Charles County, MD
 
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Table of Contents
Table of Contents
A. 
This article contains the minimum conditions for each special exception (SE) and minimum requirements for each use permitted with conditions (PC) that are listed in the Table of Permissible Uses.[1] These conditions and requirements supplement the base requirements for the zone in which the proposed use is located. All minimum conditions and requirements listed in this article shall be contained on a site plan submitted with the zoning permit or special exception application.
[1]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
B. 
In addition to the general criteria set forth in this article for each special exception, when a use is designated SE in the Table of Permissible Uses, the Board of Appeals shall find that the requested SE use at the proposed location will not adversely affect neighboring, vicinal or abutting properties; will be compatible with the existing character or future planned development of the surrounding area; and will conform to the minimum requirements contained in each of the special exceptions listed in this article.
C. 
Buildings over five stories. A special exception must be obtained for a building to be above five stories or 60 feet in height subject to the following: principal structures may be erected to a height not exceeding 10 stories or 120 feet when the required side and rear yards are each increased by at least one foot for each additional foot of building height above the height restrictions for that zone, except where prohibited as an obstruction to air navigation. In considering such special exceptions, the Board shall take into account the impacts, if any, on the views from the Portico of Mount Vernon.
D. 
The uses in § 297-212 are classified by a number which coincides to the numerical reference contained in the Table of Permissible Uses for that designated use. The specific uses are alphabetized in the following section and also refer to the numbering system contained in the permissible use table.
The following is an alphabetical listing of uses as they appear in the Table of Permissible Uses.[1]
Use
Permissible Use Number
Airport, private use
4.05.210
Amphitheaters and open-air theaters
4.02.260
Amusement and theme parks
4.02.270
Antique shops, less than 15,000 square feet of floor area per parcel
6.01.113
Antique shops, more than 15,000 square feet of floor area per parcel
6.01.123
Archery ranges, outdoor
Art centers, private, located within a building designed and previously occupied as a residence or institution
4.01.310
Art centers, private, located within any other structure
4.01.320
Art galleries, less than 15,000 square feet of floor area per parcel
6.01.113
Art galleries, more than 15,000 square feet of floor area per parcel
6.01.123
Asphalt/concrete plants
7.01.280
Automobile graveyards, junkyards, salvage yards and scrap materials
7.03.000
Automobile repair and maintenance, not including auto body work
6.03.300
Automobile painting and body work
6.03.400
Automobile sales or rental
6.03.100
Automobile sales with installation of automobile parts or accessories
6.03.200
Automobile and motorcycle racing tracks
4.02.250
Automotive parks
6.03.500
Bed-and-breakfasts, tourist homes
3.05.200
Betting facilities, off-track
4.02.140
Blacksmith shops, welding shops, ornamental iron works, machine shops and sheet metal shops
7.01.210
Boardinghouses, rooming houses
3.05.100
Brewery, pub and micro
[Added 8-21-2000 by Ord. No. 00-64]
6.02.400
Buses, more than two, bus dispatching, storage, including parts, maintenance, washing, and service facility
[Added 5-7-2008 by Bill No. 2008-02]
6.03.311
Cabins, hunting and fishing
1.04.000
Campgrounds and camps
4.02.240
Car wash
6.03.300
Cat boarding facility
[Added 9-10-1996 by Ord. No. 96-88]
1.07.000
Cemeteries, commercial
4.08.120
Cemeteries, private
4.08.110
Child care, nursing care, intermediate care, handicapped or infirm institutions
4.03.200
Clubs and lodges, social, fraternal
4.01.400
Coliseums and stadiums with seating capacity more than 1,000
4.02.123
Commercial greenhouse operations with medical cannabis dispensary
[Added 3-15-2016 by Bill No. 2016-01]
1.05.300
Concrete mixing, retail, operations conducted within and/or outside fully enclosed building
5.02.200
Convenience stores
6.01.140
Convention centers, conference centers
3.05.300
Country inn
[Added 10-31-1995 by Ord. No. 95-96]
3.05.400
Crematoriums
4.08.200
Day-care centers, day nurseries, 7 to 30 care recipients
3.04.220
Day-care centers, nursery schools, more than 30 children
5.02.500
Earth stations
4.07.100
Elderly care homes (9 to 16 people)
3.04.420
Energetics research and development
7.04.210
Fertilizer mixing plants
7.01.260
Funeral homes
5.02.300
General merchandise
6.01.130
Gasoline station (motor vehicle fuel sales)
6.03.300
Golf courses, miniature
4.02.280
Golf driving ranges not accessory to golf courses, par 3 golf courses, miniature golf courses
4.02.280
Greenhouses, commercial, with on-premises sales permitted
1.05.200
Group homes less than or equal to eight people
3.04.110
Group homes, nine to 16 people
3.04.120
Halfway house
3.04.300
Heliports
4.05.310
Helistops
4.05.320
Hog operations with six or more hogs
1.01.450
Horticultural sales with outdoor display
1.03.200
Horses on less than or equal to five acres
1.01.310
Hospitals and other inpatient medical facilities more than 10,000 square feet
4.03.100
Hotels, motels
3.05.300
Hunting and fishing cabins
1.04.000
Junkyards, salvage yards, scrap materials and automobile graveyards
7.03.000
Kennel, commercial
1.06.000
Libraries, private, located within a building designed and previously occupied as a residence or institution
4.01.310
Libraries, private, located within any other structure
4.01.320
Livestock on less than or equal to five acres
1.01.300
Livestock on a parcel greater than five acres
[Added 12-7-1993 by Ord. No. 93-100; amended 11-21-1994 by Ord. No. 94-100]
1.01.200
Livestock as pets, 4-H or school projects on less than or equal to five acres
1.01.310
Livestock for sales, cattle, etc., on less than or equal to five acres
1.01.320
Livestock markets
1.03.300
Lodges and clubs, social, fraternal
4.01.400
Machine shops, blacksmith shops, ornamental iron works, welding shops and sheet metal shops
7.01.210
Machinery, heavy cultivation machinery, spray planes or irrigating machinery
1.01.700
Manufacturing, etc., with all operations conducted entirely within fully enclosed building, buildings less than 10,000 square feet per parcel
7.01.110
Manufacturing, etc., with all operations conducted entirely within fully enclosed building, buildings more than 10,000 square feet per parcel
7.01.120
Marina
2.01.000
Marine terminal
2.03.000
Markets, livestock
1.03.300
Markets, open-air produce
1.03.120
Medical cannabis dispensary operation
[Added 3-15-2016 by Bill No. 2016-01]
6.04.200
Medical cannabis processing operation
[Added 3-15-2016 by Bill No. 2016-01]
6.04.100
Meeting halls, union halls
4.01.400
Mental health treatment facilities more than 10,000 square feet
4.03.100
Migrant workers' housing
3.07.000
Mining, wells for oil, natural gas or petroleum
7.05.200
Mining, surface
7.05.100
Mobile food services facilities
[Added 9-20-2016 by Bill No. 2016-06]
6.02.330
Motels, hotels
3.05.300
Motor vehicle fuel sales
6.03.300
Motor vehicle painting and body work
6.03.400
Motor vehicle parks
6.03.500
Motor vehicle fuel sales associated with commercial uses greater than 3,500 square feet or which provide more than 12 fueling positions
[Added 10-23-2000 by Ord. No. 00-84]
6.03.321
Motor vehicle fuel sales not associated with commercial uses greater than 3,500 square feet or providing more than 12 fueling positions
[Added 10-23-2000 by Ord. No. 00-84]
6.03.322
Motor vehicle repair and maintenance
[Amended 10-23-2000 by Ord. No. 00-84]
6.03.310
Motor vehicle sales or rental in the CB Zone on more than three acres
[Amended 12-7-1993 by Ord. No. 93-101]
6.03.110
Motor vehicle sales or rental, all other, mobile home sales
[Amended 12-7-1993 by Ord. No. 93-101]
6.03.120
Motor vehicle sales with installation of motor vehicle parts or accessories
Movie theater, drive-in
4.02.260
Museums, private, located within a building designed and previously occupied as a residence or institution
4.01.310
Museums, private, located within any other structure
4.01.320
Nursery schools and day-care centers, more than 30 children
5.02.500
Nursing care, intermediate care, handicapped, infirm and child care institutions
4.03.200
Parking, automobile parking garages or parking lots not located on a lot where there is another principal use to which the parking is related
7.02.100
Parking, one motor vehicle greater than 15,000 pounds gross vehicle weight
[Added 2-22-2000 by Ord. No. 00-10]
7.02.410
Parking, more than one motor vehicle greater than 15,000 pounds gross vehicle weight
[Added 2-22-2000 by Ord. No. 00-10]
7.02.420
Parking, outside, where vehicles are owned and used by the person making use of the lot and parking occupies more than 75% of the developed area
7.02.300
Petroleum products storage
7.02.240
Post office, local
4.05.110
Poultry houses
1.01.450
Racing tracks, automobile and motorcycle
4.02.250
Recreation facilities, indoor
4.02.110
Recreation facilities, outdoor, privately owned and not constructed pursuant to a permit authorizing the construction of some residential development
4.02.210
Recreational vehicle park
4.02.230
Research facilities and laboratories with processing or manufacturing of materials
7.04.200
Research facilities and laboratories without processing of materials
7.04.100
Residential, multifamily: garden apartment
3.03.100
Residential, multifamily: high-rise
3.03.300
Residential, multifamily: mid-rise
3.03.200
Residential, single-family attached: duplex
3.02.100
Residential, single-family attached: multiplex
3.02.300
Residential, single-family attached: townhouse
3.02.200
Residential, single-family detached: accessory apartment
3.01.700
Residential, single-family detached: lot line dwelling
3.01.200
Residential, single-family detached: manufactured home, Class B
3.01.500
Residential, single-family detached: patio/court/atrium
3.01.300
Residential, single-family detached: single-family dwelling
[Added 8-2-1993 by Ord. No. 93-82]
3.01.100
Residential, single-family detached: tenant house
3.01.600
Restaurant, fast-food, carry-out and delivery
6.02.200
Restaurant, fast-food, drive-in and drive-through with direct highway access to a public road
6.02.310
Restaurant, standard, fast-food, bars, nightclubs and dinner theaters
6.02.100
Retirement housing complex
3.04.500
Rifle and pistol ranges, indoor
4.02.130
Rifle and pistol ranges, outdoor
4.02.290
Rooming houses, boardinghouses
3.05.100
Salvage yards, automobile graveyards, junkyards and scrap materials
7.03.000
Sand and gravel washing, crushing and screening
7.01.280
Satellite dishes
4.07.200
Sawmills
[Added 12-11-2000 by Ord. No. 00-93]
7.01.230
Seafood processing and seafood operations with products raised on the premises
2.02.200
Seafood processing and seafood operations with products raised or harvested off-site
2.02.100
Schools, private elementary and secondary
4.01.110
Schools, private colleges, universities, community colleges
4.01.130
Schools, trade or vocational
4.01.120
Shelters, permanent
3.06.000
Shoppers merchandise store, more than 15,000 square feet of floor area per parcel
6.01.121
Skateboard parks
4.02.280
Slaughterhouses
1.01.460
Solar energy system, large
[Added 5-6-2014 by Bill No. 2014-02]
7.07.200
Solar energy system, small
[Added 5-6-2014 by Bill No. 2014-02]
7.07.100
Specialty shops, more than 15,000 square feet of floor area per parcel
6.01.122
Stables, commercial
1.01.500
Stadiums and coliseums with seating capacity more than 1,000
4.02.123
Storage, outside, where stored equipment is owned and used by the person making use of the lot and storage occupies more than 75% of the developed area
7.02.300
Storage, petroleum products
7.02.240
Storage, warehouse
7.02.220
Storage, warehouse, mini
7.02.230
Stump/wood grinding
[Added 12-7-1993 by Ord. No. 93-100; amended 11-21-1994 by Ord. No. 94-100]
7.01.290
Surface mining
7.05.100
Theaters, open-air and amphitheaters
4.02.260
Towers more than 50 feet tall
[Added 9-7-1999 by Ord. No. 99-85]
4.06.300
Union halls, meeting halls
4.01.400
Utilities, public: electric power, gas transmission and telecommunications buildings and structures, not associated with a tower
4.06.200
Utilities, public: towers and antennas more than 50 feet tall
4.06.300
Veterinarians and veterinary hospitals
5.02.400
Warehouse storage
7.02.220
Warehouse, mini-
7.02.230
Water slide parks
4.02.280
Wells for oil, natural gas or petroleum
7.05.200
Wind energy system, large
[Added 5-6-2014 by Bill No. 2014-02]
7.07.400
Wind energy system, small
[Added 5-6-2014 by Bill No. 2014-02]
7.07.300
Winery
7.01.250
Wireless communications antennas
[Added 9-7-1999 by Ord. No. 99-85]
4.06.500
[1]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
The following uses are listed according to the numbering system on the Table of Permissible Uses and establish the specific minimum requirements for uses permitted with conditions or special exception uses:
(1) 
1.01.200 Livestock on a parcel greater than five acres. This use is permitted in all zones, provided that any areas of animal confinement less than one acre, manure storage or feed storage shall be a minimum distance of 75 feet from any public street or highway and in no case closer than 250 feet from any existing residential dwellings on an adjoining parcel.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
(2) 
1.01.310 Horses, livestock maintained as pets and 4-H or school projects on less than or equal to five acres. This use is permitted with conditions in all zones, provided that the following requirements are met:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
A. 
The keeping of horses and other large livestock such as cattle, swine, goats and sheep in any residential zone shall be permitted on lots or parcels of two acres or more with a minimum of one acre per animal.
B. 
Small livestock, such as poultry and rabbits, shall be permitted, provided that the ratio of animals to acreage set forth in the following schedule is met and the animals must be maintained in a humane, secure and sanitary fashion so as not to create a detriment or nuisance to the public:
Acreage
Number of Animals
(per acre)
Less than 2 acres
2 adult animals
Greater than 2 acres
4 adult animals
(3) 
1.01.320 Cattle, swine, goats and sheep, rabbits and poultry or fowl raised for sale on less than or equal to five acres. The keeping of cattle, swine, goats and sheep, rabbits, poultry or fowl on less than or equal to five acres when raised for sale is permitted by special exception in the AC, RC and RR Zones, provided that the minimum standards for land area set by the United States Department of Agriculture and Article IV of this chapter are met.
(4) 
1.01.450 Poultry houses, hog operations with six or more hogs. This use is permitted by special exception in the RC Zone and permitted with conditions in the AC Zone, subject to the following:
A. 
The use is located greater than 200 feet from the nearest boundary line of the land on which it is located.
B. 
Obtain a soil conservation water quality plan and/or a nutrient management plan prepared with the assistance of the Charles County Soil Conservation District or the Charles County Cooperative Extension Service.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
(5) 
1.01.460 Slaughterhouses, where use is located greater than 200 feet from the nearest boundary line of the land on which it is located. This use is permitted by special exception in the AC, RC and IH Zones, subject to the conditions below:
A. 
Site plan requirements.
(1) 
Waste or any decomposable residue from the slaughterhouse operation may not be disposed of by spreading on and/or plowing under on a farm unless the farm contains at least 100 acres and a County Health Department approval is obtained.
(2) 
Adequate measures must be developed, as per Article II, for the abatement of offensive and obnoxious odors, dust, smoke or similar nuisances, to the degree that such odors, dust, smoke or similar nuisances will be confined within the boundaries of the slaughterhouse site.
(3) 
Adequate measures meeting the Building Code standards[2] must be installed for the abatement of animal noises.
[2]
Editor's Note: See Ch. 224, Building Construction.
(4) 
Design, construction and operation of the facility must meet or exceed the requirements of all relevant state and federal regulations, and the operation must conform to the requirements of Agricultural Handbook 570, United States Inspected Meat and Poultry Packing Plants, a Guide to Construction and Layout, published by the United States Department of Agriculture in February 1981, as amended.
(5) 
Waste, by-products or any decomposable residue which results from the slaughtering of animals must be refrigerated while on the premises.
(6) 
There must be provided adequate off-street parking and loading and unloading facilities for customers and employees.
(7) 
The site must have direct access to a collector or arterial road.
(8) 
There will be no construction in a floodplain, even with floodproofing.
(9) 
Construction and earthmoving will not be done within 25 feet of tidal or nontidal wetlands which cover at least 1/4 acre.
(10) 
Construction and earthmoving will not be done within 25 feet of slopes over 20%.
B. 
Minimum site area. A minimum of 20 acres is required for any slaughterhouse operation. If the slaughterhouse includes a feedlot, a minimum of 100 acres is required.
C. 
No slaughterhouses shall be constructed or established within one mile of any neighborhood of 20 lots or more in which the average density is one dwelling unit per five acres or more.
D. 
Stock pens or buildings associated with the slaughterhouse operation must be at least 300 feet from any public right-of-way and must be at least 500 feet from any other property line.
E. 
In the IH Zone, the following requirements apply:
(1) 
A minimum of five acres is required.
(2) 
No structure may be located closer than 200 feet from the nearest public or private boundary, except that if the facility includes a retail sales outlet, the front of the retail sales outlet may be as close as 50 feet from the right-of-way boundary of a collector or arterial road.
(6) 
1.01.500 Commercial stables. This use is permitted by special exception in the RC(D), RR, RL, RM, CV, PRD and MX Zones, provided that the following standards are met:
[Amended 12-11-2000 by Ord. No. 00-93]
A. 
The stable shall be located on a tract of not less than five acres.
B. 
No building shall be located less than 100 feet from the nearest property line.
(7) 
1.01.700 Use of heavy cultivating machinery, spray planes or irrigating machinery. Use of this type of farm equipment is permitted with conditions in the RL and RM Zones, provided that the following requirements are met:
A. 
The decibel level during operation shall not exceed 70 decibels at the property line measured in accordance with § 297-32, Noise, in Article II.
B. 
Buffer yards shall be required to adequately separate this use from adjacent residential use on lots of five acres or less in order to eliminate or minimize potential negative impacts from dust and odor. The buffer shall conform to the buffer requirements equivalent to Buffer Yard B in Article XXIII.
(8) 
1.03.120 Open-air produce markets. This use is permitted with conditions in the AC, RC and RR Zones, provided that the following requirements are met:
A. 
A permanent structure is permitted for the display and sale of locally produced agricultural and fishery products, provided that:
(1) 
The building shall be no larger than 1,500 square feet in area.
(2) 
The building shall maintain the front yard setback for the zone in which it is located or the prevailing front yard setback, whichever is less.
(3) 
Exits and entrances shall be provided which shall be at least 50 feet from any intersection on a local road and 100 feet from all other road intersections.
(4) 
There shall be a minimum of three off-street parking spaces and one space per 300 square feet of building area over 900 square feet.
(5) 
At a minimum, one self-contained privy shall be maintained on the site while the operation is in use.
(9) 
1.03.200 Horticultural sales with outdoor display. This use is permitted by special exception in the AC and RC Zones, subject to the requirements contained in 1.03.120 for open-air markets.
(10) 
1.03.300 Livestock markets. Livestock auction markets are permitted with conditions in the IH Zone, subject to the following requirements and site plan approval. This use is permitted by special exception in the AC and RC Zones, subject to the same requirements.
A. 
A minimum lot area of 10 acres.
B. 
Stock pens and main buildings located at least 300 feet from any street or highway and at least 800 feet from any residence existing at the time of application.
C. 
Adequate off-street parking and off-street loading space for customers and employees.
D. 
Buffer yards will be required by the Board of Appeals to adequately separate this use from adjacent uses or properties in order to eliminate or minimize negative impacts from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce impacts of noise, odor or danger from fires or explosions.
(11) 
1.04.000 Hunting and fishing cabins. This use is permitted with conditions in the AC Zone, provided that the following requirements are met:
A. 
There is to be no more than one cabin permitted on a parcel.
B. 
Hunting and fishing cabins are an accessory use and designed to accommodate no more than 10 individuals.
C. 
This use shall not be used as a permanent residence.
(12) 
1.05.200 Commercial greenhouse operation with on-premises sales permitted. This use is permitted by special exception in the RC and RR Zones, together with buildings incidental thereto, subject to the following:
A. 
Such use will not cause a negative impact because of traffic, noise or other factors.
B. 
Such use will not include the sale or storage of general hardware or power equipment.
C. 
The use is located on a tract of land containing greater than two acres.
D. 
The use will be set back more than 50 feet from the nearest property line.
E. 
Greenhouses shall have a minimum setback of twice the height of the building.
F. 
Storage of all materials which produce odors or attract pests shall be effectively covered.
(12.1) 
1.05.300. Commercial greenhouse operations with medical cannabis dispensary. This use is permitted in the BP, CC, CB, IG, IH, and PEP Zones, together with buildings incidental thereto, subject to the following:
[Added 3-15-2016 by Bill No. 2016-01]
A. 
The applicant/operator shall obtain approval or preapproval of a license from the Maryland Medical Cannabis Commission. Documentation of a valid license shall be provided to the County prior to the commencement of operations.
B. 
Any structure used for the dispensary must be at least 1,000 feet from the property line of any school, day-care facility, substance rehabilitation facility, or any other dispensary.
C. 
A buffer yard C shall be required to adequately separate this use from adjacent uses.
(13) 
1.06.000 Kennel, commercial. This use is permitted by special exception in the RC and RL Zones and is permitted with conditions in the AC, CN, CC, CV, MX and TOD Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92; 6-19-2012 by Bill No. 2012-08]
A. 
The minimum area shall be five acres if dogs are left out, two acres if placed in a soundproof building. Boarding areas will be in an enclosed area in a soundproof building.
B. 
Boarding and exercise/run areas shall not be located within 200 feet of a residential structure; in the RC and RL Zones the distance required is 300 feet.
C. 
In the RC and RL Zone, the Board of Appeals will establish appropriate hours of operation for this use.
D. 
The facility will conform to the Animal Regulations of Charles County for commercial animal establishments.[3]
[3]
Editor's Note: See Ch. 230, Dogs and Other Animals.
E. 
Solid waste shall be collected, stored and disposed of in accordance with applicable rules and regulations of the Charles County Health Department.
F. 
The facility shall have drainage and plumbing adequate for daily cleaning and sanitation purposes.
G. 
In the RC and RL Zones, a Buffer Yard C shall be provided along the property line.
H. 
Dog runs and/or exercise areas shall be enclosed by eight-foot-tall solid fencing.
I. 
In the RC and RL Zones, pens and enclosures where dogs are kept shall have a minimum area of 50 square feet per dog boarded within the facility.
J. 
Dogs shall not be allowed outside between the hours of 7:00 p.m. and 7:00 a.m.
K. 
The facility shall at all times employ at least one employee per 30 dogs boarded within the facility to ensure proper care of animals and safety of staff.
(14) 
1.07.000 Cat boarding facility. This use is permitted with conditions in the AC, RC, RR and RL Zones subject to the following conditions.
[Added 9-10-1996 by Ord. No. 96-88]
A. 
Minimum lot area: five acres.
B. 
The use shall not be located within 150 feet of a dwelling located on adjacent properties.
C. 
Buffer Yard C will be required to adequately separate this use from adjacent uses or properties.
D. 
The use will conform to the Animal Regulations of Charles County.[4]
[4]
Editor's Note: See Ch. 230, Dogs and Other Animals, Art. I.
(15) 
2.01.000 Marina, including boat sales and repair and boat rental, including sailboards and jet skis. This use is permitted with conditions in the CC, CV, PEP and MX Zones, subject to the following:
A. 
The minimum lot area shall be one acre above the mean high water line.
B. 
Off-street parking or loading areas shall be separated from any residential zone by a Buffer Yard D.
C. 
In no case shall the length of piers or boat houses' length exceed 1/2 of the distance from mean high water line to the center line of the body of water or cove.
D. 
Each lot shall have side and/or rear yards measuring not less than 25 feet in width. No structures shall be permitted within these required yards.
E. 
Each lot shall have a minimum width at the waterfront of 100 feet. Lot width at the waterfront shall be measured along a straight line drawn between the points at which the wide property lines intersect the mean high water line. In cases where a lot is bounded on more than one side by water, separate waterfront widths for each side may be calculated, and their totals shall measure not less than 100 feet.
F. 
The project must comply with all provisions of the Charles County Chesapeake Bay Critical Area Program, Article IX, Critical Area Zones (Overlay Zones), other County regulations and all applicable state and federal regulations.
G. 
The site plan shall contain the following information:
(1) 
Water depth contours shown at two-foot intervals at mean low water taken by sounding.
(2) 
The description, method and location of water supply and sewerage disposal facilities.
(3) 
The location, design and type of lighting facilities.
(4) 
Mean high and mean low water lines.
(5) 
All existing and proposed piers, buoys, launching ramps, shore protection structures and any and all existing deterrents or aids to navigation.
(6) 
The location and dimensions of all areas to be dredged, including present and proposed depths.
(7) 
The volume of dredge spoil to be removed, type of material, location and dimensions of disposal area(s), including dikes.
(8) 
Locations and dimensions of all outdoor, dry storage, maintenance and repair facilities.
(9) 
The location and capacity of all travel lifts, railways, hoists or other devices for launching or removal of watercraft.
(10) 
The location and dimensions of all boat launching ramps.
(11) 
The location and dimensions of all boat slips and mooring buoys.
(12) 
The location of fuel dock and gasoline storage tanks.
(16) 
2.02.100 Seafood processing and seafood operations with products raised or harvested off-site. This use is permitted by special exception in the PEP Zone and is permitted with conditions in the CC and MX Zones, subject to the following:
A. 
The minimum area shall be two acres.
B. 
Setback. There shall be a minimum setback of 100 feet from side, front and rear lot lines.
C. 
Adequate measures will be taken for the abatement of offensive and obnoxious odors, dust, smoke, noise, vibration or similar nuisances.
D. 
Design, construction and operation of the facility will meet the requirements of appropriate state and federal regulatory agencies.
E. 
Retail sales of processed food are permitted only as an accessory use.
(17) 
2.02.200 Seafood processing and seafood operations with products raised on the premises. This use is permitted with conditions in the AC and RC Zones, subject to the following requirements:
A. 
The use will be located a minimum of 100 feet from all property lines.
B. 
Seventy-five percent of the products must be raised on site.
C. 
The minimum area shall be 50 acres.
(18) 
2.03.000 Marine terminal. This use is permitted by special exception in the CV and MX Zones, subject to the following standards:
A. 
Buffer yards will be required by the Board of Appeals to adequately separate this use from adjacent uses or properties in order to eliminate or minimize potential negative impact from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce impacts of noise, odor or danger from fires or explosions.
B. 
A traffic and road condition study shall be submitted by the applicant to determine the adequacy of the road network and the structural elements serving the site from truck traffic to be generated by the marine terminal.
C. 
The Board of Appeals will establish appropriate hours of operation for this use.
(19) 
3.01.100 Single-family detached residential: single-family.
[Added 8-2-1993 by Ord. No. 93-82; amended 5-2-2000 by Ord. No. 00-37; by Ord. No. ZTA 01-46]
A. 
This use shall be permitted with conditions in the RL, RM, RH, RV, RO, PRD, MX, PUD, WPC, PMH, CER, CMR and CRR Zones, subject to the following:
[Amended 7-25-2005 by Bill No. 2005-01; 3-23-2010 by Bill No. 2010-01; 4-13-2010 by Bill No. 2010-06]
(1) 
The minimum square footage of finished, livable space, not to include the square footage enclosed by garages, porches, decks, unfinished basements or attic areas, will not be less than 1,250 square feet, subject to the following:
(a) 
Twenty-five percent of the units may be a minimum of 1,250 square feet.
(b) 
Twenty-five percent of the units may be a minimum of 1,450 square feet.
(c) 
Remaining units must be a minimum of 1,650 square feet.
(d) 
Dwelling units less than 1,650 square feet are to be mixed within each subdivision.
(e) 
One-hundred percent of units located in minor subdivisions, as defined under § 278-17 of the Charles County Subdivision Regulations, may be a minimum of 1,250 square feet.
(2) 
Subsection A(1)(a) through (e) shall not apply to:
(a) 
Residential developments that are restricted by deed to the residency of individuals 55 years of age or older and further restricted by deed to exclude school-age children from permanently residing on the property.
(b) 
A low-to-moderate-priced dwelling unit project being constructed by a nonprofit organization that has been approved by the Housing Authority Board.
(c) 
Ten percent or less of the total number of dwelling units within an existing platted residential subdivision of 10 or more single-family detached units for subdivisions approved after _/_/2009. For those projects utilizing this provision, the square footage shall not be less than 1,250 square feet.
(d) 
A dwelling unit that is not within public/municipal wastewater collection system service areas: S-1, S-3 or S-5.
(3) 
Exterior appearance. Structures shall consist of complementary materials and design features to provide variation and value through architectural design features such as roofed porches (screened or unscreened), sunrooms, atriums or other similar design features, and natural siding materials, such as brick, stone, wood or similar materials, that augment the neighboring dwelling units and community design. Material selection, variation and design features will require prior approval by the Site Design and Architectural Review Board (SDARB) and/or County review designee, following standards set forth in the Charles County site design and architectural guidelines. This subsection shall not apply to a low-to-moderate-priced dwelling unit project being constructed by a nonprofit organization that has been approved by the Housing Authority Board.
B. 
This use shall be permitted with conditions in the IG Zone subject to the following. Lots shall be created for the purpose of constructing a single-family detached dwelling for the use of the owner or a child, or a grandchild of the owner, provided that:
(1) 
The intrafamily transfer shall be subject to the requirements of the Charles County Subdivision Regulations[5] and shall file a declaration of intent for intrafamily transfers pursuant to the Charles County Forest Conservation Ordinance § 298-4K. A notation shall be placed on the final subdivision plat denoting the lot(s) and residue that are created under these provisions.
[5]
Editor's Note: See Ch. 278, Subdivision Regulations.
(2) 
Subdivisions of land under the intrafamily transfer provisions contained herein shall not cause parcels to be subdivided into more than a total of five lots.
C. 
Lots created pursuant to these provisions shall not be created for purposes of ultimate commercial sale. A lot created pursuant to these provisions may not be subsequently conveyed to any person except as provided herein:
(1) 
Where the conveyance is to a member of the owner's immediate family; or
(2) 
Where the conveyance of the lot is as part of a default on a mortgage or deed of trust.
D. 
Any lot created under this section may not be transferred or sold to a third party, who is not a member of the owner's immediate family or holder of a mortgage or deed of trust on the property, unless and until the Planning Commission has determined that the following conditions apply:
(1) 
A change in circumstances has occurred since the original transfer, which would warrant permitting a subsequent transfer, when such circumstances are consistent with the warrants and exceptions contained herein.
(2) 
The third party intends to develop the property for a permitted industrial or commercial use.
E. 
Deeds of transfer shall include a covenant stating that the lot is subject to the provisions of this subsection. These covenants shall restrict the subsequent transfer or sale of a lot or lots created pursuant to the intrafamily transfer provisions contained herein to a third party who is not a member of the owner's immediate family or a holder of a mortgage or deed of trust on the property, except as provided in Subsection D above.
(20) 
3.01.200 Single-family detached residential: lot line dwelling. This use is permitted with conditions in the CMR, MX, PUD, WPC and TOD Zones subject to the following requirements:
[Amended 3-1-1999 by Ord. No. 99-16; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01]
A. 
This use may be permitted as part of the approval of a PRD and MX Zone, subject to all applicable provisions of this chapter and Article VII, Planning Development Zone Regulations.
B. 
This use may be permitted where this use is shown and approved on a preliminary plan of subdivision in the PUD and WPC Zones, subject to all applicable provisions of this chapter and executed zoning indenture documents.
C. 
This use may be permitted in the CMR Zone where the use is shown and approved on a preliminary plan of subdivision and approved by the County's Site Design Architectural Review Board.
(21) 
3.01.300 Single-family detached residential: patio/court/atrium. This use is permitted with conditions in the CMR, PRD, MX, PUD, WPC and TCD Zones, subject to the following requirements:
[Amended 3-1-1999 by Ord. No. 99-16; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01]
A. 
This use may be permitted as part of the approval of a PRD and MX Zone, subject to all applicable provisions of this chapter and Article VII, Planned Development Zone Regulations.
B. 
This use may be permitted where the use is shown and approved on a preliminary plan of subdivision in the PUD and WPC Zones, subject to all applicable provisions of this chapter and executed zoning indenture documents.
C. 
This use may be permitted in the CMR Zone where the use is shown and approved on a preliminary plan of subdivision and approved by the County's Site Design Architectural Review Board.
(22) 
3.01.500 Single-family detached residential: Class B manufactured home. A Class B manufactured home is permitted by special exception in the RR and RL Zones, provided that a continuous permanent masonry foundation, except for the required ventilation and access, is installed under the structure.
(23) 
3.01.600 Single-family detached residential: tenant house. A tenant house is permitted with conditions in the AC, RC, RR and RL Zones, provided that:
A. 
Each dwelling has a separate water supply and sewerage disposal system.
B. 
Dwellings are occupied by agricultural workers actively engaged in farming on a full-time or part-time basis on the farm on which the tenant house is located.
C. 
No more than one house per 50 acres may be located on a farm. A maximum of three tenant houses may be located on a farm under ownership by a single entity.
(24) 
3.01.700 Single-family detached residential: primary residence with accessory apartment. This use is permitted with conditions in the AC, RC, RR, RV, RL, RM, RH, RO, MX, TOD, CER, CMR and CRR Zones, subject to the following requirements:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 11-3-2009 by Bill No. 2009-12]
A. 
An accessory apartment may be located either in the principal dwelling unit or in an accessory building.
B. 
Apartment size. The minimum floor area for an accessory apartment within a principal dwelling shall be 300 square feet, but in no case shall it exceed 50% of the gross floor area of the dwelling in which it is located. For accessory apartments located in accessory buildings, the minimum floor area shall also be 300 square feet, there shall be no more than two bedrooms in the apartment, and the apartment shall not occupy more than 50% of the accessory structure.
C. 
There shall be no more than one accessory apartment permitted per existing single-family dwelling.
D. 
Exterior appearance. If an accessory apartment is located in the principal dwelling building, the entry to such unit and its design shall, to the degree reasonably feasible, reflect the appearance of the single-family residential structure. No external entrance that faces a road or street shall be added to either the principal dwelling or an accessory building.
E. 
Water and sewerage service. Prior to the issuance of a zoning permit for the establishment of an accessory apartment in or existing residential structure or the conversion of an existing accessory building to an accessory apartment use, approval of the proposed method of water supply and sewage disposal shall be obtained from the County Department of Health.
F. 
Off-street parking. Off-street parking shall be provided in accordance with the standards and requirements of Article XX, Parking Facilities.
(25) 
3.02.100 Single-family attached residential: duplex. This use is permitted with conditions in the RM and RH Zones and in the PRD, MX, TOD, CER, CMR and CRR Zones subject to the requirements below. Where this use is shown and approved on a master plan or preliminary plan of subdivision, it is permitted in the PUD and WPC Zones, subject to the following requirements:
[Amended 3-1-1999 by Ord. No. 99-16; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-06]
A. 
This use is permitted in the PRD, MX and TOD Zones subject to all applicable provisions of Article VII, Planned Development Zones.
B. 
The conditions for this use are the same as specified below for 3.02.200 Single-family attached residential: townhouse.
(26) 
3.02.200 Single-family attached residential: townhouse. This use is permitted with conditions in the RM and RH Zones and in the PRD, MX, TOD, CER, CMR, CRR, WC and AUC Zones, subject to the requirements below. Where this use is shown and approved on a master plan or preliminary plan of subdivision, it is permitted in the PUD and WPC Zones, subject to the following requirements:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 7-8-1997 by Ord. No. 97-83; 3-1-1999 by Ord. No. 99-16; 7-25-2005 by Bill No. 2005-01; 3-3-2010 by Bill No. 2010-01; 4-13-2010 by Bill No. 2010-02; 4-13-2010 by Bill No. 2010-05; 4-13-2010 by Bill No. 2010-06]
A. 
This use is permitted in the PRD, MX and TOD Zones subject to all applicable provisions of Article VII, Planned Development Zones.
B. 
Landscaping. A landscaping plan and a schedule of planting shall be included with the site plan which satisfies the following requirement: Areas not occupied by buildings, roads, parking areas, service areas or other required or permitted uses, including open spaces and usable recreation areas, shall be landscaped by lawns, trees, shrubs, gardens or other suitable ground cover.
C. 
Building requirements and relationship within the PUD, WPC, PRD, MX, TOD, CER, CMR and CRR Zones:
(1) 
Dwelling units per structure. There shall be no more than four units within a townhouse building or structure when averaged throughout the entire proposed development, but in no case more than six dwelling units shall be contained in a townhouse structure. Deviations from this standard may be approved by the County Commissioners as part of the Planned Development Zone approval or in the CRR and CER Zones upon the demonstration by the applicant that the design is superior in achieving the objectives and purposes of the zone.
(2) 
Setback between buildings. The minimum distance between any two unattached dwelling structures is 25 feet. The setback can be increased to 40 feet if the dwelling structures are face to face. The point of measurement shall be the exterior walls of the structures and does not include balconies or other architectural features. A walkway may be provided between buildings without meeting the minimum setback if approved by the County Commissioners as part of the Planned Development Zone approval upon the demonstration by the applicant that the design is superior in achieving the objectives and purposes of the zone.
(3) 
Distance to service areas. No dwelling structure shall be closer than 20 feet to any interior driveway or closer than 15 feet to any off-street parking area, excluding garages built into an individual dwelling unit.
(4) 
Rear yard access. All dwelling units shall be situated so as to provide adequate access to rear yards except in the CRR and CER Zones.
(5) 
The rears of townhouse buildings shall either be effectively screened by other structures, landscaping, berms or fencing from views from public spaces, such as recreational areas, streets and parking lots, or the rears of townhouse buildings shall be designed so that they have similar features to the fronts (such as reverse gables, bay windows, shutters, trim, entry doors and other architectural features) and shall be designed, along with the sides, to appear as a whole object, such that the front, side and rear facades are compatible with each other and contain common design elements.
(6) 
Side and rear walls shall be articulated with doors, windows, recesses, chimneys or other architectural treatments. All end walls shall have a minimum of two architectural features, and lots where end walls are prominent (such as corner lots and lots visible from public spaces, streets or because of topography or road curvature) shall have additional end wall features in a balanced composition.
(7) 
Above-grade foundation walls shall be clad with finish materials compatible with the primary facade materials, finished stucco and stamped concrete may be permitted and, if permitted, shall be of a color compatible with the primary facade colors.
(8) 
At least 60% of the exterior of each building or structure shall consist of brick or stone.
(9) 
The minimum square footage of finished, livable space, not to include the square footage enclosed by garages, porches, decks, unfinished basements or attic areas, will not be less than 1,250 square feet; subject to the following:
(a) 
Twenty five percent of the units may be a minimum of 1,250 square feet.
(b) 
Twenty five percent of the units may be a minimum of 1,450 square feet.
(c) 
Remaining units must be a minimum of 1,650 square feet.
(d) 
Dwelling units less than 1,650 square feet are to be mixed within each subdivision.
D. 
Within the WC and AUC Zones:
[Added 4-13-2010 by Bill No. 2010-02]
(1) 
Development shall comply with all applicable requirements of § 297-97.
(2) 
Buildings shall be sited and designed to comply with the Downtown Waldorf Vision Plan and Design Guidelines.
(3) 
Attached dwellings (townhouses or multiplex) shall not be constructed on lots abutting a principal arterial highway (U.S. 301) or a Waldorf urban major collector as identified in the Waldorf Downtown Design Guidelines.
E. 
Requirements for dwelling units located on a public way.
(1) 
All lots within a development of this use shall, at a minimum, front on a public way. A public way intended for pedestrian circulation shall have a minimum width of five feet. Public ways intended for automobile parking and circulation shall meet the requirements of Article XVI of this chapter.
(2) 
Within the WC and AUC Zones, public ways shall comply with requirements of § 297-97, Activity center zones, and the standards of the Downtown Waldorf Vision Plan and Design Guidelines.
(3) 
All public ways or other common facilities within a development of this use shall be maintained by the property owners within the same development.
F. 
Site plan approval. Site plan approval shall be required for all developments of this use and shall contain all of the elements required in Appendix A.[6]
[6]
Editor's Note: Appendix A is included as an attachment to this chapter.
(27) 
3.02.300 Single-family attached residential: multiplex. This use is permitted with conditions in the RM and RH Zones and in the PRD, MX, TOD, CER, CMR, CRR, WC and AUC Zones, subject to the same conditions as specified in Use 3.02.200. Where this use is shown and approved on a master plan or preliminary plan of subdivision, it is permitted in the PUD and WPC Zones, subject to the same conditions for this use as Use 3.02.200.
[Amended 3-1-1999 by Ord. No. 99-16; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02; 4-13-2010 by Bill No. 2010-06]
(28) 
3.03.100 Multifamily residential: garden apartment. This use is permitted with conditions in the RM and RH Zones and in the CER, CRR, PRD, MX, WC and AUC Zones, subject to the following:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 3-1-1999 by Ord. No. 99-16; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02; 4-13-2010 by Bill No. 2010-06]
A. 
This use is permitted in the PRD and MX Zones, subject to all applicable provisions of Article VII, Planned Development Zone Regulations, and the following requirements:
(1) 
Dimensional standards. The minimum distance between any two buildings shall be 40 feet.
(2) 
A central parking compound for recreational campers, trailers, boats and other incidental motor vehicles shall be provided.
(3) 
Open space/recreational space. Not less than 25% of the lot area of any lot used for multifamily or multigroup dwellings shall be devoted to open space or recreational space. In an MX or TOD Zone, this requirement may be located outside of an individual lot but within the overall master plan.
B. 
In the WC and AUC Zones:
(1) 
Development shall comply with all applicable requirements of § 297-97, Activity center zones.
(2) 
Buildings shall be sited and designed to comply with the Waldorf Downtown Design Guidelines.
(3) 
Lots abutting a principal arterial highway (U.S. 301) or a Waldorf urban major collector street, as identified in the Waldorf Downtown Design Guidelines, shall be developed for mixed use or nonresidential use. No solely residential buildings are permitted in these locations.
C. 
This use may be permitted in the CER and CRR Zones only if constructed above first floor nonresidential use(s) permitted in those zones.
(29) 
3.03.200 Multifamily residential: mid-rise. This use is permitted with conditions in the RM and RH Zones and in the PRD, MX, WC and AUC Zones, subject to the following:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 3-1-1999 by Ord. No. 99-16; 4-13-2010 by Bill No. 2010-02; 4-13-2010 by Bill No. 2010-06]
A. 
This use is permitted in the PRD and MX Zones, subject to all applicable provisions of Article VII, Planned Development Zone Regulations, and the following requirements:
(1) 
The minimum area shall be five acres.
(2) 
Building separation for multiple-group dwellings. Within the lot, the distance between any two multiple-family dwellings shall be not less than 50 feet, provided that if either building is more than 50 feet in height, then the distance between buildings shall be increased one foot for each foot by which the taller building exceeds 50 feet.
(3) 
No accessory building and no parking spaces or other surfaces designed for vehicular use shall be located within the minimum dimensions of yards, except that entrance and exit drives may cross them in as direct a manner as possible.
(4) 
A central parking compound for recreational campers, trailers, boats and other incidental motor vehicles shall be provided.
(5) 
Open space/recreational space. Not less than 55% of the lot area of any lot used for multiple-family or multiple-group dwellings shall be devoted to open space or recreational space. In an MX or TOD Zone, this requirement may be located outside of an individual lot but within the overall master plan.
(6) 
Lighting. No luminaries on parking lots shall be more than 10 feet above ground level, and no outdoor lighting shall shine in residential windows or onto adjoining residential property.
B. 
Within the WC and AUC Zones:
(1) 
Development shall comply with all applicable requirements of § 297-97, Activity center zones.
(2) 
Buildings shall be sited and designed to comply with the Waldorf Downtown Design Guidelines.
(3) 
Lots abutting a principal arterial highway (U.S. 301) or a Waldorf urban major collector street as identified in the Waldorf Downtown Vision Plan and Design Guidelines, shall be developed for mixed use or nonresidential use. No solely residential buildings are permitted in these locations.
(30) 
3.03.300 Multifamily residential: high-rise. This use is permitted with conditions in the AUC Zone and is permitted by special exception in the PRD, MX and TOD Zones, based on the requirements contained in 3.03.200.
[Amended 3-1-1999 by Ord. No. 99-16; 3-21-2005 by Bill No. 2005-03; 4-13-2010 by Bill No. 2010-02]
(31) 
3.04.110 Group homes with not more than eight people. This use is permitted with conditions in the AC, RC, RR, RV, RL, RM, RH, RO, PRD, MX, PMH, TOD, CER, CMR, CRR WC and AUC Zones, subject to the submittal to the Zoning Officer of an affidavit certifying compliance with all applicable state and federal laws, ordinances and regulations.
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
(32) 
3.04.120 Group homes with between nine and 16 people. A group home for nine to 16 individuals is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, PRD, MX, PMH, TOD, CER, CMR, CRR, WC and AUC Zones, subject to the following standards:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
The facility is in accordance with all applicable County, state and federal rules and regulations.
B. 
An applicant must submit an affidavit of compliance, on the form provided by the Zoning Officer, to the effect that all of the requirements of the state's licensing procedure will be satisfied.
C. 
That such use will not, when considered in combination with other existing group homes in the neighborhood, result in an excessive concentration of similar uses in the same general neighborhood.
D. 
That any site to be used as a group residential facility for children provide ample outdoor play space, free from hazards and appropriately equipped for the age and number of children.
(33) 
3.04.220 Day-care center, day nursery, between seven and 30 care recipients. A day-care center for nine to 30 individuals is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, IG, PMH and CMR Zones, subject to the following:
[Amended 7-25-2005 by Bill No. 2005-01; 8-29-2005 by Bill No. 2005-13]
A. 
The facility will be in accordance with all applicable County, state and federal rules and regulations.
B. 
An applicant must submit an affidavit of compliance, on the form provided by the Zoning Officer, to the effect that all of the requirements of the state's licensing procedure will be satisfied.
C. 
The building and play area facilities shall be at least 50 feet from any adjacent residential lot or use.
D. 
The proposed site will have road access adequate for the traffic expected to be generated by the proposed development.
E. 
Any such use will not have a detrimental impact in terms of traffic, noise, etc., on the surrounding properties.
F. 
The hours of operation will be established by the Board of Appeals.
G. 
New facilities constructed for this purpose shall be architecturally compatible with the surrounding area.
(34) 
3.04.300 Halfway house. This use is permitted by special exception in the AC, RC, RR, RV, RM, RL, RH, PRD, MX, PMH, TOD, CMR, WC and AUC Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
The facility shall be in accordance with all applicable County, state and federal rules and regulations.
B. 
That such use will not, when considered in combination with other existing group homes in the neighborhood, result in an excessive concentration of similar uses in the same general neighborhood.
C. 
That any property to be used for a halfway house is of sufficient size to accommodate the proposed number of residents and staff; however, no more than nine unrelated individuals may reside in one dwelling.
D. 
The exterior appearance of the structure will remain as a single-family detached residential structure, and no external entrance that faces a road or street will be added. A maximum of three external entrances will be allowed for the facility.
E. 
The proposed project shall comply with parking requirements as specified under Article XX of this chapter.
(35) 
3.04.420 Elderly care homes for nine to 16 people. A residential elderly care home for nine to 16 residents is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO, PRD, MX, PMH, TOD, CER, CMR, CRR, WC and AUC Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
Any such facility shall be certified, permitted or licensed by the State of Maryland.
B. 
An applicant must submit an affidavit of compliance, on the form provided by the Zoning Officer, to the effect that all of the requirements of the state's licensing procedure will be satisfied.
C. 
Such a facility shall be owner-occupied.
D. 
Care shall be given to residents over the age of 62.
E. 
Care shall be given in an existing single-family detached residential structure, providing family-style care in a residential environment.
F. 
Care shall consist of supervised personal services for persons who have temporary or periodic difficulties with one or more essential activities of daily living.
G. 
Any building modifications or alterations must be in accordance with all provisions of the Charles County Building Code.[7]
[7]
Editor's Note: See Ch. 224, Building Construction.
H. 
Any such use will not have a detrimental impact on the surrounding properties.
(36) 
3.04.500 Retirement housing complex. This use is permitted by special exception in the RH, RO and CB Zones, subject to the following standards:
A. 
The minimum area shall be three acres.
B. 
It shall have a maximum floor area ratio (FAR) of 1.0.
C. 
A minimum of 40% of the property shall be devoted to green area and outdoor recreation space.
D. 
All other requirements of this chapter, including yards, parking, landscaping and protection of environmental resources, shall be met.
E. 
A retirement housing complex shall be located within close proximity to and have pedestrian linkage with retail/commercial centers, restaurants and public transportation.
(37) 
3.05.100 Rooming houses, boardinghouses rented by the month. This use is permitted with conditions in the AC, RC, RR, RV, RO, CN, CC, CB, CV, CMR, CRR, WC and AUC Zones and is permitted by special exception in the RL, RM, RH, PRD, MX and TOD Zones, provided that the following are met:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
The boardinghouse is in an existing residential structure.
B. 
The exterior appearance of the structure will remain as a single-family residential structure, and no external entrance that faces a road or street will be added. A maximum of three external entrances will be allowed for the facility.
C. 
The proposed project shall comply with parking requirements as specified under Article XX of this chapter.
D. 
The facility shall have one freestanding sign, not more than 25 square feet in area and five feet in height, permitted along the road frontage. The sign shall be for identification purposes only.
E. 
There shall be a maximum of eight rooms in the facility to be rented on a monthly basis or longer.
(38) 
3.05.200 Bed-and-breakfast, tourist homes. This use is permitted with conditions in the AC, RC, RR, RV, RO, CN, CC, CB, CV, MX, TOD, WC and AUC Zones and is permitted by special exception in the RL, RM, RH, PRD and CMR Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 11-3-2009 by Bill No. 2009-13; 4-13-2010 by Bill No. 2010-02]
A. 
The proposed use shall preserve the natural and historic features of the property.
B. 
The exterior appearance of the building will remain as a single-family residential structure, and no external entrance that faces a road or street will be added.
C. 
There will be a maximum of eight guests at any time.
D. 
Bed-and-breakfast or tourist homes shall only be located in an existing dwelling unit and may include an existing accessory apartment.
E. 
The facility shall have no more than one freestanding sign and not more than 25 square feet in area and five feet in height. The sign shall be permitted along the road frontage for identification purposes only.
F. 
The applicant shall comply with the parking requirements in Article XX.
G. 
The applicant shall comply with regulations set forth in COMAR 10.15.03 pertaining to food service facilities.
(39) 
3.05.300 Hotels, motels, convention centers, conference centers and similar businesses or institutions providing overnight accommodations. Such uses are permitted by special exception in the AC and RC Zones, and are permitted with conditions in the BP Zone, subject to the following:
A. 
The minimum area shall be 100 acres.
B. 
Not more than 5% of the land may be occupied by buildings.
C. 
Not less than 1/2 the area of the tract on which the use is located shall be used to provide recreation facilities for the use of its guests. Such recreation facilities can include such facilities as an eighteen-hole golf course, swimming pool, tennis courts and may include bridle paths and other similar or related facilities, but no outdoor amusement devises other than normal playground equipment.
D. 
All buildings and parking lots shall be set back from all adjoining property lines, including publicly dedicated streets, roads and highways, not less than 200 feet.
E. 
The maximum height of any building shall be 120 feet.
F. 
The land shall have at least 200 feet of frontage on a public highway of at least collector classification designated on the Transportation Plan Map of the Comprehensive Plan, and the major point of vehicular access to and from the lands shall be provided by this collector road.
G. 
Public water and sewer are available and shall be used for the operation of the facilities or, in the alternative, if not available, private water and sewer facilities may be used if approved by the County Health Department.
H. 
Any retail businesses conducted on the premises shall be primarily for the use of the guests of the hotel, and there shall be no entrances directly from the road to such businesses and no signs or other evidence indicating the existence of such businesses visible from the outside of the building.
I. 
Such uses are permitted with conditions in the BP Zone, subject to the following conditions:
[Added 10-23-2001 by Ord. No. 01-87]
(a) 
See 6.02.100(b).
(b) 
The use must include banquet and conference facilities.
(40) 
3.05.400 Country inn. This use is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO, CN AND MX Zones and is permitted with conditions in the CC, CB and CV Zones subject to the following:
[Added 10-31-1995 by Ord. No. 95-96]
A. 
Individual rooms which are rented by paying occupants shall not contain cooking facilities.
B. 
The number of rooming units provided on the site shall be limited to the principal structure and shall be further limited to 12, excluding the resident management quarters. The resident manager's living quarters may be in a separate dwelling in an accessory building on the property.
C. 
Unless owner-occupied, the manager must reside on the premises and have no other occupation or profession.
D. 
Parking shall be provided on-site and screened by natural vegetation from public streets and adjoining properties. The Board of Appeals may require additional screening in its discretion in such form as it deems appropriate considering the proximity of the site to adjoining properties or the public street. The applicant shall comply with the parking requirements in Article XVI.
E. 
Dining facilities are limited to a maximum seating capacity of 48 persons.
F. 
The maximum stay for any guests using the country inn accommodations shall be 14 days, and a guest book shall be maintained by the owner which accurately identifies each guest for each night's lodging.
G. 
A country inn shall not be authorized on any lot of less than five acres. Not more than one country inn shall be permitted on a single lot.
H. 
A country inn may have a sign (on premises); the sign may be double-faced and indirectly illuminated and no larger than 12 square feet.
I. 
Principal uses and accessory uses shall be identified on the site plan submitted with the application.
J. 
Extension or enlargement of a structure housing the principal use shall not be permitted to exceed an increase of more than 50% of the gross floor area of said principal structure which existed at the time of the adoption of these regulations. The exterior design of any conversion, extension, enlargement or new construction shall be architecturally compatible with the original building.
K. 
Adequate vehicular access shall be provided between a country inn and road owned or maintained by the County or state.
L. 
The facility shall demonstrate compliance with applicable requirements for such facilities as provided by the Health Department or other state agencies.
(41) 
3.06.000 Shelters, permanent. This use is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO and CN Zones, subject to the following:
A. 
The shelter is operated by a public or nonprofit organization.
B. 
The maximum stay of an individual or a family shall not exceed one year.
C. 
When the shelter is located in a new structure, not an existing single-family dwelling, then the structure must meet the intensity and dimensional requirement set forth in the Schedule of Zone Regulations.[8]
[8]
Editor's Note: See Art. VI, Base Zone Regulations.
(42) 
3.07.000 Migrant workers' housing. This use is permitted with conditions in the AC and RC Zones, provided that an affidavit of compliance with COMAR 10.16.01, Migratory Labor Camps, as amended, has been submitted to the Zoning Officer.
(43) 
4.01.110 Private elementary and secondary schools, including preschool, kindergarten, associated grounds, athletic and other facilities. This use is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO, CN, CC, BP and CV Zone.
[Amended 7-25-2005 by Bill No. 2005-01; 3-14-2007 by Bill No. 2007-05]
A. 
Generally. A lot, tract or parcel of land may be allowed to be used for a private educational institution upon the following findings:
(1) 
That, except for buildings and additions thereto completed or for which building permits have been obtained prior to the time of adoption of this chapter, such use will be located in buildings architecturally compatible with other buildings in the surrounding neighborhood, and, in the event that such building is to be located on a lot, tract or parcel of land of two acres or less, in either an undeveloped area or an area substantially developed with single-family homes, that the exterior architecture of such building will be of a residential home design that is at least comparable to existing residential homes, if any, in the immediate neighborhood.
(2) 
The applicant must, as part of the application, submit architectural plans that satisfy the above standards, which will be a condition of a granted special exception.
(3) 
That such use will not, in and of itself or in combination with other existing uses, adversely affect or change the present character of future development of the residential community in which it is located.
B. 
That such use can and will be developed in conformity with the following requirements:
(1) 
Area, frontage, setback and building coverage: as shall be reflected in a site plan of development approved by the Board, provided that in no event shall such standards be less than the area and dimensional regulations for the zone in which the private educational institution is proposed to be located.
(2) 
Access and screening: as shall be specified in a site plan of development approved by the Board, provided that such plan meets or exceeds the standards for the zone.
(3) 
Intensity.
(a) 
Intensity is the allowable number of pupils per acre permitted to occupy the premises at any one time, which will be specified by the Board based on the following factors:
[1] 
Traffic patterns, including:
[a] 
Impact of increased traffic on residential streets.
[b] 
Existence of arterial highways; access shall be from a major collector or arterial highway at a minimum.
[2] 
Noise or type of physical activity.
[3] 
Character, percentage and density of existing development and zoning within the surrounding community.
[4] 
Topography of the land.
(b) 
In no event shall a special exception be granted for a density in excess of 87 pupils per acre.
C. 
In the BP Zone, the use is also subject to the following:
(1) 
The use is allowed in support of one or more existing office, manufacturing or institutional uses within the BP Zone.
(44) 
4.01.120 Trade or vocational schools. This use is permitted by special exception in the MX and TOD Zones, based on the requirements contained in 4.01.110 above.
[Amended 10-25-1999 by Ord. No. 99-92]
(45) 
4.01.130 Private colleges, universities and community colleges, including associated facilities such as dormitories, office buildings, athletic fields, etc. This use is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO, CN, CV and PRD Zones, based on the requirements contained in 4.01.110 above.
(46) 
4.01.310 Private libraries, museums, art centers and similar uses, including associated educational and instructional activities, located within a building designed and previously occupied as a residence or institutional use. This use is permitted by special exception in the AC, RC, RR, RV, RL, RM and RH Zones, subject to the following:
A. 
This use is allowed upon a finding by the Board of Appeals that the proposed use will not adversely affect neighboring, vicinal or adjoining properties.
B. 
That the proposed use is operated by a nonprofit organization not organized or operated for the purpose of carrying on a trade or business, no part of the net earnings of which inures to the benefit of any member of such organization or individual.
C. 
This may consist of one or more buildings or structures which the Board shall find will be devoted entirely to the furtherance of the arts or culture, including but not limited to a theater, museum, classrooms or any combination thereof, and may provide for a restaurant or snack bar designed solely for service of food or refreshments to people using the facilities of the proposed center.
D. 
The lot, parcel or tract of land upon which the proposed center is to be located shall have a minimum area of one acre.
E. 
The requirements for institutional uses as to setbacks, area and lot coverage, landscaping, site plan approval and other requirements shall be met.
(47) 
4.01.320 Private libraries, museums, art centers and similar uses, including associated educational and instructional activities, located within any other structure. This use is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO and CN Zones, subject to the requirements in 4.01.310. This use is permitted with conditions in the BP Zone, provided that the use is oriented and accessed through an internal vehicle circulation system so that it is incorporated as part of the business park.
(48) 
4.01.400 Social, fraternal clubs and lodges, union halls, meeting halls and similar uses. Such uses are permitted by special exception in the AC, RC, RV and CN Zones, provided that:
A. 
Any structure shall be located at a distance of not less than 100 feet from any lot line, except that not less than 50 feet at commercial or industrial zone lot lines shall be allowed. The front setback shall be at least 100 feet, except when bordering highways of eighty-foot rights-of-way or more, where the setback shall be 50 feet.
B. 
The provision of food, refreshments and entertainment for club or organization members and their guests may be allowed in connection with such use.
C. 
All outdoor lighting shall be located, shielded, landscaped or otherwise buffered so that no direct light shall intrude into any adjacent residential area.
(49) 
4.02.110 Indoor recreation activities conducted entirely within a building or substantial structure.
A. 
This use is permitted with conditions in the IG Zone if the structure or building is not less than 20,000 square feet in size.
B. 
This use is permitted by special exception in the CN Zone if the structure or building is not greater than 15,000 square feet in size.
C. 
This use is permitted with conditions in the CRR Zone if the structure or building is not greater than 15,000 square feet in size.
[Added 7-25-2005 by Bill No. 2005-01]
(50) 
4.02.123 Coliseums and stadiums with seating capacity of more than 1,000. This use is permitted by special exception in the CC and BP Zones, subject to the following:
A. 
The minimum area shall be 50 acres.
B. 
The principal vehicular access for the use is located on an arterial street or collector street and not on a local street.
C. 
The use does not draw vehicular traffic to or through local streets in adjacent residential areas.
D. 
The use is located at least 200 feet from any residential zone.
E. 
Adequate space for stacking of vehicles is located at the vehicular entrance, and sufficient vehicular entrances and exits are provided to prevent traffic congestion.
F. 
Separate vehicular entrances and exits are provided at least 100 feet apart and at least 50 feet from any street intersection.
G. 
Automobile parking spaces are not located within a required setback area and are at least 50 feet from any lot line.
(51) 
4.02.130 Indoor rifle and pistol ranges. This use is permitted by special exception in the CN, CC, CB, CV, BP, PEP, MX and TOD Zones, subject to the following standards:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
Such range is constructed in such a manner as to eliminate all danger to people and property from flying projectiles.
B. 
Soundproofing shall be required to eliminate noise impact on neighboring properties.
(52) 
4.02.140 Off-track betting facilities, including the addition of said facilities to an existing permitted use. This use is permitted by special exception in the CC, CB, BP, IG, PEP, MX, TOD and CRR Zones subject to the following:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 11-21-1994 by Ord. No. 94-100; 5-5-1997 by Ord. No. 97-44; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01]
A. 
The use must be conducted in association with a restaurant, bar, nightclub or dinner theater permitted under 6.02.100.
B. 
In the BP Zone, the use must be oriented and accessed through an internal vehicle circulation system so that it is incorporated as part of the business park, and it must be accessory to a restaurant, bar, nightclub or dinner theater (see Use 6.02.100).
C. 
In order to avoid the concentration of gaming activities in one location, the use shall not be located on the same premises with other gaming activities of any kind, except the sale of lottery tickets or other gaming activities administered by the Maryland State Lottery and permitted under the provisions of this Zoning Ordinance.
D. 
No gaming activities described above shall be permitted in any existing or future off-track betting facility.
E. 
The site must have direct access to a major collector or arterial road.
(53) 
4.02.200 Churches, synagogues and temples (including associated cemeteries and associated buildings with religious classes not including elementary or secondary school buildings). Churches, synagogues and temples that exist within a BP Zone when it is established shall be allowed to continue as a special exception under the following conditions:
[Added 3-14-2007 by Bill No. 2007-05]
A. 
No new churches, synagogues and temples may be created within a BP Zone after the BP Zone has been established.
B. 
An existing church, synagogue or temple within a BP Zone may be expanded by special exception, provided that the expansion will not result in an increase in the land area owned by the church, synagogue or temple within the BP Zone.
C. 
When an existing church, synagogue or temple within a BP Zone has discontinued use for 365 or more consecutive days, said use shall expire and not be reestablished.
(54) 
4.02.210 Privately owned outdoor recreation facilities such as golf and country clubs, swimming or tennis clubs, not constructed pursuant to a permit authorizing the construction of a residential development. This use is permitted by a special exception in the AC, RC, RR, RV, RL, RM and RH Zones, subject to the following standards:
A. 
The proposed use will not adversely affect surrounding residential uses because of noise, traffic, number of people or type of physical activity.
B. 
The provision of food, refreshments and entertainment for club or organization members and their guests may be allowed in connection with such use, provided that the access to such services is provided through local residential streets.
C. 
All outdoor lighting shall be located, shielded, landscaped or otherwise buffered so that no direct light shines into any residential area.
D. 
A minimum one-hundred-foot setback for all buildings and parking areas shall be provided adjacent to residential zones or uses.
E. 
Vehicular access shall be provided from an arterial or collector road.
F. 
At minimum, Buffer Yard D shall be provided adjacent to the clubhouse/office and parking areas when said facilities are located adjacent to residential lots or uses.
G. 
At minimum, Buffer Yard C shall be provided adjoining residential lots or uses not part of the golf course development.
(55) 
4.02.230 Recreation vehicle parks. This use is permitted with conditions in the CC and CV Zones and is permitted by special exception in the AC and RC Zones, subject to the following:
A. 
The minimum area shall be 10 acres.
B. 
Roads. Interior roads shall, at a minimum, be constructed of six inches of bank-run gravel and be 20 feet wide, except that one-way roads may have a minimum width of 10 feet. Recreation vehicle park developments shall be provided with safe and convenient vehicular access from abutting public streets or roads. Connections of recreation vehicle park roads with public streets or roads shall conform to the County Road Ordinance[9] or State Highway Administration Regulations.
[9]
Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.
C. 
Water and sewer. Each park shall have an available water supply and sewage disposal facilities as may be required by the appropriate state and County agencies.
D. 
Service buildings. Each park shall provide conveniently located service building(s) which must contain the following minimum equipment for each 20 campsites within the park: one flush-type toilet, one lavatory and one shower with hot and cold running water for males and one of each for females. Such equipment shall be in accordance with County and state codes. All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather.
E. 
Recreation area. A minimum of 50% of the total camp area shall be reserved for open space and developed recreational area, which does not include any land required for individual campsites, roads or service areas.
F. 
Fire protection. Each park shall provide such fire-protection equipment required by the County or State Fire Marshal. During installation of electrical service facilities for the camp, a representative of the duly designated County agency shall inspect the installed electrical systems, and a certificate shall be issued so stating, which shall be displayed in the electrical service equipment area. A copy of the certification shall be provided to the Zoning Officer. Recreation vehicle camper parks shall be kept free of litter, rubbish and other flammable materials. Portable fire extinguishers rated for Class A, B and C shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.
G. 
Setbacks. All camper, trailer sites or pads shall be set back a minimum of 100 feet from adjacent property lines and state or County roads. All camper sites shall be set back a minimum of 20 feet from all interior roads and from each other.
H. 
Landscaping and screening. All parks shall be effectively screened from adjacent residential areas by a type "C" buffer yard as set forth in Articles XXII and XXIII.
I. 
Site plan. A site plan shall be submitted to and approved by the Board of Appeals for all recreation vehicle camper parks. The site plan shall contain all of the information necessary to show that the standards have been met.
J. 
Time restrictions. No mobile recreation vehicle or camping trailer shall be used as a permanent residence. The owner of the park shall keep a log with information on the arrival and departure dates of all vehicles using the park to assure that no vehicle uses the park for more than three consecutive months.
(56) 
4.02.240 Campgrounds and camps. This use is permitted by special exception in the AC and RC Zones, provided that the following standards are met:
A. 
The minimum area shall be 10 acres.
B. 
Dimensional standards shall have a frontage of not less than 150 feet abutting a public highway, street, road or other public right-of-way, except when the Board waives the requirement for minimum frontage if it finds that the facilities for ingress and egress of vehicular traffic are adequate to meet the requirements of Article XVI, Adequate Public Facilities Requirements.
C. 
No campsite shall be located within 50 feet of any boundary or property line of such lot, parcel or tract of land or within a distance of 125 feet from the center line of any public highway, street, road or other public right-of-way.
D. 
The density of campsites in a campground shall not exceed an average of 15 campsites per acre of the developed portion of the campground, inclusive of service roads, toilet facilities and service buildings. Each campsite, excluding parking space, shall be a minimum of 900 square feet in area. Parking space for one automobile per campsite that will not interfere with the convenient and safe movement of traffic shall be provided or equivalent parking shall be provided in a central area.
(57) 
4.02.250 Automobile and motorcycle racing tracks. This use is permitted by special exception in the AC, RC, IG and IH Zones, subject to the following standards:
A. 
The minimum area shall be 75 acres.
B. 
No structure or enclosed racing area shall be located within 500 feet of any residential lot line.
C. 
Buffer Yard E will be required by the Board of Appeals to adequately separate this use from adjacent uses or properties in order to eliminate or minimize negative impacts from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas and to provide spacing to reduce adverse impacts of noise, odor, accidents or danger from fires or explosions.
D. 
A maximum constant sound level of 60 dB(A) and a maximum peak sound level of 75 dB(A) shall not be exceeded at adjacent residential property lines.
E. 
The Board will establish the hours of operation.
F. 
Access shall be from an arterial or collector road.
(58) 
4.02.260 Drive-in movie theaters, open-air theaters and amphitheaters. This use is permitted by special exception in the AC, RC and CV Zones, subject to the following:
A. 
The following requirements shall apply to all uses in this category:
(1) 
The minimum area shall be 10 acres.
(2) 
Vehicular access shall be only from an arterial or collector road.
(3) 
A minimum one-hundred-foot buffer shall be provided adjacent to a residential zone or use.
(4) 
A minimum fifty-foot buffer shall be provided adjacent to a nonresidential zone or use.
(5) 
A maximum continuous sound level of 60 dB(A) and a maximum peak sound level of 75 dB(A) shall be observed adjacent to residential uses.
(6) 
Security fencing shall be provided adjacent to residential zones or uses.
(7) 
The Board shall limit the hours of operation of the facility to between 8:00 a.m. to 1:00 p.m. when adjacent to any residential zone or use.
(8) 
A site plan showing setbacks, location of stage or screen, seats, parking spaces, access points and fencing, height of screen and landscaping shall be provided.
B. 
In addition to the requirements listed in Subsection A, amphitheaters are permitted, provided that the following are met:
(1) 
The stage shall be located a minimum of 600 feet from adjacent residential zones or uses.
(2) 
A minimum of one parking space for every four fixed seats or for each 35 square feet of floor area used for the accommodation of movable seats, whichever is greater, plus one space for every 100 square feet of ground area used for assembly, shall be required.
C. 
In addition to the requirements listed in Subsection A, drive-in movie theaters are permitted, provided that the following standards are met:
(1) 
Theater screens will not face a major highway, will be screened in accordance with this subsection and are not to be visible from outside the boundaries of the tract.
(2) 
A wall or fence shall screen the patrons and cars in attendance from the view of surrounding properties, and the perimeter of the wall or fence shall be landscaped.
(59) 
4.02.270 Amusement and theme parks. This use is permitted by special exception in the AC, RC, RR and MX Zones, subject to the following standards:
A. 
The minimum area shall be 75 acres.
B. 
The principal access shall be provided from an arterial or collector road.
C. 
Separate vehicular entrances and exits shall be provided at least 400 feet away from any road intersection.
D. 
No buildings or structures, including rides or other apparatus, shall be located less than 50 feet from any parcel boundary or less than 200 feet from any adjacent residential lot.
E. 
No automobile parking space shall be located within any required setback area, nor within 50 feet of any adjacent residential lot.
F. 
A site plan showing screening, setbacks, layout of rides, etc., shall be required.
(60) 
4.02.280 Golf driving ranges not accessory to golf courses, par three golf courses, miniature golf courses, skateboard parks, water slides, batting cages and similar uses. These uses are permitted by special exception in the AC, RC and RR Zones, subject to the following standards:
A. 
The minimum area shall be one acre.
B. 
Site plan with adequate screening and buffering shall be provided from any adjacent residential property. Such screening shall address noise, light and safety considerations.
C. 
The Board of Appeals will establish hours of operation.
(61) 
4.02.290 Outdoor rifle and pistol ranges, war games, archery ranges or other recreational activities using weapons. These uses are permitted by special exception in the AC, RC, CN, CC, CV, BP, PRD and PEP Zones, subject to the following standards:
A. 
Adjacent areas shall be predominantly undeveloped or occupied by low-intensity land uses such as agriculture, etc.
B. 
Facilities shall be constructed in such a manner as to eliminate all danger to people and property from flying projectiles.
C. 
War games will be permitted for a period of one year only, subject to renewal.
(62) 
4.03.100 Hospitals and other inpatient medical, including mental health treatment, facilities in excess of 10,000 square feet of floor area. This use is permitted with conditions in the CN, CC, CB, CV, BP, PEP, MX, TOD and CER Zones and is permitted by special exception in the AC and RC Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01]
A. 
Hospitals and other inpatient medical facilities, excluding mental health facilities.
(1) 
A lot or parcel or tract of land to be used for a hospital or sanitarium building may be allowed, upon a finding by the Board that such a use will not cause negative impacts on adjacent uses because of noise, traffic or number of people being cared for; and that such use will not affect adversely the present character or future development of the surrounding residential community.
(2) 
Minimum requirements.
(a) 
Total area shall be five acres.
(b) 
Frontage shall be 200 feet.
(c) 
Setback. No portion of a building or parking area shall be nearer to the lot line than a distance equal to the height of that portion of the building, where the adjoining or the nearest adjacent land is zoned residential, and in all other cases not less than 50 feet from a lot line.
(d) 
Access shall be from an arterial or collector road.
(e) 
Building height limit shall be 145 feet.
(f) 
An approved certificate of need shall be filed with the application for a special exception.
(3) 
A traffic and road condition study shall be submitted with a completed application form that analyzes the adequacy of the road network serving the site and the impact of traffic to be generated by the use.
(4) 
Helistops, 4.05.320, are permitted as an accessory use.
B. 
Mental health treatment facilities.
(1) 
The minimum area shall be three acres.
(2) 
A traffic and road condition study to determine the adequacy of the road network serving the site for traffic to be generated by the use shall be submitted.
(3) 
Any structure is located at least 100 feet from any adjacent residential lot.
(63) 
4.03.200 Nursing care, intermediate care, handicapped, infirm and child care institutions. A nursing home is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH and RO Zones, subject to the following standards:
A. 
That such use will not cause negative impacts to the adjacent neighborhoods because of traffic, noise or number of patients or people being cared for.
B. 
That such use will be housed in buildings architecturally compatible with other buildings in the surrounding neighborhood.
C. 
That such use will not adversely affect the present character or future development of the surrounding residential community; and that such use can and will be developed in conformity with the following minimum area, density, coverage, frontage, setback, access and screening requirements, where specified.
D. 
All such facilities and all additions to existing facilities where 10 or more people are cared for shall comply with the following:
(1) 
The minimum area shall be 20,000 square feet.
(2) 
Minimum setbacks.
(a) 
Front yards: as specified for the applicable zone.
(b) 
Side yards.
[1] 
The following minimums are in addition to those otherwise required in the various zones:
[a] 
One and one-half feet for each bed in the AC, RC, RL and RR Zones.
[b] 
One foot for each bed in the RM and RV Zones.
[c] 
One-half foot for each bed in the RH and RO Zones.
[2] 
In no case shall any minimum side yard be required to be greater than 50 feet more than would otherwise be required in the applicable zone.
(c) 
Rear yards. One-half of the total of both side yards as required in Subsection D(2)(b) above, but not less than the minimum required in the applicable zone.
(3) 
Minimum screening, as determined by the Board, with special emphasis given to off-street parking and loading areas in accordance with Articles XX through XXIII.
(4) 
The Board shall increase the number of off-street parking spaces required for nursing or care homes under Article XX where the operation or method of operation or type of care to be provided indicates the need for such an increase.
(64) 
4.05.110 Local post offices.
[Amended 12-7-1993 by Ord. No. 94-4]
A. 
This use is permitted by special exception in the AC, RC and RV Zones, subject to the following standards:
(1) 
Any structure shall be compatible with the surrounding neighborhood.
(2) 
A traffic and road condition study shall be filed by the applicant with the completed application which analyses the adequacy of the road network serving the site and the impact of new traffic trips generated by the requested use.
(3) 
Evidence shall accompany the application for the special exception that indicates the United States Postal Service intends to operate a post office on the property.
B. 
In addition to the above, in the RV Zone, the following standards apply:
(1) 
Parking shall be in the rear or side yard.
(2) 
Buffer yards will be required by the Board of Appeals to adequately separate this use from adjacent uses or properties in order to eliminate or minimize negative impacts from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce impact of noise, odor or danger from fire or explosion.
(65) 
4.05.210 Private airports. This use is permitted by special exception in the AC, RC and RR Zones, provided that the following standards are met:
A. 
A satisfactory airspace analysis by the Federal Aviation Administration (FAA) for operation under visual flight rules is submitted with the application.
B. 
A site plan that indicates locations of runways, structures and their relationship to uses in the surrounding neighborhood is submitted.
C. 
A one-thousand-foot clear zone for fixed-wing aircraft extending from the end of all runways is secured through ownership or easement; in no case shall the end of a runway be closer than 200 feet from any property line.
D. 
That, for both fixed- and rotary-wing aircraft, neither the landing area nor any parking areas, buildings, structures or navigational aid shall be located within 400 feet of any property line adjacent to a residential zone or use.
E. 
Landing areas for rotary-wing aircraft shall be designed to comply with the Airport Design Guide of the FAA.
F. 
The Board will limit hours of operation to between 7:00 a.m. and 10:00 p.m.
(66) 
4.05.220 General aviation airport. This use is permitted with conditions in the IG Zone subject to the following:
[Added 11-7-1995 by Ord. No. 95-97]
A. 
Minimum area: 200 acres.
B. 
The site is located on property which is on or adjacent to an existing general aviation airport that currently services 20 or more aircraft.
C. 
An aircraft landing area must meet the standards established by the Maryland Aviation Administration and, at a minimum, the standards set forth in the Federal Aviation Advisory Circular AC 150/√15300, Airport Design, as may be amended.
D. 
A site plan shall be submitted for approval by the Zoning Officer. In addition to the requirements set forth in Appendix A, the plan must show the following:
(1) 
Setback areas, including screening and fencing.
(2) 
Portion of tract being used.
(3) 
Existing and proposed structures and major mechanical equipment.
(4) 
Existing and proposed access roads.
(5) 
Any noise control measures provided.
(6) 
Points of access to the site which may be potentially hazardous and provisions to control unauthorized entry to the site shall be addressed.
(7) 
Environmental features, including steep slopes, hydric and erodible soils, wetlands, one-hundred-year floodplain, and forested areas.
(8) 
Historic and archeological resources, including sites not previously identified, shall be identified and described as to how these resources will be preserved.
(9) 
All operations on site, including outdoor storage of machinery and equipment, may be required to be buffered from any adjoining land or public street. The applicant shall submit plans showing the location and type of any proposed buffering material.
E. 
All operations shall be conducted in a safe manner with respect to hazard to persons, physical or environmental damage to lands and improvements.
F. 
The decibel reading does not exceed 70 dB(A) at the property line. The method of measurement shall be governed by § 297-32, Noise, of the Zoning Ordinance.
G. 
Appropriate airport accessory uses such as restaurants, snack bars, automobile rental agencies, airline business offices and service facilities, but not manufacturing uses, may be permitted within the terminal building.
H. 
The Zoning Officer shall refer the application for site plan approval to the Federal Aviation Agency or the appropriate regional planning bodies to determine:
(1) 
If the airport is an integral part of, or will interfere with, the general plan of airports for the Maryland Washington Regional District; and
(2) 
If the takeoff and landing pattern of a new, reoriented or lengthened runway will interfere with the flight pattern of a nearby airport.
I. 
Public hearing; process.
(1) 
The County Commissioners shall conduct a public hearing prior to the approval of a site plan or the issuance of a zoning permit which:
(a) 
Establishes a new general aviation airport; or
(b) 
Will result in:
[1] 
The lengthening of an airport runway; or
[2] 
The expansion or intensification of an existing general aviation airport use that would allow a larger category of aircraft to use the airport.
(2) 
The hearing process and procedures must follow the standards and requirements set forth in § 297-448K through U for local map amendments. The County Commissioners shall make findings as to the compatibility with the surrounding area and any detrimental impacts on the surrounding area. The site plan and zoning permit approval will be based on the findings of the County Commissioners.
(67) 
4.05.310 Heliports. Heliports are permitted with conditions in the IG and IH Zones and are permitted by special exception in the AC, RC, RR, BP, PEP, MX and TOD Zones, provided that the following are met:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
The facility meets the standards of the Federal Aviation Administration.
B. 
A site plan showing compliance with all of the following standards is submitted.
C. 
The land areas to be used by helicopters are provided with a dustproof surface.
D. 
Parking of vehicles is not permitted within the setback requirements for the zone in which the facility is located.
E. 
The day-night noise level (Ldn) at the property line, as determined in accordance with State Department of Transportation Regulation COMAR 11.03.03.01, does not exceed:
(1) 
Seventy-five Ldn in an industrial, commercial or planned development zone.
(2) 
Sixty-five Ldn in:
(a) 
Any zone or development not specified in Subsection E(1) above.
(b) 
Any zone or development specified in Subsection E(1) above if it abuts a residential property line.
F. 
For a heliport, the following additional requirements apply:
(1) 
The housing and repair of helicopters and all structures or facilities used to house and repair helicopters shall be located at least:
(a) 
Fifty feet from any property line; and
(b) 
Two hundred feet from any dwelling or public or private institution.
(2) 
Each heliport facility is surrounded by a well-constructed, toddler-proof fence or by dense planting at least six feet in height, with a suitable gate effectively controlling access to the area.
(68) 
4.05.320 Helistops. This use is permitted with conditions in the IG, IH, PEP, MX, TOD and AUC Zones and is permitted by special exception in the AC, RC, RR, RV, CN, CC, CB, CV and BP Zones, provided that the following are met:
[Amended 10-25-1999 by Ord. No. 99-92; 4-13-2010 by Bill No. 2010-02]
A. 
The requirements of 4.05.310, Subsections A through D.
B. 
For a helistop that is a structural part of a building, the following additional requirements apply:
(1) 
Landing areas and supports for landing areas are constructed of fire-retardant material.
(2) 
A guardrail that does not penetrate the approach departure surface is provided around the facility in accordance with the County Building Code.[10]
[10]
Editor's Note: See Ch. 224, Building Construction.
(3) 
A safety net or fence that begins below the surface of the pad, does not rise above it and is at least five feet in width around the pad is provided around each raised landing pad.
(69) 
4.06.200 Electric power, gas transmission and telecommunications buildings and structures not associated with a tower. This use is permitted by special exception in the AC, RC, RR, RL, RM, RH, RO, CC, BP, PEP, MX, TOD, CER, WC and AUC Zones, subject to the following standards:
[Amended 9-7-1999 by Ord. No. 99-85; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
Utility buildings or structures may be allowed, subject to the following:
(1) 
The proposed building or structure at the location is necessary for public convenience and service.
(2) 
The proposed building or structure at the location will not endanger the health and safety of workers and residents in the community and will not substantially impair or be detrimental to neighboring properties.
B. 
Public utility buildings in any permitted residential zone shall, whenever practicable, have the exterior appearance of residential buildings and shall have suitable landscaping and screen planting and fencing.
C. 
The Board shall prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including soundproofing; for the construction of fences, barriers or other safety devices; for surfacing of all access roads and driveways; shielding of floodlights or other artificial illumination; and landscaping or screening.
(70) 
4.06.300 Tower more than 50 feet tall. A tower and associated substations such as radio, television, microwave broadcasting, etc. are permitted by special exception in all zones subject to the following standards:
[Amended 9-7-1999 by Ord. No. 99-85]
A. 
All structures shall be located at least 200 feet from an existing dwelling or residential zone.
B. 
A minimum ten-foot landscape strip will be around all property lines exterior to any fence or wall.
C. 
Any proposed tower will have a setback of one foot from all property lines for every foot of height of the tower. Any broadcasting tower lawfully existing prior to the effective date of this chapter shall be exempt from the setback limitations imposed by this subsection and may be continued, structurally altered, reconstructed or enlarged, provided that no structural change, repair, addition, alteration or reconstruction shall result in increasing the height of such tower above the then-existing structurally designed height.
D. 
The application submitted by the applicant to the Board of Appeals shall include the following:
(1) 
A system design plan that shall include, at a minimum, radio frequency parameters, tower height, number and location of antennas on the tower, radio frequency output, effective radiated power and azimuth antenna type.
(2) 
Coverage map of the area to be served by the proposed tower.
(3) 
Coverage map showing coverage available under existing towers, towers proposed to be constructed for the County's public communication system and other appropriate structures.
(4) 
An evaluation of the tower's relationship to other antenna sites, existing buildings taller than 50 feet and communications towers and water tanks within 1/2 mile of a proposed tower which is less than 150 feet tall and within one mile of a proposed tower which is greater than 150 feet tall.
E. 
Co-location.
(1) 
The applicant for a new communications tower shall demonstrate to the Board of Appeals that co-location on existing towers or other appropriate structures is not feasible. Feasibility shall be demonstrated by an analysis and explanation prepared by the applicant which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed communication service and a structural analysis indicating that no existing or proposed tower can be structurally modified to accommodate the applicant's use.
(2) 
The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size and adverse environmental and public safety impacts of facilities necessary to provide the needed services to the County. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Physical constraints and economic feasibility may be considered. Approval of the project is subject to the Board making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.
(3) 
Co-location is not deemed possible if the Board finds that:
(a) 
Planned equipment would exceed the structural capacity of existing and approved towers or towers proposed to be constructed for the County's public communications system considering existing and planned use of those towers, and such towers cannot be structurally modified or reinforced to accommodate planned or equivalent equipment at a reasonable cost;
(b) 
Planned equipment will cause interference with other existing or planned equipment for the tower, and the interference cannot be prevented at a reasonable cost;
(c) 
Existing approved towers, or towers proposed to be constructed for the County's public communications system do not have space on which planned equipment can be placed so as to function effectively; or
(d) 
Existing approved towers, or towers proposed to be constructed for the County's public communications system will not provide effective signal coverage sought by the applicant.
F. 
The tower shall be constructed so as to provide adequate capacity for future co-location of other commercial and/or government-operated antennas, unless the applicant demonstrates why such design is not economically or physically feasible. The system design plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users.
G. 
The applicant shall submit a master plan for its proposed communications network for the entire County. The Department of Planning and Growth Management shall adopt a policy outlining the submittal requirements for such a master plan.
H. 
The applicant shall demonstrate that the proposed tower will not interfere with existing lines of communication used for public safety purposes.
I. 
No signals, lights or illumination shall be permitted on the tower unless required by the Federal Communications Commission, the Federal Aviation Administration or the County.
J. 
No commercial advertising or other signage shall be permitted on the tower.
K. 
The applicant shall demonstrate that a tower 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, a structure on the historic sites survey or an historic district.
L. 
All obsolete or unused facilities shall be removed within 12 months of cessation of operations without cost to the County.
M. 
No tower or fixture attached thereto shall be taller than 300 feet above existing grade.
(71) 
4.06.500 Wireless communication antennas. This use is permitted with conditions in all zones, subject to the following conditions:
[Added 9-7-1999 by Ord. No. 99-85]
A. 
The applicant must demonstrate to the Zoning Officer that the proposed antennas will not interfere with existing lines of communication used for public safety purposes. Such demonstration shall include a recommendation from the Department of Emergency Services upon review of the system design plan.
B. 
The application submitted by the applicant to the Zoning Officer shall include the following:
(1) 
A system design plan that shall include, at a minimum, radio frequency parameters, antenna height, number and location of antennas at the site, radio frequency output, effective radiated power and azimuth antenna type.
(2) 
Coverage map of the area to be served by the proposed antenna.
(3) 
Coverage map showing coverage available under existing towers and other appropriate structures.
(4) 
An evaluation of the antenna's relationship to other antenna sites, existing buildings taller than 50 feet and communications towers and water tanks within 1/2 mile of a proposed tower which is less than 150 feet tall and within one mile of a proposed tower which is greater than 150 feet tall.
C. 
The applicant shall demonstrate to the Zoning Officer that the location of the antenna as proposed is necessary to meet the frequency reuse and spacing needs of the wireless telecommunication facilities and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas at an alternative site by providing a coverage/interference analysis and capacity analyses.
D. 
No signals, lights or illumination shall be permitted on the antenna unless required by the Federal Communications Commission, the Federal Aviation Administration or the County.
E. 
No commercial advertising or other signage shall be permitted on the antenna.
F. 
The applicant shall demonstrate that the antenna 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, a structure on the historic sites survey or an historic district.
G. 
All obsolete or unused facilities shall be removed within 12 months of cessation of operations without cost to the County.
(72) 
4.07.100 Earth stations. This use is permitted with conditions in the IG, IH and PEP Zones and is permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, RO, CN, CC, CB, CV, BP, PRD, MX, PMH, TOD, CER, CMR and CRR Zones, provided that:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01]
A. 
This use and/or all associated facilities shall be located in the rear yard.
B. 
This use and/or all associated facilities are sufficiently screened to avoid visual impacts from public rights-of-way or adjoining properties.
(73) 
4.07.200 Satellite dishes. This use is permitted with conditions in the AC, RC, RR, RV, RL, RM, RH, RO, CV, PRD, MX, PMH, TOD, CER, CMR, CRR, WC and AUC Zones, provided that the following are met:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
The conditions set forth in Subsections B through F below do not apply to residential lots greater than three acres in the RR, RC and AC Zones.
B. 
On any lot, only one satellite dish antenna may be permitted, provided that it is located in a rear or side yard at least two feet from any rear or side lot line.
C. 
The location of a satellite dish antenna shall be dependent on the reception of usable satellite signal. Where usable signals can be obtained, the antenna shall be ground-mounted and located in the rear yard. If usable signals cannot be obtained from such rear yard location, the antenna shall be ground-mounted and located in either side yard. If usable signals cannot be obtained from such side yard location, the antenna may be mounted on a pole or any other structure. In no event shall a satellite dish antenna be located in the front yard. On through lots and on corner lots where the designated front of the main building faces a side street, the rear, side and front yards, as used herein, shall mean the yards at the rear, side and front of the building.
D. 
Usable satellite signals shall be those signals from the major communication satellites which, when viewed on a conventional television set, are at least equal in picture quality to that received from local commercial television stations or by way of cable television.
E. 
Screening shall be provided along the rear and sides of any ground-mounted satellite dish antenna, when such antenna is visible from the street or surrounding property as viewed from ground level.
F. 
Satellite dish antennas may be located within any required open space area or in any required landscaped area, except along a street.
(74) 
4.08.110 Family burial sites. This use is permitted with conditions in the AC, RC, RR, RV, RL, RM, RO, CN, CC, CB, CV, BP, PRD, PEP and MX Zones, provided that:
A. 
The minimum area shall be two acres.
B. 
A family burial site is limited to members of the family of the owner of the property.
C. 
In the event that the property is in an area not served by public water and sewer, water table tests shall be conducted to assure that there is adequate filtration of drainage between burial depth and the level of high water table.
D. 
Such use is only as an accessory use on a residentially developed property.
E. 
The site shall be set back at least 100 feet from any adjoining residential property and at least 50 feet from an existing street or from a proposed street.
F. 
The use of any property for a private cemetery or family burial site must be recorded in the County land records.
(75) 
4.08.120 Cemeteries. Cemeteries are permitted by special exception in the AC, RC, RR, RV, RL, RM, RH and PRD Zones, subject to the following:
A. 
A buffer of 25 feet shall be required between any burial plots and all lot lines.
B. 
The proposed location must be compatible with adjacent land uses, existing or proposed highways and any other elements or factors deemed to affect the public health, safety and welfare of the inhabitants of such zone.
(76) 
4.08.200 Crematoriums. Crematoriums are permitted with conditions in the RO, CN, CC, CV, BP, PEP and MX Zones and are permitted by special exception in the AC, RC, RR, RV, RL, RM, RH, PRD and CER Zones, subject to the following:
[Amended 7-25-2005 by Bill No. 2005-01]
A. 
Buffer yards shall be required by the Board of Appeals to adequately separate this use from adjacent uses or properties in order to eliminate or minimize negative impacts from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce impacts of noise, odor or danger from fires or explosions.
B. 
This use is only permitted when in conjunction with a funeral home or cemetery.
C. 
Any crematorium shall be located at least 200 feet from any residential lot line.
(77) 
5.01.112 Personal services. This use is permitted with conditions in the CER Zone, provided that this use is limited to a maximum of 20% of the floor area of a development.
[Added 4-13-2010 by Bill No. 2010-05]
(78) 
5.02.200 Retail concrete mixing. As further limited by Subsection D below, this use is permitted with conditions in the CN and CC Zones, subject to the following requirements:
A. 
A maximum of 20 cubic yards of concrete per hour may be produced. Operations capable of producing larger amounts of concrete or where concrete is removed in containers holding more than one cubic yard of concrete are not permitted under this use classification.
B. 
A site plan must be submitted with the application that indicates how material, equipment, machinery and product storage will be handled and indicating how such facilities will be adequately screened from adjacent properties and public rights-of-way.
C. 
A noise analysis of the type of operation proposed must be submitted with evidence that the impacts will be addressed according to the standards in Article II.
D. 
This use shall only be permitted as an accessory to a general merchandise use, 6.01.130.
(79) 
5.02.300 Funeral homes. This use is permitted with conditions in the RO, CN, CC, CB, CV, BP, PEP, MX, TOD, CER, WC and AUC Zones and is permitted by special exception in the AC, RC, RR and RV Zones, subject to the following:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
The use will not adversely affect vicinal or neighboring properties and will not cause a negative impact on adjacent neighborhoods because of noise, traffic or type of physical activity. In any residential zone, the premises shall, and, in any commercial zone, may, maintain, either as a separate building or a portion of the main building, one dwelling unit, which may only be occupied by the owner or an employee of the establishment.
B. 
Ingress and egress shall be located so as to minimize traffic conflict on the receiving street during a funeral procession. The design should not permit or encourage the stacking of cars on a public road or street.
C. 
Minimum lot size in the AC, RC and RR Zones shall be 35 acres and shall be part of a cemetery.
D. 
When a special exception is required, the funeral home shall be architecturally compatible with the neighborhood.
(80) 
5.02.400 Veterinarians and veterinary hospitals. This use is permitted with conditions in the CN, CC, CV, BP, PEP, MX, TOD, CER, WC and AUC Zones and is permitted by special exception in the RR, RC(D), RV and RL Zones, subject to the following standards:
[Amended 12-11-2000 by Ord. No. 00-93; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02]
A. 
The minimum area of the lot shall be 1/2 acre.
B. 
It must be housed in a fully enclosed, soundproof building.
C. 
Except in the WC and AUC Zones, it shall be located a minimum of 75 feet from any road or street and no less than 125 feet from the nearest dwelling.
D. 
It must conform to standards of the County Animal Regulations[11] and applicable state and local laws.
[11]
Editor's Note: See Ch. 230, Dogs and Other Animals, Art. I.
(81) 
5.02.500 Nursery schools and day-care centers with more than 30 children. This use is permitted by special exception in the AC, RC, RR, RV, RL, PM, RH, IG, PRD, PMH and CMR Zones, subject to the following standards:
[Amended 7-25-2005 by Bill No. 2005-01]
A. 
The facility shall be in accordance with all applicable County, state and federal rules and regulations.
B. 
An applicant must submit an affidavit of compliance, on the form provided by the Zoning Officer, to the effect that all of the requirements of the state's licensing procedure will be satisfied.
C. 
Building and play area facilities shall be at least 100 feet from any residential zone or use.
D. 
The proposed site will have road access adequate for the traffic expected to be generated by the proposed development.
E. 
Any such use shall not have a detrimental impact on the surrounding properties.
F. 
The hours of operation may be established by the Board of Appeals.
G. 
New facilities constructed for this purpose shall be architecturally compatible with the surrounding neighborhood.
H. 
Adequate areas shall be provided for classrooms and play areas.
(82) 
6.01.113 Antique shops and art galleries with building floor space less than 15,000 square feet per parcel. This use is permitted by special exception in the AC, RC and RV Zones, subject to the following:
A. 
That the use is in an existing building or part of an existing building.
B. 
That the original character of the building be maintained.
C. 
That signs shall be limited to identification signs.
(83) 
6.01.121 Shoppers' merchandise store, as defined, with building floor space greater than 15,000 square feet per parcel. This use is permitted by special exception in the CV Zone, subject to the following standards:
A. 
The use will not cause negative impacts on adjacent uses because of noise, fumes, odors, traffic or physical activity.
B. 
It is effectively screened by a natural terrain feature, solid wall or a substantial solid fence not less than five feet in height or other effective screening measure, including exterior landscaping, as deemed appropriate by the Board of Appeals.
C. 
Lighting, including permitted illuminated signs, is not arranged or directed so as to reflect or cause glare into any residential area.
D. 
When occupying a corner lot, the ingress or egress driveway(s) are located at least 20 feet from the intersection of the front and side street lines of the lot.
E. 
There are no signs and other obstructions which adversely affect visibility at intersections or to the driveway(s).
F. 
All driveways are perpendicular to the curb or street line.
(84) 
6.01.122 Specialty shops, as defined, with building floor area greater than 15,000 square feet per parcel. This use is permitted by special exception in the CV Zone, subject to the following standards:
A. 
The use shall not cause negative impacts on adjacent uses because of noise, fumes, odors, traffic or physical activity.
B. 
It is effectively screened by a natural terrain feature, solid wall or a substantial solid fence not less than five feet in height or other effective screening measure, including exterior landscaping as deemed appropriate by the Board of Appeals.
C. 
Lighting, including permitted illuminated signs, is not arranged or directed so as to reflect or cause glare into any residential area.
D. 
When occupying a corner lot, the ingress or egress driveway(s) are located at least 20 feet from the intersection of the front and side street lines of the lot.
E. 
There are no signs and other obstructions which adversely affect visibility at intersections or to the driveway(s).
F. 
All driveways are perpendicular to the curb or street line.
(85) 
6.01.123 Antique shops and art galleries with building floor space greater than 15,000 square feet per parcel. This use is permitted by special exception in the AC, RC and CV Zones, subject to the following standards:
A. 
That it is in an existing building or part of an existing building.
B. 
That the original character of the building be maintained.
C. 
That signs shall be limited to identification signs.
(86) 
6.01.130 General merchandise, as defined. This use is permitted with conditions in the BP Zone and by special exception in the CV Zone, subject to the following:
A. 
In the BP Zone, the following standards apply:
(1) 
All outside storage must be screened from adjacent properties and shall not be located adjacent to any County or state highway.
(2) 
The materials, textures, colors and design of fences, walls and screening shall be compatible with on-site development, adjacent properties and the neighborhood.
(3) 
When solid walls are required, a planting strip five feet wide shall also be provided. Such planting shall include trees or shrubs at least two feet tall at time of planting which may be expected to form a year-round dense screen within three years.
B. 
In the CV Zone, the following standards apply:
(1) 
The use shall not cause negative impacts on adjacent uses because of noise, fumes, odors, traffic or physical activity.
(2) 
Outside storage shall be screened, and the materials, textures, colors and design of fences, walls and screening shall be compatible with on-site development, adjacent properties and the neighborhood. When solid walls are required, a planting strip five feet wide shall also be provided. Such planting shall include trees or shrubs at least two feet tall at time of planting, which may be expected to form a year-round dense screen within three years.
(3) 
Lighting, including permitted illuminated signs, is not arranged or directed so as to reflect or cause glare into any residential area.
(87) 
6.01.140 Convenience stores. This use is permitted by special exception in the CN, CV, CER, CMR and CRR Zones, subject to the following:
[Amended 7-25-2005 by Bill No. 2005-01]
A. 
Where a residence is located within 100 feet of the property and is not located across a public road right-of-way from the subject property, Buffer Yard E is required. Road Buffer standards set forth in § 297-151 shall apply along public road rights-of-way.
B. 
Lighting of parking areas shall meet the minimum standard established in Article XX.
C. 
All business, service, storage and display of goods shall be located within a completely enclosed building, and all refuse shall be contained in completely enclosed facilities.
D. 
A traffic and road condition study shall be submitted by the applicant to determine the adequacy of the road network serving the site for traffic to be generated by the use.
(88) 
6.01.150 Retail sales greater than 100,000 square feet on one floor. This use is permitted by special exception in the CC, CB, MX, TOD, and PUD Zones, subject to the following:
[Added 9-23-2002 by Ord. No. 02-80]
A. 
Site design and exterior architectural plans shall be reviewed and approved by SDARB upon the granting of a special exception by the Board subject to the following minimum site design and architectural design standards:
(1) 
Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses with minimum two-foot depth, and in sufficient number, to reduce the unbroken massing into lengths of approximately 40 feet or less along all sides of the building.
(2) 
The building design along any public street shall have arcades, display windows, entry areas, awnings or other such features along no less than 60% of its horizontal length.
(3) 
Building facades must include no fewer than two of the following elements:
(a) 
Color change;
(b) 
Texture change;
(c) 
Wall offsets, reveals or projecting ribs.
(4) 
The roof design shall provide variations in roof lines and add interest to, and reduce the massive scale of, large buildings. Roofs shall include two or more roof planes. Parapet walls shall be architecturally treated to avoid a plain, monotonous look.
(5) 
Mechanical equipment shall be screened to views in all directions. If roof-mounted, the screen shall be designed to conform architecturally to the design of the building either with varying planes or with parapet walls.
(6) 
Loading docks, outdoor storage must be screened from adjacent properties, and materials, textures, colors and design of fences, walls, and screening shall be compatible with on-site development, adjacent properties, and the neighborhood.
(7) 
Areas for outdoor sales of products may be permitted if they are extensions of the sales floor into which patrons are allowed free access. Such areas shall be incorporated into the overall design of the building, and the landscaping shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform with those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade. Outdoor sales areas shall be considered as part of the gross floor areas of the retail establishment. Outdoor storage of products in an area where customers are not permitted is prohibited. This prohibition includes outdoor storage sheds and containers.
(8) 
Pedestrian 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 sidewalks 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 display windows, arcades or entryways are part of the facade.
(9) 
All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort.
B. 
Any building which is expanded to 100,000 square feet or more on one floor shall be subject to a special exception and shall meet the requirements stated in Subsection A above.
(89) 
6.02.100 Restaurant, standard, fast-food, bars, nightclubs and dinner theaters. This use is permitted with conditions in the RO and BP Zones and is permitted by special exception in the CN Zone, subject to the following:
A. 
In the RO Zone, the use is limited to 3,000 square feet of floor space.
B. 
In the BP Zone, the use must be oriented internally and have internal access such that it is incorporated into and as part of the business park.
C. 
In the CN Zone, the use is subject to the following:
(1) 
The use at the proposed location will not create a traffic hazard or safety problem because of its locations in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections or its location in relation to other buildings or proposed buildings.
(2) 
Materials, textures, colors and design of fences, walls and screening shall be compatible with on-site development, the adjacent property and the neighborhood. When solid walls are required, a planting strip five feet wide shall also be provided. Such planting shall include trees or shrubs at least two feet tall at time of planting, which may be expected to form a year-round dense screen within three years.
(3) 
Lighting, including permitted illuminated signs, shall be arranged and directed so as not to reflect or cause glare into any residential zone.
(4) 
The Board of Appeals will regulate hours of operation so as to diminish adverse impact on adjoining properties.
(90) 
6.02.200 Restaurant, fast-food, carry-out and delivery. This use is permitted with conditions in the BP Zone and by special exception in the CN and CV Zones, subject to the following:
A. 
In the BP Zone, the use must be oriented and have access internally so that it is incorporated as part of the business park.
B. 
In the CN and CV Zones, this use is subject to the following:
(1) 
The use at the proposed location will not create a traffic hazard or safety problem because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections or its location in relation to other buildings or proposed buildings.
(2) 
Materials, textures, colors and design of fences, walls and screening shall be compatible with on-site development, the adjacent property and the neighborhood. When solid walls are required, a planting strip five feet wide shall also be provided. Such planting shall include trees or shrubs at least two feet tall at time of planting, which may be expected to form a year-round dense screen within three years.
(3) 
Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare into any residential zone.
(4) 
The Board may regulate hours of operation so as to prevent adverse impact on adjoining properties.
(91) 
6.02.310 Restaurant, fast-food, drive-in or drive-through with direct highway access to a public road. This use is permitted by special exception in the CC, CB, CV, PEP, MX and TOD Zones, subject to the following standards:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
The use at the proposed location will not create a traffic hazard or safety problem because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections or its location in relation to other buildings or proposed buildings.
B. 
Materials, textures, colors and design of fences, walls and screening shall be compatible with on-site development, the adjacent properties and the neighborhood. When solid walls are required, a planting strip five feet wide shall also be provided. Such planting shall include trees or shrubs at least two feet tall at time of planting, which may be expected to form a year-round dense screen within three years.
C. 
Lighting, including permitted illuminated signs, shall be arranged so as not to reflect or cause glare into any residential zone.
D. 
When such use occupies a corner lot, the ingress or egress driveways shall be located at least 20 feet from the point of curvature of the quadrant radius. Driveways shall not exceed 30 feet in width, provided that the street line shall be considered to be at least 60 feet from the center line of any abutting street or highway.
(91.1) 
6.02.330 Mobile food services facilities. This use is permitted with conditions in the CC, CB, CV, BP, IG, IH, PEP, MX, TOD, CER, CRR, WC, AUC and RC Zoned sites and publicly owned sites or facilities and within PUD zoned areas as permitted by the St. Charles Planning and Design Review Board, subject to the following conditions:
[Added 9-20-2016 by Bill No. 2016-06]
A. 
Permit required; fee.
(1) 
A mobile food services facilities application, associated fee and permit is required by the Charles County Planning and Growth Management Department.
(2) 
Health Department permits for mobile food service facility (COMAR 10.15.03.02) must be obtained prior to issuance of the Charles County planning and growth management permit.
(3) 
A general site location map which illustrates the location of the proposed facility and setbacks to the property lines and access areas and a written description of the desired location is required along with written permission of the property owner at the time of application.
B. 
Standard dimensions and appearance.
(1) 
The maximum vehicle size is 24 feet long, 12 feet tall and 8.5 feet wide while in motion.
(2) 
Signs shall either attach to the mobile unit or be limited to three feet by five feet maximum-sized reader board temporarily placed on the ground within five feet of the facility.
(3) 
Facilities must not look dirty, damaged, or in disrepair, causing unsightly appearances.
C. 
Operational standards.
(1) 
Operating hours are limited to 5:00 a.m. through 10:00 p.m.
(2) 
Paved off-street parking must be designated for the use.
(3) 
Sound amplifiers, noise-making devices are prohibited. Excessively loud music and other unreasonable disturbances to the public peace are forbidden.
(4) 
Facilities are not permitted to provide tables, chairs, or umbrellas.
D. 
Safety and sanitation.
(1) 
Facilities may not restrict or interfere with the ingress or egress of an abutting property owner or tenant, create or become a nusiance or hazard to public health, safety or welfare.
(2) 
Facilities may not increase traffic congestion or delay or constitute an obstruction to adequate fire, police or sanitation vehicles.
(3) 
No mobile food service facility is permitted in a restricted parking zone, or within 15 feet of a fire hydrant.
(4) 
Facility managers and staff must have readily available access to a restroom at all times, during operating hours.
(5) 
Facilities must be clean.
(6) 
The placement of equipment, including propane tanks or generators into the public right-of-way is prohibited.
(7) 
Trash containers must be provided, maintained and emptied when full. A ten-foot radius of the operating space must remain free of all refuse of any kind generated from the operation of the business.
E. 
Insurance.
(1) 
Facilities must be properly licensed, tagged, and insured.
(2) 
A copy of the insurance policy covering the mobile food service facility must be filed with the Charles County Planning and Growth Management Department.
F. 
Suspension or revocation of license; appeals.
(1) 
Licenses may be suspended or revoked due to violation of the regulations and upon discovery that the applicant has knowingly mistated or omitted a material fact from the submitted application; or has refused to leave any premises when lawfully directed by an owner, occupant or authorized government official to do so; or is not in compliance with local, state or federal regulations.
(2) 
Upon inspection, if the mobile food service facility is found not to comply with these regulations, the Zoning Officer or his/her designee shall provide written notice to the applicant or permit holder of any action taken or proposed to be taken. The applicant will be given a reasonable period to respond.
(3) 
In deciding the length of time for suspension or revocation of a permit, the Department of Planning and Growth Management shall consider:
(a) 
The nature of the offense, the extent to which the offense impacts public health, safety and welfare;
(b) 
The nature and number of previous offenses;
(c) 
Actions needed to correct violations in a timely manner.
(4) 
An appeal of a permit suspension, revocation, or denial must be made in writing to the Zoning Officer within seven days of the suspension, revocation or denial date. Reissuance of the license may be permitted once the violation is remedied. The applicant/owner may submit an application for administrative appeal of the Zoning Officer's determination to the Board of Appeals for a final determination of compliance.
(92) 
6.02.400 Brewery with standard restaurant, pub-brewery and microbrewery. This use is permitted with conditions in the RO Zone and is permitted by special exception in the CN and BP Zones, subject to the following:
[Added 8-21-2000 by Ord. No. 00-64]
A. 
In the RO Zone, the use is limited to 3,000 square feet of floor space.
B. 
In the BP Zone, the use must be internally oriented and include internal access incorporated into and as part of the business park.
C. 
In the CN Zone, the use is subject to the following:
(1) 
The use at the proposed location will not create a traffic hazard or safety problem resulting from proximity to similar uses, necessity of turning movements in relation to its access to public roads and intersections or proximity to other buildings or proposed buildings.
(2) 
Materials, textures, colors and design of fences, walls and screening shall be compatible with on-site development, the adjacent property and the neighborhood. When solid walls are required, a planting strip of at least five feet in width shall also be provided. Such planting shall include trees at least six feet in height at the time of planting, and/or shrubs at least two feet in height, with a high degree of potential to form a year-round dense screen within three years.
(3) 
Lighting, including permitted illuminated signs, shall be arranged and directed so as not to reflect or cause glare into any residential zone.
(4) 
The Board of Appeals will regulate hours of operation so as to diminish adverse impact on adjoining properties.
(93) 
6.03.100 Motor vehicle and manufactured home sales or rental. This use is permitted with conditions in the CC, CV, BP, PEP and MX Zones, subject to the following regulations:
A. 
Such lot may be used for the storage, sale and rental of only the following vehicles: automobiles, motorcycles, light trailers of such limited size and capacity so as to be capable of being safely towed by a passenger motor vehicle designed for carrying fewer than 10 passengers, manufactured homes (Classes A and B) and light- and medium-duty trucks.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
B. 
Gasoline pumps, other service appliances, major repairs, spray paint operation or body or fender repair shall only be permitted as accessory uses.
C. 
Vehicles shall be stored or parked only within a hard-surfaced area constructed of material that will assure a surface resistant to erosion and adequately treated to prevent dust emission, surrounded by a raised curb. The curb shall be located so that no vehicle can be parked or stored within 25 feet of any street line, nor within 25 feet of any property line adjoining land in a residential zone, nor within three feet of any property line.
D. 
Signs, product displays, parked vehicles and other obstructions that would adversely affect visibility at intersections or to driveways shall be prohibited.
E. 
Lighting shall be low-level and so arranged as not to reflect or to cause glare into any residential zone.
(94) 
6.03.110 Motor vehicle and manufactured home sales or rental in the CB Zone on more than three acres. This use is permitted by special exception in the CB Zone, subject to the following regulations:
[Amended 12-7-1993 by Ord. No. 93-101]
A. 
That all the requirements contained in 6.03.120 are met.
B. 
That the scale of the use is compatible with the character of the development in the surrounding area.
(95) 
6.03.120 Motor vehicle and manufactured home sales or rental.
[Amended 12-7-1993 by Ord. No. 93-101; 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01]
A. 
This use is permitted with conditions in the CC, CB, CV, BP, PEP, MX and TOD Zones, and permitted by special exception in the CER Zone, subject to the following regulations:
(1) 
A lot may be used for the storage, sale and rental of only the following vehicles: automobiles, light trailers of such limited size and capacity so as to be capable of being safely towed by a passenger motor vehicle designed for carrying fewer than 10 passengers, manufactured homes (Classes A and B) and light- and medium-duty trucks.
(2) 
Gasoline pumps, other service appliances, major repairs, spray paint operation or body or fender repair shall only be permitted as accessory uses.
(3) 
Vehicles shall be stored or parked only within a hard-surfaced area constructed of material that will assure a surface resistant to erosion and adequately treated to prevent dust emission, surrounded by a raised curb. The curb shall be located so that no vehicle can be parked or stored within 25 feet of any street line, nor within 25 feet of any property line adjoining land in a residential zone, nor within three feet of any property line.
(4) 
Signs, product displays, parked vehicles and other obstructions that would adversely affect visibility at intersections or to driveways shall be prohibited.
(5) 
Lighting shall be low-level and so arranged as not to reflect or to cause glare into any residential zone.
B. 
This use is also permitted with conditions in the CB Zone, and permitted by special exception in the CER Zone, subject to Subsection A above and the following regulations:
(1) 
A lot may be used for the storage, sale and rental of all the vehicles listed in Subsection A(1) above, except manufactured homes. A lot may also be used for the storage, sale and rental of boats on light trailers of such limited size and capacity so as to be capable of being safely towed by a passenger motor vehicle designed for carrying fewer than 10 passengers.
(2) 
Such storage, sale and rental are permitted only on the same lot with and ancillary to a sales room and/or rental office, which shall be an enclosed structure.
(3) 
The Zoning Officer, upon determination that site constraints such as preexisting conditions prevent full compliance with the provisions of this section, may allow reasonable adjustments to the standards set forth in this section.
(4) 
Accessory uses not in an enclosed structure shall be screened from any adjoining residential uses.
(5) 
Motor vehicle repairs and maintenance shall only be permitted as accessory uses and shall occur only in enclosed structures, and no large work area doors or open bays shall be open toward or face the street.
(6) 
Buildings shall be located no more than 55 feet from the front property line.
(7) 
A sidewalk shall be constructed along the street line with a pedestrian entrance to principal buildings.
(8) 
All accessory buildings shall be located in the rear of the primary building.
(9) 
Parked vehicles and other obstructions that would adversely affect visibility at intersections or to driveways shall be prohibited.
(96) 
6.03.200 Motor vehicle parts sales with installation of motor vehicle parts or accessories such as tires and mufflers. This use is permitted with conditions in the CN, CC, CV, BP, IG, PEP, MX and TOD Zones, provided that the following requirements are met:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
This use is limited to the sale, replacement, installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock absorbers, instruments, such as speedometers and tachometers, radios and sound systems or upholstery for passenger cars, motorcycles, vans and light trucks only.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
B. 
No use authorized herein shall permit any private or commercial activity which involves the painting, repair or alteration of the auto body, nor shall any repair, replacement, modification, adjustment or servicing of the power plant or drivetrain be permitted, except minor tune-up involving the changing of spark plugs, points, coolant or condenser, including engine block oil changes.
C. 
All activity and storage associated with the permitted use shall occur entirely within a completely enclosed building.
D. 
No building or structure shall be located in any required yard or setback.
E. 
Wall openings in structures are permitted in those walls directly facing an existing commercial or industrial zone. Wall openings necessary for ventilation, fire exits and light, pursuant to the standards of the Charles County Building Code[12] and the Fire Safety Code, shall be permitted.
[12]
Editor's Note: See Ch. 224, Building Construction.
F. 
The maximum permitted total floor area ratio shall not exceed 0.40.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
G. 
A minimum ten-foot-wide landscape strip shall be provided adjacent to and completely across all property lines. Curb cuts shall be minimized.
H. 
No outdoor display of merchandise sold, serviced or rented is permitted.
(97) 
6.03.300 Motor vehicle repair and maintenance, fuel sales, car wash (not including auto body work). This use is permitted with conditions in the TOD Zone.
[Amended 10-25-1999 by Ord. No. 99-92]
(98) 
6.03.310 Motor vehicle repair and maintenance. This use is permitted with conditions in the CN, CC, CB, CV, IG, PEP and MX Zones subject to the following:
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 10-23-2000 by Ord. No. 00-84]
A. 
A motor vehicle repair and maintenance shop is limited to the sale, installation, repair, replacement, modification, adjustment or servicing of the power plant or drivetrain of a vehicle subject to the following standards:
(1) 
Minimum area: 20,000 square feet.
(2) 
All activity and storage of parts shall occur entirely within a completely enclosed building. Any vehicle storage shall be temporary, in side or rear yards, and screened from adjacent properties.
(3) 
No building or structure shall be located in any required yard or setback.
(4) 
Wall openings in structures are permitted in those walls directly facing an existing commercial or industrial zone. Wall openings necessary for ventilation, fire exits and light, pursuant to the standards of the Charles County Building Code and the Fire Safety Code, shall be permitted.
(5) 
The maximum permitted total floor area ratio shall not exceed 0.40.
(6) 
A minimum ten-foot-wide landscape strip shall be provided adjacent to and completely across all property lines. Curb cuts shall be minimized.
(7) 
No outdoor display of merchandise sold, serviced or rented is permitted.
(8) 
Lubrication equipment and outdoor storage and refuse areas. Hydraulic racks and service pits shall be located within the main structure. Any outdoor storage or refuse area shall be fenced or screened from view and must be approved as to location and design. The site plan shall indicate the disposal methods to be used for all waste material, including recycling of waste oil generated by the operation.
(99) 
6.03.311 For more than two buses, bus dispatching, storage, including parts, maintenance, washing, and service facility. This use is permitted by special exception in the AC Zone subject to the following:
[Added 5-7-2008 by Bill No. 2008-02]
A. 
Minimum area: five acres.
B. 
Building.
(1) 
All activity, all repair, storage of parts, maintenance, washing and service shall occur entirely within a completely enclosed building.
(2) 
Bay or wall openings must open to the side and not open to the front. Bay/wall openings in structures are permitted in those walls directly facing an existing commercial or industrial zone. Bay/wall openings necessary for ventilation, fire exits, and light, pursuant to the standards of the Charles County Building Code[13] and the Firesafety Code, shall be permitted.
[13]
Editor's Note: See Ch. 224, Building Construction.
C. 
Any outdoor bus storage shall be located in rear or side yards and shall be fenced or screened from adjacent properties.
D. 
No vehicles shall be parked or left standing within 100 feet of any property line.
E. 
The maximum permitted total floor area ratio shall not exceed 0.40.
F. 
The maximum impervious surface ratio shall not exceed 0.70.
G. 
A minimum twenty-five-foot-wide Buffer Yard E, including a Buffer yard structure, shall be provided along all property lines, as in Article XXIII.
H. 
Access shall be directly from a County- or state-maintained road. No buses may be allowed to be parked on any lot where the access is located on a privately owned road and/or shared access driveway.
I. 
Such bus parking facilities shall be used solely for the parking of vehicles in operating condition and with current license.
(100) 
6.03.321 Motor vehicle fuel sales associated with commercial uses greater than 3,500 square feet or which provide more than 12 fueling positions. This use is further described as motor vehicle fuel sales associated with or on the same lot as retail, restaurant, or service-oriented commercial uses greater than 3,500 square feet or where facilities have more than six multi-product dispenser (pumps) or 12 fueling positions to accommodate up to 12 vehicles. This use is permitted with conditions in the CV, subject to Subsections A through I. This use is permitted by right in any zone, where permitted with conditions or by special exception, if it is replacing an existing conforming or legally nonconforming motor vehicle fuel sales use which existed as of October 23, 2000. This use is permitted by special exception in the CN, CC, CB, IG, PEP, and MX Zones, subject to all of the following:
[Added 10-23-2000 by Ord. No. 00-84; amended 12-11-2001 by Ord. No. 01-90]
A. 
Minimum lot size. A minimum lot area of 20,000 square feet and a minimum lot frontage of 120 feet on a public road shall be required for each gasoline service station site. In unsewered areas, the lot area must be increased sufficiently to accommodate an individual sewage disposal system approved by the County Health Officer.
B. 
Landscaping. Landscaping shall be established on all gasoline service station sites on a minimum of 20% of the site area.
C. 
Fences, walls and decorative screening. Materials, textures, colors and design of fences, walls and screening shall be compatible with the on-site development, the adjacent properties and the neighborhood. Solid walls such as masonry or wood and masonry may be required when the gasoline station borders a residential zone. When solid walls are required, a planting strip is required on the outside of the wall.
D. 
Off-street parking. All gasoline service station development shall meet County off-street parking standards to ensure the safe movement of vehicles and pedestrians. The arrangement of structures, islands, driveways, parking and landscaping shall be designed so as to ensure maneuvering ease, to serve the community and to not adversely affect adjacent properties. The development shall provide three spaces for each grease rack or working bay plus one space for each employee on duty, plus a separate space for each accessory vehicle, such as tow trucks, etc. Where a car wash service is being proposed as part of the normal service station operation, sufficient parking and holding lane capacity shall be provided, and public streets shall not be used for storage.
E. 
Access driveways. Access driveways shall be designed and located to ensure a safe and efficient movement of traffic on and off the site from the lane of traffic nearest the curb. The design, location and construction of all vehicular access driveways shall be in accordance with the applicable specifications and standards of the appropriate County and/or state agency with approval jurisdiction. At a minimum, the applicant shall demonstrate that the receiving road network will operate safely taking into consideration all potentially conflicting traffic movements, access management guidelines in § 297-302, and the cumulative impact of other high traffic-generating uses in the vicinity.
F. 
On-site lighting. Lighting shall be designed and controlled so that any light source, including interior of a structure, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Such lighting shall not shine on or reflect on or into residential structures.
G. 
Lubrication equipment and outdoor storage and refuse areas. Hydraulic racks and service pits shall be located within the main structure. Any outdoor storage or refuse area shall be fenced or screened from view and must be approved as to location and design. The petitioner's plan shall indicate the disposal methods to be used for all waste material, including recycling of waste oil generated by the service station operation.
H. 
Structures. Convenient retail cigarette and snack dispensing areas are allowed but must be effectively screened or enclosed and integrated with the architectural design of the service station.
I. 
Operation.
(1) 
The operation shall be confined to normal gasoline service station activities. Outside operations shall be limited to the dispensing of petroleum products, oil, water, pressurized air, the changing of tires and minor servicing; however, at a minimum, all fuel sales facilities shall include rest rooms available to customers, pressurized air for tires and water for radiator filling. Storage of all automotive supplies shall be within the main structure.
(2) 
The sale or rental of boats, two-wheeled vehicles, trucks, cars, all types of trailers, tractors, mowers and any other similar uses of a rental or sales nature are prohibited, unless specifically identified in the application.
(3) 
The premises shall be maintained at all times in a clean and orderly condition, including the care or replacement of plant materials required in the landscaping and screening plan. The responsibility for compliance with this provision shall be with all parties having a lease or ownership interest in the gasoline service station.
J. 
Public necessity. The Board of Appeals must find from a preponderance of the evidence of record that the proposed use is necessary to serve the proposed existing and projected growth within the surrounding neighborhood. An evidentiary presumption shall exist that there is no public necessity for the proposed use if the lot or parcel on which the use is proposed is located within 2,500 feet of the boundaries of any other lot or parcel containing a motor vehicle fuel sale use. The presumption of the lack of public necessity may be overcome only upon findings by the Board supported by a preponderance of the evidence that:
(1) 
The ratio of the total number fueling positions in the neighborhood to the resident and employee population in the neighborhood of the proposed use is less than the ratio of the total number of fueling positions in the County to the resident and employee population in the County; and
(2) 
The ratio of the total number of fueling positions in the neighborhood to the total number of motor vehicles owned by residents in the neighborhood is less than the ratio of the total number of fueling positions in the County to the total number of motor vehicles owned Countywide.
(101) 
6.03.322 Motor vehicle fuel sales not associated with commercial uses greater than 3,500 square feet or providing more than 12 fueling positions. This use is permitted with conditions in the CV, CC, CB, IG, PEP and MX Zones, subject to Subsections A through I for Use 6.03.321 above. This use is permitted by special exception in the CN Zone, subject to Subsections A through I for Use 6.03.321 above.
[Added 10-23-2000 by Ord. No. 00-84]
(102) 
6.03.330 Car wash. This use is permitted with conditions in the CN, CC, CB, CV, IG, PEP and MX Zones, subject to the following:
[Added 10-23-2000 by Ord. No. 00-84]
A. 
Principal vehicular access for such use shall be located on an arterial or collector road.
B. 
Adequate storage space at the vehicular entrance and sufficient capacity for vehicular ingress and egress shall be provided to prevent traffic congestion.
(103) 
6.03.400 Motor vehicle painting and body work. This use is permitted with conditions in the CC, CV, BP, IG and PEP Zones and is permitted by special exception in the MX and TOD Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
The minimum area shall be 20,000 square feet.
B. 
All activity and storage of materials associated with the permitted use shall occur entirely within a completely enclosed building. Vehicles may be temporarily stored in side or rear yards if completely screened from adjacent properties.
C. 
Wall openings in structures are permitted when walls are directly facing an existing commercial or industrial zone. Wall openings are permitted when necessary for ventilation, fire exits and light, pursuant to the standards of the Charles County Building Code[14] and the Fire Safety Code.
[14]
Editor's Note: See Ch. 224, Building Construction.
D. 
The maximum permitted total floor area ratio shall not exceed 0.40.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
E. 
The minimum ten-foot-wide landscape strip shall be provided adjacent to and completely across all property lines.
F. 
No outdoor display of merchandise sold, serviced or rented is permitted.
G. 
Buffer yards shall be required to adequately separate this use from adjacent uses or properties in order to eliminate or minimize negative impacts from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce impacts of noise, fumes, odor or danger from fires or explosions.
H. 
A traffic and road condition study must be submitted with the application by the applicant to determine the adequacy of the road network serving the site and the traffic to be generated by the use.
(104) 
6.03.500 Automotive parks. Automotive parks are permitted with conditions in the CC, BP, IG, PEP, MX and TOD Zones, subject to the following requirements:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
The minimum area shall be 15 acres.
B. 
Adequate internal circulation shall be provided between uses to eliminate additional ingress and egress points from arterial or collector roads.
C. 
The principal vehicular access for such use shall be located on an arterial highway or in a collector street.
D. 
Outside lighting must be shielded so that direct light does not shine beyond lot lines.
E. 
On-site lighting shall be designed and controlled so that any light source, including interior of a structure, shall be so shaded, shielded or directed such that the light intensity or brightness shall not adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Such lighting shall not shine on or reflect on or into residential structures or property.
(104.1) 
   6.04.100 Medical cannabis processing operation. This use is permitted in the AC, BP, CC, CB, IG, IH, and PEP Zones, together with buildings incidental thereto, subject to the following:
[Added 3-15-2016 by Bill No. 2016-01]
A. 
The applicant/operator shall obtain approval or preapproval of a license from the Maryland Medical Cannabis Commission. Documentation of a valid license shall be provided to the County prior to the commencement of operations.
B. 
Any structure used for the processing operations must be at least 1,000 feet from the property line of any school, day-care facility, substance rehabilitation facility, or any other processing operation.
C. 
A buffer yard C shall be required to adequately separate this use from adjacent uses.
(104.2) 
   6.04.200 Medical cannabis dispensary operation. This use is permitted in the BP, CC, CB, IG, IH, and PEP Zones, together with buildings incidental thereto, subject to the following:
[Added 3-15-2016 by Bill No. 2016-01]
A. 
The applicant/operator shall obtain approval or preapproval of a license from the Maryland Medical Cannabis Commission. Documentation of a valid license shall be provided to the County prior to the commencement of operations.
B. 
Any structure used for the dispensary must be at least 1,000 feet from the property line of any school, day-care facility, substance rehabilitation facility, or any other dispensary.
C. 
A buffer Yard C shall be required to adequately separate this use from adjacent uses.
(105) 
7.01.110 Manufacturing, processing, creating, repairing, renovating, painting, cleaning and assembling of goods, merchandise and equipment with all operations conducted entirely within fully enclosed buildings less than 10,000 square feet per parcel. This use is permitted by special exception in the CN, CV, WC and AUC Zones, subject to the following:
[Amended 4-13-2010 by Bill No. 2010-02]
A. 
Any buildings shall be compatible with the surrounding community.
B. 
All parking for such uses shall be located in the rear or side yards.
C. 
The Board of Appeals will establish restrictions on the hours of operation.
(106) 
7.01.120 Manufacturing, processing, creating, repairing, renovating, painting, cleaning and assembling of goods, merchandise and equipment with all operations conducted entirely within fully enclosed buildings greater than 10,000 square feet per parcel. This use is permitted by special exception in the CV, CER and AUC Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92; 7-25-2005 by Bill No. 2005-01; 4-13-2010 by Bill No. 2010-02; 4-13-2010 by Bill No. 2010-06]
A. 
No on-street parking shall be permitted.
B. 
The standards in Subsections A and B in 7.01.110 are applicable to this category.
(107) 
7.01.210 Blacksmith shops, welding shops, ornamental iron works, machine shops, excluding drop hammers and punch presses over 20 tons rated capacity and sheet metal shops. This use is permitted by special exception in the AC Zone, provided that the following requirements are met:
A. 
The use shall be associated with an agricultural use.
B. 
Any exterior storage of equipment and products shall be screened from any public road.
C. 
Any such use shall meet the noise and smoke performance standards found in Article II.
(108) 
7.01.230 Sawmills. This use is permitted with conditions in the RC(D) Zone, provided that the following requirements are met:
[Added 12-11-2000 by Ord. No. 00-93]
A. 
Minimum area: 25 acres.
B. 
Minimum setbacks from property line for machinery: 300 feet and 500 feet from any off-site residential dwelling.
C. 
Only natural wood products may be processed on site.
D. 
No treated wood may be stored or processed on site (i.e., telephone poles, Wolmanized® lumber).
E. 
Access to the site shall be by a minimum two-hundred-fifty-foot paved entrance.
F. 
No more than 20,000 cubic yards of material may be stored on site at any one time.
G. 
All operations shall conform to the noise standards established for the IG Zone in Article II, § 297-32.
(109) 
7.01.250 Winery. This use is permitted with conditions in the AC or RC Zones only as part of a commercial vineyard. In addition, the applicant must demonstrate compliance with all manufacturing and processing performance standards that relate to noise and smoke provided in Article II.
(110) 
7.01.260 Fertilizer mixing plants. This use is permitted by special exception in the AC and PEP Zones, subject to the following:
A. 
Any such use shall meet all manufacturing processing performance standards that relate to noise and smoke provided in Article II.
B. 
All materials and products shall be stored in completely enclosed structures.
C. 
Buffer yards shall be required by the Board of Appeals to adequately separate this use from adjacent uses or properties in order to eliminate or minimize potential negative impacts from dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce impacts of noise, odor or danger from fires or explosions.
D. 
A traffic and road condition study shall be submitted with the application to determine the adequacy of the road network serving the site and the ability to accommodate truck traffic to be generated by the plant.
(111) 
7.01.280 Asphalt plants/concrete plants, sand and gravel washing, crushing and screening.
[Amended 9-12-1994 by Ord. No. 94-83]
A. 
This use is permitted by special exception in the AC, RC and IG Zones. Wet-processing, including washing, sorting, refining and stockpiling of natural materials, may be performed in conjunction with a special exception for mineral extraction. When not part of another approved special exception, these uses and concrete batching plants, asphalt or cement mixing plants and similar facilities may be permitted, subject to the following:
(1) 
Minimum area.
(a) 
Ten acres when the site is in the IG Zone and completely surrounded by the IG, IH or BP Zones.
(b) 
Twenty acres when the site is in the AC, RC or IG Zones and not completely surrounded by the IG, IH or BP Zones.
(2) 
The Board of Appeals will establish a maximum time limit on the approval of the application, but in no case shall it be valid for more than 20 years. Extensions of specific periods may be granted if a new special exception is applied for and no substantial adverse impact is found in the continuation of the use.
(3) 
All fixed installations shall be located at least 750 feet from any existing homes and shall not be less than 300 feet from any property line. However, in the case where the site is completely surrounded by the IG, IH or BP Zones, the fixed installations shall not be less than 100 feet from any property line.
(4) 
Roads for ingress and egress from the site to public roads shall not be less than 20 feet wide and shall be hard-surfaced and shall be maintained for a distance of 150 feet from the public road into the site. All other roads shall be treated as needed with a preventative to control dust. For any roads which cross a utility right-of-way, the applicant shall obtain a permit for the crossing from the utility company and shall submit copies of the permit with the special exception petition.
(5) 
Operation hours for processing and mixing operations shall be established by the Board. The Board may establish hours of operation based on the impact of noise, traffic and operation of the use on the surrounding community.
(6) 
A site plan shall be submitted for approval to the Board with the application, showing the following:
(a) 
Setback area, including screening and fencing.
(b) 
The portion of tract, if any, actually being excavated.
(c) 
Existing and proposed structures and major mechanical equipment.
(d) 
Existing and proposed access roads.
(e) 
Water supply and sewage disposal.
(f) 
All necessary pollution control measures.
(g) 
The stockpile area and height.
(h) 
Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter.
(i) 
A traffic and road condition study to determine the adequacy of the road network and the structural elements serving the site for truck traffic to be generated by the operation.
(j) 
Environmental features, including steep slopes, hydric and erodible soils, wetlands, one-hundred-year floodplain and forested areas.
(k) 
Historic resources, including sites not previously identified, shall be identified and described as to how these resources will be preserved.
(l) 
The Board may request that an environmental impact analysis be submitted by the applicant.
(m) 
All operations on-site, including outdoor storage of machinery and equipment, may be required to be screened from any adjoining land or public street. The applicant shall submit plans showing the location and type of any proposed screening material.
(7) 
All operations shall be conducted in a safe manner with respect to hazard to persons, physical or environmental damage to lands and improvements, including but not limited to undue or unusual potential fire hazard. All operations shall minimize damage to any street, bridge or public right-of-way.
(8) 
The applicant must demonstrate conformance with the standards in Article II.
B. 
This use is permitted with conditions in the IH Zone, subject to the following:
(1) 
Minimum area.
(a) 
Ten acres when the site is completely surrounded by the IG, IH or BP Zones.
(b) 
Twenty acres when the site is not completely surrounded by the IG, IH or BP Zones.
(2) 
Roads for ingress and egress from the site to public roads shall not be less than 20 feet wide and shall be hard-surfaced and maintained for a distance of 150 feet from the public road into the site. All other roads shall be treated as needed with a preventative to control dust.
(3) 
The site plan shall include the following:
(a) 
Setback area, including screening and fencing.
(b) 
Existing and proposed structures and major mechanical equipment.
(c) 
Existing and proposed access roads.
(d) 
Water supply and sewage disposal.
(e) 
All necessary pollution control measures.
(f) 
Stockpile area and height.
(g) 
Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter.
(h) 
A traffic and road condition study to determine the adequacy of the road network and the structural elements serving the site for truck traffic to be generated by the operation.
(i) 
Environmental features, including steep slopes, hydric and erodible soils, wetlands, one-hundred-year floodplain and forested areas.
(j) 
Historic resources, including sites not previously identified, shall be identified and described as to how these resources will be preserved.
(k) 
All operations on site, including outdoor storage of machinery and equipment, may be required to be screened from any adjoining land or public street. The applicant shall submit plans showing the location and type of any proposed screening material.
(4) 
All operations shall be conducted in a safe manner with respect to hazard to persons, physical or environmental damage to lands and improvements, including but not limited to undue or unusual potential fire hazard. All operations shall minimize damage to any street, bridge or public right-of-way.
(5) 
The applicant must demonstrate conformance with the standards in Article II.
(112) 
7.01.290 Wood/stump grinding. This use is permitted with conditions in the AC, RC, CV, IG and IH Zones, subject to the following requirements:
[Added 12-7-1993 by Ord. No. 93-100; amended 11-21-1994 by Ord. No. 94-100]
A. 
The minimum area shall be 25 acres.
B. 
Minimum setbacks from the property line for machinery shall be 300 feet and 500 feet from any off-site residential dwelling.
C. 
Only natural wood products may be processed on site.
D. 
No treated wood may be stored or processed on site (i.e., telephone poles, Wolmanized® lumber).
E. 
Access to the site shall be by a minimum two-hundred-fifty-foot paved entrance.
F. 
No more than 20,000 cubic yards of material may be stored on site at any one time.
G. 
All operations shall conform to the noise standards established for the IG Zone in Article II, § 297-32.
(113) 
7.02.100 Automobile parking garages or parking lots not located on a lot where there is another principal use to which the parking is related. This use is permitted by special exception in the CV, WC and AUC Zones, provided that the following standards are satisfied:
[Amended 4-13-2010 by Bill No. 2010-02]
A. 
Any structure will be compatible with the surrounding neighborhood or community in terms of architecture, height, size, massing and setbacks.
B. 
Any parking lot shall occupy no more than one acre of the parcel or prepared surface area.
C. 
In the CV Zone:
(1) 
Ingress and egress shall be from a collector or arterial roadway.
(2) 
The site plan shall show how this use will be satisfactorily screened from all neighboring uses.
D. 
In the WC and AUC Zones:
(1) 
This special exception use is limited to structured parking facilities. Parking lots are permitted only on a lot associated with a principal use to which the parking is related.
(2) 
Ingress and egress shall be from a Waldorf urban major collector, Waldorf urban minor collector or Waldorf urban local road.
(3) 
The structure shall comply with the siting and design standards of the Downtown Waldorf Vision Plan and Design Guidelines.
E. 
The site plan shall show how this use will be satisfactorily screened from all neighboring uses.
(114) 
7.02.210 All storage within completely enclosed structures. This use is permitted with conditions in the BP Zone, subject to the following:
A. 
The use is oriented and accessed through an internal vehicle circulation system so that it is incorporated as part of the business park.
(115) 
7.02.220 Warehouse storage inside or outside completely enclosed structures where the storage of goods is not related to sale or use of those goods on the same lot where they are stored. This use is permitted by special exception in the BP Zone, subject to the following:
A. 
The total lot coverage, including outside storage area, shall not exceed 35% of total lot area.
B. 
The exterior storage shall not exceed 75% of the square footage of the floor area of the principal structure. No exterior storage shall occur on the lot without a principal structure.
C. 
Any exterior storage shall be screened from any adjacent residential zones or uses.
(116) 
7.02.230 Mini-warehouses. This use is permitted with conditions in the IG and IH Zones and is permitted by special exceptions in the CC, CV, CB, BP, PEP and MX Zones, provided that the following are met:
[Amended 7-6-1998 by Ord. No. 98-58; 3-30-1999 by Ord. No. 99-32; 1-10-2006 by Bill No. 2005-11]
A. 
At least 75% of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and no greater than 10 feet in height.
B. 
No activities other than the dead storage or transfer of nonvolatile goods or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses, other than the resident manager's apartment; or any use that creates a nuisance due to noise, odor, dust, light or electrical interference.
C. 
Site plans submitted with applications for mini-warehouse development shall clearly demonstrate that adequate access for fire suppression and other emergency equipment is provided to and within mini-warehouse facilities. Inner drive/parking lanes shall be a minimum of 25 feet in width, with outermost lanes of such facilities a minimum of 35 feet in width. As an alternative design, the outermost lanes of such facilities may be no less than 30 feet in width, provided that at least a forty-foot outside turning radius, and a ten-foot inside turning radius, are installed for the turns at the corners of buildings on the outermost access lanes, thereby maintaining a minimum thirty-foot uniform access drive width. Buildings, bollards or other obstructions to traffic shall not interfere with the turning radii at the corners.
D. 
Mini-warehouses shall not be allowed to use metal siding on those elevations that are visible from adjoining roads and streets.
E. 
If adjoining properties are used or zoned for residential purposes:
(1) 
Property lines not facing a street shall be improved with a minimum six-foot-high, one-hundred-percent opaque solid wooden fence or masonry wall along the entire length, except for approved access crossings; such improvements are to be located outside any public right-of-way and interior to a Level E Buffer Yard as defined in Article XXIII.
(2) 
Property lines not facing a street shall be provided with a minimum six-foot, one-hundred-percent opaque, wooden fence or masonry wall along the entire length (except for approved access crossings); and all improvements are to be located outside any public right-of-way and interior to a minimum twenty-foot landscape strip or Buffer Yard C, as in Article XXIII.
F. 
If all adjoining properties are used or zoned for other than residential purposes:
(1) 
Property lines not facing a street shall be improved with a minimum six-foot-high, one-hundred-percent opaque solid wooden fence or masonry wall along the entire length, interior to a ten-foot Buffer Yard B, as in Article XXIII.
(2) 
Property lines facing a street shall be provided with a minimum twenty-foot landscape strip or buffer as specified in Article XXII and Appendix E[15] and a minimum six-foot-high, one-hundred-percent opaque wooden fence or masonry wall along the entire length (except for approved access crossings) located outside any public right-of-way and interior to any required landscape strips and/or buffers. In the CC, CB, CV, BP, IG and PEP Zones, a Buffer Yard B shall be required; a Buffer Yard C shall be required in the MX Zone; and a Buffer Yard D shall be required in the IH Zone, as defined in Article XXIII.
[15]
Editor's Note: Appendix E is included as an attachment to this chapter.
G. 
Mini-warehouse facilities within the CB Zone and the CC Zone shall be subject to one of the following two requirements, in addition to Subsections A through F:
(1) 
Mini-warehouse facilities shall be designed and constructed as multilevel facilities, in accordance with the Base Zone Regulations for Commercial Zones, Figure VI-5.[16] Elevators shall be incorporated to facilitate access to upper floors. Front elevations shall be designed to enhance the streetscape consistent with that of a downtown area, advancing the objectives of the Comprehensive Plan and subarea plans in terms of development character as it pertains to town centers; or
[16]
Editor's Note: Figure VI-5 is included as an attachment to this chapter.
(2) 
Mini-warehouse facilities shall be sited in locations removed from the streetfront, to the extent reasonable and practicable, to allow for the location, contiguous to the public road, of uses that are appropriate to the objectives of the CB Zone, CC Zone, Comprehensive Plan and subarea plans.
(117) 
7.02.240 Storage of petroleum products. This use is permitted by special exception in the IG, IH and PEP Zones, provided that the following standards are met:
A. 
No tank shall be permitted above ground within 300 feet of any school, hospital or church.
B. 
The FAR established for the zone will apply to the area of the storage vessel.
C. 
For storage area which is closed or not operated for a continuous period of 12 months, the site shall be restored to its previous condition.
D. 
Applicable federal and state laws and regulations shall be followed.
E. 
No tank shall be permitted near railroad tracks. (See Article II.)
F. 
A site plan shall be submitted for approval to the Board of Appeals at the time of filing of the application showing the following:
(1) 
Setback area, including screening and fencing.
(2) 
Existing and proposed structures and major mechanical equipment.
(3) 
Proposed access roads.
(4) 
Water supply and sewage disposal.
(5) 
All necessary pollution control measures.
(6) 
Stockpile area.
(7) 
Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter.
(8) 
A traffic and road condition study to determine the adequacy of the road network and the structural elements serving the site for truck traffic to be generated by the use.
(118) 
7.02.300 Parking of vehicles or storage of equipment outside enclosed structures where vehicles or equipment are owned and used by the person making use of the lot and parking or storage occupies more than 75% of the developed area, contractor's yard. This use is permitted by special exception in the CV, CC, BP and MX Zones, subject to the following:
A. 
The site plan shall show that the proposed parking or storage area shall be fully screened from view to motorists on a collector or arterial roadway.
B. 
Any storage area abutting a residential zone must be screened with Buffer Yard E as set forth in Articles XXII and XXIII.
C. 
Such parking facilities shall be used solely for the parking of vehicles in operating condition.
(119) 
7.02.410 Parking of one motor vehicle greater than 15,000 pounds gross vehicle weight. This use is permitted with conditions in the AC Agricultural Conservation Zone, RC Rural Conservation Zone, and RR Rural Residential Zone, and permitted by special exception in the RV Zone, subject to the following:
[Added 2-22-2000 by Ord. No. 00-10]
A. 
Minimum area: three acres or any parcel considered a legal lot of record in existence prior to October 1, 1992.
B. 
One motor vehicle greater than 15,000 pounds manufactured rated gross vehicle weight permitted for operation on public roads is allowed as accessory to a principal residential use.
C. 
The vehicle shall be parked behind the principal dwelling on a gravel or hard surface area.
D. 
No major mechanical repairs or maintenance of the vehicle may be performed on the subject property.
E. 
The vehicle is to be parked or left standing a minimum of 100 feet from any property line.
F. 
A Buffer Yard E, including a buffer yard structure, will be required prior to the vehicle being parked on the premises.
G. 
Access shall be directly from a County- or state-maintained road. No trucks may be allowed to be parked on any lot where the access is located on privately owned road and/or shared access driveways.
H. 
Trucks shall not constitute a nuisance due to excessive noise. Trucks without mufflers or trucks that do not meet manufactured recommended exhaust system are presumed to be a nuisance and not in compliance with this subsection. Trucks with refrigeration units will not be permitted unless it can be demonstrated that the noise standards for industrial uses set forth in § 297-32 are met.
I. 
Trucks shall not contain junk, solid waste, hazardous substances or noxious materials, including petroleum products.
J. 
One or more trucks may be parked on a parcel in the AC, RC and RR Zones if the property was being used for the parking of trucks on or before May 3, 1999, provided that all the requirements in Subsections A and C through J above are met. Proof of such use must be submitted to the Zoning Officer on or before June 30, 2000, and acknowledged by the Zoning Officer. This provision does not negate the need of a special exception in the RV Zone.
(120) 
7.02.420 Parking of more than one motor vehicle greater than 15,000 pounds gross vehicle weight. This use is permitted by special exception as an accessory to a principal residential use in the RR Rural Residential, AC Agricultural Conservation. RV Village Residential and RC Rural Conservation Zones subject to Subsections A and C through I for Use 7.02.410. Parking of one motor vehicle greater than 15,000 pounds gross vehicle weight.
[Added 2-22-2000 by Ord. No. 00-10]
(121) 
7.03.000 Scrap materials, salvage yards, junkyards and automobile graveyards. These uses are permitted by special exception in the IG and IH Zones, provided that the following standards are met:
A. 
All facilities shall be screened from view with a minimum six-foot-high, one-hundred-percent opaque solid fence or wall along all property lines, except for approved access crossing and utility easements. Such fence or wall shall be located interior to any required buffer or landscape strip and shall present a finished side to the exterior property line(s).
B. 
Vehicles shall not be stacked so that they are visible from any adjacent properties.
(122) 
7.04.100 Research facilities and laboratories without processing of materials. This use is permitted by special exception in the AC, RC and CC Zones, subject to the following:
A. 
The minimum area shall be 25 acres.
B. 
Structures erected or to be used shall not be less than 100 feet from any external property line.
C. 
Such use shall be confined to a structure(s).
D. 
Off-street parking shall not be less than 100 feet from any external property line.
E. 
Goods or products are manufactured or processed only to the extent necessary for testing, evaluation and test marketing to reach a commercialization decision and permit transfer to full-scale manufacturing facilities.
F. 
If located in a CC Zone, the special exception use is limited to the manufacture or processing of goods or products only to the extent necessary for testing, evaluation and test marketing to reach a commercialization decision and permit transfer to full-scale manufacturing facilities.
(123) 
7.04.200 Research facilities and laboratories with processing or manufacturing of materials. This use is permitted by special exception in the CC, CER, WC and AUC Zones, if the following requirements are met:
[Amended 7-25-2005 by Bill No. 2005-01; 10-22-2008 by Bill No. 2008-21; 4-13-2010 by Bill No. 2010-02]
A. 
All goods or products processed or manufactured will be within an enclosed building with no visible signs of the processing or manufacturing from the exterior.
B. 
No outside storage of materials is permitted.
C. 
The performance standards contained in Article II are satisfied.
(124) 
7.04.210 Energetics research and development. This use is permitted with conditions in the Planned Employment and Industrial Park (PEP) Zone, provided that the following requirements are met:
[Added 10-22-2008 by Bill No. 2008-21]
A. 
Required to be located within a technology park that is associated with a military research/development facility.
B. 
Required to comply with all state and federal government regulations regarding energetics research and development.
(125) 
7.05.110 Surface mining of more than 10 acres. This use is permitted by special exception in the AC, RC, RR, RL, RM, RH, CN, CC, CV, BP, IG, IH, PEP, MX, PMH and TOD Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
Compliance with all applicable local, state or federal laws, regulations or permitting requirements.
B. 
The approved portion of the tract shall have a buffer to be retained in its natural topographic condition, undisturbed by excavation of mining for a minimum of 100 feet in width. The setback area shall not be used for any purpose except planting, fencing and roads for ingress and egress to the tract. This setback shall be increased to 250 feet if adjoining homes are within 250 feet of the approved portion of the tract. The Board of Appeals may establish wider setbacks as warranted to protect the surrounding community.
C. 
The height of structures below the maximum allowed and any man-made land form may be limited by the Board.
D. 
Equipment for washing, sorting, crushing, grinding, loading, unloading, spreading, weighing, screening, sizing or similar operations shall not be located within 750 feet of an existing home. Any such use shall be at least 300 feet from any property line, except that the Board may permit sedimentation ponds to be closer than 300 feet but not closer than 100 feet to such property line if the applicant demonstrates the topographic necessity of such a location and that sufficient safeguards will be provided for the protection of neighboring residents and uses.
E. 
All operations shall be conducted in a safe manner to prevent hazards to persons, physical or environmental damage to lands and improvements or damage to any street, bridge or public right-of-way. All operations must conform to the performance standards contained in Article II, §§ 297-32 and 297-33, established for the IG Zone.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100]
F. 
Existing trees and ground cover along public road frontage and lot lines shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and ground cover.
G. 
Buffer areas around environmental features shall be consistent with the standards established by the Resource Protection Overlay Zone. No disturbance or grading shall occur within these buffer areas.
H. 
Excavated area shall be maintained thoroughly drained, except for draining and ponding areas which are used for production.
I. 
Roads in the permit area for ingress and egress from excavation areas to public roads shall not be less than 20 feet wide and shall be hard-surfaced and maintained for a distance of 150 feet from the public road into the excavation area. All other roads shall be treated as needed with a preventative to control dust. For any roads which cross a utility right-of-way, the applicant shall obtain a permit for the crossing from the utility company and shall submit copies of the permit with the special exception application.
J. 
The Board of Appeals shall limit the permit to operate such quarry to a specific expiration date.
K. 
Operation hours for excavation processing and filling operations will be established by the Board and shall be restricted to no more than nine hours daily between 6:00 a.m. and 4:00 p.m., except that Saturday operations may be permitted between 7:00 a.m. and 3:00 p.m. No blasting shall be permitted between the hours of 6:00 a.m. and 7:30 a.m. No operation shall be permitted on Sundays except for repairs to equipment. The Board may further limit hours of operation based on the impact of traffic and operations on the surrounding community.
L. 
Truckloads.
(1) 
The maximum number of truckloads hauled from a site shall not exceed the following:
Site
Loads Per Day
Mining site of more than 100 acres
20 to 200
Mining site of 51 to 100 acres
20 to 150
Mining site less than 51 acres
100 or less
(2) 
The Board may reduce the maximum loads per day after weighing factors such as haul roads, routes, traffic patterns, number of trucks, nature of the community and proximity to schools, churches, businesses and inhabited dwellings.
M. 
A site plan shall be submitted for approval to the Board at the time when the application is filed, showing the following:
(1) 
Setback area, including screening and fencing. The Board shall consider fencing for protection of pond areas, particularly when adjacent to residential communities.
(2) 
The portion of tract, if any, actually being excavated and proposed excavation areas.
(3) 
Existing and proposed structures and major mechanical equipment.
(4) 
Existing and proposed access roads.
(5) 
Water supply and sewage disposal.
(6) 
All necessary pollution control measures.
(7) 
The stockpile area.
(8) 
Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter.
(9) 
A traffic and road condition study to determine the adequacy of the road network and the structural elements serving the site for truck traffic to be generated by the quarry.
(10) 
Environmental features, including topography, steep slopes, hydric and erodible soils, wetlands, one-hundred-year floodplain and forested areas.
(11) 
Historic resources, including sites not previously cataloged, shall be identified and a description provided of how these resources will be protected.
(12) 
The Board may request that an environmental impact analysis of an application be conducted by the applicant and submitted to the County staff for review and comment.
(126) 
7.05.120 Surface mining of less than 10 acres. This use is permitted by special exception in the AC, RC, RR, RL, RM, RH, CN, CC, CV, BP, IG, IH, PEP, MX, PMH and TOD Zones, subject to the following:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
Only one area of less than 10 acres may be disturbed on a single tract or parcel of land.
B. 
Compliance with all applicable local, state or federal laws, regulations or permitting requirements.
C. 
The approved portion of the tract shall have a peripheral area to be retained in its natural topographic condition, undisturbed by excavation of mining for a minimum of 100 feet in width. The setback area shall not be used for any purpose except planting, fencing and roads for ingress and egress to the tract. This setback shall be increased to 250 feet if adjoining homes are within 250 feet of the approved portion of the tract. The Board of Appeals may establish wider setbacks as warranted to protect the surrounding community.
D. 
No processing of product shall be permitted on site.
E. 
All operations shall be conducted in a safe manner to prevent hazards to persons, physical or environmental damage to lands and improvements and damage to any street, bridge or public right-of-way. All operations must conform to the performance standards contained in Article II, §§ 297-31, 297-32 and 297-33.
F. 
Existing trees and ground cover along public road frontage and lot lines shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and ground cover.
G. 
Buffer areas around environmental features shall be consistent with the standards established by the Resource Protection Overlay Zone. No disturbance or grading shall occur within these buffer areas.
H. 
The Board of Appeals shall limit the time of the permit to operate such quarry to a specific expiration date.
I. 
Operation hours for excavation processing and filling operations will be established by the Board and shall be restricted to no more than nine hours daily between 6:00 a.m. and 4:00 p.m., except that Saturday operations may be permitted between 7:00 a.m. and 3:00 p.m. No blasting shall be permitted between the hours of 6:00 a.m. and 7:30 a.m. No operation shall be permitted on Sundays except for repairs to equipment. The Board may further limit hours of operation based on the impact of traffic and operations on the surrounding community.
J. 
The maximum number of truckloads hauled from a site shall not exceed 50 loads per day. The applicant shall show the proposed haul routes. The Board may reduce the maximum loads per day after weighing factors such as haul roads, routes, traffic patterns, number of trucks, nature of the community and proximity to schools, churches, businesses and inhabited dwellings.
K. 
A site plan shall be submitted for approval to the Board at the time when the application is filed, showing the following;
(1) 
Setback area, including screening and fencing. The Board shall consider fencing for protection of pond areas, particularly when adjacent to residential communities.
(2) 
The portion of tract, if any, actually being excavated and proposed excavation areas.
(3) 
Existing and proposed access roads.
(4) 
The stockpile area.
(5) 
Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter.
(6) 
Wetlands and one-hundred-year floodplain.
(7) 
Historic resources, including sites not previously cataloged, shall be identified and a description provided of how these resources will be protected.
(127) 
7.05.200 Wells for oil, natural gas or petroleum. This use is permitted by special exception in the AC, RC, RR, RL, RM, RH, CN, CC, CV, BP, IG, IH, PEP, MX, PMH and TOD Zones, subject to the following conditions:
[Amended 10-25-1999 by Ord. No. 99-92]
A. 
The minimum area shall be five acres.
B. 
Any such operation shall be located at least 150 feet from any property line. Any existing vegetation that exists in this setback shall be maintained in its natural state except for ingress and egress from the site.
C. 
If extracted resources are to be removed by truck, then the applicant shall submit a traffic study which will evaluate the impact of the anticipated traffic on the surrounding road network and the ability of this network to handle this additional traffic generated by this use.
D. 
The Board of Appeals may establish a time limit on such an approval, at which time the applicant must apply for renewal of the special exception after consideration by the Board.
E. 
The site must be sufficiently bermed to protect the surrounding area from any potential spills or blowouts. In addition to the berms, there shall be equipment on site sufficient to construct and maintain a backup containment system in the event that it becomes necessary.
F. 
The disposal of any and all contaminated material collected at this site shall be at a legally regulated and authorized facility for acceptance of such materials requiring disposal.
G. 
There shall be a reclamation plan submitted with the application that will indicate how the site will be handled when operations cease. The site grade shall be returned to its predevelopment state and vegetation planted unless the site is under development for another use.
H. 
Any such use shall conform with the standards contained in Article II.
I. 
All necessary County, state and federal licenses and permits shall be obtained and maintained for the site. All applicable laws, rules, regulations and ordinances shall be complied with.
(128) 
7.06.000 Pozzolan management facility.
[Added 2-13-1996 by Ord. No. 96-7]
A. 
This use is permitted by special exception in the AC, RC, IG and IH Zones subject to the following:
(1) 
Minimum area: 20 acres when the site is in the IG or IH Zone and is completely surrounded by the IG, IH or BP Zone. Fifty acres when the site is in the AC, RC, IH or IG Zone and not completely surrounded by the IG, IH or BP Zone.
(2) 
The Board of Appeals will establish a maximum time limit on the approval of the application. Extensions of specific periods may be granted if a new special exception is applied for and no substantial adverse impact is found in the continuation of the use.
(3) 
All fixed installations shall be located at least 750 feet from any existing homes and shall not be less than 300 feet from any property line. However, in the case where the site is completely surrounded by the IG, IH or BP Zone, the fixed installations shall not be less than 100 feet from any property line.
(4) 
Roads for ingress and egress from the site to public roads shall not be less than 20 feet wide and shall be hard-surfaced, and shall be maintained for a distance of 150 feet from the public road into the site. All other roads shall be treated as needed to control dust. For any roads which cross a utility right-of-way, the applicant shall obtain a permit for the crossing from the utility company and shall submit copies of the permit with the special exception petition.
(5) 
Operation hours shall be established by the Board. The Board may establish hours of operation based on the impact of noise, traffic and operation of the use on the surrounding community.
(6) 
A site plan shall be submitted for approval to the Board with the application, showing the following:
(a) 
Setback area, including screening and fencing.
(b) 
Portion of tract being used.
(c) 
Existing and proposed structures and major mechanical equipment.
(d) 
Existing and proposed access roads.
(e) 
Water supply and sewage disposal.
(f) 
All necessary pollution control measures.
(g) 
Stockpile areas and height.
(h) 
Points of access to the site and provisions to control unauthorized entry to the site along the entire perimeter.
(i) 
A traffic and road condition study to determine the adequacy of the road network and the structural elements serving the site for truck traffic to be generated by the operation.
(j) 
Environmental features, including steep slopes, hydric and erodible soils, wetlands, one-hundred-year floodplain and forested areas.
(k) 
Historic and archeological resources, including sites not previously identified, shall be identified and described as to how these resources will be preserved.
(l) 
The Board may request that an environmental impact analysis be submitted by the applicant.
(m) 
All operations on site, including outdoor storage of machinery and equipment, may be required to be screened from any adjoining land or public street. The applicant shall submit plans showing the location and type of any proposed screening material.
(n) 
Leachate collection system discharge point shall be shown if applicable to the site.
(7) 
All operations shall be conducted in a safe manner with respect to hazard to persons and physical or environmental damage to lands and improvements, and all operations shall minimize damage to any street, bridge or public right-of-way. The special exception permit holder shall immediately report to the Board any non-pozzolan residuals in the material being landfilled. The landfilling of such residuals may be ground for suspension or revocation of the special exception. The escape of any pollutants into the air, groundwater or surface water beyond the site shall require immediate disclosure to the appropriate state regulating agencies and may be grounds for suspension or revocation of the special exception.
(8) 
The applicant must demonstrate conformance with the standards in Article II, §§ 297-31 through 297-34.
(9) 
A sediment and erosion control plan shall be reviewed and approved by the Charles County Soil Conservation District.
(10) 
A post-use land reclamation plan reviewed by the Charles County Soil Conservation District and approved by the Charles County Department of Planning and Growth Management is required prior to the commencement of any activity on site.
(11) 
There shall be no landfilling within a minimum of 200 feet of any surface water, including springs, seeps or intermittent streams. This buffer shall be modified for steep slopes and soil conditions in the same manner as the Resource Protection Zone is modified in Article XI. Any existing pozzolan management facilities are exempt from this requirement; however, the expansion or extension of any existing facility must comply.
(12) 
Loads; hauling.
(a) 
The maximum number of truck loads hauled to or from a site shall not exceed the following:
[1] 
Site of more than 100 acres: 20 to 200 loads per day.
[2] 
Site of 51 to 100 acres: 20 to 150 loads per day.
[3] 
Site less than 51 acres: 100 loads per day or less.
(b) 
The Board may reduce the maximum loads per day after weighing factors such as haul roads, routes, traffic patterns, number of trucks, nature of the community and proximity to schools, churches, businesses and inhabited dwellings.
(c) 
The pozzolan must be hauled wet so as to prevent any airborne material from escaping from the container.
(d) 
In the case of sites adjoining or in close proximity to the generation plant, hauling on public roads shall be minimized.
(13) 
A plan to reclaim or mine the pozzolan may be included and approved with the application. An approval to reclaim or mine the pozzolan shall expire five years from the date of approval unless renewed as specified in § 297-415. If mining the pozzolan is not approved as part of the original application, a mining plan may be submitted subsequently as a modification to the special exception, provided that all the submittal requirements of Use 7.05.110, Surface mining of more than 10 acres, are met.
(14) 
Only pozzolan created as a by-product of a power generation facility located in Charles County may be utilized by pozzolan management facilities located in the County.
(15) 
Compliance with all applicable local, state or federal laws, regulations or permitting requirements including § 7-464 of the Natural Resources Article, Annotated code of Maryland, as amended.[17] No special exception for a pozzolan management facility shall be valid unless all necessary operating permits are obtained, including an NPDES permit, if necessary.
[17]
Editor's Note: See now Environment Article, § 15-407.
(129) 
7.07.000 Alternative energy systems.
[Added 5-6-2014 by Bill No. 2014-02]
(130) 
7.07.100 Solar energy system, small. A small solar energy system shall be permitted with conditions in all zones. As an accessory use to a residentially or commercially developed property, provided that the following requirements are met:
[Added 5-6-2014 by Bill No. 2014-02]
A. 
Energy. The energy generated by the small solar energy system shall be used for direct consumption on the subject property and/or for inter-connection to the electric utility power grid to offset energy use on the subject property, in accordance with current state net-metering laws.
B. 
The construction of the small solar energy system shall be in accordance with an approved building permit application. If the small solar energy system is to be inter-connected to the local utility power grid, a copy of the conditional approval from the local utility must be provided prior to or at the time of application for the required building permit.
C. 
Setbacks. Ground-mounted small solar energy systems shall be installed within the side and rear setback lines as required by the zone in which the property is located. Off-grid/stand-alone systems that provide power for outdoor lighting purposes are exempt from this requirement, such as street lights, traffic signals and roadway signage among others.
D. 
Ground-mounted small solar energy systems:
(1) 
The total height of the solar energy system, including any mounts, shall not exceed 10 feet above the ground when orientated at maximum tilt. If the solar energy system is intended to provide power for outdoor lighting, the system shall not extend higher than the permitted height of the structure to which it is attached and/or inter-connected to.
(2) 
Shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions. Designs for wind and solar rack systems must be signed by a licensed professional engineer, and pole and rack designs must be consistent with current code for structures to ensure compliance with load path, uplift, and wind design requirements.
(3) 
Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.
(4) 
Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road, when it creates a nuisance or safety hazard.
(5) 
It shall be demonstrated that the small solar energy system 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 historic resources.
(6) 
Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for inter-connection to system components and/or the local utility power grid.
(7) 
No ground-mounted small solar energy systems shall be affixed to a block wall or fence.
E. 
Roof-mounted small solar energy systems:
(1) 
Roof-mounted small solar energy systems shall include integrated solar shingles, tiles, or panels as the surface layer of the roof structure, with no additional apparent change in relief or projection (the preferred installation), or separate flush or frame-mounted solar panels attached to the roof surface.
(2) 
Separate flush or frame-mounted small solar energy systems installed on the roof of a building or structure shall not:
(a) 
Project vertically above the peak of the sloped roof to which it is attached; or
(b) 
Project vertically more than five feet above a flat roof installation (defined as a roof with a pitch of less than one to five vertical: horizontal).
(3) 
The combined height of a roof-mounted system and the principal structure to which it is attached may not exceed the maximum height for the relative zone in which it is located, as described in Article VI.
(4) 
Access and egress shall be provided to the roof and pathways on the roof.
(5) 
Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road when it creates a nuisance or safety hazard.
F. 
Appearance.
(1) 
Appearance, color, and finish. The small solar energy system shall remain painted or finished with the color or finish which was originally applied by the manufacturer, or color to match the exterior of the home on which the solar system is mounted.
(2) 
All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, on a small solar energy system shall be prohibited. Not more than two manufacturer labels bonded to or painted upon the solar energy system shall be permitted.
G. 
Code compliance. A small solar energy system shall comply with all applicable Construction and Electrical Codes.
H. 
Utility notification and inter-connection. Small solar energy systems that connect to the electric utility power grid shall comply with all utility notification requirements. A copy of the signed certificate of completion from the electric utility will be required prior to issuance of the use and occupancy permit for the system.
I. 
When batteries are included as part of the small solar energy system, they must be placed in a secure container or enclosure, per manufacturer specifications, and meet the requirements of the Maryland Building and Electrical Codes when in use. When batteries are no longer in use or functional, they shall be disposed of or recycled in accordance with the laws and regulations of Charles County and other applicable laws and regulations. Battery systems shall be appropriately screened from view.
J. 
All obsolete or unused systems shall be removed within 12 months of cessation of operations without cost to the County. Reusable components are to be recycled whenever possible.
K. 
Violations. Subsequent to the effective date of this Subsection (130), it is unlawful for any person to construct, install, or operate a small solar energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter.
(131) 
7.07.200 Solar energy system, large. Large solar energy systems are permitted as a special exception in all zones, provided that the following requirements are met:
[Added 5-6-2014 by Bill No. 2014-02]
A. 
Energy. The electricity generated by the large solar energy system shall be sold for-profit to a wholesale electricity market through a regional transmission organization and an inter-connection with the local utility power grid and/or for direct distribution to a number of properties and consumers.
B. 
The construction of the large solar energy system shall be in accordance with an approved building permit application. If the large solar energy system is to be inter-connected to the local utility power grid, a copy of the conditional approval from the local utility must be provided prior to or at the time of application for the required building permit.
C. 
Setbacks. Ground-mounted large solar energy systems shall be set back a minimum of 50 feet from any property line.
D. 
Ground-mounted large solar energy systems:
(1) 
The total height of the solar energy system, including any mounts, shall not exceed 25 feet above the ground when orientated at maximum tilt.
(2) 
Shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components and withstand adverse weather conditions.
(3) 
Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.
(4) 
Shall be fully screened from adjoining properties and adjacent roads by a buffer yard D. Location of this buffer yard must take shading into account so it does not affect the system's efficiency. Appropriate fencing shall be provided for safety.
(5) 
Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road when it creates a nuisance or safety hazard.
(6) 
It shall be demonstrated that the large solar energy system 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 historic resources.
(7) 
Any electrical wiring used in the system shall be underground (trenched) except where wiring is brought together for inter-connection to system components and/or the local utility power grid.
(8) 
No ground-mounted large solar energy systems shall be affixed to a block wall or fence.
E. 
Roof-mounted large solar energy systems.
(1) 
Roof-mounted large solar energy systems shall include integrated solar shingles, tiles, or panels as the surface layer of the roof structure, with no additional apparent change in relief or projection (the preferred installation), or separate flush or frame-mounted solar panels attached to the roof surface.
(2) 
Separate flush or frame-mounted large solar energy systems installed on the roof of a building or structure shall not:
(a) 
Project vertically above the peak of the sloped roof to which it is attached; or
(b) 
Project vertically more than eight feet above a flat roof installation.
(3) 
The combined height of a roof-mounted system and the principal structure to which it is attached may not exceed the maximum height for the relative zone in which it is located, as described in Article VI.
(4) 
It shall be demonstrated that the placement of the system shall not adversely affect safe access to the roof, pathways to specific areas of the roof, and safe egress from the roof.
(5) 
Any glare generated by the system must be mitigated or directed away from an adjoining property or adjacent road, when it creates a nuisance or safety hazard.
F. 
Appearance.
(1) 
Appearance, color, and finish. The large solar energy system shall remain painted or finished in the color or finish which was originally applied by the manufacturer.
(2) 
All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, on a large solar energy system shall be prohibited. Not more than two manufacturer labels bonded to or painted upon the solar energy system shall be permitted.
G. 
Code compliance. A large solar energy system shall comply with all applicable Construction and Electrical Codes.
H. 
Utility notification and inter-connection. Large solar energy systems that connect to the electric utility power grid shall comply with all utility notification requirements. A copy of the signed certificate of completion from the electric utility will be required prior to issuance of the use and occupancy permit for the system.
I. 
When batteries are included as part of the large solar energy system, they must be placed in a secure container or enclosure, per manufacturer specifications, and meet the requirements of the Maryland Building and Electrical Codes when in use. When batteries are no longer in use or functional, they shall be disposed of or recycled in accordance with the laws and regulations of Charles County and other applicable laws and regulations. Battery systems shall be appropriately screened from view. Specialty-built buildings for battery storage are permitted for large projects.
J. 
All obsolete or unused systems shall be removed within 12 months of cessation of operations without cost to the County. Reusable components are to be recycled whenever possible.
K. 
Violations. Subsequent to the effective date of this Subsection (131), it is unlawful for any person to construct, install, or operate a large solar energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter.
L. 
Each application shall comply with the requirements of Natural Resources Article § 8-1808.1, COMAR Title 27, and the Charles County Critical Area Program. A growth allocation may be required for projects located within the Resource Conservation Zone.
(132) 
7.07.300 Wind energy system, small. A small wind energy system shall be permitted with conditions in all zones, as an accessory use to a residentially or commercially developed property, provided that the following requirements are met:
[Added 5-6-2014 by Bill No. 2014-02]
A. 
The electricity generated by the small wind energy system shall be used for direct consumption on the subject property and/or for inter-connection to the electric power grid to offset energy on the subject property, in accordance with current state net-metering laws.
B. 
The construction of the small wind energy system shall be in accordance with an approved building permit application. If the small wind energy system is to be inter-connected to the local utility grid, a copy of the conditional approval from the local utility must be provided prior to or at the time of application for the required building permit.
C. 
Setbacks.
(1) 
A wind tower for a small wind energy system shall be set back a distance equal to its total tip height (the distance from the base of the structure to the highest point of the rotor) plus five feet from:
(a) 
Any state or County right-of-way or the nearest edge of a state or County roadway, whichever is closer;
(b) 
Any shared right of ingress or egress on the owner's property;
(c) 
Any overhead utility lines;
(d) 
All property lines; and
(e) 
Any existing guy wire or anchor on the property.
(2) 
Guy wire anchors shall not extend closer than 10 feet to any property line.
(3) 
For roof-mounted systems, the minimum required setbacks for the structure to each applicable property line, as measured from the base of the mounted wind energy structure, shall be the minimum setback required for an accessory structure plus 15 feet. No roof-mounted small wind energy system shall be permitted on a duplex, townhouse, or multifamily residential structure.
D. 
The exposed blade tip of any ground-mounted wind turbine shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the exposed blades. The exposed blade tip of any roof-mounted wind turbine shall, at its lowest point, have clearance of no less than eight feet above the base of the structure. For wind turbines without exposed blades, the ground clearance shall be as determined appropriate by the manufacturer.
E. 
The combined height of a roof-mounted system and the principal structure to which it is attached may not exceed the maximum height for the relative zone as described in Article VI. The combined height shall not exceed the maximum height by more than five feet in Commercial and Industrial Zones.
F. 
Access.
(1) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(2) 
The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 10 feet above the ground.
G. 
Electrical wires. Electrical controls and control wiring and power lines shall be wireless or underground except where small wind energy system wiring is brought together for inter-connection to the transmission or distribution network, adjacent to that network.
H. 
Lighting and appearance.
(1) 
A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA) or other applicable authority.
(2) 
Appearance, color, and finish. The wind generator and wind tower shall remain painted or finished the color or finish which was originally applied by the manufacturer.
(3) 
All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, on a wind generator, wind tower, building, or other structure associated with a small wind energy system shall be prohibited. Not more than two manufacturer labels bonded to or painted upon the small wind energy system shall be permitted.
I. 
Code compliance.
(1) 
A small wind energy system, including wind tower, shall comply with all applicable Building and Electrical Codes.
(2) 
A small wind energy system must comply with regulations of the Federal Aviation Administration (FAA), if applicable, including any necessary approvals for installations close to airports.
J. 
All supporting towers for a small wind energy device shall be specifically engineered to support a wind turbine. The use or modification of a supporting tower originally designed for a telecommunication antenna as a supporting tower for a small wind energy system shall be permitted. Supporting towers constructed of aluminum shall be prohibited. Coordination with the owner of the tower shall be required to prevent any interference with existing equipment on the tower.
K. 
It shall be demonstrated that the small wind energy system 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 historic resources.
L. 
A small wind energy system shall comply with the noise limitations contained in the Code of Charles County, Chapter 260, Noise Control; however, the noise limitations may be exceeded during short-term events such as utility outages and/or severe windstorms. Compliance with Chapter 260 shall be demonstrated with either sound pressure levels provided by the manufacturer or noise contours prepared by a licensed engineer or a qualified professional noise analyst.
M. 
Utility notification and inter-connection. Small wind energy systems that connect to the electric utility power grid shall comply with all utility notification requirements. A copy of the signed certificate of completion from the electric utility will be required prior to issuance of the use and occupancy permit for the system.
N. 
All obsolete or unused facilities shall be removed within 12 months of cessation of operations without cost to the County. Reusable components are to be recycled whenever possible.
O. 
Violations. Subsequent to the effective date of this Subsection (132), it is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter.
P. 
Variances. For variances to the standards contained herein, the Board of Appeals may require wind speed measurements, sound pressure level measurements, signed easements from adjacent property owners, or any other information deemed necessary by the Board. When required, weighted sound noise pressure levels shall be measured with a C-weighted filter.
(133) 
7.07.400 Wind energy system, large. Large wind energy systems are permitted as a special exception in all zones subject to the same conditions as specified in Use 7.07.300, Subsection (132) B through P, as well as:
[Added 5-6-2014 by Bill No. 2014-02]
A. 
Energy. The electricity generated by the large wind energy system shall be sold for-profit to a wholesale electricity market through a regional transmission organization and an inter-connection with the local utility power grid, and/or for direct distribution to a number of properties and consumers.
(1) 
The total height of the large wind energy system shall not exceed 150 feet.
(2) 
Insurance. Proof of the applicant's public liability insurance is required prior to issuance of the use and occupancy permit for the system.
B. 
Each application shall comply with the requirements of Natural Resources Article § 8-1808.1, COMAR Title 27, and the Charles County Critical Area program. A growth allocation may be required for projects located within the Resource Conservation Zone.
[1]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.