Queen Annes County Unincorporated
City Zoning Code
City Zoning Code
PART 5
Conditional Uses
[Added 5-15-2007 by Ord. No. 06-20]
§ 18:1-91 Historic structure review.
A.
This article sets forth standards for review and documentation of historic structures. The standards:
(1)
Apply to applications for approval of all site plans and major and minor subdivisions that involve any historic structures proposed for demolition, and building permits that propose demolition of any historic structure(s), and
(2)
Do not apply to administrative subdivisions.
B.
Prior to the approval of the application, review and documentation of any historic structure(s) shall be conducted in accordance with the following two-tiered process:
(1)
First tier review and documentation procedure. Subject to the review of the following information, and based on the recommendation of the Heritage Coordinator, a determination shall be made by the Planning Director or his/her designee if a second tier review and documentation is required:
(a)
The applicant shall provide a basic floor plan that includes interior and exterior dimensions of the structure(s).
(b)
The Department shall conduct a site inspection for the purpose of photographing the historic structure(s), which may include the exterior and interior of the structure(s).
(2)
Second tier review and documentation. Pursuant to a first tier determination, a second tier review and documentation shall be completed within 30 days of the determination, which may result in completion of a Maryland Inventory of Historic Places form developed by the Maryland Historical Trust. A second tier review and documentation shall consist of the following:
(a)
Photographs of exterior details, including but not limited to features such as chimneys, wall coverings, windows, and doors;
(b)
Photographs of any outbuildings;
(c)
Access to the interior shall be granted in order to obtain detailed photographs of the interior spaces to capture any unique elements in the rooms that may help date the structure, including but not limited to woodwork, window surrounds, fireplaces, stairways, mantels, doors, and newel posts; and
(d)
Overall measurements of the structure.
(3)
Emergency provisions. These requirements may be waived or modified by the Planning Director or his/her designee, when a structure is deemed to be an imminent threat to health, safety, and welfare of the adjoining properties and persons and/or determined to be subject to condemnation in accordance with current building codes.
§ 18:1-92 Definition; enumeration.
In general. Conditional uses are those uses that must be reviewed on a case-by-case basis to evaluate their appropriateness for a particular location. Conditional uses for each zoning district are listed in Part 3, Article V of this Chapter 18:1, and additional criteria for conditional uses may be set forth therein.
§ 18:1-93 Conditional use procedures.
A.
Application.
(1)
An application for conditional use approval shall include:
(a)
A concept site plan and/or sketch subdivision plan as required in §§ 1:18-143 and 18:1-179 of this Chapter 18:1; and
(b)
Any other information necessary to determine the appropriateness of the use at a particular location.
(2)
An application for conditional use approval shall be completed so that a hearing before the Board of Appeals can be scheduled within six months of the submission date. The Clerk to the Board of Appeals will return incomplete applications beyond this time period. An applicant shall file a new conditional use application with the appropriate fee if a hearing is not scheduled within six months.
(3)
Pending applications for conditional use approval prior to the effective date of this Chapter 18:1 shall have six months to schedule a hearing after the effective date of this Chapter 18:1. Beyond such date, the Clerk to the Board of Appeals will return the application.
B.
Approval procedure.
(1)
Applications for conditional use approval shall be processed by the Planning Director as follows.
(2)
Prior to formal application for conditional use approval, it is highly recommended that the applicant schedule a meeting with County staff to discuss the proposal. During this meeting, every effort will be made to provide the applicant with preliminary guidance.
(3)
The Department of Planning and Zoning will offer a formal response to the applicant only after the applicant submits to the Clerk to the Board of Appeals:
(a)
A complete application, as prescribed by the Board of Appeals; and
(b)
A concept/sketch plan as required under §§ 18:1-143 and 18:1-179.
(4)
The Clerk to the Board of Appeals will forward copies of the application to the Departments of Planning and Zoning, Public Works, and Environmental Health, and to the Maryland State Highway Administration, Critical Area Commission, and other applicable state and County review agencies as appropriate.
(5)
The Department will prepare a staff report outlining its comments, concerns, and recommendations and forward a copy to the Board of Appeals and applicant within 10 working days. Although the Department may request additional information from the applicant, or may request that the application and/or plans be revised, this request is not a requirement.
(6)
For any proposed heavy industrial use, the Planning Commission will hold a public hearing regarding the proposed use, and will review and make recommendations to the Board of Appeals regarding the proposed conditional use application.
(7)
A public hearing shall be held by the Board of Appeals after a public notice has been published in accordance with Article 66B of the Annotated Code of Maryland. The attorney for the Board of Appeals is responsible for scheduling a hearing date.
(8)
Not later than 10 days prior to the date set for the hearing on the application, the Planning Director and each official or agency to which the application has been referred shall file a written report with the Board of Appeals setting forth:
(a)
The recommendations for changes in the plans as submitted; and
(b)
The conditions for approval, if any, necessary to bring such plan into compliance with any applicable ordinance or regulation or to eliminate any adverse effects of the proposed development on those aspects of the general health, safety, and welfare of the community for which such official or agency has special responsibility.
(9)
In approving the application for any conditional use, the Board of Appeals may impose such restrictions and conditions as it determines are required by the general purposes, goals, and objectives of the Comprehensive Plan and this Chapter 18:1 to prevent or minimize adverse effects from the proposed use and development on other properties in the neighborhood and on the general health, safety, and welfare of the County. All conditions imposed upon any conditional use approval shall be expressly set forth in the resolution granting such conditional use approval.
(10)
Conditional use approval is not transferable and shall become null and void if:
(a)
Construction work has not begun within one year of the signing of the final site plan or plat; or one year from the date of conditional use approval; or a larger period of time as set by the Board of Appeals when granting the approval; or
(b)
Construction work has not been completed within two years of the commencement of initial construction.
§ 18:1-94 General use standards.
An application for a conditional use may not be approved unless the Board of Appeals specifically finds the proposed conditional use appropriate in the location for which it is proposed, based on the following criteria:
A.
The proposed use at the proposed location shall be consistent with the general purpose, goals, objectives, and standards of the Comprehensive Plan, this Chapter 18:1, or any other plan, program, map, or ordinance adopted, or under consideration pursuant to official notice, by the County.
B.
The proposed use at the proposed location will not result in a substantial or undue adverse impacts on adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way, or other matters affecting the public health, safety, and general welfare.
C.
The proposed use at the proposed location will be adequately served by, and will not impose an undue burden on, any of the required improvements referred to in this Chapter 18:1, Part 7. Where any such improvements, facilities, utilities, or services are not available or adequate to service the proposed use at the proposed location, the applicant shall, as part of the application and as a condition of approval of the conditional use, be responsible for establishing ability, willingness, and binding commitment to provide such improvements, facilities, utilities, and services in sufficient time and in a manner consistent with the Comprehensive Plan, this Chapter 18:1, and other plans, programs, maps, and ordinances adopted by the County.
§ 18:1-95 Additional standards for specified conditional uses.
[Amended 9-7-2004 by Ord. No. 04-11; 9-7-2004 by Ord. No. 04-27; 1-17-2006 by Ord. No. 05-28; 9-5-2006 by Ord. No. 06-10; 2-24-2009 by Ord. No. 08-19; 4-14-2009 by Ord. No. 08-20; 12-8-2009 by Ord. No. 09-23; 12-13-2011 by Ord. No. 11-07; 7-10-2012 by Ord. No. 12-10; 3-26-2013 by Ord. No. 01-13; 7-12-2016 by Ord. No. 16-06; 4-11-2017 by Ord. No. 16-15; 4-11-2017 by Ord. No. 17-06; 1-23-2018 by Ord. No. 17-17; 3-12-2024 by Ord. No. 24-04; 6-10-2025 by Ord. No. 25-01; 8-26-2025 by Ord. No. 25-10]
A.
In general. The additional standards set forth in this section must be met for the particular conditional uses.
B.
Telecommunications facilities.
(1)
Purpose and intent. The purpose of this subsection is to establish general guidelines for the siting of telecommunications towers and antennas, and telecommunications equipment buildings.
(a)
The goals of this subsection are to:
[1]
Protect residential areas and land uses from potential adverse impacts of telecommunications facilities;
[2]
Encourage the location of telecommunications facilities in nonresidential areas;
[3]
Minimize the total number of towers throughout the community;
[4]
Strongly encourage the joint use of new and existing telecommunications facilities and other suitable existing structures as a primary option rather than construction of additional single-use facilities;
[5]
Encourage the location of telecommunication facilities in areas where the adverse impact on the community is minimal;
[6]
Encourage the configuration of telecommunications facilities so that adverse visual impact is minimized through careful design, siting, landscape screening, and innovative camouflaging techniques;
[7]
Encourage the configuration of telecommunications facilities so that the health, safety, and general welfare of the public are protected;
[8]
Enable providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
[9]
Consider the public health and safety impacts of telecommunication facilities;
[10]
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and
[11]
Ensure compliance of local laws with the Telecommunications Act of 1996.
(b)
It is the policy of Queen Anne's County that new telecommunications towers be built at the lowest height possible that will still allow for collocation opportunities and will not necessitate the construction of additional towers to achieve the same service coverage objectives.
(2)
Applicability. All new telecommunications facilities and associated equipment buildings in the County shall be subject to these regulations. New facilities shall include replacement of existing towers.
(a)
Conditional use approval will be required for all:
[1]
New telecommunications towers;
[2]
Existing facilities/structures that require additional height; or
[3]
Existing public facilities (i.e., water tanks and telecommunications towers owned by the County) which are not used for commercial purposes.
(3)
Exceptions.
(a)
Amateur radio station operators and receive-only operations. This subsection shall not govern any telecommunications facility which is operated by a federally licensed amateur radio station operator or is used exclusively for receive-only operations.
(b)
Placement of collocated antennas. The requirements of this subsection shall not govern the placement of antennas, so long as such placement does not violate height and setback provisions of the zoning district in which such antennas are proposed as long as required building permits or zoning certificates are issued.
(4)
Submission requirements for Board of Appeals conditional use approval.
(a)
In addition to other conditional use requirements set forth in Chapter 18:1, Part 5, Article XVII, applications for proposed telecommunications facilities shall provide the following:
[1]
A system design plan that includes the following:
[a]
Radio frequency parameters;
[b]
Tower height;
[c]
Tower type or facility;
[d]
Latitude and longitude of tower facility;
[e]
State plane coordinates;
[f]
Possible number of collocations the proposed telecommunications tower can accommodate at capacity;
[g]
Radio frequency output; and
[h]
Effective radiated power and azimuth antenna type.
[2]
Site plans and construction drawings showing all equipment and/or storage buildings, shelters, landscaping, access, and environmental features on the site.
[3]
A map that demonstrates that the new structure will not interfere with existing or proposed government microwave paths.
[4]
A County-wide coverage map that illustrates County-wide coverage available with and without the proposed telecommunications facility, including the County's public communications system. This coverage map may be maintained by the County and provided in its most updated form to the applicant upon request.
[5]
A County-wide location map that illustrates the applicant's existing, proposed, and anticipated telecommunications facilities over a period of five years. Facilities anticipated in the future shall be designated on the location map, and are not considered part of the current application. Board of Appeals action on the current application in no way affects future proposed facilities not part of the current application.
[6]
Aerial and ground photographs of the site and surrounding areas.
[7]
Photo simulations of the structure.
[8]
Evidence, including photographs, that a balloon test was performed and that the public was informed in advance of when the balloon test was to be conducted.
[9]
Elevation drawings that illustrate the following:
[a]
All equipment and storage buildings on the property;
[b]
The color and building materials to be used on the proposed telecommunications facility; and
[c]
Compliance with site design standards in this section.
[10]
A landscaping plan that demonstrates compliance with site design standards in this section.
[11]
A radio frequencies study performed by a certified engineer that demonstrates that it is unlikely that the combined frequencies (existing and proposed by the applicant) will cause interference with County emergency services at the ground level.
[12]
Letter or study by a certified engineer that the existing structure is sound for additional loading.
[13]
Proof of compliance with Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) regulations, where applicable.
[14]
An evaluation of the proposed facility's relationship to other telecommunications towers, antennas, and water tanks that are either:
[a]
Within 1/2 mile of the proposed telecommunications facility; or
[b]
Greater than 1/2 mile from the proposed telecommunications facility and are more than 100 feet in height.
[15]
Identification of any public or private runway within one mile of a proposed telecommunications tower.
[16]
A narrative report describing all environmental features on the site, including wetlands (both tidal and nontidal), wetland buffers, streams, stream buffers, steep slopes, soils, woodlands, habitats for threatened and endangered species, and historic properties.
[17]
Documentation of the right to gain lawful access to the property in order to install, construct, operate, and maintain the proposed telecommunications facilities and equipment buildings.
[18]
Legally binding agreements between the owner of the proposed facility and at least one service provider, wherein the service provider agrees to lease space on the tower. The name and address of each contracting provider is required. If service agreements have not been executed at the time of the Board of Appeals' approval, no building permit shall be issued until at least one service agreement has been executed and provided to the County.
[19]
If the property is subject to an easement, whether a conservation easement or otherwise, the applicant shall demonstrate that the construction of the proposed telecommunications facility or equipment will not violate the terms of the easement.
[20]
An alternatives analysis prepared by the applicant, which addresses the following:
[a]
All reasonably feasible alternative locations or facilities that would provide the proposed communication service;
[b]
An analysis indicating whether an existing facility can be structurally modified to accommodate the applicant's proposed use and coverage area;
[c]
The potential for collocation at an existing or a new site and the potential to locate facilities as close as possible to the intended service area;
[d]
The rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives; and
[e]
Any physical and economic constraints on selecting collocation sites.
[21]
Demonstration that the applicant made a good faith effort to collocate with other carriers. Such good faith effort shall include the following:
[a]
Use of the Planning Department's tower database and tower map to identify and fully explore collocation opportunities;
[b]
Conducting a survey of all existing structures that may be reasonable for collocation;
[c]
Contact with other service providers in the County; and
[d]
Sharing information necessary to determine whether collocation is feasible under the design configuration most accommodating to collocation.
(5)
Submission requirements for the building permit process.
(a)
Applications for proposed telecommunications facilities shall provide the following:
[1]
A system design plan that includes the following:
[a]
Name, address, and phone number of the property owner, facility owner and the service provider;
[b]
Tax Map, block, parcel number and street address of the subject property;
[c]
Conditional use approval case number of the existing tower/facility;
[d]
Radio frequency parameters;
[e]
Existing tower height; year erected;
[f]
Existing tower type or facility;
[g]
Latitude and longitude of tower facility;
[h]
State plane coordinates;
[i]
Number of antennas/devices proposed on the existing tower;
[j]
Possible number of additional collocations the existing telecommunications tower can accommodate;
[k]
Radio frequency output; and
[l]
Effective radiated power and azimuth antenna type.
[2]
Site plans and construction drawings showing all equipment and/or storage buildings, landscaping, access, and environmental features on the site.
[3]
A County-wide coverage map that illustrates County-wide coverage available with and without the proposed telecommunications facility, including the County's public communications system. This coverage map may be maintained by the County and provided in its most updated form to the applicant upon request.
[4]
A County-wide location map that illustrates the applicant's existing, proposed, and anticipated telecommunications facilities over a period of five years. Facilities anticipated in the future shall be designated on the location map, and are not considered part of the current application.
[5]
Elevation drawings that illustrate the following:
[a]
All equipment and storage buildings on the property;
[b]
The color and building materials to be used on the proposed telecommunications facility; and
[c]
Compliance with site design standards in this section.
[6]
A landscaping plan that demonstrates compliance with site design standards in this section.
[7]
A radio frequencies study performed by a certified engineer that demonstrates that it is unlikely that the combined frequencies (existing and proposed by the applicant) will not cause interference with County emergency services at the ground level.
[8]
Proof of compliance with Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) regulations, where applicable.
[9]
Documentation of the right to gain lawful access to the property in order to install, construct, operate, and maintain the proposed telecommunications facilities and equipment buildings.
[10]
Legally binding agreements between the owner of the existing facility and the applicant or the service providers, wherein the owner of the existing facility agrees to lease space on the tower.
(6)
Criteria for review by Board of Appeals. The Board of Appeals shall not approve any application for a new telecommunications tower, except where the applicant demonstrates that:
(a)
Collocation is not a reasonably feasible alternative to the proposed telecommunications tower, according to the following criteria:
[1]
Collocation would exceed the structural capability of any existing commercial or publicly owned telecommunications facility, building, or other structure that would provide the effective signal coverage sought by the applicant, including structures that have been approved but have not been constructed. The Board of Appeals must find that such structures cannot be modified or reinforced to accommodate planned or equivalent equipment at a reasonable cost;
[2]
Existing commercial or publicly owned telecommunications facilities, including those that have been approved but are not yet constructed, do not have space on which the proposed telecommunications facilities can be placed so as to function effectively; and
[3]
Collocation cannot be accomplished either without causing significant deterioration of visual appearance with respect to bulk and height, or that such deterioration cannot be remedied by camouflaging the facility.
(b)
That each of the following location, design and landscaping standards has been met.
[1]
Illumination. No signal, lights, or illumination shall be permitted on a proposed facility unless required by the FCC or the FAA.
[2]
Signage. No signage shall be permitted that is not required by FCC on the telecommunications facility.
[3]
Sites of significant public interest. Telecommunications facilities shall not unreasonably interfere with the view of, or from, sites of significant public interest, such as a public park, a state-designated scenic road, or a state-designated historic site.
[4]
Building height. Telecommunications facilities shall not exceed height limitations set forth in this Chapter 18:1, Part 3, Article V. Telecommunications facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height. The building height of telecommunications equipment buildings shall not exceed 15 feet.
[5]
Setbacks.
[a]
A telecommunications facility shall be set back from all property lines a distance equal to the height of the tower. Upon a showing by the applicant that the proposed telecommunications tower is structurally engineered in such a manner that a reduced fall zone is adequate, the Board of Appeals may reduce the facility setback to no less than 1/2 the height of the proposed tower plus 10 feet. Such a showing must be based on the written testimony of a structural engineer or other qualified professional.
[b]
All lattice towers and guy towers shall be at least 300 feet from any residential structure. Telecommunications facilities shall be situated at least 200 feet from any public park or recreational area.
[c]
Guy wire anchors shall be setback at least 20 feet from any property line.
[6]
Future collocations. The telecommunications facility shall be constructed so as to provide adequate capacity for the future collocation of at least five commercial or publicly owned carriers for towers equal to or more than 175 feet height or three commercial or publicly owned carriers for towers less than 175 feet height. The Board of Appeals may allow a reduction in this requirement upon a showing that full compliance is not reasonably possible due to structural, financial, or aesthetic concerns, or that full compliance would result in violation of a provision of Chapter 18.
[7]
Tower color. Telecommunications towers shall be gray or a color that minimizes visibility, unless the FCC or the FAA requires a different color.
[8]
Camouflaging. Commercially available technology shall be employed to minimize tower visibility, with specific reference to size, color, and silhouette properties. Camouflaging shall be required so that the telecommunications facility is not readily visible from an adjacent property. However, this requirement may be waived or modified where the applicant demonstrates that camouflaging is financially or structurally unreasonable or otherwise prohibits a telecommunications carrier from providing service within the County. Such demonstration must be supported by submission of a statement of position, qualifications, and experience by a licensed radio frequency engineer.
[9]
Landscaping. Plant materials should be used to improve site aesthetics by buffering the base of the towers and telecommunications equipment buildings. Security fencing should be attractive and of high-quality material.
[10]
Security fence. A fence or wall not less than eight feet in height from finished grade shall be installed so as to enclose the base of any proposed telecommunications tower and equipment building. Access to the tower shall be controlled by a locked gate. The fence or wall shall be of wood construction and shall be designed so as to blend with the surrounding area.
[11]
Telecommunications equipment buildings. Equipment buildings not completely screened by a security fence shall have pitched roofs and shall be constructed of either masonry or wood, with wood, vinyl, reinforced concrete, or other good quality siding material. All utilities not located within an equipment shelter or otherwise completely screened by a security fence shall be placed underground.
(7)
To the extent a proposed telecommunications facility complies with FCC regulations concerning radio frequency emissions, the Board of Appeals shall not base a denial of an application for a telecommunications facility on the environmental effects of radio frequency emissions.
(8)
Termination of use.
(a)
Board of Appeals approval of a telecommunications facility depends on its continued use as a wireless communications facility. In the event that a telecommunications facility ceases to be used for a period of one year, conditional use approval shall be deemed revoked. The applicant shall take all necessary steps to dismantle the facility and remove and dispose of all remnants and materials from the subject parcel within 90 days after revocation of the conditional use approval. The applicant shall ensure removal of the telecommunications facility and all associated accessory structures, including foundations, by posting a monetary guarantee, in accordance with Part 7, Article XXVII, of this Chapter 18:1. The guarantee shall be submitted prior to the issuance of a building permit and shall be for an amount equal to the total cost estimate approved by the Planning Director for the removal of the facility, plus a fifteen-percent contingency.
(b)
If, prior to the revocation, the Planning Director is presented with evidence that further viability of the facility is imminent, the Planning Director may grant one extension of the conditional use approval for a period not to exceed a total of 18 months beyond the termination of use as a wireless communications facility. Once revoked, the applicant must submit a new application for conditional use approval to resume operation as a wireless communications facility.
(9)
Board of Appeals denial. Should the Board of Appeals decide that denial of an application under this subsection is appropriate, the Board of Appeals shall set forth the reasons for the denial in writing supported by substantial evidence contained in a written record.
(10)
Expert review. Where due to the complexity of the methodology or analysis required to review an application for a telecommunications facility, the Planning Director may require a technical review by a third party expert, the costs of which shall be borne by the applicant.
(a)
The expert review may address the following:
[1]
The accuracy and completeness of submissions;
[2]
The applicability of analysis techniques and methodologies;
[3]
The validity of conclusions reached;
[4]
Whether the proposed telecommunications facility complies with the applicable approval criteria set forth in this Chapter 18; and
[5]
Other matters deemed by the Planning Director to be relevant in determining whether a proposed telecommunications facility complies with the provisions of this Chapter 18.
(b)
Based on the results of the expert review, the Planning Director may require changes to the applicant's application or required submissions.
(c)
The applicant shall reimburse the County within 10 working days of the date of receipt of an invoice for expenses associated with the third party expert's review of the application. Failure by the applicant to make reimbursement pursuant to this subsection shall abate the pending application until payment in full is received by the County.
(11)
Limited variance available. A variance may be granted to the provisions of this subsection, only where the Board makes one of the following findings in addition to those set forth under § 18:1-121:
(a)
That failure to grant the variance would prohibit or have the effect of prohibiting the provision of personal wireless services;
(b)
That failure to grant the variance would unreasonably discriminate among providers of functionally equivalent personal wireless services;
(c)
That the variance will obviate the need for additional telecommunications towers;
(d)
That the variance is necessary to ensure adequate public safety and emergency management communications; or
(e)
That the variance is the minimum necessary in order for the applicant to provide broadcast services pursuant to an FCC-issued construction permit.
C.
Airports, landing strips, and heliports.
(1)
Airports, private airports, private landing strips, and private or public heliports may be required to install buffer yards and/or other noise abatement devices to insure that surrounding properties and public rights-of-way are protected from adverse impacts of the use.
(2)
The applicant shall demonstrate that the proposed airport, private airport, private landing strip, or private or public heliport meets:
(a)
The standards of the State Aviation Administration of the Maryland Department of Transportation; and
(b)
All other applicable state, federal, and municipal agency regulations for the type of class of use proposed.
(3)
An application for an airport, private landing strip, or private or public heliport may not be considered unless it is accompanied by a plan, drawn to scale, showing:
(a)
The proposed location of the facility, boundary lines, dimensions, names of abutting property owners, proposed layout of runways, landing strips or pads, taxiways, aprons, roads, aircraft and vehicle parking areas, navigational aids, hangars, buildings, and other structures, such as water towers and telecommunications towers; and
(b)
The location and height of all buildings, structures, trees, and overhead wires falling within approach and departure patterns and less than 500 feet from the boundary lines of the airport.
(4)
The application shall also indicate the location of all existing airports, private airports, private landing strips, and public and private heliports within a five-mile radius.
(5)
The Board of Appeals shall consider the impact a proposed airport, private airport, private landing strip, or private or public heliport may have upon adjacent residential areas and may include such conditions in its approval of the proposed use as it considers advisable to preserve the quiet enjoyment of such residential areas including, but not limited to, restrictions on:
(a)
Arrivals or departures;
(b)
Maximum size of aircraft allowed to arrive at or depart from the facility; and
(c)
Other noise and nuisance abatement procedures not inconsistent with safe aviation practices or applicable state or federal regulations.
(6)
Notwithstanding the limits on the number of aircraft allowed to use a private airport or landing strip, the Board of Appeals may approve the temporary use of private airports or landing strips by aircraft used for agricultural spraying or fertilizing upon the specific request of the applicant and only under such conditions as the Board of Appeals may find are consistent with the nature and size of the facility, impacts on adjacent lands and uses, and the legitimate needs or convenience of properties to be served by such agricultural spraying or fertilizing.
(7)
Any building, hangar, or other structure shall be at least 100 feet from any street or lot line.
(8)
All major repairs of aircraft and machinery shall be conducted inside hangars.
D.
Marinas and covered slips.
(1)
Dimensions and locations of channels shall be designed to achieve maximum flushing of the marina basin.
(2)
The flow and volume of the natural drainage system, both on-site and on adjacent properties, shall be maintained.
(3)
Use of impervious ground surfacing shall be minimized wherever possible.
(4)
Reasonable distances shall be maintained between water and parking and loading areas.
(5)
New commercial marinas of more than 20 slips shall be developed only as part of a mixed-use project, including one or more of the following uses permitted in the underlying zoning district:
(a)
Restaurants;
(b)
Nautical supply shops;
(c)
Boutiques;
(d)
Retail shops; and/or
(e)
Lodging establishments.
(6)
New marinas and additions to existing marinas shall be serviced by sanitary sewer connections for pump outs for boat slips within the marina.
(7)
All on-site storage of flammable liquids shall be subject to the requirements of § 18:1-58B and C.
(8)
All covered slips and piers shall comply with applicable state and federal regulations.
E.
Major extraction, major and minor dredge disposal, and organic fertilizer storage and transfer operations.
(1)
Extraction includes sand, clay, shale, gravel, topsoil or similar extractive operations, including borrow pits (excavations for removing material for filling operations), and dredge disposal operations are limited to land disposal or storage of dredge materials from navigable waters, and organic fertilizer storage and transfer operations are limited to use of the fertilizer on the property on which the operation is proposed.
(2)
All applications for a zoning permit for all industrial or agricultural support proposals requiring conditional use approval shall, in addition to what is otherwise required for a conditional use permit, be presented to the Planning Commission during a public hearing. The Planning Commission shall forward its report and recommendations to the Board of Appeals within 60 days of the Planning Commission's review. The Board of Appeals shall not render its decision until the Planning Commission recommendations have been received and reviewed.
(a)
Any extraction and disposal proposals for the treatment of effluent for a single-family home or community effluent systems that are part of a residential subdivision, are excluded from this requirement.
(b)
Any alteration to a proposed end use or reclamation use requires mandatory Board of Appeals approval.
(3)
When applying for a zoning permit, the applicant shall provide, in addition to what is otherwise required for a conditional use permit:
(a)
A plan of general area within a one-mile radius of the site at a scale of 1,000 feet to the inch or less with a ten-foot contour interval or less that includes the information specified in Subsection E(4) of this section;
(b)
A plan of the proposed site at a scale of 100 feet to the inch or less with a two-foot contour interval or less that includes the information specified in Subsection E(5) of this section; and
(c)
A plan of operation that includes the information specified in Subsection E(6) of this section.
(4)
The general plan shall show:
(a)
Existing data that includes:
[1]
The location of the proposed site;
[2]
The land use pattern, including building locations and historical sites and buildings within a one-mile radius of the proposed site; and
[3]
Roads, indicating major roads and showing width, weight loads, types of surfaces and traffic data.
(b)
Site and geological data that includes:
[1]
Surface drainage patterns;
[2]
Vegetation cover on the site and dominant species; and
[3]
Annual precipitation and dominant seasonal wind direction.
(c)
The proposed operation of the site that includes:
[1]
For extractive operations:
[a]
Type of material to be removed;
[b]
Annual removal rate;
[c]
Methods of extraction, including types of equipment, use of conveyors and use of blasting materials;
[d]
Supplementary processes, drying, grading, mixing or manufacturing;
[e]
Estimated life of the operation and maximum extent of area disturbed, final depths and side wall slopes; and
[f]
Approved sediment erosion control plan.
[2]
For dredge disposal facilities and organic fertilizer storage and transfer operations:
[a]
Approximate number of cubic yards of dredge material to be accepted per day, or thousands of gallons;
[b]
A detailed description of the operation;
[c]
Methods of protecting material from exposure to wind, rain, or biological influences;
[d]
Type and origin of the materials;
[e]
The average number of vehicles entering the site and the routes taken to get there;
[f]
The ability of roads and bridges to support such loadings;
[g]
On-site management techniques used to protect against odor, dust, litter and animal or insect vectors; and
[h]
Data on previous developments that have been approved by the County for building permits, zoning reviews, subdivisions or land developments.
(5)
A plan of the proposed site shall show:
(a)
Basic data that includes:
[1]
Soils and geology as related to stormwater management;
[2]
Vegetation, with dominant species; and
[3]
Wind data (directions and percentage of time).
(b)
Proposed usage that includes:
[1]
Final grading by contours;
[2]
Interior road patterns and the relation to operation yard and points of ingress and egress to state and County roads;
[3]
Estimated amount and description of aggregate and overburden to be removed;
[4]
Ultimate use and ownership of the site after completion of operation; and
[5]
Source of water if the final plan shows use of water.
(6)
A plan of operation shall show:
(a)
Proposed tree and berm screen locations;
(b)
Soil embankments for noise, dust and visual barriers and heights of spoil mounds;
(c)
Method of disposition of excess water during operation;
(d)
Location and typical schedule of blasting that complies with the criteria in Subsection E(7) below.
(e)
Machines (type and noise levels); and
(f)
Safety measures (monitoring of complaints).
(7)
End uses.
(a)
Concept plan; required information.
[1]
A plat shall contain a location map that indicates the location of the proposed end use or reclamation project in relation to municipal boundaries and traffic facilities.
[2]
A plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed end use or reclamation project. A copy of the property deed must be indicated.
[3]
A plat shall show the status of all land adjacent to the property that is the subject of the application.
[4]
A plat shall indicate the characteristics of the land to be reclaimed or developed with an end use proposal and all resources that require protection in accordance with Part 4 of this Chapter 18:1. In addition, a complete set of natural resource calculations in accordance with the requirements of Part 4; Article IX, of this Chapter 18:1 must be submitted.
[5]
The plat shall indicate the base site area, which shall meet the density/intensity requirements of the underlying zoning district.
[6]
The plat shall indicate all existing and proposed structures, roads, parking areas, and setbacks including dimensions. Parking and buffer yards must be shown on the plat and must include all computations as to how numbers were arrived at.
[7]
The plat should include an environmental review with comments by the appropriate state agency. In the case of new extraction operation, critical areas designation and delineation (IDA, LDA, and RCA) and buffers must be indicated on the plat. Dredge disposal uses are not permitted in the critical area buffers.
[8]
The concept plan shall include preliminary information as required under the Chapter 18:2, Forest Conservation, of this Chapter 18.
[9]
The concept plan shall indicate the following site statistics, if applicable:
[a]
Minimum required landscape surface area for site;
[b]
Proposed landscape surface area;
[c]
Maximum amount of allowable floor area;
[d]
Floor area proposed;
[e]
Number of required parking spaces;
[f]
Zoning of proposed and adjacent sites;
[g]
Amount of allowable impervious area;
[h]
Amount of proposed impervious area; and
[i]
Area of proposed roads for right-of-way.
[10]
The concept plan shall outline the following:
[a]
Phases of reclamation/end use;
[b]
Time frame of each phase of reclamation/end use;
[c]
Timetable/construction table outlining the construction of the end use;
[d]
Information shall be provided as to post-operation maintenance; and
[e]
Reforestation/afforestation planting plan, if applicable.
[11]
The concept plan shall include provisions for on-site water testing at the start of the reclamation/end use project and annual testing thereafter for a period of no less than 10 years. The results shall be forwarded to the Department of Environmental Health.
[12]
The concept plan shall provide information on stabilization measures including an approved sediment and erosion control plan.
[13]
The concept plan will indicate that only clean fill may be used for reclamation.
[14]
The concept plan will indicate that an excavation area may not be reclaimed as a sanitary landfill or rubble landfill or used for sludge disposal.
[15]
In the case of dredge disposal operations, an easement shall be granted to the County restricting future use of the site to an activity compatible with a reclaimed disposal use such as public recreation or open space.
[16]
If the end use is to be an open space use, then documentation shall be provided indicating who shall own and maintain the site and draft restrictive covenants shall be submitted.
[17]
A final contour and site plan shall be submitted if the end use is to be an open space use. All piles of disturbed earth or material resulting from the excavation or filling operation shall be graded to a smooth contour to control erosion and to prevent ponding and undrained water pockets.
[18]
A declaration shall be submitted binding their heirs and assigns to utilize the land in accordance with said development plan and reclamation or end use until excavation processes cease and the reclamation or end use is completed.
[19]
Legal documents shall be created outlining the legal responsibility for any environmental pollution that occurs after the facility is closed.
[20]
Evidence shall be submitted outlining the financial ability to clean up any pollution that may occur after the facility is closed.
[21]
Detailed engineering studies shall be provided by the applicant setting forth the estimated cost of the accepted plan for rehabilitation. A performance guarantee, which is determined to be suitable by the Board of Appeals, shall be submitted to cover the estimated cost of the accepted plan for end use or reclamation.
[22]
Upon abandonment of excavation and dredge disposal operations, all access roads shall be suitably barricaded to prevent the passage of vehicles, whether into or out of the abandoned area, except where such access is needed for vehicles engaged in rehabilitation work.
[23]
All machinery and structures not related to the operation of the end use shall be completely removed.
[24]
In the case of dredge disposal operations, a vegetated berm must be created to completely screen the site of a width no less than 20 feet and a height of six feet.
(b)
Determination by the Planning Director. If the Planning Director determines on the basis of the application that all information sufficient to evaluate the requested determination has been furnished, the Planning Director shall so inform the owner in writing. Alternatively, the Planning Director may require the applicant to submit additional information, which the Planning Director deems necessary for a full and complete consideration of the requested determination. Until such information is furnished, an application is not complete under this section.
(c)
Any alteration to the proposed end use or reclamation will require mandatory Board of Appeals approval.
(8)
Major extraction and major and minor dredge disposal activities.
(a)
Extraction and dredge disposal activities shall comply with the performance standards specified in this subsection.
(b)
Extractive operations shall meet all development and performance standards set forth in of this Chapter 18:1 and all applicable local, state and federal regulations.
(c)
An excavation, quarry wall, or storage area in connection with an extraction operation may not be located within:
[1]
Fifty feet of any lot line;
[2]
One hundred twenty-five feet from any street right-of-way; and
[3]
Two hundred feet of any residential or commercial district boundary line.
(d)
Screening. A vegetative buffer of no less than 20 feet wide shall screen the proposed active portion of all extraction and dredge disposal uses. This buffer will consist of mature plant material of significant size and density capable of providing immediate buffering capacity. This buffer will occur regardless of the presence or absence of any required district boundary requirements or street buffer requirements. The buffer shall be expanded to 50 feet in width when adjacent to incompatible uses. The Planning Director shall determine the most suitable location for the buffer that will provide the largest screening benefit. Open storage of equipment and materials shall be allowed only in areas screened from the view of surrounding lots.
(e)
Grading and drainage.
[1]
All excavations shall be graded in such a way as to provide an area that is harmonious with the surrounding terrain and not dangerous to human or animal life.
[2]
Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfilling may be accomplished by use of construction rubble such as concrete, asphalt, etc., or other materials, providing that such materials are composed of nonnoxious, noncombustible solids.
[3]
Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover shall not exceed normal angle of slippage of such material, or 33 in angle, whichever is less. During grading and backfilling, the setback requirements in Subsection E(8)(c) of this section may be reduced so that the top of the graded slope may not be closer than 25 feet to any lot line, 75 feet to any street line and 100 feet to any nature reserve or residential district boundary line.
[4]
When excavations that provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.
[5]
Drainage shall be provided, either natural or artificial, so that disturbed areas shall not collect or permit stagnant water to remain.[1]
[1]
Editor’s Note: Former Subsection E(9), Major extraction operations, added 4-14-2009 by Ord. No. 08-20, which immediately followed, was removed pursuant to a decision of the Maryland Court of Special Appeals, which held that Ord. No. 08-20 had been preempted by state law.
(9)
On-site exemption. Nothing contained in this Chapter 18:1 shall be construed to require a permit or conditional use approval with respect to the extraction of materials by a property owner solely for use on-site.
F.
Minor extraction.
(1)
Minor extraction includes sand, gravel, or similar extraction and clean fill storage operations. One minor extraction per lot shall be permitted. Further expansion for each additional minor extraction or a second minor extraction on the same lot or through administrative subdivision of the same lot within five years of the date that the minor extraction permit is issued shall be prohibited.
(2)
For a minor extraction operation, the applicant shall provide, in addition to what is otherwise required for a conditional use permit:
(a)
A general area plan within a one-mile radius from the extraction operation at a scale of 1,000 feet to the inch or less that includes the information specified in Subsection F(4) of this section;
(b)
General operational information that includes the information specified in Subsection F(5) of this section;
(c)
An approved sediment and erosion control plan;
(d)
Information concerning proposed usage that is specified in Subsection F(6) of this section;
(e)
A plan of operation that includes the information specified in Subsection F(7) of this section;
(f)
An end use plan for the rehabilitation of the site after the extraction operation is completed that includes the information specified in Subsection F(8) of this section; and
(g)
Detailed engineering studies setting forth the estimated costs of the accepted plan for rehabilitation. A performance guarantee which is determined to be suitable by the Board of Appeals shall be submitted to cover the estimated cost of the accepted plan for the end use or reclamation.
(3)
Any alteration to a proposed end use or reclamation use requires mandatory Board of Appeals approval.
(4)
The general plan shall show:
(a)
The location of the proposed site; and
(b)
The existing zoning.
(5)
General operations.
(a)
The general operational information for extraction operations shall include:
[1]
Type of material to be removed;
[2]
Removal rate;
[3]
Methods of extraction;
[4]
Any supplementary process;
[5]
Estimated life of the operation; and
[6]
Average number of vehicles per day.
(6)
Proposed usage information shall include:
(a)
Final grading by contours;
(b)
Interior road patterns and the relation to operation yard and points of ingress and egress to state and County roads;
(c)
Estimated amount and description of aggregate and overburden to be removed;
(d)
Ultimate use and ownership of the site after completion of operation; and
(e)
Source of water if final plan shows use of water.
(7)
The plan of operation shall show:
(a)
Proposed tree and berm screen locations;
(b)
Soil embankments for noise, dust, and visual barriers, and heights of spoil mounds;
(c)
Method of disposition of excess water during operation;
(d)
Machinery, type and noise levels; and
(e)
Safety measures; monitoring of complaints.
(8)
End uses.
(a)
Concept plan, required information.
[1]
A plat shall contain a location map that indicates the location of the proposed end use or reclamation project in relation to municipal boundaries and traffic facilities.
[2]
A plat shall show the boundaries of the land that is the subject of the application and specify the location and position of the proposed end use or reclamation project. A copy of the property deed must be indicated.
[3]
A plat shall show the status of all land adjacent to the property that is the subject of the application.
[4]
A plat shall indicate the characteristics of the land to be reclaimed or developed with an end use proposal and all resources that require protection in accordance with Part 4 of this Chapter 18:1. In addition, a complete set of natural resource calculations in accordance with the requirements of Part 4; Article IX, of this Chapter 18:1 must be submitted.
[5]
The plat shall indicate the base site area, which shall meet the density/intensity requirements of the underlying zoning district.
[6]
The plat shall indicate all existing and proposed structures, roads, parking areas, and setbacks including dimensions. Parking and buffer yards must be shown on the plat and must include all computations as to how numbers were arrived at.
[7]
The plat should include an environmental review with comments by the appropriate state agency. In the case of new extraction operation, critical areas designation and delineation (IDA, LDA, and RCA) and buffers must be indicated on the plat.
[8]
The concept plan shall include preliminary information as required under Chapter 18:2, Forest Conservation, of this Chapter 18.
[9]
The concept plan shall indicate the following site statistics, if applicable:
[a]
Minimum required landscape surface area for site;
[b]
Proposed landscape surface area;
[c]
Maximum amount of allowable floor area;
[d]
Floor area proposed;
[e]
Number of required parking spaces;
[f]
Zoning of proposed and adjacent sites;
[g]
Amount of allowable impervious area;
[h]
Amount of proposed impervious area; and
[i]
Area of proposed roads for right-of-way.
[10]
The concept plan shall outline the following:
[a]
Phases of reclamation/end use;
[b]
Time frame of each phase of reclamation/end use;
[c]
Timetable/construction table outlining the construction of the end use;
[d]
Information shall be provided as to post-operation maintenance; and
[e]
Reforestation/afforestation planting plan, if applicable.
[11]
The concept plan shall include provisions for on-site water testing at the start of the reclamation/end use project and annual testing thereafter for a period of no less than 10 years. The results shall be forwarded to the Department of Environmental Health.
[12]
The concept plan shall provide information on stabilization measures including an approved sediment and erosion control plan.
[13]
The concept plan will indicate that only clean fill may be used for reclamation.
[14]
The concept plan will indicate that an excavation area may not be reclaimed as a sanitary landfill or rubble landfill or used for sludge disposal.
[15]
If the end use is to be an open space use, then documentation shall be provided indicating who shall own and maintain the site and draft restrictive covenants shall be submitted.
[16]
A final contour and site plan shall be submitted if the end use is to be an open space use. All piles of disturbed earth or material resulting from the excavation or filling operation shall be graded to a smooth contour to control erosion and to prevent ponding and undrained water pockets.
[17]
A declaration shall be submitted binding their heirs and assigns to utilize the land in accordance with said development plan and reclamation or end use until excavation processes cease and the reclamation or end use is completed.
[18]
Legal documents shall be created outlining the legal responsibility for any environmental pollution that occurs after the facility is closed.
[19]
Evidence shall be submitted outlining the financial ability to clean up any pollution that may occur after the facility is closed.
[20]
Detailed engineering studies shall be provided by the applicant setting forth the estimated cost of the accepted plan for rehabilitation. A performance guarantee, which is determined to be suitable by the Board of Appeals, shall be submitted to cover the estimated cost of the accepted plan for end use or reclamation.
[21]
Upon abandonment of excavation operations, all access roads shall be suitably barricaded to prevent the passage of vehicles whether into or out of the abandoned area, except where such access is needed for vehicles engaged in rehabilitation work.
[22]
All machinery and structures not related to the operation of the end use shall be completely removed.
(b)
Determination by the Planning Director. If the Planning Director determines on the basis of the application that all information sufficient to evaluate the requested determination has been furnished, the Planning Director shall so inform the owner in writing. Alternatively, the Planning Director may require the applicant to submit additional information, which the Planning Director deems necessary for a full and complete consideration of the requested determination. Until such information is furnished, an application is not complete under this section.
(c)
Any alteration to the proposed end use or reclamation will require mandatory Board of Appeals approval.
(9)
Performance standards.
(a)
Extraction activities shall comply with the performance standards specified in this subsection.
(b)
Extraction operations shall meet all development and performance standards of this Chapter 18:1 and all applicable local, state, and federal regulations.
(c)
An excavation, quarry wall, or storage area may not be located within:
[1]
Fifty feet of any lot line or private road; and
[2]
One hundred feet from any public street right-of-way.
(d)
Grading.
[1]
All excavations shall be graded in such a way as to provide an area which is harmonious with the surrounding terrain and not dangerous to human or animal life.
[2]
Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practicable after excavation. Grading and backfilling may be accomplished by use of construction rubble, such as concrete, asphalt, etc., or other materials, providing such materials are composed of nonnoxious, noncombustible solids.
[3]
Grading and backfilling shall be accomplished in such a manner that the slope of the fill or its cover may not exceed normal angle of slippage of the material, or 33° in angle, whichever is less. During grading and backfilling, the setback requirements in Subsection F(9)(c) of this section may be reduced so that the top of the graded slope may not be closer than 25 feet to any lot line, 75 feet to any street line, and 100 feet to any nature reserve or residential district boundary line.
[4]
When excavations that provide for a body of water are part of the final use of the tract, the banks of the excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.
[5]
Drainage shall be provided, either natural or artificial, so that disturbed areas may not collect or permit stagnant water to remain.
(e)
Truck access to any excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties.
(f)
Vegetative cover.
[1]
When open space is the final end use for the site, all land that is not covered by water shall be covered with a sufficient amount of arable soil to support vegetation. A planting plan shall be prepared for the entire finished site using various types of plant material for the prevention of soil erosion and to provide vegetative cover.
[2]
When buildings are proposed as part of the final end use for the site, areas adjacent to proposed buildings shall be planted with a vegetative cover in keeping with the requirements of the ultimate building purposes.
(g)
Hydraulic dredges, wash plants and large excavators shall be prohibited.
G.
Bed-and-breakfasts and country inns.
(1)
A bed-and-breakfast or country inn may be approved as an adaptive reuse of an existing building, provided that the structure is at least 10 years old.
(2)
All bed-and-breakfasts and country inns shall:
(a)
Be required to obtain permits to serve food and beverages; and
(b)
Be inspected annually at a fee as established by a separate ordinance or resolution to verify that the uses continue to meet all applicable regulations.
(3)
In noncommercial districts, only one thirty-five-square-foot sign shall be allowed. Signs shall be set back from the road to maintain a rural character except in areas where adjoining uses are on the road.
(4)
There shall be:
(a)
One parking space for each room;
(b)
Three parking spaces for the owner; and
(c)
One and one-quarter spaces per four seats for the country inns having extra seating capacity.
(5)
Restaurant size shall be limited to the number of rooms in the facility.
H.
Campgrounds.
(1)
For all campgrounds, a three-inch caliper tree shall be planted within each campsite not located in a wooded area.
(2)
The perimeter of a campground shall be developed with a D buffer yard as described in § 18:1-76 of this Chapter 18:1, unless § 18:1-76 requires a greater buffer yard due to adjoining zoning districts or roadways.
I.
Group day-care. Day-care centers shall:
(1)
Meet all state requirements for day-care and/or child-care facilities;
(2)
Provide off-street parking and loading areas; and
(3)
Be located on streets that have adequate capacity to accommodate the volume of traffic generated by the proposed use.
J.
Funeral homes. Funeral homes shall:
(1)
Meet all state requirements for funeral home facilities;
(2)
Provide off-street parking and loading areas; and
(3)
Be located on a collector or arterial street.
K.
Manufactured home communities.
(1)
In the SE and SR Districts, manufactured home community sites shall provide a minimum of 60% open space in the SE District and 45% open space in the SR District. At this open space ratio and the permitted density in the SE and SR Districts, the use shall be considered to have met the provisions of § 18:1-94A of this Chapter 18:1. Further, the requirements in § 18:1-94B and C of this Chapter 18:1 should be reviewed only as the manufactured home community differs in intensity from permitted uses in the district.
(2)
In the NC-T District, the density shall be determined by the minimum lot area in the district. The requirement for open space shall be the same as that required for Suburban Residential Districts in Subsection K(1) of this section, and lot size shall be no less than 4,000 square feet in any case.
(3)
The following specific conditions shall apply.
(a)
Buffer landscaping between the manufactured home community and any existing single-family dwellings shall be of sufficient width and plant density to serve as an effective screen. The use of berms and/or evergreen plantings may be required.
(b)
Double-wide manufactured units may be required on the outer fringe of the development near existing residential uses.
(c)
The manufactured home community may not be used as a seasonal or vacation community, but rather is clearly intended to meet the needs of full-time residents of the County.
L.
First-floor commercial apartments.
(1)
Square footage of a first-floor commercial apartment shall be minimized to the extent practicable in order to insure that the dwelling is affordable and the use of the building remains substantially commercial.
(2)
First-floor commercial apartments:
(a)
Shall comply with the parking requirement for apartments in § 18:1-83J of this Chapter 18:1; and
(b)
Shall provide no less than 50 square feet of patio or deck area at the outside entrance of each unit.
(3)
The developer shall provide landscape surface area at the entrance of each unit.
M.
Truck stops and travel plazas.
(1)
A truck stop or travel plaza:
(a)
May not locate any building or parking area within 200 feet of any residentially zoned district;
(b)
May not be located on a parcel that is less than 25 acres; and
(c)
Shall include architectural design features that provide compatibility between the proposed buildings and other commercial buildings in the area.
(2)
All on-site lighting at a truck stop or travel plaza shall be sized and directed to provide for minimal light spillage onto adjacent properties.
(3)
The Board of Appeals may require additional landscaping, screening, and berming as necessary to minimize the visual and noise impact of the truck stop or travel plaza on adjacent properties.
N.
Country store.
(1)
A country store shall be located only at an intersection involving a minor arterial or collector road as designated by the State Highway Administration or the Comprehensive Plan.
(2)
No country store shall be located within one mile of an existing Village Center (VC) Zoning District.
(3)
If the access of a country store is to a state road, a State Highway Administration access permit shall be obtained.
(4)
Total floor area of a country store and accessory residential units may not exceed 3,000 square feet.
(5)
Adequate off-street parking and loading spaces shall be provided as required under § 18:1-83 of this Chapter 18:1. All parking shall be located to the side and rear of the store building and shall be screened on all sides by:
(a)
A three-to-six-foot-high, year-round, semi-opaque landscaped buffer; or
(b)
A combination of landscaping and wooden fencing.
(6)
No outside storage or display of merchandise is allowed.
(7)
All buildings shall be compatible in design with surrounding rural residential character and shall have:
(a)
Wood, brick or vinyl siding;
(b)
A minimum 1:4 roof pitch; and
(c)
A covered front porch extending at least 2/3 the length of the building.
(8)
(Reserved)
(9)
The maximum building height of a country store is 45 feet.
(10)
One wall sign is allowed, provided that the wall sign does not exceed 16 square feet in area.
(11)
One freestanding sign is allowed, provided that:
(a)
Each side of the freestanding sign does not exceed 32 square feet in area;
(b)
The height of the freestanding sign does not exceed 15 feet; and
(c)
All signs are constructed of natural materials and are not internally lighted.
(12)
A country store may contain up to two accessory residences above the first floor of the store building.
(13)
A country store may contain eat-in and/or carry-out food service, provided that no more than 50% of the total nonresidential floor area is used for food preparation and dining area.
(14)
A country store may sell petroleum products, provided only one pump island is allowed and the pump island is covered by a canopy that:
(a)
Is designed and constructed to be compatible with the store building; and
(b)
Incorporates similar roofing and siding materials.
(15)
A landscaping plan for a country store shall be submitted and approved in conjunction with the site plan.
(16)
To the extent possible, impervious surfaces shall be limited.
O.
Rural country club.
(1)
A rural country club shall include at least one eighteen-hole golf course. Additional golf courses, practice putting greens and driving ranges may be permitted.
(2)
Permitted accessory facilities.
(a)
Permitted accessory facilities for a rural country club, all of which shall be approved by the Board of Appeals, may include the following uses, subject to the floor area ratio (FAR) provisions as set forth in § 18:1-14D(2)(b) and § 18:1-15D(2)(a):
[1]
A clubhouse;
[2]
Swimming pool;
[3]
Tennis courts; and
[4]
Country inn(s) and guest lodge(s) located on land owned by the country club and within the area approved for a rural country club by the Board of Appeals.
(b)
Additional proposed accessory features or facilities shall require a determination from the Planning Commission and the Board of Appeals that the proposed features or facilities will not materially impact neighboring properties and are appropriate, given site location, site conditions and zoning classification.
(3)
A rural country club may be open to the public and/or may offer both full (golfing) membership subscriptions and social (nongolfing) membership subscriptions.
(4)
Following Board of Appeals conditional use approval and as part of mandatory site plan review, the Planning Commission shall determine that the proposed development's design standards relating to architecture and building materials are consistent with the character and complement the built environment of the area.
(5)
Special events which are traditionally associated with a private country club are permitted. These may include private functions, such as weddings, parties and receptions, as well as nonprivate tournaments and other special events which are held for the benefit of a public agency or a charity, organization or foundation recognized by the Internal Revenue Service of the United States Government as having nonprofit status.
(6)
One caretaker dwelling unit may be provided as an accessory use or structure, provided that:
(a)
The structure meets required setbacks applicable to the principal structure or structures.
(b)
The structure is located within the site's landscaped surface area.
(7)
A rural country club development proposal may include a residential component. The residential component must satisfy all zoning district requirements, performance standards and all other applicable state and County regulations. The developer must demonstrate comparability between the residential component and the golf course, in terms of land use, site aesthetics, safety and all other considerations and conditions specified in this and other sections of the Queen Anne's County Code.
(8)
As directed by the Planning Commission, a rural country club shall provide buffers to shield neighboring residential uses from the effects of noise, hazards and nuisances.
(9)
As directed by the Planning Commission, a rural country club shall provide screening to prevent light and glare spillover to adjacent neighboring residential uses.
(10)
A proposal to develop a rural country club shall include a traffic study to determine impacts to the surrounding community. The traffic study shall be conducted consistent with guidelines, standards, rates and methodologies established by the Institute of Transportation Engineers. In addition to considering the traffic which will be generated by regular rural country club operations, the traffic study shall also consider the impact of special events which the development is designed to accommodate. If the traffic study identifies that the proposed development will adversely impact existing traffic conditions, it shall be the responsibility of the developer to make whatever physical improvements are necessary to keep the traffic study area at the existing level of service.
P.
Agricultural conference facilities.
(1)
An agricultural conference facility shall be located on a single tract or parcel of land, zoned AG containing a minimum acreage of 100 acres.
(a)
The AG conference facility shall be located in an area where agriculture is the predominate use.
(b)
The proposed conditional use shall require a determination from the Board of Appeals that the proposed uses and/or facilities will not adversely impact neighboring properties and are appropriate given site location and site conditions.
(2)
Overnight accommodations are prohibited.
(3)
Special events of a non-agricultural nature shall be permitted, provided they do not constitute a majority of events held at the facility. In addition to these limitations, the Board of Appeals may further limit or prohibit non-agricultural special events if the Board of Appeals finds that such activity would have an adverse impact on traffic or neighboring properties.
Q.
High dry storage facilities or rackominiums.
(1)
Purpose and intent. The purpose of this subsection is to establish general guidelines for the establishment and siting of high dry storage facilities or rackominiums.
(2)
High dry storage facilities or rackominiums of more than 10,000 square feet shall be developed only as part of a mixed-use project, including one or more of the following uses permitted in the zoning district:
(a)
Commercial apartments;
(b)
Maritime convenience store;
(c)
Restaurants;
(d)
Retail shops and boutiques;
(e)
Office and meeting office space;
(f)
Luxury rest facilities or club house;
(g)
Shower areas, changing rooms, lockers and lounging areas;
(h)
Full-service fueling station;
(i)
Marina to support slips; and
(j)
Pedestrian boardwalk along waterway with public access.
(3)
High dry storage facilities or rackominiums shall be serviced by sanitary sewer connections for pump outs for boat slips within the marina.
(4)
Outside storage of boats is not permitted.
(5)
All on-site storage of flammable liquids shall be subject to the requirements of § 18:1-58B and C.
(6)
Reasonable distances shall be maintained between water and parking, loading and storage areas.
(7)
Use of impervious ground surface shall be minimized wherever possible.
(8)
Dimensions and locations of channels shall be designed to achieve maximum flushing of the marina basin.
(9)
The flow and volume of the natural drainage system, both on-site and on adjacent properties, shall be maintained.
(10)
The site must be landscaped, aesthetically lighted with security gates, fences and recreational amenities with public access to pedestrian walkways to access pedestrian boardwalks along the waterway.
(11)
Building/structure design must include facades that are compatible with surrounding using architectural features such as windows, peaked roofs and other architectural features that create roof breaks and breaks in the facade.
(12)
All height, setback, FAR and other bulk standards of the zoning district must be met.
R.
Resort hotels.
(1)
Resort hotels in the Countryside District shall be permitted only as an expansion of a country inn or resort hotel that was operating as of January 1, 2009.
(2)
Resort hotels may include a restaurant providing dining facilities to its guests as well as members of the general public.
(3)
Resort hotels may include conference and reception facilities and activities.
(4)
Resort hotels may include recreational amenities such as swimming facilities, spas, exercise areas, docks, boating, environmental tourism activities as well as other ancillary uses customary and incidental to the resort hotel use, provided that any such recreational amenities and ancillary uses are part of the conditional use approval.
(5)
Resort hotels shall be limited to not more than 125 guest rooms.
S.
(Reserved)
T.
Special events
(1)
Purpose. The purpose of this subsection is to establish criteria and requirements for holding special events at bed-and-breakfasts, on farms, and on single-family residential properties in the County in the Agricultural (AG) and Countryside (CS) Zones.
(2)
The following criteria must be satisfied to hold a special event:
(a)
Comply with all applicable state and local laws, including but not limited to the effluent disposal regulations of Queen Anne's County Health Department and requirements of the Queen Anne's County Fire Marshal.
(b)
Be located on a parcel of land at least 20 acres in area.
(c)
Be located at least 250 feet from the nearest residence on adjacent property.
(d)
For properties within the Resource Conservation Area (RCA), special events standards are found in Chapter 14:1 Chesapeake Bay Critical Area Act and for properties outside of the RCA, the annual number of events shall be determined by the Board of Appeals.
(e)
Hours during which special events occur shall be determined by the Board of Appeals.
(f)
Be limited to the number of quests allowed by the Queen Anne's County Health Department and Fire Marshal.
(g)
Outdoor amplified music shall not exceed 65 dB (decibel) level as measured from adjacent properties or residences according to § 18:1-95T(2)(c).
(h)
Provide lighting that is installed and maintained to confine direct light beams to the lighted property and away from nearby properties and the vision of passing motorists.
(i)
Be conducted on properties with direct access to a public or private road.
(j)
Provide all parking on-site in designated areas that are as far removed from nearby residences as possible.
(k)
Limit signage to one nonilluminated nameplate, not exceeding eight square feet in area.
(3)
In addition to other conditional use requirements set forth in Chapter 18:1, Part 5, Article XVII, special events zoning certificate shall be issued annually pursuant to § 18:1-138.