The most recent edition of the "Land Based Classification Standards, LBCS Tables" published by the American Planning Association (APA);

The most recent edition of "A Planner's Dictionary," a publication of the APA's Planning Advisory Service;

If a use or term is not listed or defined in the APA documents, the most recent edition of Webster's Unabridged Dictionary or the "North American Industry Classification Manual (NAICS);" and

The Planning Director may also seek a recommendation from the Planning Commission.

Areas devoted to growing of plants or trees shall be set back 20 feet from all property boundaries.

Parking and sales structures shall be set back 200 feet from rear and side property lines and 100 feet from the front property line.

Limited to poultry houses.

Poultry houses must be located outside the Chesapeake Bay Critical Area.

Pick-your-own produce operations, cut-your-own tree or flower operations, pumpkin patches, and similar uses. An accessory building or structure may be located on the property and used for the day-to-day operation of such activities and for the sale of products grown on site;

Additional activities directly related to education about farm production, including participation in harvesting, farm tours, classes related to production or use of farm products, and similar activities; and

Each event shall be limited to no more than 200 guests.

No outdoor music is permitted before 9:00 a.m. or after 10:00 p.m.

Such events shall take place on no more than 12 days per calendar year.

The operator of the farm-based recreation use does not need to apply for a use certificate for each of the 12 events. Records shall be maintained and made available to the Planning Office upon request that provide event details to include date, event time lines, and number of attendees.

Production of wine, beer and/or distilled spirits using a product or products grown on-site.

Bottling, aging, storage, shipping, and loading facilities and administrative offices.

Accessory sales of products produced on-site and the regular sale of promotional items including but not limited to glassware, clothing, bottle openers and similar items. The retail sales display area shall be no larger than 500 square feet.

Product tasting, and limited food service, provided the area inside the building used for such activities shall not exceed 49% of the gross floor area of the building.

The home must be manufactured after January 1, 2001, and be in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended.

The base width of the home for any front, side and rear elevation must be 22 feet wide and it must have eaves on each side with a minimum of one-foot overhang beyond the base width, such that the total width from eave to eave shall be at least 24 feet.

The home must have a minimum 4/12 roof pitch.

The roof must be finished with shingles or other conventional roofing materials common to residential construction, and the exterior siding must be similar in appearance to common residential construction.

The home must have a County-approved permanent continuous masonry foundation, unpierced except for required ventilation and utilities access installed under the home. The permanent masonry or brick foundation shall be left exposed or skirted with other masonry or brick.

Permanent landing and steps with handrails are required at each exterior doorway.

The tongue, axles, transporting lights and removable towing apparatus must be removed after placement on the lot and before occupancy.

Standards set forth in Subsection D.1 through 7 above are not applicable to the following:

Public schools allowed, in accordance with COMAR 27.02.02 (State and Local Agency Actions Resulting in Development of Local Significance on Private Lands or Lands Owned by Local Jurisdictions); and

Private schools allowed, subject to lot coverage limitation of 15% of the site or 20,000 square feet, whichever is less.

Public and quasi-public services are permitted.

Privately owned and operated services in operation prior to August 13, 1989, may be expanded, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

Limited to service organizations and nonprofit charitable organizations and institutions.

Uses are subject to lot coverage limitation of 15% of the site or 20,000 square feet, whichever is less.

Structures existing prior to August 13, 1989, may be expanded, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

Maximum number of patients: eight.

Expansion is permitted, provided lot coverage is limited to 15% of the site or 20,000 square feet, whichever is less, except that lot coverage may be increased through the use of growth allocation subject to § 190-55.5.

The accessory structures listed above shall not exceed a cumulative total of 20,000 square feet: and

Limitations prescribed in Subsection C.1 above may be increased through the use of growth allocation subject to § 190-55.5.

Structures: 200 feet.

Parking and outdoor displays, amphitheaters or congregating areas: 150 feet.

The requirements for water-dependent uses in § 190-15.14, Water-dependent facilities, shall be considered to the extent that they are applicable to the particular use.

Sanitary facilities shall be provided meeting the requirements of Maryland state law.

Permeable surfaces shall be used wherever standard engineering practices allow, if no degradation of groundwater would result.

Not more than 15% of existing natural vegetation shall be permanently disturbed.

All facilities, including areas for passive recreation (trails, education) shall be located outside the Shoreline Development Buffer.

The use must conform to the general findings and requirements for special exceptions in Article VII and the general requirements for the use in § 190-15, Critical Area Overly District.

In the RC District, any proposed change of use from Natural Resource - Oriented Public Recreation, Education, and Research to another permitted use in the RC District shall be reviewed by the Critical Area for consistency with the purposes and characteristics of the Resource Conservation Area (RCA).

A use certificate and vendor's license is required. A separate license is required for each location.

The roadside vendor or food truck shall display the license in a conspicuous location at the site where the vendor is operating.

Fees for the use certificate and vendor's license shall be paid in accordance with the adopted fee schedule.

Maximum number of days of operation per calendar year for short-term vendors: seven.

The Planning Director may waive license fees and extend the number of days that a short-term roadside vendor may operate, provided the vendor holds federal tax-exempt status under § 501(c)(3) of the Internal Revenue Code or otherwise dedicates its proceeds to a charitable organization or valid fund-raising activity.

If located on a commercial or industrial site, the roadside vendor may occupy surplus parking spaces or similar areas on site, but shall not occupy required landscape yards or parking spaces.

A roadside vendor may locate on an unimproved lot in the LC or GC Zoning District, subject to approval of a simplified site plan as well as a use certificate.

Vendors must obtain the written permission of each property owner on whose property the vendor's operation is located.

Maximum number of employees on site: three.

Vendors shall operate in a manner that permits safe ingress and egress to and from the operation.

Roadside vendors and food trucks shall locate such that the site they occupy complies with all development standards pertaining to the zoning district and applicable overlay districts such as the Gateway Overlay District.

All facilities associated with the roadside vendor shall be removed immediately upon discontinuation of the use.

Inns are permitted only when entirely or partially operated within structures located in the Historic Overlay District (HD) or listed on the Department of the Interior National Register of Historic Places.

Inns must be located upon parcels of land greater than five acres in size.

Inns may be served by a dwelling (single-family, detached) on the same parcel so long as the dwelling is not located within the Critical Area and is utilized by the owner or a full-time employee of the inn.

Inns located within the Critical Area are not permitted to utilize guest rooms within accessory structures that did not exist as of December 31, 2023. Total lot coverage serving an inn within the Critical Area shall be limited to the lesser of (1) 15% of the total acreage within the Critical Area; or (2) 20,000 square feet.

All areas used for such events shall be within 500 feet of the primary country club structure.

Each event shall be limited to no more than 200 guests.

No outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.

Such events shall take place on no more than 12 days per calendar year. The operator does not need to apply for a use certificate for each of the 12 events. Records shall be maintained and made available to the Planning Office upon request that provide event details to include date, event time lines, and number of attendees.

These restrictions shall not apply to customary country club uses or events.

Major retail uses are all retail establishments in a single building or multiple buildings occupying more than 25,000 square feet but no more than 65,000 square feet of gross floor area.

For purposes of this section, the term "gross floor area" shall include indoor and outdoor space utilized for retail display and sale of goods. No combination of structures, or structures and outside retail display and sales areas on the same or on contiguous lots or parcels, shall exceed 65,000 square feet in gross floor area for a single or commonly controlled retail business operation.

The standards for major retail uses do not apply to:

All facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

All facades shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60% of their horizontal length.

Color change.

Textured change.

Material module change.

Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib.

Parapets completely concealing the flat roofs and all rooftop equipment from public view. The average height of such parapet shall not exceed 15% of the height of the supporting wall, and such parapet shall not at any point exceed 1/3 of the height of the supporting wall. Such parapet shall feature three-dimensional cornice treatments.

Overhanging eaves, extending no less than three feet past the supporting walls.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.

Multiple roof slope planes.

Predominant exterior building materials shall be high-quality materials. These include, without limitation:

The predominant facade color shall be low reflectance, subtle, neutral, or earth colors. The use of high-intensity or fluorescent colors is prohibited.

Building trims and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.

Predominant exterior building materials shall not include the following:

Each primary building on the site shall have a clearly defined, highly visible customer entrance featuring at least three of the following:

Entrance. All sides of a primary building that directly face an abutting public street shall feature at least one customer entrance. Where a primary building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street.

Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other uses shall not be visible from abutting streets.

No areas for outdoor storage, trash collection, or trash or compaction, loading or other uses shall be located within 25 feet of any public street, public sidewalk or internal pedestrianway.

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and design of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

Sidewalks at least eight feet in width shall be provided along all sides of the lot that abut a public street.

Continuous internal pedestrian walkways, no less than eight feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all primary buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activities, such as, but not limited to, transit stops, street crossings, and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flowerbeds, ground covers or such other materials for no less than 50% of its length.

Sidewalks, no less than eight feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalk shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.

Internal pedestrian walkways provided in conformance with Subsection K.2 above shall provide weather protection features, such as awnings or arcades, within 30 feet of all customer entrances.

All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, no-maintenance service materials, such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

Bicycle traffic shall be accommodated by providing adequate bicycle circulation routes (which may or may not be combined with the required pedestrian walkways and sidewalks) as well as bicycle storage facilities (i.e., racks or lockers).

Each establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following:

Any such areas shall have direct access to the public sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

Permitted only in a structure that existed on June 22, 1991.

All restoration work and storage shall be indoors.

A building or structure housing a sexually oriented business shall be located at least 1,000 feet from any land parcel zoned residential and at least 1,000 feet from any parcel containing a school, house of worship, park or recreation facility, day-care center, small group, day-care center, large group, or day-care facility, family.

For this section's purposes, measurement shall be made in a straight line, between the closest points of the affected structures and the affected parcels.

A lawfully operating sexually oriented business shall not be rendered a nonconforming use by the subsequent change in zoning of neighboring parcels or the subsequent location of a use listed in Subsection A.1 above.

Have lighting to a level of at least two footcandles for all exterior areas, including but not limited to parking lots or areas, loading docks, and sidewalks; and

Be equipped with video surveillance cameras that monitor the premises' exterior from a management station located within the business.

The post-extraction use shall be consistent with County plans and regulations. The following shall be given priority for post-extraction uses: recreational uses, such as parks and lakes; forestry; aquaculture; or residential development.

Any post-extraction use as a rubble fill shall be limited to County-generated rubble.

The operational procedures shall protect the Critical Area from all sources of pollution from mineral extraction activities, including, but not limited to, sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of waste, dusts, and spoils; all runoff shall be retained on site.

The post-extraction or post-excavation use(s) of the site shall be proposed with the operational procedures to ensure that extraction activities permit reclamation of the site within two years after excavation is completed.

Mineral extraction activities shall not:

Surety shall be provided to guarantee that all proposed reclamation activities are accomplished.

One hundred feet from road right-of-way;

Fifty feet from adjacent properties in the same zoning district;

Three hundred feet from other zoning districts.

Disposal areas shall be set back a minimum of 100 feet from public and private rights-of-way;

Disposal areas shall not be located nor expanded within 300 feet of a dwelling, school, or church or within 100 feet of any boundary of the site;

Solid waste disposal sites shall be effectively screened from public view by dense foliage, topography, or fencing. A surrounding security fence, a minimum of six feet in height, shall be constructed prior to operation of the site. The fence shall be of suitable construction, shall be unobtrusively painted or finished and shall be maintained in good condition. In addition, a landscaped buffer strip 100 feet in width, located outside of the security fence, shall be provided around the entire periphery of the site.

The operational procedures shall minimize the discharge of bottom wash water into tidal waters;

The operational procedures shall meet the sanitary requirements of the Maryland Department of the Environment as required by COMAR 26.04.02.

New marinas shall not be located adjacent to anadromous fish spawning waters, shellfish beds, and submerged aquatic vegetation areas;

Expansion of existing marinas in the Rural Conservation District shall not degrade water quality and shall result in an overall net improvement in the water quality within and at the entrance to the marina; and

The number of slips or mooring buoys shall not exceed two for each vehicle parking space which shall be provided outside the Shoreline Development Buffer.

Each event shall be limited to no more than 200 guests.

No outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.

Such events shall take place on no more than 12 days per calendar year. The operator does not need to apply for a use certificate for each of the 12 events. Records shall be maintained and made available to the Planning Office upon request that provide event details to include date, event time lines, and number of attendees.

These restrictions shall not apply to customary yacht club uses or events.

Parcels and lots shall be limited to one pier, except that parcels larger than 40 acres in size and having frontage on two bodies of water may have one pier on each body of water if the second pier is authorized by the Maryland Department of the Environment and by special exception. In evaluating whether the parcel has frontage on different "bodies of water," the Board of Appeals may consider a range of factors, including, without limitation, whether the second pier is proposed on a body of water that has materially different shoreline characteristics than the location of the existing pier, the depth and location of any defined channel relative to each shoreline, the length of any defined channel, whether and where a channel splits into or consolidates with other channels relative the location of the property, and each shoreline's orientation, water depth, fetch, wake activity, and presence of submerged aquatic vegetation. Private piers shall be limited to six outboard mooring piles, and a cumulative total of six boat or personal watercraft lifts. The six lifts shall include no more than four boat lifts. Lifts with a fixed or floating platform will be counted in the cumulative total platform area limit. If a parcel improved by multiple piers is subdivided, no more than one existing pier shall be permitted on any subdivided lot. A parcel improved by multiple piers may not be reconfigured or consolidated with other adjacent lots(s) in any manner that is inconsistent with Critical Area lot consolidation or reconfiguration regulations.

The owner(s) of a pier shall not be permitted to receive compensation for the use of their pier.

Community piers are permitted as a special exception use, subject to the following:

Private piers are permitted as a permitted use, subject to the following:

Except as provided by Subsection C.3 or 4 below, the water area within which a pier may be located is defined by the harbor lines and lateral lines and shall be determined in accordance with § 190-15.14, Water-dependent facilities.

Except as provided by Subsection C.3 or 4 below, all piers shall be located a minimum distance of 25 feet from the lateral lines. This setback may be reduced to no less than five feet if a letter of no objection is obtained from the adjacent property owner.

For any parcel improved by a legal nonconforming or shared pier as of June 24, 2023, that encroaches upon or crosses a lateral line or lateral line setback, a replacement or reconfigured pier may be located across a lateral line and/or within the lateral line setback and may attach to land within a side yard setback upon the Planning Commission's approval of a waiver pursuant to § 190-62, provided that an agreement of setback and/or lateral line encroachment in the form required by the Planning Officer is executed by the owners of both affected properties and recorded among the land records of Talbot County.

In situations where lateral lines would otherwise prohibit a pier from reaching a) 150 feet in length, or b) such shorter length as permits construction of two boat slips having a minimum water depth of three feet at mean low tide, the Planning Officer may, by minor variance pursuant to § 190-58.2, relocate lateral lines and lateral line setbacks such that a pier otherwise in conformance with the Code can be constructed, provided that 1) an agreement of setback and/or lateral line encroachment in the form required by the Planning Officer is executed by the owners of both affected properties and recorded among the land records of Talbot County; and 2) a to-scale plan depicting proposed lateral line locations is submitted with the minor variance application and made a part of the agreement of setback and/or lateral line encroachment.

New piers, or any portion thereof, including outboard pilings, finger piers, catwalks, boat or personal watercraft lifts, platform areas or floating docks shall extend 150 feet or less in length measured from the mean high-water, unless otherwise authorized by Subsection D.9 below. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or a variance, except as authorized pursuant to § 190-31.2D.8.b.ii.

The maximum width of a pier shall be six feet.

Finger piers shall be limited to two for private piers and to the number of slips permitted in Subsection F.4 below for community piers and shall not exceed three feet in width. In no case shall the length of a finger pier exceed the lesser of a) 40 feet, or b) the slip length. The area of finger piers, catwalks and platform areas associated with boat lifts as described in Subsection A.1 above shall not exceed a cumulative total of 240 square feet for private piers and 240 square feet per side for a shared pier serving two adjacent lots.

Platform areas, including, but not limited to, floating or fixed docks, launching facilities, or boat lift platforms attached to or associated with a pier shall not exceed a cumulative total area of:

In no case shall any parts of a pier exceed 1/2 of the distance from the mean high-water line to the center line of the body of water, said line herein established as the tributary harbor line.

In no case shall any parts of a pier impede the natural channel of the waterway.

When measuring the width of creeks or rivers with a total width of less than 500 feet, small and shallow coves along the shoreline shall not be used in determining the width of the waterway.

Replacement or extension of existing piers. The following requirements apply to piers completed prior to February 14, 2004.

Functional piers, meeting the state standard of performing at least 85% (or such lesser standard as established by state regulations) of the designed purpose prior to any damage sustained by a storm event or other natural cause, may be repaired or restored in accordance with § 190-50.4, Reconstruction and relocation, of nonconforming structures.

Piers meeting the requirements and standards listed below may be extended:

The facilities shall not offer food, fuel, or other goods and services for sale.

The facilities shall be community owned and established and operated for the benefit of the residents of a platted and recorded riparian subdivision.

Disturbance to the Shoreline Development Buffer shall be the minimum necessary to provide a single point of access through the Buffer to the facilities.

Per COMAR finger piers shall be limited to a maximum of three feet wide. Each property owner with a boat slip may be authorized up to two shared three-foot-wide finger piers, a boat lift or other minor components, provided such components comply with all other applicable regulations.

The number of slips shall be the lesser of Subsection F.5.a or b below:

A raised walkway may be installed, subject to required permits, to provide access to a pier.

Maximum length over a nontidal wetland: 100 feet.

Maximum width of walkway: six feet.

Minimum lot size: two acres.

Limited to public schools and organizations holding federal tax exempt status under § 501(c)(3) of the Internal Revenue Code.

Excludes use or rental of motorized watercraft (except boats used in connection with and during crewing or sculling).

The use must conform to the general findings and requirements for special exceptions in Article VII and the general requirements for the use in § 190-15, Critical Area Overlay District.

Sanitary facilities shall be provided meeting the requirements of Maryland state law.

Permeable surfaces shall be used wherever standard engineering practices allow, if no degradation of groundwater would result.

Not more than 15% of existing natural vegetation shall be permanently disturbed.

Service facilities shall be located outside the Shoreline Development Buffer wherever physically possible.

Service facilities for passive recreation, such as nature study, and hunting and trapping, and for education shall be located outside of the Shoreline Development Buffer.

Wireless communication priority placement areas identified on WCPPA Guidance Plans shall be given priority for new service. Applications within wireless communication priority placement areas meeting all technical and other requirements established by this amendment shall be presumed to provide optimal value to the County wireless communication network. Applications outside wireless communication priority placement areas shall be subject to a presumption that they provide less than optimal value to the County wireless communication network.

The applicant shall provide written verification that the proposed wireless communication tower is greater than 500 feet from a parcel containing a public playground, ball field or school use. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance. County-owned property may be considered suitable for a tower location on an equal basis with non-County-owned property.

The ground base of any wireless communications tower structure shall be set back from any property line, road, or public recreation area a distance that is the height of the tower plus 10 feet, except for concealed towers, which shall comply with setback requirements set forth in Table II-12, Structure Height. Notwithstanding any other section of this chapter this limitation shall not be subject to modification by either a special exception or variance. Any icefall or debris from tower structural failure shall be contained in the immediate tower area. Any accessory structures shall comply with the minimum building setback requirements of the applicable zoning district. These setback requirements may be reduced through a variance application as provided for in Article VII.

Wireless communications tower height shall be no higher than necessary to ensure the effective service for the relevant service area, but in no case shall exceed 200 feet. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance.

The applicant for a wireless communications tower is required to have a letter of intent from at least one Federal Communications Commission (FCC) licensed operator to locate on the wireless communications tower at the time the application is filed with the Planning Office. The application shall not be accepted without the letter of intent that defines the type of service(s) to be provided and the time schedule for commencement of services after construction.

The applicant is required to have at least one FCC-licensed operator under contractual agreement to locate on the wireless communications tower prior to issuance of a building permit.

The wireless communications tower shall be designed to minimize adverse visual and environmental impact (e.g., paint, camouflage, screening, stealth technology, concealed towers, color, use of existing structures and natural landscape, etc.). All equipment shelters shall be maintained in neutral shades consistent with the natural landscape.

The wireless communications tower and associated appurtenances shall not be lit unless required by federal or state regulations. If lighting is required, the least intensive lighting shall be used.

The wireless communications tower shall be either a self-supporting monopole or self-supporting lattice structure, except concealed towers, which include an alternate or supplemental structural design accompanied by certification from a Maryland licensed structural engineer that the proposed tower is designed to withstand all design loads required by the Talbot County Building Code by a minimum of 110%.

The applicant shall submit a landscaping plan prepared by a licensed professional with the site plan application which identifies existing vegetation and specifications, including species, size, and location, of all proposed plant materials to be utilized for buffering and screening of the wireless communications tower structure and equipment structures. A secure fence or enclosure, a minimum of eight feet in height, shall enclose the entire base of the wireless communications facility. All required plantings shall be kept in a live, healthy condition. Any plants not in a live, healthy condition shall be replaced by the owner to the satisfaction of the Planning Director. Landscaping and fencing requirements may be waived for concealed towers through a waiver petition approved by the Planning Commission in accordance with § 190-62.

The owner of a wireless communications tower shall provide financial surety in a form and amount acceptable to the County to secure payment of 125% of the cost of removal of the tower, base, foundation to six feet below ground level, and accessory structures if the tower's use is discontinued for 12 or more continuous months. The surety instrument shall be provided prior to building permit application. The Department of Planning and Zoning may increase the amount of the surety as necessary from time to time to insure the amount is adequate to cover the cost of removal.

An abandoned wireless communications tower shall be removed within 90 days of abandonment. If the owner of the tower does not remove the tower, the County may utilize the financial surety to do so, and any excess cost of the removal of the tower shall be borne by the property owner of the land on which the tower is located. Talbot County shall retain the right to place a lien against the property until all such excess costs are paid.

A sign shall identify the property owner, tower owner, contact phone number, and emergency information and shall comply with the sign requirements of this chapter. Information on the sign shall be current, and the tower owner shall notify the Planning Director of any information change.

Existing wireless communications towers may be demolished and an in-kind replacement constructed within the approved compound of the original tower. The original tower must be removed within 60 days after the completion of the replacement tower. The in-kind replacement may not exceed the height of the original tower or its appurtenances, and all new antenna arrays and dishes must comply with the maximum size criteria. Replacement wireless communications towers shall be submitted for a site plan review in accordance with Article VII and receive a recommendation from the Planning Commission.

Calculation of height limits for new wireless communications towers shall be measured from the lowest finished grade elevation at the base to the highest point of the tower to include the tower and all antennas, lightning rods and miscellaneous appurtenances. The lowest finished grade elevation may not be changed from the preexisting natural topography without prior approval from the Planning Director.

The applicant for a new wireless communications tower outside of a wireless communication priority placement area shall provide documentation with the site plan application proving that existing wireless communications towers and other existing structures over 50 feet in height within a one-mile radius of the proposed location and structures 100 feet or higher from a one-mile to two-mile radius of the proposed location are not viable collocation opportunities.

Extension of wireless communications towers above the initial approved height shall require a special exception amendment if the original tower was 100 feet or higher.

Extension of wireless communications towers to 100 feet or higher after initial construction of a tower less than 100 feet shall require a special exception.

Extension of wireless communications towers to 75 feet, but still less than 100 feet, after initial construction of a tower less than 75 feet shall require a site plan review in accordance with Article VII and receive a recommendation from the Planning Commission.

All wireless communications tower owners must comply with all federal, state or local laws or regulations, as amended, concerning electromagnetic radiation and other electronic emissions applicable to the facility within 120 days of the effective date of the regulations.

The name, address and telephone number of the corporate headquarters and local office, and current contact information for each office.

Proof of ownership of the proposed wireless communications tower site or proof of contract or license with the owner of the site and the right to construct and operate the proposed tower.

A copy of FCC license application or license number, date of issuance, and type of license (cellular, PCS, etc.) if applicable.

A master report plan of applicant's current proposed communication network, including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and collocation sites.

The current zoning of the proposed wireless communications tower site.

The maximum proposed wireless communications tower height.

The maximum proposed height of the antenna in feet above ground level (AGL).

The wireless communications tower design.

The number of potential collocation sites on the proposed wireless communications tower.

The name, address, and telephone number of the responsible entity for removal of the wireless communications tower if the tower's use is discontinued for 12 or more continuous months.

Wireless communications towers proposed outside of a wireless communication priority placement area shall provide an analysis of the nearest priority placement area and a detailed narrative as to why sites within this area are unsuitable, with the site plan application.

Proof that the site will not interfere with the County's Emergency Management Communication System. The applicant shall contact the Director of Emergency Management, and obtain written comments from the Director, prior to site plan application submittal for any new tower.

Site plan applications for a new wireless communications tower 75 feet or greater shall include copies of comments received from the Talbot County Historic Preservation Commission, the State Historic Preservation Office, the Federal Aviation Administration, the Maryland Aviation Administration, the Easton Airport, and the Medivac Unit of the State Police, and any other agency required to be notified by federal or state law. The applicant shall also contact the Maryland Department of the Environment and the U.S. Army Corps of Engineers, as applicable to the site. A site plan application shall not be accepted as complete until each of these agencies has either commented or confirmed it has no comment on the application. The applicant shall forward all comments received from these agencies to the Department of Planning and Zoning for consideration with the site plan application. At the applicant's request, the application shall be submitted to the Planning Commission to decide whether the application is complete or incomplete. If an incomplete application is not completed within 30 days after written notice from the Planning Office, the matter shall be submitted to the Planning Commission for a decision on the merits of the application. However, if the applicant stipulates in writing that the application is not complete, the time for final action by the County on the application shall be extended and shall not begin to run again until the application is completed.

A written statement that collocation sites on the tower shall be made available for lease at fair market rates.

Information on the type(s) of service (data or voice) to be provided by operators locating on the tower.

The time period before voice or data service will commence once the tower is constructed.

Collocation is permitted in all zoning districts if the antennas are mounted on an existing structure, and the at-grade mechanical equipment meets all applicable zoning requirements.

The applicant shall obtain a building permit for collocation on an existing wireless communications tower. Prior to building permit application, collocation on structures other than existing wireless communications towers located in all zoning districts shall require a site plan review in accordance with Article VII, including a recommendation from the Planning Commission.

As a condition of permitting and continued operation, collocation space on wireless communications towers constructed after January 26, 2002, shall be made available for lease at fair market rates.

All building permits shall contain a provision granting Talbot County the right of first refusal to lease or purchase tower space for installation of public telecommunications and data transmission equipment or antennas at negotiated fair market rates.

All general requirements in Subsection B of this section.

All general application requirements in Subsection C of this section.

All applicable general collocation requirements in Subsection D of this section.

The new construction shall be designed to support a minimum of one FCC-licensed operator.

The applicant shall provide a project location map and narrative description of the proposed wireless communications tower site.

New construction of towers less than 75 feet is permitted in all zoning districts except Rural Residential (RR), Town Conservation (TC) Town Residential (TR) and Village Residential (VR) if the individual antennas meet the size criteria stated in the general requirements section and all at-grade mechanical equipment meets all applicable zoning requirements.

Applications meeting the above criteria require a minor site plan in accordance with Article VII and a building permit.

When considering approval or denial of the minor site plan for a wireless communications tower, the Planning Director shall place greater emphasis on the impact of a proposed tower site on the surrounding community when it is located outside of a wireless communication priority placement area.

All general requirements in Subsection B of this section.

All general application requirements in Subsection C of this section.

All applicable general collocation requirements in Subsection D of this section.

The new tower construction shall be designed to support a minimum of two FCC-licensed operators.

Construction is allowed in all zoning districts except Rural Residential (RR), Town Conservation (TC), Town Residential (TR) and Village Residential (VR) if the individual antennas meet the size criteria stated in the general requirements section and all at-grade mechanical equipment meets all applicable zoning requirements.

Applications meeting the above criteria require major site plan review in accordance with Article VII and a building permit.

When considering approval or denial of the major site plan for a wireless communications tower, the Planning Commission shall place greater emphasis on the impact of a proposed tower site on the surrounding community when it is located outside of a wireless communication priority placement area.

Prior to acceptance of the application in accordance with § 190-54.2, the applicant shall:

A project location map and narrative description of the proposed wireless communications tower site documenting the area of potential effect, including but not limited to residential properties, public rights-of-way, historical sites, parks, conservation areas, and other significant existing structures, shall be provided.

At the time of site plan application, the applicant shall submit copies of the antenna propagation analysis or drive test studies used for analysis, and type of coverage (i.e., single or system), including a coverage and interference analysis.

If located outside of a wireless communication priority placement area, the applicant shall provide a coverage/interference analysis and capacity analysis with the site plan application which demonstrates that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless communications facility and to provide adequate coverage and capacity to areas that cannot be adequately served by locating the antenna at an alternative site. At the applicant's expense, the site plan application for a new wireless communications tower shall include a report prepared by an independent engineer stating:

The Planning Commission may require a review of the applicant's engineer's report by an independent consultant of its choosing, the cost of the review to be borne by the applicant.

All general requirements in Subsection B of this section.

All general application requirements in Subsection C of this section.

All applicable general collocation requirements in Subsection D of this section.

All wireless communications tower applications for towers 100 feet or higher shall require a special exception in accordance with § 190-56.2.C. When considering approval or denial of a special exception application, the Board of Appeals shall place greater emphasis on the impact of a proposed tower site on the surrounding community when it is located outside of a wireless communication priority placement area or within a three-mile radius of an existing wireless communications tower that is greater than 75 feet in height.

Applications meeting the above criteria require major site plan review in accordance with Article VII and a building permit.

The applicant must obtain major site plan approval prior to the special exception hearing with the Board of Appeals.

The new construction of a tower from 100 feet to less than 150 feet shall be designed to support a minimum of three FCC-licensed operators.

The new construction of a tower from 150 feet to less than 180 feet shall be designed to support a minimum of five FCC-licensed operators.

The new construction of a tower from 180 feet to 200 feet shall be designed to support a minimum of six FCC-licensed operators.

Allowed by special exception in all zoning districts except Rural Residential (RR), Town Conservation (TC), Town Residential (TR), Village Residential (VR), Village Hamlet (VH), and Village Mixed (VM) if the individual antennas meet the size criteria stated in the general requirements section and at-grade mechanical equipment meets applicable zoning requirements.

Prior to acceptance of the application in accordance with § 190-54.2, the applicant shall:

The applicant shall conduct a community meeting open to the public to discuss the proposed site plan application for any wireless communications tower. The applicant shall conduct the community meeting at least one week prior to the Planning Commission meeting at which the tower site plan application is scheduled to be reviewed. The meeting shall be held at the applicant's expense and staffing. County staff is not required to attend the community meeting.

Prior to the Planning Commission meeting for site plan review, the applicant shall perform a highly visible balloon test lasting a minimum of 30 minutes. The date, location, and beginning and ending time of the test shall be published in a local newspaper at least one week prior to the test. The Planning Director shall approve the newspaper notice. The results of the balloon test shall be incorporated into a computerized simulation submitted to the Department of Planning and Zoning 10 days prior to the Planning Commission meeting. The computerized simulation shall illustrate the wireless communications tower at the proposed height, antenna arrangements, maximum number of collocation antennas, and the color scheme of the entire structure, including accessory structures.

A project location map and narrative description of the proposed wireless communications tower site documenting the area of potential effect, including but not limited to residential properties, public rights-of-way, historical sites, parks, conservation areas and other significant existing structures, shall be provided.

At the time of site plan application, the applicant shall submit copies of the antenna propagation analysis or drive test studies used for analysis, and type of coverage (i.e., single or system), including a coverage and interference analysis.

If located outside of a wireless communication priority placement area, the applicant shall provide a coverage/interference analysis and capacity analysis with the site plan application that demonstrates that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless communications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antenna at an alternative site.

At the applicant's expense, the site plan application for a new wireless communications tower shall be accompanied by a report prepared by an independent engineer stating:

The Board of Appeals may require a review of the applicant's engineer's report by an independent consultant of its choosing, the cost of the review to be borne by the applicant.

Procedures for approval.

Siting requirements:

Landscaping and screening waiver.

Lighting.

Site maintenance.

Lot coverage.

Screening.

Setbacks.

Size limitation.

Setbacks.

Screening.

Fencing.

Signage.

Abandonment.

Public notice. Prior to filing an application for a site plan for medium- or large-scale SES or special exception for large-scale SES, an applicant shall:

Decommissioning. A decommissioning plan shall be required. The plan shall include:

The decommissioning plan and the estimated cost schedule provided for in Subsection C.8.k above shall be updated and resubmitted to the Planning Director for review and approval every five years.

Financial assurance. The operator or property owner of a medium- or large-scale SES shall provide a bond, surety, letter of credit, lien instrument, funds to be held in escrow, or other financial assurance in a form and amount acceptable to the County to secure payment of 125% of the anticipated cost of removal of all equipment, structures, fencing, above or below ground level, and any accessory structures, and restoration of the site in accordance with the requirements of this section if use of the SES is discontinued continuously for one year. The financial assurance shall be provided prior to issuance of a building permit and shall be renewed so as to remain in full force and effect while the SES remains in place. The financial assurance shall require the obligor and the owner to provide at least 90 days' prior written notice to the County of its expiration or nonrenewal. The Planning Director may adjust the form and amount of the financial assurance as reasonably necessary from time to time to insure the same is adequate to cover the cost of decommissioning, removal and restoration of the site.

Location.

Mitigation.

Development rights.

Public notice.

Excludes generation of electricity.

Must meet the definition of a local government agency action in accordance with COMAR 27.02.

Small wind turbine systems:

Small wind turbine production facilities:

All small wind turbine systems with a total height of 75 feet or higher shall be subject to a major site plan review.

All small wind turbine production facilities shall be subject to a major site plan review.

Prior to the Planning Commission meeting for a small wind turbine production facility, the applicant shall perform a highly visible balloon test lasting a minimum of 30 minutes. The date, location, and beginning and ending time of the test shall be published in a local newspaper at least one week prior to the test. The Planning Director shall approve the newspaper notice. The results of the balloon test shall be incorporated into a computerized simulation submitted to the Department of Planning and Zoning 10 days prior to the Planning Commission meeting. The computerized simulation shall illustrate the small wind turbine tower at the proposed height and color scheme.

All small wind turbine towers shall comply with all guidelines and procedures provided by the Talbot County Office of Permits and Inspections.

The ground base of any small wind turbine tower shall be set back from any property lines, road rights-of-way and overhead utility lines a distance that is the total height of the small wind turbine tower plus 10 feet. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance.

The blade tip of a small wind turbine tower, at its lowest point, shall be a minimum 30 feet above any obstruction within 300 feet. This is not applicable to vertical-axis wind turbines (VAWT) and windmills.

Small wind turbine towers shall be located a minimum distance of 30 feet from any other structure on the same lot or parcel. This is not applicable to vertical-axis wind turbines (VAWT) and windmills.

The distance between small wind turbine towers shall be a minimum of 10 times the length of the blade or foil.

The total height of a small wind turbine tower shall be no higher than necessary to access adequate winds but in no case shall exceed 160 feet. The total height is measured from the lowest finished grade elevation at the base to the uppermost tip of the blade. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County. Notwithstanding any other section of this chapter, this limitation shall not be subject to modification by either a special exception or variance.

The blade tip of any small wind turbine tower shall, at its lowest point, have ground clearance of no less than 25 feet, as measured at the lowest point of the arc of the blades from the lowest finished grade elevation at the base. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County. This is not applicable to vertical-axis wind turbines (VAWT).

The blade tip or foil of any vertical-axis wind turbine (VAWT) shall, at its lowest point, have ground clearance of no less than 12 feet, as measured at the lowest point of the arc of the blades from the lowest finished grade elevation at the base. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County.

The building permit or major site plan application shall be accompanied by a letter from a local utility company acknowledging the applicants intend to install a small wind turbine tower. This is not applicable to windmills.

All electrical wires associated with a small wind turbine tower, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.

The small wind turbine tower shall be designed to minimize environmental impact.

The small wind turbine tower shall not be used for the displaying of any advertisements.

Warning signs and signs identifying the manufacturer, installer, or owner of the small wind turbine tower shall be attached to the tower, not to exceed one square foot in size. No other signage shall be permitted without approval from the County.

The small wind turbine tower shall be a self-supporting monopole or lattice structure.

The small wind turbine tower shall not be sited on piers or other water-dependent facilities in accordance with the Annotated Code of Maryland, § 16-104.[2]

The small wind turbine tower shall not be lit unless required by federal or state regulations. If lighting is required, the least-intensive approved lighting shall be used.

The small wind turbine rated capacity shall be calculated using the current Maryland Energy Administration (MEA) standard.

The small wind turbine tower shall be designed so as to prohibit step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the lowest finished grade elevation at the base. The lowest finished grade elevation may not be changed from the preexisting natural topography without an approval from the County. This is not applicable to vertical-axis wind turbines (VAWT).

Pursuant to any request for code compliance regarding an abandoned or inoperable wind turbine tower, the burden of proof indicating current wind energy production shall be upon the owner of the land. A determination made by the County regarding wind turbine inoperability or abandonment may be appealed to the Talbot County Board of Appeals.

Any small wind turbine tower found to be abandoned or unsafe by the County Engineer shall be repaired or removed by the landowner. A small wind turbine tower that fails to operate, or is out of service for a continuous twelve-month period, shall be deemed to be abandoned.

A wind turbine tower shall be removed within 90 days of abandonment. Failure to comply within the period of time specified above will result in the complete removal of the abandoned wind turbine tower by Talbot County. As provided by code, all costs associated with this action incurred by Talbot County will be forwarded to the property owner for payment. Should the property owner fail to make payment to Talbot County within 30 days of turbine tower removal, the costs shall be charged to the owner of such property on the next regular real estate tax bill forwarded to such owner by the County, and said charges shall become a lien on the property and be due and payable by said owner at the time of payment of such bill.

The small wind turbine tower must comply with all regulations of the Federal Aviation Administration (FAA), if applicable, including any necessary approvals for installations within the Airport Overlay Zone.

An accessory storage structure may be approved as a special exception on a lot without a principal use or structure, as listed in the Table of Land Uses (Table IV-1) and § 190-33.24 below under "Storage building prior to construction of a primary structure."

An accessory storage structure is also permitted as a temporary use during construction, as provided in § 190-34.2.A, "Accessory building prior to construction of a primary structure."

If a proposed subdivision would create a lot with an existing private pier but no principal use or primary structure, the pier may be retained subject to approval of a waiver. The waiver must be approved by the approving authority for the plat prior to or at the time of subdivision plan approval.[1]

The primary product being processed is grown on or produced by the farm doing the processing.

The processing use is subordinate to and supports the agricultural use of the property.

All areas used for such events shall be at least 500 feet from a primary residential structure on a neighboring property;

Each event shall be limited to no more than 100 guests;

No outdoor music shall be permitted before 9:00 a.m. or after 10:00 p.m.;

Such events shall take place on no more than six days per calendar year; and

The operator of the bed-and-breakfast must apply for a use certificate at least 30 days prior to the event.

Rental shall be limited to guest(s) of the bed-and-breakfast.

Only structures existing on November 25, 2003, may be used for the rental and storage associated with the use.

Access to the structure shall be from a collector or arterial highway.

Maximum number of craft: 12.

Craftsman (cabinetmaker, furniture maker, saddler, gunsmith etc.).

Property maintenance and landscape contractors.

Farm equipment services and repairs.

Firewood harvesting and sales.

Home improvement contractors (plumber, heating/air-conditioning technician, carpenter, mason, electrician, roofer, glazier, painter, etc.).

Septic, sewer or drain service.

Vehicle and boat repair, detailing or painting conducted exclusively inside an accessory structure.

Wholesale seafood distribution without operation of truck refrigeration units on the property.

Minimum lot size: five acres.

The cottage industry shall not occupy more than 3,000 square feet in a single accessory structure or in a combination of accessory structures, unless minimum lot size exceeds 10 acres in size, in which case the accessory structure(s) may occupy up to but not more than 5,000 square feet.

No more than one cottage industry per residence or lot is permitted. The use shall be incidental and secondary to the use of the residential dwelling.

Major site plan approval is required. See Article VII.

A use certificate is required for continued operation of all cottage industries. Cottage industry use certificates shall be renewed every two years. The County shall conduct a site inspection to ensure compliance with the terms and conditions of the original approval, including any amendments, as a condition of renewal.

The property used for the cottage industry shall contain the primary residence of the proprietor.

If the proprietor is not the property owner, evidence of permission of the property owner to use the property for the cottage industry must be provided to the Planning Director.

Setbacks for structures and outdoor storage, loading, operations or parking areas:

The following requirements apply to outdoor areas used for equipment or material storage, repair or work areas, and parking, loading or circulation of trucks with a gross vehicle weight rating over 10,000 pounds. Such outdoor areas shall:

Truck limits:

Adequate, dust-free areas shall be provided for safe on-site circulation and parking of vehicles related to the cottage industry.

Any change, enlargement or alteration of a cottage industry use, or of the structure and facility occupied by the use, shall require site plan approval.

New accessory structures for cottage industries:

No more than five nonresident employees shall report to a cottage industry site, unless minimum lot size exceeds 10 acres in size, in which case up to but not more than seven employees are permitted.

In the VR, VH or VM District employees shall not report prior to 7:00 a.m. or leave after 9:00 p.m.

No use shall require internal or external construction features or the use of electrical, mechanical, or other equipment that would change the fire rating of the structure or in any way increase the fire danger to neighboring structures or residences.

Cottage industries shall not conduct retail sales. In this section, "retail sales" means providing goods directly to the customers where such goods are displayed on site and are available for immediate purchase and removal from the premises by the purchaser. "Retail sales" does not include:

Cottage industries shall comply with all federal, state or local regulations, including without limitation, obtaining all necessary governmental approvals.

Cottage industries on lots less than five acres and approved prior to adoption of this chapter:

Within the primary dwelling; or

Within an accessory structure, such as over a detached garage; or

A detached accessory dwelling.

The property owner may live on-site and rent one of the dwellings, or may rent the entire property. The primary dwelling and accessory dwelling shall not be rented to different tenants, and a tenant shall not sublease one of the dwellings.

The accessory dwelling may be used as a guest house or an employee dwelling.

An accessory dwelling in a detached accessory structures shall not be used as or in conjunction with a bed-and-breakfast establishment.

Limited to a minimum of 300 square feet of gross floor area and a maximum of no more than 35% of the gross floor area of the primary residence or 900 square feet of gross floor area, whichever is less.

The dwelling shall retain the appearance of a single-family home.

A detached accessory dwelling is permitted only on a lot of at least one acre, if a private septic system is used, or on lots of at least 1/2 acre if served by a public sewer system.

The accessory dwelling shall be generally compatible in design with the primary dwelling.

Double-wide manufactured dwellings are permitted subject to the standards for single-family detached dwellings (§ 190-27.1).

On lots of five acres or less, the accessory dwelling shall:

For lots over five acres, the accessory dwelling shall be limited to no more than 1,500 square feet of gross floor area, including porches and decks.

Subject to recordation of a nonconversion agreement, unconditioned gross floor area within an accessory structure used solely for parking of vehicles or limited storage of household or yard goods shall not count toward the size limits of Subsection F.4 and 5 above.

Maximum 900 square feet of gross floor area, including porch and decks.

The entire perimeter of the accessory dwelling must be located within 100 feet of the primary dwelling unit.

Housing shall be served by the same sewage disposal system as the primary dwelling unit.

The additional dwelling unit, meeting the criteria of Subsections A through C above, may not be subdivided or conveyed separately from the primary dwelling unit.

The County shall maintain records of all building permits issued under this section for additional dwelling units considered part of a primary dwelling unit and shall provide this information on a quarterly basis to the Critical Area Commission.

Required minimum acreage in active farm production: 50 acres.

The manufactured or mobile home(s) shall be located in the immediate vicinity of and be an integral part of the complex composed of other major farm buildings and shall be located no more than 300 feet from the complex.

Minimum setbacks from property lines: 200 feet.

Maximum number of homes without a special exception: two.

Maximum number of homes with a special exception: four. An additional 50 acres of farm property in active production is required for each additional home above two.

The manufactured or mobile home shall not be rented, sold separately or subdivided from the primary residence unless each lot meets current density standards and each dwelling unit meets current design standards from existing and proposed property lines. Subdivision shall not create or result in a nonconforming lot or structure.

The manufactured or mobile home shall be placed on a permanent foundation, securely anchored, and provided with skirting of a suitable material.

For a farm with more than 150 contiguous acres in active production, one additional dwelling unit.

For each additional 100 acres in excess of 150 acres, one additional dwelling unit.

A farm with the additional tenant dwelling units shall not exceed the maximum density allowed under this chapter.

A dwelling accessory to agricultural use shall not be rented, sold separately, or subdivided from the primary residence unless each lot meets current density standards and each dwelling unit meets current design standards from existing and proposed property lines. Subdivision shall not create or result in a nonconforming lot or structure.

The use must be located on a property that is and remains actively farmed and is granted agricultural assessment value by the Maryland Department of Assessments and Taxation.

The use is permitted only partially outside of permanent structures and partially inside of one or more permanent structures or entirely inside of one or more permanent structures.

To the maximum extent practicable, the event venue shall be confined to the portion of the farm site that includes the majority of the agricultural structures currently located on the parcel.

A site plan is required. The site plan shall delineate any existing agricultural structures that will support the event venue and shall include areas at a minimum proposed for parking, access, and storage; the location and height of outdoor lighting; the location of any stage, structure or other location where music will be performed; and proposed screening.

The maximum number of guests and hours of operation shall be stated on the site plan.

New structures shall complement or enhance, rather than detract, from the rural environment.

The event venue location shall not displace any existing tree cover or vegetation that serves as a buffer between adjoining properties.

A Type D landscape yard shall be established between outdoor use areas (guest areas, parking and storage) and adjoining residential properties.

The Board in its decision approving a special exception shall establish the maximum number of events permitted per year; the maximum number of guests per event; and the structures and outdoor areas allowed to be used in conjunction with the event venue.

A use certificate is not required for each event; however, records of all events shall be retained and made available to confirm compliance with the Board of Appeals decision if requested by the Code Enforcement Officer.

The special exception application shall include a traffic management plan which demonstrates how traffic entering and exiting the site for an event will be managed to ensure safe and convenient access to and from the site; include planned routes of vehicular access to the event venue; and depict on-site traffic circulation and travelways that can accommodate emergency vehicles.

The applicant shall demonstrate that the activities conducted as a part of the event venue will be located, designed and operated so as to not have significant adverse impacts on existing agricultural uses and activities.

The Board in its decision may increase the minimum required setbacks to mitigate any adverse impacts to abutting parcels.

Minimum lot size: 20 acres.

Setbacks for structures and outdoor use areas: 200 feet from lot lines. Parking shall be set back 100 feet from all lot lines. Outdoor use areas shall be setback 200 feet from all lot lines.

Be located on a parcel containing an existing hotel/motel, inn, golf course and country club, marina or private educational institution use. This accessory use shall cease once the principal use is no longer operating.

Require site plan approval. The maximum number of guests and hours of operation shall be stated on the site plan.

A Type C landscape yard shall be established between outdoor use areas (guest areas, parking and storage) and adjoining residential properties.

The Board in its decision approving a special exception shall establish the maximum number of events permitted per year; the maximum number of guests per event; and the structures and outdoor areas allowed to be used in conjunction with the event venue.

A use certificate is not required for each event; however, records of all events shall be retained and made available to confirm compliance with the Board of Appeals decision if requested by the Code Enforcement Officer.

No outdoor music shall be permitted unless specifically approved by the Board of Appeals. The hours of such music must be as established by the Board of Appeals but shall not be before 9:00 a.m. or after 10:00 p.m.

All applications in the Village Zoning Districts requesting outdoor amplified music shall include a noise compliance plan that includes a means for continuous electronic monitoring of sound levels from one hour prior to, until one hour after, the approved outdoor music time restriction, along with all materials required by the application form and checklist published by the Planning Office.

Structures for event uses are required to be fully permitted, and shall be classified with respect to the occupancy group and the listed use, as determined by the Building Official. The applicant shall comply with additional applicable County Codes and all applicable state and federal regulations to include food service, sewage disposal and ADA (the Americans with Disabilities Act) Standards for Accessible Design.

Studios for the production of art, handicrafts, music, writing, photography, or similar, low-impact or handcrafted items;

Business or professional office;

Catering and production of food items (e.g., baked goods, candy);

Office and workshop/storage (no sales) for dealers in antiques and collectibles;

Direct sale product distribution (Amway, Avon, Tupperware, etc.), Internet sales businesses, and other types of sales;

Dressmaker, seamstress, tailor;

Cosmetology, including hair cutting and styling, manicure or pedicure, limited to two stations;

Massage therapists;

Mental health care practitioner;

Pet grooming without overnight boarding or exterior kennels;

Repair of small appliances, small engines and limited machining of small parts, office machines, cameras, and similar small items;

Taxidermy;

Tutoring, counseling, and other individualized instruction;

Vending machine business.

A use certificate is required.

Home occupation use certificates shall be renewed every two years. Renewal may require a site inspection.

The home occupation must be conducted within a residence and/or an accessory structure on the same lot as the residence.

The use must be incidental and secondary to the use of the dwelling for residential purposes.

The home used for the home occupation shall be the primary residence of the proprietor.

If the proprietor is not the property owner, evidence of permission of the property owner to use the property for the home occupation must be provided to the Planning Director.

No more than three nonresident employees shall report to a home occupation site. Only one nonresident employee may remain on the site during any portion of the day.

Residential character.

Area.

Outdoor storage of materials is not permitted.

Deliveries of equipment, parts and supplies shall be limited to commercial delivery services (i.e., UPS, Federal Express, etc.).

Customer, client or student visitation to the home-based occupation shall be scheduled to prevent an increase in vehicle trips not normally expected in a residential zone.

Home occupations shall not conduct retail sales. In this section, "retail sales" means providing goods directly to the customers where such goods are displayed on site and are available for immediate purchase and removal from the premises by the purchaser. "Retail sales" does not include:

Requires site plan approval;

Shall be secured and maintained in good condition throughout the year; and

Shall comply with setback requirements for the zoning district.

The maximum number of persons permitted to be on-site associated with any short-term rental shall be limited at all times to the lesser of 12 persons or two persons per bedroom in the dwelling that is rented, excluding infants under 18 months of age.

Three-night minimum stay for all short-term lease holders.

Outside areas intended for use by short-term tenants, such as decks, patios, porches, game courts, swimming pools, and similar areas, shall be screened from neighboring properties by one or more of the following prior to approval of a new short-term rental license:

Sufficient off-street parking spaces shall be provided to accommodate all short-term rental tenants' vehicles during any rental period.

The area for trash storage shall be identified on the site plan and located to minimize nuisance to neighbors.

During any short-term rental, no dwelling, grounds, or associated appurtenances shall be subleased or used for the following activities:

Pets shall be leashed or confined at all times.

The owner of the short-term rental property shall be responsible for payment of the Talbot County Accommodations Tax and the Maryland Sales Tax.

The short-term rental property shall comply with the following standards, which shall be referred to as the "Minimum Safety Standards". The short-term rental shall:

The owner of the short-term rental property and/or the resident agent shall immediately investigate any complaint, from whomever received, of a violation of this section. Upon determining that a violation has occurred or is continuing to occur, the owner and/or the resident agent shall request that any occupant of the short-term rental property shall immediately cease and desist from any and all violations.

A short-term rental license holder must notify the County immediately if their resident agent no longer represents them. In addition, they must notify the County no later than 15 days after the end of such representation with the name and contact information for a new resident agent.

All conditions, restrictions, and limitations imposed by this chapter or by any regulation adopted by any governmental agency authorizing use or occupancy as a short-term rental, or the physical condition of a rental property, shall be conspicuously included in a written lease signed by the parties. A copy of the lease shall be available on site and to Code Enforcement Officers upon request.

The applicant shall comply with all applicable codes, regulations, and requirements administered by the Talbot County Health Department regarding the drinking water supply well and on-site sewage disposal facilities. A short-term rental license shall not be issued until the Health Department has determined that the short-term rental property complies with the requirements of this subsection.

The short-term rental property shall comply with all conditions, restrictions and limitations imposed by all governmental entities and officials authorizing the use or occupancy of the short-term rental.

No more than two such vehicles shall be stored outside of a building. Storage shall be at least 20 feet from lot lines.

Additional vehicles may be stored if they are within a completely enclosed building.

A use certificate is required and shall be issued for a period not exceeding 90 days or an event that does not exceed three days.

The Planning Director determines that:

Approve specified extensions of time; and

Impose conditions on temporary uses in addition to those listed above to avoid adverse impacts.

The building may be used for storage during construction of the primary structure.

A use certificate is required.

Construction of the primary structure must begin within six months and be completed within 18 months of placement of the accessory building.

Includes an office trailer.

A use certificate is required.

The certificate shall be issued for a period of six months. The Planning Director may grant six-month extensions of the certificate if the extension is reasonably necessary to allow completion of the project.

Structures must meet minimum setback requirements for the zoning district.

Structures must be removed on completion of the construction and sales function.

Includes asphalt and concrete processing.

The use must be associated with a major public road or facility construction project.

A use certificate is required and must be renewed after one year.

One-thousand-foot setback from any structure intended for human occupancy unless the owner of the structure consents to a lesser setback, no less than 200 feet.

A portable storage unit may be located in any yard for a maximum of 90 days in a calendar year.

See § 190-33.23 for use of portable storage units for longer periods of time in the LC, GC and LI Districts.

Subject to provision of safe and adequate access and parking, and approval by the Health Department as applicable.

No permanent structure may be erected or permanent disturbance approved for the temporary event.

No more than six events per calendar year per parcel.

Minimum lot size: five acres.

Structure may not exceed 120 feet at top of blade.

Must meet setback of height of structure plus 10 feet from all property lines.

Upon expiration of use certificate, the temporary structure and foundation must be removed unless a building permit is issued for a permanent facility.

Recreational vehicles may be used at special events. This use on any given site shall be limited to no more than 90 days within a calendar year and no more than seven consecutive days.

No mobile home or recreational vehicle shall be parked overnight on any highway, road, street, public park or other public way or public landing except in an emergency.