractors that do not comply with the requirements of this section may be permitted as special exceptions, subject to the following special exception standards under Subsection P(2), and other applicable regulations.

Special exception standards for home-based contractors. Where home-based contractors are permitted as a special exception the following regulations apply:

Operation.

The location and design of the operation shall be such that the use shall not be a nuisance to neighboring properties due to noise, odors, fumes, dust, vibration or electrical interference.

The use shall not result in damage, deterioration or increased hazards on any public way or shared driveway providing access to the site.

The home-based contractor occupation shall be conducted by persons residing in the dwelling. In addition, the Board may permit up to two nonresident employees to work on the lot in connection with the operation.

The Board shall determine the following:

The hours of operation;

The number of employees allowed to visit or be dispatched from the site; and

The permitted frequency of employee trips to and from the site.

Parking; storage; vehicle repair.

The total area used for storage of equipment and supplies, whether outdoors or indoors, shall be limited to the following:

On a lot smaller than 40,000 square feet, no more than 2% of the gross lot area or 800 square feet, whichever is less.

On a lot between 40,000 square feet or larger, no more than 5% of the gross lot area.

Commercial vehicle parking shall be as follows:

On a lot smaller than 80,000 square feet, no more than two commercial vehicles may be parked.

On a lot 80,000 square feet or larger, the Board shall determine the number of commercial vehicles that may be parked.

All structures and uses that are part of the special exception shall be at least 50 feet from lot lines, unless the Board finds that a lesser setback is appropriate and will not adversely affect neighboring properties.

Parking and other outdoor uses shall be completely screened from surrounding properties and roads by vegetation, fencing or other appropriate means.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting and similar activities.

Home occupations.

Home occupations as an accessory use. Home occupations which meet the following requirements are permitted accessory uses in all districts. If more than one home occupation is located within a residence the following requirements apply to the cumulative total of all home occupations:

The area of the residence devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling or 800 square feet, whichever is less.

A home occupation shall be located entirely within the dwelling. For the purpose of this subsection, accessory structures, including detached garages, are not considered to be part of the dwelling.

A home occupation shall not alter the residential appearance and character of the dwelling or the lot.

No more than two vehicles may visit the home occupation at any one time.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

Off-street parking shall be provided in accordance with Article XI.

Financial transactions are permitted.

A home occupation shall be conducted by persons residing in the dwelling.

Home occupations may include the uses listed below, as well as other uses which comply with all requirements of this section:

Art or handcraft studios.

Barber.

Beauty parlor.

Business or professional offices.

Catering, subject to Health Department approval.

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

Dressmaker, seamstress, tailor and similar uses.

Mail-order or telephone sales.

Shoe repair.

Repair services for computer hardware, clocks, jewelry, cameras, guns and similar uses.

Tutoring.

Typing and computer services.

The following uses are not permitted as home occupations:

Commercial agriculture.

Engine repair.

Manufacturing and processing operations, other than production of handcrafts and similar activities.

Repairs of vehicles including body work, engine rebuilding, painting and similar activities.

Restaurants.

Certain home occupations which do not comply as permitted accessory uses may be permitted as special exceptions, subject to the following special exception standards under Subsection Q(2), and other applicable regulations.

Special exception standards for home occupations. Where home occupations are permitted as a special exception the following shall apply:

Home occupations may include the uses listed below, as well as other uses which comply with all requirements of this section, as determined by the Board of Appeals:

[Amended 9-14-2004 by Bill No. 2004-21]

Art or handcraft studios.

Barber.

Beauty parlor.

Boat building.

Business or professional offices.

Catering, subject to Health Department approval.

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

Dressmaker, seamstress, tailor and similar uses.

Mail-order or telephone sales.

Shoe repair.

Repair services for computer hardware, clocks, jewelry, cameras, guns and similar uses.

Tutoring.

[13]

Typing and computer services.

A home occupation shall be located entirely within a dwelling, an accessory building, or both. The size of the home occupation shall be as follows:

The area of the residence devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling.

An accessory building used for the home occupation must be compatible in scale, character and appearance with the residential character of the site and the neighborhood.

A home occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

The home occupation shall be conducted by persons residing in the dwelling. In addition the Board may permit up to two nonresident employees to work on the lot in connection with the home occupation.

Off-street parking areas for employees, customers or clients shall be screened from public roads and neighboring properties.

Parcel post and similar delivery trucks are permitted. The Board may limit the number of daily or weekly deliveries that are permitted, and whether deliveries by trucks with more than two axles are prohibited.

Temporary overnight lodging in association with hunting, fishing and camping.

[Amended 9-24-2002 by Ord. No. 313]

Intent. It is the intent of this subsection to regulate the placement of camping trailers, recreational vehicles, tents, recreational park trailers, truck campers and motor homes used in association with hunting, fishing and camping activities on the parcel in question and to regulate their associated impacts on surrounding land uses.

Applicability. For the purposes of this subsection, the term "temporary overnight lodging unit" (TOLU) shall include camping trailers, tents, recreational vehicles, recreational park trailers, truck campers, motor homes and anything else used for temporary lodging by landowners or lessees. The definition of "temporary overnight lodging unit" shall not include cabins and mobile homes, as defined elsewhere in this chapter. Such structures shall be deemed to be single-family detached dwellings, as defined herein, and regulated as such. This subsection shall not apply to commercial campgrounds, primitive campgrounds or mobile home parks, as defined and regulated elsewhere in this chapter.

TOLU's which existed prior to the effective date of this amendment are not deemed to be legal nonconforming uses unless the applicant can demonstrate that said TOLU was expressly authorized by the Department.

No TOLU shall be placed on property for a period of time exceeding 30 days per year until a current and valid zoning permit has been issued by the Department to the current owner or lessee.

The following criteria must be met before the Department may issue a zoning permit for a TOLU:

Each TOLU must be less than 600 square feet in area, exclusive of any addition(s).

No addition to a TOLU may have enclosed sides or a permanent impermeable floor.

Portable toilets.

For the purpose of this subsection, the term "portable toilet" shall mean a commercial full-sized enclosed temporary toilet facility leased and serviced by a commercial provider of such toilets.

There must be at least one portable toilet on the subject parcel for each five or fewer TOLU's located on a parcel.

Each portable toilet must be commercially pumped and serviced not less than twice per month for each month or portion of a month during which the applicable TOLU's are occupied.

Each permitted landowner or lessee shall maintain records of the servicing of each required portable toilet for not less than two years and produce such records upon request by the Department. The current year's service record shall be kept on the inside of the door of the portable toilet for inspection by the Department.

Existing sanitary waste systems which meet the same standard noted above may be approved by the Director in his discretion. However, the same servicing and recordkeeping requirements must be met.

There shall be adequate off-street parking based on the following formula: one and one-half parking spaces for each TOLU.

All TOLU's and parking areas shall be suitably screened or buffered from adjoining uses and public ways. The Director may require relocation of TOLU's and associated parking places for this purpose.

The Director shall assign and permit a number of TOLU's within the applicable ranges noted below based on screening, proximity of neighbors, forestation and any other relevant criteria:

Parcel Size (acres)	Maximum Number of TOLU's
Up to 1	2 to 6
Between 1 and 2	4 to 8
Between 2 and 3	6 to 10
Between 3 and 4	8 to 12
Between 4 and 5	10 to 14
Over 5	10 to 15

No TOLU shall be permitted within a residential subdivision or neighborhood unless it is placed a minimum distance of 1,000 feet from any dwelling located on a neighboring lot or parcel.

No other building or structure shall be erected or located as an accessory structure to a TOLU.

TOLU's placed on property in excess of 180 consecutive days must comply with the Dorchester County Floodplain Management Ordinance, when applicable.

A zoning permit may be revoked at any time by the Director on the basis that the TOLU appears to be used in violation of the intent of this section. Such violations would include, generally:

Use of the TOLU as a dwelling unit, as defined in § 155-13.

Violation of any of the stated criteria.

Violation of any of the zoning permit conditions.

No TOLU shall be permitted as an accessory to a dwelling unless permitted elsewhere in this chapter.

A zoning permit for a TOLU is not transferable.

Industrial uses and planned industrial parks.

Intent. Certain industrial uses need to be carefully designed so that they will have a positive visual, aesthetic and environmental impact on the county's open, rural landscape. To encourage such careful design, industrial uses listed below in Subsection S(2) shall meet the criteria in this section which shall be considered by the Planning Commission during its review of any site plan.

Applicability. The standards and criteria in this subsection apply to the following industrial uses:

Chemical, physical and biological laboratories;

Manufacturing or processing plants and facilities, as listed individually in the Table of Permitted Uses;[7]

Editor's Note: See the Table of Permitted Uses by Zoning District, located at the end of this chapter.

Planned industrial parks; and

Warehousing, miniwarehousing and storage and distribution facilities, as listed individually in the Table of Permitted Uses.

General criteria.

Maximum permitted coverage by impervious surfaces: 80%.

Internal circulation and ingress and egress onto roads shall be adequate to accommodate anticipated traffic.

The visual impact of large structures shall be softened through means such as:

Retaining natural buffers, especially tree stands, for structures and parking;

Providing deep setbacks from roads for large structures; and

Creating natural features on the site.

The Planning Commission may require that industrial uses covered by this subsection be screened or buffered from any nonindustrial use by a solid wall, fence, compact hedge or other treatment of appropriate height, width and depth. Walls or fences shall be properly landscaped.

Native trees and plantings should be used wherever possible.

Lighting shall be appropriate in scale and intensity for the site and the vicinity and shall be directed away from adjacent properties.

Accessory structures such as dumpsters, aboveground tanks, meters, etc., shall be appropriately screened or landscaped.

Adequate and safe pedestrian access shall be provided where appropriate.

Specific criteria for planned industrial parks.

Intent. The purpose of this subsection is to encourage the design of planned industrial developments that will provide attractive, well-serviced sites with efficient and harmonious buildings, together with properly arranged traffic ways, parking, loading and landscaping.

Area and bulk requirements. Each site and the uses conducted on that site shall conform to the lot, yard and height requirements of the district in which the planned industrial park is located, except as follows:

Minimum land area for a planned industrial park: 50 acres.

Minimum lot size for lots within the park: three acres.

Maximum lot coverage by buildings on any lot: 50%.

Minimum open space requirement: 15%.

Minimum building setback from any AC, RC, RR, SR or V District: 100 feet.

Permitted uses.

In the districts where planned industrial parks are permitted, uses that are permitted as a matter-of-right, by special exception or as accessory uses may be conducted within the park.

Any use which would normally require a special exception must still be granted a special exception by the Board of Appeals before it may be conducted within the park.

Any supplementary use requirements applicable to a specific use shall apply to that use if conducted within an industrial park.

Access.

A planned industrial park shall have adequate access to a limited access or major collector road.

Interior streets shall have a right-of-way of at least 60 feet and shall be provided with an all-weather pavement, curb and gutters.

Open space. Open space and unpaved areas within a site or the park shall be landscaped and maintained.

Inns.

Adequate and safe public road access shall be available.

Principal and accessory uses must be identified on the plan submitted with the special exception application. To add new uses not approved under the original approval, a revised special exception must be granted following all the procedures required for granting a special exception.

Extension or enlargement of the principal structure and all accessory structures may not exceed 50% of the gross floor area of each individual building above that which existed at the time of the adoption of these regulations. The exterior design of new construction shall be architecturally compatible with any historic structures on the site.

Junk and salvage yards.

Setbacks; screening. Every junk or salvage operation shall either be completely enclosed within a building, in which case the applicable district regulations with regard to setbacks and security shall apply, or be set back from every public way not less than 100 feet and shall be completely fenced. Where exposed to public view, such fence shall be of sufficient height (at least six feet) and of such nature as to screen the contents effectively from public view, or the contents may be screened by dense foliage or topography. Such fences shall be designed to prohibit unauthorized entry and shall be kept neatly and unobtrusively painted or finished and in good condition.

Outdoor storage. No used parts, wrecked vehicles or other junk shall be kept or displayed outdoors in front of any required building, fence or screening, but only within a store, garage or other related business establishment as permitted in accordance with applicable provisions for such uses in the district regulations.

Kennels. Where a kennel is approved by special exception, the following requirements shall apply:

Area, setback requirements.

	Number of Dogs, Not Including Dogs Under 6 Months of Age
	7 to 10	More than 10
Minimum lot size	3 acres	5 acres
Minimum setback for any outside pen or run	50 feet	200 feet
Minimum structure setback from any lot line	30 feet	200

Other requirements.

All outside pens and runs, and all buildings as appropriate, shall be screened by landscaping or other suitable means from adjoining properties and public ways.

Disposal of wastes shall be such that odors or other emissions are not perceptible at lot lines.

Land clearing debris landfills and rubble landfills. Land clearing debris landfills and rubble landfills are subject to the following requirements:

	Land Clearing Debris Landfills and Rubble Landfills
	Commercial	Private
Permitted districts	AC, I-1, I-2 via a floating overlay district	AC, I-1, I-2 by special exception
Application to	County Commissioners	Board of Appeals
Application requirements	Zoning application plus other requirements pursuant to § 155-40	Special exception application, plus preliminary site plan, and plan of operation
Disposal area setback	300 feet, or less if the County Commissioners find appropriate	300 feet, or less if the Board finds appropriate
Buffer around the operation	100-foot deep landscaped buffer or alternative means	100-foot deep landscaped buffer or alternative means
Security fence	Required	Required
Number of trucks	Per plan of operation	The Board may limit
Height limit above average natural grade	75 feet	50 feet
Associated equipment for washing, sorting, etc.	Permitted per plan of operation	Not permitted
Hours of operation	Per plan of operation	The Board may limit

Manufactured homes. Manufactured homes, including manufactured homes used as additions, are permitted as follows:

In all districts where new single-family detached dwellings are permitted, provided that they meet the following standards:

Are built on permanent foundation;

Have a gabled roof with a minimum roof pitch of 4/12;

Have a minimum floor area of 960 square feet;

The minimum width of the main structure unit is no less than 24 feet for a continuous distance of 40 feet;

Have brick walls or lap or other conventional-type of residential siding; and

Have a shingle or other conventional-type of residential roof.

Manufactured homes, including mobile homes and manufactured homes used as additions, that do not meet the above standards are permitted only as follows:

Manufactured home overlay districts. On lots in manufactured home overlay districts designated on the Official Zoning Maps.

Farm manufactured homes. On farms, provided that such homes:

Are located only on a farm as defined in this chapter.

Are occupied by:

The owner(s) of the farm;

Immediate family members; or

Person(s) employed on the farm.

Are removed when no longer occupied as a residence; and

Are limited to one manufactured home per farm, except that additional farm manufactured homes may be permitted as a special exception by the Board of Appeals. Such manufactured homes shall not be regulated as a manufactured home park.

Hardship manufactured homes. On lots as a hardship manufactured home accessory use, provided that the Board of Appeals grants a special exception for the use based on the following required findings and conditions:

The person in need of care, attention and supervision is related to the applicant.

The applicant for the special exception will be responsible for the required care, attention and supervision.

The applicant has filed a certificate from at least one physician licensed to practice medicine in the United States who has examined the person in need of care, attention and supervision within 30 days prior to the filing of the application. The certificate shall state the date of the physician's last examination of said person; the nature of said person's disability; that, in the physician's best judgment, said person is mentally or physically incapable of self-care; and the probable duration of said person's disability.

The person in need of care, attention and supervision for practical reasons, financial or otherwise, is unable to reside elsewhere and receive the same services.

The manufactured home shall not be used as a profitable enterprise, but the applicant shall not be precluded from receiving reimbursement for actual expense in providing the required care, attention and supervision to the person in need.

The applicant owns, resides or intends to reside on the premises on which the manufactured home is to be located, and either the applicant or the person in need of care, attention and supervision may reside in the manufactured home.

The manufactured home shall be located within 200 feet of the principal residence on the premises and shall meet the principal structure setbacks of the zoning district where the home is located.

The manufactured home shall be removed within 60 days after the person in need of care, attention and supervision dies, permanently vacates the premises or becomes capable of self-care.

Replacement of manufactured home. On lots as a replacement for a mobile home as defined in Article II, subject to the following:

Before issuing a building permit for a replacement manufactured home the Director of Planning shall be satisfied that the mobile home to be replaced is legally existing.

A replacement manufactured home shall be placed approximately where the former home was located or, if the former home was nonconforming, in a more conforming location.

Temporary or emergency housing. On lots as temporary or emergency housing subject to § 155-50GG(3)(b).

Manufactured home parks. In manufactured home parks subject to the supplementary use regulations for manufactured home parks.

Manufactured homes on individual lots, subject to the following:

[Added 3-2-1999 by Ord. No. 260]

The lot or parcel was zoned to permit a manufactured home by right prior to January 1, 1999.

The lot or parcel was approved for sanitary waste disposal by the Dorchester County Health Department prior to January 1, 1999.

A building permit to place the manufactured home on the lot or parcel must be issued prior to June 30, 1999.

All other conditions, restrictions and limitations which apply to the erection of a dwelling unit must be satisfied.

Relocated manufactured homes: on lots, subject to the following conditions:

[Added 1-9-2001 by Ord. No. 290]

The manufactured home being relocated has legally existed elsewhere in Dorchester County as of January 1, 1999. Manufactured homes located in manufactured home parks are not eligible for relocation under this exception.

The Board of Zoning Appeals grants a variance to relocate the manufactured home.

The manufactured home to be relocated meets all of the standards set forth in § 155-50X(1), with the exception of Subsection X(1)(b) (roof pitch).

All other conditions, restrictions and limitations which apply to the erection of a dwelling unit must be satisfied.

Manufactured home parks. Manufactured home parks shall conform to the following provisions:

Approvals.

Approval of a manufactured home park shall be by special exception in accordance with § 155-20C(1)(b).

In granting a special exception for a manufactured home park, the Board of Appeals may require special conditions, such as additional setback requirements, landscaping and traffic control, in order to safeguard the general community, health, safety and welfare.

A site plan shall be approved by the Planning Commission.

Density, area requirements.

Manufactured home parks located in the Critical Area Protection District shall meet all the requirements of that district.

Each home site, plot or location in a manufactured home park shall contain not less than 7,500 square feet.

Manufactured homes, together with other buildings on the lot, shall not occupy in the aggregate more than 25% of the area of the lot.

No manufactured home shall be located within 20 feet of any other manufactured home or building in the park, except for utility buildings.

Manufactured homes shall be located not less than 60 feet from all property lines and public ways.

A minimum of 10% of the total area of the manufactured home park, exclusive of buffer yards, shall be in accessible open space. At least 25% of the open space shall be suitable for active recreation. Recreation open space shall wherever possible be consolidated into minimum ten-thousand-square-foot areas, suitably located in relation to the homes and contiguous with adjacent open space.

Site development.

The developer shall demonstrate how the development meets the guidelines for manufactured housing in the Dorchester County Design Manual, with respect to street layout, site layout, buffer yards, trees and landscaping.

All interior access drives shall be privately owned and maintained by the owner/operator of the park. Access drives shall be at least 20 feet wide, paved and shall be approved by the Dorchester County Highway Department.

No manufactured home shall have direct access onto a county or state road.

Parking shall not be allowed on internal access drives.

Every manufactured home, together with all enclosed extensions or structural additions, shall be installed upon an approved anchor tiedown system and shall be securely anchored thereto so as to prevent the home from shifting or overturning. The undercarriage of every manufactured home shall be suitably hidden by some form of opaque skirting.

The manufactured home park owner shall provide central refuse collection and removal for residents.

Other requirements.

Recreational vehicles shall not be occupied as living quarters within a manufactured home park.

No manufactured home shall be used exclusively for storage purposes.

Accessory uses and structures.

Accessory uses and structures in manufactured home parks are subject to the requirements of § 155-50A.

No manufactured home park shall include any business or merchandising other than that which is purely incidental and accessory to the operation of the park and is intended primarily for its occupants. The Board of Appeals shall approve the size and location of any such use as part of the special exception.

Enlargements; extensions.

All enlargements or extensions to existing manufactured home parks shall require an application for a building permit as if it were a new establishment.

No enlargement or extension to any manufactured home park shall be permitted unless the existing manufactured home park is made to conform substantially to all the requirements for new parks.

Massage parlors.

The structure containing the massage parlor shall be at least 1,000 feet from the nearest property line of any residentially used or zoned property, church or similar place of worship, library, school, park, playground or similar use.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

AA.

Material storage yards. Where material storage yards are approved by special exception the Board of Appeals may require a setback of up to 100 feet from any property line or right-of-way.

BB.

Mineral extraction activities.

Any building housing power-driven or power-producing machinery or equipment shall be set back at least 100 feet from all adjacent property lines and public ways.

The extractive operations shall be confined to areas at least 50 feet distant from all adjoining property lines and public ways.

Where mineral extraction activities are approved by special exception, before authorizing such use, the Board shall obtain an adequate bond or other satisfactory guaranty to ensure the provision of adequate fencing and the restoration of the land to a safe and usable condition by regrading, draining, replanting or other suitable treatment during or at the completion of the extractive operation.

CC.

Planned Unit Developments (PUD's).

Purpose. The purpose of this provision is to encourage the design of well-planned, larger-scale residential developments which may offer a variety of building types and attractive and efficient overall planning in accordance with the goals of the County Comprehensive Plan. Planned unit developments may incorporate low-intensity nonresidential uses serving primarily local neighborhood needs. The procedures and standards in this provision are intended to permit, upon the approval of the Board of Appeals, diversification in the size, type and location of structures while ensuring adequate standards consistent with the purposes of this chapter.

Minimum development size. Twenty acres, or 5 acres for PUD's where at least 75% of the dwelling units will be housing for elderly persons.

Maximum density. Four dwelling units per gross acre. However, the Board of Appeals may approve a density of six dwelling units per gross acre for PUD's or for portions of PUD's where at least 75% of the dwelling units will be retirement housing or housing for elderly persons.

Permitted uses.

Range of uses. Planned unit developments may incorporate uses from the following three use categories identified in the Table of Permitted Uses by Zoning District:

Residential;

Commercial business and personal services that are permitted in the B-1 District; and

Commercial retail uses that are permitted in the B-1 District.

Procedure for approval of specific uses.

As part of the application for the special exception the applicant shall specify the individual uses within the three use categories that the applicant proposes to be permitted within the planned unit development.

The Board of Appeals, in granting a special exception for a planned unit development, may amend the proposed list of permitted uses based on the Board's determination of the compatibility of the proposed uses with existing and proposed uses in the vicinity.

If the special exception is granted, only uses specified on the list of approved uses may be permitted in the planned unit development. To add new uses to the list of approved uses, a revised special exception must be granted following all procedures required for granting a special exception.

Area limitations within a planned unit development.

Nonresidential. A maximum of 20% of the total land area of a planned unit development may be used for nonresidential uses.

Open space. A minimum 20% of the total area of a planned unit development shall be in accessible open space. At least 50% of the open space shall be suitable for active recreation. Recreation open space shall, wherever possible, be consolidated into minimum ten-thousand-square-foot areas, suitably located in relation to the homes and contiguous with adjacent open space.

Lot size. No minimum requirement.

Setbacks.

From roads.

From limited access, collector or local roads: See Density, Lot Size and Bulk Regulations Table.[8]

Editor's Note: Said table is located at the end of this chapter.

From internal access roads.

Front or side: 20 feet.

Rear: 40 feet.

From adjoining properties: 50 feet.

Between buildings: 15 feet.

Access roads. Planned unit developments are considered to be multiple uses subject to the access requirements of § 155-48.

Apartments and single-family attached units. Apartment and single-family attached units in planned unit developments shall meet the requirements for architecture and external lighting specified for those uses in Article IX, Supplementary Use Regulations.

Applicability of other regulations. In regulating the development of planned unit developments, the provisions of this section shall first apply, but when a matter is not specifically regulated by this section, then the other provisions of this chapter and of the district in which the planned unit development is located, including any supplementary districts, shall apply.

Application requirements.

The applicant for a special exception for a planned unit development shall submit plans in sufficient detail to permit the Board to determine whether the development will meet the purpose of the planned unit development provisions of this chapter. The minimum standard for these plans is a site plan meeting the requirements for preliminary site plans set forth in Article VIII.

In addition to a site plan, the following additional information is required:

A location map showing the relation of the site to property in the vicinity of the site.

The proposed traffic circulation system, including the general location of proposed roads and points of access to existing roads.

Land uses that the applicant proposes to be permitted within the planned unit development [see § 155-50CC(4)].

A draft of any proposed protective covenants whereby the owner proposes to regulate land use, otherwise protect the proposed development and maintain any services, structures, landscaping or other properties.

A draft of any proposed incorporation agreements and a draft of any bylaws or easement declarations concerning ownership, control and maintenance of recreational and other common facilities.

(12)

Approval requirements.

Before granting a special exception for a planned unit development the Board of Appeals shall be satisfied that the purpose of the planned unit development provisions of this chapter will be met by the proposed development.

In granting special exceptions for planned unit developments, the Board of Appeals may require special conditions to be met, such as additional setback requirements, landscaping and traffic control, in order to safeguard the general community, health, safety and welfare.

DD.

Poultry and hog houses, commercial horse and dairy barns and manure storage and composting structures, feeding lots, agricultural lagoons and other uses involving the concentrated handling or containment of animals and their waste.

No such use is permitted within 600 feet of:

Any zoning district where the use is not permitted; or

A municipal boundary.

All such uses shall be located at least 200 feet from any property line or public way. However, the Director of Planning may authorize a reduction to the setback for poultry houses, horse barns and structures for the storage of animal manure down to 100 feet, provided that:

The structure is at least 200 feet from any public way;

There are no existing dwellings on neighboring properties within 200 feet of the proposed structure; and

All property owners whose property lines will be less than 200 feet from the structure must grant written notarized consent for the reduced setback.

In all districts where parcels are improved with poultry houses, hog houses, commercial horse or dairy barns which existed prior to the adoption of these regulations, manure storage and composting structures shall be permitted as provided in Subsection DD(2) above.

EE.

Retail stores and shopping centers, including large highway-oriented retail stores.

Intent. Retail stores and shopping centers, especially large highway-oriented retail stores, need to be carefully designed so that they may have a positive visual, aesthetic and environmental impact on the county's open, rural landscape. To encourage such careful design, retail stores and shopping centers shall meet the following criteria which shall be considered by the Planning Commission during its review of any site plan.

General criteria. The following general criteria shall apply:

Maximum lot coverage by structures: 25%.

Maximum coverage by impervious surfaces: 80%.

Internal circulation and ingress and egress onto roads shall be adequate to accommodate anticipated traffic.

Adequate and safe pedestrian access shall be provided.

Parking and loading areas shall be landscaped to reduce the visual and environmental impacts of large parking areas. See § 155-55B.

The Planning Commission may require that retail stores be screened or buffered from any noncommercial or industrial use by a solid wall, fence, compact hedge or other treatment of appropriate height, width and depth. Walls or fences shall be properly landscaped.

Native trees and plantings should be used wherever possible.

Accessory structures such as dumpsters, aboveground tanks, meters, etc., shall be appropriately screened or landscaped.

Lighting shall be appropriate in scale and intensity for the site and the vicinity and shall be directed away from adjacent properties.

Specific criteria for neighborhood shopping centers and retail stores.

The developer shall demonstrate how the development meets the guidelines for rural commercial development in the Dorchester County Design Manual, with respect to scale, orientation, site layout, circulation, parking, and trees and landscaping.

The developer of a large highway-oriented retail store shall soften the potential negative impact of such development through means such as:

Retaining natural buffers, especially tree stands, for structures and parking.

Providing deep setbacks from roads for large structures.

Creating natural features on the site.

Specific criteria for other shopping centers.

Minimum lot size: five acres.

The shopping center shall consist of a group of establishments of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping, which will be an attractive, efficient, convenient, pleasant and safe center.

FF.

Shooting ranges, commercial.

Outdoor discharge of firearms shall be a minimum of 1,000 feet from any property line or public way.

For indoor ranges the Board of Appeals shall set appropriate setbacks based on the proposed manner and times of operation, including considerations of noise.

GG.

Temporary uses, buildings and structures.

Carnivals, fairs, gatherings, revivals and similar uses. Carnivals, fairs, gatherings, revivals and similar uses sponsored by and operated on a nonprofit basis for the benefit of charitable, civic, educational, religious or social organizations are permitted by right in all districts, provided that:

The operator obtains all permits required by county or state law.

The use shall operate for a period of time not to exceed 16 days per event.

All structures, materials and equipment shall be removed from the site within seven days of the closing of the event.

An event shall not be held more than once in any thirty-day period.

Real estate sales offices.

An on-site real estate sales office is permitted by right in any district for rental or sale of dwellings in a project. The office shall be removed upon the initial sales of all units.

A rental office may be permanently maintained in a rental project.

On-site buildings and structures.

Temporary construction structures.

Temporary buildings and structures, including manufactured homes and recreational vehicles or trailers, may be erected or placed on sites by right in all districts if such buildings or structures are incidental to construction work on the premises.

Such temporary buildings or structures shall be placed on a construction site only after the Director of Planning has issued a building permit for the on-site construction to be performed.

When such construction work is completed or abandoned, when the building permit expires or is revoked, or in 12 months from the date of placement on the site, whichever comes first, such building or vehicle shall be removed, unless the Director of Planning, for good cause, grants an extension.

Temporary construction structures may be used for habitation by the owner, provided that:

The owner of the property is performing the construction work on site; and

The temporary structure is approved for habitation by the County Health Department.

Emergency housing.

If an occupied single-family dwelling in any district shall burn, flood or be otherwise damaged or destroyed by any cause to a degree so as to make it unsafe or unhealthy for human occupancy, nothing in this chapter shall prohibit the placement of a manufactured home or recreational vehicle or trailer, if approved by the Director of Planning, on the premises for the purpose of providing emergency housing for the displaced occupants.

The unit shall be removed from the site when the damaged dwelling is restored or within 12 months, whichever comes first, unless the Director of Planning shall grant an extension, which shall be limited to not more than an additional six months' duration.

Bulk regulations for temporary buildings and structures. Temporary buildings and structures shall meet the bulk regulations for the district where they are located, except that the Director of Planning may, for good cause, permit temporary buildings and structures to be located within a required yard. The Director may prescribe appropriate conditions to such a permit pertaining to access, duration, screening and the like.

Temporary off-site construction structures and uses. Temporary structures and uses for construction purposes, including but not limited to manufactured homes, recreational vehicles, trailers and storage areas, may be erected, located or placed on sites in all districts, even if not located on the actual construction site, if granted approval by the Board of Appeals as a special exception. The following provisions must be met:

The structures and uses are necessary for the construction of a public project.

The structures and uses shall be allowed for work only on the public project.

The structures and uses shall be allowed only for the contract specifically identified in the hearing before the Board of Appeals.

All structures and uses must be removed or terminated within 30 days of the completion of the work on the public project.

The applicant must provide a sketch and identification of the temporary structures and uses, along with the application for the hearing before the Board.

The applicant must provide written reports from other applicable county agencies stating their acceptance of the temporary structures and uses on the proposed site.

Other temporary uses.

Authorization. The Board of Appeals may approve a special exception for a temporary use of land, in any district, for a period not exceeding 60 days, provided that the land shall be entirely cleared of such use within five days after such approval expires. Extensions of the temporary use may be granted by the Board for periods not exceeding 60 days each, in accordance with the procedures for the original temporary use approval.

Criteria for approval. When considering a special exception for temporary use of land, in addition to the general standards for granting a special exception, the Board of Appeals shall be satisfied that the use does not require significant or permanent changes to the existing topography, vegetation, structures or other features of the site.

HH.

Wastewater treatment plants. Where permitted by special exception, the following requirements shall apply:

Wastewater treatment plants shall be located not less than 500 feet from any adjacent property lines or public ways, provided that the Board of Appeals affirmatively finds that such plant will not adversely affect any other property and any stream, river, bay or other waters of the county.

The five-hundred-foot setback may be waived by the Board of Appeals after review and recommendation by the Planning Commission if, in the Board's judgment, a lesser setback is adequate to protect the adjacent properties and the general public; however, in no case shall the setback be less than the minimum yard requirements prescribed for the district in which the plant is located.

II.

Waterfront structures.

[Amended 8-16-2005 by Bill No. 2005-11]

Purpose. In order to prevent the undue crowding and congestion of the County waterways, to maintain the safety of boaters, to control pollution and to maintain the beauty of the waterfront, the following restrictions shall be placed upon waterfront structures, such as docks, piers, slips, and shore erosion protection devices.

Size, setbacks, compensation.

Waterfront structures shall not extend into any body of water more than 1/2 the distance from the mean high water line to the center line of the body of water upon which the structure is situated. However, the Board of Appeals may approve a variance to allow a greater extension.

Structures on piers are not permitted.

No waterfront structure, including mooring poles, shall occur closer than 25 feet to any side lot line or any divisional line extended into the water in accordance with the rules established herein. This setback may be reduced if a notarized letter of no objection is obtained from the adjacent property owner.

It shall be permissible for two adjacent waterfront owners to build a single private and shared dock beginning at their joint property line, instead of individual private docks. The rights of access to such shared dock shall be spelled out in properly witnessed and recorded covenants.

For the purpose of defining boundaries within which waterfront construction may take place, divisional lines shall be established in accordance with the following rules:

With straight shorelines, the divisional lines are established by extending a line perpendicular to the shoreline. Where it is practical to do so, the property boundary line shall be extended as a straight line into the water.

With irregularly shaped shorelines, the divisional lines are established using this formula: Draw a baseline between the two corners of each lot at the mean low water line. Then, extend a line perpendicular to the baseline at each property corner out into the water at right angles to the baseline. If, because of the irregular shape of the shoreline, the extended lines are not parallel to each other, the area excluded shall be equally divided between the two adjoining property owners. An illustration of this methodology is shown on the attached Waterfront Construction Diagrams.

It shall not be permitted for the owner or owners of a private dock or boathouse to receive compensation for use of their private dock or boathouse.

All waterfront structures are subject to appropriate state and federal permits.

Setback from naturally occurring or man-made ponds. Structures shall be set back a minimum 60 feet from naturally occurring or man-made ponds, except that the Director of Planning, or the Planning Commission for a development that requires its approval, may permit a lesser setback if a reduction will be consistent with the purposes of this chapter.

JJ.

Farm winery.

[Added 2-3-2009 by Bill No. 2009-1]

General requirements.

A farm winery shall be located on a parcel of land of at least five acres, and the farm winery shall produce no more than 2,000 gallons of wine for every acre of grapes or other fruit planted on the property or obtained from other property which is under the control of the winery owner.

Grapes, fruit, or juice used for processing of wine may be contracted for purchase from off-site locations, however after an initial five-year start up period, at least 50% of the grapes or other fruit that is processed into wine at the winery shall be grown on site or obtained from other off-site locations under the control of the winery owner.

The minimum setback from any lot line for a structure, storage, parking, or loading area shall be 200 feet.

Wholesale and retail sales of wine, grape, or fruit products produced on the premises is allowed. Retail sales of merchandise or items other than wine is allowed within the tasting room, and must be directly related to the winery and limited to items like souvenirs, clothes bearing the winery logo, or other wine-related items.

Areas designated for wine tasting (tasting rooms) are allowed and shall not exceed 50% of the total gross floor area of the principal building used for processing of wine or 2,000 square feet, whichever is less.

Snack foods or prepackaged foods like sandwiches, soups, or salads that are consumed on the premises are allowed. A commercial restaurant shall be expressly prohibited in the RC and AC-RCA (Critical Area) Zoning Districts. A commercial restaurant in the AC Agricultural Conservation Zoning District may be permitted if a special exception is granted by the Board of Zoning Appeals.

Promotional or special events, such as, but not limited to, wine festivals, publically advertised functions, conferences, workshops, fund-raising or charitable functions, weddings, receptions, social events or cultural exhibits where the number of persons in attendance at any given time exceeds 200 persons shall be restricted to eight events per calendar year. Smaller less attended functions, such as, but not limited to, wine tastings, private parties, winery tours, meetings or picnics are permitted without limitation on the number of events.

On-site parking shall be provided in accordance with Article XI, Parking and Loading. The number of parking spaces provided shall be one space per 300 square feet of principal building area, including tasting room, reception area, offices, laboratory, and other administrative and public areas. One space shall also be provided per two employees. Additional parking for promotional or special events may utilize temporary, overflow parking areas.

On-site signage shall be in accordance with Article XII, signs. One nonilluminated on-site sign advertising the authorized use (farm winery) may be allowed. The maximum sign area shall not exceed 32 square feet, and the maximum sign height shall not exceed eight feet.

Vehicular access to the farm winery shall connect directly to a public road that has been designated by the County as a major or minor collector road, or a limited access roadway.

The farm winery shall be consistent with and support the farm and its production, and shall not interfere with the implementation of soil conservation and water quality best management practices. The winery shall minimize impacts to sensitive natural resources on the farm, such as floodplains, wetlands or stream buffers.

The farm winery shall be operated in accordance with all local, state, and federal laws, and shall be compatible with the rural. Character of the farm and the surrounding area.

KK.

Small wind energy system.

[Added 8-11-2009 by Bill No. 2009-8]

General requirements.

Excluding finishes, coatings or coverings applied by the manufacturer, wind turbines shall be painted a nonreflective, nonobtrusive color. Small wind energy system towers shall maintain a galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise.

Small wind energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer, and shall not be artificially lighted except to the extent required by the FAA or other applicable authority.

A small wind energy system shall be located on a lot or parcel as an accessory use. Only one small wind energy system shall be permitted on a lot or parcel one acre or smaller in size.

On a lot or parcel one acre (43,560 square feet) or smaller in size, the total height of a small wind energy system, including the wind turbine, tower, and base, shall not exceed a maximum height of 80 feet. For a lot or parcel greater than one acre in size, the total height shall not exceed the height recommended by the manufacturer or distributor of the system or any limitation imposed by FAA regulations. In no case shall the total height of any small wind energy system exceed 200 feet, and tower loading shall not exceed manufacturer or distributor recommendations.

For properties (lots or parcels) located within the designated AP Airport Protection District, the total height of small wind energy systems shall comply with the standards of the Airport Protection District.

Each small wind energy system shall be set back a distance equal to its total height plus 20 feet from all property lines, public road rights-of-way, and from any above ground (overhead) public utility lines, such as electric power or telephone communication lines.

A wind turbine blade tip shall, at its lowest point, have a ground clearance of no less than 20 feet, as measured at the lowest point of the arc of the blades. wind turbine towers shall not be climbable up to 12 feet, or shall have removeable climbing features below 12 feet.

No small wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a building and electrical permit. All such wind energy systems shall be constructed and operated in accordance with all local, state, and federal laws.

Appropriate warning notice (ie., electrical hazards) shall be placed on small wind energy systems. All access doors to wind turbine towers and electrical equipment shall be lockable.

Any small wind energy system found to be abandoned or unsafe by the Building Official shall be repaired or removed by the landowner. A small wind energy system that fails to operate and is out-of-service for a continuous twelve-month period will be deemed to have been abandoned.

Except in mapped buffer exemption areas (BEA) and in accordance with buffer exemption area criteria, small wind energy systems shall not be located within the Chesapeake Bay Critical Area tidewater buffer.

LL.

Solar energy systems.

[Added 10-18-2011 by Bill No. 2011-7; amended 11-4-2024 by Bill No. 2024-8]

Purpose. The purpose of this section is to facilitate the installation and construction of solar energy systems in Dorchester County for private landowners, subject to reasonable restrictions, which will preserve and protect the public health, safety and welfare.

Applicability. The requirements of this section shall apply to all solar energy systems proposed after the effective date of this section. Solar energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section.

Owner defined. Except where expressly stated otherwise, as used in this section, the term "owner" shall mean and refer to the fee simple owner(s) of the real property upon which a solar energy system is to be sited and the owner(s) of the solar energy system itself. Any obligations imposed by this section upon an "owner" shall be jointly and severally imposed upon the fee simple owner(s) of such real property and the owner(s) of such solar energy system, if such owner(s) are separate individuals or legal entities.

Standards. A solar energy system shall be allowed in the permitted zoning districts subject to all of the following requirements, any of which may be modified by the Board of Zoning Appeals upon good cause shown and a finding that such modification(s) would not be contrary to the public health, safety or welfare nor detrimental to adjacent and neighboring properties:

Setbacks. All structures related to the solar energy system shall be set back a minimum of 75 feet from all property lines. All structures related to the solar energy system shall be set back from any scenic byway for a minimum of 100 feet from all property lines. This requirement does not include perimeter fencing from:

Any state or County right-of-way or the nearest edge of a state or County roadway, whichever is closer;

Any right of ingress or egress on the property upon which the solar energy system is to be located; and

Any overhead and/or underground utility lines. Service lines owned by a private property owner of the land on which the service lines sit are exempt from the setback.

Allow perimeter fencing up to eight feet in height, by right.

Approval and installation.

A site plan shall be submitted for review and approval by the Planning Commission when a special exception is required.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

Site plans must identify soil quality and crop usage prior to development.

No topsoil shall be removed from a property to be developed for solar energy.

Buffer. The site plan shall include a vegetative buffer for the visual screening of active portions of the solar energy system, including all related structures and appurtenances. The Director of Planning may waive the requirement for a vegetative buffer if they determine that sufficient vegetation is already in place on site or adjacent to the site. The vegetative buffer is to be established as follows:

A minimum of three staggered rows of plant materials with ten-foot center spacing shall be placed at a width of 10 feet to 20 feet between rows. The farthest row from the solar energy system must consist of evergreen trees.

Plant material is to be a minimum of at least one gallon stock, or approximately 18 inches when planted.

Buffers shall be installed in accordance with best management practices in order to ensure growth and plant material survival.

[d]

All required buffers shall be preserved and maintained so as to effectively provide visual screening. Dead or dying buffer materials shall be replaced with similar plant materials of a similar size on an annual basis.

[e]

Modifications to approved buffers may be made by the Zoning Administrator.

[f]

If a vegetative buffer is required, a performance bond or other financial guaranty, in a form acceptable to the Department and in an amount of 125% of the buffer's value, shall also be required. The guaranty must remain continuously in effect for a period of two years, at which time the Department shall inspect the buffer to determine its viability. If the Department is satisfied that the buffer is viable, it shall release the guaranty. Any dead or dying material shall be replaced, and the Department shall withhold a portion of the guaranty that it deems sufficient to defray the cost of such replacement for an additional period of two years. Upon reinspection of the replaced material, if the Department is satisfied that the buffer is viable, it shall release the guaranty. Notwithstanding the foregoing, the Department reserves the right to inspect and require replacement of the buffer or any portion thereof for the duration of the life of the solar energy system, at the owner's sole cost and expense. The owner's failure to maintain the buffer as aforesaid shall constitute a violation of this chapter and shall, among any other remedies, entitle the County to revoke any special exception which has been granted as well as any certificate of occupancy.

A vegetative ground cover shall be provided within the solar array. The ground cover shall consist of species native to Dorchester County. Species deemed to be invasive or noxious shall be prohibited.

If the proposed solar energy system receives approval by the Board of Zoning Appeals, the applicant shall obtain a building permit from the County and comply with all standards and requirements therein. Additional submittals may be required by other County departments and/or state agencies.

Code compliance. A solar energy system shall comply with all applicable provisions of this Code, including, but not limited to, applicable building and electrical codes.

Utility notification and interconnection. A solar energy system that connects to an electric utility shall comply with applicable state laws and regulations.

Noise. A solar energy system shall comply with Chapter 115, Noise, of the County Code, as well as all noise regulations promulgated by the Maryland Department of the Environment.

An accessory solar energy system shall be allowed in all zoning districts and shall not be subject to the regulations set forth in this section; provided, however, that an accessory solar energy system shall obtain a County building permit prior to installation.

When a Certificate of Public Convenience and Necessity from the Maryland Public Service Commission is sought to construct a solar energy system in the County, a representative from the Department shall attend all meetings and hearings relating thereto. Additionally, the representative shall provide comment to the Maryland Public Service Commission regarding the proposed system and its compatibility with this section.

Decommissioning.

A decommissioning plan is required to be submitted and approved by the Department prior to the application for a building permit. Amendments to the plan prior to decommissioning must also be approved by the Department.

The owner must notify the Department in writing of an intent to decommission at least 45 days in advance. Once the written notice of intent to decommission has been filed with the Department, it may not be revoked.

Decommissioning must begin within three months of either of the following conditions, unless a plan for its continuing use has been provided to, and approved by, the Department:

The solar energy system has been damaged to such an extent that it will not be replaced or repaired; or

Upon the abandonment of the solar energy system by the owner, as determined by the Department.

Decommissioning shall be completed within one year of the filing of the notice of intent to decommission, unless decommissioning is being conducted by the County.

Following decommissioning, the Department shall perform an inspection of the property(ies) to determine adequacy of the decommissioning and adherence to the decommissioning plan before any financial surety will be released.

Decommissioning plan elements must include, but are not limited to:

Decommissioning cost estimates;

Removal of all aboveground structures including, but not limited to: solar panel arrays, inverters and transformers, concrete pads, internal roads materials, fencing and other debris;

Removal of underground wiring and other structures;

A plan for decommissioned material that includes reclamation, salvage, recycling and disposal;

Restoration of the property(ies) to a similar or better condition than at the time of installation, including, but not limited to, reseeding, tilling, or reforesting;

An approved bond or other financial guaranty for the approved estimated cost for decommissioning; and

If the land on which the proposed solar energy system is to be located is leased, a copy of the lease agreement between the lessee and lessor.

A decommissioning cost estimate must accompany the decommissioning plan and be prepared by a Maryland licensed engineer at the owner's sole cost and expense. The decommissioning cost estimate must be updated every five years or upon a change in either the lessee or lessor of the property, if applicable, by a Maryland licensed engineer at the owner's sole cost and expense and submitted to the Department. If the change in the estimated cost of decommissioning exceeds the current bond or other financial guaranty, then the bond or other financial guaranty must be increased to reflect the new estimated costs. Before decommissioning can begin, a decommissioning cost estimate must be prepared by a Maryland licensed engineer, at the owner's sole cost and expense, regardless of the amount of time that has passed since the prior cost estimate. If the change in the estimated cost of decommissioning exceeds the current bond or other financial guaranty, then the bond or other financial guaranty shall be increased to reflect the new estimated costs. The Department may prepare its own decommissioning cost estimate, with all costs to be borne by the owner. No calculation of components or material shall be sold as a profit and/or consideration of value.

Financial surety.

Once a decommissioning cost estimate has been determined and approved by the Department, the owner shall provide a performance bond or other financial guaranty, in a form acceptable to the Department, in the amount of the estimated decommissioning cost and which must remain continuously in effect until decommissioning has been completed and approved by the Department. Such bond or other guaranty shall not be subject to termination for any reason, including but not limited to the owner's financial condition, nonpayment of bond premium or assignment or sublease of the land or solar energy system. The bond or other guaranty must be amended in accordance with the decommissioning cost estimate prepared every five years.

The Department shall not issue a building permit for the solar energy system until the decommissioning plan and estimated decommissioning cost have been determined and approved as provided hereinabove and the approved bond or other financial guaranty is effective and has been tendered to the County.

The owner's failure to continuously maintain in effect an approved bond or other financial guaranty for the approved estimated cost shall constitute a violation of this chapter and shall, among any other remedies, entitle the County to revoke any special exception which has been granted as well as any certificate of occupancy.

Public Service Commission. Any owner seeking to construct a solar energy system for which an approval from the Maryland Public Service Commission is required under of the Annotated Code of Maryland Public Utilities Article § 7-207.1, of the as amended, shall obtain such approval from the Maryland Public Service Commission and provide documentation thereof to the County prior to construction of, and being issued a permit for, the solar energy system.

MM.

Produce market.

[Added 7-15-2014 by Bill No. 2014-8]

General requirements.

A produce market shall be located on a parcel of land of at least three acres. The floor area of the portion(s) of the principal structure devoted to the indoor sale and display of consumer agricultural products shall not exceed 15,000 square feet. Accessory structures utilized in connection with the retail operation shall not exceed a total of 12,000 square feet, which limitation shall not apply to accessory structures also associated with agricultural production, including greehouses. Structures not utilized in connection with the retail operation shall not be subject to any size limitation under this § 155-50MM.

The sale of snack foods or prepackaged foods and drinks and limited food preparation related items, such as baked goods, ice cream, sandwiches, soups, barbeque, or salads, is permitted for consumption on- or off-premises. A produce market may include seating areas for food consumption, but may not include a full-service, sit-down restaurant.

Retail sales of merchandise other than consumer agricultural products are permitted, provided that the annual retail sales of such goods shall not exceed 30% of the total annual revenue generated by the produce market. Such merchandise may include, but is not limited to, produce market-branded products, seasonal decorations, mulch, compost, fertilizer, straw, gardening merchandise, and other similar or related products.

Agritourism and agritainment activities and promotional or special events, private or public, are permitted without limitation. Such activities and events may include, but are not limited to, seasonal festivals, product tastings, harvesting, cooking, or processing demonstrations, farm-to-table events, catering, pick-your-own fruits and vegetables, cut-your-own christmas trees, interactive animal displays, seasonal outdoor mazes of agricultural origin (corn, milo, or straw bales), children's play areas, wagon and tractor rides, market tours, field trips, classes, meetings, parties, and picnics, bonfires and other similar activities, events and experiences.

The minimum setback from any lot line for a principal structure and any accessory structures associated with the retail operation shall meet the principal structure minimum yard depth requirements (setbacks) for the zoning district. Produce markets that are within 100 feet of an existing residential dwelling on an adjacent lot or parcel shall be screened unless the required screening is waived by the owner of the adjacent residence in a writing recorded among the land records of Dorchester County. If required, the screening shall consist of a vegetated buffer that will form a landscaped strip at least 50 feet in depth. This screening shall be maintained with a buffer of plant material (trees and shrubs) that will effectively screen year-round (to a minimum height of eight feet above ground level at maturity) the view of the produce market principal structure(s) and parking area from such dwelling. If the landscape buffer would provide little or no benefit due to existing conditions, such as but not limited to existing forest, woodland or wetlands, the Planning Commission may reduce or waive this screening requirement.

On-site parking shall be provided in accordance with Article XI, Parking and Loading. The number of parking spaces provided shall be one space per 300 square feet of principal building area. One space shall also be provided per two employees. Additional parking for promotional or special events may utilize temporary overflow parking areas, which need not be surfaced in gravel or asphalt.

On-site signage shall be in accordance with Article XII, Signs. One nonilluminated on-site freestanding sign advertising the produce market use is permitted. The maximum freestanding sign area shall not exceed 32 square feet, and the maximum sign height shall not exceed eight feet. One flat wall sign not to exceed 32 square feet is also permitted. Temporary on-site signs may be used to provide directions and wayfinding for parking, pedestrians, and u-pick and seasonal activities. Produce-related sculptures and displays are permitted without limitation.

Vehicular access to the produce market shall connect directly to a public road designated by the County as a major or minor collector road, or a limited-access roadway.

The produce market shall not interfere with the implementation of soil conservation and water quality best management practices and shall minimize impacts to sensitive natural resources on site, such as floodplains, wetlands and stream buffers.

The produce market shall be operated in accordance with all local, state, and federal laws.

The appearance of the primary structure(s) utilized for the produce market shall be compatible with the rural character of the surrounding area.

NN.

Retreat center or camp.

[Added 4-7-2015 by Bill No. 2015-3]

General requirements.

A retreat center or camp must be located on a parcel or parcels of land consisting of at least 700 contiguous acres, either owned or leased by the operator.

A retreat center or camp may not be utilized by the general public for meals or overnight accommodations.

Food services shall be limited to the operation of the retreat center or camp and shall be provided only for program participants and staff. The sale of individual meals may be offered only to family members or guardians of program participants.

Recreational activities may include sports (ball fields, volleyball, tennis and basketball courts); arts and crafts; adventure and ropes courses; climbing walls and towers; swimming pools; water slides; zip line trails; swings; hiking, biking, equestrian and ATV trails; equestrian activities, go-cart courses; and other activities having similar impacts or characteristics. All structures and improvements typically associated with such activities or uses are permitted. Subject to compliance with any approval conditions, archery or shooting sports may be conducted as part of a retreat center or camp if such activities are specifically approved by the board of appeals.

Principal kitchen and dining facilities shall be in centrally located building(s), but staff housing units may have their own self-contained kitchens.

Housing for participants may include such accommodations as lodges, cabins, dormitories, tents, campgrounds, and other temporary quarters.

Housing for staff may be provided in any accommodations listed in Subsection NN(1)(f) or in permanent residences.

The number of overnight participants that may be accommodated per retreat center or camp shall be determined by the Board of Appeals, but shall not exceed 800 camp participants. However, if approved by the county Board of Appeals, the number of overnight participants of a retreat center or camp may exceed the approved number for up to eight nights during any calendar year.

A commercial campground shall not be established in conjunction with a retreat center or camp. Recreational vehicles may be occupied by staff or volunteers for a continuous period not to exceed 150 days, provided that the recreational vehicles are:

Not visible from any public road; and

Removed from the property immediately following such occupancy.

No retreat center or camp participant (excluding staff and volunteers) may remain on the property for more than 30 days in any calendar year. The intent of this section is to allow short-term recreational occupancy of the property and to prohibit extended residency by individuals other than staff or volunteers.

The following structures and uses are also permitted: general stores and snack bars for service to participants, staff and volunters only; bathing facilities; laundry facilities; recreational facilities; camp activity buildings; covered pavilions; administrative, maintenance and storage buildings; permanent structures for administrative services, first aid, equipment and supply storage; infirmary, which may provide sleeping quarters for the medical care provider, (e.g., doctor, registered nurse, emergency medical technician, etc.); and other structures and uses accessory to the retreat center or camp use.

Management of the property shall provide twenty-four-hour on-site supervision during operation of the retreat center or camp. Management of the property shall maintain an up-to-date register indicating the names of participants, and the assigned lodging, permanent address, and dates of arrival and departure.

(m)

Site plan approval is required for the establishment of any new retreat center or camp. Retreat center or camp structures shall comply with the setbacks of the applicable zoning district(s), except that the Board of Appeals may establish greater setbacks for ATV trails, go-cart courses and shooting ranges when approving or modifying a special exception authorizing the retreat center or camp use. The retreat center or camp shall minimize impacts to sensitive natural resources on the site such as floodplain, wetlands, stream buffers or waterways.

(n)

A retreat center or camp does not include any manner of detention center, detention facility or substance abuse rehabilitation facility.

OO.

Guest cottage.

[Added 12-17-2024 by Bill No. 2024-10]

General requirements.

Guest cottages shall not be used as a permanent residence or for rental other than for guests attending events at the principal structure.

Guest cottages shall be located on the same parcel as the principal structure.

The parcel must be a minimum of 20 acres in size.

Each guest cottage shall be a maximum of 400 square feet.

No more than a total of 15 guest cottages shall be allowed on a parcel unless otherwise approved as a special exception by the Board of Appeals.

Site plan approval from the Planning Commission is required.

Guest cottages shall be approved for habitation by the Health Department.

PP.

Rural event venue.

[Added 12-17-2024 by Bill No. 2024-10]

General requirements.

Site plan approval from the Planning Commission is required.

All sanitary and health facilities shall be approved by the Health Department.

In those districts in which a rural event venue is permitted by special exception, events shall take place no more than 12 days per calendar year, and no outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.

In those districts in which a rural event venue is permitted by special exception, the Board of Appeals shall decide the number of guests allowed on the property for events, as well as the required setbacks for structures, parking, outdoor areas, and other venue facilities.

Editor's Note: See the Table of Permitted Uses by Zoning District, located at the end of this chapter.

Dorchester County Unincorporated
City Zoning Code

ARTICLE IX

Supplementary Use Regulations

§ 155-50 Supplementary use regulations.

The following supplementary use regulations apply in addition to the requirements of the applicable zoning district and any requirements in the Table of Permitted Uses.[1]

Accessory uses and structures.

General requirements.

No accessory structure shall be located in any required front yard, except for the following:

Fences and walls, subject to § 155-50A(4).

Signs.

Bus and mailbox shelters.

Pump houses less than three feet in height and 20 square feet in area.

Satellite dishes with a diameter of one meter or less.

[Amended 6-13-2000 by Ord. No. 278]

Size of residential accessory structures.

[Amended 1-9-2001 by Ord. No. 291; 8-21-2001 by Ord. No. 297; 3-5-2024 by Bill No. 2024-3]

Residential accessory structures, excluding swimming pools, shall adhere to the following size limitations in the following districts:

Lot Size (acres)	Allowable Square Footage of Accessory Structure
Up to 1.99	Not to exceed 200% of the building footprint of the principal residential structure
2 to 4.99	Not to exceed 300% of the building footprint of the principal residential structure
5 and above	Not to exceed 500% of the building footprint of the principal residential structure

Editor's Note: The Table of Permitted Uses by Zoning District is included at the end of this chapter.

[Amended 9-24-2002 by Ord. No. 307; 6-1-2021 by Bill No. 2021-9]

Construction has begun on the principal structure to the point of putting in place footings and foundation members, provided that construction of the principal structure is diligently pursued;

The accessory structure is a shore protection device, pier, jetty or boat ramp or fence;

The accessory structure is 300 square feet or less in area and is used for storage of equipment related to the maintenance or use of the parcel;

The Board of Appeals finds, upon application, that the accessory use or structure meets the general, and specific, standards, if applicable, for granting a special exception.

[Amended 12-19-2000 by Ord. No. 289]

Fences and walls.

Fences and walls do not require a building permit.

Fences and walls are not subject to setback requirements from public ways and adjoining lots, but they are subject to the traffic visibility requirements of § 155-47 of this chapter.

The maximum permitted height of fences and walls is as follows:

Location	B and I Districts (feet)	All other Districts (feet)
Front yard	6	3.5
Side or rear yard	8	6
Within 60 feet of shoreline	4	4

A secure fence at least four feet in height shall enclose any in-ground swimming pool located within 200 feet of any adjoining property line or public way.

Agricultural fencing (post and wire with open construction) used on a farm for containment of livestock or as pasturage is exempt from any height requirements.

[Added 6-13-2000 by Ord. No. 281]

Security fencing for communication towers and compound areas shall be a minimum of eight feet in height and shall not exceed 12 feet in height.

[Added 4-16-2002 by Ord. No. 304[3]]

Adult entertainment centers.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

Adult cabaret.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

Editor's Note: See Ch. 121, Property Maintenance.

Airfields.

No property line or public way shall be less than:

Fifty feet from each end of the runway for each 250 feet of runway length, but in no event less than 1,000 feet.

Two hundred feet on each side of the landing strip for each 1,000 feet of landing strip, but in no case less than 500 feet.

No dwelling unit shall be permitted within the area described by the above setbacks.

No airfield shall be located on a lot less than 100 acres in size.

Airstrips and heliports.

Setbacks. No property line or public way shall be less than 200 feet from each end of the landing strip or 250 feet from the center line of the landing strip on each side.

Glide slope; landing strip.

The cleared area for a landing strip shall be no less than 300 feet wide.

Other.

Apartments and single-family attached units, including townhouses.

Minimum development size: one acre.

Maximum density.

Single-family attached: 8 units per acre.

Apartments: 15 units per acre.

When calculating density, parts of an acre shall be rounded down to the nearest quarter acre.

Lot size.

Apartment and other single-family attached: no minimum.

Townhouse:

Minimum lot width: 18 feet.

Minimum lot depth: 60 feet.

Structure setbacks: apartments and single-family attached units.

From roads:

From limited access, collector or local roads: See Density, Lot Size and Bulk Regulations Table.[5]

Editor's Note: Said table is located at the end of this chapter.

From internal access roads:

Front or side: 20 feet.

Rear: 40 feet.

From adjoining properties: 50 feet.

Between buildings:

Face to face: 30 feet.

Face or rear to side: 30 feet.

Side to side: 15 feet.

Rear to rear: 60 feet.

Rear to face: 100 feet.

Access roads. Apartments and single-family attached developments are considered to be multiple uses subject to the access requirements of § 155-48.

Architecture.

No more than eight and no less than three townhouses are permitted in a row.

Critical area. Apartment and single-family attached units located in the Critical Area Protection District shall meet all the requirements of that district.

Aquaculture.

Setbacks.

All impoundments or structures used for aquaculture shall be located at least 200 feet from a public way or property line, except for water-dependent facilities permitted in the tidewater buffer.

In the AC, AC-RCA, RC and RR-C Districts the Director of Planning may reduce the setback required under Subsection H(1)(a) to 100 feet, provided that:

The impoundment or structure is at least 200 feet from any public way;

There are no existing dwellings on neighboring properties within 200 feet of the proposed impoundment or structure; and

All property owners whose property lines will be less than 200 feet from the impoundment or structure grant written notarized consent for the reduced setback.

Retail sales. In business and industrial districts retail sales are permitted.

Bed-and-breakfast homes.

An approved building permit or certificate of use from the Dorchester County Planning Office is required.

Parking.

Parking for guests shall be located to the rear of the site unless an alternate location will further the intent of these regulations.

Parking that is located within 20 feet of a property line shall be screened or adequately buffered from public roads and neighboring properties.

Man-made impervious surfaces shall be the same as the impervious surface restrictions cited in Article VII, § 155-38O.

Adequate and safe public road access; and

Adequate screening and buffering.

J.1.	Bus shelters. [Added 6-13-2000 by Ord. No. 274]
	(1)	The shelter shall not be located within a state or county right-of-way.
	(2)	The shelter shall not exceed one story height or 120 square feet in area.
	(3)	The location of the shelter must be approved by the local Board of Education and/or designee or public transportation authority.
	(4)	Permit for shelter is subject to renewal after five years.

Campgrounds.

The site shall contain at least 10 acres.

In no event shall any campsite be occupied as place of primary residence or domicile.

Each campground shall provide facilities for sanitary and health purposes in accordance with Health Department requirements.

All campsites and other facilities shall be at least 200 feet from property lines. Adequate screening shall be provided between the campsites and property lines.

Garbage and trash collection shall be provided in such numbers and at such locations so as to provide convenient access for patrons and provide adequate ingress/egress in commercial campgrounds.

Off-street parking shall be provided in accordance with Article XI.

All enlargements or extensions to existing campgrounds shall conform to these requirements.

Commercial shedding operations.

Setbacks. All devices or structures related to commercial shedding must meet the following setbacks:

AC, AC-RCA, B-1, B-2, RR and RR-RCA Districts: 100 feet from a property line or public way, except for water-dependent facilities permitted in the tidewater buffer.

RC and V Districts:

One hundred feet from limited access or major collector roads.

Fifty feet from all other roads.

Twenty-five feet from rear and side property lines.

Sixty feet from the shoreline, except for those water-dependent facilities permitted in the tidewater buffer.

I-1, I-2, RR-C, SR and SR-RCA Districts: 200 feet from a property line or public way, except for those water-dependent facilities permitted in the tidewater buffer.

On-premise sales. On-premise sales are permitted except in the RR-C, SR and SR-RCA Districts.

Communication antennas attached to existing buildings and structures.

Types of antennas. Types of antennas permitted under this category are limited to the following:

Omni-directional or whip antennas extending no more than 20 feet above the structure to which attached.

Panel antennas no more than 2 feet wide and 6.5 feet long extending no more than 20 feet above the structure to which attached.

Microwave dish antennas no more than eight feet in diameter.

Dish antennas mounted on a building must be located or screened so that they are not visible from public ways.

Antennas shall be gray or a color that minimizes visibility and consistent with FCC or FAA regulations.

Communication equipment buildings. Communication equipment buildings are subject to the following requirements:

Maximum floor area: 600 feet.

Maximum height: 12 feet.

Ground level buildings must be screened by landscaping or fencing.

Equipment buildings on roofs must have a similar finish to the exterior building walls, so that the equipment building looks like the main building.

No lights or signals are permitted unless required by the FCC or the FAA.

Communication towers.

[Amended 6-13-2000 by Ord. No. 277; 4-16-2002 by Ord. No. 304[6]]

Communication towers permitted as a permitted principal use. Where permitted as a permitted principal use, communication towers shall meet the following requirements:

Height limit.

Home television towers serving single-family dwelling units or towers owned and/or operated by private businesses for uses other than the provision of communication services to the public: 65 feet.

All other towers: 600 feet. The Board may not grant a variance to this.

Setbacks.

From lots zoned B-2, I-1 or I-2 and not containing dwellings: greater of 50 feet or one-third the tower height (including antennas and lighting rods)

Towers shall be gray or similar color unless required otherwise by the FCC, or FAA.

Towers on government property must be designed to accommodate more than one user.

The applicant must demonstrate that the application meets the following criteria, unless the applicant can demonstrate to the satisfaction of the Board why said criteria are infeasible:

The tower to be erected is of monopole style.

The tower height is no higher than necessary to ensure effective service for the relevant service area, but in no case shall exceed 200 feet. The Board may not grant a variance to this.

No sign or light is placed on the tower other than those required by the Federal Aviation Administration (FAA) or Federal Communication Commission (FCC).

The applicant shall submit to the Board of Appeals professionally prepared computer simulated photos of the viewshed, which accurately depict the visual impact of the proposed tower.

Home-based contractors.

Home-based contractor occupations as an accessory use. Home-based contractor occupations which meet the following requirements are permitted accessory uses in all districts:

Operation.

A home-based contractor occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

A home-based contractor occupation shall be conducted by persons residing in the dwelling.

Parking; storage; vehicle repair.

The total area used for storage of equipment and supplies shall be limited to no more than 2% of the gross lot area or 1,000 square feet, whichever is less.

The total number of commercial vehicles that may be parked in association with the use shall be as follows:

On a lot smaller than 40,000 square feet, no more than one commercial vehicle.

On a lot 40,000 square feet or larger, no more than two commercial vehicles.

All supplies and equipment shall be stored within buildings.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting and similar activities.

Special exception standards for home-based contractors. Where home-based contractors are permitted as a special exception the following regulations apply:

Operation.

The location and design of the operation shall be such that the use shall not be a nuisance to neighboring properties due to noise, odors, fumes, dust, vibration or electrical interference.

The use shall not result in damage, deterioration or increased hazards on any public way or shared driveway providing access to the site.

The Board shall determine the following:

The hours of operation;

The number of employees allowed to visit or be dispatched from the site; and

The permitted frequency of employee trips to and from the site.

Parking; storage; vehicle repair.

The total area used for storage of equipment and supplies, whether outdoors or indoors, shall be limited to the following:

On a lot smaller than 40,000 square feet, no more than 2% of the gross lot area or 800 square feet, whichever is less.

On a lot between 40,000 square feet or larger, no more than 5% of the gross lot area.

Commercial vehicle parking shall be as follows:

On a lot smaller than 80,000 square feet, no more than two commercial vehicles may be parked.

On a lot 80,000 square feet or larger, the Board shall determine the number of commercial vehicles that may be parked.

Parking and other outdoor uses shall be completely screened from surrounding properties and roads by vegetation, fencing or other appropriate means.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting and similar activities.

Home occupations.

The area of the residence devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling or 800 square feet, whichever is less.

A home occupation shall be located entirely within the dwelling. For the purpose of this subsection, accessory structures, including detached garages, are not considered to be part of the dwelling.

A home occupation shall not alter the residential appearance and character of the dwelling or the lot.

No more than two vehicles may visit the home occupation at any one time.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

Off-street parking shall be provided in accordance with Article XI.

Financial transactions are permitted.

A home occupation shall be conducted by persons residing in the dwelling.

Home occupations may include the uses listed below, as well as other uses which comply with all requirements of this section:

Art or handcraft studios.

Barber.

Beauty parlor.

Business or professional offices.

Catering, subject to Health Department approval.

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

Dressmaker, seamstress, tailor and similar uses.

Mail-order or telephone sales.

Shoe repair.

Repair services for computer hardware, clocks, jewelry, cameras, guns and similar uses.

Tutoring.

Typing and computer services.

The following uses are not permitted as home occupations:

Commercial agriculture.

Engine repair.

Manufacturing and processing operations, other than production of handcrafts and similar activities.

Repairs of vehicles including body work, engine rebuilding, painting and similar activities.

Restaurants.

Special exception standards for home occupations. Where home occupations are permitted as a special exception the following shall apply:

Home occupations may include the uses listed below, as well as other uses which comply with all requirements of this section, as determined by the Board of Appeals:

[Amended 9-14-2004 by Bill No. 2004-21]

Art or handcraft studios.

Barber.

Beauty parlor.

Boat building.

Business or professional offices.

Catering, subject to Health Department approval.

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

Dressmaker, seamstress, tailor and similar uses.

Mail-order or telephone sales.

Shoe repair.

Repair services for computer hardware, clocks, jewelry, cameras, guns and similar uses.

Tutoring.

[13]

Typing and computer services.

A home occupation shall be located entirely within a dwelling, an accessory building, or both. The size of the home occupation shall be as follows:

The area of the residence devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling.

An accessory building used for the home occupation must be compatible in scale, character and appearance with the residential character of the site and the neighborhood.

A home occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

The home occupation shall be conducted by persons residing in the dwelling. In addition the Board may permit up to two nonresident employees to work on the lot in connection with the home occupation.

Off-street parking areas for employees, customers or clients shall be screened from public roads and neighboring properties.

Temporary overnight lodging in association with hunting, fishing and camping.

[Amended 9-24-2002 by Ord. No. 313]

No TOLU shall be placed on property for a period of time exceeding 30 days per year until a current and valid zoning permit has been issued by the Department to the current owner or lessee.

The following criteria must be met before the Department may issue a zoning permit for a TOLU:

Each TOLU must be less than 600 square feet in area, exclusive of any addition(s).

No addition to a TOLU may have enclosed sides or a permanent impermeable floor.

Portable toilets.

For the purpose of this subsection, the term "portable toilet" shall mean a commercial full-sized enclosed temporary toilet facility leased and serviced by a commercial provider of such toilets.

There must be at least one portable toilet on the subject parcel for each five or fewer TOLU's located on a parcel.

Each portable toilet must be commercially pumped and serviced not less than twice per month for each month or portion of a month during which the applicable TOLU's are occupied.

Existing sanitary waste systems which meet the same standard noted above may be approved by the Director in his discretion. However, the same servicing and recordkeeping requirements must be met.

There shall be adequate off-street parking based on the following formula: one and one-half parking spaces for each TOLU.

All TOLU's and parking areas shall be suitably screened or buffered from adjoining uses and public ways. The Director may require relocation of TOLU's and associated parking places for this purpose.

The Director shall assign and permit a number of TOLU's within the applicable ranges noted below based on screening, proximity of neighbors, forestation and any other relevant criteria:

Parcel Size (acres)	Maximum Number of TOLU's
Up to 1	2 to 6
Between 1 and 2	4 to 8
Between 2 and 3	6 to 10
Between 3 and 4	8 to 12
Between 4 and 5	10 to 14
Over 5	10 to 15

No TOLU shall be permitted within a residential subdivision or neighborhood unless it is placed a minimum distance of 1,000 feet from any dwelling located on a neighboring lot or parcel.

No other building or structure shall be erected or located as an accessory structure to a TOLU.

TOLU's placed on property in excess of 180 consecutive days must comply with the Dorchester County Floodplain Management Ordinance, when applicable.

A zoning permit may be revoked at any time by the Director on the basis that the TOLU appears to be used in violation of the intent of this section. Such violations would include, generally:

Use of the TOLU as a dwelling unit, as defined in § 155-13.

Violation of any of the stated criteria.

Violation of any of the zoning permit conditions.

No TOLU shall be permitted as an accessory to a dwelling unless permitted elsewhere in this chapter.

A zoning permit for a TOLU is not transferable.

Industrial uses and planned industrial parks.

Applicability. The standards and criteria in this subsection apply to the following industrial uses:

Chemical, physical and biological laboratories;

Manufacturing or processing plants and facilities, as listed individually in the Table of Permitted Uses;[7]

Editor's Note: See the Table of Permitted Uses by Zoning District, located at the end of this chapter.

Planned industrial parks; and

Warehousing, miniwarehousing and storage and distribution facilities, as listed individually in the Table of Permitted Uses.

General criteria.

Maximum permitted coverage by impervious surfaces: 80%.

Internal circulation and ingress and egress onto roads shall be adequate to accommodate anticipated traffic.

The visual impact of large structures shall be softened through means such as:

Retaining natural buffers, especially tree stands, for structures and parking;

Providing deep setbacks from roads for large structures; and

Creating natural features on the site.

Native trees and plantings should be used wherever possible.

Lighting shall be appropriate in scale and intensity for the site and the vicinity and shall be directed away from adjacent properties.

Accessory structures such as dumpsters, aboveground tanks, meters, etc., shall be appropriately screened or landscaped.

Adequate and safe pedestrian access shall be provided where appropriate.

Specific criteria for planned industrial parks.

Minimum land area for a planned industrial park: 50 acres.

Minimum lot size for lots within the park: three acres.

Maximum lot coverage by buildings on any lot: 50%.

Minimum open space requirement: 15%.

Minimum building setback from any AC, RC, RR, SR or V District: 100 feet.

Permitted uses.

In the districts where planned industrial parks are permitted, uses that are permitted as a matter-of-right, by special exception or as accessory uses may be conducted within the park.

Any use which would normally require a special exception must still be granted a special exception by the Board of Appeals before it may be conducted within the park.

Any supplementary use requirements applicable to a specific use shall apply to that use if conducted within an industrial park.

Access.

A planned industrial park shall have adequate access to a limited access or major collector road.

Interior streets shall have a right-of-way of at least 60 feet and shall be provided with an all-weather pavement, curb and gutters.

Open space. Open space and unpaved areas within a site or the park shall be landscaped and maintained.

Inns.

Adequate and safe public road access shall be available.

Junk and salvage yards.

Kennels. Where a kennel is approved by special exception, the following requirements shall apply:

Area, setback requirements.

	Number of Dogs, Not Including Dogs Under 6 Months of Age
	7 to 10	More than 10
Minimum lot size	3 acres	5 acres
Minimum setback for any outside pen or run	50 feet	200 feet
Minimum structure setback from any lot line	30 feet	200

Other requirements.

All outside pens and runs, and all buildings as appropriate, shall be screened by landscaping or other suitable means from adjoining properties and public ways.

Disposal of wastes shall be such that odors or other emissions are not perceptible at lot lines.

Land clearing debris landfills and rubble landfills. Land clearing debris landfills and rubble landfills are subject to the following requirements:

	Land Clearing Debris Landfills and Rubble Landfills
	Commercial	Private
Permitted districts	AC, I-1, I-2 via a floating overlay district	AC, I-1, I-2 by special exception
Application to	County Commissioners	Board of Appeals
Application requirements	Zoning application plus other requirements pursuant to § 155-40	Special exception application, plus preliminary site plan, and plan of operation
Disposal area setback	300 feet, or less if the County Commissioners find appropriate	300 feet, or less if the Board finds appropriate
Buffer around the operation	100-foot deep landscaped buffer or alternative means	100-foot deep landscaped buffer or alternative means
Security fence	Required	Required
Number of trucks	Per plan of operation	The Board may limit
Height limit above average natural grade	75 feet	50 feet
Associated equipment for washing, sorting, etc.	Permitted per plan of operation	Not permitted
Hours of operation	Per plan of operation	The Board may limit

Manufactured homes. Manufactured homes, including manufactured homes used as additions, are permitted as follows:

In all districts where new single-family detached dwellings are permitted, provided that they meet the following standards:

Are built on permanent foundation;

Have a gabled roof with a minimum roof pitch of 4/12;

Have a minimum floor area of 960 square feet;

The minimum width of the main structure unit is no less than 24 feet for a continuous distance of 40 feet;

Have brick walls or lap or other conventional-type of residential siding; and

Have a shingle or other conventional-type of residential roof.

Manufactured homes, including mobile homes and manufactured homes used as additions, that do not meet the above standards are permitted only as follows:

Manufactured home overlay districts. On lots in manufactured home overlay districts designated on the Official Zoning Maps.

Farm manufactured homes. On farms, provided that such homes:

Are located only on a farm as defined in this chapter.

Are occupied by:

The owner(s) of the farm;

Immediate family members; or

Person(s) employed on the farm.

Are removed when no longer occupied as a residence; and

The person in need of care, attention and supervision is related to the applicant.

The applicant for the special exception will be responsible for the required care, attention and supervision.

The person in need of care, attention and supervision for practical reasons, financial or otherwise, is unable to reside elsewhere and receive the same services.

The manufactured home shall be located within 200 feet of the principal residence on the premises and shall meet the principal structure setbacks of the zoning district where the home is located.

The manufactured home shall be removed within 60 days after the person in need of care, attention and supervision dies, permanently vacates the premises or becomes capable of self-care.

Replacement of manufactured home. On lots as a replacement for a mobile home as defined in Article II, subject to the following:

Before issuing a building permit for a replacement manufactured home the Director of Planning shall be satisfied that the mobile home to be replaced is legally existing.

A replacement manufactured home shall be placed approximately where the former home was located or, if the former home was nonconforming, in a more conforming location.

Temporary or emergency housing. On lots as temporary or emergency housing subject to § 155-50GG(3)(b).

Manufactured home parks. In manufactured home parks subject to the supplementary use regulations for manufactured home parks.

Manufactured homes on individual lots, subject to the following:

[Added 3-2-1999 by Ord. No. 260]

The lot or parcel was zoned to permit a manufactured home by right prior to January 1, 1999.

The lot or parcel was approved for sanitary waste disposal by the Dorchester County Health Department prior to January 1, 1999.

A building permit to place the manufactured home on the lot or parcel must be issued prior to June 30, 1999.

All other conditions, restrictions and limitations which apply to the erection of a dwelling unit must be satisfied.

Relocated manufactured homes: on lots, subject to the following conditions:

[Added 1-9-2001 by Ord. No. 290]

The Board of Zoning Appeals grants a variance to relocate the manufactured home.

The manufactured home to be relocated meets all of the standards set forth in § 155-50X(1), with the exception of Subsection X(1)(b) (roof pitch).

All other conditions, restrictions and limitations which apply to the erection of a dwelling unit must be satisfied.

Manufactured home parks. Manufactured home parks shall conform to the following provisions:

Approvals.

Approval of a manufactured home park shall be by special exception in accordance with § 155-20C(1)(b).

A site plan shall be approved by the Planning Commission.

Density, area requirements.

Manufactured home parks located in the Critical Area Protection District shall meet all the requirements of that district.

Each home site, plot or location in a manufactured home park shall contain not less than 7,500 square feet.

Manufactured homes, together with other buildings on the lot, shall not occupy in the aggregate more than 25% of the area of the lot.

No manufactured home shall be located within 20 feet of any other manufactured home or building in the park, except for utility buildings.

Manufactured homes shall be located not less than 60 feet from all property lines and public ways.

Site development.

No manufactured home shall have direct access onto a county or state road.

Parking shall not be allowed on internal access drives.

The manufactured home park owner shall provide central refuse collection and removal for residents.

Other requirements.

Recreational vehicles shall not be occupied as living quarters within a manufactured home park.

No manufactured home shall be used exclusively for storage purposes.

Accessory uses and structures.

Accessory uses and structures in manufactured home parks are subject to the requirements of § 155-50A.

Enlargements; extensions.

All enlargements or extensions to existing manufactured home parks shall require an application for a building permit as if it were a new establishment.

No enlargement or extension to any manufactured home park shall be permitted unless the existing manufactured home park is made to conform substantially to all the requirements for new parks.

Massage parlors.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

AA.

Material storage yards. Where material storage yards are approved by special exception the Board of Appeals may require a setback of up to 100 feet from any property line or right-of-way.

BB.

Mineral extraction activities.

Any building housing power-driven or power-producing machinery or equipment shall be set back at least 100 feet from all adjacent property lines and public ways.

The extractive operations shall be confined to areas at least 50 feet distant from all adjoining property lines and public ways.

CC.

Planned Unit Developments (PUD's).

Minimum development size. Twenty acres, or 5 acres for PUD's where at least 75% of the dwelling units will be housing for elderly persons.

Permitted uses.

Range of uses. Planned unit developments may incorporate uses from the following three use categories identified in the Table of Permitted Uses by Zoning District:

Residential;

Commercial business and personal services that are permitted in the B-1 District; and

Commercial retail uses that are permitted in the B-1 District.

Procedure for approval of specific uses.

Area limitations within a planned unit development.

Nonresidential. A maximum of 20% of the total land area of a planned unit development may be used for nonresidential uses.

Lot size. No minimum requirement.

Setbacks.

From roads.

From limited access, collector or local roads: See Density, Lot Size and Bulk Regulations Table.[8]

Editor's Note: Said table is located at the end of this chapter.

From internal access roads.

Front or side: 20 feet.

Rear: 40 feet.

From adjoining properties: 50 feet.

Between buildings: 15 feet.

Access roads. Planned unit developments are considered to be multiple uses subject to the access requirements of § 155-48.

Application requirements.

In addition to a site plan, the following additional information is required:

A location map showing the relation of the site to property in the vicinity of the site.

The proposed traffic circulation system, including the general location of proposed roads and points of access to existing roads.

Land uses that the applicant proposes to be permitted within the planned unit development [see § 155-50CC(4)].

A draft of any proposed incorporation agreements and a draft of any bylaws or easement declarations concerning ownership, control and maintenance of recreational and other common facilities.

(12)

Approval requirements.

No such use is permitted within 600 feet of:

Any zoning district where the use is not permitted; or

A municipal boundary.

The structure is at least 200 feet from any public way;

There are no existing dwellings on neighboring properties within 200 feet of the proposed structure; and

All property owners whose property lines will be less than 200 feet from the structure must grant written notarized consent for the reduced setback.

EE.

Retail stores and shopping centers, including large highway-oriented retail stores.

General criteria. The following general criteria shall apply:

Maximum lot coverage by structures: 25%.

Maximum coverage by impervious surfaces: 80%.

Internal circulation and ingress and egress onto roads shall be adequate to accommodate anticipated traffic.

Adequate and safe pedestrian access shall be provided.

Parking and loading areas shall be landscaped to reduce the visual and environmental impacts of large parking areas. See § 155-55B.

Native trees and plantings should be used wherever possible.

Accessory structures such as dumpsters, aboveground tanks, meters, etc., shall be appropriately screened or landscaped.

Lighting shall be appropriate in scale and intensity for the site and the vicinity and shall be directed away from adjacent properties.

Specific criteria for neighborhood shopping centers and retail stores.

The developer of a large highway-oriented retail store shall soften the potential negative impact of such development through means such as:

Retaining natural buffers, especially tree stands, for structures and parking.

Providing deep setbacks from roads for large structures.

Creating natural features on the site.

Specific criteria for other shopping centers.

Minimum lot size: five acres.

FF.

Shooting ranges, commercial.

Outdoor discharge of firearms shall be a minimum of 1,000 feet from any property line or public way.

For indoor ranges the Board of Appeals shall set appropriate setbacks based on the proposed manner and times of operation, including considerations of noise.

GG.

Temporary uses, buildings and structures.

The operator obtains all permits required by county or state law.

The use shall operate for a period of time not to exceed 16 days per event.

All structures, materials and equipment shall be removed from the site within seven days of the closing of the event.

An event shall not be held more than once in any thirty-day period.

Real estate sales offices.

An on-site real estate sales office is permitted by right in any district for rental or sale of dwellings in a project. The office shall be removed upon the initial sales of all units.

A rental office may be permanently maintained in a rental project.

On-site buildings and structures.

Temporary construction structures.

Such temporary buildings or structures shall be placed on a construction site only after the Director of Planning has issued a building permit for the on-site construction to be performed.

Temporary construction structures may be used for habitation by the owner, provided that:

The owner of the property is performing the construction work on site; and

The temporary structure is approved for habitation by the County Health Department.

Emergency housing.

The structures and uses are necessary for the construction of a public project.

The structures and uses shall be allowed for work only on the public project.

The structures and uses shall be allowed only for the contract specifically identified in the hearing before the Board of Appeals.

All structures and uses must be removed or terminated within 30 days of the completion of the work on the public project.

The applicant must provide a sketch and identification of the temporary structures and uses, along with the application for the hearing before the Board.

The applicant must provide written reports from other applicable county agencies stating their acceptance of the temporary structures and uses on the proposed site.

Other temporary uses.

HH.

Wastewater treatment plants. Where permitted by special exception, the following requirements shall apply:

II.

Waterfront structures.

[Amended 8-16-2005 by Bill No. 2005-11]

Size, setbacks, compensation.

Structures on piers are not permitted.

For the purpose of defining boundaries within which waterfront construction may take place, divisional lines shall be established in accordance with the following rules:

It shall not be permitted for the owner or owners of a private dock or boathouse to receive compensation for use of their private dock or boathouse.

All waterfront structures are subject to appropriate state and federal permits.

JJ.

Farm winery.

[Added 2-3-2009 by Bill No. 2009-1]

General requirements.

The minimum setback from any lot line for a structure, storage, parking, or loading area shall be 200 feet.

Vehicular access to the farm winery shall connect directly to a public road that has been designated by the County as a major or minor collector road, or a limited access roadway.

The farm winery shall be operated in accordance with all local, state, and federal laws, and shall be compatible with the rural. Character of the farm and the surrounding area.

KK.

Small wind energy system.

[Added 8-11-2009 by Bill No. 2009-8]

General requirements.

A small wind energy system shall be located on a lot or parcel as an accessory use. Only one small wind energy system shall be permitted on a lot or parcel one acre or smaller in size.

Appropriate warning notice (ie., electrical hazards) shall be placed on small wind energy systems. All access doors to wind turbine towers and electrical equipment shall be lockable.

LL.

Solar energy systems.

[Added 10-18-2011 by Bill No. 2011-7; amended 11-4-2024 by Bill No. 2024-8]

Any state or County right-of-way or the nearest edge of a state or County roadway, whichever is closer;

Any right of ingress or egress on the property upon which the solar energy system is to be located; and

Any overhead and/or underground utility lines. Service lines owned by a private property owner of the land on which the service lines sit are exempt from the setback.

Allow perimeter fencing up to eight feet in height, by right.

Approval and installation.

A site plan shall be submitted for review and approval by the Planning Commission when a special exception is required.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

Site plans must identify soil quality and crop usage prior to development.

No topsoil shall be removed from a property to be developed for solar energy.

Plant material is to be a minimum of at least one gallon stock, or approximately 18 inches when planted.

Buffers shall be installed in accordance with best management practices in order to ensure growth and plant material survival.

[d]

[e]

Modifications to approved buffers may be made by the Zoning Administrator.

Code compliance. A solar energy system shall comply with all applicable provisions of this Code, including, but not limited to, applicable building and electrical codes.

Utility notification and interconnection. A solar energy system that connects to an electric utility shall comply with applicable state laws and regulations.

Noise. A solar energy system shall comply with Chapter 115, Noise, of the County Code, as well as all noise regulations promulgated by the Maryland Department of the Environment.

Decommissioning.

Decommissioning must begin within three months of either of the following conditions, unless a plan for its continuing use has been provided to, and approved by, the Department:

The solar energy system has been damaged to such an extent that it will not be replaced or repaired; or

Upon the abandonment of the solar energy system by the owner, as determined by the Department.

Decommissioning shall be completed within one year of the filing of the notice of intent to decommission, unless decommissioning is being conducted by the County.

Decommissioning plan elements must include, but are not limited to:

Decommissioning cost estimates;

Removal of all aboveground structures including, but not limited to: solar panel arrays, inverters and transformers, concrete pads, internal roads materials, fencing and other debris;

Removal of underground wiring and other structures;

A plan for decommissioned material that includes reclamation, salvage, recycling and disposal;

Restoration of the property(ies) to a similar or better condition than at the time of installation, including, but not limited to, reseeding, tilling, or reforesting;

An approved bond or other financial guaranty for the approved estimated cost for decommissioning; and

If the land on which the proposed solar energy system is to be located is leased, a copy of the lease agreement between the lessee and lessor.

Financial surety.

Produce market.

[Added 7-15-2014 by Bill No. 2014-8]

General requirements.

On-site parking shall be provided in accordance with Article XI, Parking and Loading. The number of parking spaces provided shall be one space per 300 square feet of principal building area. One space shall also be provided per two employees. Additional parking for promotional or special events may utilize temporary overflow parking areas, which need not be surfaced in gravel or asphalt.

Vehicular access to the produce market shall connect directly to a public road designated by the County as a major or minor collector road, or a limited-access roadway.

The produce market shall be operated in accordance with all local, state, and federal laws.

The appearance of the primary structure(s) utilized for the produce market shall be compatible with the rural character of the surrounding area.

NN.

Retreat center or camp.

[Added 4-7-2015 by Bill No. 2015-3]

General requirements.

A retreat center or camp must be located on a parcel or parcels of land consisting of at least 700 contiguous acres, either owned or leased by the operator.

A retreat center or camp may not be utilized by the general public for meals or overnight accommodations.

Principal kitchen and dining facilities shall be in centrally located building(s), but staff housing units may have their own self-contained kitchens.

Housing for participants may include such accommodations as lodges, cabins, dormitories, tents, campgrounds, and other temporary quarters.

Housing for staff may be provided in any accommodations listed in Subsection NN(1)(f) or in permanent residences.

Not visible from any public road; and

Removed from the property immediately following such occupancy.

A retreat center or camp does not include any manner of detention center, detention facility or substance abuse rehabilitation facility.

OO.

Guest cottage.

[Added 12-17-2024 by Bill No. 2024-10]

General requirements.

Guest cottages shall not be used as a permanent residence or for rental other than for guests attending events at the principal structure.

Guest cottages shall be located on the same parcel as the principal structure.

The parcel must be a minimum of 20 acres in size.

Each guest cottage shall be a maximum of 400 square feet.

No more than a total of 15 guest cottages shall be allowed on a parcel unless otherwise approved as a special exception by the Board of Appeals.

Site plan approval from the Planning Commission is required.

Guest cottages shall be approved for habitation by the Health Department.

PP.

Rural event venue.

[Added 12-17-2024 by Bill No. 2024-10]

General requirements.

Site plan approval from the Planning Commission is required.

All sanitary and health facilities shall be approved by the Health Department.

Editor's Note: See the Table of Permitted Uses by Zoning District, located at the end of this chapter.

Dorchester County Unincorporated
City Zoning Code

ARTICLE IX

Supplementary Use Regulations

§ 155-50 Supplementary use regulations.

The following supplementary use regulations apply in addition to the requirements of the applicable zoning district and any requirements in the Table of Permitted Uses.[1]

Accessory uses and structures.

General requirements.

No accessory structure shall be located in any required front yard, except for the following:

Fences and walls, subject to § 155-50A(4).

Signs.

Bus and mailbox shelters.

Pump houses less than three feet in height and 20 square feet in area.

Satellite dishes with a diameter of one meter or less.

[Amended 6-13-2000 by Ord. No. 278]

Size of residential accessory structures.

[Amended 1-9-2001 by Ord. No. 291; 8-21-2001 by Ord. No. 297; 3-5-2024 by Bill No. 2024-3]

Residential accessory structures, excluding swimming pools, shall adhere to the following size limitations in the following districts:

Lot Size (acres)	Allowable Square Footage of Accessory Structure
Up to 1.99	Not to exceed 200% of the building footprint of the principal residential structure
2 to 4.99	Not to exceed 300% of the building footprint of the principal residential structure
5 and above	Not to exceed 500% of the building footprint of the principal residential structure

Editor's Note: The Table of Permitted Uses by Zoning District is included at the end of this chapter.

[Amended 9-24-2002 by Ord. No. 307; 6-1-2021 by Bill No. 2021-9]

Construction has begun on the principal structure to the point of putting in place footings and foundation members, provided that construction of the principal structure is diligently pursued;

The accessory structure is a shore protection device, pier, jetty or boat ramp or fence;

The accessory structure is 300 square feet or less in area and is used for storage of equipment related to the maintenance or use of the parcel;

The Board of Appeals finds, upon application, that the accessory use or structure meets the general, and specific, standards, if applicable, for granting a special exception.

[Amended 12-19-2000 by Ord. No. 289]

Fences and walls.

Fences and walls do not require a building permit.

Fences and walls are not subject to setback requirements from public ways and adjoining lots, but they are subject to the traffic visibility requirements of § 155-47 of this chapter.

The maximum permitted height of fences and walls is as follows:

Location	B and I Districts (feet)	All other Districts (feet)
Front yard	6	3.5
Side or rear yard	8	6
Within 60 feet of shoreline	4	4

A secure fence at least four feet in height shall enclose any in-ground swimming pool located within 200 feet of any adjoining property line or public way.

Agricultural fencing (post and wire with open construction) used on a farm for containment of livestock or as pasturage is exempt from any height requirements.

[Added 6-13-2000 by Ord. No. 281]

Security fencing for communication towers and compound areas shall be a minimum of eight feet in height and shall not exceed 12 feet in height.

[Added 4-16-2002 by Ord. No. 304[3]]

Adult entertainment centers.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

Adult cabaret.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

Editor's Note: See Ch. 121, Property Maintenance.

Airfields.

No property line or public way shall be less than:

Fifty feet from each end of the runway for each 250 feet of runway length, but in no event less than 1,000 feet.

Two hundred feet on each side of the landing strip for each 1,000 feet of landing strip, but in no case less than 500 feet.

No dwelling unit shall be permitted within the area described by the above setbacks.

No airfield shall be located on a lot less than 100 acres in size.

Airstrips and heliports.

Setbacks. No property line or public way shall be less than 200 feet from each end of the landing strip or 250 feet from the center line of the landing strip on each side.

Glide slope; landing strip.

The cleared area for a landing strip shall be no less than 300 feet wide.

Other.

Apartments and single-family attached units, including townhouses.

Minimum development size: one acre.

Maximum density.

Single-family attached: 8 units per acre.

Apartments: 15 units per acre.

When calculating density, parts of an acre shall be rounded down to the nearest quarter acre.

Lot size.

Apartment and other single-family attached: no minimum.

Townhouse:

Minimum lot width: 18 feet.

Minimum lot depth: 60 feet.

Structure setbacks: apartments and single-family attached units.

From roads:

From limited access, collector or local roads: See Density, Lot Size and Bulk Regulations Table.[5]

Editor's Note: Said table is located at the end of this chapter.

From internal access roads:

Front or side: 20 feet.

Rear: 40 feet.

From adjoining properties: 50 feet.

Between buildings:

Face to face: 30 feet.

Face or rear to side: 30 feet.

Side to side: 15 feet.

Rear to rear: 60 feet.

Rear to face: 100 feet.

Access roads. Apartments and single-family attached developments are considered to be multiple uses subject to the access requirements of § 155-48.

Architecture.

No more than eight and no less than three townhouses are permitted in a row.

Critical area. Apartment and single-family attached units located in the Critical Area Protection District shall meet all the requirements of that district.

Aquaculture.

Setbacks.

All impoundments or structures used for aquaculture shall be located at least 200 feet from a public way or property line, except for water-dependent facilities permitted in the tidewater buffer.

In the AC, AC-RCA, RC and RR-C Districts the Director of Planning may reduce the setback required under Subsection H(1)(a) to 100 feet, provided that:

The impoundment or structure is at least 200 feet from any public way;

There are no existing dwellings on neighboring properties within 200 feet of the proposed impoundment or structure; and

All property owners whose property lines will be less than 200 feet from the impoundment or structure grant written notarized consent for the reduced setback.

Retail sales. In business and industrial districts retail sales are permitted.

Bed-and-breakfast homes.

An approved building permit or certificate of use from the Dorchester County Planning Office is required.

Parking.

Parking for guests shall be located to the rear of the site unless an alternate location will further the intent of these regulations.

Parking that is located within 20 feet of a property line shall be screened or adequately buffered from public roads and neighboring properties.

Man-made impervious surfaces shall be the same as the impervious surface restrictions cited in Article VII, § 155-38O.

Adequate and safe public road access; and

Adequate screening and buffering.

J.1.	Bus shelters. [Added 6-13-2000 by Ord. No. 274]
	(1)	The shelter shall not be located within a state or county right-of-way.
	(2)	The shelter shall not exceed one story height or 120 square feet in area.
	(3)	The location of the shelter must be approved by the local Board of Education and/or designee or public transportation authority.
	(4)	Permit for shelter is subject to renewal after five years.

Campgrounds.

The site shall contain at least 10 acres.

In no event shall any campsite be occupied as place of primary residence or domicile.

Each campground shall provide facilities for sanitary and health purposes in accordance with Health Department requirements.

All campsites and other facilities shall be at least 200 feet from property lines. Adequate screening shall be provided between the campsites and property lines.

Garbage and trash collection shall be provided in such numbers and at such locations so as to provide convenient access for patrons and provide adequate ingress/egress in commercial campgrounds.

Off-street parking shall be provided in accordance with Article XI.

All enlargements or extensions to existing campgrounds shall conform to these requirements.

Commercial shedding operations.

Setbacks. All devices or structures related to commercial shedding must meet the following setbacks:

AC, AC-RCA, B-1, B-2, RR and RR-RCA Districts: 100 feet from a property line or public way, except for water-dependent facilities permitted in the tidewater buffer.

RC and V Districts:

One hundred feet from limited access or major collector roads.

Fifty feet from all other roads.

Twenty-five feet from rear and side property lines.

Sixty feet from the shoreline, except for those water-dependent facilities permitted in the tidewater buffer.

I-1, I-2, RR-C, SR and SR-RCA Districts: 200 feet from a property line or public way, except for those water-dependent facilities permitted in the tidewater buffer.

On-premise sales. On-premise sales are permitted except in the RR-C, SR and SR-RCA Districts.

Communication antennas attached to existing buildings and structures.

Types of antennas. Types of antennas permitted under this category are limited to the following:

Omni-directional or whip antennas extending no more than 20 feet above the structure to which attached.

Panel antennas no more than 2 feet wide and 6.5 feet long extending no more than 20 feet above the structure to which attached.

Microwave dish antennas no more than eight feet in diameter.

Dish antennas mounted on a building must be located or screened so that they are not visible from public ways.

Antennas shall be gray or a color that minimizes visibility and consistent with FCC or FAA regulations.

Communication equipment buildings. Communication equipment buildings are subject to the following requirements:

Maximum floor area: 600 feet.

Maximum height: 12 feet.

Ground level buildings must be screened by landscaping or fencing.

Equipment buildings on roofs must have a similar finish to the exterior building walls, so that the equipment building looks like the main building.

No lights or signals are permitted unless required by the FCC or the FAA.

Communication towers.

[Amended 6-13-2000 by Ord. No. 277; 4-16-2002 by Ord. No. 304[6]]

Communication towers permitted as a permitted principal use. Where permitted as a permitted principal use, communication towers shall meet the following requirements:

Height limit.

Home television towers serving single-family dwelling units or towers owned and/or operated by private businesses for uses other than the provision of communication services to the public: 65 feet.

All other towers: 600 feet. The Board may not grant a variance to this.

Setbacks.

From lots zoned B-2, I-1 or I-2 and not containing dwellings: greater of 50 feet or one-third the tower height (including antennas and lighting rods)

Towers shall be gray or similar color unless required otherwise by the FCC, or FAA.

Towers on government property must be designed to accommodate more than one user.

The applicant must demonstrate that the application meets the following criteria, unless the applicant can demonstrate to the satisfaction of the Board why said criteria are infeasible:

The tower to be erected is of monopole style.

The tower height is no higher than necessary to ensure effective service for the relevant service area, but in no case shall exceed 200 feet. The Board may not grant a variance to this.

No sign or light is placed on the tower other than those required by the Federal Aviation Administration (FAA) or Federal Communication Commission (FCC).

The applicant shall submit to the Board of Appeals professionally prepared computer simulated photos of the viewshed, which accurately depict the visual impact of the proposed tower.

Home-based contractors.

Home-based contractor occupations as an accessory use. Home-based contractor occupations which meet the following requirements are permitted accessory uses in all districts:

Operation.

A home-based contractor occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

A home-based contractor occupation shall be conducted by persons residing in the dwelling.

Parking; storage; vehicle repair.

The total area used for storage of equipment and supplies shall be limited to no more than 2% of the gross lot area or 1,000 square feet, whichever is less.

The total number of commercial vehicles that may be parked in association with the use shall be as follows:

On a lot smaller than 40,000 square feet, no more than one commercial vehicle.

On a lot 40,000 square feet or larger, no more than two commercial vehicles.

All supplies and equipment shall be stored within buildings.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting and similar activities.

Special exception standards for home-based contractors. Where home-based contractors are permitted as a special exception the following regulations apply:

Operation.

The location and design of the operation shall be such that the use shall not be a nuisance to neighboring properties due to noise, odors, fumes, dust, vibration or electrical interference.

The use shall not result in damage, deterioration or increased hazards on any public way or shared driveway providing access to the site.

The Board shall determine the following:

The hours of operation;

The number of employees allowed to visit or be dispatched from the site; and

The permitted frequency of employee trips to and from the site.

Parking; storage; vehicle repair.

The total area used for storage of equipment and supplies, whether outdoors or indoors, shall be limited to the following:

On a lot smaller than 40,000 square feet, no more than 2% of the gross lot area or 800 square feet, whichever is less.

On a lot between 40,000 square feet or larger, no more than 5% of the gross lot area.

Commercial vehicle parking shall be as follows:

On a lot smaller than 80,000 square feet, no more than two commercial vehicles may be parked.

On a lot 80,000 square feet or larger, the Board shall determine the number of commercial vehicles that may be parked.

Parking and other outdoor uses shall be completely screened from surrounding properties and roads by vegetation, fencing or other appropriate means.

No major repairs of vehicles or equipment shall be permitted on the lot. Major repairs include body work, engine rebuilding, painting and similar activities.

Home occupations.

The area of the residence devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling or 800 square feet, whichever is less.

A home occupation shall be located entirely within the dwelling. For the purpose of this subsection, accessory structures, including detached garages, are not considered to be part of the dwelling.

A home occupation shall not alter the residential appearance and character of the dwelling or the lot.

No more than two vehicles may visit the home occupation at any one time.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

Off-street parking shall be provided in accordance with Article XI.

Financial transactions are permitted.

A home occupation shall be conducted by persons residing in the dwelling.

Home occupations may include the uses listed below, as well as other uses which comply with all requirements of this section:

Art or handcraft studios.

Barber.

Beauty parlor.

Business or professional offices.

Catering, subject to Health Department approval.

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

Dressmaker, seamstress, tailor and similar uses.

Mail-order or telephone sales.

Shoe repair.

Repair services for computer hardware, clocks, jewelry, cameras, guns and similar uses.

Tutoring.

Typing and computer services.

The following uses are not permitted as home occupations:

Commercial agriculture.

Engine repair.

Manufacturing and processing operations, other than production of handcrafts and similar activities.

Repairs of vehicles including body work, engine rebuilding, painting and similar activities.

Restaurants.

Special exception standards for home occupations. Where home occupations are permitted as a special exception the following shall apply:

Home occupations may include the uses listed below, as well as other uses which comply with all requirements of this section, as determined by the Board of Appeals:

[Amended 9-14-2004 by Bill No. 2004-21]

Art or handcraft studios.

Barber.

Beauty parlor.

Boat building.

Business or professional offices.

Catering, subject to Health Department approval.

Direct sale product distribution (e.g., Amway, Avon, Tupperware, etc.).

Dressmaker, seamstress, tailor and similar uses.

Mail-order or telephone sales.

Shoe repair.

Repair services for computer hardware, clocks, jewelry, cameras, guns and similar uses.

Tutoring.

[13]

Typing and computer services.

A home occupation shall be located entirely within a dwelling, an accessory building, or both. The size of the home occupation shall be as follows:

The area of the residence devoted to home occupations shall not exceed 33% of the gross floor area of the dwelling.

An accessory building used for the home occupation must be compatible in scale, character and appearance with the residential character of the site and the neighborhood.

A home occupation shall not alter the residential appearance and character of the dwelling, accessory building or the lot.

The occupation shall not create noise, odors, fumes, dust, vibration or electrical interference that interferes with neighboring uses.

The home occupation shall be conducted by persons residing in the dwelling. In addition the Board may permit up to two nonresident employees to work on the lot in connection with the home occupation.

Off-street parking areas for employees, customers or clients shall be screened from public roads and neighboring properties.

Temporary overnight lodging in association with hunting, fishing and camping.

[Amended 9-24-2002 by Ord. No. 313]

No TOLU shall be placed on property for a period of time exceeding 30 days per year until a current and valid zoning permit has been issued by the Department to the current owner or lessee.

The following criteria must be met before the Department may issue a zoning permit for a TOLU:

Each TOLU must be less than 600 square feet in area, exclusive of any addition(s).

No addition to a TOLU may have enclosed sides or a permanent impermeable floor.

Portable toilets.

For the purpose of this subsection, the term "portable toilet" shall mean a commercial full-sized enclosed temporary toilet facility leased and serviced by a commercial provider of such toilets.

There must be at least one portable toilet on the subject parcel for each five or fewer TOLU's located on a parcel.

Each portable toilet must be commercially pumped and serviced not less than twice per month for each month or portion of a month during which the applicable TOLU's are occupied.

Existing sanitary waste systems which meet the same standard noted above may be approved by the Director in his discretion. However, the same servicing and recordkeeping requirements must be met.

There shall be adequate off-street parking based on the following formula: one and one-half parking spaces for each TOLU.

All TOLU's and parking areas shall be suitably screened or buffered from adjoining uses and public ways. The Director may require relocation of TOLU's and associated parking places for this purpose.

The Director shall assign and permit a number of TOLU's within the applicable ranges noted below based on screening, proximity of neighbors, forestation and any other relevant criteria:

Parcel Size (acres)	Maximum Number of TOLU's
Up to 1	2 to 6
Between 1 and 2	4 to 8
Between 2 and 3	6 to 10
Between 3 and 4	8 to 12
Between 4 and 5	10 to 14
Over 5	10 to 15

No TOLU shall be permitted within a residential subdivision or neighborhood unless it is placed a minimum distance of 1,000 feet from any dwelling located on a neighboring lot or parcel.

No other building or structure shall be erected or located as an accessory structure to a TOLU.

TOLU's placed on property in excess of 180 consecutive days must comply with the Dorchester County Floodplain Management Ordinance, when applicable.

A zoning permit may be revoked at any time by the Director on the basis that the TOLU appears to be used in violation of the intent of this section. Such violations would include, generally:

Use of the TOLU as a dwelling unit, as defined in § 155-13.

Violation of any of the stated criteria.

Violation of any of the zoning permit conditions.

No TOLU shall be permitted as an accessory to a dwelling unless permitted elsewhere in this chapter.

A zoning permit for a TOLU is not transferable.

Industrial uses and planned industrial parks.

Applicability. The standards and criteria in this subsection apply to the following industrial uses:

Chemical, physical and biological laboratories;

Manufacturing or processing plants and facilities, as listed individually in the Table of Permitted Uses;[7]

Editor's Note: See the Table of Permitted Uses by Zoning District, located at the end of this chapter.

Planned industrial parks; and

Warehousing, miniwarehousing and storage and distribution facilities, as listed individually in the Table of Permitted Uses.

General criteria.

Maximum permitted coverage by impervious surfaces: 80%.

Internal circulation and ingress and egress onto roads shall be adequate to accommodate anticipated traffic.

The visual impact of large structures shall be softened through means such as:

Retaining natural buffers, especially tree stands, for structures and parking;

Providing deep setbacks from roads for large structures; and

Creating natural features on the site.

Native trees and plantings should be used wherever possible.

Lighting shall be appropriate in scale and intensity for the site and the vicinity and shall be directed away from adjacent properties.

Accessory structures such as dumpsters, aboveground tanks, meters, etc., shall be appropriately screened or landscaped.

Adequate and safe pedestrian access shall be provided where appropriate.

Specific criteria for planned industrial parks.

Minimum land area for a planned industrial park: 50 acres.

Minimum lot size for lots within the park: three acres.

Maximum lot coverage by buildings on any lot: 50%.

Minimum open space requirement: 15%.

Minimum building setback from any AC, RC, RR, SR or V District: 100 feet.

Permitted uses.

In the districts where planned industrial parks are permitted, uses that are permitted as a matter-of-right, by special exception or as accessory uses may be conducted within the park.

Any use which would normally require a special exception must still be granted a special exception by the Board of Appeals before it may be conducted within the park.

Any supplementary use requirements applicable to a specific use shall apply to that use if conducted within an industrial park.

Access.

A planned industrial park shall have adequate access to a limited access or major collector road.

Interior streets shall have a right-of-way of at least 60 feet and shall be provided with an all-weather pavement, curb and gutters.

Open space. Open space and unpaved areas within a site or the park shall be landscaped and maintained.

Inns.

Adequate and safe public road access shall be available.

Junk and salvage yards.

Kennels. Where a kennel is approved by special exception, the following requirements shall apply:

Area, setback requirements.

	Number of Dogs, Not Including Dogs Under 6 Months of Age
	7 to 10	More than 10
Minimum lot size	3 acres	5 acres
Minimum setback for any outside pen or run	50 feet	200 feet
Minimum structure setback from any lot line	30 feet	200

Other requirements.

All outside pens and runs, and all buildings as appropriate, shall be screened by landscaping or other suitable means from adjoining properties and public ways.

Disposal of wastes shall be such that odors or other emissions are not perceptible at lot lines.

Land clearing debris landfills and rubble landfills. Land clearing debris landfills and rubble landfills are subject to the following requirements:

	Land Clearing Debris Landfills and Rubble Landfills
	Commercial	Private
Permitted districts	AC, I-1, I-2 via a floating overlay district	AC, I-1, I-2 by special exception
Application to	County Commissioners	Board of Appeals
Application requirements	Zoning application plus other requirements pursuant to § 155-40	Special exception application, plus preliminary site plan, and plan of operation
Disposal area setback	300 feet, or less if the County Commissioners find appropriate	300 feet, or less if the Board finds appropriate
Buffer around the operation	100-foot deep landscaped buffer or alternative means	100-foot deep landscaped buffer or alternative means
Security fence	Required	Required
Number of trucks	Per plan of operation	The Board may limit
Height limit above average natural grade	75 feet	50 feet
Associated equipment for washing, sorting, etc.	Permitted per plan of operation	Not permitted
Hours of operation	Per plan of operation	The Board may limit

Manufactured homes. Manufactured homes, including manufactured homes used as additions, are permitted as follows:

In all districts where new single-family detached dwellings are permitted, provided that they meet the following standards:

Are built on permanent foundation;

Have a gabled roof with a minimum roof pitch of 4/12;

Have a minimum floor area of 960 square feet;

The minimum width of the main structure unit is no less than 24 feet for a continuous distance of 40 feet;

Have brick walls or lap or other conventional-type of residential siding; and

Have a shingle or other conventional-type of residential roof.

Manufactured homes, including mobile homes and manufactured homes used as additions, that do not meet the above standards are permitted only as follows:

Manufactured home overlay districts. On lots in manufactured home overlay districts designated on the Official Zoning Maps.

Farm manufactured homes. On farms, provided that such homes:

Are located only on a farm as defined in this chapter.

Are occupied by:

The owner(s) of the farm;

Immediate family members; or

Person(s) employed on the farm.

Are removed when no longer occupied as a residence; and

The person in need of care, attention and supervision is related to the applicant.

The applicant for the special exception will be responsible for the required care, attention and supervision.

The person in need of care, attention and supervision for practical reasons, financial or otherwise, is unable to reside elsewhere and receive the same services.

The manufactured home shall be located within 200 feet of the principal residence on the premises and shall meet the principal structure setbacks of the zoning district where the home is located.

The manufactured home shall be removed within 60 days after the person in need of care, attention and supervision dies, permanently vacates the premises or becomes capable of self-care.

Replacement of manufactured home. On lots as a replacement for a mobile home as defined in Article II, subject to the following:

Before issuing a building permit for a replacement manufactured home the Director of Planning shall be satisfied that the mobile home to be replaced is legally existing.

A replacement manufactured home shall be placed approximately where the former home was located or, if the former home was nonconforming, in a more conforming location.

Temporary or emergency housing. On lots as temporary or emergency housing subject to § 155-50GG(3)(b).

Manufactured home parks. In manufactured home parks subject to the supplementary use regulations for manufactured home parks.

Manufactured homes on individual lots, subject to the following:

[Added 3-2-1999 by Ord. No. 260]

The lot or parcel was zoned to permit a manufactured home by right prior to January 1, 1999.

The lot or parcel was approved for sanitary waste disposal by the Dorchester County Health Department prior to January 1, 1999.

A building permit to place the manufactured home on the lot or parcel must be issued prior to June 30, 1999.

All other conditions, restrictions and limitations which apply to the erection of a dwelling unit must be satisfied.

Relocated manufactured homes: on lots, subject to the following conditions:

[Added 1-9-2001 by Ord. No. 290]

The Board of Zoning Appeals grants a variance to relocate the manufactured home.

The manufactured home to be relocated meets all of the standards set forth in § 155-50X(1), with the exception of Subsection X(1)(b) (roof pitch).

All other conditions, restrictions and limitations which apply to the erection of a dwelling unit must be satisfied.

Manufactured home parks. Manufactured home parks shall conform to the following provisions:

Approvals.

Approval of a manufactured home park shall be by special exception in accordance with § 155-20C(1)(b).

A site plan shall be approved by the Planning Commission.

Density, area requirements.

Manufactured home parks located in the Critical Area Protection District shall meet all the requirements of that district.

Each home site, plot or location in a manufactured home park shall contain not less than 7,500 square feet.

Manufactured homes, together with other buildings on the lot, shall not occupy in the aggregate more than 25% of the area of the lot.

No manufactured home shall be located within 20 feet of any other manufactured home or building in the park, except for utility buildings.

Manufactured homes shall be located not less than 60 feet from all property lines and public ways.

Site development.

No manufactured home shall have direct access onto a county or state road.

Parking shall not be allowed on internal access drives.

The manufactured home park owner shall provide central refuse collection and removal for residents.

Other requirements.

Recreational vehicles shall not be occupied as living quarters within a manufactured home park.

No manufactured home shall be used exclusively for storage purposes.

Accessory uses and structures.

Accessory uses and structures in manufactured home parks are subject to the requirements of § 155-50A.

Enlargements; extensions.

All enlargements or extensions to existing manufactured home parks shall require an application for a building permit as if it were a new establishment.

No enlargement or extension to any manufactured home park shall be permitted unless the existing manufactured home park is made to conform substantially to all the requirements for new parks.

Massage parlors.

Advertisements, displays or other promotional materials of an adult nature shall not be visible from public ways.

AA.

Material storage yards. Where material storage yards are approved by special exception the Board of Appeals may require a setback of up to 100 feet from any property line or right-of-way.

BB.

Mineral extraction activities.

Any building housing power-driven or power-producing machinery or equipment shall be set back at least 100 feet from all adjacent property lines and public ways.

The extractive operations shall be confined to areas at least 50 feet distant from all adjoining property lines and public ways.

CC.

Planned Unit Developments (PUD's).

Minimum development size. Twenty acres, or 5 acres for PUD's where at least 75% of the dwelling units will be housing for elderly persons.

Permitted uses.

Range of uses. Planned unit developments may incorporate uses from the following three use categories identified in the Table of Permitted Uses by Zoning District:

Residential;

Commercial business and personal services that are permitted in the B-1 District; and

Commercial retail uses that are permitted in the B-1 District.

Procedure for approval of specific uses.

Area limitations within a planned unit development.

Nonresidential. A maximum of 20% of the total land area of a planned unit development may be used for nonresidential uses.

Lot size. No minimum requirement.

Setbacks.

From roads.

From limited access, collector or local roads: See Density, Lot Size and Bulk Regulations Table.[8]

Editor's Note: Said table is located at the end of this chapter.

From internal access roads.

Front or side: 20 feet.

Rear: 40 feet.

From adjoining properties: 50 feet.

Between buildings: 15 feet.

Access roads. Planned unit developments are considered to be multiple uses subject to the access requirements of § 155-48.

Application requirements.

In addition to a site plan, the following additional information is required:

A location map showing the relation of the site to property in the vicinity of the site.

The proposed traffic circulation system, including the general location of proposed roads and points of access to existing roads.

Land uses that the applicant proposes to be permitted within the planned unit development [see § 155-50CC(4)].

A draft of any proposed incorporation agreements and a draft of any bylaws or easement declarations concerning ownership, control and maintenance of recreational and other common facilities.

(12)

Approval requirements.

No such use is permitted within 600 feet of:

Any zoning district where the use is not permitted; or

A municipal boundary.

The structure is at least 200 feet from any public way;

There are no existing dwellings on neighboring properties within 200 feet of the proposed structure; and

All property owners whose property lines will be less than 200 feet from the structure must grant written notarized consent for the reduced setback.

EE.

Retail stores and shopping centers, including large highway-oriented retail stores.

General criteria. The following general criteria shall apply:

Maximum lot coverage by structures: 25%.

Maximum coverage by impervious surfaces: 80%.

Internal circulation and ingress and egress onto roads shall be adequate to accommodate anticipated traffic.

Adequate and safe pedestrian access shall be provided.

Parking and loading areas shall be landscaped to reduce the visual and environmental impacts of large parking areas. See § 155-55B.

Native trees and plantings should be used wherever possible.

Accessory structures such as dumpsters, aboveground tanks, meters, etc., shall be appropriately screened or landscaped.

Lighting shall be appropriate in scale and intensity for the site and the vicinity and shall be directed away from adjacent properties.

Specific criteria for neighborhood shopping centers and retail stores.

The developer of a large highway-oriented retail store shall soften the potential negative impact of such development through means such as:

Retaining natural buffers, especially tree stands, for structures and parking.

Providing deep setbacks from roads for large structures.

Creating natural features on the site.

Specific criteria for other shopping centers.

Minimum lot size: five acres.

FF.

Shooting ranges, commercial.

Outdoor discharge of firearms shall be a minimum of 1,000 feet from any property line or public way.

For indoor ranges the Board of Appeals shall set appropriate setbacks based on the proposed manner and times of operation, including considerations of noise.

GG.

Temporary uses, buildings and structures.

The operator obtains all permits required by county or state law.

The use shall operate for a period of time not to exceed 16 days per event.

All structures, materials and equipment shall be removed from the site within seven days of the closing of the event.

An event shall not be held more than once in any thirty-day period.

Real estate sales offices.

An on-site real estate sales office is permitted by right in any district for rental or sale of dwellings in a project. The office shall be removed upon the initial sales of all units.

A rental office may be permanently maintained in a rental project.

On-site buildings and structures.

Temporary construction structures.

Such temporary buildings or structures shall be placed on a construction site only after the Director of Planning has issued a building permit for the on-site construction to be performed.

Temporary construction structures may be used for habitation by the owner, provided that:

The owner of the property is performing the construction work on site; and

The temporary structure is approved for habitation by the County Health Department.

Emergency housing.

The structures and uses are necessary for the construction of a public project.

The structures and uses shall be allowed for work only on the public project.

The structures and uses shall be allowed only for the contract specifically identified in the hearing before the Board of Appeals.

All structures and uses must be removed or terminated within 30 days of the completion of the work on the public project.

The applicant must provide a sketch and identification of the temporary structures and uses, along with the application for the hearing before the Board.

The applicant must provide written reports from other applicable county agencies stating their acceptance of the temporary structures and uses on the proposed site.

Other temporary uses.

HH.

Wastewater treatment plants. Where permitted by special exception, the following requirements shall apply:

II.

Waterfront structures.

[Amended 8-16-2005 by Bill No. 2005-11]

Size, setbacks, compensation.

Structures on piers are not permitted.

For the purpose of defining boundaries within which waterfront construction may take place, divisional lines shall be established in accordance with the following rules:

It shall not be permitted for the owner or owners of a private dock or boathouse to receive compensation for use of their private dock or boathouse.

All waterfront structures are subject to appropriate state and federal permits.

JJ.

Farm winery.

[Added 2-3-2009 by Bill No. 2009-1]

General requirements.

The minimum setback from any lot line for a structure, storage, parking, or loading area shall be 200 feet.

Vehicular access to the farm winery shall connect directly to a public road that has been designated by the County as a major or minor collector road, or a limited access roadway.

The farm winery shall be operated in accordance with all local, state, and federal laws, and shall be compatible with the rural. Character of the farm and the surrounding area.

KK.

Small wind energy system.

[Added 8-11-2009 by Bill No. 2009-8]

General requirements.

A small wind energy system shall be located on a lot or parcel as an accessory use. Only one small wind energy system shall be permitted on a lot or parcel one acre or smaller in size.

Appropriate warning notice (ie., electrical hazards) shall be placed on small wind energy systems. All access doors to wind turbine towers and electrical equipment shall be lockable.

LL.

Solar energy systems.

[Added 10-18-2011 by Bill No. 2011-7; amended 11-4-2024 by Bill No. 2024-8]

Any state or County right-of-way or the nearest edge of a state or County roadway, whichever is closer;

Any right of ingress or egress on the property upon which the solar energy system is to be located; and

Any overhead and/or underground utility lines. Service lines owned by a private property owner of the land on which the service lines sit are exempt from the setback.

Allow perimeter fencing up to eight feet in height, by right.

Approval and installation.

A site plan shall be submitted for review and approval by the Planning Commission when a special exception is required.

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

Site plans must identify soil quality and crop usage prior to development.

No topsoil shall be removed from a property to be developed for solar energy.

Plant material is to be a minimum of at least one gallon stock, or approximately 18 inches when planted.

Buffers shall be installed in accordance with best management practices in order to ensure growth and plant material survival.

[d]

[e]

Modifications to approved buffers may be made by the Zoning Administrator.

Code compliance. A solar energy system shall comply with all applicable provisions of this Code, including, but not limited to, applicable building and electrical codes.

Utility notification and interconnection. A solar energy system that connects to an electric utility shall comply with applicable state laws and regulations.

Noise. A solar energy system shall comply with Chapter 115, Noise, of the County Code, as well as all noise regulations promulgated by the Maryland Department of the Environment.

Decommissioning.

Decommissioning must begin within three months of either of the following conditions, unless a plan for its continuing use has been provided to, and approved by, the Department:

The solar energy system has been damaged to such an extent that it will not be replaced or repaired; or

Upon the abandonment of the solar energy system by the owner, as determined by the Department.

Decommissioning shall be completed within one year of the filing of the notice of intent to decommission, unless decommissioning is being conducted by the County.

Decommissioning plan elements must include, but are not limited to:

Decommissioning cost estimates;

Removal of all aboveground structures including, but not limited to: solar panel arrays, inverters and transformers, concrete pads, internal roads materials, fencing and other debris;

Removal of underground wiring and other structures;

A plan for decommissioned material that includes reclamation, salvage, recycling and disposal;

Restoration of the property(ies) to a similar or better condition than at the time of installation, including, but not limited to, reseeding, tilling, or reforesting;

An approved bond or other financial guaranty for the approved estimated cost for decommissioning; and

If the land on which the proposed solar energy system is to be located is leased, a copy of the lease agreement between the lessee and lessor.

Financial surety.

Produce market.

[Added 7-15-2014 by Bill No. 2014-8]

General requirements.

On-site parking shall be provided in accordance with Article XI, Parking and Loading. The number of parking spaces provided shall be one space per 300 square feet of principal building area. One space shall also be provided per two employees. Additional parking for promotional or special events may utilize temporary overflow parking areas, which need not be surfaced in gravel or asphalt.

Vehicular access to the produce market shall connect directly to a public road designated by the County as a major or minor collector road, or a limited-access roadway.

The produce market shall be operated in accordance with all local, state, and federal laws.

The appearance of the primary structure(s) utilized for the produce market shall be compatible with the rural character of the surrounding area.

NN.

Retreat center or camp.

[Added 4-7-2015 by Bill No. 2015-3]

General requirements.

A retreat center or camp must be located on a parcel or parcels of land consisting of at least 700 contiguous acres, either owned or leased by the operator.

A retreat center or camp may not be utilized by the general public for meals or overnight accommodations.

Principal kitchen and dining facilities shall be in centrally located building(s), but staff housing units may have their own self-contained kitchens.

Housing for participants may include such accommodations as lodges, cabins, dormitories, tents, campgrounds, and other temporary quarters.

Housing for staff may be provided in any accommodations listed in Subsection NN(1)(f) or in permanent residences.

Not visible from any public road; and

Removed from the property immediately following such occupancy.