Princess Anne City Zoning Code
ARTICLE X
Supplemental Use Regulations
§ 163-45 Accessory uses.
The general regulations of this subsection apply to all accessory uses and structures unless otherwise expressly stated.
A.
Accessory uses and structures are permitted in connection with lawfully established principal uses.
B.
The Code Enforcement Officer is authorized to determine when a use or structure meets the criteria of an accessory use or accessory structure.
(1)
In order to classify a use or structure as "accessory" the Code Enforcement Officer must determine that the use or structure:
(a)
Is subordinate and clearly incidental to the principal structure or principal use served in terms of area and function;
(b)
Provides a necessary function for or contributes to the comfort, safety or convenience of occupants of the principal use or structure; and
(c)
Is customarily found in association with the subject principal use or principal structure.
(2)
The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
(a)
Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities, so long as such activities do not fall within the definition of a home occupation.
(b)
Hobbies or recreational activities of a noncommercial nature.
(c)
Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any ninety-day period.
C.
Time of construction and establishment.
(1)
Accessory uses and structures may be established in conjunction with or after the principal building. They may not be established before the principal use or structure is in place.
D.
Accessory uses and structures must be located on the same lot as the principal use or structure to which they are accessory.
E.
Accessory uses and structures are subject to the same regulations and standards that apply to principal uses and structures on the subject lot, unless otherwise expressly stated. Accessory use and structures attached to the principal building by a breezeway, passageway or similar means are subject to the building setback regulations that apply to the principal use or structure.
F.
Residential accessory use and structures. The following additional regulations apply to buildings that are accessory to (principal) residential uses (See Figure 45-1: Accessory structures in R-1 and R-2 Districts):
(1)
Accessory uses and structures are prohibited in front or street setbacks.
(2)
No more than three detached accessory uses or structures are allowed on any lot.
(3)
The aggregate footprint or coverage of all accessory uses or structures on a lot may not exceed 1,000 square feet or the gross floor area of the principal building, whichever is less.
(4)
Residential accessory uses or structures in the R-1 and R-2 Districts are subject to minimum side and rear setbacks of five feet.
(5)
Residential accessory uses and structures may not occupy more than 40% of the rear or side yard area.
(6)
Residential accessory structures may not exceed the height of the principal structure or two stories, whichever is less.
 Figure 45-1: Accessory structures in R-1 and R-2 Districts |
G.
Accessory structures and uses shall be permitted in the R-1 and R-2 Districts as follows:
(1)
Accessory utility buildings.
(2)
Private garage.
(3)
The keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use and not as a business. (See § 163-64 for use standards.)
(5)
Private swimming pools and game courts, lighted or unlighted, for use of occupants and their guests.
(6)
Accessory off-street parking, open or enclosed space, for one commercial vehicle of not more than 15,000 pounds gross vehicle weight and used by the occupant of a dwelling.
(7)
Storage of recreational vehicles, detached caps, boats, and boat trailers not part of an approved commercial use subject to the following limitations:
(a)
No more than one recreational vehicle may be stored on a lot. No more than two boats or other waterborne craft and/or boat trailers may be stored or constructed on a lot.
(b)
The vehicle or boat shall not be used for living quarters nor shall any business be conducted therefrom.
(c)
These vehicles may not be stored in front or street yards. They may be stored in rear or side yards provided that they are at least three feet from the property line and in the case of side yard storage, provided that they are at least three feet from the property line and are situated at least 10 feet to the rear of a lateral projection of the front foundation of the building. Such vehicle may be stored in any completely enclosed garage.
(d)
Such vehicle may be stored on a specially marked parking area of a multifamily rental or condominium unit for residents only. Such areas must be screened from adjacent off-site uses as required by the Code Enforcement Officer.
(e)
A recreational vehicle may be parked on any portion of a residential or nonresidential property for a period not more than 24 hours during loading or unloading only.
(f)
The Board of Appeals may allow storage or construction of additional recreational vehicles, boats or other waterborne craft and/or boat trailers on a lot as a special exception.
H.
Accessory structures and uses permitted in the C-1, C-2, I-1 and I-P Districts shall not be located in the front/street setbacks.
§ 163-46 Agriculture, crop production.
A.
Agriculture, crop production and the usual agriculture building offices and dwellings is permitted in the R-1, R-2 and I-P districts subject to the following conditions:
[Amended 1-22-2019 by Ord. No. 2019-03]
(1)
The land area is at least 10 acres in R-1 and R-2 and one acre in I-P.
(2)
Buildings and structures for storage and processing of products grown on the site shall be located at least 200 feet from any dwelling, school, church or institution for human care not located on the premises in R-1 and R-2.
(3)
Buildings and structures for storage and processing of products grown on the site shall be located at least 50 feet from any dwelling, school, church or institution for human care not located on the premises in I-P.
B.
Farms and farm offices, boardinghouses for domesticated household pets or veterinary clinics located on a farm shall be permitted in the R-1 District provided that the location of any building for the housing and care of animals shall be not less than 200 feet from any adjacent property or road line.
§ 163-47 Antique shops.
Antique shops may be permitted by the Board of Appeals as a special exception in the R-1 District, provided that no article or commodity shall be placed on display or offered for sale on the outside of any building.
§ 163-48 Assisted living facilities.
Assisted living facilities may be permitted as a special exception by the Board of Appeals in the R-1 and R-2 Districts and shall be permitted in the C-1 and C-2 Districts subject to the following conditions:
A.
The development must be subject to management or other legal restrictions that require at least 80% of the units in the project to be occupied by households of persons aged 62 or over.
B.
One or more of the following ancillary, occasional services may be included to serve the residents and possibly nonresident elderly persons:
C.
The project shall be designed to provide a transition near the periphery of the site, either with open space areas and landscaping, or by designing the structures near the periphery to be harmonious in density and type with the surrounding neighborhood.
D.
Open space areas, recreational facilities, and other accessory facilities shall be developed in each phase of development to meet the needs of the residents. The developer shall provide a schedule for the installation of facilities at the time the project is submitted.
§ 163-49 Automobile filling and service stations.
Automobile filling and service stations and automobile repair and service shops may be permitted as a special exception by the Board of Appeals in the C-1 District and shall be permitted in the C-2 District, provided that:
A.
They shall be located on a lot abutting on a highway.
B.
The entrance or exit of such establishments shall be at least 50 feet from any lot zoned residential.
C.
No fuel pump, oil drainage pit or other visible appliance for such purpose shall be located within 15 feet of the front lot line.
D.
No structure or building shall be erected within 30 feet of any dwelling.
§ 163-50 Bed-and-breakfast inns.
A bed-and-breakfast may be permitted by the Board of Appeals as a special exception in the R-1, R-2 and C-1 Districts and shall be permitted in the C-2 District subject to the following conditions:
A.
The bed-and-breakfast may be established in a one-family detached dwelling.
B.
Guest rooms shall be contained within the principal structure.
C.
The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.
D.
There shall be no more than one person employed by the bed-and-breakfast (e.g., as an innkeeper or proprietor) who is not a resident of the dwelling.
E.
Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
F.
No additional exterior entrances shall be added to the structure solely for the purpose of serving guest rooms.
G.
Only the breakfast meal may be prepared for the guests by the proprietor and no other meals are provided by the proprietor.
H.
No guest may rent a room in a bed-and-breakfast for more than 30 consecutive days.
§ 163-51 Boarding, rooming or lodging houses.
A.
Existing boarding, rooming and lodging houses.
(1)
A boarding, rooming or lodging house which existed and was in use prior to (date of adoption of these amendments) shall be permitted to continue, provided a rental license is obtained within one year of the date of adoption of this chapter. Boarding, rooming or lodging houses that fail to obtain a rental license as prescribed herein shall be treated as illegal uses subject to the penalty provisions of § 163-16.
(2)
A boarding, rooming or lodging house that has been discontinued or abandoned for six consecutive months shall cease use as a boarding, rooming or lodging house.
(3)
Upon a determination by the Code Enforcement Officer that the use has been discontinued or abandoned for six consecutive months, the Boarding, rooming or lodging house uses may resume only if in compliance with below.
B.
The Board of Appeals may permit boarding, rooming, or lodging houses in the R-1, R-2 and C-1 Districts provided:
(1)
Meals may or may not be provided, but only one common kitchen facility shall exist and no meals shall be provided by the establishment to members of the general public not lodged in the establishment.
(2)
Lodging, rooming or boarding houses shall not include hotels, motels, inns, sorority, fraternity and cooperative residences, dormitories, or convalescent homes, nursing homes, rest homes, or group residences licensed or regulated by agencies of the state.
(3)
Lodging or boarding houses shall abide by all applicable state and local laws and regulations governing lodging houses, boarding houses, or rooming houses, including, but not limited to, the following:
§ 163-52 Bowling alleys, skating rinks, dance halls and other similar recreational establishments.
Bowling alleys, skating rinks, dance halls and other similar recreational establishments may be permitted by the Board of Appeals as a special exception in the C-1 District and shall be permitted in the C-2 District provided the operator of any dance hall, bowling alley or poolroom first obtained a license therefor from the President and Commissioners in the manner provided in Chapter 46.
§ 163-53 Cemeteries.
A.
Standalone cemeteries including accessory uses such as mausoleums and crematories may be permitted by the Board of Appeals as a special exception in the R-1 and R-2 Districts provided:
§ 163-54 Child-care centers.
Child-care centers may be permitted by the Board of Appeals as a special exception in the R-1, R-2 and C-1 Districts and are permitted in the C-2 District subject to the following conditions:
A.
Continuous compliance with all applicable requirements of county, state and/or federal regulations.
B.
The applicant shall provide a minimum of 100 square feet of usable outdoor recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential area. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas.
C.
All such uses shall be located so as to permit the safe pickup and delivery of all people on this site.
D.
Such use shall not constitute a nuisance because of traffic, insufficient parking, number of individuals being cared for, noise, or type of physical activity.
E.
The area of the property shall contain no less than 1,000 square feet per client being cared for.
F.
The Board may prescribe specific conditions determined necessary to minimize effects of use on neighboring properties given identification of concerns specific to a particular, site including hours of operation.
G.
The requirements of these sections shall not apply to child or elderly day-care facilities or centers that are operated by a nonprofit organization in buildings, structures, or on premises owned or leased by a religious organization and which premises are regularly used as a place of worship or are located on premises owned or leased by a religious organization adjacent to premises regularly used as a place of worship, or are used for private parochial educational purposes that are exempted under the provisions of this section for private educational institutions or are located in publicly owned school buildings.
§ 163-55 Circus, carnival or similar transient enterprises, special uses.
A.
Circus, carnival or similar transient enterprises when sponsored by an organization qualified under § 247 of Article 27 of the Annotated Code of Maryland shall be permitted in the R-1, R-2 and C-2 Districts provided that such use shall not exceed 10 days and does not include any permanent structures.
B.
Special uses, including circus, carnival or similar transient enterprises, may be permitted by the Board of Appeals as a special exception in any district for a limited time, provided such activities are conducted on a lot of no less than three acres, and no structure or use of land shall be less than 100 feet from any adjacent lot on which a dwelling is located.
§ 163-56 Colleges and schools, public or private, and institutions of higher learning.
Colleges and schools, public or private and institutions of higher shall be permitted in the R-1, R-2, C-1 and C-2 Districts provided the facility has a curriculum accredited by the State of Maryland.
§ 163-57 I-P Industrial Park District development standards.
A.
Limited retail. For any manufacturing plant or warehouse permitted in the I-P District, retail sales may be provided, provided that:
(1)
The products sold are manufactured on the site, sold as parts or accessories to products manufactured on the site or stored or distributed on the site;
(2)
Not more than 30% of the floor space of the first floor of the main structure may be devoted to the retail sales of articles made, stored or distributed on the premises; and
(3)
Any service facilities are limited to the repair and/or service of products manufactured, stored or distributed by the owner or lessee of the site.
B.
Accessory uses. The following shall be permitted in the I-P District as accessory uses:
(1)
Any use normally and customarily incidental to any use permitted as a matter of right in this district.
(2)
Satellite dish antennas and radio communication antennas and towers, subject to the following:
(a)
No satellite dish antenna may be larger than 10 feet in diameter.
(b)
No antenna shall exceed the maximum height restriction imposed upon uses in the zone.
(c)
All applications must comply with the provisions of the Town Building Code. All installations greater than six feet in height shall require a building permit.
(d)
If the satellite is ground-mounted and adjoins any residentially zoned property, the satellite shall be screened either by landscaping or fencing in a manner satisfactory to the Code Enforcement Officer.
(e)
In the event that the structure is roof-mounted, the antenna may not exceed 10 feet above the maximum height of the building as permitted in this chapter.
(f)
All building permits for satellite dish or radio antennas shall include certification satisfactory to the Town that the proposed installation complies with the Town's Building Code requirement.
(g)
The location of all ground-mounted satellite or radio antennas shall conform to the setback requirements established in this chapter.
C.
Development in the I-P Industrial Park District shall not be approved until the applicant demonstrated that all proposed improvements are consistent with existing park deed restrictions and covenants established by the President and Commissioners of Princess Anne.
D.
Off-street parking and loading.
(1)
Layout and location. Off-street parking and loading facilities required by these regulations shall be provided on the same lot with such structure or land use.
(3)
The minimum requirements of this section shall be provided in addition to any area used for parking of vehicles owned by or used in a business. Required off-street parking facilities shall not be used for display or storage of vehicles which are for sale or rent or being stored while awaiting repair.
(4)
Services vehicles, heavy trucks and equipment must be parked and stored in the rear or side parking areas.
[Amended 1-22-2019 by Ord. No. 2019-03]
E.
Storage. No outdoor storage shall be permitted except in accordance with the following regulations:
(1)
Outdoor storage shall be permitted only between the rear building line and the rear property line.
(2)
All outdoor storage must be set back a minimum of 40 feet from the adjacent property line.
(3)
Outdoor storage shall not be permitted unless there is an approved landscape screening plan to obscure outdoor storage areas from adjacent properties.
(4)
No item may be stored on the premises whose height exceeds the height of the landscape screening.
F.
Premises must at all times be kept in a safe, clean, wholesome condition and comply in all respects with government, health and policy regulations and requirements. All refuse or rubbish of any character whatsoever must be promptly removed or not allowed to accumulate on the premises.
G.
All dumpsters and outdoor mechanical equipment, including roof-mounted equipment, shall be enclosed within sight-tight fences in a manner satisfactory to the Code Enforcement Officer. The enclosure shall be designed to prevent visibility of the equipment from adjacent properties and public streets.
§ 163-58 Multifamily residential development standards.
A.
Multifamily residential units shall be permitted by the Board of Appeals as a special exception in the R-1 District subject to the following:
(1)
Buildings containing not more than four dwelling units and not more than three stories in height shall have a land area per building of not less than 15,000 square feet and a width of not less than 100 feet and yard depth of not less than the following:
(2)
Buildings containing more than four dwelling units shall have a land area of not less than 2,000 square feet and a lot width of not less than 10 feet, and three feet in side yard width for each additional dwelling unit shall be required in addition to the minimum described in Subsection A(1) of this section.
(3)
Lot areas not served by public water and sewer facilities shall be governed by County Health Department regulations regarding lot area, width and yard requirements.
B.
Multifamily residential units shall be permitted in the R-2 District subject to the followings:
(1)
For structures of three or more living units, the lot shall have a minimum per-building area of 12,000 square feet for the first three units plus 2,000 square feet for each additional unit.
(2)
Not more than 40% of the area of the lot may be covered by structures, including accessory structures.
(3)
Each lot shall not be less than 80 feet in width and 100 feet in depth.
(4)
Each lot shall have a front building setback line of not less than 30 feet from and parallel to the front lot line or a street right-of-way. In the case of corner lots, a front yard of the required depth shall be provided as determined by the Code Enforcement Officer subject to the following limitations:
(5)
Each side yard shall have a width of not less than eight feet, and the total width of side yards shall be not less than 20 feet.
(6)
Each lot shall have a rear yard setback of not less than 25 feet in depth.
(7)
In the case of through lots, both front yards shall have the required depth of 25 feet.
(8)
Each habitable structure on one lot shall be separated by a minimum of 75 feet.
(9)
Height in the R-2 District:
(a)
Building height shall be limited to 48 feet or four stories unless a variance is otherwise granted by the Board of Appeals.
(b)
The Board of Appeals may grant a variance for multifamily building height in the R-2 District, provided an additional land area of 5,000 square feet, plus an additional 20 feet in lot width, plus five feet in additional side yard width are provided for each additional story.
C.
Multifamily dwellings may be permitted by the Board of Appeals as a special exception in the C-1 District provided the lot area is a minimum of eight acres.
§ 163-59 Drive-in eating, refreshment establishments.
Drive-in eating or refreshment establishments may be permitted by the Board of Appeals as a special exception in the C-1 District and shall be permitted in the C-2 District provided:
§ 163-60 Essential services and public utilities.
It is the intent of this section to provide for the establishment of essential services and public utilities without restrictions in all zoning districts while at the same time protecting residents by the application of fencing, safety and other requirements for utility buildings and structures.
A.
Essential services and public utilities shall be an inherently permitted use in any district. However, relay stations, storage stations, electric substations and buildings and land used or maintained for essential services and public utilities shall be subject to Planning and Zoning Commission review for compliance insofar as possible with basic safety and reasonable landscape and screening requirements.
B.
No area requirements for any use district shall be applicable to essential services.
C.
No setback requirements for any use district shall be applicable to essential services.
D.
The Planning and Zoning Commission may require such uses be appropriately screened to minimize any adverse impacts to adjacent residential uses.
§ 163-61 Home occupations.
Home occupations shall be permitted in the R-1 and R-2 Districts subject the following conditions:
A.
The occupation or profession shall be clearly incidental and subordinate to the use of the residential dwelling unit and/or its accessory buildings and may only be conducted wholly within the dwelling unit and/or its accessory buildings.
B.
There shall be no more than two nonresident employees.
C.
The activity shall be conducted wholly within the dwelling unit and/or its accessory buildings and shall be for the economic gain or support of a resident of the dwelling. There shall be no adverse impacts such as traffic and parking demand, and the residential appearance of the dwelling and the character of the neighborhood shall be maintained.
D.
No mechanical, chemical, electrical equipment except that which is customarily used for domestic, hobby, or household purposes.
E.
There shall be no offensive noise, noxious fumes or unpleasant odor, smoke, heat, dust, glare, electrical interference, vibration, or other nuisance emanating from the structure in which the home occupation is located in excess of that normally associated with residential use.
F.
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restrictive materials shall be used or stored on the site in amounts greater than those normally associated with domestic use.
G.
The home occupation and any related activity shall not create any traffic hazards or nuisances in the public streets and other public rights-of-way, and all vehicle parking generated by such operations shall be located on the same lot as the residence, or accessory building, in which the home occupation is conducted, or on the abutting public streets.
H.
The area consumed by the home occupation is limited to 35% of the floor area of the residence (exclusive of basement area) or is limited to a basement or garage.
I.
Home occupations that attract customers, clients, or students to the premises shall not be allowed in multifamily dwelling units.
J.
There shall be no visible outside display nor window display of stock-in-trade which is sold or serviced on the premises.
K.
There shall be no signs, displays, or activity that will indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence, except for one identification sign that is nonilluminated and does not exceed two square feet in aggregate gross surface area. The home occupation and all related activity, including storage, shall be conducted completely within the dwelling unit or permitted accessory structure.
L.
The home occupation shall not utilize exterior storage of material and equipment other than in an accessory building that is compatible with the residential character of the surrounding neighborhood.
M.
There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by United States Mail, United Parcel Service, Federal Express, or similar carriers that typically deliver packages to residences.
N.
There shall be no special structural alterations, or construction features to the residence nor permitted accessory structures, nor the installation of special equipment that requires high-voltage electrical wiring above 220 VA attached to walls, floors, or ceilings.
O.
No home occupation shall provide service or instruction simultaneously to a group of more than four persons while such persons are present in the dwelling unit. Customer/client visits to the unit are limited to the hours from 8:00 a.m. to 8:00 p.m.
P.
The maximum number of client-, patron- or business-related visitor vehicles that can be present at any one time shall be limited to three.
Q.
Vehicles associated with the home occupation shall be limited to the following:
R.
Commercial car repair facilities, commercial pet grooming, and commercial kennels are prohibited as home-based businesses.
§ 163-62 Hospitals.
Hospitals may be permitted by the Board of Appeals in the R-2 District and shall be permitted in the I-1 District provided that:
§ 163-63 Group domiciliary care facilities.
A group domiciliary care facility may be permitted in the R-1 and R-2 Districts subject to the following:
A.
Residents are provided service and supervision by licensed operators in accordance with the Maryland Department of Health and Mental Hygiene regulations and any other applicable federal, state and local laws, regulations and/or requirements.
B.
Treatment and counseling shall be limited to the residents of the dwelling.
C.
The residents of a group domiciliary care home shall not include any person who, during the term of residence at such facility, commits a violent act or causes substantial physical damage to the property of others, and any such person must be removed from such facility.
§ 163-64 Keeping of animals.
The keeping of small animals and domestic fowl is permitted in all zones subject to the provisions of Chapter 41[1] as an accessory use to any principal use permitted outright or to a permitted special exception, in each case subject to the following standards:
A.
Small animals. Up to three small animals may be kept accessory to each business establishment or dwelling unit on a lot, except as follows:
(1)
In no case is more than one miniature potbelly pig allowed per business establishment or dwelling unit.
(2)
In single-family zones:
(a)
Up to four small animals are permitted on lots of at least 20,000 square feet; and
(b)
One additional small animal is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet. Accessory structures, including kennels, for four or more animals must be at least 10 feet from any other lot in a residential zone.
B.
Miniature potbellied pigs. The type of swine commonly known as the Vietnamese, Chinese, or Asian potbellied pig (Sus scrofa bittatus) may be kept as a small animal, provided that no swine that is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept.
E.
Miniature goats. The types of goats commonly known as pygmy, dwarf and miniature goats may be kept as small animals, provided that male miniature goats are neutered and all miniature goats are dehorned.
§ 163-65 Open air markets.
§ 163-66 Student housing.
The Board of Appeals may permit student housing projects as a special exception in the R-2 Residential District subject to the following:
A.
The proposed development site is located in the University Boulevard corridor and takes access from University Boulevard;
B.
The minimum site area shall be eight acres;
C.
The proposed development meets all applicable federal, state, county and municipal codes;
D.
The development plan concept is recommended for approval by the Planning and Zoning Commission; and
E.
The development plan includes appropriate open space and recreation facilities for the residents.
§ 163-67 Tattoo establishments.
§ 163-68 Temporary buildings.
A.
In any district, temporary buildings, including trailers not used as a permanent dwelling, may be used incidental to construction work complying with the requirements of the Somerset County Health Department, provided that such buildings shall be removed upon the completion or abandonment of the construction work or at the end of one year, whichever is sooner.
B.
A special extension of six months may be granted by the Planning and Zoning Commission on the condition that written consent by the County Health Department is furnished by the applicant.
§ 163-69 Veterinary clinics, animal boarding establishments.
Veterinary clinics and animal boarding establishments are permitted in the R-1 District subject to the following conditions: