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
|
|---|---|
|
Agricultural processing facility, local
[Added 11-28-2017 by Bill
No. 2017-07] |
7.08.110
|
|
Agricultural processing facility, local, slaughterhouse
[Added 11-28-2017 by Bill
No. 2017-07] |
7.08.120
|
|
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 assembly and repair of all equipment normally used
in agriculture
[Added 11-28-2017 by Bill
No. 2017-07] |
1.01.430
|
|
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
|
|
Farm incubator
[Added 11-28-2017 by Bill
No. 2017-07] |
1.01.800
|
|
Fertilizer mixing plants
|
7.01.260
|
|
Flex space
[Added 9-28-2021 by Bill No. 2021-08] |
9.01.100
|
|
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
|
|
Movie theaters, theaters, coliseums and stadiums with seating
capacity of up to 1,000
[Added 11-28-2017 by Bill
No. 2017-07] |
4.02.122
|
|
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
|
|
Processing facility/transfer station (solid waste)
[Added 10-5-2021 by Bill No. 2021-04] |
7.03.100
|
|
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
|
|
Small-scale craft winery
[Added 11-28-2017 by
Bill No. 2017-07] |
6.02.500
|
|
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, consolidated
[Added 10-2-2018 by Bill
No. 2018-06] |
7.02.250
|
|
Storage and distribution of local agricultural products
[Added 11-28-2017 by
Bill No. 2017-07] |
7.08.200
|
|
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 with conditions in the following zones: AC,
RC, WCD, RR, RV, RL, RM, RH, RO, CN, CC, CB, CV, IG, IH, PRD, PEP,
and PMH Zones. However, any and all areas of animal confinement less
than one acre, manure storage or feed storage shall be a minimum distance
of 75 feet from any public right-of-way 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; 4-13-2021 by Bill No. 2021-01]
(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.
(3.1)
1.01.430 Commercial assembly and repair of
all equipment normally used in agriculture. This use is permitted
with conditions in the HVC, HVG, and HVE Subzones, subject to the
following standards:
[Added 11-28-2017 by
Bill No. 2017-07]
A.
Minimum lot area: 20,000 square feet.
B.
All activity and storage of parts shall occur entirely within
a completely enclosed building.
C.
Any equipment storage shall be temporary, in side or rear yards,
and screened from adjacent properties.
D.
Bay entrances and garages may not face the street, bay entrances
on a side wall must be set back at least 15 feet from the front facade.
Any wall opening must be in a wall 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.
E.
The building shall provide a finished front facade with a primary
entrance facing the public street frontage.
F.
No building or structure shall be located in any required yard
or setback.
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.
I.
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.
(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.
(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]
(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:
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.
(7.1)
1.01.800 Farm incubator. This use is permitted
with conditions in the HVG and HVE Subzones, subject to the following
standards:
[Added 11-28-2017 by
Bill No. 2017-07]
A.
Minimum lot area: five acres.
B.
Structures shall be compatible in scale, proportion and massing
with other structures in the vicinity.
C.
Farm equipment shall be stored within buildings or screened
from residential properties.
D.
Minimum setbacks for structures used for agricultural operations
or storage (such as barns, equipment storage and maintenance shops,
and similar structures):
(8)
1.03.120 Open-air produce markets. This use is permitted
with conditions in the WCD, AC, RC and RR Zones, provided that the
following requirements are met:
[Amended 6-6-2017 by Bill
No. 2017-03]
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:
(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.
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.
(13.1)
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]
(14)
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.
H.
This use is also permitted with conditions in the HVC, HVG and
HVE Subzones, subject to the following standards:
[Added 11-28-2017 by
Bill No. 2017-07]
(1)
Only boat sales and repair are allowed, not marinas or boat
rentals.
(2)
Minimum lot area: 20,000 square feet.
(3)
All activity and storage of parts shall occur entirely within
a completely enclosed building.
(4)
Any equipment storage shall be temporary, in side or rear yards,
and screened from adjacent properties.
(5)
Bay entrances and garages may not face the street. Bay entrances
on a side wall must be set back at least 15 feet from the front facade.
Any wall opening must be in a wall 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.
(6)
The building shall provide a finished front facade with a primary
entrance facing the public street frontage.
(7)
No building or structure shall be located in any required yard
or setback.
(8)
A minimum ten-foot-wide landscape strip shall be provided adjacent
to and completely across all property lines. Curb cuts shall be minimized.
(9)
No outdoor display of merchandise sold, serviced or rented is
permitted.
(10)
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.
(14.1)
[1.00.800 Agritourism/ecotourism.] This
use is permitted with conditions in the following zones: AC, RC, WCD,
RR, RV, RL, RM, RH, RO, CN, CC, CB, CV, IG, IH, PRD, PEP, and PMH.
Unless other provisions of this chapter require otherwise, prior to
the commencement of this use, a sketch plan shall be submitted demonstrating
that all conditions have been satisfied. Unless defined elsewhere
in this chapter, a sketch plan is a diagram that relies upon the department's
interactive GIS map or other mapping tool and shows the approximate
location of all property lines, existing structures, location of driveway
access (approximate length and width) and environmental features such
as streams and tree lines. The conditions are as follows:
[Added 4-13-2021 by Bill
No. 2021-01]
A.
All agritourism and/or ecotourism activities must occur on the
same parcel of land as an agricultural operation, unless an adjacent
parcel of land is under common ownership or control, in which case,
agritourism activities may be conducted on the adjacent parcel of
land. However, if either parcel ceases to remain under common ownership
or control, the agritourism activities must be confined to the parcel
of land upon which the agricultural operation is being conducted.
B.
This use shall only be conducted on parcels of land that have
appropriate vehicular ingress and egress to a public road, which requires:
C.
This use shall conform to all chapters of the County Code including,
but not limited to, restrictions placed upon lighting, noise, and
any other feature or effect of the use that would constitute a nuisance
or disturbance in the use and/or enjoyment of adjacent property.
D.
This use shall comply with all requirements of federal, state
and local regulations, including but not limited to nutrient management,
sediment and erosion control.
(15)
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.
F.
This use is also permitted with conditions in the HVG and HVE
Subzones, subject to the following standards:
[Added 11-28-2017 by
Bill No. 2017-07]
(1)
The use shall be conducted entirely within a building, including
all processing and storage of waste.
(2)
The use does not occupy more than 15,000 square feet of area.
(3)
Adequate measures are implemented so that all odors, dust, smoke
or nuisances are confined within the boundaries of the site.
(4)
Design, construction and operation of the facility will meet
the requirements of appropriate state and federal regulatory agencies.
(5)
A waste management plan for storing, handling and disposing
of waste and by-products is required.
(6)
Retail sales are permitted in the Gateway Subzone but not in
the Employment Subzone.
(16)
2.02.200 Seafood processing and seafood operations with
products raised on the premises. This use is permitted with
conditions in the HVG, HVE, AC and RC Zones, subject to the following
requirements:
[Amended 11-28-2017 by Bill No. 2017-07]
(17)
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.
(17.1)
[2.02.300. Shellfish operations.] This
use is permitted with conditions in the AC, RC, and WCD Zones subject
to the following conditions:
[Added 4-13-2021 by Bill
No. 2021-01]
(18)
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:
(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.
(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:
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.
(19)
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.
(20)
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.
(21)
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.
(22)
3.01.600 Single-family detached residential: tenant house. A tenant house is permitted with conditions in the WCD, AC, RC, RR
and RL Zones, provided that:
[Amended 6-6-2017 by Bill
No. 2017-03]
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.
(23)
3.01.700 Single-family detached residential: primary residence
with accessory apartment. This use is permitted with conditions
in the HVC, HVG, HVR, 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; 11-28-2017 by Bill No. 2017-07]
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.
(24)
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, where
applicable.
[Amended 9-21-2021 by Bill No. 2021-02]
(25)
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, CRR, CMR, 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 requirements below. Where the text of
this section may conflict with the Schedule of Zone Regulations contained
in Figures VI-4, VI-7, VI-9, VII-2, VII-3, or VII-5A, the text of
this section shall prevail.
[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; 9-21-2021 by Bill No. 2021-02]
A.
Transitional
provisions.
(1)
Applications for preliminary subdivision plans that include single-family
attached dwelling units, submitted after November 5, 2021, shall be
subject to full compliance with the requirements herein.
(2)
Developments with preliminary subdivision plans submitted as of November
5, 2021 may elect to utilize the revised building materials criteria
of Section 3.02.200F(13)(a) and (b), subject to approval during the
County architectural review process.
(3)
Developments with preliminary subdivision plans submitted as of November
5, 2021 may proceed to completion (i) in full compliance with the
Zoning Ordinance requirements for single-family attached dwelling
units in effect at the time of preliminary subdivision plan submittal
or (ii) in full compliance with the requirements herein.
B.
Planned development zones. This use is permitted in the PRD, MX and TOD Zones subject to all applicable provisions of Article VII, Planned Development Zones.
C.
Minimum
tract size. For the purpose of single-family attached residential
development, a minimum tract size of 10 acres in the RM Zone and five
acres in the RH Zone is required. The minimum tract size for other
zoning districts are established within the base zone and planned
development zone provisions of this chapter.
D.
Single-
family attached residential development in the RM and RH Zones is
subject to the superior design criteria within appendix i of this
chapter.
E.
Landscaping. A landscaping plan and a schedule of planting shall
be included with the major site development 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. Landscaping
proposed to be located on individual lots will be approved during
the County architectural review process.
F.
Building requirements and streetscape relationship. Within the
PUD, WPC, PRD, MX, TOD, CER, CMR and CRR Zones, the following requirements
apply:
(1)
Dwelling units per structure.
(a)
There shall be no more than five dwelling units within a townhouse
structure when averaged throughout a proposed development plan, but
in no case shall more than seven dwelling units be permitted in a
townhouse structure.
(2)
Minimum width of townhouse dwelling units.
(a)
In the PUD, TOD, PRD, CER, CRR, CMR, MX, AUC, WC, and WPC Zones
where no integral garage is provided, or where the integral garage
is in the rear of the unit, the minimum width of a townhouse dwelling
unit shall be at least 16 feet.
(b)
In all other zones, or where the integral garage is in the front
of the unit, the minimum width of a townhouse dwelling unit shall
be at least 18 feet.
(c)
Townhouse structures containing lots of identical width are
prohibited. End unit lots shall be a minimum of four feet wider than
the interior lots.
(3)
Setback between buildings. The minimum distance between any
two unattached dwelling structures is 25 feet. The minimum setback
shall 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.
Sidewalks and walkways providing pedestrian connectivity may be provided
between buildings without meeting the setback.
(4)
Entrances. All primary front or side entrances to a townhouse dwelling
unit shall possess:
(a)
Distinctive entry doors and door frame detailing, such as sidelights,
transoms, pilasters, pediments, and crossheads, or equivalent treatments.
(b)
A combination of enhanced entryway transitions and treatments,
such as walkway pavers, masonry stoops, stair railings, covered porticos,
decorative light fixtures, and other complementary hardscape elements.
(c)
Home address numbers, assigned by 911 addressing, facing the
corresponding street name.
(5)
Decks. Deck designs, material choices, and finishing treatments shall
be consistent throughout a given community and regulated by the County
architectural review process. Unless otherwise approved, all decks
will possess a privacy panel facing the adjacent dwelling unit.
(6)
Off-sets. The minimum off-set between dwelling units in a townhouse
structure is two feet. Masonry veneer provided on the front facade
shall be wrapped to meet the common wall of the adjacent dwelling
unit on interior units and a minimum of two feet on end units.
(7)
Setbacks. In the RM, RH, PRD, MX, TOD, CER, CMR, CRR, WC, and AUC
Zones, front and rear setbacks for single-family attached dwelling
units are listed within the Schedule of Zone Regulations, Figures
VI-4, VI-7, VI-9, VII-2, VII-3, and VII-5A, which are specific to
each individual zone in which this use is permitted.
(8)
Distance to service areas. No dwelling structure shall be closer
than 15 feet to any parking area that is both off-street and off-lot.
(9)
Rear yard access. All dwelling units shall be situated so as
to provide access to the rear yards, via interconnected sidewalks,
hard surface walkways, and/or private roadway.
(10)
End walls shall be articulated with architectural
features which are similar to the details provided on the front facade
and shall be designed such that the front, end, and rear facades are
compatible and contain common design elements in a balanced composition.
All end walls shall have a minimum of two architectural features per
story. High visibility lots where the end walls are prominent shall
be articulated with architectural features which duplicate the details
provided on the front facade.
(11)
Rear walls shall be screened from views of public spaces, such as
recreation areas, streets and parking lots, or articulated with architectural
features which are similar to the details provided on the front facade
and shall be designed such that the front, end and rear facades are
compatible and contain common design elements in a balanced composition.
High visibility lots where rear walls are prominent shall be articulated
with architectural features which duplicate the details provided on
the front facade.
(12)
Above-grade foundation walls. These walls shall
be clad with finish materials compatible with the primary facade materials
or shall be textured or formed to simulate a clad finished material
such as brick, decorative block, or stucco. Finished stucco and stamped
concrete is permitted and shall be of a color compatible with the
primary facade colors. Exposed foundation walls of unclad or unfinished
concrete are prohibited.
(13)
Building materials.
(a)
Material percentage. At least 60% of the exterior of each building
or structure shall consist of brick, stone, or fiber cement siding;
and no more than 40% of the exterior of each townhouse building shall
consist of polymeric or vinyl siding, with no more than 30% being
vinyl.
[1]
These coverage percentages exclude thie surface area of the
exterior windows and doorways.
[2]
Vinyl siding is required to be a minimum mill thickness of 0.44
or higher.
[3]
The front and side elevation of end units that primarily utilize
fiber cement, polymeric or vinyl siding, or are designated as high
visibility lots, shall be provided with a masonry watertable (at least
up to the sill height of the first floor windows) that consists of
brick or stone.
(b)
Color schemes and material selections. All dwelling units in
a single-family attached building shall be designed for distinctiveness
and to minimize color and material repetition such that no adjacent
units are identical in their application. Approval of the color schemes
and material selections will occur during the County architectural
review process.
(c)
Mount Vernon viewshed. If specific lots in a subdivision are
identified as being located in the area of primary concern for the
Mount Vernon viewshed, the Mount Vernon Viewshed Design Guidelines
shall apply in determining the appropriate color schemes.
(14)
Rooflines.
(a)
Roof design shall consider all edges of the roof, including
eaves and gables. An overhang on roof eaves and gable ends of 12 inches,
with fascia board, must be provided unless otherwise approved during
the County architectural review process.
(b)
Front elevation rooflines shall include architectural features
such as dormers or gables on 50% or more of units within a single-family
attached building or structure. Fractions shall be rounded up to the
next whole number.
(c)
Front elevation rooflines supplied with nonfunctional dormers
shall be provided with opaque window film, spandrel glass windows,
or equivalent alterative, to conceal visibility of the interior roof
framing.
(d)
Rooftop decks for outdoor entertainment are permitted subject
to demonstration of compliance with applicable International Building
Code (IBC) or International Residential Code (IRC) regulations and
shall be architecturally integrated into the roofline via decorative
fencing and/or parapet wall.
(15)
Square footage. 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:
G.
Within the WC and AUC Zones:
(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.
H.
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, Adequate Public Facilities Requirements, 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.
I.
Major site development 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-1 of this chapter.[6]
[6]
Editor's Note: Appendix A is included as an attachment to this chapter.
J.
Recreational amenities. A development of this use shall include active recreational facilities, consistent with the requirements established in Figure XIV-3, in § 297-228 of this chapter.
K.
Required
parking.
(1)
Required parking shall be provided for all development of this use in accordance with Figure XX-i, Table of Parking Requirements, located in Article XX of this chapter.
(2)
The parking space requirement for single-family attached residential
dwelling units may be satisfied via some combination of the following:
an on-lot driveway, an integral garage, a detached garage on lot,
or off -lot parking that is within 200 feet of the associated lot
along a designated pedestrian linkage as shown on the corresponding
pedestrian connectivity map.
L.
Visitor
parking.
(1)
A development of this use shall provide additional parking spaces that are specifically designated as visitor parking. The amount of visitor parking provided shall be a minimum of 10% above the total parking requirement per Figure XX-1, Table of Parking Requirements, located in Article XX of this chapter.
(2)
Required visitor parking shall not be counted towards parking requirements
for individual dwelling units.
(3)
Required visitor parking shall not be provided on an individual lot
and will constitute parking available for the use of visitors to any
resident of the development.
M.
Driveways
and garages.
(1)
Driveways must be asphalt, cobblestone, concrete, or masonry pavers,
unless otherwise approved during the County review process. Driveway
aprons accessing public roads must be constructed of materials consistent
with the Charles County standard detail manual.
(2)
All garage doors must possess architectural features such as window
panels separated by mullions, moldings, or speciality hardware. The
use of carriage or other speciality style doors for front loaded garages
are required. Contemporary garage doors, with or without architectural
features, are permitted on a case-by-case basis when proposed as the
uniform design style in a new community. Garage door color shall be
consistent with the dwelling unit material choices and color schemes.
N.
Pedestrian
connectivity. A network of sidewalks and walkways shall be provided,
with appropriate curb ramp and handicap access, which enables safe
and direct pedestrian linkages to on-site amenities, parking, and
nearby off-site services. Multimodal circulation systems shall be
designed to encourage walking, biking, and use of mass transit.
(1)
A preliminary pedestrian connectivity map and index for a given development
is required to be supplied at time of preliminary subdivision plan
application, which illustrates the following:
(a)
Achievable internal and external linkages. The map shall identify
all schools, parks, and shopping areas within one-half-mile radius
of the site with the location of all existing and proposed sidewalks
and walkways within the development and within one mile of the development.
(b)
A connectivity index that measures the goal of providing sufficient
street routes and mobility options. The index is a ratio of the number
of street links (road sections between intersections and cul-de-sacs)
divided by the number of street nodes intersections and cul-de-sac
heads). The more links relative to nodes, the more connectivity. Traditional
gridiron street networks yield an index of 1.7. Contemporary networks
yield about 1.2. An index of 1.4 is an appropriate target for future
planning purposes and shall be required unless the Planning Commission
accepts a lower number.
(2)
Pedestrian connectivity shall be provided on both sides of public
and private roads, excluding alleys. Sidewalks and walkways shall
interconnect with building entrances and individual dwelling units,
off-lot and visitor parking, and usable open space and recreation
areas.
(3)
Unless otherwise approved by the Planning Commission, sidewalks and
walkways shall interconnect with adjacent or nearby pedestrian networks
identified within a one-thousand foot radius, as shown on thie pedestrian
connectivity map.
(4)
The sidewalks and walkway required by this section shall be at least
five feet in width and constructed according to the specifications
set forth in the Charles County Road Ordinance.
O.
Neighborhood
lighting. Streetlights are required in off-lot and visitor parking
areas.
(1)
All proposed street lighting is required at minimum to adhere to the established requirements and standards of §§ 297-305 and 297-306 of this chapter, and the applicable criteria outlined in §§ 278-95 and 278-96 of the Charles County Subdivision Regulations. Compliance shall be demonstrated via the submission of an outdoor lighting (photometric) plan as part of the major site development plan application review process, in accordance with Appendix A-1 of this chapter.
P.
Trash
and recycling. The appropriate location, screening, and storage of
residential trash and recycling containers shall be determined during
the major site development plan application review process. Placement
of these containers will not be an afterthought and will be planned
for in order to avoid visual impacts to the streetscape.
Q.
Meter
screening. Electrical metering placed on the front facade of units
shall be disguised, enclosed, painted, or otherwise screened such
that the box and conduit visually blend with the finished veneer.
View of the glass portion of the meter must remain unobstructed.
(26)
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 applicable. 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, where applicable.
[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; 9-21-2021 by Bill No. 2021-02]
(27)
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:
(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.
(28)
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:
(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.
(29)
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]
(30)
3.04.110 Group homes with not more than eight people. This use is permitted with conditions in the WCD, HVC, HVG, HVR,
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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill
No. 2017-07]
(31)
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 WCD, HVC, HVG, HVR, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill
No. 2017-07]
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.
(32)
3.04.220 Day-care center, day nursery, between nine and
30 care recipients. A day-care center for nine to 30 individuals
is permitted by special exception in the WCD, HVR, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill No. 2017-07; 6-16-2020 by Bill No. 2020-04]
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.
H.
A day-care center for nine to 30 individuals is permitted with
conditions in the BP Zone, subject to the following:
[Added 6-16-2020 by Bill
No. 2020-04]
(1)
The facility will be in accordance with all applicable County,
state and federal rules and regulations.
(2)
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.
(3)
The building and play area facilities shall be at least 50 feet
from any adjacent residential lot or use.
(4)
The use is in compliance with the 25% area limitations set forth in § 297-91D(2). The 25% area limitation does not apply to the use when located in flex space.
[Amended 9-28-2021 by Bill No. 2021-08]
(33)
3.04.300 Halfway house. This use is permitted by
special exception in the WCD, HVC, HVG, HVR, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill
No. 2017-07]
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.
(34)
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 WCD, HVC, HVG, HVR, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill
No. 2017-07]
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.
H.
Any such use will not have a detrimental impact on the surrounding
properties.
(35)
3.04.500 Retirement housing complex. This use is
permitted by special exception in the RH, RO, CB, and BP Zones, subject
to the following standards:
[Amended 9-28-2021 by Bill No. 2021-08]
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.
(36)
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 WCD, 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; 6-6-2017 by Bill No. 2017-03]
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.
(37)
3.05.200 Bed-and-breakfast, tourist homes. This
use is permitted with conditions in the HVC, HVG, HVR, AC, RC, RR,
RV, RO, CN, CC, CB, CV, MX, TOD, WC and AUC Zones and is permitted
by special exception in the WCD, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill No. 2017-07]
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.
G.
The applicant shall comply with regulations set forth in COMAR
10.15.03 pertaining to food service facilities.
H.
In addition to the standards listed above, within the HVR Subzone,
this use is permitted only within a structure designated as a Charles
County historic landmark.
(38)
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, subject to the following:
[Amended 10-23-2001 by Ord. No. 01-87; 9-28-2021 by Bill No. 2021-08]
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. Such uses are permitted with conditions in the BP
Zone, subject to the following"
(1)
The use must have internal access such that it is incorporated into
and as part of the business park.
(2)
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.
(39)
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 WCD, CC, CB and CV Zones
subject to the following:
[Added 10-31-1995 by Ord. No. 95-96; amended 6-6-2017 by Bill No. 2017-03]
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.
(40)
3.06.000 Shelters, permanent. This use is permitted
by special exception in the WCD, HVC, HVG, AC, RC, RR, RV, RL, RM,
RH, RO and CN Zones, subject to the following:
[Amended 6-6-2017 by Bill
No. 2017-03; 11-28-2017 by Bill No. 2017-07]
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.
D.
This use is permitted in the IG Zone, subject to the following
conditions and requirements:
[Added 7-9-2019 by Bill
No. 2019-01]
(1)
The shelter is operated by a public or nonprofit organization.
(2)
The maximum stay of an individual or a family shall not exceed
one year.
(3)
Any exterior modifications to an existing structure will be
consistent with the character of the surrounding neighborhood.
(4)
The conversion of any exisiting structures for utilization as
a permanent shelter shall be required to demonstrate compliance with
all applicable state and County laws, rules and regulations, to include
permitting requirements.
(5)
No shelter shall be located within 300 feet of another temporary
or permanent shelter.
(6)
Transit accessibility. A shelter shall be located within 1/2
mile of an existing bus route; or if not, an alternate means of transportation
shall be provided by the facility, such as a shuttle bus.
(7)
Facility requirements. Each shelter shall be subject to the
following:
(a)
There shall be at least one supervisor on duty
and operating the shelter at all times that the shelter is open.
(b)
There shall be at least two staff persons on duty,
one of which may include the supervisor, for every 25 people staying
in the facility when the shelter is open.
(c)
The entity operating the shelter shall provide
an individual, as designated by the County Administrator, with the
names and telephone numbers of two persons who can be contacted in
the event of an emergency.
(d)
Lavatory and bathing or showering facilities shall
be provided in accordance with all applicable state and County laws,
rules and regulations.
(f)
Hours of operation. The shelter shall establish
and maintain set hours for client intake/discharge. These hours shall
be posted at the site. There shall be no gathering or loitering at
the shelter or in the surrounding area when the shelter is closed.
It is the responsibility of the shelter to enforce this requirement.
(g)
No alcoholic beverages or illegal controlled substances
may be stored, served, sold, consumed, or in the possession of any
person in the shelter.
E.
The shelter shall comply with all applicable federal, state
and County laws, rules, and regulations, including, but not limited
to, the Zoning Ordinance, the Building Code, and the State of Maryland
Fire Prevention Code.
[Added 7-9-2019 by Bill
No. 2019-01]
(41)
3.07.000 Migrant workers' housing. This use is
permitted with conditions in the WCD, 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.
[Amended 6-6-2017 by Bill
No. 2017-03]
(42)
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 WCD, HVC, HVG,
HVR, AC, RC, RR, RV, RL, RM, RH, RO, CN, CC, BP and CV Zone subject
to the conditions set forth below.
[Amended 7-25-2005 by Bill No. 2005-01; 3-14-2007 by Bill No. 2007-05; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill No. 2017-07; 9-28-2021 by Bill No. 2021-08]
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:
(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, this use shall be permitted in flex space subject
to the following conditions:
(43)
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]
(44)
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 WCD, AC, RC, RR, RV, RL, RM, RH, RO, CN, CV, BP,
and PRD Zones, based on the requirements contained in 4.01.110 above.
Within the BP Zone, dormitories and athletic fields shall not be allowed
as part of this use.
[Amended 6-6-2017 by Bill
No. 2017-03; 6-16-2020 by Bill No. 2020-04]
(44.1)
[4.01.210 Churches, synagogues, and temples
without cemeteries, associated residential structures for religious
personnel and associated buildings with religious classes not including
elementary or secondary school buildings.]
[Added 9-28-2021 by Bill
No. 2021-08]
A.
In the BP Zone this use shall be permitted in flex state but
shall not exceed 30,000 square feet.
(45)
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 with conditions
in the HVR Subzone and by special exception in the WCD, AC, RC, RR,
RV, RL, RM and RH Zones, subject to the following:
[Amended 6-6-2017 by Bill
No. 2017-03; 11-28-2017 by Bill No. 2017-07]
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.
F.
In addition to the standards listed above, within the HVR Subzone,
this use is permitted only within a structure designated as a Charles
County historic landmark.
(46)
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 WCD, 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.
[Amended 6-6-2017 by Bill
No. 2017-03]
(47)
4.01.400 Social, fraternal clubs and lodges, union halls,
meeting halls and similar uses. Such uses are permitted by
special exception in the WCD, AC, BP, RC, RV and CN Zones, provided
that:
[Amended 6-6-2017 by Bill
No. 2017-03; 6-16-2020 by Bill No. 2020-04]
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.
(48)
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]
D.
This use is permitted by special exception in the HVC and HVG
Subzones, provided that the use is located entirely within a building
and occupies no more than 10,000 square feet of floor area.
[Added 11-28-2017 by
Bill No. 2017-07]
E.
This use is permitted with conditions in the BP Zone if it is focused for primary use by the users of the business park and is in compliance with the 25% area limitations set forth in § 297-91D(2).
[Added 6-16-2020 by Bill
No. 2020-04; amended 9-28-2021 by Bill No. 2021-08]
(48.1)
Movie theatres, theatres, coliseums and stadiums
with seating capacity of up to 1,000. This use is permitted
by special exception in the HVG Subzone, subject to the following:
[Added 11-28-2017 by
Bill No. 2017-07]
A.
Only fully enclosed theatres with indoor seating are permitted.
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.
(49)
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.
(50)
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]
(51)
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.
(52)
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.
(53)
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.
(54)
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.
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.
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.
(55)
4.02.240 Campgrounds and camps. This use is permitted
by special exception in the WCD, AC and RC Zones, provided that the
following standards are met:
[Amended 6-6-2017 by Bill
No. 2017-03]
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.
(56)
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.
(57)
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.
(58)
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.
(59)
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 WCD, AC, RC and RR Zones, subject
to the following standards:
[Amended 6-6-2017 by Bill
No. 2017-03]
(60)
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 WCD, AC, RC, CN, CC,
CV, BP, PRD and PEP Zones, subject to the following standards:
[Amended 6-6-2017 by Bill
No. 2017-03]
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.
(61)
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.
(62)
4.03.200 Nursing care, intermediate care, handicapped,
infirm and child care institutions. A nursing home is permitted
by special exception in the HVR, AC, RC, RR, RV, RL, RM, RH, RO Zones
and the BP Zone, subject to the following standards:
[Amended 11-28-2017 by Bill No. 2017-07; 9-28-2021 by Bill No. 2021-08]
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)
(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.
E.
This
use shall be permitted in the BP Zone when located in flex space,
subject to the following conditions:
(1)
In all such facilities and all additions to existing facilities where
10 or more people are cared for, the minimum area shall be 10,000
square feet.
(2)
Appropriate setbacks or screening shall be determined through the
Charles County Architectural and Site Design Guidelines and Standards
(ASDGS) or the approval of an alternative design and development code.
(63)
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 WCD, AC, RC
and RV Zones, subject to the following standards:
[Amended 6-6-2017 by Bill
No. 2017-03]
(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.
(64)
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.
(65)
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:
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:
(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.
(66)
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:
(67)
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:
(68)
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.
(69)
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.
(70)
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.
(71)
4.07.100 Earth stations. This use is permitted
with conditions in the HVE, IG, IH and PEP Zones and is permitted
by special exception in the WCD, HVC, HVG, HVR, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill No. 2017-07]
(72)
4.07.200 Satellite dishes. This use is permitted
with conditions in the WCD, HVC, HVG, HVR, HVE, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill
No. 2017-07]
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.
(73)
4.08.110 Family burial sites. This use is permitted
with conditions in the WCD, HVC, HVG, HVR, HVE, AC, RC, RR, RV, RL,
RM, RO, CN, CC, CB, CV, BP, PRD, PEP and MX Zones, provided that:
[Amended 6-6-2017 by Bill
No. 2017-03; 11-28-2017 by Bill No. 2017-07]
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.
(74)
4.08.120 Cemeteries. Cemeteries are permitted by
special exception in the WCD, AC, RC, RR, RV, RL, RM, RH and PRD Zones,
subject to the following:
[Amended 6-6-2017 by Bill
No. 2017-03]
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.
(75)
4.08.200 Crematoriums. Crematoriums are permitted
with conditions in the WCD, 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; 6-6-2017 by Bill No. 2017-03]
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.
(76)
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. This use is permitted with conditions in the BP Zone, subject to the 25% area limitations set forth in § 297-91D(2).
[Added 4-13-2010 by Bill No. 2010-05; amended 6-16-2020 by Bill No. 2020-04; 9-28-2021 by Bill No. 2021-08]
(76.1)
5.01.113 Dry cleaning/laundry and laundromats. This use is permitted with conditions in the BP Zone, subject to the 15% area limitations set forth in § 297-91D(2).
[Added 6-16-2020 by Bill
No. 2020-04; 9-28-2021 by Bill No. 2021-08]
(76.2)
5.01.115 Business services. This use is permitted with conditions in the BP Zone, subject to the 25% area limitations set forth in § 297-91D(2).
[Added 6-16-2020 by Bill
No. 2020-04; 9-28-2021 by Bill No. 2021-08]
(77)
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.
(78)
5.02.300 Funeral homes. This use is permitted with
conditions in the HVC, HVG, RO, CN, CC, CB, CV, BP, PEP, MX, TOD,
CER, WC and AUC Zones and is permitted by special exception in the
WCD, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill
No. 2017-07]
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.
(79)
5.02.400 Veterinarians and veterinary hospitals. This use is permitted with conditions in the HVC, HVG, CN, CB, CC,
CV, BP, PEP, MX, TOD, CER, WC and AUC Zones and is permitted by special
exception in the WCD, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill No. 2017-07; 11-17-2021 by Bill No. 2021-10]
A.
The lot on which the use is located must be a minimum of 1/2
acre in size.
B.
The use must be housed in a fully enclosed, soundproof building.
C.
Except in the HVC, HVG, WC and AUC Zones, the use shall be located a minimum of 75 feet from any road or street and no less than 125 feet from the nearest dwelling. In the HVC and HVG Zones, the use shall be located at least 125 feet from the nearest dwelling and shall comply with the applicable setback requirements for the HVC and HVG Zones, codified in § 297-99 of this chapter.
(80)
5.02.500 Nursery schools and day-care centers with more
than 30 children. This use is permitted by special exception
in the WCD, HVR, 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; 6-6-2017 by Bill No. 2017-03; 11-28-2017 by Bill No. 2017-07]
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.
I.
Nursery schools and day-care centers with more than 30 children
are permitted with conditions in the BP Zone, subject to the following:
[Added 6-16-2020 by Bill
No. 2020-04]
(1)
The facility shall be in accordance with all applicable County,
state and federal rules and regulations.
(2)
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.
(3)
Building and play area facilities shall be at least 100 feet
from any residential zone or use.
(4)
The use is focused for primary use by the users of the business park, and the use is in compliance with the 25% area limitations set forth in § 297-91D(2).
[Amended 9-28-2021 by Bill No. 2021-08]
(80.1)
6.01.111 Shoppers merchandise stores with building
floor space less than 15,000 square feet per parcel. This use is permitted with conditions in the BP Zone, subject to the 25% area limitations set forth in § 297-91D(2).
[Added 6-16-2020 by Bill
No. 2020-04; amended 9-28-2021 by Bill No. 2021-08]
(80.2)
6.01.112 Specialty shops with building floor
space less than 15,000 square feet per parcel. This use is permitted with conditions in the BP Zone, subject to the 25% area limitations set forth in § 297-91D(2).
[Added 6-16-2020 by Bill
No. 2020-04; amended 9-28-2021 by Bill No. 2021-08]
(81)
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 WCD, AC, RC and RV Zones,
subject to the following:
[Amended 6-6-2017 by Bill
No. 2017-03]
(82)
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.
(83)
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.
(84)
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:
(85)
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.
(86)
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.
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.
E.
This use is permitted with conditions in the BP Zone, subject to the 25% area limitations set forth in § 297-91D(2).
[Added 6-16-2020 by Bill
No. 2020-04; amended 9-28-2021 by Bill No. 2021-08]
(87)
6.01.150 Retail sales greater than 100,000 square feet. This use is permitted by special exception in the CC and CB Zones,
and is permitted with conditions in the MX and TOD Zones, subject
to the following:
[Added 9-23-2002 by Ord. No. 02-80; amended 6-13-2017 by Bill No. 2017-01]
A.
Site design and exterior architectural plans shall be reviewed
and approved by SDAR, subject to the following minimum site design
and architectural design standards, which are applicable to both the
permitted with conditions and special exception use classifications.
(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.
(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 on one
or more stories in the CC and CB Zones shall be subject to a special
exception and shall meet the requirements stated in Subsection A above.
C.
In the MX and TOD Zones, the retail sales use shall not exceed
100,000 square feet in size unless it is a two-or-more-story building
which contains no more than 100,000 square feet on the ground floor.
(88)
6.02.100 Restaurant, standard, fast-food, bars, nightclubs
and dinner theaters. TThis use is permitted with conditions
in the RO, BP, CV, CC, CB, IG, PEP, MX, TOD, CER, CRR WC, AUC, HVC,
and HVG Zones and is permitted by special exception in the CN Zone
subject to the following:
[Amended 9-11-2018 by
Bill No. 2018-04]
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.
D.
An alcohol production facility may be approved as an accessory
use to a restaurant subject to the following:
(1)
In the CV Zone, alcohol production facilities are limited to
less than 4,000 square feet of production area and shall be included
within the same building as the primary restaurant use.
(2)
In the CC, CB, BP, IG, PEP, MX, TOD, CER, CRR, WC, and AUC Zones,
alcohol production facilities shall be included within the same building
as the primary restaurant use and shall comprise a maximum of 49%
of the total floor area of the overall restaurant use.
(3)
In the HVC and HVG Zones, the alcohol production accessory use
is subject to the following:
(a)
The building comprises no more than 15,000 square
feet of gross floor area, including restaurant area, production, storage
and retail sales areas.
(b)
All operations and storage shall be within an enclosed
building. No outside storage of equipment, materials, inventory or
waste is permitted.
(c)
The alcohol production facilities shall comprise
a maximum of 49% of the total floor area of the overall restaurant
use.
(89)
6.02.200 Restaurant, fast-food, carry-out and delivery. This use is permitted with conditions in the HVC, HVG, and BP Zones
and by special exception in the CN and CV Zones, subject to the following:
[Amended 11-28-2017 by Bill No. 2017-07]
A.
In the BP Zone, the use must have access internally so that it is incorporated as part of the business park, and the use is subject to the 25% area limitations set forth in § 297-91D(2).
[Amended 6-16-2020 by Bill No. 2020-04; 9-28-2021 by Bill No. 2021-08]
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.
C.
In the HVC and HVG Subzones, 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 public streets and intersections
or its location in relation to other buildings or proposed buildings.
(2)
The use is located within a building that has a front facade
and primary customer entrance oriented toward the public street frontage
and designed for convenient and attractive pedestrian access.
(90)
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.
(90.05)
6.02.320 Restaurant, fast-food
drive-in, and drive-through and mobile food service facilities, part
of a business park or shopping center with no direct highway access
to a public road. This use is permitted in the BP Zone, subject
to the following conditions:
[Added 6-16-2020 by Bill
No. 2020-04]
A.
The use must have access internally so that it is incorporated
as part of the business park;
B.
Menu and ordering boards are not permitted on a side of a building
that faces an arterial of any classification or a major collector.
Incidental visibility of a menu or ordering board from an arterial
of any classification or a major collector shall be screened. Ordering
windows and pickup windows are permitted to face roads of any classification,
and are required to be architecturally integrated into a building's
facade; and
C.
The use is subject to the 25% area limitations set forth in § 297-91D(2).
[Amended 9-28-2021 by Bill No. 2021-08]
(90.1)
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.
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:
(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)
6.03.100 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.
(93)
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]
(94)
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.
C.
This use is also permitted with conditions in the HVC and HVG
Subzones, subject to the following regulations:
[Added 11-28-2017 by
Bill No. 2017-07]
(1)
All vehicle sales, display, repair, and service shall be conducted
within a fully enclosed building.
(2)
Bay entrances and garages may not face the street. Bay entrances
on a side wall must be set back at least 15 feet from the front facade.
(3)
The use shall be limited to the storage, sale, and rental of
the following vehicles: automobiles, light- and medium-duty trucks,
motorcycles, and boats or 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.
(4)
Motor vehicle repairs and maintenance shall only be permitted
as accessory uses.
(5)
All accessory buildings shall be located in the rear of the
primary building.
(95)
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[13] and the Fire Safety Code, shall be permitted.
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.
I.
This use is also permitted with conditions in the HVC and HVG
Subzones, subject to the following regulations:
[Added 11-28-2017 by
Bill No. 2017-07]
(1)
All display or storage must be within a fully enclosed building.
No outdoor display of merchandise is permitted.
(2)
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, light trucks, and boats only.
(3)
No vehicle painting, repair or alteration of the auto body is
permitted, or repair, replacement, or servicing of the power plant
or drive train, except minor tune-up involving the changing of spark
plugs, points, coolant or condenser, including engine block oil changes.
(4)
If any installation or servicing is included, the use shall
comply with the conditions for motor vehicle repair and maintenance
given below for use 6.03.310.
(96)
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]
(97)
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; 9-28-2021 by Bill No. 2021-08]
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.
B.
This use is also permitted with conditions in the HVC, HVG,
and HVE Subzones, subject to the following regulations:
[Added 11-28-2017 by
Bill No. 2017-07]
(1)
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.
(2)
Minimum lot area: 20,000 square feet.
(3)
All activity and storage of parts shall occur entirely within
a completely enclosed building.
(4)
Any vehicle storage shall be temporary, in side or rear yards,
and screened from adjacent properties.
(5)
Bay entrances and garages may not face the street. Bay entrances
on a side wall must be set back at least 15 feet from the front facade.
Any wall opening must be in a wall 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.
(6)
The building shall provide a finished front facade with a primary
entrance facing the public street frontage.
(7)
No building or structure shall be located in any required yard
or setback.
(8)
A minimum ten-foot-wide landscape strip shall be provided adjacent
to and completely across all property lines. Curb cuts shall be minimized.
(9)
No outdoor display of merchandise sold, serviced or rented is
permitted.
(10)
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.
C.
This
use is permitted with conditions in the BP Zone subject to the following:
[Added 9-28-2021 by Bill No. 2021-08]
(98)
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[14] and the Firesafety Code, shall be permitted.
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.
(99)
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 with conditions in the BP Zone, subject to Subsections A through I, and subject to the 25% area limitations set forth in § 297-91D(2). 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; 6-16-2020 by Bill No. 2020-04; 9-28-2021 by Bill No. 2021-08]
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.
(100)
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. This use is permitted with conditions in the BP Zone, subject to Subsections A through I for Use 6.03.321 above, and subject to the 25% area limitations set forth in § 297-91D(2).
[Added 10-23-2000 by Ord. No. 00-84; amended 6-16-2020 by Bill No. 2020-04; 9-28-2021 by Bill No. 2021-08]
(101)
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. Within the BP Zone, access will be
through an interior road network.
[Amended 6-16-2020 by Bill No. 2020-04]
B.
Adequate storage space at the vehicular entrance and sufficient
capacity for vehicular ingress and egress shall be provided to prevent
traffic congestion.
C.
In the BP Zone, this use is subject to the following additional
conditions:
[Added 6-16-2020 by Bill
No. 2020-04]
(1)
Access will be through an interior road network;
(2)
This use is subject to the 25% area limitations set forth in § 297-91D(2); and
[Amended 9-28-2021 by Bill No. 2021-08]
(3)
Vehicular access for ingress and egress to car wash bays are
not permitted on a side of a building that faces an arterial of any
classification or a major collector. Incidental visibility of the
vehicular access for ingress and egress to a car wash bay from an
arterial of any classification or a major collector shall be screened.
(102)
6.03.400 Motor vehicle painting and body work. This use is permitted with conditions in the HVE, 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; 11-28-2017 by Bill No. 2017-07]
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[15] and the Fire Safety Code.
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.
(103)
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.
(103.1)
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.
(103.2)
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.
(104)
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]
(105)
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]
(106)
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.
[Amended 9-28-2021 by Bill No. 2021-08]
A.
This use is permitted by special exception in the AC Zone, provided
that the following requirements are met:
(107)
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.
(107.1)
7.01.241 Farm alcohol production
facility. This use is permitted with conditions in the AC,
RC, and WCD Zones, subject to the following:
[Added 9-11-2018 by Bill
No. 2018-04]
A.
A farm alcohol production facility parcel or combination of
associated, adjoining, or related parcels must be at least 10 acres
in size and must contain at least one acre dedicated to the production
of agricultural products, such as but not limited to, grains, hops,
or fruits, to be used in alcohol production.
B.
The farm alcohol production facility parcel shall front onto
a public road and access to and from the facilities, including the
tasting room and promotional events, shall be directly onto the public
road. The Zoning Officer may approve access through a private road
subject to the following:
(1)
No other direct access onto a public road is feasible.
(2)
Maintenance of the private road shall be subject
to a shared maintenance agreement, with proportional maintenance responsibilities
assumed by the farm alcohol production facility.
(3)
If there is more than one property owner who has
a right to use the private road, the applicant must provide affidavits
of support from each owner. The affidavits must be approved as to
form by the Planning Division prior to signature.
C.
A farm alcohol production facility must apply for all applicable
County permits and approvals in order to conduct festivals or other
special events. Facilities used for private events such as weddings
or parties must apply for a special exception as a social, fraternal
club and lodge, union hall, meeting hall and similar use (use number
4.01.400).
(108)
7.01.242 Alcohol production facility. This use is permitted
with conditions in the CV, HVC, and HVG Zones, subject to the following:
[Amended 6-6-2017 by
Bill No. 2017-03; 9-11-2018 by
Bill No. 2018-04]
A.
In the CV Zone, the use is subject to the following:
(1)
The building shall not exceed 4,000 square feet in gross floor
area.
(2)
All operations and storage shall be within an enclosed building.
No outside storage of equipment, materials, inventory or waste is
permitted.
(3)
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 and extending from the front of the wall to the
property line shall also be provided. Such planting shall include
trees or shrubs at least two feet tall at time of planting, which
shall form a year-round dense screen within three years.
(4)
The alcohol production facility is permitted one tasting room
not to exceed 49% of the maximum floor area of the facility.
B.
In the HVC and HVG Zones, the use is subject to the following:
(1)
The building comprises no more than 15,000 square feet of gross
floor area, including restaurant area, production, storage and retail
sales areas.
(2)
All operations and storage shall be within an enclosed building.
No outside storage of equipment, materials, inventory or waste is
permitted.
(3)
An alcohol production facility producing beer products must
operate in conjunction with an on-site restaurant. The alcohol production
portion of the facility shall comprise a maximum of 49% of the total
floor area of the combined restaurant/alcohol production use.
(4)
A facility producing wine products must include on-site retail
sales and an on-site tasting room or restaurant, and may provide wholesale
sales. The alcohol production portion of the facility shall comprise
a maximum of 49% of the total floor area of the combined restaurant/alcohol
production use.
(109)
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.
(110)
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:
(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.
B.
This use is permitted with conditions in the IH Zone, subject
to the following:
(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.
(111)
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.
(112)
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 with conditions in
the HVC, HVG, and HVE Subzones and 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; 11-28-2017 by Bill No. 2017-07]
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.
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.
F.
In the HVC, HVG, and HVE Subzones:
(1)
The site plan shall show how this use will be satisfactorily
screened from neighboring properties and public streets.
(2)
A parking garage shall be located on a lot that does not have
frontage along Old Leonardtown Road or MD Route 231, unless commercial
uses line the ground floor front facade of the garage.
(113)
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.
(114)
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.
[Amended 9-28-2021 by Bill No. 2021-08]
A.
This use is permitted by special exception in the BP Zone, subject
to the following:
(1)
The total lot coverage, including outside storage area, shall not
exceed 35% of total lot area.
(2)
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.
(3)
Any exterior storage shall be screened from any adjacent residential
zones or uses.
B.
This use is permitted with conditions in the BP Zone when located
in flex space, subject to the following:
(1)
The exterior storage shall not exceed 50% of the square footage of
the floor area of the principal structure if the flex building is
used by a single tenant or user. The exterior storage shall not exceed
25% of the square footage of the floor area of the principal structure
if the flex building is a multitenanted building. No exterior storage
shall occur on the lot without a principal structure.
(2)
Any exterior storage shall be screened from any adjacent residential
zones. The type and design of screening will be determined through
the Charles County Architectural and Site Design Guidelines and Standards
(ASDGS) or the approval of an alternative design and development code.
(115)
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, CN, 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; 11-2-2022 by Bill No. 2022-09]
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[16] 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.
[16]
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.[17] 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
[17]
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.
H.
Mini-warehouse buildings within the CN Zone will be designed to be
compatible with the surrounding neighborhood.
(116)
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.
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.
(116.1)
7.02.250 Consolidated storage. This
use is permitted via special exception in the CRR and CV Zones, provided
that the following requirements are met:
[Added 10-2-2018 by Bill
No. 2018-06]
A.
The use shall be located on a lot of at least five acres.
B.
The use shall be limited to no more than 60,000 square feet
of net floor area.
C.
All units shall be located within a climate-controlled building.
Individual storage compartment units shall not exceed 500 square feet
in size.
D.
The use shall be located in a building which is part of a retail
shopping center.
E.
The use shall be located within a climate-controlled primary
structure with no external access to individual storage units.
F.
Outside storage of any type is prohibited.
G.
Any facade area with a customer entrance shall include a window
area which constitutes 60% of the particular facade area.
I.
The lot on which the retail shopping center is located shall
have frontage on, and direct vehicular access to, a public road with
sufficient capacity to accommodate the type and amount of traffic
expected to be generated by the use.
J.
The exterior and architectural facade of the consolidated storage
facility shall be compatible with the prevailing architecture and
appearance of other development on the lot.
K.
The consolidated storage use may include a retail sales area
not to exceed 1,500 square feet for the sale of boxes, tape, locks
and other items used by patrons storing goods and belongings in the
consolidated storage facility.
L.
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.
(117)
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:
(118)
7.02.410 Parking of one motor vehicle greater than 15,000
pounds gross vehicle weight. This use is permitted with conditions
in the WCD Watershed Conservation District, 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; amended 6-6-2017 by Bill No. 2017-03]
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.
(119)
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 WCD Watershed Conservation District, 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; amended 6-6-2017 by Bill No. 2017-03]
(120)
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.
(120.1)
[7.03.100 Processing facility/transfer station
(solid waste).] This use is permitted by special exception
in the IH Zone, subject to the following:
[Added 10-5-2021 Bill
No. 2021-04]
A.
Minimum site area shall be 10 acres.
B.
No operational activity, equipment, or structure may be located
within the Chesapeake Bay critical area, the 100-year floodplain,
or the Resource Protection Zone.
C.
All vehicular access to and from the site shall be from an arterial
roadway which is within two miles (driving distance) of the site entrance.
D.
The site must be served by, or be able to connect to, public
water and sewer facilities. Any water that comes into contact with
solid waste must be discharged to the sanitary sewer system that satisfies
an industrial discharge permit.
E.
Roads for ingress and egress from the site to public roads shall
not be less than 24 feet wide and shall be hard-surfaced and maintained
from the public road to the site.
F.
Impervious surface must be provided for all areas of the site
where the handling, sorting, storage, or transporting of solid waste
or recyclable materials occurs.
G.
Any parts of the operation generating noise, or dust, or vibration
impacts shall be located at least 750 feet from any residential dwelling
structure.
H.
Any transfer of solid waste to transport vehicles or sorting
of recyclable materials of solid waste must occur only in a wholly
enclosed building.
I.
Consistent with COMAR 26.04.07.24 Subsection D(1)(g)(iv), solid
waste may not remain at the transfer station at the end of the working
day unless it is stored in leak-proof, fly and rodent-proof containers.
J.
A site plan submitted to the Board of Appeals for approval
shall include the following:
(1)
Required building setbacks and bufferyards;
(2)
Existing and proposed structures and major mechanical
equipment;
(3)
Existing and proposed access roads, including a
map of the hauling route;
(4)
An off-street parking plan, in conformity with
Figure XX-1.
(5)
A conceptual stormwater management plan;
(6)
Points of access to the site and provisions to
control unauthorized entry to the site along the entire perimeter
(e.g., a minimum of six feet in height and opaque fencing);
(7)
A traffic impact and road condition study to determine
the adequacy of the public road network and structural elements that
will serve the truck traffic generated by the operation;
(8)
Existing topography and environmental features,
including steep slopes, hydric and erodible soils, wetlands, and forested
areas;
(9)
Historic and cultural resources report;
(10)
A landscape plan, depicting the location and type
of any proposed screening materials, in accordance with Figure XX11-2,
Buffer yards between adjacent zones.
(11)
A site lighting photometric plan.
K.
An operations plan shall be submitted with the site plan and
include the following:
(1)
A description of the methods by which the waste
will be delivered to the facility, including an estimate of the size
and frequency of the collection vehicles that will use the facility.
(2)
A plan for a records-keeping system to be maintained
on-site, specifying the date, type, and amount of material received,
its place of origin, its destination, and the amount of material transported
off-site. Such records will be available for inspection by authorized
County Permits and Inspections (CPIS) personnel on upon reasonable
notice.
(3)
Methods to be used, if necessary, to control odor,
smoke, dust, litter, noise and/or insect or rodent infestation.
(4)
Methods by which the combination of structures,
machinery, or devices are to be used, if any, to reduce or alter the
volume, chemical or physical characteristics of solid waste.
L.
The facility will transfer 100% of the waste receive within
any twelve-month period. All solid waste that remains on-site at the
end of the working day will be stored in leak-proof, fly and rodent-proof
containers.
M.
The use shall not commence until the State of Maryland has issued
all applicable permits.
N.
Development of the facility shall conform to the objectives
and strategies contained within the current Charles County comprehensive
solid waste plan.
(121)
7.04.100 Research facilities and laboratories without
processing of materials. This use is permitted by special exception
in the WCD, AC, RC and CC Zones, subject to the following:
[Amended 6-6-2017 by Bill
No. 2017-03]
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.
(122)
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]
(123)
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]
(124)
7.05.110 Surface mining of more than 10 acres. This use is permitted by special exception in the AC, RC, WCD, 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; 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No. 94-100; 10-2-2018 by Bill No. 2018-05]
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.
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, 100-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.
(125)
7.05.120 Surface mining of less than 10 acres. This use is permitted by special exception in the AC, RC, WCD, 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; 10-2-2018 by Bill No. 2018-05]
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 100-year floodplain.
(7)
Historic resources, including sites not previously cataloged,
shall be identified and a description provided of how these resources
will be protected.
(126)
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.
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.
(127)
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.
(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.
(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.[18] No special exception for a pozzolan management facility
shall be valid unless all necessary operating permits are obtained,
including an NPDES permit, if necessary.
[18]
Editor's Note: See now Environment Article, § 15-407.
(128)
7.07.000 Alternative energy systems.
[Added 5-6-2014 by Bill
No. 2014-02]
(129)
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:
(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.
(130)
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.
(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.
(131)
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:
(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.
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.
(132)
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.
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.
(133)
7.08.110 Agricultural processing facility, local. This
use is permitted with conditions in the HVG and HVE Subzones, subject
to the following standards:
[Added 11-28-2017 by
Bill No. 2017-07]
A.
The use shall be limited to processing of agricultural products from
Maryland and adjoining states.
B.
The use allows processing of local meats; however, the use shall
not allow slaughtering, eviscerating, dehairing, or skinning.
C.
Processing may include the incidental use of ingredients not
grown locally, such as the addition of sugar or seasonings.
D.
All operations and storage shall be within an enclosed building.
All outside storage of equipment, materials, inventory, and waste
shall be adequately screened from neighboring properties and public
streets.
E.
Adequate measures shall be implemented so that all odors, dust,
smoke or nuisances are confined within the boundaries of the site.
F.
A waste management plan for storing, handling and disposing
of waste and by-products is required.
G.
The use shall provide adequate parking. Parking for the use shall comply with the applicable parking provisions in § 297-99, Hughesville Village Zone (HV).
H.
The use shall provide an adequate off-street loading and unloading
area that is screened from public streets and neighboring properties.
I.
The use shall comply with all federal, state and local regulations
applicable to the type of processing facility and obtain necessary
approvals.
J.
Retail sales are permitted in the Gateway Subzone but not in
the Employment Subzone.
(134)
7.08.120. Agricultural processing facility, local, slaughterhouse. This use is permitted as a special exception in the HVG and HVE
Subzones, subject to the following standards:
[Added 11-28-2017 by
Bill No. 2017-07]
A.
The use is limited to processing of products from Maryland and
adjoining states.
B.
Processing may include the incidental use of ingredients not
grown locally, such as the addition of sugar or seasonings.
C.
The use shall be conducted entirely within a building, including
holding areas or pens for animals as well as processing and storage
of waste.
D.
Adequate measures shall be implemented so that all odors, dust,
smoke or nuisances are confined within the boundaries of the site.
E.
The operation shall comply with all federal, state, and local
regulations applicable to the type of processing facility and obtain
necessary approvals.
F.
A waste management plan for storing, handling and disposing
of waste and by-products is required.
G.
The use shall provide adequate parking. Parking for the use shall comply with the applicable parking provisions in § 297-99, Hughesville Village Zone (HV).
H.
The use shall provide an adequate off-street loading and unloading
area that is screened from public streets and neighboring properties.
(135)
7.08.200 Storage and distribution of local agricultural products. This use is permitted with conditions in the HVG and HVE Subzones,
subject to the following standards:
[Added 11-28-2017 by
Bill No. 2017-07]
A.
The use shall be limited to the storage and wholesale sale of agricultural
products from Maryland and adjoining states.
B.
All operations and storage shall be within an enclosed building.
No outside storage of equipment, materials, or inventory is permitted.
C.
The use shall provide adequate parking. Parking for the use shall comply with the applicable parking provisions in § 297-99. Hughesville Village Zone (HV).
D.
The use shall provide an adequate off-street loading and unloading
area that is screened from public streets and neighboring properties.
E.
The operation shall comply with all federal, state and local
regulations applicable to the type of storage and sales and obtain
necessary approvals.
[1]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
