AMENDMENTS TO THE CALVERT COUNTY ZONING ORDINANCE EFFECTIVE DATE: SEPTEMBER 22, 2009 Amendments Issued: October 9, 2009

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1 AMENDMENTS TO THE CALVERT COUNTY ZONING ORDINANCE EFFECTIVE DATE: SEPTEMBER 22, 2009 Amendments Issued: October 9, 2009 Z.O. Section(s) Article & Pg. # Description of Amendment Table of Contents TOC Pg. 3 Update page numbering for Article 3 in Table of Contents. Article 3 TOC Art. 3 pg. 1 Update Article 3 page numbering in the Table of Contents. 3-1 & Article 12 Art. 3 pg Art Various & A Art. 3 pg Art. 3 pg Pages renumbered. A. Reorder, renumber, and rename, where necessary, the Land Uses listed in these Sections to be consistent with the order, numbering, and names of the Land Uses listed in the Solomons Zoning Ordinance. B. Make the following changes to names of Land Uses: 1. Change Apartment, Accessory to Apartment, Accessory to a Residence 2. Change Boarding House to Boarding House or Dormitory 3. Delete Eating Establishment with Drive-up Facility and Eating Establishment without Drive-up Facility 4. Change Tavern, Nightclub, Lounge, Dance Hall to two separate uses: Tavern, Bar and Nightclub, Lounge. For these uses, change the phrase with Outdoor Facilities such as Bars to with Outdoor Patron Area. 5. Change Manufacturing and/or Assembly of Watercraft, Commercial to Manufacturing and/or Assembly, Marine-Related C. Add the following Land Uses and their definitions: 1. Drive-up Facility, Accessory. 2. Eating Establishment With Outdoor Patron Area and 3. Eating Establishment With No Outdoor Patron Area. D. Amend the definitions of the following Land Uses listed in the Land Use Charts and Article 12: 1. Dwelling, Attached: Duplex 2. Dwelling, Attached: Fourplex 3. Dwelling, Attached: Multi-family 4. Dwelling, Attached: Triplex 5. Dwelling, Attached: Townhouses 6. Manufacturing and/or Assembly, Marine-Related (formerly Manufacturing and/or Assembly of Watercraft, Commercial) 7. Nightclub, Lounge (formerly Tavern, Nightclub, Lounge, Dance Hall) 8. Tavern, Bar (formerly Tavern, Nightclub, Lounge, Dance Hall) Replace these Sections in their entirety with the Table of Land Uses and Conditional Uses from the new Solomons Zoning Ordinance. Replace the current Solomons Zoning Map with the new Solomons Zoning Map.

2 Z.O. Section(s) Article & Pg. # Description of Amendment Table 5-3 Art. 5 pg. 16 Amend the table to reflect the residential density and minimum lot sizes in the new Solomons Town Center. Table 6-2 Art. 6 pg Reorder and rename, where necessary, the Land Uses listed in these tables to be consistent with the changes made to Section Art. 6 pg. 19 Add new paragraph E specifying that pedestrian and bicycle access shall be provided for projects within Town Centers in accordance with the Town Center Master Plan. Add provisions for the granting of waivers under certain circumstances. Article 12 Art. 12 pg Add several new terms and definitions used in the Solomons Zoning Ordinance that were not previously listed in the CCZO. CORRECTIONS TO THE CALVERT COUNTY ZONING ORDINANCE EFFECTIVE DATE: SEPTEMBER 22, 2009 Corrections Issued: October 9, 2009 Z.O. Section(s) Article & Pg. # Description of Correction Article 1 Table of Contents Art. 1 pg. 1 Delete first of two listings for Section 1-2 (erroneously left in TOC when amendment was made to that Section on 07/27/06) A Art. 3 pg. 96 Correct reference to conditions for Huntingtown Town Center conditional uses D Art. 5 pg. 9 Delete second of two paragraph #2 (erroneously left in when amendment was made to that Section on 5/12/09) D.13 Art. 10 pg. 7 Change period to comma.

3 Dunkirk Owings North Beach Chesapeake Beach Huntingtown Prince Frederick St. Leonard Effective Date: May 1, 2006 Revised: July 27, 2006 Revised: August 8, 2006 Revised: December 9, 2006 Revised: August 7, 2007 Revised: August 28, 2007 Revised: March 25, 2008 Revised: April 22, 2008 Revised: June 3, 2008 Revised: June 10, 2008 Revised: May 12, 2009 Revised: September 22, 2009 Solomons Lusby Also Available on the Dept. of Planning & Zoning s Website at:

4 Article 3, Page No. 3-2 Land Uses by Town Center District Table Of Land Uses - Dunkirk Town Center A Dunkirk Town Center Conditional Uses Table Of Land Uses - Owings Town Center A Owings Town Center Conditional Uses Table of Land Uses - Huntingtown Town Center A Huntingtown Town Center Conditional Uses Table of Land Uses - Prince Frederick Town Center A Prince Frederick Town Center Conditional Uses Table of Land Uses - St. Leonard Town Center A St. Leonard Town Center Conditional Uses Table of Land Uses - Lusby Town Center A Lusby Town Center Conditional Uses Table of Land Uses - Solomons Town Center A Solomons Town Center Conditional Uses Tower & Antenna Regulations Purpose General Requirements Conditions for Towers and Antennas 169 ARTICLE 4 GENERAL DEVELOPMENT SUBMITTAL REQUIREMENTS Article 4 Page No. 4-1 General Requirements for All Uses Permits and Zoning Approval Required General Requirements for Development Plans Development Plan Review Review Procedures Agency Comments Expiration of Site Plan Approvals Modifications after Approval of a Site Plan Site Plan Bonding Procedures General Design Standards for Projects Requiring Site Plan Review Purpose Administration Plan Preparation Site Plans Plot Plans Appeals 10 Table of Contents Page 3

5 ARTICLE 5 RESIDENTIAL DEVELOPMENT REQUIREMENTS Article 5 Page No. 5-1 Residential Density, Lot Area, Lot Width, Setback & Height Requirements - All 2 Districts Purpose of Regulating Residential Density Outside Town Centers Residential Density Requirements in the Farm and Forest District Residential Density Requirements in the Rural Community District Residential Density Requirements in the Residential District Residential Density Requirements in the Employment Center, Rural 10 Commercial, Marine Commercial, and Light Industrial Districts Minimum Lot Size Requirements for Single-Family Detached Development 11 Outside Town Centers Minimum Setbacks and Lot Width Requirements for Single-Family Detached 12 Development Outside Town Centers Residential Density and Minimum Lot Sizes in Town Centers Development of Previously-Recorded Residential Lots Accessory Use Setbacks Height Regulations for all Districts Parking Requirements for Residential Development Lay-out and Design of Single-Family Residential Communities Lay-out and Design of Single-Family Detached Residential Communities 22 Outside Town Centers 5-3 Townhouse, Single-Family Attached, Multi-family Development, & Mixed 30 Residential Development Purpose Lot Size & Lot Width Setbacks Building Arrangement and Site Design Building Height On-site Pedestrian and Bicycle Circulation Vehicular Circulation - Roads Parking and Parking Lots Outdoor Storage Landscaping Open Space and Recreation Requirements Construction and Maintenance Requirements 40 Table of Contents Page 4

6 ARTICLE 1 SCOPE OF REGULATIONS Article 1, Page No. 1-1 Purpose of This Ordinance Application of This Ordinance Territorial Limits Exemption Separability Zoning Officer Schedule of Fees, Charges & Expenses Ordinance Amendments Procedures for Ordinance Amendments Enforcement of Ordinance Violations, Penalties and Enforcement PURPOSE OF THIS ORDINANCE The Calvert County Comprehensive Plan is a policy document that reflects present and future needs and concerns and gives direction in addressing those needs and concerns. One tool necessary to implement the Plan is a Zoning Ordinance designed to regulate land uses. Many aspects of land use can impact adjoining properties, neighborhoods, public facilities and overall County development. As mandated in the Comprehensive Plan, this Zoning Ordinance is adopted to regulate land uses as part of the effort to promote the health, safety and general welfare of Calvert County residents. (07/27/06) 1-2 APPLICATION OF THIS ORDINANCE Territorial Limits This Ordinance shall apply to all the lands, uses and improvements within the territorial limits of Calvert County, except for the incorporated territory of any municipality in the County, or except as modified by the Town Center Master Plans and Zoning Ordinances. Except as otherwise specified, the use of any property and the construction or alteration of any building or structure shall conform to the requirements of this Ordinance Exemption Notwithstanding any other provisions of this Ordinance to the contrary, this Ordinance does not apply to a Qualified Commercial Power Generating Facility as defined herein. 1-3 SEPARABILITY If a court of competent jurisdiction declares any Section, Subsection, sentence, clause or phrase of this Ordinance invalid or unconstitutional, such provision shall be deemed separate and such invalidity or unconstitutionality shall not affect the validity of the Ordinance in its entirety or of the remaining Sections or parts thereof. Article 1 Page 1

7 Procedures for Ordinance Amendments 1-4 ZONING OFFICER There is a Zoning Officer for the County who shall be responsible for giving approval for building permits, enforcement of the provisions of this Ordinance, and clarifying the intent of this Ordinance. Should there be a question on the application of a Section of the Ordinance; the Zoning Officer shall determine the proper application. Should the determination involve a legal interpretation of the Ordinance, an "official interpretation" shall be approved and signed by the Zoning Officer after consultation with the County Attorney. The Zoning Officer shall keep a volume containing all zoning interpretations. Annotations pertaining to the interpretation shall be added to the Zoning Ordinance at appropriate locations. Interpretations shall not become part of the Zoning Ordinance until they have been enacted pursuant to procedures set forth in Section 1-6. The following parties shall be notified within seven days following the interpretation: The Board of County Commissioners, Planning Commission, Department of Planning and Zoning, and the County Attorney. 1-5 SCHEDULE OF FEES, CHARGES & EXPENSES The Board of County Commissioners shall establish a schedule of fees, charges, and expenses, and a collection procedure, for zoning certificates, zoning occupancy certificates, appeals, and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the Department of Planning and Zoning and may be altered or amended only by action of the Board of County Commissioners. 1-6 ORDINANCE AMENDMENTS Procedures for Ordinance Amendments A. Proposed Zoning Ordinance text amendments may be submitted to the Planning Commission by the Board of County Commissioners, any citizen, organization, governmental agency, or by the Planning Commission on its own initiative. B. Before any text amendment can be adopted, a duly advertised public hearing shall be held by the Planning Commission and the Board of County Commissioners. Such hearings may be held jointly or separately by the respective Commissions at the discretion of the Board of County Commissioners. C. The public hearing notice shall contain a summary of the proposed text amendment and the date, time and place of the public hearing and shall comply with the requirements of Article 66B, Section 4.05(c) of the Annotated Code of Maryland, as amended from time to time. 1-7 ENFORCEMENT OF ORDINANCE Violations, Penalties and Enforcement A. Authority to Inspect and Enforce 1. The Zoning Officer is authorized to make such inspections as are reasonable and necessary to determine satisfactory compliance with this Ordinance as well as other enforcement provisions as described in Section H herein. Article 1 Page 2

8 ARTICLE 3 LAND USES BY ZONING DISTRICT Article 3 Page No. 3-1 Land Uses by District Outside the Town Centers Agritourism, Ecotourism, & Heritage Tourism Uses, Definitions, & Conditions Agricultural Uses, Definitions, & Conditions Residential Uses, Definitions, & Conditions Commercial Retail Uses, Definitions, & Conditions Business & Personal Services Uses, Definitions, & Conditions Recreation Uses, Definitions, & Conditions Commercial Wholesale Uses, Definitions, & Conditions Motor Vehicle & Related Service Uses, Definitions, & Conditions Industrial Uses, Definitions, & Conditions Institutional Uses, Definitions, & Conditions Unclassified Uses, Definitions, & Conditions Land Uses by Town Center District Table Of Land Uses - Dunkirk Town Center A Dunkirk Town Center Conditional Uses Table Of Land Uses - Owings Town Center A Owings Town Center Conditional Uses Table of Land Uses - Huntingtown Town Center A Huntingtown Town Center Conditional Uses Table of Land Uses - Prince Frederick Town Center A Prince Frederick Town Center Conditional Uses Table of Land Uses - St. Leonard Town Center A St. Leonard Town Center Conditional Uses Table of Land Uses - Lusby Town Center A Lusby Town Center Conditional Uses Table of Land Uses - Solomons Town Center A Solomons Town Center Conditional Uses Tower & Antenna Regulations Purpose General Requirements Conditions for Towers and Antennas 169 Article 3 Page 1

9 (08/07/07) 3-1 LAND USES BY DISTRICT OUTSIDE THE TOWN CENTERS 1 The Tables of Land Uses contained in Sections through list the different uses and the zoning districts in which they are permitted. If a use is not listed or does not fall within one of the general categories, it is not a permitted use in any district. If a use is specifically listed in the Land Use Tables, it takes precedence over general use listings. KEY TO LAND USE TABLES P A "P" indicates permitted uses. S An "S" indicates in which districts the property owner needs a special exception from the Board of Appeals. Refer to Article 11 of this Ordinance, concerning special exceptions. A blank indicates the use is not permitted in the district. C A "C" indicates the use is permitted only if it meets the conditions specified in the Table of Land Uses. SC An "SC" indicates the use is subject to a special exception from the Board of Appeals and must meet the conditions specified in the Table of Land Uses. Refer to Article 11 of this Ordinance, concerning special exceptions. The letters at the top of the table stand for the names of the Zoning Districts which are as follow: FFD Farm and Forest District (agricultural and low-density residential uses). See Section for a detailed description of the FFD. RCD Rural Community District (agricultural and low density residential uses). See Section for a detailed description of the RCD. RD Residential District (single-family detached, attached, and related uses). See Section for a detailed description of the RD District. WL Wetlands District (tidal and non-tidal wetlands). See Section for a detailed description of the WL District. APD Agricultural Preservation Districts (Overlay Districts intended to preserve prime agricultural and forestry land). See Section for a detailed description of Agricultural Preservation Districts. Note: The uses listed in this Section apply to APDs in the County Agricultural Preservation Program only. If a property is in a State APD, the uses must be permitted by the Maryland Agricultural Land Preservation Foundation. HD Historic Districts (Overlay Districts intended to safeguard the heritage of the County). See Section for a detailed description of Historic Districts. I-1 Light Industrial District (Light industrial and warehousing). See Sections for a detailed description of the I-1 District. RC MC EC Rural Commercial District (commercial properties outside the Town Centers). See Section for a detailed description of the Rural Commercial District. Marine Commercial District (primarily for businesses which supply and cater to marine activities). See Section for a detailed description of the Marine Commercial District. Employment Center District (mixed-use office parks, flex space, light manufacturing, warehousing, colleges, universities, and research and development businesses). See Section for a detailed description of the EC District. 1 Note: Uses permitted in the Town Centers are listed in Section 3-2 of this Ordinance and in the individual Town Center Zoning Ordinances. Article 3 Page 2

10 USE # AGRITOURISM, ECOTOURISM, & HERITAGE TOURISM USES & DEFINITIONS (in italics) Agritourism Enterprise Activities conducted on a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in a farm operation. Such activities include farm tours, hayrides, corn mazes, classes, and picnic facilities. Campground, Farm An area of a farmland where tent campsites are rented or leased or held out for rent or lease for the use of camping parties. 3. Canoe or Kayak Launching Site, Commercial A waterfront site where canoes and kayaks are launched into the water for a fee. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C 1. The activity shall be related to agriculture or natural resources and incidental to the primary operation of the farm; and 2. the use shall not be permitted on a lot or open space within a subdivision. C C C SC 1. No more than 15 campers shall be permitted; and 2. only tent camping shall be permitted (recreational vehicles and travel trailers shall not be permitted); and 3. no permanent structures shall be permitted with the exception of tent platforms and cooking grills; and 4. temporary restrooms and potable water shall be provided within 75 feet of the campsites; and 5. shower/bath facilities, electricity, and telephone lines shall not be permitted in conjunction with the campground; and 6. the campsites shall be located at least 300 feet from any adjoining properties and the road; and 7. In addition to the above conditions, the requirements of Section shall apply to Historic Districts; and 8. the use shall not be permitted on a lot or open space within a subdivision. C C C C P 1. Except in the Marine Commercial District, no motorized watercraft shall be permitted; and 2. portage and launch areas shall be stabilized to prevent erosion and there shall be no exposed soils. 4. Commercial Kitchen, Farm A food preparation facility not associated with an eating establishment used for the preparation of foods for sale for human consumption. May be attached to a farm stand. C C C C 1. The kitchen shall not exceed 2,000 square feet; and 2. goods produced shall incorporate farm commodities produced on the farm where the kitchen is located. Article 3 Page 3

11 USE # AGRITOURISM, ECOTOURISM, & HERITAGE TOURISM USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS Ecotourism Enterprise P P P P P P Activities conducted on a property and offered to the public or to invited groups for the close observation of nature. Uses include, but are not limited to, bird-watching, walking trails, and fishing ponds. This use does not include motorized activities except to provide for handicapped access. Farm Support Business An enterprise on a farm that is clearly and directly related to the practice of farming. Services include, but are not limited to, blacksmithing, farrier, farm implement repair, agricultural pest service, fertilizer service, irrigation installation service, and greenhouse construction and installation. 6a. Farm Support Business, Less than 5,000 square feet (9/22/09) 6b. Farm Support Business, More than 5,000 square feet (9/22/09) C SC C C 1. Implements being kept for parts shall be kept inside or screened from view from all public roads and adjoining properties; and 2. fertilizer mixing and/or manufacture is not permitted; and 3. the enterprise shall be specifically associated with farming. For example, the repair of farm tractors and implements would qualify whereas general diesel service or general welding services would not; and 4. the use shall not be permitted on a lot or open space in a subdivision. SC SC SC 1. Implements being kept for parts shall be kept inside or screened from view from all public roads and adjoining properties; and 2. fertilizer mixing and/or manufacture is not permitted; and 3. the enterprise shall be specifically associated with farming. For example, the repair of farm tractors and implements would qualify whereas general diesel service or general welding services would not. 4. In addition to the above conditions, the requirements of Section shall apply to Historic Districts; and 5. the use shall not be permitted on a lot or open space in a subdivision. Article 3 Page 4

12 AGRITOURISM, ECOTOURISM, & USE # HERITAGE TOURISM USES & DEFINITIONS (in italics) 7. Heritage Trail Displays (9/22/09) A trail board, kiosk, or station where visitors are directed, either for a fee or at no cost, to gain information about local history. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C C C The heritage trail display shall conform to standards established by the National Park Service. 8. Hunting Service (9/22/09) A service on a farm provided for the hunting of game birds and mammals that are managed by the Maryland Department of Natural Resources. May include guide service and/or the care of game birds and mammals killed. 9. Public Events/Public Assemblies on Farmland (9/22/09) A special event held on a farm not related to farm activities. Such uses include performing arts and concerts. 10. Rental Facilities on Farms (9/22/09) Facilities or areas on farms that are available for rent for private events such as weddings, company picnics, or private parties. 11. Sports Practice Fields on a Farm (9/22/09) Farm fields provided for non-motorized field games or sports including, but not limited to, soccer, football, volleyball, lacrosse, baseball, softball, and t-ball. P SC SC C P P P P C SC 1. No more than two events per year shall be permitted; and 2. no event shall exceed two weeks in duration; and 3. approval from the Historic District Commission shall be required for properties that are Historically Districted and the requirements of Section shall apply to those properties; and 4. approval from the Agricultural Preservation Advisory Board shall be required for properties located in Agricultural Preservation Districts. SC SC C SC 1. Approval from the Agricultural Preservation Advisory Board shall be required for properties located in Agricultural Preservation Districts. 2. In addition to the above conditions, the requirements of Section shall apply to Historic Districts; and 3. the use shall not be permitted on a lot or open space in a subdivision. C C C 1. The fields shall be used for practice only; and 2. no structures or utility connections shall be permitted; and 3. no artificial lighting shall be permitted; and 4. no impervious surfaces shall be permitted. Article 3 Page 5

13 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 1. Animal Husbandry The care and/or breeding of livestock on a farm and raised for sale or profit, including but not limited to the following animals: horses, cattle, sheep, swine, goats, bison, llamas, alpacas, rabbits, and poultry. 2a. Aquaculture, Freshwater and Land-based (9/22/09) The culture of aquatic species under natural or artificial conditions in freshwater ponds, tanks, raceways or other freshwater impoundments. This definition excludes commercial seafood processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use. 2b. Aquaculture, Marine/Estuarine (9/22/09) The culture of salt-tolerant aquatic species under natural or artificial conditions in tidal waters and coastal ponds including, but not limited to: fish farming utilizing pens, tanks or impoundments; the culture of shellfish on the bay floor or stream or river beds, in cages, or suspended from structures in the water, and the culturing of aquatic plants. This definition excludes commercial seafood processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use. 3a. Commercial Greenhouse, Retail (9/22/09) A structure or building made with translucent or light transparent walls conducive to plant growth, in which plants, vegetables, and flowers are grown for retail sale. FFD P C RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C P C P 1. Size of the parcel is three acres or more; and 2. the property qualifies for and receives an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation. C C C C C 1. In all Districts, any water discharged shall be treated through land application. 2. In the Farm and Forest District, a minimum of one (1) acre shall be provided for every 1000 square feet of building space. All structures used for aquaculture which contain more than 1000 square feet must be located at least 100 feet from all property lines. 3. In the Rural Community District and Historic Districts, only freshwater impoundments are permitted. C C C C C C C 1. In all Districts, all structures shall meet the lateral line setback requirements and those setbacks may not be reduced. 2. In the Rural Community and Residential Districts: a. the aquaculture operation shall be part of a controlled environmental remediation project; and b. no pens, tanks, or impoundments are permitted on land; and c. the operation shall be limited to the raising of shellfish and aquatic plants only. C SC SC C C P 1. Outdoor lighting of the sales area is permitted subject to Article 6; and 2. the retail greenhouse shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and 3. the sales inventory shall include plant materials and their containers only; and 4. the use shall not be permitted on a lot or open space within a subdivision. Article 3 Page 6

14 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 3b. Commercial Greenhouse, Wholesale (9/22/09) A structure or building made with translucent (light transparent) walls conducive to plant growth, in which plants, vegetables, and flowers are grown for wholesale purposes only. 4a. Commercial Kennel, with Indoor Facilities Only (9/22/09) An establishment in which household pets are kept or boarded for a fee entirely within an enclosed structure. 4b. Commercial Kennel, with Outdoor Facilities (9/22/09) An establishment in which household pets are kept or boarded for a fee where outdoor facilities such as runs, pens, and walking areas are provided. 5. Commercial or Non-Profit Stable or Horseback-Riding Club (9/22/09) An establishment in which horses are kept, trained, boarded handled, or ridden for a fee 6a. Commercial Raising of Animals, Dangerous or Wild (9/22/09) Commercial Raising of Dangerous or Wild Animals -- The production for commercial purposes of any creature defined as dangerous or wild by this Ordinance (see Dangerous or Wild Animals). Dangerous or Wild Animals Animals that, by their very nature, are wild and potentially dangerous and, as such, do not adjust well to a captive environment, including but not limited to lions, tigers, wolves, bears, reptiles, and nonhuman primates. 6b. Commercial Raising of Animals, Fur-bearing (9/22/09) The production of fur-bearing animals other than livestock, household pets for commercial purposes, such as breeding stock or for the reclamation of pelts. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C SC SC C C P P P 1. Outdoor lighting of the sales area is permitted subject to Article 6; and 2. the wholesale greenhouse shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and 3. the sales inventory shall include plant materials and their containers only; and 4. the use shall not be permitted on a lot or open space within a subdivision. C C C C C 1. all structures or accessory uses shall be at least 100 feet from any property line and 100 feet from a right-of-way. These setbacks may not be reduced; and 2. the use shall not be permitted on a lot or open space within a subdivision. C C C C 1. all structures or accessory uses shall be at least 500 feet from any property line and 300 feet from a right-of-way. These setbacks may not be reduced; and 2. the use shall not be permitted on a lot or open space within a subdivision. C C C C C The property shall contain a minimum of five acres. SC SC SC SC 1. All activities related to the operation shall be at least 200 feet from all property lines; and 2. vegetative screening including trees must be in place prior to start up; and 3. all wastes generated shall be composted on site. Article 3 Page 7

15 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 7a. Farm (9/22/09) Property receiving agricultural use assessment from the Maryland Department of Assessments and Taxation. 7b. Farm Brewery (05/12/09) (9/22/09) An establishment for the manufacture of malt liquors, such as beer and ale, using grains such as oats, hops, wheat and barley produced on the farm on which the farm brewery is located. 7c. Farm Building (9/22/09) A structure, other than a dwelling, accessory to the principal uses of the farm. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS P P P P P P P P P P C C C C C C 1. The brewery shall be designed and managed to brew no more than 15,000 barrels of beer per year; and 2. at least one of the primary ingredients shall be produced on the farm where the brewery is located; and 3. sampling and the sale for on- and off-site consumption of the brewery s products shall be permitted in accordance with State and County alcohol laws and regulations; and 4. events allowed on farms (e.g., Section , Use #10, Public Events/Public Assemblies on Farmland, and Use #11, Rental Facilities on Farms) shall be permitted on the site of the brewery in accordance with the requirements of this Ordinance and with State and County alcohol laws and regulations; and 5. the brewery shall be operated in accordance with all local, state, and federal laws; and 6. the use shall not be permitted on a lot or open space within a subdivision defined as a parcel of land under which there is a governance structure and regulations (i.e., a homeowners association and recorded covenants); and 7. retail sales of items may be permitted subject to the following additional conditions: a. the items sold are primarily associated with the farm brewery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an Artisan s and Crafter s Market or Farmers Market, as defined by this Ordinance; and b. the retails sales are conducted within the brewery or an accessory structure; and c. in no case shall the area designated for the retail sales exceed 20 percent of all brewery buildings combined. P P P P P P P P P Article 3 Page 8

16 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 7d. Farm Distillery (05/12/09) (9/22/09) A facility located wholly on a farm designed for the distillation of grains and fruits produced primarily on the farm into alcoholic beverages. 7e. Farm Stand (9/22/09) A seasonal or year-round facility located on a farm that specializes in the sale of produce, including value-added agricultural products, nursery products, and other agricultural goods. 7f. Farm, Tree (9/22/09) The operation of timber tracts, tree farms, forest nurseries, and the gathering of forest products. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C P C C C C C 1. The distillery shall be capable of producing no more than 500 liters (132 gallons); and 2. at least one of the primary ingredients shall be produced on the farm where the distillery is located; and 3. sampling and the sale for on- and off-site consumption of the distillery s products shall be permitted in accordance with State and County alcohol laws and regulations; and 4. events allowed on farms (e.g., Section , Use #10, Public Events/Public Assemblies on Farmland, and Use #11, Rental Facilities on Farms) shall be permitted on the site of the distillery in accordance with the requirements of this Ordinance and with State and County alcohol laws and regulations; and 5. the distillery shall be operated in accordance with all local, state, and federal laws; and 6. the use shall not be permitted on a lot or open space within a subdivision defined as a parcel of land under which there is a governance structure and regulations (i.e., a homeowners association and recorded covenants); and 7. retail sales of items may be permitted subject to the following additional conditions: a. the items sold are primarily associated with the farm distillery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an Artisan s and Crafter s Market or Farmers Market, as defined by this Ordinance; and b. the retails sales are conducted within the distillery or an accessory structure; and c. in no case shall the area designated for the retail sales exceed 20 percent of all distillery buildings combined. C C C C 1. Items sold are restricted to produce, value-added agricultural products, and nursery products only; and 2. any new permanent stand shall meet the front setback requirements specified in Section 5-1 and a temporary stand shall be at least 30 feet from the right-of-way. P P P P P P P P P Article 3 Page 9

17 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 7g. Farm Winery (05/12/09) (9/22/09) An establishment located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner manufactures wine and/or pomace brandy from fresh fruits or other agricultural products as allowable by state law. 8. Field Crops (9/22/09) Agricultural plant commodities traditionally grown and harvested in open land including, but not limited to, grains, vineyards, orchards, vegetables, legumes, and tobacco. 9. Forest Product Processing (9/22/09) The post-harvest processing of timber and nontimber materials from forests off-site. Such uses may include fixed-location stump-grinding and the production of mulch. This definition does not include commercial sawmills, portable sawmills, paper mills, or chip mills. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C P C C C C C 1. at least one of the primary ingredients shall be produced on the farm where the winery is located; and 2. sampling and the sale for on- and off-site consumption of the winery s products shall be permitted in accordance with State and County alcohol laws and regulations; and 3. events allowed on farms (e.g., Section , Use #10, Public Events/Public Assemblies on Farmland, and Use #11, Rental Facilities on Farms) shall be permitted on the site of the winery in accordance with the requirements of this Ordinance and with State and County alcohol laws and regulations; and 4. the winery shall be operated in accordance with all local, state, and federal laws; and 5. the use shall not be permitted on a lot or open space within a subdivision defined as a parcel of land under which there is a governance structure and regulations (i.e., a homeowners association and recorded covenants); and 6. retail sales of items may be permitted subject to the following additional conditions: a. the items sold are primarily associated with the farm winery (e.g., glassware and souvenirs) or are locally produced goods which would be permitted to be sold at an Artisan s and Crafter s Market or Farmers Market, as defined by this Ordinance; and b. the retails sales are conducted within the winery or an accessory structure; and c. in no case shall the area designated for the retail sales exceed 20 percent of all winery buildings combined. P P P P P P P P C 1. All structures shall be at least 200 feet from any property boundary that adjoins a property that is used for residential purposes; and 2. a 100-foot vegetated buffer shall be provided along such boundaries; and 3. hours of operation shall be restricted to daylight hours on weekdays only. Article 3 Page 10

18 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 10. Garden Center or Farm Supply Store (9/22/09) An establishment with retail sales of nursery stock, landscaping and/or gardening equipment and tools, seeds, and/or the sale of supplies related to farming including, but not limited to, animal feeds, fencing, irrigation supplies, fertilizer, small equipment, pesticides, and similar goods. 11a. Livestock Auction and/or Sales Barn, Commercial (9/22/09) A place of business to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. Auctions conducted by non-profit organizations such as Future Farmers of America and 4-H groups, auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted by or for a person at which livestock of such person s ownership are sold on the premises of the person, are not included in this definition. 11b. Livestock Auction by a Non-Profit Organization or Farm Owner (9/22/09) A place of business to which the public may consign livestock for sale by auction open to public bidding conducted by non-profit organizations such as Future Farmers of America and 4-H groups, including auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted by or for a person at which livestock of such person s ownership are sold on the premises of the person by a non-profit organization. 12a. Nursery, Retail (9/22/09) An area or establishment where trees, shrubs or plants are grown for transplanting, for use as stock for budding and grafting or for sale directly to the general public. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C The gross square footage of all buildings combined, regardless of use, shall not exceed 25,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06). S S S SC P P The requirements of Section shall apply to Historic Districts. C C C C P P Such auctions shall take place no more than two times per year on a single property. C C C C C P 1. Outdoor lighting of the sales area is permitted subject to Article 6; and 2. the Retail Nursery shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and 3. the sales inventory shall include plant materials and their containers only; and 4. the use shall not be permitted on a lot or open space within a subdivision. Article 3 Page 11

19 AGRICULTURAL USES & DEFINITIONS USE # (in italics) 12b. Nursery, Wholesale (9/22/09) An area or establishment where trees, shrubs or plants are grown for transplanting, for use as stock for budding and grafting or for sale to retailers or other businesses, but not directly to the general public. 13a. Veterinary Hospital or Clinic, Livestock (12/09/06) (9/22/09) A place where livestock is given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the medical use. Such use may include outdoor facilities such as runs, pens, and walking areas. 13b. Veterinary Hospital or Clinic, Small Animals and Household Pets (12/09/06) (05/12/09) (9/22/09) A place where small animals or household pets are given medical or surgical treatment and the boarding of animals is limited to indoor, shortterm care incidental to the medical use. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C P C C C C P 1. Outdoor lighting of the sales area is permitted subject to Article 6; and 2. the wholesale nursery shall be part of the overall agricultural activities on a property with an Agricultural Use Assessment from the Maryland Department of Assessments and Taxation; and 3. the sales inventory shall include plant materials and their containers only; and 4. the use shall not be permitted on a lot or open space within a subdivision. S P P P C P P The minimum lot size shall be one acre. Article 3 Page 12

20 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 1a. Apartment, Accessory to a Residence (9/22/09) A second dwelling unit either within or added to a single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling,that functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping. (08/28/07) 1b. Apartment, Accessory for Resident Watchman/Caretaker (9/22/09) See Apartment, Accessory attached to a Business FFD C RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C C 1. In the I-1 and EC Districts, accessory apartments shall only be permitted on properties on which a house existed as of the effective date of this condition (05/01/06) unless the house and apartment are constructed on an approved family conveyance lot; and 2. In all Districts, only one accessory apartment shall be created on each single-family lot. See Section D.3 for provisions regarding accessory apartments in the Critical Area; and 3. the accessory apartment shall be clearly subordinate to the single-family dwelling. a. If the apartment is not a part of the dwelling, it shall be within 100 feet of the dwelling. In no case shall it contain more than 900 square feet gross floor area of enclosed space, including enclosed porches. b. If the apartment is contained within the dwelling (i.e., as an addition or wing), then it shall contain no more than 40 percent of the total square footage of the building. c. If the apartment is located in the basement of the dwelling, then it can consist of the entire basement; and 4. An owner of the lot shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences as determined by the Zoning Officer; and 5. at least two off-street parking spaces shall be available for each unit; and 6. the owner shall obtain Health Department approval; and 7. the accessory apartment shall be located within the building restriction lines required for the principal dwelling; and 8. only one kitchen shall be permitted within the accessory apartment. Article 3 Page 13

21 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 1c. Apartment, Attached to a Business (8/28/07) (3/25/08) (9/22/09) A dwelling unit structurally attached to a business that functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping. 2. Assisted Living Facility (9/22/09) A group home with more than 16 residents that provides housing and supportive services, including health-related services, in a homelike environment. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC C C Bed & Breakfast Facility A residence where paying guests are lodged overnight and breakfast is the only meal served to overnight guests. 3a. Bed & Breakfast Facility with up to 2 Bedrooms in Use (9/22/09) 3b. Bed & Breakfast Facility with 3 to 5 Bedrooms in Use (9/22/09) C C C C 1. In the RC, MC, and EC Districts, the conditions of Section shall be met. 2. If located on an Historically Districted property, only one apartment attached to a business shall be allowed and the business shall be a permitted or special exception use within Historic Districts. In addition, the requirements of Section shall apply to Historic Districts. 1. The facility shall be operated in accordance with all applicable State and Federal requirements; and 2. site plan approval shall be obtained in accordance with Article 6, Non-Residential Development Requirements. C C C C C C 1. An owner or operator lives on the premises; and 2. the facility shall be a part of the dwelling unit with the exception that existing non-conforming guesthouses may be used; and 3. no separate kitchens shall be provided; and 4. Fire Marshall and Health Department approvals shall be obtained; and 5. breakfast shall be served to overnight lodgers only; and 6. an Occupancy Permit for such use shall be obtained. SC C C C SC SC 1. An owner or operator lives on the premises; and 2. the facility shall be a part of the dwelling unit with the exception that existing non-conforming guesthouses may be used; and 3. no separate kitchens shall be provided; and 4. Fire Marshall and Health Department approvals shall be obtained; and 5. breakfast shall be served to overnight lodgers only; and 6. an Occupancy Permit for such use shall be obtained. Article 3 Page 14

22 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 4a. Boarding House or Dormitory (more than 3 Lodgers) (9/22/09) A dwelling or part thereof, in which the owner or operator provides lodging and meals to more than three lodgers. Lodger: A non-transient individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. 4b. Boarding House or Dormitory (no more than 3 Lodgers) (9/22/09) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C C C C 1. An owner lives on the premises; and 2. no separate kitchens shall be provided. Article 3 Page 15

23 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 5a. Dwelling, Attached: Duplex (9/22/09) Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit s private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multifamily), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development). FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C Duplexes shall be permitted in the Residential District (RD) subject to the following conditions: 1. only if the property is located within the one-mile radius of a Town Center as defined by Section C; and 2. the combined lot area of the attached dwelling development is at least 30,000 square feet; and 3. the maximum units per acre shall not exceed that which is permitted under Section ; and 4. the architecture of the attached dwelling development is such that the building looks like a single-family detached dwelling; and 5. the entryways for each unit shall be located on different walls; and 6. the development shall comply with Section 5-3 of this Ordinance. Duplexes shall be permitted in the Rural Community District as a Pilot Program subject to the following conditions: 1. No more than 12 individual dwelling units shall be permitted per Election District per year; and 2. attached dwellings are not permitted on lots or outlots within subdivisions recorded prior to the effective date of this condition (05/01/06); and 3. the minimum lot size shall be two acres; and 4. prior to plot plan approval, covenants shall be recorded in the Land Records indicating that the dwelling units are restricted to occupants who qualify for workforce housing in perpetuity. Renter eligibility shall be determined by the Calvert County Housing Authority; and 5. the owner of the property may live in one of the units without meeting the income criteria of condition d ; and 6. the architecture of the attached dwelling is such that the building looks like a single-family detached dwelling. Article 3 Page 16

24 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 5b. Dwelling, Attached: Fourplex (9/22/09) Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit s private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multifamily), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development). 5c. Dwelling, Attached: Multi-Family (9/22/09) A residential building containing two or more attached dwelling units with horizontal separation between any of the dwelling units. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C Fourplexes shall be permitted in the Residential District (RD) subject to the following conditions: 1. only if the property is located within the one-mile radius of a Town Center as defined by Section C; and 2. the combined lot area of the attached dwelling development is at least 30,000 square feet; and 3. the maximum units per acre shall not exceed that which is permitted under Section ; and 4. the architecture of the attached dwelling development is such that the building looks like a single-family detached dwelling; and 5. the entryways for each unit shall be located on different walls; and 6. the development shall comply with Section 5-3 of this Ordinance. Fourplexes shall be permitted in the Rural Community District as a Pilot Program subject to the following conditions: 1. No more than 12 individual dwelling units shall be permitted per Election District per year; and 2. attached dwellings are not permitted on lots or outlots within subdivisions recorded prior to the effective date of this condition (05/01/06); and 3. the minimum lot size shall be two acres; and 4. prior to plot plan approval, covenants shall be recorded in the Land Records indicating that the dwelling units are restricted to occupants who qualify for workforce housing in perpetuity. Renter eligibility shall be determined by the Calvert County Housing Authority; and 5. the owner of the property may live in one of the units without meeting the income criteria of condition d ; and 6. the architecture of the attached dwelling is such that the building looks like a single-family detached dwelling. Article 3 Page 17

25 USE RESIDENTIAL USES & DEFINITIONS # (in italics) 5d. Dwelling, Attached: Townhouse (9/22/09) Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit s private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multi-family), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development). 5e. Dwelling, Attached: Triplex (9/22/09) Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit s private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (see Dwelling, Multi-family), or attachment to any non-residential use or parking garage (see Mixed Use Building or Development). FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C Townhouses shall be permitted in the Residential District (RD) subject to the following conditions: 1. only if the property is located within the one-mile radius of a Town Center as defined by Section C; and 2. the combined lot area of the townhouse development is at least 30,000 square feet; and 3. the maximum units per acre shall not exceed that which is permitted under Section ; and 4. the development shall comply with Section 5-3 of this Ordinance. C C Triplexes shall be permitted in the Residential District (RD) subject to the following conditions: 1. only if the property is located within the one-mile radius of a Town Center as defined by Section C; and 2. the combined lot area of the attached dwelling development is at least 30,000 square feet; and 3. the maximum units per acre shall not exceed that which is permitted under Section ; and 4. the architecture of the attached dwelling development is such that the building looks like a single-family detached dwelling; and 5. the entryways for each unit shall be located on different walls; and 6. the development shall comply with Section 5-3 of this Ordinance. Triplexes shall be permitted in the Rural Community District as a Pilot Program subject to the following conditions: 1. No more than 12 individual dwelling units shall be permitted per Election District per year; and 2. attached dwellings are not permitted on lots or outlots within subdivisions recorded prior to the effective date of this condition (05/01/06); and 3. the minimum lot size shall be two acres; and 4. prior to plot plan approval, covenants shall be recorded in the Land Records indicating that the dwelling units are restricted to occupants who qualify for workforce housing in perpetuity. Renter eligibility shall be determined by the Calvert County Housing Authority; and 5. the owner of the property may live in one of the units without meeting the income criteria of condition d ; and 6. the architecture of the attached dwelling is such that the building looks like a single-family detached dwelling. Article 3 Page 18

26 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 5f. Dwelling, Detached: Single-Family (9/22/09) A single-family dwelling which is not attached to any other dwelling. 6. Group Home (9/22/09) A community-based living facility offering a family or home-like environment for up to 16 residents for people who need assistance or care in some form (e.g., seniors, disabled, etc.). FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS 7. Liveaboards (9/22/09) Permanent occupancy of watercraft. This definition does not apply to weekend and shortterm vacation use of watercraft. C C C C C C C C C C 1. Only one single-family detached dwelling shall be permitted per buildable lot or parcel; and 2. at least 50 percent of the length of the building shall be 20 feet wide, excluding porches; and 3. in the I-1, RC, MC, and EC Districts, one single-family dwelling is permitted per lot or parcel of record as of the effective date of this condition (05/01/06). Exception: family conveyance subdivisions shall be permitted in the I-1 and EC Districts subject to the provisions of Article 5. C C C C C 1. No more than 16 residents reside on the premises, excluding the owner and/or employees; and 2. no separate kitchens shall be provided; and 3. Health Department approval shall be obtained for the number of bedrooms in use in the residence. 1. Marinas with one to 100 wet slips shall have no more than one liveaboard. Marinas with 10l to 200 wet slips shall have no more than two liveaboards, marinas with 20l to 300 slips shall have no more than three liveaboards, and marinas with 300+ slips shall have no more than four liveaboards; and 2. the marina shall have pump-out facilities and shower facilities available year-round; and 3. the sewage systems on liveaboards shall be closed systems. No overboard discharge shall be permitted. 8a. Manufactured Home Community (9/22/09) Any property containing two or more manufactured homes sold, leased or held out for lease to residents or prospective residents (a.k.a. "MH Community"). 8b. Manufactured Home, Farm (9/22/09) C C C C C 1. No more than one manufactured home shall be located on any one farm; and 2. the property shall consist of a minimum of 25 acres; and 3. the manufactured home shall be used in conjunction with agricultural purposes; and 4. the manufactured home shall be occupied by a person or family associated with agricultural activities on the farm. Article 3 Page 19

27 USE # 8c RESIDENTIAL USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS Manufactured Home on Individual Lot (9/22/09) C C C 1. In the I-1, RC, MC, and EC Districts, one manufactured home is permitted per lot or parcel of record as of the effective date of this condition (05/01/06). Exception: family conveyance subdivisions shall be permitted in the I-1 and EC Districts subject to the provisions of Article 5; and 2. the unit appears to have a permanent and continuous foundation; and 3. the unit is at least 24 feet wide; and 4. the unit has a pitched roof; and 5. the unit is constructed under the latest HUD standards. 6. the exterior walls of the unit look like wood or masonry, regardless of their actual composition; and 7. if the lot is a part of a subdivision, then the subdivision plat shall be so noted and signed by all property owners to permit manufactured homes. 8d. Manufactured Home or Recreational Vehicle (Emergency) (9/22/09) Manufactured Home: A transportable structure designed to be used as a dwelling, built in one or more sections in a factory and bearing a seal certifying that it conforms to the U.S. Department of Housing and Urban Development's (HUD) Manufactured Home Construction and Safety Standards Code (a.k.a. mobile home or residential trailer). This definition does not include modular houses. Recreational Vehicle: A vehicular portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes. 8e. Manufactured Home For Resident Watchman/Caretaker (9/22/09) C C C C C C C C C In case of fire or other disaster that was not intentionally caused by the owner and that destroys the livability of a residence, the Zoning Officer may issue a permit for one manufactured home or recreational vehicle to serve as a temporary shelter on the premises. If such temporary use exceeds six months, the Board of Appeals may approve an extension for a period of one year beyond the date such temporary residence was established. After the initial extension, the Board of Appeals may grant additional extensions at six-month intervals upon the applicants request and at the Board s discretion. Article 3 Page 20

28 USE # RESIDENTIAL USES & DEFINITIONS (in italics) 8f. Manufactured Home Subdivision (9/22/09) A subdivision developed and/or intended for the sale of lots to be used as manufactured home sites. 9a. Tenant House (9/22/09) A farm dwelling, other than the main farm house, for occupancy by a person or family associated with the operation of the farm. 9b. Tenant Houses, Additional (no more than 2 additional) (9/22/09) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C 1. All units shall appear to have a permanent and continuous foundation; and 2. all units shall be at least 20 feet wide. For single-wide units, the width can be made up with a porch or carport addition at least two/thirds the length of the unit; and 3. all units shall have pitched roofs; and 4. all units shall be constructed under the latest HUD standards; and 5. the exterior walls of all units shall look like wood or masonry, regardless of their actual composition; and 6. the subdivision shall be a major subdivision (minimum six lots); and 7. the density shall be the same as that permitted for single-family detached; and 8. it shall be designated as a Manufactured Home Subdivision on an approved plat. C C C C C 1. The property shall consist of a minimum of 25 acres; and 2. the owner shall demonstrate to the Zoning Officer that the property meets the definition of a farm; and 3. the tenant house shall be at least 60 feet from any other dwelling on the property. SC SC C SC 1. The property shall consist of a minimum of 25 acres for each tenant house; and 2. the owner shall demonstrate to the Zoning Officer that the property meets the definition of a farm; and 3. the tenant house shall be at least 60 feet from any other dwelling on the property. 4. In addition to the above conditions, the requirements of Section shall apply to Historic Districts. Article 3 Page 21

29 USE # COMMERCIAL RETAIL USES & DEFINITIONS (in italics) 1. Agricultural Machinery, Service and/or Supplies A facility designed for the maintenance and sale of goods related to farm machinery including tractors, plows, backhoes, balers, harrows, harvesters, manure spreaders, seeders, and similar machinery used directly in agricultural production. 2. Antiques Sales An establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period. All sales and storage occur inside a building. 3. Art Gallery Premises used principally for the sale, display and exhibition of arts and craft products and may include accessory production or instruction in the production of arts and crafts using paint, clay, fabric or other media. 4. Auction Building (9/22/09) A place where auctions are held. Merchandise to be auctioned may be stored and displayed prior to the auction. This definition does not include Livestock Auction Barns. 5. Boat Dealership (9/22/09) The use of any building, land area or other premise for the sale, exchange, rental, or lease with option to purchase, of more than two new or used watercraft per year. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS P P SC P P The requirements of Section shall apply to Historic Districts. SC P P The requirements of Section shall apply to Historic Districts. C S P 1. Auctions shall be held no more often than once a month; and 2. there shall be no outside storage of articles to be sold; and 3. the Auction Building shall not be used for the sale or auction of motor vehicles. Article 3 Page 22

30 USE # COMMERCIAL RETAIL USES & DEFINITIONS (in italics) 6. Home Improvement Center (9/22/09) A commercial retail store that sells lumber and other building materials, where most display and sales activities occur indoors. Products sold may include paint, wallpaper, glass, fixtures, nursery stock, home appliances, and lawn and garden equipment and supplies. Includes stores selling to the general public even if contractor sales account for a major proportion of total sales. 7. Manufactured Home Dealer (9/22/09) An establishment that sells manufactured homes as are defined by this Ordinance. 8a. Market, Artisans and Crafters (9/22/09) A site with or without permanent structures, operated on a seasonal or year-round basis that allows multiple artists and/or crafters to retail products that they produced directly to consumers. May operate separately or in conjunction with a Farmers Market and/or a Waterman s Market. 8b. Market, Farmers' (3/25/08) (9/22/09) A structure, either permanent or temporary, operated on a seasonal or year-round basis, that allows one or more agricultural producers to retail their products and agriculture-related items directly to consumers. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C The gross square footage of all buildings combined, regardless of use, shall not exceed 25,000 square feet per lot or parcel of record as of August 10, C The manufactured homes shall be screened from adjoining properties and the road. SC C C 1. It is located on property with the permission of the owner; and 2. any new permanent market meets the front setback requirements specified in Section 6-2. A temporary market shall be at least 30 feet from the right-of-way; and 3. in addition to the above conditions, the requirements of Section shall apply to Historic Districts. C C 1. It shall be restricted to selling farm-produced and/or valueadded products only; and 2. it shall be located on property with the permission of the owner; and 3. any new permanent market shall meet the front setback requirements specified in Section 6-2. Article 3 Page 23

31 USE # COMMERCIAL RETAIL USES & DEFINITIONS (in italics) 8c. Market, Flea (9/22/09) P An occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public for a fee or other compensation paid to a for-profit entity. There may exist long-term or short-term leases between the sellers and operators and the sellers may use their own vehicles for display or set up temporary tables or booths for their wares or stalls or other means of display may be provided. 8d. Market, Watermen s (9/22/09) C A site with or without permanent structures, operated on a seasonal or year-round basis that allows watermen possessing a Maryland Commercial Fishing License to retail their products. May operate separately but in conjunction with a Farmers Market and/or an Artisans and Crafters Market. 9. Mobile Food Sales (9/22/09) Mobile Food Sales - The selling of food from a mobile food-vending unit that is temporarily parked or located on a private parcel of property. Mobile Food Vending Unit - Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground from which only prepared, ready-to-eat food is sold. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS P C 1. The market is restricted to selling seafood only; and 2. the market is located on property with the permission of the owner; and 3. any new permanent market shall meet the front setback requirements specified in Section 6-2. A temporary market may be as close as 30 feet from the right-of-way. C C C C 1. the mobile food-vending unit shall be located on property with the permission of the owner; and 2. while in operation, the mobile food vending unit shall not be parked at a single property for more than one hour per site; and 3. Health Department approval is obtained. Article 3 Page 24

32 USE # COMMERCIAL RETAIL USES & DEFINITIONS (in italics) 10a. Retail Commercial Building (9/22/09) A building that houses a commercial retail establishment that either stands alone or is connected to other buildings by a common wall having no entrances or exits. A commercial retail building may include more than one retail establishment and/or service. 10b. Retail Commercial Building with Drive-up Facility (9/22/09) A commercial retail building that includes a structure or part of a structure designed to accommodate patrons motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business. 11. Retail Commercial Sale or Display Area, Outdoor (9/22/09) The use of space exterior to the walls of a retail commercial building for the sale and/or display of products. This definition does not include outdoor storage and does not apply to temporary retail sales conducted by non-profit organizations (e.g., seasonal sales). FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C Condition in the RC District: The gross square footage of all buildings combined, regardless of use, shall not exceed 25,000 square feet per lot or parcel of record as of August 10, Condition in the MC District: The retail commercial use is shall be marine-related. Conditions in the EC District: 1. The commercial retail use shall serve primarily the other businesses on site; and 2. the commercial retail use shall not be adjacent to an arterial or collector road; and 3. the total commercial retail use shall consist of no more than 1,000 square feet per lot or parcel of record as of August 10, C C 1. An outdoor retail commercial sale or display area shall only be permitted as an accessory use to an approved retail commercial building and shall not exceed 25 percent of the size of the associated retail commercial building; and 2. site plan approval shall be obtained; and 3. the sale or display area shall not be located within designated parking areas unless it can be demonstrated that the parking requirements will be met. Note: Parking shall be provided for the outdoor sales area in addition to the retail commercial building; and 4. the sale or display area shall not be located within designated travelways; and 5. fencing and/or screening may be required; and 6. in the MC District, the use shall be marine-related. Article 3 Page 25

33 USE BUSINESS & PERSONAL SERVICE USES & FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS # DEFINITIONS (in italics) 1. Boat Service and/or Repair P P A facility designed for the maintenance of watercraft and watercraft-related accessories including engines, hulls, masts, trailers, and sails. 2. Boat Storage, Commercial C C C C P P The Commercial Boat Storage shall be in a barn that was in A facility designed for the keeping of watercraft existence as of the effective date of this condition (05/01/06). and associated trailers. 3. Boatel P A combination of a motel and marina which is accessible to boats as well as automobiles and may include boat sales and servicing facilities, has overnight accommodation for transients and may have eating and drinking facilities. 4. Commercial Kitchen (not associated with an Eating C C C 1. No retail sales shall be permitted; and Establishment) 2. no on-site consumption of the food prepared in the Commercial A food preparation facility not associated with Kitchen shall be permitted. an eating establishment used for the preparation of foods for sale for human consumption off-site. 5. Commercial Pier A pier used for commercial purposes such as chartering fishing boats, selling gas, etc. P 6. Commercial Trade or Business School A building or land where instruction is given to pupils in professional trades or business and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation. Includes schools for general licensure such as drivers, cosmetology, real estate, commercial driver, and other licenses. 7. Corporate Headquarters An office or complex of offices serving as the primary head office of a commercial or industrial corporation. P C P In the Marine Commercial District, the school must provide instruction primarily in a marine-related trade or business. C C P In the I-1 District: The corporate office shall consist of at least 5,000 square feet of net office space. In the MC District: The business shall be marine-related. Article 3 Page 26

34 USE BUSINESS & PERSONAL SERVICE USES & # DEFINITIONS (in italics) 8. Crematorium A building or portion of a building that houses the necessary equipment and facilities for the cremation of human or animal remains. 9. Drive-Up Facility, Accessory (9/22/09) A structure which is designed to accommodate patrons motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business. 10a. Eating Establishment with No Outdoor Patron Area (9/22/09) A public eating place that serves food for consumption at tables or counters located entirely within a structure on the premises, or by carry-out or delivery. This term shall include, but not be limited to, an establishment known as a cafeteria, delicatessen, café, smorgasbord, diner or similar business where the sale of alcohol constitutes less than 50 percent of the total sales. 10b. Eating Establishment with Outdoor Patron Area (9/22/09) A public eating place that serves food for consumption at tables or counters located on the premises (either indoors or outdoors), or by carry-out or delivery. This term shall include, but not be limited to, an establishment known as a cafeteria, delicatessen, café, smorgasbord, diner or similar business where the sale of alcohol constitutes less than 50 percent of the total sales. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS P C The crematorium shall be accessory to a funeral home. SC P P C 1. In the EC District, the eating establishment shall be either a cafeteria for the business, serving primarily the employees on site, or a part of a business park and the eating establishment shall not be adjacent to an arterial or collector road. 2. In the HD District, the requirements of Section shall apply to Historic Districts. SC P P C 1. In the EC District, the eating establishment shall be either a cafeteria for the business, serving primarily the employees on site, or a part of a business park and the eating establishment shall not be adjacent to an arterial or collector road. 2. In the HD District, the requirements of Section shall apply to Historic Districts. Article 3 Page 27

35 USE BUSINESS & PERSONAL SERVICE USES & # DEFINITIONS (in italics) 11. Entertainment Business, Adult Enterprises that provide activities characterized by live, closed circuit, or reproduced material, including print, audio, and audiovisual media, that has an emphasis on nudity and/or sexual activity and/or sexual stimulation. Adult entertainment businesses include but are not limited to the following types of establishments: adult bookstores, adult theaters, adult arcades, adult cabarets, gentlemen s clubs or shows, strip clubs or shows, burlesque clubs or shows, adult paraphernalia shops, and other establishments which feature a combination of activities or merchandise described above which collectively make up a substantial or significant portion of the establishment's activities or merchandise. The term adult entertainment business also includes other uses similar to the uses listed above, presenting material for patrons to view (live, closed circuit or reproductions using all types of media), and/or purchase or rent, a substantial portion of which is characterized by an emphasis on nudity and/or sexual activity and/or sexual stimulation, and limiting entrance to patrons who are over 18 years of age. 12. Flex Space Business (3/25/08) A commercial enterprise consisting of a combination of uses by a single company in an individual or multi-tenant building. Uses may include a mix of office, retail, showroom, assembly, warehouse, laboratory or light manufacturing. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C 1. Retail uses shall occupy no more than 15 percent of the net flex space business. 2. In the I-1 District, office uses shall occupy no more than 50 percent of the net flex space business. 3. In the MC District, all flex space businesses shall be marinerelated. 4. In the EC District, no outside storage, including vehicles, is permitted. Article 3 Page 28

36 USE BUSINESS & PERSONAL SERVICE USES & FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS # DEFINITIONS (in italics) 13. Funeral Home P An establishment, licensed by the State, that prepares human remains for burial, coordinates the cremation of remains, and arranges, manages, and/or conducts funeral services and memorial services. A funeral home may also sell burial goods as accessory to the primary use. A funeral home may include a chapel or other facility in which funerals are conducted. This definition does not include crematoriums or cemeteries. Home Occupation Any activity carried out for gain by a resident as an accessory use in the resident's dwelling unit. This definition does not apply to business activities conducted on farms, as permitted by this Zoning Ordinance. 14a. Home Occupation - All Employed are Residents (9/22/09) C C C C C C C C C 1. The occupation shall be conducted within the dwelling or an accessory structure; and 2. no outside storage of equipment, materials or items to be repaired shall be permitted; and 3. no article or commodity shall be offered for sale or publicly displayed on the premises except those incidental to the services offered; and 4. applicable State Licenses shall be obtained; and 5. the space occupied by all the occupations on a single site shall not exceed 600 square feet including storage. Exception: The use of a tobacco barn for a home occupation is permitted, regardless of size, with the conditions that (a) the barn shall have been in existence as of the effective date of this condition (05/01/06); and (b) the barn shall be constructed of wood; and 6. if road access to the home occupation is gained through another person's property via an easement type road right-of-way, written approval of those property owners shall be obtained. 7. Condition #6 above applies to all home occupations in which customers come to the premises. 8. Non-medical and medical offices, office support services, home studios, and personal service uses are permitted as home occupations. Other uses that are listed separately in the Land Use Charts shall not be permitted as home occupations (e.g., Automobile Repair, Commercial Studios, Commercial Performing Arts Studios, etc.). 9. Total signage for home occupations shall be restricted to four square feet, and all signs shall be erected at least 10 feet from the edge of the right-of-way. Article 3 Page 29

37 USE BUSINESS & PERSONAL SERVICE USES & # DEFINITIONS (in italics) 14b. Home Occupation with up to 2 Equivalent Full-time nonresident employees (9/22/09) 15a. Laundry, Industrial (9/22/09) An establishment providing washing, drying or dry cleaning of uniforms, linens, etc. for businesses. 15b. Laundry / Laundromat (9/22/09) A place where patrons wash, dry or dry-clean clothing or other fabrics in machines operated by the patron. 16. Motel or Hotel (9/22/09) Motel: A building or group of buildings containing guest rooms which are provided for transient occupancy only, including auto courts, motor lodges and tourist homes. Hotel: A facility which offers transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities. 17a. Nightclub, Lounge (9/22/09) An establishment, either open to the public or operated as a private club, which is distinguished from a Tavern or Bar by the provision of areas for entertainment and/or dancing, and which may or may not include the sale of alcohol, food or other beverages. 17b. Nightclub or Lounge with Outdoor Patron Area (9/22/09) Nightclub, Lounge (See Definition, Above) Patron Area: An indoor or outdoor area of an eating establishment or similar use including but not limited to a tavern, nightclub, lounge, or bar designated for use by customers and/or the general public for eating, drinking, congregating, and/or waiting for service. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC SC SC C SC C C C C SAME CONDITIONS AS ABOVE, PLUS: In addition to the above conditions, the requirements of Section shall apply to Historic Districts. P P P S P P S S Article 3 Page 30

38 USE # BUSINESS & PERSONAL SERVICE USES & DEFINITIONS (in italics) 18a. Office, Medical or Clinic (9/22/09) An establishment used by members of licensed health care and medical professions to provide diagnosis and treatment to the general public without overnight accommodation and with accessory uses such as reception areas, administrative offices, consultation rooms, x- ray and minor operating rooms and a dispensary, providing that all such uses have access only from the interior of the building or structure. Examples of such professions include dentists, chiropractors, osteopaths, physicians, and occupational therapists. This definition does not include personal services, such as licensed massage therapists. 18b. Office, Non-medical (9/22/09) An establishment for professional, executive and administrative offices, including those of accountants, lawyers, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated, but not including medical professions, barbers, beauty parlors, cosmetologists, or other personal service establishments. 19. Office Support Services, including printing, copying, faxing, internetworking, etc. (9/22/09) Businesses that are complimentary to the conduct of business, trades, and professions and provide support such as photo/photocopying, printing, postal/delivery, travel/tourism, and telecom and computer/internet support services. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC C P 1. The gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06). 2. The requirements of Section shall apply to Historic Districts. SC C C P 1. The gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06). 2. In the MC District, the non-medical office shall be marinerelated. 3. The requirements of Section shall apply to Historic Districts. C C P 1. Individual office support businesses shall be limited to no more than 2,000 square feet; and 2. the gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06). Article 3 Page 31

39 USE # BUSINESS & PERSONAL SERVICE USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS Personal Services Premises in which services with respect to the grooming of persons are conducted, including those of licensed massage therapists, cosmetologists, estheticians, nail technicians and make-up artistry. 20a. Personal Services, Less than 5,000 square feet (9/22/09) C 20b. Personal Services, More than 5,000 square feet (9/22/09) 21a. Tavern, Bar (9/22/09) An establishment, either open to the public or operated as a private club, where more than 50 percent of the total sales are from the sale of alcohol, and which may or may not include the sale of food or other beverages, but which does not include areas for entertainment and/or dancing. 21b. Tavern or Bar with Outdoor Patron Area (9/22/09) Tavern or Bar (See Definition, Above) Patron Area: An indoor or outdoor area of an eating establishment or similar use including but not limited to a tavern, nightclub, lounge, or bar designated for use by customers and/or the general public for eating, drinking, congregating, and/or waiting for service. C S S S 1. Individual personal service businesses shall be limited to no more than 5,000 square feet; and 2. the gross floor area of all buildings combined shall not exceed 10,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06). Article 3 Page 32

40 USE # RECREATION USES & DEFINITIONS (in italics) 1. Campground and/or Recreational Vehicle Camp, Non- Farm (9/22/09) A lot, parcel or tract of land, together with the open space and sanitary facilities used or designed to accommodate two or more recreational vehicles, tents, or similar temporary accommodations, including all buildings, structures and appurtenances used or intended as part of such recreational vehicle camp, whether or not a charge is made for use of the camp and/or its facilities. (Automobile or manufactured home sales lots, on which unoccupied vehicles are parked for inspection and sale, are not included in this definition.) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC SC 1. See the conditions specified in Section In the Farm & Forest District, the campground shall be located on a collector or arterial road; and 3. the use shall not be permitted on a lot or open space within a subdivision. Carnival, Fair or Circus, Temporary: A traveling or short-term enterprise which entertains the public by the provision of performances such as feats of skill or daring by humans or animals, and/or amusement rides, exhibitions, or games, and/or food and beverage stands. Amusement ride means a mechanical device that carries passengers along, under, around, through or over a fixed course, or within a limited area, for the amusement of the passengers, and includes but is not limited to a merry-go-round or ferris wheel. 2a. Carnival, Fair or Circus, Temporary, on Less than 5 Acres (9/22/09) 2b. Carnival, Fair or Circus, Temporary, on More than 5 Acres (9/22/09) SC SC SC SC SC SC SC SAME CONDITIONS AS IMPOSED FOR MORE THAN 5 ACRES. C C C C When sponsored by a non-profit organization, provided that the following conditions are met: 1. The parcel is used as such for no more than l4 days a year; and 2. a County permit for the event is obtained before the event begins. The permit is to include approvals by the Health Department, Inspections & Permits Division, and the Public Safety Department. 3. A carnival, fair or circus located on property where there exists a building occupied by a non-profit organization will be considered an accessory use. However, operators of the carnival, fair or circus must obtain a permit from the County before the event begins. Article 3 Page 33

41 USE # RECREATION USES & DEFINITIONS (in italics) Commercial or Non-Profit Meeting Hall, Banquet Hall (9/22/09) Any structure maintained, in whole or in part, for public rental for the purpose of private party events, whether family, group, or corporate in nature, where access by the general public is restricted, and with or without the sale, serving or consumption of alcoholic beverages and food. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS S S P 4. Convention Center (9/22/09) A facility in a completely enclosed building used for corporate, trade and professional meetings, training seminars, trade shows and/or exhibition of products and technology and that may include supporting dining, lodging and recreational facilities as accessory uses. P 5. Drive-in Theatre (9/22/09) An open lot with its appurtenant facilities devoted primarily to showing motion pictures on a paid admission basis to patrons seated in automobiles. S 6. Golf Course (9/22/09) S P P P P A facility designed for the playing of the game of golf, including accessory uses such as a driving range or miniature golf course. (08/08/06) 7. Marina (9/22/09) A facility for storing, servicing, fueling, berthing and securing boats. P 8a. Recreation Facility, Indoor Commercial (9/22/09) An entirely enclosed building or facility which offers commercial indoor sports activities including but not limited to tennis, batting cages, bowling, skating, racquetball, arcade games, volleyball, basketball, indoor soccer, martial arts, miniature golf, paint ball, laser tag or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices. Article 3 Page 34 C The total square footage of the indoor recreation facility shall be limited to no more than 25,000 square feet;

42 USE # RECREATION USES & DEFINITIONS (in italics) 8b. Recreation Facility, Indoor Commercial: Bingo Hall (9/22/09) Premises used for the purposes of playing a game of chance in which players place markers on a pattern of numbered cards according to numbers drawn, announced or displayed either electronically or by a caller, in which money and/or prizes are wagered. This definition does not include player-operated video lottery terminals or slot machines. 8c. Recreation Facility, Indoor Commercial: Fitness Center (9/22/09) An establishment offering or providing facilities in controlled exercise, weight lifting, calisthenics, aerobics, and general physical fitness. 8d. Recreation Facility, Indoor Commercial: Studio (9/22/09) Premises used principally for the production of arts and craft products using paint, clay, fabric, metal or other medium and may include accessory sales, display and exhibition of arts and craft products. 8e. Recreation Facility, Indoor Commercial: Studio, Performing Arts (9/22/09) A facility, catering to more than three students at a time, that contains specialized equipment and other support services for the study and training of performing arts, including but not limited to dance, voice, theatre or music, and may include accessory sales, displays and exhibits FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C 1. The total gross square footage of the fitness center shall be limited to no more than 25,000 square feet; and 2. in the EC District, the fitness center shall be accessory to the on-site businesses. C C C 1. The studio shall be used as a place of work by artists, for instructional purposes, and other related activities only; and 2. retail sales shall be limited to items associated with the primary use only (e.g., art supplies, uniforms, costumes). C C The total square footage of the performing arts studio shall be limited to no more than 25,000 square feet. Article 3 Page 35

43 USE # RECREATION USES & DEFINITIONS (in italics) 9. Recreation Facility, Outdoor Commercial (9/22/09) An area or structure that offers commercial entertainment or recreation where any portion of the activity takes place outside. This includes but is not limited to a golf driving range, batting cages, riding arenas and corrals, racquet sports, miniature golf, paint ball, archery range, or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices. This definition does not include motorized vehicle sports such as go-cart tracks, dirt bike trails and all-terrain vehicle trails. 10. Retreat, Day (9/22/09) A facility designed with the specific intent of facilitating spiritual and or educational enrichment needs and that may include supporting dining, and recreational facilities as accessory uses. 11a. Target Range, Indoor (9/22/09) A building that is used for the purpose of organized shooting events or practice using rifles, shotguns, pistols, etc. 11b. Target Range, Outdoor (9/22/09) A permanently located and improved area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting in an outdoor environment, but does not permit the use of air guns or paintball guns. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C S Sufficient buffering and screening shall be imposed, especially when the subject property is located adjacent to a residential area. A minimum 50-foot wide buffer shall be maintained between the outdoor recreation facility and all adjoining commercially-used property. A minimum 100-foot wide buffer shall be maintained between the outdoor recreation facility and all adjoining residentially-used property and roads. C C C C P The lot size shall be a minimum of 20 acres. SC SC SC 1. The use shall be located at least l,000 feet from any existing property boundary; and 2. a site development plan shall be submitted to and approved by the Planning Commission, which, at a minimum, incorporates nationally accepted standards for target range construction. 1. The use shall be located at least l,000 feet from any existing property boundary; and 2. a site development plan shall be submitted to and approved by the Planning Commission, which, at a minimum, incorporates nationally accepted standards for target range construction. Article 3 Page 36

44 USE COMMERCIAL WHOLESALE USES & FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS # DEFINITIONS (in italics) 1. Mini-Storage P P A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. Warehouse A structure used for the storage and/or distribution of products 2a. Warehouse, Indoor (9/22/09) P P 2b. Warehouse, Outdoor (9/22/09) C C Provided that high screening is provided in accordance with Article Wholesale Lumber and/or Other Building Materials less C C Provided that all buildings combined do not exceed 25,000 square than 25,000 square feet (9/22/09) feet per lot or parcel of record as of August 10, A business primarily engaged in sales to contractors of bulk or large building materials including, but not limited to, lumber, drywall, windows, doors, trusses, roofing, insulation, and masonry materials. 4. Wholesaling, Indoor Only (9/22/09) Those uses primarily engaged in the sale of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers. Wholesale or warehouse membership clubs are considered to be a commercial retail use. P C Provided that all buildings combined do not exceed 25,000 square feet per lot or parcel of record as of the effective date of this condition (05/01/06). Article 3 Page 37

45 MOTOR VEHICLE & RELATED SERVICE USE # USES & DEFINITIONS (in italics) 1a. Automobile Filling Station (9/22/09) A building or lot having pumps and storage tanks at which automotive fuels, oils, and/or accessories are dispensed, sold or offered for sale at retail. 1b. Automobile Filling Station with Convenience Store and/or Eating Establishment (9/22/09) A building or lot having pumps and storage tanks at which automotive fuels, oils, and/or accessories are dispensed, sold or offered for sale at retail. An Automobile Filling Station that includes a building that is used for retail sales of packaged or prepared food, beverages, lottery tickets, tobacco products, and limited stock of groceries or similar products for the traveling public or neighborhood residents. May include automotive fuel dispensing services and an eating establishment without a drive-through facility. 2. Automobile Parking Lot/Garage as a Principal Use (9/22/09) A public or private area other than a street or public right-of-way, used for the temporary storage (parking) of operable passenger automobiles and commercial vehicles, and available either for compensation, or free. 3. Automobile Parts Dismantling and/or Storage (9/22/09) Any premises used for the dismantling or wrecking of motor vehicles and trailers including premises used in the storing, keeping, buying, selling, or dealing in dismantled wrecked, inoperative or disabled vehicles or integral parts of component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers, or parts thereof. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop while waiting for repair. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS Article 3 Page 38 C P C C 1. The parking or storage of automobiles which have been dismantled, wrecked, or junked shall not be permitted; and 2. the sale of automobiles shall not be permitted.

46 MOTOR VEHICLE & RELATED SERVICE USE # USES & DEFINITIONS (in italics) 4. Automobile Repair/Service Shop without fuel sales (9/22/09) Any building or lot used for automobile repair and/or bodywork facilities and which may have automobile servicing, but not the sale of fuels. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C SC 5. Bus Lot or Garage (9/22/09) Location where more than one commuter, school or charter bus is parked or garaged. 6. Car Wash (9/22/09) C SC Mechanical facilities for the washing or waxing of private automobiles, light trucks and vans, but not commercial fleets, as an accessory use to an automobile filling station and/or service shop. May include self-service facilities. 7. Commuter Parking Lot (8/28/07) ( 3/25/08) (9/22/09) An area for the temporary storage (parking) of operable passenger automobiles that is designated for use by persons commuting to and from their place of employment and may be used for commuter bus connections and/or ridesharing or carpooling. Includes park and ride lots. 8a. Inoperative Motor Vehicle, 1 per lot (9/22/09) A motor vehicle that cannot move along a road under its own power. 8b. Inoperative Motor Vehicles, 2 per lot (9/22/09) P 1. No fuel pump, oil draining pit, or other visible appliance for servicing automobiles shall be located within 100 feet of the front lot line; and 2. no structure or building shall be erected within 150 feet of any dwelling or 100 feet from any arterial road. Neither setback may be reduced. 3. No more than 10 inoperative vehicles and/or junk cars are allowed, except those which are 100 percent screened from adjoining properties and rights-of-way. An area for the storage of junk cars shall be so designated, separate from customer parking. 4. Junk vehicles shall be removed after 30 days. C High screening shall be provided in accordance with Article No new car washes shall be permitted within Rural Commercial property which adjoins or has access to an arterial road; and 2. car washes shall be designed to provide sufficient stacking room so that vehicles are not forced to use adjacent roadways as waiting areas; and 3. in the I-1 Districts, the car wash shall be accessory to the light industrial uses on site. C C C C C 1. The parking or storage of automobiles which have been dismantled, wrecked, or junked shall not be permitted; and 2. the sale of automobiles shall not be permitted. P P P P P P P P P P P P P P Article 3 Page 39

47 MOTOR VEHICLE & RELATED SERVICE USE # USES & DEFINITIONS (in italics) 9. Motor Vehicle Accessory Shop (9/22/09) A retail establishment that specializes in the sale and/or installation of automotive accessories including but not limited to audio systems, alarm systems, windshields, and other items that do not involve exterior body modification that requires major painting or other body work, or the sale and/or service of tires. 10. Motor Vehicle Dealership - New or Used (9/22/09) The use of any building, land area or other premise for the sale of new or used, motor vehicles, watercraft, or recreation vehicles and/or their display for sale. The use of any single property to sell or offer for sale three or more motor vehicles during any 12-month period is considered a Motor Vehicle Dealership. 11. Other Motor Vehicle Related Uses including: Bus depot, taxi service, vehicle rental or leasing (9/22/09) Premises used for storing vehicles used for moving people, goods or materials or any combination of these, and which may include ancillary dispatching, maintenance, service and fuelling areas for these vehicles. 12. Park-and-Sell Lot (9/22/09) An outdoor or indoor space where owners of motor vehicles or watercraft display their motor vehicles and/or watercraft for sale or trade. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C All automotive accessories shall be installed indoors. S C C Parking shall be provided for customers in addition to the parking areas for buses, taxis, or other vehicles that are offered for rent or lease. Article 3 Page 40

48 MOTOR VEHICLE & RELATED SERVICE USE # USES & DEFINITIONS (in italics) 13. Parking of Commercial Motor Vehicles (08/07/07) (9/22/09) The parking on a regular basis of motor vehicles that are commercially licensed and/or with business identification signs or lettering, including magnetic signs. This definition does not include the periodic parking of commercial motor vehicles on property for the purpose of conducting business on that property (e.g., service calls). 14. Storage of Motor Vehicles (9/22/09) A parking area for the impounding or storage, usually temporary, of abandoned or unauthorized motor vehicles. 15. Truck, Bus and Diesel Service and Repair Shop (9/22/09) An establishment that repairs heavy equipment such as trucks, construction equipment, diesel engines and similar heavy equipment. Typical uses include truck and bus repair garages, excavation implement service, diesel engine repair, and shops related to the machining of related parts, but specifically excluding the dismantling or salvaging of vehicles. 16. Truck Terminal (9/22/09) A facility where truck transport goods are transferred or stored pending transfer, and which may include truck dispatching, parking and servicing and temporary (not more than 24 hours) accommodation for truck drivers. S 17. Vehicle Ferry Service (9/22/09) The point-to-point transport of passenger and commercial vehicles aboard a waterborne vessel. May be either a public or private service. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C C C C C C 1. Only commercial vehicles that are the residents primary means of transportation to and from their place of work are permitted to be parked at residences. 2. In the I-1, RC, MC, and EC Districts, parking of commercial vehicles shall be accessory to the on-site business. C High screening shall be provided in accordance with Article 6. P C This use is restricted to marine engines in the Marine Commercial District. S Article 3 Page 41

49 INDUSTRIAL USES & DEFINITIONS USE # (in italics) 1. Agricultural / Seafood / Livestock Processing Plant A facility used for the handling, unloading, storing, shucking, freezing, preparing, changing into different market forms, manufacturing, preserving, packing or labeling of agricultural commodities or fish, shellfish and related products Asphalt Plant An establishment in which a homogeneous product commonly referred to as asphalt, and intended mainly for the coating of roads, is manufactured from bituminous asphalt and other aggregate material. Commercial Fuel Storage Business A facility designed for bulk fuel storage for resale. Fuels include but are not limited to liquid natural gas, propane, fuel oils, alcohol fuels, gasoline, and diesel. The sale and/or rental of tanks may be an accessory use. FFD RCD RD SC WL APD HD I-1 RC MC EC CONDITIONS C C C C 1. In the MC District, the processing is restricted to seafood only. 2. Such use shall be located on a lot not less than five acres in size, and shall be at least 200 feet from any residence; and 3. all structures shall have a minimum setback of 100 feet from side, front and rear lot lines; and 4. adequate measures are taken for the abatement of offensive and obnoxious odors, dust, smoke, noise, vibration, or similar nuisances; and 5. design, construction, and operation of the facility meets requirements of appropriate State and Federal regulatory agencies; and 6. retail sales of processed food are not permitted in the I-1 District and are permitted only as an accessory use in the RC and MC Districts; and 7. Approval from the Agricultural Preservation Advisory Board shall be required for properties located in Agricultural Preservation Districts. P S Article 3 Page 42

50 USE # INDUSTRIAL USES & DEFINITIONS (in italics) 4. Commercial Recycling Facility C An establishment that accepts, stores and processes reusable materials from commercial operations including, but not limited to, glass, plastics and synthetic materials, paper products (such as newspapers, stationery, scrap paper, computer paper and corrugated cardboard), rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood and building materials, and tree wastes, but not including yard waste or mixed municipal solid waste. Processing includes, but is not limited to, bailing, briquetting, crushing, compacting, grinding, shredding, sawing, shearing and sorting of recyclable materials and the heat reduction of such materials but does not include incineration for any purpose. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS 1. The Commercial Recycling Facility shall be constructed and operated in accordance with the Solid Waste Chapter of the County Code, as amended from time to time; and 2. no incinerator shall be permitted; and 3. no outdoor processing shall be permitted. Distillation of Alcohol as a Fuel The fermentation and other refinement of grains and/or other biomass for the production of liquid fuel. Does not include the capture/reclamation of methane from agricultural and/or commercial operations. 5a. Distillation of Alcohol as a Fuel, Commercial (9/22/09) 5b. Distillation of Alcohol as a Fuel On a Farm for Farm Use Only (9/22/09) C C C C C The production shall be limited to 50 gallons a day. 6. Grain Elevator (9/22/09) A storehouse for threshed grain or animal feed P C 1. All processing structures shall be at least 100 feet from all side, front and rear lot lines; and for wholesale or retail sale. 2. adequate measures shall be taken for the abatement of dust, noise or similar nuisances. 7. Kiln, Wood-Drying (9/22/09) A chamber or tunnel used for drying and conditioning lumber, veneer, and other wood products in which the temperature and relative humidity of the circulated air can be varied and controlled. SC SC C SC C 1. A wood-drying kiln shall be permitted only as an accessory use to a commercial sawmill. 2. In addition to the above condition, the requirements of Section shall apply to Historic Districts. Article 3 Page 43

51 INDUSTRIAL USES & DEFINITIONS USE # (in italics) 8a. Landfill, Land-Clearing Debris (9/22/09) Sanitary Landfills which accept only landclearing debris. Types of waste permitted are limited to those associated with land-clearing operations, including earthen material such as clay, sand, gravel, and silt, topsoil, tree stumps, root mats, brush and limbs, logs, vegetation, and rock. 8b. Landfill, Rubble (9/22/09) Sanitary Landfills which accept only rubble. Types of waste permitted are limited to those materials accepted at Land-Clearing Landfills, along with demolition debris associated with the razing of buildings, roads, bridges and other structures including structural steel, concrete, bricks, lumber, plaster and plasterboard, sheet rock, insulation material, cement, shingles and roofing materials, floor and wall tile, asphalt, pipes and wires, and other items physically attached to the structure, including appliances if they have been or will be compacted to their smallest practical volume. SC 8c. Landfill, Sanitary (9/22/09) An area used for the disposal of solid waste, operated and maintained in accordance with solid waste disposal regulations of the County and State. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC SC SC C C C 1. All materials shall be physically inert or biodegradable and occurring naturally such as stumps, brush and logs.; and 2. if in an individual recorded section in a major subdivision, all dumping must cease after 75 percent of the lots in that section have been developed; and 3. all County, State and Federal permits shall be obtained; and 4. on land that is designated as an Agricultural Preservation District, only debris originating onsite shall be permitted. 1. The area shall be located at least 500 feet from any adjacent property line of a property owned by a party other than the applicant (unless such adjacent property owner gives written consent) and 200 feet from any street, highway, or road rightof-way; and 2. all County, State and Federal permits shall be obtained; and 3. the use shall be 100 percent screened from adjoining properties and roads. C The area shall be located at least 500 feet from any adjacent property line of a property owned by a party other than the applicant (unless such adjacent property owner gives written consent) and 200 feet from any road right-of-way. Article 3 Page 44

52 USE # INDUSTRIAL USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS 9a. Manufacturing and/or Assembly, Heavy (9/22/09) Establishments involved in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials and that are generally not compatible with residential uses. Includes but is not limited to foundries, fossil fuel refineries and similar heavy industrial uses. Manufacturing and/or Assembly, Light The production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products which by the nature of the materials, equipment and process utilized is to a considerable measure clean, quiet, and free of any objectionable or hazardous element. 9b. Manufacturing and/or Assembly, Light, Less than 5,000 square feet total per parcel of record as of the effective date of this Ordinance (05/01/06) (9/22/09) 9c. Manufacturing and/or Assembly, Light, More than 5,000 square feet (9/22/09) 9d. Manufacturing and/or Assembly, Marine-Related (9/22/09) A facility designed for the construction of waterborne vessels and ancillary items for commercial purposes. 10. Outdoor Storage in Connection with Commercial and/or Industrial Uses (9/22/09) The storage of materials accessory to a commercial and/or industrial use. Does not include machinery and equipment. 11a. Power Generating Facility, Accessory to a Residence or Business (9/22/09) A facility designed and constructed near an individual residence, business, or public building for the purpose of generating power for use in that residence, business or public building. SC SC SC C SC C C C P SC P 1. The minimum lot size shall be five acres; and 2. when an existing barn is used, the lot size may be reduced by the Board of Appeals; and 3. no retail sales shall be permitted; and 4. In addition to the above conditions, the requirements of Section shall apply to Historic Districts. P P C P The sale of watercraft manufactured on-site shall be permitted only as an accessory use to the principal use. P P P P C C C C C C The generator shall be installed within the Building Restriction Lines required for the primary structure. Article 3 Page 45

53 INDUSTRIAL USES & DEFINITIONS USE # (in italics) 11b. Power Generating Facility, Commercial (9/22/09) A generator that uses one or more sources and/or products for the production of power for sale. Types of power generating facilities include but are not limited to petroleum, methane, ethanol, thermal, wind, solar and hydroelectric. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC SC SC S S 1. The Commercial Power Generating Facility shall be limited to the production of wind, solar, and/or hydro-electricity only except in the I-1 District, where nuclear power generation is permitted. 2. In the Rural Community District, the use shall be accessory to a Sanitary Landfill only. Research & Development Facility A facility containing operations engaged in scientific research and investigation, the development of prototype products for test and evaluation, and/or the assembly or manufacture of prototype products. 12a. Research & Development Facility, Environmental C C C No retail sales shall be permitted. (9/22/09) 12b. Research & Development Facility, Other (9/22/09) C C C No retail sales shall be permitted. 13. Salvage and/or Junk Yard (9/22/09) Any land, building, or vehicle used for the abandonment, sale, storage, collection, or baling of paper, scrap metal, other scrap or discarded materials, or for the abandonment of automobiles or other vehicles or for the abandonment of machinery, or parts thereof. S Article 3 Page 46

54 INDUSTRIAL USES & DEFINITIONS USE # (in italics) 14a. Sand, Gravel or Mineral Extraction and Processing (9/22/09) The operations necessary to excavate, stockpile, or remove materials such as sand, gravel, aggregate, rock or other mineral resources. Includes the cleaning, mixing, sorting, washing, and other processing of this material including cement mixing. Does not include the manufacture of asphalt (see definition of asphalt plant). The retail, wholesale, contract purchase, or transfer of mineral products is within the scope of this definition. For purposes of this title, the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g. residential subdivision, commercial development, etc.) does not constitute a mining site/operation, if: processing of the material does not occur on the property; on-site stockpiles are fully depleted; and, a mining permit is not required. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC 1. Such use shall be located at least 200 feet from any residence other than the residence of the property owner; and 2. all extractions are back-filled or regraded according to the Maryland Department of Natural Resources standards; and 3. no operation is conducted in a manner that would impede the flow of any stream or pollute its waters; and 4. other conditions may be specified by the Board of Appeals. Article 3 Page 47

55 INDUSTRIAL USES & DEFINITIONS USE # (in italics) 14b. Sand, Gravel or Mineral Extraction (No Processing) (9/22/09) The operations necessary to excavate, stockpile, or remove materials such as sand, gravel, aggregate, rock or other mineral resources. The retail, wholesale, contract purchase, or transfer of mineral products is within the scope of this definition. For purposes of this title, the leveling, grading, filling, or removal of materials during the course of normal site preparation for an approved use (e.g. residential subdivision, commercial development, etc.) does not constitute a mining site/operation, if: processing of the material does not occur on the property; does not occur over an extended period of time, and on-site stockpiles are fully depleted; and, a mining permit is not required. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC SC SC C SC SC SC 1. Such use shall be located at least 200 feet from any residence other than the residence of the property owner; and 2. all extractions shall be back-filled or regraded according to the Maryland Department of Natural Resources standards; and 3. no operation shall be conducted in a manner that would impede the flow of any stream or pollute its waters; and 4. if the property is designated as an Agricultural Preservation District, the Sand, Gravel or Mineral Extraction Operation shall be restricted to five percent of the Agricultural Preservation District. 5. other conditions may be specified by the Board of Appeals. The following provisions apply only in the Critical Area: 6. No important natural resources such as threatened and endangered species, areas of scientific value, or rare assemblages of species occur as discussed in Section 8-2 of this Ordinance; and 7. no highly erodible soils exist; and 8. the use of renewable resource lands would not result in the substantial loss of long-range (that is, 25 years or more) productivity of forest and agriculture, or would result in a degrading of water quality or a loss of vital habitat; or 9. the lands are not within 100 feet of the Mean High Water Line of tidal waters or the edge of tributary streams; and 9. to the fullest extent possible, existing sand and gravel operations shall conduct their extraction activities so as to provide, at a minimum, a 100-foot buffer of natural vegetation between the operation and the Mean High Water Line of tidal waters or the edges of tributary streams, and tidal wetlands, whichever is further inland; and 10. all new surface mines must be reclaimed after the cessation of a sand and gravel operation. Article 3 Page 48

56 USE # 15a INDUSTRIAL USES & DEFINITIONS (in italics) Sawmill, Commercial (9/22/09) An indoor or outdoor facility where timber or logs are sawn into lumber or boards. 15b. Sawmill, Portable (9/22/09) A small, self-contained sawmill that is moved to the site where the timber is to be sawn and then moved on to another location. This use does not include those permitted under Forest Product Processing. 16. Storage of Machinery & Equipment in Connection With Excavating and /or Contracting Business (9/22/09) Implements commonly used in association with site preparation and/or building construction including, but not limited to, bulldozers, frontend loaders, backhoes, tank trucks and/or trailers, trenchers, tar boilers, cement mixers, dump-bed trucks and/or trailers, graders, street sweepers, snowplow blades, flat-bed trucks and/or trailers, large riding mowers, and paving equipment. Implements may be selfpropelled, trailered, towed, dragged, pushed, or pulled. Does not include hand tools or walkbehind equipment such as small mowers or tillers. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS SC SC C SC C 1. All buildings and outdoor facilities shall be at least 500 from any residence on an adjoining property; and 2. Such use shall be at least 100 feet from any road maintained by the County or State; and 3. the gross square footage of all buildings combined, regardless of use, shall not exceed 5,000 square feet; and 4. adequate measures shall be taken for the abatement of obnoxious or offensive odor, dust, smoke, noise, vibration, or similar nuisance, and measures for protection against fire shall be employed; and 5. in addition to the above conditions, the requirements of Section shall apply to Historic Districts. P P P P P P P P P C C The machinery and/or equipment stored shall be screened from adjoining properties and the road. Article 3 Page 49

57 USE # INSTITUTIONAL USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS 1. College or University An institutional facility for tertiary or higher levels of education. C P A College or University is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section B. Day Care Center An establishment enrolling four or more clients and where tuition, fees, or other forms of compensation for the care of the clients may be charged, and which is licensed. 2a. Day Care Center, 19 Clients or Less (9/22/09) C C SC C C C C C C 1. On-premise signs shall be limited to 16 square feet in size. No offpremise signs shall be permitted; and 2. in the I-1 and EC Districts, the Day Care Center shall serve the onsite businesses only. 2b. Day Care Center, 20 to 40 Clients (9/22/09) SC SC SC C C C C 1. The Day Care Center shall receive site plan approval in accordance with Article 4 and 6; and 2. On-premise signs shall be limited to 16 square feet in size. No offpremise signs shall be permitted; and 3. in the I-1 and EC Districts, the Day Care Center shall serve the onsite businesses only. 2c. Day Care Center, 41 or More Clients (9/22/09) SC SC SC SC SC 1. In all Districts, the Day Care Center shall receive site plan approval in accordance with Article 4 and 6; and 2. In all Districts, on-premise signs shall be limited to 16 square feet in size. No off-premise signs shall be permitted; and 3. In the Farm and Forest District, the following additional conditions apply: a. the property on which the Day Care Center is located must share a common boundary with and lie directly adjacent to an elementary or middle school; and b. a pedestrian walkway to that school shall be provided; and c. the number of clients shall be limited to no more than In the Rural Community District and Residential District, the number of clients shall be limited to no more than In the Rural Commercial District, the maximum number of clients shall be set by the Board of Appeals. 6. In the EC District, the maximum number of clients shall be set by the Board of Appeals and the Day Care Center shall serve the onsite businesses only. 3. Elementary or Secondary School (9/22/09) An educational facility that typically includes prekindergarten through twelfth grades. P P P 4. Fire and/or Rescue Service (9/22/09) An institutional facility that functions as a dispatch for fire and/or rescue services and which houses related equipment and/or personnel. P P P P P P Article 3 Page 50

58 USE # INSTITUTIONAL USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS 5. Hospital (9/22/09) An institution providing primary health services, medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities and training facilities. 6. Library (9/22/09) A facility intended primarily for the repository of books and other similar items for public appreciation and information. S C SC P P 1. A Library is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section C. 2. The requirements of Section shall apply to Historic Districts. 7. Museum (9/22/09) A facility intended primarily for the exhibit and/or repository and/or research of books, artworks, artifacts, archives and other similar items for public appreciation and information. Accessory S S SC SC P P 1. A Museum is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section C; and 2. the requirements of Section shall apply to Historic Districts. sales and services may be permitted. 8. Nursing or Convalescent Home (9/22/09) An extended or intermediate care facility licensed or approved to provide full-time convalescent or C P A Nursing or Convalescent Home is permitted in the RD District only if the property is within the one-mile radius of a Town Center as described in Section C. chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Place of Worship, Parish Hall, Convent, Monastery or Rectory A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory associated uses. 9a. Place of Worship, Parish Hall, Convent, Monastery or Rectory, with seating capacity of all sanctuaries combined less than or equal to 1500 (4/22/08) SC P P P P 1. A Place of Worship, Parish Hall, Convent, Monastery or Rectory, as defined by this Section, existed on the property prior to the adoption of this Ordinance (May 1, 2006); and 2. There has been no lapse in use of the pre-existing Place of Worship, Parish Hall, Convent, Monastery or Rectory since May 1, 2006; and 3. If the expansion is to exceed that which is permitted by Section A (non-conforming uses), the expansion shall be restricted to a maximum seating capacity of 400; and 4. The expansion shall be restricted to the parcel as it existed at the time of adoption of this Ordinance (no additional Farm and Forest 9b. Place of Worship, Parish Hall, Convent, Monastery or Rectory, with seating capacity of all sanctuaries combined greater than 1500 (9/22/09) District land may be used to accommodate the expansion). SC SC SC SC The property shall be located within the one-mile radius of a Town Center as described in Section C. Article 3 Page 51

59 USE # INSTITUTIONAL USES & DEFINITIONS (in italics) FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS 10. Public or Governmental Building (9/22/09) P P P P P P A building that is constructed, owned, or leased by a local, state, or federal government. 11. Public or Non-Profit Park and/or Recreation Area Including: Tennis Courts, Swimming Pools, Athletic Fields, etc. (08/07/07) (9/22/09) An area used primarily for recreational activities and owned by a government, institution, or nonprofit SC C C C 1. In the WL District, no buildings shall be constructed. 2. In all other Districts, only buildings that are accessory to the primary use such as restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions, accessory offices and meeting space, etc. shall be permitted. organization. 12. Public Utility Lines & Accessory Structures (08/07/07) P P P P P P P P P P (9/22/09) Underground gas mains and pipes and underground and overhead electrical and communications wires, cables, pipes, conduits, and their supporting poles, towers or repeaters, boosters, anodes, regulating and measuring devices, and the minor buildings or structures in which they may be housed, including but not limited to substations for transforming, boosting, switching or pumping purposes, where such facilities are constructed on the ground. This definition does not include other uses defined separately by this Ordinance (e.g., Commercial Power Generating Facility, Communications Tower, etc.) 13. Solid Waste Collection Site (9/22/09) C C C C It shall be constructed and maintained in accordance with the Comprehensive Solid Waste Management Plan. 14. Temporary Structure Incidental to Schools (classroom P P P P P P P relocatables) (9/22/09) A structure containing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school, not constructed with a permanent foundation and which shall not remain permanently on the site. 15a. Treatment Facility, Wastewater (9/22/09) C C C C C C C It shall be constructed and maintained in accordance with the Comprehensive Water & Sewerage Plan. 15b. Treatment Facility, Water Supply (9/22/09) C C C C C C C It shall be constructed and maintained in accordance with the Comprehensive Water & Sewerage Plan. Article 3 Page 52

60 USE # UNCLASSIFIED USES & DEFINITIONS (in italics) 1. Accessory Building, Structure, or Use (3/25/08) A building, structure, or use on the same lot with, and of a nature customarily incidental to, a principal building, structure, or use. 2. Airport or Landing Field Any location that is used for the landing or taking off of aircraft and which may or may not have facilities for the shelter, supply or care of aircraft. 3. Cemetery or Memorial Garden A place used for the permanent interment of dead human or animal bodies or the cremated remains thereof. It may be a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of two or more. 4. Communications Towers & Antennas (Government, Commercial & Private) (9/22/09) Various Definitions. See Article Dock, Pier, Private (9/22/09) Any marine structure, fixed or floating, generally referred to as a pier, dock or wharf, including pilings, and other such facilities, used for storage of watercraft owned by and registered to the owner and/or tenant of the property from which the facility extends. FFD RCD RD C SC P WL APD HD I-1 RC MC EC CONDITIONS C C C C C C C C 1. A use may be deemed an accessory use on community open space if it is for the use of the residents of the community only and is not open to the public. 2. If a property contains more than one Zoning District, all accessory buildings, structures, and uses shall be located within the same Zoning District as the principal use to which they are accessory. SC S 1. Runways and approach and take-off areas are located not less than 1,000 feet from any public or private institution; and 2. runways are not less than one-half mile from any adjoining district boundary; and 3. runways are designed to minimize the approach or take-off area over residential districts; and 4. runways are not less than 200 feet from any adjoining property line. This setback may not be reduced. P P C C P The Cemetery or Memorial Garden shall be for the private use of the property owners. See Section 3-3 of the Zoning Ordinance C C C C C C C No part of the pier or slips shall be covered or enclosed. Article 3 Page 53

61 USE # UNCLASSIFIED USES & DEFINITIONS (in italics) 6. Garage Sale, Yard Sale or Estate Sale (9/22/09) All general sales, open to the public, conducted from or on a residential premise in any District for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "estate," "porch," "room," "backyard," "patio," or "rummage" sale. This definition shall not include flea markets. 7. Heliport (9/22/09) A permanent facility designed to accommodate the operation and routine servicing and maintenance of helicopters. 8. Model Home (9/22/09) A residential unit used by builders, realtors, etc., as an example of other units available for sale or rent. 9a. Pets, Dangerous or Wild Animals (9/22/09) Dangerous or Wild Animals Animals that, by their very nature, are wild and potentially dangerous and, as such, do not adjust well to a captive environment, including but not limited to those considered by the State of Maryland to be wild or dangerous, such as: (i) fox, skunk, raccoon, or bear; (ii) Alligator or crocodile; (iii) Member of the cat family other than the domestic cat; or (iv) Any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies. (iv) Any poisonous snakes specifically in the family groups of Hydrophidae, Elapidae, Viperidae, or Crotolidae. Furthermore, reptiles greater than 6 feet in length shall be considered dangerous. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C C C 1. Articles for sale shall consist of personal possessions of the seller; and 2. such a sale shall not be held in the same location more than once every six months. S S S S S S S S C C 1. The model home shall be closed after 90 percent of the lots or units are sold or rented; and 2. the Model Home shall be used for the sale or rental of units within the development in which it is located only. 3. Model homes in existence as of the effective date of this condition (05/01/06) shall be given 18 months to close if, at that time, 90 percent of the lots or units have been sold or rented. Article 3 Page 54

62 USE # 9b UNCLASSIFIED USES & DEFINITIONS (in italics) Pets, Household (9/22/09) Any companion animals that have been bred and raised to live in or about the habitation of humans and may be permitted in the house, such as dogs, cats, pot-bellied pigs,rabbits, ferrets, domestic rodents, birds, fish, non-venomous reptiles and amphibians. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS P P P P P P P P P 9c. Pets, Livestock (Kept on Non-Farm Properties) (9/22/09) Livestock such as horses, cows, sheep, swine, goats, llamas, alpacas, or poultry that are kept on a non-farm property as pets rather than for their productive value. 10a. Recreational Vehicle, Temporary, at Construction Site (for watchman) (9/22/09) Recreational Vehicle: A portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes. 10b. Recreational Vehicle, Unoccupied SEE DEFINITION ABOVE. 11. Structure for the Keeping of Animals (on non-farm properties) (9/22/09) An accessory building or structure designed and used to contain animals. Such structures include, but are not limited to, dog houses or pens, rabbit pens, or aviaries. This definition does not apply to structures for the keeping of animals on farms (see Farm Buildings, Animal). C C C C C C C C C 1. The size of the parcel shall be at least three acres; and 2. provisions for sanitation shall meet the requirements of the County Health Department. C C C C C C C 1. The recreational vehicle shall be removed when the construction is finished; and 2. only one recreational vehicle is permitted. C C C C C 1. The recreational vehicle shall be stored in the side or rear lot area at least five feet from any property line; and 2. no water or waste lines shall be attached. C C C C C C C C C 1. The structure shall be setback a minimum of 25 from the side and rear property lines; and 2. The structure shall meet the front setbacks required for the principal dwelling, in accordance with Article 5. Article 3 Page 55

63 USE # UNCLASSIFIED USES & DEFINITIONS (in italics) 12a. Temporary Structure Incidental to Construction (nonresidential) (9/22/09) A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. 12b. Temporary Structure Incidental to Sales or Rentals in New Residential or Commercial Developments (sales trailers) (9/22/09) A structure with an impermanent foundation used by a construction contractor, realtor, or other development professional as an office during construction of a subdivision or development. FFD RCD RD WL APD HD I-1 RC MC EC CONDITIONS C C C C C C C The structure shall be removed when the construction is finished. C C C C C C 1. The temporary structure shall be removed after 90 percent of the lots or units are sold or rented; and 2. the temporary structure shall be used for the sale or rental of units within the development in which it is located only. 3. In the I-1, RC, MC, and EC Districts, the temporary structure shall be used in conjunction with the sale or rental of commercial or industrial developments only (no residential developments). Article 3 Page 56

64 HUNTINGTOWN TOWN CENTER USE # HUNTINGTOWN TABLE OF LAND USES UNCLASSIFIED USES MIXED USE NEIGHBORHOOD RESIDENTIAL 1. Accessory Building or Use P P P 2. Airport or Landing Field 3. Cemetery or Memorial Garden P P 4. SEE SECTION 3-3 OF THE CALVERT COUNTY Communications Towers & Antennas (Government, Commercial & Private) ZONING ORDINANCE 5. Dock, Pier, Private 6. Garage Sale, Yard Sale or Estate Sale P P P 7. Heliport S 8. Household Pets P P P 9. Livestock Kept as Pets C C 10. Model Home C C C 11. Structure for the Keeping of Animals (on non-farm properties) P P P 12. Temporary Recreational Vehicle at Construction site (for watchman) P P P 13. Temporary Structure Incidental to Construction (non-residential) P P P 14. Temporary Structure Incidental to Sales or Rentals in New Residential or Commercial Developments (sales trailers) 15. Unoccupied Recreational Vehicle C C C 16. Wild or Dangerous Animals Kept as Pets Article 3 Page 95

65 A Huntingtown Town Center Conditional Uses The following are conditions imposed upon land uses indicated in Section , Table of Land Uses. If a use is listed as conditional in the Land Use Tables (indicated by a C or an SC ), and no conditions are listed below, the conditions listed in Section 3-1 of the Calvert County Zoning Ordinance (CCZO) apply. The conditions listed below are unique to the Huntingtown Town Center. Note: This section of the Huntingtown Town Center Zoning Ordinance has been renumbered for consistency with the Calvert County Zoning Ordinance. Agricultural Use #1 Animal Husbandry See CCZO for conditions Agricultural Use #15 Farm Stand See CCZO for conditions Residential Use #1 Apartment, Accessory See CCZO for conditions Residential Use #5 Bed & Breakfast Facility with up to 2 Bedrooms in Use See CCZO for conditions Residential Use #6 Bed & Breakfast Facility with 3 to 5 Bedrooms in Use See CCZO for conditions Residential Use #7 Boarding House See CCZO for conditions 1. An owner lives on the premises, and Residential Use #10 Residential Use #20 Commercial Retail Use #2 Commercial Retail Use #4 Commercial Retail Use #7 Commercial Retail Use #11 Commercial Retail Use #14 Commercial Retail Use #15 Business & Personal Services Use #8 Business & Personal Services Use #12 Business & Personal Services Use #9 Business & Personal Services Use #14 Business & Personal Services Use #15 2. the facility is a part of the dwelling unit with the exception that existing non-conforming guest houses may be used, and 3. no separate kitchens are provided, and 4. adequate off-street parking is provided, and 5. Fire Marshall and Health Department approvals are obtained, and 6. an Occupancy Permit for such use is obtained. Dwelling, Attached: Multi-Family provided that it is restricted to housing for the elderly where at least one resident of each apartment is over age 65. The property must abut an arterial or collector street. All off-street parking must be screened from view from any public right-of-way or park. The Calvert County Department of Planning & Zoning must approve the architectural plans. Manufactured Home or Recreational Vehicle (Emergency) See CCZO for conditions. Antiques Sales provided that the property has frontage on arterial or collector streets and offstreet parking is screened. Artisans and Crafters Market See CCZO for conditions. Farmers Market See CCZO for conditions. Mobile Food Sales See CCZO for conditions. Retail Commercial Sale or Display Area, Outdoor See CCZO for conditions. Watermen s Market See CCZO for conditions. Crematorium - provided access is provided from an arterial or major collector road. Flex Space Business See CCZO for conditions. Funeral Home - provided access is provided from an arterial or major collector road. Home Occupation All Employed are Residents See CCZO for conditions. Home Occupation 1 Equivalent Full-time Non-resident Employee See CCZO for conditions. Article 3 Page 96

66 Article 3 Page 145

67 KEY TO LAND USE CHARTS: A blank indicates the use is not permitted S Permitted Use subject to special exception from the Board of Appeals P Permitted Use SC Permitted use subject to special exception if it meets conditions C Permitted Use if it meets certain conditions S1 * In the C5 Sub-area only: Use only allowed if APD is lifted and conditions, if any, are met. S2 Permitted Use subject to special exception if less than 150 feet from a residential building or site where there is an active house permit or an established Historic District. Permitted Use subject to special exception if less than 300 feet from a residential building or site where there is an active house permit or an established Historic District. B1, C6, D2, D3, E3, F1, F2 C1 C5 C7 Sub-areas designated primarily for residential uses. Note: In addition to residential uses, small-scale commercial & wet boat storage should be permitted in D2, D3 & E2. Form-Based Code Proposed. See Section for permitted uses. Existing APD. Existing Marinas SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD USE DOWELL WEST SIDE AGRITOURISM, ECOTOURISM, AND # HERITAGE TOURISM USES B1 B2 B3 B4 C1 1 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Agritourism Enterprise C 2. Campground, Farm C 3. Canoe or Kayak Launching Site, Commercial C C C C C C C C C C C 4. Commercial Kitchen, Farm C 5. Ecotourism Enterprise P P P 6a. Farm Support Business, Less than 5,000 square feet C 6b. Farm Support Business, More than 5,000 square feet SC 7. Heritage Trail Displays C C C C C C C C C C C C C 8. Hunting Service 9. Public Events/Public Assemblies on Farmland SC 10. Rental Facilities on Farms C 11. Sports Practice Fields on a Farm 1 For Agritourism, Eco-tourism, and Heritage Tourism Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 146

68 USE # SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE AGRICULTURAL USES B1 B2 B3 B4 C1 2 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Animal Husbandry P 2a. Aquaculture, Freshwater and Land-based C C 2b. Aquaculture, Marine/Estuarine C C C C 3a. Commercial Greenhouse, Retail C P P P P 3b. Commercial Greenhouse, Wholesale C P P P P 4a. Commercial Kennel, with Indoor Facilities Only C C C C C C 4b. Commercial Kennel, with Outdoor Facilities C 5. Commercial or Non-Profit Stable or Horseback-Riding Club C 6a. Commercial Raising of Animals, Dangerous or Wild 6b. Commercial Raising of Animals, Fur-bearing 7a. Farm P P P P P P P P P P P 7b. Farm Brewery C 7c. Farm Building P P P P P P P P P P P 7d. Farm Distillery C 7e. Farm Stand C C C C C C C C 7f. Farm, Tree P P P P 7g. Farm Winery C 8. Field Crops P P P P P P P P P P P 9. Forest Product Processing 10. Garden Center or Farm Supply Store C C C C C C 11a. Livestock Auction and/or Sales Barn, Commercial S 11b. Livestock Auction by a Non-Profit Organization or Farm Owner C 12a. Nursery, Retail C P P P 12b. Nursery, Wholesale C P P P 13a. Veterinary Hospital or Clinic, Livestock P 13b. Veterinary Hospital or Clinic, Small Animals and Household Pets P P P P 2 Agricultural Uses are not permitted in the C1 Sub-area. Article 3 Page 147

69 USE # SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE RESIDENTIAL USES B1 B2 B3 B4 C1 3 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1a. Apartment, Accessory to a Residence C C C C C C C C C C C C C C C C C C C 1b. Apartment, in a Mixed Use Building C C C C C C C C 2. Assisted Living Facility P P P P P 3. Bed & Breakfast Facility with up to 5 Bedrooms in Use C C C C C C C C C C C C C C C 4a. Boarding House or Dormitory (more than 3 Lodgers) C C C C C C* C C C C C C C C C 4b. Boarding House or Dormitory (no more than 3 Lodgers) P P P P P* P P P P P P P P P P P P 5a. Dwelling, Attached: Duplex C C C* C C C C C C C 5b. Dwelling, Attached: Fourplex C C C* C C C C C C C 5c. Dwelling, Attached: Multi-Family C C C C C C C C 5d. Dwelling, Attached: Townhouse C C C* C C C C C C C 5e. Dwelling, Attached: Triplex C C C* C C C C C C C 5f. Dwelling, Detached: Single-Family C C C C C C C C C C C C C C C C C C 6. Group Home C C C C C C C C C C C C C C C C C C 7. Liveaboards C C 8a. Manufactured Home Community 8b. Manufactured Home, Farm C 8c. Manufactured Home on Individual Lot 8d. Manufactured Home or Recreational Vehicle (Emergency) C C C C C C C C C C C C C C C C C C 8e. Manufactured Home Subdivision 9a. Tenant House C 9b. Tenant Houses, Additional (no more than 2 additional) 3 For Residential Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 148

70 USE # SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE COMMERCIAL RETAIL USES B1 B2 B3 B4 C1 4 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Agricultural Machinery, Service and/or Supplies P P P 2. Antiques Sales C C P C C* C C C C C C C 3. Art Gallery C C C C C C C C C C C 4. Auction Building C C 5. Boat Dealership P P P P P P P 6. Home Improvement Center C C C 7. Manufactured Home Dealer 8a. Market, Artisans and Crafters C C C C C C C C C C C 8b. Market, Farmers' C C C C C C C C C 8c. Market, Flea (by Non-profit Organization) P P P P 8d. Market, Watermen s C C C C C C C C C C C C 9. Mobile Food Sales C C C C C 10a. Retail Commercial Building C C C C C C C C C C 10b. Retail Commercial Building with Drive-up Facility C C C 11. Retail Commercial Sale or Display Area, Outdoor C C C C C C C 4 For Commercial Retail Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 149

71 USE # SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE BUSINESS & PERSONAL SERVICES USES B1 B2 B3 B4 C1 5 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Boat Service and/or Repair P P P P P 2. Boat Storage, Commercial C C C C C C 3. Boatel P S1* P P P P P P 4. Commercial Kitchen (not associated with an Eating Establishment) C C C C C C C C C 5. Commercial Pier P C P P P 6. Commercial Trade or Business School P P P P P P P 7a. Corporate Headquarters, less than 2,500 sq. ft. P P P P P P P P P 7b. Corporate Headquarters, more than 2,500 sq. ft. S1 S1 P P P S1 S1 S1 8. Crematorium P P S1 S1 9. Drive-up Facility, Accessory P P P 10a. Eating Establishment with No Outdoor Patron Area P P P C P P P P P 10b. Eating Establishment with Outdoor Patron Area C C C C C C 11. Entertainment Business, Adult 12. Flex Space Business 13. Funeral Home P P S1 S1 14. Home Occupation C C C C C C C C C C C C C C C C C C 15a. Laundry, Industrial 15b. Laundry/Laundromat P P P P P P P P 16. Motel or Hotel S S P S1* P P P P P 17a. Nightclub, Lounge SC SC SC 17b. Nightclub or Lounge with Outdoor Patron Area C C C C SC 18a. Office, Non-Medical, Medical, Clinic Less than 2,500 sq.ft. P P P C C P P P P P P P 18b. Office, Non-Medical, Medical, Clinic More than 2,500 sq. ft. P S1 S1 C P P S1 S1 S1 S1 19. Office Support Services, including printing, copying, faxing, internetworking, etc., less than 2,500 sq. ft. P P P P P P P 20a. Personal Services, Less than 2,500 sq.ft. P P P C C P P P P P P P 20b. Personal Services, More than 2,500 sq. ft. P S1 S1 C P P S1 S1 S1 S1 21a. Tavern, Bar P C C C C SC 21b. Tavern or Bar with Outdoor Patron Area P C C C C SC 5 For Business and Personal Services Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 150

72 USE # SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE RECREATION USES B1 B2 B3 B4 C1 6 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Campground and/or Recreational Vehicle Camp, Non-Farm 2a. Carnival, Fair or Circus Temporary, on Less than 5 Acres SC SC SC 2b. Carnival, Fair or Circus Temporary, on More than 5 Acres C C C 3. Commercial or Non-Profit Meeting Hall, Banquet Hall S S P P S P P P P 4. Convention Center P* P P P P 5. Drive-in Theatre 6a. Golf Course 6b. Golf, Miniature S S P 7. Marina P P P P S 8a. Recreation Facility, Indoor Commercial: Arcade, Bingo, Pool Hall S S P 8b. Recreation Facility, Indoor Commercial: Bowling, Skating Rink, Movie Theatre P P P 8c. Recreation Facility, Indoor Commercial: Fitness Center P S* P P P P P P 8d. Recreation Facility, Indoor Commercial: Studio C C C C C C C 8e. Recreation Facility, Indoor Commercial: Studio, Performing Arts S S S P P P P 8f. Recreation Facility, Indoor Commercial: Swimming Pool, Athletic Courts, etc. S S S* P P P P P P 9. Recreation Facility, Outdoor Commercial: Swimming Pools, Athletic Courts, etc. P S S1* S1 S1 S1 S1 S1 S1 10. Retreat, Day C P P P P 11a. Target Range, Indoor 11b. Target Range, Outdoor 6 For Recreation Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 151

73 USE SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE # COMMERCIAL WHOLESALE USES B1 B2 B3 B4 C1 7 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Mini-Storage S S S 2a. Warehouse, Indoor S S S 2b. Warehouse, Outdoor 3. Wholesale Lumber and/or Other Building Materials C C C 4. Wholesaling, Indoor Only S S S USE SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE # MOTOR VEHICLE & RELATED SERVICE USES B1 B2 B3 B4 C1 8 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1a. Automobile Filling Station SC SC SC 1b. Automobile Filling Station with Convenience Store and/or Eating Establishment SC SC SC 2. Automobile Parking Lot/Garage as a Principal Use P 3. Automobile Parts Dismantling and/or Storage 4. Automobile Repair/Service Shop without fuel sales SC SC SC 5. Bus lot or garage S S S2 6. Car Wash S S S2 7. Commuter Parking Lot P P P P 8a. Inoperative Motor Vehicle, 1 per lot P P P P P P P P P P P P P P P P P P 8b. Inoperative Motor Vehicles, 2 per lot 9. Motor Vehicle Accessory Shop C C C 10. Motor Vehicle Dealership - New or Used S S S2 11. Other Motor Vehicle Related Uses including: Bus depot, taxi service, vehicle rental or leasing S S S2 12. Park-and-Sell Lot S S S2 13. Parking of Commercial Motor Vehicles C C C C C C C C C C C C C C C C C C C C C 14. Storage of Motor Vehicles 15. Truck, Bus and Diesel Service and Repair Shop 16. Truck Terminal 17. Vehicle Ferry Service 7 Commercial Wholesale Uses are not permitted in the C1 Sub-area. 8 For Motor Vehicle and Related Services Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 152

74 USE SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE # INDUSTRIAL USES B1 B2 B3 B4 C1 9 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Agricultural/Seafood/Livestock Processing Plant C 2. Asphalt Plant 3. Commercial Fuel Storage Business 4. Commercial Recycling Facility 5a. Distillation of Alcohol as a Fuel, Commercial 5b. Distillation of Alcohol as a Fuel On a Farm for Farm Use Only 6. Grain Elevator 7. Kiln, Wood-Drying 8a. Landfill, Land-Clearing Debris 8b. Landfill, Rubble 8c. Landfill, Sanitary 9a. Manufacturing and/or Assembly, Heavy 9b. Manufacturing and/or Assembly, Light, Less than 5,000 square feet S 9c. Manufacturing and/or Assembly, Light, More than 5,000 square feet S 9d. Manufacturing and/or Assembly, Marine-Related P S S 10. Outdoor Storage in Connection with Commercial and/or Industrial Uses P C C 11a. Power Generating Facility, Accessory to a Residence or Business C C C C C C C C C C C C C C C C C C C C C 11b. Power Generating Facility, Commercial 12a. Research & Development Facility, Environmental C C P P C SC SC 12b. Research & Development Facility, Other P C SC SC 13. Salvage and/or Junk Yard 14a. Sand, Gravel or Mineral Extraction and Processing 14b. Sand, Gravel or Mineral Extraction (No Processing) 15a. Sawmill, Commercial 15b. Sawmill, Portable 16. Storage of Machinery & Equipment in Connection With Excavating and /or Contracting Business S S S S S 9 For Industrial Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 153

75 USE SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE # INSTITUTIONAL USES B1 B2 B3 B4 C1 10 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. College or University P P S S 2a. Day Care Center, 3 Clients or Less P P P P P P* P P P P P P P P P P P P 2b. Day Care Center, 12 Clients or Less P P* P P P P P P P P P P P P 2c. Day Care Center, 13 or More Clients S S* S S S S S S S S S S S 3. Elementary or Secondary School 4. Fire and/or Rescue Service P P P 5. Hospital P 6. Library P P S S P S S* S S P P P P P 7. Museum P P S S P S S* S S P P P P P 8. Nursing or Convalescent Home P P P P 9. Place of Worship, Parish Hall, Convent, Monastery or Rectory P P P P* P P P P P P P P P P 10. Public or Governmental Building P P P P P P* P P P P P P P P P P 11. Public or Non-Profit Park and/or Recreation Area Including: Tennis Courts, Swimming Pools, Athletic Fields, etc. S1 P S1 P S1 S1* S1 P P P P P P S1 P P 12. Public Utility Lines & Accessory Structures P P P P P P P P P P P P P P P P P P P P 13. Solid Waste Collection Site 14. Temporary Structure Incidental to Schools (classroom relocatable) 15a. Treatment Facility, Wastewater 15b. Treatment Facility, Water Supply 10 For Institutional Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 154

76 USE # SOLOMONS TABLE OF LAND USES SOUTH OF LORE ROAD NORTH OF LORE ROAD DOWELL WEST SIDE UNCLASSIFIED USES B1 B2 B3 B4 C1 11 C2 C3 C4 C5 C6 C7 D1 D2 D3 D4 D5 E1 E2 E3 F1 F2 1. Accessory Building, Structure, or Use P P P P P P P P P P P P P P P P P P P 2. Airport or Landing Field 3. Cemetery or Memorial Garden P P 4. Communications Towers & Antennas (Government, Commercial & Private) SEE SECTION 3-3 OF THE CALVERT COUNTY ZONING ORDINANCE 5. Dock, Pier, Private C C C C C C C C C C C C C C C 6. Garage Sale, Yard Sale or Estate Sale C C C C C C C C C C C C C C C C 7. Heliport S* S S S 8. Model Home C C C C C C 9a. Pets, Dangerous or Wild Animals 9b. Pets, Household P P P P P P P P P P P P P P P P P P P 9c. Pets, Livestock, Chickens Only (Kept on Non-Farm Properties) C C C C C C C C C C C C C C C C C 9d. Pets, Livestock (Kept on Non-Farm Properties) C C C C C C C C C 10a. Recreational Vehicle, Temporary, at Construction site (for watchman) 10b. Recreational Vehicle, Unoccupied 11. Structure for the Keeping of Animals (on non-farm properties) C C C C C C C C C C C C C C C C C C C 12a. Temporary Structure Incidental to Construction (non-residential) C C C C C C C C C C C C C C C C C C C C 12b. Temporary Structure Incidental to Sales or Rentals in New Residential or Commercial Developments (sales trailers) 11 For Unclassified Uses permitted in the C1 Sub-area, see Section of the Solomons Town Center Zoning Ordinance. Article 3 Page 155

77 (9/22/09) A Solomons Town Center Conditional Uses The following are conditions imposed upon land uses indicated in Section , Table of Land Uses. If a use is listed as conditional in the Land Use Tables (indicated by a C or an SC ), and no conditions are listed below, the conditions listed in Section 3-1 of the Calvert County Zoning Ordinance (CCZO) apply. The conditions listed below are unique to the Solomons Town Center. Note: This Section of the Solomons town Center Zoning Ordinance has been renumbered for consistency with the Calvert County Zoning Ordinance. USE # SOLOMONS AGRITOURISM, ECOTOURISM, & HERITAGE TOURISM USES 1. Agritourism Enterprise See CCZO for conditions. 2. Campground, Farm See CCZO for conditions. 3. Canoe or Kayak Launching Site, Commercial 4. Commercial Kitchen, Farm See CCZO for conditions. 6a. Farm Support Business, Less than See CCZO for conditions. 5,000 square feet 6b. Farm Support Business, More than 5,000 square feet CONDITIONS 1. No motorized watercraft shall be permitted; and 2. portage and launch areas shall be stabilized to prevent erosion and there shall be no exposed soils. 3. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. See CCZO for conditions. 7. Heritage Trail Displays See CCZO for conditions. 9. Public Events/Public Assemblies on Farmland See CCZO for conditions. 10. Rental Facilities on Farms See CCZO for conditions. USE # SOLOMONS AGRICULTURAL USES 1. Animal Husbandry See CCZO for conditions. 2a. Aquaculture, Freshwater and Landbased Article 3 Page 156 CONDITIONS 1. Any water discharged shall be treated through land application; and 2. a minimum of one (1) acre shall be provided for every 1000 square feet of building space. All structures used for aquaculture which contain more than 1000 square feet must be located at least 100 feet from all property lines; and 3. only freshwater impoundments are permitted. 2b. Aquaculture, Marine/Estuarine 1. All structures shall meet the lateral line setback requirements and those setbacks shall not be reduced; and 2. the aquaculture operation shall be part of a controlled environmental remediation project; and 3. no pens, tanks, or impoundments are permitted on land; and 4. the operation shall be limited to the raising of shellfish and aquatic plants only. 3a. Commercial Greenhouse, Retail See CCZO for conditions.

78 USE # SOLOMONS AGRICULTURAL USES 3b. Commercial Greenhouse, Wholesale See CCZO for conditions. 4a. Commercial Kennel, with Indoor Facilities only 4b. Commercial Kennel, with Outdoor Facilities 5. Commercial or Non-Profit Stable or Horseback-Riding Club See CCZO for conditions. See CCZO for conditions. See CCZO for conditions. 7b. Farm Brewery (5/12/09) See CCZO for conditions. 7d. Farm Distillery (5/12/09) See CCZO for conditions. 7e. Farm Stand See CCZO for conditions. 7g. Farm Winery (5/12/09) See CCZO for conditions. CONDITIONS 10. Garden Center or Farm Supply Store 1. In the B4, C2, and E1 Sub-areas, the maximum square footage of the Garden Center or Farm Supply Store shall be 2,500 square feet. 2. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Garden Center or Farm Supply Store shall be 75,000 square feet. 11b. Livestock Auction by a Non-Profit Organization or Farm Owner See CCZO for conditions. 12a. Nursery, Retail See CCZO for conditions. 12b. Nursery, Wholesale See CCZO for conditions. USE # SOLOMONS RESIDENTIAL USES 1a. Apartment, Accessory to a Residence See CCZO for conditions. CONDITIONS 1b. Apartment, in a Mixed Use Building The density shall not exceed that which is permitted by Article 5 of the Solomons Town Center Zoning Ordinance. 3. Bed & Breakfast Facility with up to 5 Bedrooms in Use 4a. Boarding House or Dormitory (more than 3 Lodgers). See CCZO for conditions. 1. An owner lives on the premises; and 2. the facility is a part of the dwelling unit with the exception that existing non-conforming guest houses may be used; and 3. no separate kitchens are provided; and 4. Fire Marshall and Health Department approvals are obtained; and 5. An Occupancy Permit for such is obtained. 5a. Dwelling, Attached: Duplex 1. The density shall not exceed that which is permitted by Article 5 of the Solomons Town Center Zoning Ordinance; and 2. in the C7 Sub-areas, at least 60 percent of the site shall be reserved for non-residential uses. Article 3 Page 157

79 USE # SOLOMONS RESIDENTIAL USES CONDITIONS 5b. Dwelling, Attached: Fourplex 1. The density shall not exceed that which is permitted by Article 5 of the Solomons Town Center Zoning Ordinance; and 2. in the C7 Sub-areas, at least 60 percent of the site shall be reserved for non-residential uses. 5c. Dwelling, Attached: Multi-family 1. The density shall not exceed that which is permitted by Article 5 of the Solomons Town Center Zoning Ordinance; and 2. in the C7 Sub-areas, at least 60 percent of the site shall be reserved for non-residential uses. 5d. Dwelling, Attached: Townhouse 1. The density shall not exceed that which is permitted by Article 5 of the Solomons Town Center Zoning Ordinance; and 2. in the C7 Sub-areas, at least 60 percent of the site shall be reserved for non-residential uses. 5e. Dwelling, Attached: Triplex 1. The density shall not exceed that which is permitted by Article 5 of the Solomons Town Center Zoning Ordinance; and 2. in the C7 Sub-areas, at least 60 percent of the site shall be reserved for non-residential uses. 5f. Dwelling, Detached: Single-Family 1. Only one single-family detached dwelling shall be permitted per buildable lot or parcel; and 2. at least 50 percent of the length of the building shall be 20 feet wide, excluding porches; and 3. in the C7 Sub-areas, at least 60 percent of the site shall be reserved for non-residential uses. 6. Group Home See CCZO for conditions. 7. Liveaboards 1. Marinas with one to 100 wet slips shall have no more than one liveaboard. Marinas with 10l to 200 wet slips shall have no more than two liveaboards, marinas with 20l to 300 slips shall have no more than three liveaboards, and marinas with 300+ slips shall have no more than four liveaboards; and 2. the marina shall have pump-out facilities and shower facilities available year-round; and 3. the sewage systems on liveaboards shall be closed systems. No overboard discharge shall be permitted. The slip limitations in a marina do not apply for weekend and short-term vacation use by vessel owners. 8b. Manufactured Home, Farm See CCZO for conditions. 8d. Manufactured Home or Recreational Vehicle (Emergency) See CCZO for conditions. 9a. Tenant House See CCZO for conditions. Article 3 Page 158

80 USE # SOLOMONS COMMERCIAL RETAIL USES CONDITIONS 2. Antiques Sales 1. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 2. In the B2, B4, C2, C6, C7, E1, and E2 Sub-areas, the maximum square footage of the footprint of the Antique Sales Building shall be 5,000 square feet. 3. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Antique Sales Building shall be 75,000 square feet. 4. In the C6 Sub-area, an Antique Sales Building is permitted only on properties which border on South Solomons Island Road. 3. Art Gallery 1. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 2. In the B4, C2, C6, C7, and E1 Sub-areas, the maximum square footage of the footprint of the Art Gallery shall be 5,000 square feet. 3. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Art Gallery shall be 75,000 square feet. 4. In the C6 Sub-area, an Art Gallery is permitted only on properties which border on South Solomons Island Road. 4. Auction Building 1. There shall be no outside storage of articles to be sold; and 2. the Auction Building shall not be used for the sale or auction of motor vehicles; and 3. the maximum square footage of the Auction Building shall be 75,000 square feet. 6. 8a. Home Improvement Center Market, Artisans and Crafters 1. Any outdoor storage of building materials or lumber be screened from adjacent properties and the road; and 2. in the D1, D4, and D5 Sub-areas, the maximum square footage of the Home Improvement Center shall be 75,000 square feet. 1. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 2. In the B4, C2, C6, and E1 Sub-areas, the maximum square footage of the footprint of the Artisans and Crafters Market shall be 5,000 square feet. 3. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Artisans and Crafters Market shall be 75,000 square feet. 4. In the C6 Sub-area, an Artisans and Crafters Market is permitted only on properties which border on South Solomons Island Road. Article 3 Page 159

81 USE # SOLOMONS COMMERCIAL RETAIL USES CONDITIONS 8b. Market, Farmers' (3/25/08) 1. It shall be restricted to selling farm-produced and/or valueadded products only; and 2. it shall be located on property with the permission of the owner; and 3. if the Farmers Market is located in a permanent structure, the following additional conditions apply: a. Any new permanent market shall meet the setback requirements specified in Article 6 of the Solomons Town Center Zoning Ordinance. b. In the B4, C2, C6, and E1 Sub-areas, the maximum square footage of the footprint of the Farmers Market shall be 5,000 square feet. c. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Farmers Market shall be 75,000 square feet. d. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 8d. Market, Watermen s 1. The market is restricted to selling seafood only; and 2. the market is located on property with the permission of the owner; and 3. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 4. In the B2, B3, B4, C2, C6, C7, E1, and E2 Sub-areas, the maximum square footage of the footprint of the Watermen s Market shall be 5,000 square feet. 5. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Watermen s Market shall be 75,000 square feet. 6. In the C6 Sub-area, a Watermen s Market is permitted only on properties which border on South Solomons Island Road. 9. Mobile Food Sales See CCZO for conditions. 10a. Retail Commercial Building 1. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 2. In the B3, B4, C2, C7, E1, and E2 Sub-areas, the maximum square footage of the footprint of the Retail Commercial Building shall be 5,000 square feet. 3. In the D1, D4, and D5 Sub-areas, the maximum square footage of the Retail Commercial Building shall be 75,000 square feet. 10b. Retail Commercial Building with Driveup Facility The conditions for Retail Commercial Building shall be met. Article 3 Page 160

82 USE # SOLOMONS COMMERCIAL RETAIL USES 11. Retail Commercial Sale or Display Area, Outdoor CONDITIONS 1. An outdoor retail commercial sale or display area shall only be permitted as an accessory use to an approved retail commercial building and shall not exceed 25 percent of the size of the associated retail commercial building; and 2. site plan approval shall be obtained; and 3. the sale or display area shall not be located within designated parking areas unless it can be demonstrated that the parking requirements will be met. Note: Parking shall be provided for the outdoor sales area in addition to the retail commercial building; and 4. the sale or display area shall not be located within designated travelways. USE # SOLOMONS BUSINESS & PERSONAL SERVICE USES CONDITIONS 2. Boat Storage, Commercial 1. In the C5 Sub-area, the Commercial Boat Storage shall be in a barn that was in existence as of the effective date of the Calvert County Zoning Ordinance (05/01/06). 2. No multi-level boat storage is permitted unless completely enclosed within building. 4. Commercial Kitchen (not associated with an Eating Establishment) See CCZO for conditions. 5. Commercial Pier 1. In the C3 Sub-area located along the public boardwalk, the pier shall have been in existence as of the date of adoption of the Solomons Town Center Zoning Ordinance; and 2. an existing commercial pier may be extended in length but shall be restricted to a total length of no more than 117 feet as measured from mean high tide. 10a. Eating Establishment With No Outdoor Patron Area 10b. Eating Establishment with Outdoor Patron Area In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 1. There are adequate safeguards to protect against noise levels that would exceed State standards; and 2. all Patron Areas shall be shown and approved on the site plan and parking shall be provided for all Patron Areas in accordance with Article 6. Article 3 Page 161

83 USE # SOLOMONS BUSINESS & PERSONAL SERVICE USES CONDITIONS 14. Home Occupation 1. The occupation shall be conducted within the dwelling or an accessory structure; and 2. no outside storage of equipment, materials or items to be repaired shall be permitted; and 3. no article or commodity shall be offered for sale or publicly displayed on the premises except those incidental to the services offered; and 4. applicable State Licenses shall be obtained; and 5. the space occupied by all the occupations on a single site shall not exceed 600 square feet including storage. Exception: The use of a tobacco barn for a home occupation is permitted, regardless of size, with the conditions that (a) the barn shall have been in existence as of the effective date of this condition (05/01/06); and (b) the barn shall be constructed of wood; and 6. if road access to the home occupation is gained through another person's property via an easement type road rightof-way, written approval of those property owners shall be obtained. 7. Condition #6 above applies to all home occupations in which customers come to the premises. 8. Non-medical and medical offices, office support services, home studios, and personal service uses are permitted as home occupations. Other uses that are listed separately in the Land Use Charts shall not be permitted as home occupations (e.g., Automobile Repair, Commercial Studios, Commercial Performing Arts Studios, etc.). 9. Total signage for home occupations shall be restricted to four square feet, and all signs shall be erected at least 10 feet from the edge of the right-of-way. 10. No more than two equivalent full-time non-resident employees shall be permitted. 17a. Nightclub, Lounge There are adequate safeguards to protect against noise levels that would exceed State standards 17b. Nightclub or Lounge with Outdoor Patron Area 18a. Office, Non-Medical, Medical, Clinic, Less than 2500 square feet 18b. Office, Non-Medical, Medical, Clinic more than 2500 square feet 1. There are adequate safeguards to protect against noise levels that would exceed State standards; and 2. all Patron Area shall be shown and approved on the site plan and parking shall be provided for all patron areas in accordance with Article 6 of the Solomons Town Center Zoning Ordinance. 1. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 2. In the C6 Sub-area, such a use is permitted only on properties which border on South Solomons Island Road. In the C7 Sub-areas, the use shall be marine-related. Article 3 Page 162

84 USE # SOLOMONS BUSINESS & PERSONAL SERVICE USES 20a. Personal Services, Less than 2,500 square feet 20b. Personal Services, More than 2,500 square feet CONDITIONS 3. In the C3 Sub-area located along the public boardwalk, only buildings in existence as of the date of the adoption of the Solomons Town Center Zoning Ordinance (9/22/09) shall be used, and no expansion of such buildings shall be permitted. 4. In the C6 Sub-area, such a use is permitted only on properties which border on South Solomons Island Road. In the C7 Sub-areas, the use shall be marine-related. 21a. Tavern, Bar There are adequate safeguards to protect against noise levels that would exceed State standards 21b. Tavern or Bar with Outdoor Patron Area 1. There are adequate safeguards to protect against noise levels that would exceed State standards; and 2. all Patron Area shall be shown and approved on the site plan and parking shall be provided for all patron areas in accordance with Article 6 of the Solomons Town Center Zoning Ordinance. USE # SOLOMONS RECREATION USES 2a. Carnival, Fair or Circus, Temporary, on Less than 5 Acres 2b. Carnival, Fair or Circus, Temporary, on More than 5 Acres 8d. Recreation Facility, Indoor Commercial: Studio See CCZO for conditions. CONDITIONS SAME CONDITIONS AS IMPOSED FOR LESS THAN 5 ACRES. See CCZO for conditions. 10. Retreat, Day In the C5 Sub-area, the lot size shall be a minimum of 20 acres. USE # SOLOMONS COMMERCIAL WHOLESALE USES 3. Wholesale Lumber and/or Other Building Materials CONDITIONS In the D1, D4, and D5 Sub-areas, the maximum square footage of the Wholesale Lumber and/or Other Building Materials building shall be 75,000 square feet. Article 3 Page 163

85 USE # SOLOMONS MOTOR VEHICLE & RELATED SERVICE USES CONDITIONS 1a. Automobile Filling Station 1. No fuel pump, oil draining pit, or other visible appliance for servicing automobiles shall be located within 25 feet of the front lot line; and 2. Fuel pumps and service bays are located to the rear of the building, and; 3. no structure or building shall be erected within 150 feet of any dwelling (neither setback may be reduced), and 4. no new service bay openings shall face a right-of-way, and 5. No more than 5 inoperative vehicles and/or junk cars are allowed, except those which are completely screened from adjoining properties and rights-of-way per Section of the Calvert County Zoning Ordinance, and 6. An area for the storage of junk cars shall be so designated, separate from customer parking. 7. Junk vehicles shall be removed after 30 days, and 1b. Automobile Filling Station with Convenience Store and/or Eating Establishment 4. Automobile Repair/Service Shop without fuel sales Conditions for Automobile Filling Station must be met. See CCZO for conditions. 9. Motor Vehicle Accessory Shop See CCZO for conditions. 13. Parking of Commercial Motor Vehicles See CCZO for conditions. USE # SOLOMONS INDUSTRIAL USES 1. Agricultural/Seafood/Livestock Processing Plant 10. Outdoor Storage in Connection with Commercial and/or Industrial Uses 11a. Power Generating Facility, Accessory to a Residence or Business 12a. Research & Development Facility, Environmental 12b. Research & Development Facility, Other CONDITIONS Only Seafood Processing shall be permitted. See CCZO for conditions. The materials and/or equipment stored are not visible from adjoining properties or the road. See CCZO for conditions. No research or development involving the use of hazardous wastes is conducted on the premises. No research or development involving the use of hazardous wastes is conducted on the premises. USE SOLOMONS INSTITUTIONAL USES CONDITIONS # None of the uses listed in the Table of Land Uses are conditional. Therefore, no conditions are included in this Section. For Use Definitions, see Article 12 of the Calvert County Zoning Ordinance. Article 3 Page 164

86 USE # SOLOMONS UNCLASSIFIED USES 5. Dock, Pier, Private See CCZO for conditions. 6. Garage Sale, Yard Sale or Estate Sale See CCZO for conditions. CONDITIONS 8. Model Home 1. The model home shall be closed after 90 percent of the lots or units are sold or rented; and 2. the Model Home shall be used for the sale or rental of units within the development in which it is located only. 9c. Pets, Livestock, Chickens Only (Kept on Non-Farm Properties) 9d. Pets, Livestock (Kept on Non-Farm Properties) 11. Structure for the Keeping of Animals (on non-farm properties) 12a. Temporary Structure Incidental to Construction (non-residential) 1. Livestock shall be restricted to the raising of chickens only; and 2. flocks shall be limited to a maximum of six chickens per household; and 3. no roosters shall be permitted; and 4. no slaughter on premises shall be permitted; and 5. the chickens shall be kept in clean coops and the provisions for sanitation shall meet the requirements of the County Health Department; and 6. the coops shall be set back 25 from side and rear and comply with the front setback required for the principal structure. See CCZO for conditions. 1. The structure shall be setback a minimum of 25 from the side and rear property lines; and 2. The structure shall meet the front setbacks required for the principal dwelling, in accordance with Article 5 of the Solomons Town Center Zoning Ordinance. See CCZO for conditions. Article 3 Page 165

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88 Purpose 3-3 TOWER AND ANTENNA REGULATIONS Purpose A. Protect the health and safety of the residents of Calvert County by: (1) prohibiting the interference or degradation of the County s wireless communication systems which include, but are not limited to public safety, administrative and school wireless systems; (2) ensuring that communications towers and antennas comply with all State and Federal safety regulations; and (3) avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. B. Minimize the total number of towers throughout Calvert County by encouraging colocation of antennas on existing towers and other structures such as buildings, water tanks, etc. C. Protect residential areas and land uses from potential adverse impacts of towers and antennas by encouraging the location of towers in non-residential areas and in areas where the adverse impact on the community is minimal. D. Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact and provides protection of historic, natural, and cultural features through careful design, siting, screening, and innovative camouflaging techniques. E. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently by streamlining the process General Requirements A. Antennas and towers may be considered either principal or accessory uses. A different use on the same lot shall not preclude the installation of an antenna or tower on such lot. B. The height of towers shall be measured from ground level to the highest point of the tower, including all attached antennas and appurtenances. C. The owner of any commercial communications tower approved after adoption of these regulations (December 4, 2001) shall submit a report to the Department of Planning and Zoning upon construction of the tower and every two years thereafter indicating the name(s) and addresses of all carriers with equipment located on the tower and a description of such equipment. D. Upon installation of any new antennas on pre-existing commercial communications towers after adoption of these regulations (December 4, 2001), and every two years thereafter, the owner of the tower shall submit a report to the Department of Planning and Zoning indicating the name(s) and addresses of all carriers with equipment located on the tower and a description of such equipment. E. A tower inspection report prepared by a licensed engineer in compliance with current American National Standards Institute (ANSI) standards shall be submitted upon construction, and every two years following construction, of any new commercial communications tower approved after adoption of these regulations (December 4, 2001). Pre-existing towers shall be subject to similar reporting requirements upon installation of any new antennas installed after adoption of these regulations and every two years thereafter. F. All obsolete or unused facilities related to towers and antennas shall be removed within 12 months of cessation of operations. G. Towers and antennas are permitted in accordance with the following land use chart: Article 3 Page 167

89 General Requirements USE ZONING DISTRICTS FFD RCD RD WL APD HD I-1 RC MC TC EC TOWERS: A. Tower, Commercial/Governmental on Government Property B. Tower, Commercial on Private Property (no height restriction) C. Tower, Commercial on Private Property, less than 75 feet C C C C C C C C SC SC SC SC SC SC SC SC SC SC C C C C C D. Tower, Private/Not-for-Profit, less than 75 feet C C C C C C C C C E. Tower, Private/Not-for-Profit, greater than 75 feet SC SC SC SC SC SC SC SC SC ANTENNAS: F. Antenna, Commercial/Governmental on Government Property C C C C C C C C G. Antenna, Commercial on Private Property C C C C C C C C C H. Satellite Dish Antenna; Ground Mounted, greater than three feet in Diameter I. Satellite Dish Antenna; Roof Mounted, greater three feet in Diameter J. Satellite Dish Antenna; Ground or Roof-Mounted, less than three feet in Diameter C C C C C C C C C SC SC SC SC C SC SC SC SC P P P P P P P P P K. Antenna, Private/Not-For-Profit P P P P P P P P P KEY: C = Must comply with conditions of Section ; SC = Requires special exception from Board of Appeals and must also comply with conditions of Section ; P = Permitted; Blank = Not Permitted. Article 3 Page 168

90 Conditions for Towers and Antennas Conditions for Towers and Antennas A. Tower, Commercial/Governmental on Government Property, (no height restriction) provided that: 1. The property is government-owned or leased; and 2. The tower shall be constructed so as to provide capacity for future co-location of other commercial and/or government operated antennas; and 3. The tower shall be constructed and operated in compliance with all current Federal Communications Commission (FCC), Federal Aviation Administration (FAA) And Maryland Aviation Administration (MAA) requirements. B. Tower, Commercial on Private Property (no height restriction) provided that: 1. Tower System. a. The application submitted by the applicant to the Board of Appeals shall include: (a) a system design plan that shall include, at a minimum, radio frequency parameters, tower height, number and location of all antennas on the tower (proposed by the applicant and future co-locations), radio frequency output, effective radiated power and azimuth antenna type; (b) coverage map of the area to be served by the proposed tower; (c) coverage map showing coverage available under existing towers and other appropriate structures; and (d) an evaluation of the tower's relationship to the following: other antenna sites, existing buildings taller than 50 feet, and communication towers and water tanks within one mile of the proposed tower; and b. 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 and that the proposed tower is the only feasible location for the antennas. Physical constraints and economic feasibility may be considered. Co-location shall be deemed not possible if: i. planned equipment would exceed the structural capacity of existing and approved towers, considering existing and planned use of those towers, and such towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost; ii. planned equipment will cause interference with other existing or planned equipment for that tower, and the interference cannot be prevented at a reasonable cost; iii. existing or approved towers do not have space on which planned equipment can be placed so as to function effectively; or iv. existing or approved towers will not provide effective signal coverage sought by the applicant; and c. The applicant demonstrates that the tower is needed to introduce personal wireless service to an area that is without such service. The applicant shall submit a master plan for its proposed communications network for the entire county. The Department of Planning & Zoning shall adopt a policy outlining the submittal requirements for such a master plan; and Article 3 Page 169

91 Conditions for Towers and Antennas d. The applicant demonstrates that the proposed tower will not degrade or cause interference to the County s wireless communication systems which include, but are not limited to public safety, administrative and school wireless systems; and e. The applicant shall certify that the proposed tower meets Federal Communication Commission, Federal Aviation Administration and Maryland Aviation Administration requirements. 2. Tower Construction. a. The applicant shall submit a certification by a Professional Engineer Licensed in the State of Maryland that the tower foundation is adequately designed to support the tower and appurtenances, the design of the proposed tower is structurally sound and that the tower will be adequate to accommodate the initial antenna loading as well as anticipated future loading; and b. The tower shall be constructed so as to provide capacity for future colocation of other commercial and/or government-operated antennas, unless the applicant demonstrates that 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 shelters or space for other users; and c. All towers shall be of monopole construction and shall be screened or camouflaged to reduce visual obtrusiveness, including but not limited to the use of compatible building materials and colors, screening, landscaping, and placement within trees. Lattice towers may be permitted if the applicant demonstrates that it is not feasible to construct a monopole tower to a height that will provide adequate space for future co-locations and/or that a monopole could not provide the structural support necessary for the antennas proposed. 3. Tower Site. a. The tower shall be set back a distance equal to the height of the tower from all property lines except for adjacent properties under common ownership. Guy wires and accessory buildings must comply with the minimum setback requirements for the Zoning District within which the tower is located. The Board of Appeals may reduce this requirement if the goals of this Section would be better served thereby; and b. If the tower is not camouflaged or screened from adjacent properties and the road by existing vegetation, buildings or structures, it shall be surrounded by a minimum 40-foot wide buffer of dense tree growth and understory in all directions to create an effective year round visual buffer. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Existing mature tree growth and natural contours of the site shall be preserved to the maximum extent possible. The vegetated buffer shall be of sufficient height and depth to effectively screen the base of the tower and all equipment and equipment shelters. The Department of Planning and Zoning shall determine the types of trees and plant materials based on site conditions; and Article 3 Page 170

92 Conditions for Towers and Antennas c. The tower shall be constructed to minimize interference with the view of or from any public park or any Historic District; and d. All new towers shall be surrounded by a locked, security fence or wall that seals the area at the base of the tower from unauthorized entry or trespass; and e. Towers shall not be artificially lighted, unless required by the FAA, MAA, or other regulating authority. If lighting is required, the lighting alternative and design that causes the least disturbance to the surrounding areas shall be utilized; and f. No commercial advertising signs shall be allowed on the tower. Signs warning of any danger and identifying the owners of the tower and all antennas, with emergency contact information, shall be located on the fence or wall surrounding the tower. 4. Pre-existing Towers. a. Guyed towers, lattice towers, and monopoles in existence at the time of adoption of this amendment (December 4, 2001) that do not comply with the requirements of this amendment may be reconstructed, altered, extended or replaced on the same site by special exception, provided that the Board of Appeals finds that the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. b. Modifications to antenna systems on pre-existing towers, such as changing technology, frequencies, increasing power, or relocating or adding antennas in such a manner so as to significantly alter the original plans approved for the tower shall require approval by the Department of Planning and Zoning to assure that such modifications will not cause interference with or degradation to the County s wireless communication systems which include, but are not limited to public safety, administrative and school wireless systems. 5. Board of Appeals Authority. a. Before the Board of Appeals grants a special exception for the installation of a communications tower, it shall consider the following: i. the height of the proposed tower, ii. the proximity of the proposed tower to residential structures and residential district boundaries, iii. the nature of uses on adjacent properties, iv. surrounding topography, v. surrounding tree coverage and foliage, vi. design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, vii. proposed ingress and egress to tower site, viii. availability of suitable existing towers, structures or alternative technologies not requiring the use of towers. Article 3 Page 171

93 Conditions for Towers and Antennas b. In addition to the authority granted in Section of this Ordinance, the Board of Appeals shall have the authority in granting a special exception for a communications tower under these regulations to reduce the required screening and/or setbacks if it finds that a substantially better design will result from such reduction. In making such a finding, the Board of Appeals shall consider both the visual and safety impacts of the proposed reduction; and c. The Board of Appeals may require camouflaging and/or additional screening, buffering, fencing, and setbacks in order to protect significant natural, cultural, or historical features of the area surrounding the proposed tower, and/or to minimize any adverse effect of the proposed tower on adjoining properties. C. Tower, Commercial on Private Property (less than 75 feet in height) provided that: 1. The tower be constructed to minimize interference with the view of or from any public park or any Historic District; and 2. The minimum setback from all adjoining parcels shall be equal to the height of the tower measured from its base to the adjoining property line. Guy wires and accessory buildings must comply with the minimum setback requirements for the Zoning District within which the tower is located. The Board of Appeals may reduce the setback requirements if the goals stated in Section would be better served thereby; and 3. The height of a tower may be increased above 75 feet if the increase is used to facilitate the co-location of another communication provider. Such increase may be approved as a special exception by the Board of Appeals; and 4. Only one tower is permitted per lot or parcel unless a special exception is obtained from the Board of Appeals, and 5. The base of the tower shall be adequately screened from adjoining properties and the road so as to decrease the visual impact. D. Tower, Private/Not-for-Profit (Non-Commercial/Governmental) less than 75 feet in height provided that: 1. The distance between the base of the tower and the nearest property line shall equal no less than 75 percent of the height of the tower; and 2. Only one tower is permitted per lot or parcel unless a special exception is obtained from the Board of Appeals; and 3. The base of the tower shall be adequately screened from adjoining properties and the road so as to decrease the visual impact. E. Tower, Private/Not-for-Profit (Non-Commercial/Governmental), greater than 75 feet in height provided that: 1. The distance between the base of the tower and the nearest property line shall equal no less than 75 percent of the height of the tower; and 2. Only one tower is permitted per lot or parcel unless a special exception is obtained from the Board of Appeals; and 3. The base of the tower shall be adequately screened from adjoining properties and the road so as to decrease the visual impact; and Article 3 Page 172

94 Conditions for Towers and Antennas 4. The applicant demonstrates that the proposed tower will not degrade or cause interference to the County s wireless communication systems which include, but are not limited to public safety, administrative and school wireless systems. F. Antenna, Commercial/Governmental on Government Property, provided that: 1. A building permit shall be obtained prior to installation of the antenna. 2. The antenna shall be attached to public buildings, water towers, or existing towers (including street lights and utility poles) located on government property; and 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible; and 4. The owner of the antenna shall submit a radiation safety analysis demonstrating that the antenna will not pose a health threat to individuals due to excessive radiation emissions and that the antenna is in compliance with current FCC guidelines for human exposure to radio frequency electromagnetic fields. G. Antenna, Commercial on Private Property, provided that: 1. A building permit shall be obtained prior to installation of the antenna; and 2. The antenna shall be attached to public, commercial or industrial buildings or structures, steeples, smokestacks, water towers, or existing communications towers only; and 3. The radio signals emanating from the proposed antennas shall not interfere with the County s wireless communication systems which include, but are not limited to public safety, administrative and school wireless systems; and 4. The owner of the antenna shall submit a radiation safety analysis demonstrating that the antenna will not pose a health threat to individuals due to excessive radiation emissions and that the antenna is in compliance with current FCC guidelines for human exposure to radio frequency electromagnetic fields; and 5. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible; and 6. A commercial antenna may be approved as an accessory use to any commercial, industrial, or institutional structure, or to any existing approved tower provided that: a. if attached to a building, the antenna shall not project above the roof line by more than ten (10) feet. If attached to an approved tower, the antenna shall not exceed the maximum height originally approved for the tower. b. the antenna shall comply with the applicable FCC, MAA and FAA regulations, and the applicant shall submit verification of same. Article 3 Page 173

95 Conditions for Towers and Antennas H. Satellite Dish Antenna; Ground Mounted, greater than three feet in Diameter, provided that: 1. The antenna complies with all accessory use setbacks specified in the District; and 2. The antenna is located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties; and 3. If located within 200 feet of a residence, the antenna must be screened along the antenna's non-reception window with low level ornamental landscaping; and 4. The antenna shall be no larger than 12 feet in diameter; and 5. If located within 200 feet of a residence, the antenna shall, to the extent possible, be constructed of materials and colors that blend with the surroundings. I. Satellite Dish Antenna; Roof Mounted, greater than three feet in Diameter, provided that: 1. The antenna is located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties; and 2. The antenna is no larger than 12 feet in diameter; and 3. If located within 200 feet of a residence, the antenna shall (to the extent possible) be constructed of materials and colors that blend with the surroundings. Article 3 Page 174

96 Residential Density Requirements in the Residential District C. Land in the Resource Conservation Area of the Critical Area Overlay District The maximum allowable density is one lot per 20 acres. This lot density may only be increased through intra-family transfer if the parcel is eligible. See Section 8-1 for eligibility requirements and lot calculation. For parcels divided by the Critical Area line, the density requirements in the Resource Conservation Area are applied to the portion of the property lying within the Critical Area, and the density requirements for the Residential District are applied to the portion of the property lying outside the Critical Area. D. All other land within the Residential District 1. The zoned density is one dwelling unit per 4 acres after tidal wetlands, nontidal wetlands, zoned wetlands, and State wetlands are deducted (net acreage). The boundaries of wetlands are: a. as determined on the official zoning map, b. as delineated and verified by qualified professionals as meeting the definition of jurisdictional wetlands according to State and/or Federal regulation; or c. those areas meeting the definition of State and/or Federal jurisdictional wetlands. See Section for further details. (05/12/09) 2. Conventional Lots or Dwelling Units. Divide the total net acreage (paragraph D.1) by 4. If the product includes a decimal of any amount, round down to the nearest whole number. 3. Receiving Area Lots. The Residential District is a Receiving Area for Transferable Development Rights (TDRs). a. Receiving area lots or dwelling units outside a one-mile radius of Town Centers 6. To determine the number of receiving area lots or dwelling units that can be created, divide the net acreage (paragraph D.1) by 2. Subtract the number of conventional lots or dwelling units (paragraph D.2). The remainder is the number of receiving area lots or dwelling units. Five Transferable Development Rights are required for each additional lot or dwelling unit. b. Receiving Area Lots or dwelling units inside a one-mile radius of Town Centers 7. To determine the number of receiving area lots or dwelling units that can be created, multiply the net acreage (paragraph D.1) by 4. Subtract the number of conventional lots or dwelling units (paragraph D.2). The remainder is the number of receiving area lots or dwelling units. Five Transferable Development Rights are required for each additional lot or dwelling unit. Note: The Board of County Commissioners may exempt affordable housing agencies from having to apply TDRs to obtain the increased density. 6 Section C for the definition of the 1-mile radius. 7 Section C for the definition of the 1-mile radius. Article 5 Page 9

97 Residential Density Requirements in the Employment Center, Rural Commercial, Marine Commercial, and Light Industrial Districts 4. Family Conveyance Lots. Additional lots or dwelling units may be created through family conveyance. To be eligible to create and convey family conveyance lots or dwelling units, the current owner(s) must have owned the property as of November 2, 1999 or be a family member of lineal descent or ascent to whom the right has been transferred by will or deed. The following provisions apply: a. Any lot or dwelling unit created as a family conveyance lot or dwelling unit shall only be conveyed to a family member of lineal descent or ascent, being parent, child, grandchild or grandparent of the grantor. Only one lot may be granted to any one individual. An affidavit shall be executed by the grantor affirming that the grantee is of lineal descent or ascent and has not received any lots or dwelling units from the parent tract (as of June 29, 1967). The affidavit shall be submitted with the preliminary plan. A note shall be recorded on the plat identifying the lot or dwelling unit as a family conveyance lot or dwelling unit and the affidavit shall be shown on the final plat and signed by the owner. b. Any deed for a lot or dwelling unit that is created by a family conveyance subdivision under this Section shall contain a covenant stating that the lot or dwelling unit is created subject to the provisions of this Section. c. A lot or dwelling unit created by a bona fide family conveyance subdivision may not be conveyed subsequently to any person other than a family member of lineal descent or ascent, unless five Transferable Development Rights (TDRs) per lot or dwelling unit are applied and recorded by deed. This provision shall be in effect for seven years after the lot or dwelling unit is recorded. d. The number of conventional lots or dwelling units calculated in paragraph D.2 above may be doubled through the use of family conveyance lots or dwelling units up to a total maximum of five lots or dwelling unit if the minimum lot size requirements can be met. e. Notwithstanding the calculations above, up to three family conveyance lots may be created without the application of Transferable Development Rights provided that all of the conditions in this Section are met. Any family conveyance lots or dwelling units created after the first three lots or dwelling units shall require the application of five Transferable Development Rights (TDRs) per lot or dwelling unit Residential Density Requirements in the Employment Center, Rural Commercial, Marine Commercial, and Light Industrial Districts A. No additional lots are permitted in the Employment Center, Rural Commercial, Marine Commercial, or Light Industrial Districts unless the provisions for family conveyance lots can be met. See Section D.4 for criteria. No more than two family conveyance lots may be created in these Districts. Article 5 Page 10

98 Residential Density and Minimum Lot Sizes - Town Centers Prince Frederick Old Town Single-family Detached TABLE 5-3 Residential Density and Minimum Lot Size Chart- Town Centers (continued) * Residential Density = D; Minimum Lot Size = L Duplex, triplex, fourplex (unless otherwise noted) Townhouse Multi-family Base With TDRs Base With TDRs Base With TDRs Base With TDRs All Districts. The number of dwelling units that can be placed on any given site will be determined on the basis of Town Center regulations but in no case may exceed 14 units per acre. No minimum lot size is required. However, single-family detached, single-family attached and townhouse residences shall be provided with a private backyard at least equal in size to the footprint of the building. Five TDRs are required for each dwelling unit over one per acre. 9 Agerestricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs. Old Town Res. Old Town Trans. Fairgrounds Entry Provided at least 40% of dwelling units on any given site are single-family detached. Provided at least 40% of dwelling units on any given site are single-family The site is immediately adjacent to Rt 2/4 or Dares Beach Road. Provided no more than 20% of the dwelling units on any given site are multi-family Village New Town Forest 30% of units must be single-family detached, 2/acre 30% of units must be single-family attached (including Townhouse); 30% of units must be singlefamily attached (including Townhouse); 30% of units must be multifamily. * Refer to individual Town Center Zoning Ordinances for specific requirements. Conditions may apply which are not included in this table. 9 In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details. 10 Special conditions are required for these uses. See the Prince Frederick Zoning Ordinance for conditions. Article 5 Page 15

99 Residential Density and Minimum Lot Sizes - Town Centers TABLE 5-3 Residential Density and Minimum Lot Size Chart- Town Centers (continued) * Residential Density = D; Minimum Lot Size = L Single-family Duplex, triplex, fourplex Detached (unless otherwise noted) Townhouse Multi-family Base With TDRs Base With TDRs Base With TDRs Base With TDRs Village District: Five Transferable Development Rights (TDRs) are required for each lot or dwelling unit which is created in excess of one dwelling unit per St. Leonard 40,000 sf. 11 Age-restricted housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs. Village-subarea A D 1/40,000sf 1/40,000sf L 40,000sf 20,000sf 40,000sf (duplex only) 20,000sf Village-Subarea B D 1/40,000sf 1/40,000sf L 40,000sf 20,000sf 40,000sf (duplex only) 20,000sf Residential D 1/40,000sf 1/40,000sf L 40,000sf TDRs not permitted 40,000sf (duplex only) TDRs not permitted Village Edge District & Village Residential-Office District: Five TDRs are required to develop each dwelling unit over one unit per acre. 11 Age-restricted Lusby housing communities which are properly submitted for approval to the Department of Planning & Zoning prior to July 1, 2006 shall be exempt from the requirement to purchase TDRs. Minimum lot size may be impacted by required setbacks and forest buffers. Village Residential- D 1/acre 9/acre 1/acre 9/acre 1/acre 9/acre 1/acre 9/acre Office L 2,000 sf 2,000 sf 2,000 sf 2,000 sf 2,000 sf 2,000 sf 2,000 sf 2,000 sf Village Edge D 1/acre 9/acre 1/acre 9/acre 1/acre 9/acre 1/acre 9/acre L 5,000 sf 5,000 sf 5,000 sf 5,000 sf 5,000 sf 5,000 sf 5,000 sf 5,000 sf All Other Districts D L Single-family Apartments in a Mixed Use Building and Attached Dwellings: Duplex, Fourplex, Multi-family, Solomons Detached Townhouse, Triplex (where permitted) (9/22/09) Base With TDRs 12 Base With TDRs 2 C1 Sub-area C6 Sub-area C7 Sub-area All Other Sub-areas D 1/lot 1/lot 1/acre 20/acre L N/A N/A N/A N/A D 1/acre 10/acre 1/acre 10/acre L 4,000 sf 4,000 sf 4,000 sf 4,000 sf D 1/acre 4/acre 1/acre 4/acre L 4,000 sf 4,000 sf 4,000 sf 4,000 sf D 1/acre 7/acre 1/acre 7/acre L 4,000 sf 4,000 sf 4,000 sf 4,000 sf * Refer to individual Town Center Zoning Ordinances for specific requirements. Conditions may apply which are not included in this table. 11 In lieu of purchasing TDRs, applicants with bona fide affordable housing projects may apply to the Board of County Commissioners for a waiver of the requirement to purchase TDRs. See the Town Center Zoning Ordinance for details. 12 The Board of County Commissioners may reduce the number of TDRs required for workforce housing and for non-profit organizations which provide public benefit. See Section B.3 of the Solomons Zoning Ordinance for details. Article 5 Page 16

100 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED AGRITOURISM, ECOTOURISM, AND HERITAGE TOURISM USES PARKING CATEGORY Agritourism Enterprise N/A Campground, Farm A Canoe or Kayak Launching Site, Commercial A Commercial Kitchen, Farm A Ecotourism Enterprise A Farm Support Business, Less than 5,000 square feet A Farm Support Business, More than 5,000 square feet A Heritage Trail Displays A Hunting Service A Public Events/Public Assemblies on Farmland A Rental Facilities on Farms A Sports Practice Fields on a Farm A KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 7

101 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED Animal Husbandry TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED AGRICULTURAL USES Aquaculture, Freshwater and Land-based Aquaculture, Marine/Estuarine Commercial Greenhouse, Retail Commercial Greenhouse, Wholesale Commercial Kennel, with indoor facilities only Commercial Kennel, with outdoor facilities Commercial or Non-Profit Stable or Horseback-Riding Club Commercial Raising of Animals, Dangerous or Wild (9/22/09) Commercial Raising of Animals, Fur-bearing (9/22/09) Farm Farm Brewery Farm Brewery (with Tasting Room and/or Eating Establishment) Farm Building Farm Distillery Farm Distillery (with Tasting Room and/or Eating Establishment) Farm Stand Farm, Tree (9/22/09) Farm Winery Farm Winery (with Tasting Room and/or Eating Establishment) Field Crops Forest Product Processing Garden Center or Farm Supply Store Livestock Auction and/or Sales Barn, Commercial Livestock Auction, by a Non-Profit Organization or Farm Owner Nursery, Retail Nursery, Wholesale Veterinary Hospital or Clinic, Livestock Veterinary Hospital or Clinic, Small Animal and Household Pets KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES PARKING CATEGORY A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. A A A C A A A A A A A N/A E A N/A E A N/A N/A E N/A A C A A A A A C Article 6 - Page 8

102 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED COMMERCIAL RETAIL USES PARKING CATEGORY Agricultural Machinery, Service and/or Supplies B Antiques Sales C Art Gallery C Auction Building C Boat Dealership B Home Improvement Center C Manufactured Home Dealer B Market, Artisans and Crafters (9/22/09) A Market, Farmers' (9/22/09) C Market, Flea (9/22/09) C Market, Watermen s (9/22/09) C Mobile Food Sales N/A Retail Commercial Building C Retail Commercial Building with Drive-up Facility C Retail Commercial Sale or Display Area, Outdoor C KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 9

103 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED Boat Service and/or Repair Boat Storage, Commercial Boatel TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED BUSINESS & PERSONAL SERVICE USES Commercial Kitchen (not associated with an Eating Establishment) Commercial Pier Commercial Trade or Business School Corporate Headquarters Crematorium (not associated funeral home) Crematorium (associated with funeral home) Drive-up Facility, Accessory (9/22/09) Eating Establishments: Restaurant Fast Food & Carry-out Drive-in/Drive-up Eating Establishment within a shopping center or multi-service non-residential development of 10,000 square feet or more Entertainment Business, Adult Flex Space Business Funeral Home Home Occupation, All Employed are Residents Home Occupation, with up to 2 Equivalent Full-time non-resident employees Laundry, Industrial Laundry/Laundromat Motel or Hotel Nightclub, Lounge (9/22/09) Nightclub or Lounge with Outdoor Patron Area (9/22/09) Office, Medical, Non-medical or Clinic Office Support Services, including printing, copying, faxing, internetworking, etc. Personal Services Tavern, Bar (9/22/09) Tavern or Bar with Outdoor Patron Area (9/22/09) KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES PARKING CATEGORY B B B B A C C N/A 1 per 4 persons legal occupancy N/A E 1 per 50 gross floor area 2 per 50 square feet of gross floor area including exterior patron area C 1 per 4 persons legal occupancy 1 per 500 gross floor area 1 per 4 persons legal occupancy/visitation areas 1 per employee 1 per employee 1 per 500 gross floor area D 1 per overnight lodging unit plus 1 per employee E E C A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. B C E E Article 6 - Page 10

104 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED RECREATION USES PARKING CATEGORY Campground and/or Recreational Vehicle Camp, Non-Farm A Carnival, Fair or Circus Temporary, on Less than Five Acres (9/22/09) A Carnival, Fair or Circus Temporary, on More than Five Acres (9/22/09) A Commercial or Non-Profit Meeting Hall, Banquet Hall D Convention Center 1 per 4 persons legal occupancy Drive-in Theatre A Golf Course 4 per hole plus 1 per employee Golf, Driving Range 2/tee Golf, Miniature 1 per 2 holes plus 1 per employee 1 per 2 boat slips + 1 overflow Marina (08/07/07) (grass permitted) per 4 slips 5 per boat ramp + 10 overflow (grass permitted) per boat ramp 8 Recreation Facility, Indoor 1 per 4 persons legal occupancy Recreation Facility, Indoor Commercial: Bingo Hall, Arcade, Pool Hall 1 per 4 persons legal occupancy (9/22/09) Recreation Facility, Indoor Commercial: Bowling Center (9/22/09) 5 per lane Recreation Facility, Indoor Commercial: Fitness Center (9/22/09) 1 per 4 persons legal occupancy Recreation Facility, Indoor Commercial: Skating Rink (9/22/09) 1 per 200 gross floor area + 1 per 1000 s.f. of rink area Instructional: 1 per 300 net floor area Recreation Facility, Indoor Commercial: Studio, Commercial (9/22/09) Artists : 1 per 500 net floor area Performing Arts: 1 per 4 persons legal occupancy Recreation Facility, Indoor Commercial: Theatre (9/22/09) 1 per 4 persons legal occupancy Recreation Facility, Outdoor Commercial (9/22/09) A Retreat, Day 1 per 4 persons legal occupancy Target Range, Indoor 1 per 4 persons legal occupancy Target Range, Outdoor A PARKING CATEGORY NUMBER OF SPACES A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. 8 For boat ramps, the parking space size shall be 12 feet by 40 feet. Article 6 - Page 11

105 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED COMMERCIAL WHOLESALE USES PARKING CATEGORY Mini-Storage with office: 4 without office: 2 Warehouse, Indoor 1 per 1500 gross floor area Warehouse, Outdoor 1 per 1500 gross floor area Wholesale Lumber and/or Other Building Materials 1 per 1500 gross floor area Wholesaling, Indoor Only 1 per 1500 gross floor area KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 12

106 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED Automobile Filling Station MOTOR VEHICLE & RELATED SERVICE USES Automobile Filling Station with Convenience Store and/or Eating Establishment Automobile Parking Lot/Garage as a Principal Use Automobile Parts Dismantling and/or Storage Automobile Repair/Service Shop without fuel sales Bus Lot or Garage Car Wash Commuter Parking Lot Inoperative Motor Vehicle, 1 per lot Inoperative Motor Vehicles, 2 per lot Motor Vehicle Accessory Shop Motor Vehicle Dealership - New or Used Other Motor Vehicle Related Uses including: Bus depot, taxi service, vehicle rental or leasing Park-and-Sell Lot Parking of Commercial Vehicles Storage of Motor Vehicles Truck, Bus and Diesel Service and Repair Shop Truck Terminal Vehicle Ferry Service PARKING CATEGORY 2 per pump island + stacking + 3 per service bay + 1 per tow truck 2 per pump island + stacking + 3 per service bay + 1 per tow truck + 1 per 200 net floor area N/A per 2 employees 3 per service bay + 1 per tow truck N/A per 2 employees N/A N/A N/A C 1 per 300 s.f. display area or 1 per 10 display items (min. 5 spaces) A 1 per 300 s.f. display area or 1 per 10 display items (min. 5 spaces) A A 3 per service bay + 1 per tow truck B A KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 13

107 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED INDUSTRIAL USES Agricultural/Seafood/Livestock Processing Plant Asphalt Plant Commercial Fuel Storage Business Commercial Recycling Facility Distillation of Alcohol as a Fuel, Commercial Distillation of Alcohol as a Fuel on a Farm for Farm Use Only Grain Elevator Kiln, Wood Drying Landfill, Land-Clearing Debris Landfill, Rubble Landfill, Sanitary Manufacturing and/or Assembly, Light Manufacturing and/or Assembly Marine-Related (9/22/09) Outdoor Storage in Connection with Commercial and/or Industrial Uses Power Generating Facility, Accessory to a Residence or Business Power Generating Facility, Commercial Research & Development Facility, Environmental Research & Development Facility, Other Salvage and/or Junk Yard Sand, Gravel or Mineral Extraction and Processing Sand, Gravel or Mineral Extraction (No Processing) Sawmill, Commercial Sawmill, Portable Storage of Machinery & Equipment in Connection With Excavating and /or Contracting Business PARKING CATEGORY 1 per 500 gross floor area A A A A N/A A A A A A 1 per 500 gross floor area 1 per 500 gross floor area N/A N/A A B B per 2 employees per employee per employee per employee N/A N/A KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 14

108 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED INSTITUTIONAL USES College or University Day Care Center Elementary, Middle and High School Fire and/or Rescue Service Hospital Library Museum Nursing or Convalescent Home Place of Worship, Parish Hall, Convent, Monastery or Rectory Public or Governmental Building Public Utility Lines & Accessory Structures Solid Waste Collection Site Temporary Structure Incidental to Schools (classroom relocatables) Treatment Facility, Wastewater Treatment Facility, Water Supply PARKING CATEGORY 1 per 150 square feet + 1 per 4 seats in auditorium 3 per teaching station Elementary: 3 per teaching station Middle: 3 per teaching station + 1 per 4 seats in auditorium (whichever is greater) High: 1 per 4 seats or 5 per teaching station (whichever is greater) 1 per 4 persons legal occupancy C 1 per employee + 1 per 200 gross floor area 1 per employee + 1 per 200 gross floor area 1 per 5 beds + 1 per on-duty employee 1 per 4 persons legal occupancy C A A A A A KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 15

109 TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED TABLE 6-2 NUMBER OF PARKING SPACES REQUIRED UNCLASSIFIED USES Accessory Building, Structure, or Use Airport or Landing Field Cemetery or Memorial Garden Communications Towers & Antennas (Government, Commercial & Private) Dock, Pier, Private Garage Sale, Yard Sale or Estate Sale Heliport Model Home Pets, Dangerous or Wild Animals (9/22/09) Pets, Household (9/22/09) Pets, Livestock (on Non-Farm Properties) (9/22/09) Recreational Vehicle, Temporary, at Construction site (for watchman) (9/22/09) Recreational Vehicle, Unoccupied (9/22/09) Structure for the Keeping of Animals (on non-farm properties) Temporary Structure Incidental to Construction (non-residential) Temporary Structure Incidental to Sales or Rentals in New Residential or Commercial Developments (sales trailers) PARKING CATEGORY Based on Use A A N/A N/A N/A A A N/A N/A N/A 1 per employee N/A N/A A A KEY TO TABLE: PARKING CATEGORY A Very Low Parking Generation Group and/or Seasonal Uses B Low Parking Generation Group C Normal Parking Generation Group D High Parking Generation Group E Eating Establishments N/A NUMBER OF SPACES A minimum of four spaces shall be required. In addition, the parking area shall be adequate in size so that there is no parking on the right-of-way. Parking areas shall meet all other requirements of this Section. One space per 300 square feet net floor area. One per 200 square feet net floor area. One per 150 square feet net floor area. One per 50 square feet of interior and exterior patron area No parking required. Article 6 - Page 16

110 D. The following stacking requirements apply to any use that includes a drive-up facility: 1. A drive-thru lane shall be provided adjacent to the drive-up facility that contains adequate room for stacking of a minimum of seven vehicles; and 2. A by-pass lane shall be provided adjacent to the drive-thru lane; and 3. the drive-thru lane and by-pass lane shall not impact or block parking spaces. E. Parking islands with six-inch high curbs shall be required at the end of all parking rows. If bio-retention areas are proposed within the parking islands, the curbing requirements may be waived by the Planning Commission Administrator Pedestrian and Bicycle Flow Sites shall be designed to: A. Promote access for persons with disabilities in compliance with the Maryland Accessibility Code (MAC). B. Discourage pedestrians and vehicles from sharing the same pathways and provide for bicycle access. C. Indicate pedestrian walkways by a change in pavement surface and/or height and a narrowing of the travel lanes. (9/22/09) D. Provide dedicated pedestrian walkways between multiple buildings on a single site and from parcel line to parcel line along the road frontage. (9/22/09) E. For sites located within a Town Center, the location of such dedicated pedestrian walkways shall be in accordance with the Town Center Master Plan and shall be constructed in accordance with the requirements of the Town Center Zoning Ordinance, if specified. If standards are not specified in the Town Center Zoning Ordinance, the sidewalks shall be constructed in accordance with the Calvert County Road Ordinance. The Planning Commission or its designee may grant a reduction or waiver to this Section in the following instances: 1. If the pedestrian access will conflict with existing vehicular access; or 2. If the provision of the pedestrian access will require disturbance to streams and/or wetlands and their buffers Delivery Trucks and Trash Collection Vehicles A. Loading and unloading spaces for delivery trucks shall not block major pedestrian ways or create blind spots when trucks are loading and unloading. B. Trash boxes shall be accessible to collection trucks when all vehicle parking spaces are filled. See Section for screening requirements for trash or disposal areas. 6-5 LANDSCAPING Purpose A. Landscaping is required in order to: 1. promote attractive development; 2. protect and preserve the appearance and character of the surrounding area; and 3. help delineate vehicular and pedestrian passageways General Requirements A. Landscaping shall be installed within setbacks, around and within parking lots, and adjacent to buildings, as specified below. B. Native plants, indigenous to the Maryland region, shall be used for landscaping. The Department of Planning and Zoning maintains a list of native plants that are acceptable and appropriate for landscaping of sites. Article 6 - Page 19

111 C. Sites shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as initially approved. If any of the plant materials required on the site plan die or are seriously damaged, they shall be replaced so that the site remains in conformance with the approved site plan. Failure to maintain the site in accordance with the approved site plan shall constitute a Zoning Violation and shall be enforced in accordance with the provisions of Section 1-7 of this Ordinance. D. Bio-retention areas are encouraged and shall be considered to meet the landscaping requirements. If a stormwater management pond is proposed, it shall be integrated into the overall development and serve as a visual amenity to the site. E. Preservation of monument trees is encouraged. A monument tree is defined as: 1. a national, state or local champion tree; or 2. a tree having a diameter of at least 24 inches (measured at 4.5 feet above the ground); or 3. a tree having a diameter that is at least 75 percent of the diameter of the current state champion of that species (measured at 4.5 feet above the ground). See Sections B.2 and B.2.c for incentives for preservation of monument trees Landscaping Within Setbacks Along Rights-of-Way and Adjacent Property Boundaries A. The following trees and shrubs shall be planted within setbacks: 1. Shade trees at least two inches in caliper with a height of at least ten feet shall be planted every 40 linear feet along road rights-of-way and property boundaries that adjoin residential or agricultural properties or properties that have a non-compatible use. 2. Flowering trees at least 1.5 inches in caliper with a height of at least six feet shall be evenly spaced between shade trees every 40 linear feet along road rights-of-way and property boundaries that adjoin residential or agricultural properties or properties that have a non-compatible use. 3. At least two varieties of shrubs with a minimum height of one foot at time of planting shall be planted in clusters of at least three plants between trees. 4. In lieu of evenly spaced plantings as specified above, alternative landscaping plans utilizing the same number of plantings may be approved by the Planning Commission Administrator. 5. If proposed tree plantings conflict with pre-existing underground utility lines or overhead wires, the applicant shall propose an alternative landscaping plan utilizing the same number of plantings for approval by the Planning Commission Administrator. B. Exceptions: Farms shall be exempt from the above landscaping requirements. In addition, the Planning Commission Administrator may waive all or part of the above provisions in the following instances: 1. if the applicant demonstrates that the area within a setback is currently vegetated with at least as many trees and shrubs as that which would be required above; or Article 6 - Page 20

112 Road Names 2. The name assigned to a proposed right-of-way shall be the same name as that assigned to the right-of-way directly opposite it on an intersecting road unless the proposed right-of-way runs in a different direction. (See paragraphs 8 and 9 of this Section for exceptions.) 3. Any road name assigned by the Planning Commission to an existing or proposed right-of-way shall not be a duplicate name, either in sound or spelling, of any road name already existing in the County. 4. Road names selected by owners of premises fronting on existing or proposed rights-of-way must be approved by the Planning Commission to avoid duplicating road names. Proposed road names may be submitted to the Planning Commission by one of the following methods: a. A petition signed by more than 75 percent of those owning property on the road; or b. Selected names shown on a Road Name Request Form submitted with a preliminary subdivision plat. 5. A one-intersection circular road shall bear one name. 6. To maintain the hundred-block continuity within the Grid Address Numbering System, a circular road with more than one intersection may be designated "north" and "south" or "east" and "west" when its distance will encompass two or more hundred blocks. Examples: "Drafter Circle-West" and "Drafter Circle- East"; or "Park Turn-North" and "Part Turn-South". 7. Rights-of-way entering or leaving the County from either Anne Arundel County or the incorporated towns shall bear the same name. 8. Whenever an arterial road or historic right-of-way crosses the zero-grid hundred block (e.g., Solomons Island Road) within the Grid Address Numbering System, "north", "south", "east", or "west" may be designated as suffixes as it crosses the intersecting zero-grid right-of-way in order to distinguish between the same hundred block number on the arterial road or historic right-of-way. 9. Whenever local or collector roads cross the zero-grid hundred block within the Grid Address Numbering System, they shall bear different names when they cross the zero-grid hundred block intersecting rights-of-way to avoid duplicating blocks on the same named right-of-way. 10. When a choice is to be made between selection of "Avenue" versus "Street" as a suffix to a right-of-way, the following principles shall apply: rights-of-way going in a north-south direction may be called Avenues ; rights-of-way going in an east-west direction may be called Streets. 11. Project road names may be applied to non-dedicated private rights-of-way through apartment, commercial, industrial, or manufactured home complexes whenever the quantity of structures to be erected therein will duplicate existing or projected hundred blocks within the Grid Address Numbering System. 12. A right-of-way may be named after a family residing on the right-of-way if 75 percent of the owners along the right-of-way approve the proposed name. 13. Names selected for rights-of-way shall not exceed 12 letters and spaces, in order to maintain uniformity of County street signs. Article 10 - Page 7

113 Road Names E. Road Name Changes. 1. The name of any existing dedicated right-of-way in Calvert County may be changed by the Planning Commission upon the request of 75 percent of the owners of property fronting thereon at any time. 2. The persons seeking the change shall submit a request to the Planning Commission which shall be signed by more than 75 percent of the owners. 3. The petition shall include the legal description of all properties having frontage on the right-of-way and the current mailing address of each signer, and the proposed new name of the right-of-way. 4. The Planning Commission shall convene a public hearing on the request and shall give notice of the hearing by publication of the place, date and time of the hearing in a newspaper of general circulation in Calvert County at least once a week for two weeks before the hearing. Notice of the public hearing shall also be sent by U.S. Mail, First Class, Postage Prepaid to all property owners having frontage on the right-of-way. F. Principles of Road Naming. To eliminate unacceptable duplication of road names and to effect a uniform system of changing road names, the Planning Commission shall adhere to the following principles of road renaming procedures: 1. Whenever a dedicated, existing named right-of-way is relocated, the by-passed portion or portions shall be either renamed or the prefix, "old" added before the surname. However, if it is more practical and logical, the relocated portion or portions shall be renamed to avoid the necessity of changes for residents fronting on the by-passed portion or portions of the existing right-of-way, especially if they have previously had their address numbers changed and brought into the Grid Address Numbering System. 2. Existing numbered roads which do not conform to the Grid Address Numbering System hundred blocks shall be renamed when the hundred block on an intersecting right-of-way does not coincide with the numbered road. G. Public utility companies and interested Federal, State and County agencies shall be advised of road name changes. At a minimum, the Department of Planning and Zoning shall notify the following agencies: 1. Department of Planning and Zoning Premise Addressing staff (who shall in turn notify all property owners along the affected road). 2. Calvert County Control Center 3. Calvert County Department of Public Safety, Fire/Rescue/EMS Division 4. Calvert County Public Schools 5. Calvert County Board of Elections 6. Calvert County Department of Public Works (Engineering Bureau and Highway Maintenance Division) 7. Calvert County Department of General Services 8. Maryland State Highway Administration 9. Maryland Department of Assessments & Taxation Article 10 - Page 8

114 ARTICLE 12 DEFINITIONS Term (Date of Amendment) Definition Access A way or means of approach to provide physical entrance to a property. Accessory Apartment See: Apartment, Accessory to a Residence, or Apartment, Attached to a Business, or Apartment in a Mixed Use Building Accessory Building, Structure, or Use (3/25/08) Activities, Development A building, structure, or use on the same lot with, and of a nature customarily incidental to, a principal building, structure, or use. See: Development Activities Activities, Fisheries See: Fisheries Activities Activity, Agricultural See: Agricultural Activity Activity, Regulated See: Regulated Activity Adaptive Re-use A technique for leaving the outer shell of an old building intact and converting its interior to a more modern and profitable use. Address, Premise See: Premise Address Administrative Variance (06/10/08) Administrative Variance Officer (06/10/08) A modification of the setback requirements of this Zoning Ordinance granted by the Administrative Variance Officer in accordance with Section The Director of the Department of Planning & Zoning or another designee authorized by the Board of County Commissioners to grant administrative variances in accordance with Section 11-3 of this Zoning Ordinance. Adult Bookstore See: Entertainment Business, Adult Adult Cabaret See: Entertainment Business, Adult Adult Drive-in Theatre See: Entertainment Business, Adult Adult Entertainment Business Affordable Housing Agency See: Entertainment Business, Adult An agency organized for the purpose of developing residential housing for rental or ownership by residents having low and moderate incomes. These are defined as those below 80 percent of the median family income for the County. Further, to qualify as an Affordable Housing Agency, the agency must be established as a notfor-profit organization and meet Internal Revenue Service 5.01.C.3 criteria. Afforestation The creation of a biological community dominated by trees and other woody plants in an area that is not presently in forest cover Age-Qualified Resident Age-Restricted Housing Community An occupant of a dwelling unit in an Age-Restricted Housing Community who is fifty-five (55) years of age or older who occupies the dwelling unit as his or her primary residence. A residential subdivision, townhouse, or multi-family development consisting of 20 or more residential units intended and operated for occupancy by at least one person fifty-five (55) years of age or older per dwelling unit. Article 12 Page 1

115 Age-Restricted Housing Community Association Term (Date of Amendment) Age-Restricted Housing Community Association Age-Restricted Housing Community Covenants Agreement, Forest Conservation and Management Agreement, Maintenance Agricultural / Seafood / Livestock Processing Plant Definition Any Maryland non-stock corporation or unincorporated residential association, established in accordance with the Maryland Homeowners Association Act or the Maryland Condominium Act to administer the covenants in an Age-Restricted Housing Community. Those portions of the governing documents of an Association that impose age restrictive requirements. See: Forest Conservation and Management Agreement See: Maintenance Agreement A facility used for the handling, unloading, storing, shucking, freezing, preparing, changing into different market forms, manufacturing, preserving, packing or labeling of agricultural commodities or fish, shellfish and related products. Agricultural Activity Farming activities including plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, orchards, nursery, and other products cultivated as part of a recognized commercial enterprise. Agricultural Easement A non-possessory interest in land which restricts the conversion of use of the land, preventing non-agricultural uses. Agricultural Machinery, Service and/or Supplies Agricultural Preservation District Agricultural Support Building A facility designed for the maintenance and sale of goods related to farm machinery including tractors, plows, backhoes, balers, harrows, harvesters, manure spreaders, seeders, and similar machinery used directly in agricultural production. An area of prime agricultural or forestry land voluntarily placed in the Calvert County or Maryland State Agricultural Land Preservation Program, with approval of the Calvert County Agricultural Preservation Advisory Board and/or the Board of County Commissioners. A building other than a human residence necessary to sustain an agricultural activity. Agriculture The use of land for agricultural purposes, including farming, dairying, pasturing, cultivating, horticulture, floriculture, fish culture, animal and poultry husbandry, and the incidental processing of products raised on the premises, but excluding the raising or keeping of such animals as rats, mice, monkeys, snakes and the like for use in display or in medical or other tests or experiments. Agritourism The act of visiting working farms to engage in outdoor recreation, participate in educational experiences, or enjoy entertainment and hospitality services. Agritourism Enterprise Activities conducted on a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in a farm operation. Such activities include farm tours, hayrides, corn mazes, classes, and picnic facilities. Article 12 - Page 2

116 Agritourism Use Term (Date of Amendment) Definition Agritourism Use A commercial enterprise located on a working farm, and related to the activities on that farm, intended to attract tourists and provide supplemental income for the farm owner. Agritourism uses include, but are not limited to: fishing, hunting, wildlife study, horseback riding, wine tasting, harvest festivals, barn dances, farm stays, u- pick operations, or roadside stands. Airport or Landing Field Any location that is used for the landing or taking off of aircraft and which may or may not have facilities for the shelter, supply or care of aircraft. Alley A public or private right-of-way that connects two or more streets and is intended to provide access to the rear or side of a building or lot. It is intended for local traffic only. Alteration, Structural See: Structural Alteration Anadromous Fish Fish that travel upstream (from their primary habitat in the ocean) to freshwaters in order to spawn. Anadromous Fish Propagation Waters Those streams that are tributary to the Chesapeake Bay where spawning of anadromous species of fish (e.g., rockfish, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are designated by the Department of Natural Resources. For purposes of this Regulation "streams" refers to designated anadromous fish propagation waters within the Critical Area. Animal Husbandry The care and/or breeding of livestock on a farm and raised for sale or profit, including but not limited to the following animals: horses, cattle, sheep, swine, goats, bison, llamas, alpacas, rabbits, and poultry. Animals, Dangerous or Wild Animals that, by their very nature, are wild and potentially dangerous and, as such, do not adjust well to a captive environment, including but not limited to those considered by the State of Maryland to be wild or dangerous, such as: (i) fox, skunk, raccoon, or bear; (ii) Alligator or crocodile; (iii) Member of the cat family other than the domestic cat; or (iv) Any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies. (iv) Any poisonous snakes specifically in the family groups of Hydrophidae, Elapidae, Viperidae, or Crotolidae. Furthermore, reptiles greater than 6 feet in length shall be considered dangerous. Animals, Domestic See Pets, Household Animals, Exotic See Animals, Dangerous or Wild Animals, Furbearing, Commercial Raising See: Commercial Raising of Animals, Furbearing Animals, Structure for the Keeping of See: Structure for the Keeping of Animals (on non-farm properties) Article 12 Page 3

117 Antenna Term (Date of Amendment) Definition Antenna Any transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals. This definition includes omnidirectional (whip) antennas and panel antennas, and camouflaged or concealed antennas that are integrated into the architectural features of a building, such as church steeples. This definition does not include Satellite Dish Antennas (defined elsewhere). Antenna, Satellite Dish See: Satellite Dish Antenna Antennas, Pre- Existing See: Pre-Existing Towers and Pre-Existing Antennas Antiques Sales An establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period. All sales and storage occur inside a building. Apartment in a Mixed Use Building (9/22/09) Apartment, Accessory to a Residence (08/28/07) (9/22/09) Apartment, Attached to a Business (08/28/07) (3/25/08) A dwelling unit which functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping, and which is located in a Mixed Use Building. A second dwelling unit either within or added to a single-family detached dwelling, or in a separate accessory structure on the same lot as the principal dwelling, that functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping. A dwelling unit structurally attached to a business that functions as a complete, independent living facility with provisions for cooking, eating, sanitation, and sleeping. Appeals, Board of See: Board of Appeals Applicant Relative to the Forest Conservation Program, a person who: (a) is applying for: (i) subdivision approval, (ii) a grading or sediment control permit, or (iii) project plan approval if the applicant is a State or Local Agency; or (b) has received approval of a Forest Stand Delineation or Forest Conservation Plan. Approval, Preliminary See: Preliminary Approval Approved Forest Management Plan Aquaculture, Freshwater and Landbased A document: (a) approved by DNR's forester for Calvert County; and (b) which operates as a protective agreement for forest conservation as described in Natural Resources Article, (e) and (f), Annotated Code of Maryland. The culture of aquatic species under natural or artificial conditions in freshwater ponds, tanks, raceways or other freshwater impoundments. This definition excludes commercial seafood processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use. Article 12 - Page 4

118 Aquaculture, Marine/ Estuarine Term (Date of Amendment) Aquaculture, Marine/ Estuarine Definition The culture of salt-tolerant aquatic species under natural or artificial conditions in tidal waters and coastal ponds including, but not limited to: fish farming utilizing pens, tanks or impoundments; the culture of shellfish on the bay floor or stream or river beds, in cages, or suspended from structures in the water, and the culturing of aquatic plants. This definition excludes commercial seafood processing, packing and storage plants. When aquaculture is clearly accessory to other land uses such as raising fish on the same site in conjunction with recreational uses, or for personal, noncommercial purposes, it shall be subject to zoning ordinance requirements for the principal use. Arcade An establishment where more than four coin-operated amusement machines are available to the public. Archaeological A site or object that has been identified by applicable County, State or Federal Resource agencies as having significance for understanding our heritage. (9/22/09) Area, Buildable See: Buildable Area Area, Common See: Common Area Area, Concentration, Historic Waterfowl Staging and See: Historic Waterfowl Staging and Concentration Area Area, Critical See: Critical Area Area, Critical Habitat See: Critical Habitat Area Area, Designated Agricultural Area, Forest Preservation See: Designated Agricultural Area See: Forest Preservation Area Area, Forest Retention See: Forest Retention Area Area, Habitat Protection Area, Institutional Development See: Habitat Protection Area See: Institutional Development Area Area, Loading See: Loading Area Area, Natural Heritage See: Natural Heritage Area Area, Net Tract See: Net Tract Area Area, Outdoor Retail Commercial Sale or Display See: Outdoor Retail Commercial Sale or Display Area Area, Sign See: Sign Area Area, Useable Waterway See: Useable Waterway Area Areas, Bio-Retention See: Bio-Retention Areas Article 12 Page 5

119 Areas, Patron Term (Date of Amendment) Definition Areas, Patron See: Patron Areas Areas, Significantly Eroding Areas, Water and Sewer Service See: Significantly Eroding Areas See: Water and Sewer Service Areas Art Gallery Premises used principally for the sale, display and exhibition of arts and craft products and may include accessory production or instruction in the production of arts and crafts using paint, clay, fabric or other media. Arterial Road A road with controlled access, channelized intersections, restricted parking, and which collects and distributes traffic to and from collector roads. Artisans and Crafters See: Market, Artisans and Crafters Market Asphalt Plant An establishment in which a homogeneous product commonly referred to as asphalt, and intended mainly for the coating of roads, is manufactured from bituminous asphalt and other aggregate material. Assemblies, Public, on See: Public Events/Public Assemblies on Farmland Farmland Assisted Living Facility A group home with more than 16 residents that provides housing and supportive services, including health-related services, in a home-like environment. Association, Age- See: Age-Restricted Housing Community Association Restricted Housing Community Attached (1) Physically joined together by a wall or breezeway; (2) sharing a wall with another building; (3) not freestanding. Auction Building A place where auctions are held. Merchandise to be auctioned may be stored and displayed prior to the auction. This definition does not include Livestock Auction Barns. Automobile A self-propelled free-moving vehicle, with four or more wheels, primarily for conveyance of a driver and passengers on a street or roadway. See Motor Vehicle. Automobile Filling Station Automobile Filling Station with Convenience Store and/or Eating Establishment Automobile Parking Lot/Garage as a Principal Use A building or lot having pumps and storage tanks at which automotive fuels, oils, and/or accessories are dispensed, sold or offered for sale at retail. An Automobile Filling Station that includes a building that is used for retail sales of packaged or prepared food, beverages, lottery tickets, tobacco products, and limited stock of groceries or similar products for the traveling public or neighborhood residents. May include automotive fuel dispensing services and an eating establishment without a drive-up facility. A public or private area other than a street or public right-of-way, used for the temporary storage (parking) of operable passenger automobiles and commercial vehicles, and available either for compensation, or free. Article 12 - Page 6

120 Automobile Parts Dismantling and/or Storage Term (Date of Amendment) Automobile Parts Dismantling and/or Storage Automobile Repair/Service Shop without fuel sales Definition Any premises used for the dismantling or wrecking of motor vehicles and trailers including premises used in the storing, keeping, buying, selling, or dealing in dismantled wrecked, inoperative or disabled vehicles or integral parts of component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles and trailers, or parts thereof. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop while waiting for repair. Any building or lot used for automobile repair and/or bodywork and which may have automobile servicing, but not the sale of fuels. Automobile Sales See Motor Vehicle Dealership Awning A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. Awning Sign A sign that is either attached to, affixed to, or painted on an awning or canopy. (9/22/09) Banner (9/22/09) Banquet Hall, Commercial or Non- Profit A sign constructed of lightweight fabric material and designed to be attached at both ends. See: Commercial or Non-Profit Meeting Hall, Banquet Hall Barren Land Unmanaged land having sparse vegetation. Bed & Breakfast Facility A residence where paying guests are lodged overnight and breakfast is the only meal served to overnight guests. Bedroom A private room planned and intended for sleeping, separable from other rooms. Best Management Practices (BMPs) Berm A mound of earth. Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application measures. Bingo Hall See: Recreation Facility, Indoor Commercial: Bingo Hall Bio-Retention Areas (1) Landscape features adapted to treat stormwater runoff on the development site. They are commonly located in parking lot islands or within small pockets in residential land uses. Surface runoff is directed into shallow, landscaped depressions that contain a combination of materials such as mulch, prepared soil, gravel, and plants that act as a surface water filter. These depressions are designed to incorporate and mimic many of the pollutant-removal mechanisms in a forested ecosystem. (2) A water quality practice that utilizes landscaping and soils to treat urban stormwater runoff by collecting it in shallow depressions before filtering through a fabricated planting soil media. Article 12 Page 7

121 Birds, Colonial Nesting, Water Term (Date of Amendment) Birds, Colonial Nesting, Water Birds, Forest Interior Dwelling Definition See: Colonial Nesting Water Birds See: Forest Interior Dwelling Birds Board of Appeals The Board of Appeals of Calvert County. Board, Forest Conservancy District Boarding House or Dormitory (9/22/09) See: Forest Conservancy District Board Boarder A non-transient individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. A dwelling or part thereof, in which the owner or operator provides lodging and meals to more than three boarders. Boat Dealership The use of any building, land area or other premise for the sale, exchange, rental, or lease with option to purchase, of more than two new or used watercraft per year. Boat Launch Ramp An inclined surface or roadway connecting the shore to an adjacent waterway. Boat Service and/or Repair Boat Storage, Commercial A facility designed for the maintenance of watercraft and watercraft-related accessories including engines, hulls, masts, trailers, and sails. A facility designed for the keeping of watercraft and associated trailers for a fee. Boatel A combination of a motel and marina which is accessible to boats as well as automobiles and may include boat sales and servicing facilities, has overnight accommodation for transients and may have eating and drinking facilities. Boathouse A building in which boats are kept. Breezeway A roofed, open-sided passageway connecting two structures. Brewery, Farm See: Farm Brewery Buffer, Front Roadway See: Front Roadway Buffer Buffer, Stream See: Stream Buffer Buffer, Wetlands See: Wetlands Buffer Buildable Area The area of a lot remaining after the minimum yard, sensitive area, and open space requirements of the Zoning Ordinance have been met. Buildable Lot (08/28/07) A lot approved by the Health Department and Planning Commission that meets the size, density, dimensions and other requirements of this Ordinance, and has, in addition to the required legal right-of-way, a completed road constructed to standards established in the Calvert County Road Ordinance. Article 12 - Page 8

122 Buildable Residue (12/09/06) Term (Date of Amendment) Buildable Residue (12/09/06) Definition The portion of a buildable lot remaining as a result of the creation of one or more buildable lots by way of a subdivision plat approved by the Planning Commission and recorded among the land records of Calvert County, which meets Health Department requirements and meets the size, dimension, and other requirements of this Ordinance. Building A structure, not including a tent or trailer, having a roof, and supported by permanent columns or walls on the ground and used for shelter or enclosure of persons, animals or property of any kind. Building Coverage The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. Building Façade The principal face or front elevation of a building. (9/22/09) Building Footprint (9/22/09) That portion of the ground covered by a building or structure at the surface level, measured on a horizontal plane. Building Height The maximum vertical distance of a building or structure as measured from the average elevation of the finished grade at the front of the building facing the street to the highest point of the roof. Building Permit Written permission issued by the Division of Inspections and Permits for the construction of a new structure or repair, alteration or addition to an existing structure. Building Restriction Line A line established by this Ordinance beyond which the foundation wall and/or porch, vestibule, deck, retaining wall, or other portion of a building or structure shall not project or extend. Stoops, entryways or roof overhangs (which do not contain living space), chimneys, sidewalks, heating and air conditioning units, and patios that are not elevated above ground level are excluded from building restriction line requirements. Building, Accessory See: Accessory Building or Use Building, Agricultural Support See: Agricultural Support Building Building, Auction See: Auction Building Building, Farm See: Farm Building Building, Public or Governmental Building, Retail Commercial Building, Retail Commercial, with Drive-up Facility Build-to Line (9/22/09) See: Public or Governmental Building See: Retail Commercial Building See: Retail Commercial Building with Drive-up Facility A Building Restriction Line established a specific distance from a right-of-way to a line along which the front of a building must be constructed. Bulkhead A wall or an embankment along a waterfront that acts as a protective barrier. Article 12 Page 9

123 Bus Lot or Garage Term (Date of Amendment) Definition Bus Lot or Garage Location where more than one commuter, school or charter bus is parked or garaged. Bus Shelter A small, roofed structure, having from one to three walls, located near a street, and designed primarily for the protection and convenience of bus passengers. Business, Farm See: Farm Support Business Support Caliper of a Tree The diameter measured at two inches above the root collar. Campground and/or Recreational Vehicle Camp, Non-Farm A lot, parcel or tract of land, together with the open space and sanitary facilities used or designed to accommodate two or more recreational vehicles, tents, or similar temporary accommodations, including all buildings, structures and appurtenances used or intended as part of such recreational vehicle camp, whether or not a charge is made for use of the camp and/or its facilities. (Automobile or manufactured home sales lots, on which unoccupied vehicles are parked for inspection and sale, are not included in this definition.) Campground, Farm An area of a farmland where tent campsites are rented or leased or held out for rent or lease for the use of camping parties. Canoe or Kayak A waterfront site where canoes and kayaks are launched into the water for a fee. Launching Site, Commercial Car Wash Mechanical or self-service facilities for the washing and/or waxing of motor vehicles. Carnival, Fair or Circus, Temporary A traveling or short-term enterprise which entertains the public by the provision of performances such as feats of skill or daring by humans or animals, and/or amusement rides, exhibitions, or games, and/or food and beverage stands. Amusement ride means a mechanical device that carries passengers along, under, around, through or over a fixed course, or within a limited area, for the amusement of the passengers, and includes but is not limited to a merry-go-round or ferris wheel. Carry-out Restaurant See: Eating Establishment Cemetery or Memorial Garden A place used for the permanent interment of dead human or animal bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination of two or more. Center, Child Care See: Day Care Center Center, Convention See: Convention Center Center, Day Care See: Day Care Center Center, Fitness See: Recreation Facility, Indoor Commercial: Fitness Center Center, Garden See: Garden Center or Farm Supply Store Center, Home Improvement See: Home Improvement Center Center, Shopping See: Shopping Center Article 12 - Page 10

124 Certificate of Occupancy Term (Date of Amendment) Certificate of Occupancy Definition See: Use And Occupancy Permit Champion Tree The largest tree of its species within the United States, the State, county, or municipality. Champion Tree of the A tree which appears in the list of State Champion Trees. State Child Care Center See: Day Care Center Chimney A structure containing one or more flues for drawing off emissions from stationary sources of combustion. Church See: Place of Worship Circumstances, Extenuating See: Extenuating Circumstances Clearcutting The removal of an entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut, from advanced regeneration or stump sprouts, or from planting of seeds or seedlings by man. Clearing The process of cutting or removing trees, ground cover, and/or stumps, with or without removal of the associated roots, Clearing, Selective See: Selective Clearing Cliff A high steep face of l0 feet or higher from the toe of the slope with a slope in excess of 50 percent either vegetated or non-vegetated adjacent to the Chesapeake Bay, Patuxent River, and their tidal tributaries within Calvert County. Club A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws. Club, Horseback- See: Commercial or Non-Profit Stable or Horseback-Riding Club Riding, Commercial or Non-Profit Cluster Subdivision A form of development for single-family residential dwellings that permits a reduction in lot area requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space. Collector Road A road which collects and distributes traffic to and from other roads with access as a secondary function. College or University An institutional facility for tertiary or higher levels of education. Co-Location Placing more than one antenna on one physical structure (tower or building) at one location. Colonial Nesting Water Birds Herons, egrets, terns, and glossy ibis. For purposes of nesting, these birds colonize in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances. Article 12 Page 11

125 Commercial Fuel Storage Business Term (Date of Amendment) Commercial Fuel Storage Business Commercial Greenhouse, Retail Commercial Greenhouse, Wholesale Commercial Kennel with indoor facilities only Commercial Kennel with outdoor facilities Commercial Kitchen (not associated with an Eating Establishment) Commercial Kitchen, Farm Commercial or Non- Profit Meeting Hall, Banquet Hall Commercial or Non- Profit Stable or Horseback-Riding Club Definition A facility designed for bulk fuel storage for resale. Fuels include but are not limited to liquid natural gas, propane, fuel oils, alcohol fuels, gasoline, and diesel. The sale and/or rental of tanks may be an accessory use. A structure or building made with translucent or light transparent walls conducive to plant growth, in which plants, vegetables, and flowers are grown for retail sale. A structure or building made with translucent (light transparent) walls conducive to plant growth, in which plants, vegetables, and flowers are grown for wholesale purposes only. An establishment in which household pets are kept or boarded for a fee entirely within an enclosed structure. An establishment in which household pets are kept or boarded for a fee where outdoor facilities such as runs, pens, and walking areas are provided. A food preparation facility not associated with an eating establishment used for the preparation of foods for sale for human consumption off-site. A food preparation facility not associated with an eating establishment used for the preparation of foods for sale for human consumption located on a farm. May be attached to a farm stand. Any structure maintained, in whole or in part, for public rental for the purpose of private party events, whether family, group, or corporate in nature, where access by the general public is restricted, and with or without the sale, serving or consumption of alcoholic beverages and food. An establishment in which horses are kept, trained, boarded, handled, or ridden for a fee. Commercial Performing Arts Studio See: Recreation Facility, Indoor Commercial: Studio, Performing Arts Commercial Pier A pier used for commercial purposes such as chartering fishing boats, selling gas, etc. Commercial Raising of Animals, Dangerous or Wild Commercial Raising of Animals, Fur-bearing The production for commercial purposes of any creature defined as dangerous or wild by this Ordinance (See: Animals, Dangerous or Wild). The production of fur-bearing animals other than livestock or household pets for commercial purposes, such as breeding stock or for the reclamation of pelts. Article 12 - Page 12

126 Commercial Recycling Facility Term (Date of Amendment) Commercial Recycling Facility Definition An establishment that accepts, stores and processes reusable materials from commercial operations including, but not limited to, glass, plastics and synthetic materials, paper products (such as newspapers, stationery, scrap paper, computer paper and corrugated cardboard), rubber, batteries, ferrous and nonferrous metals, concrete, asphalt, wood and building materials, and tree wastes, but not including yard waste or mixed municipal solid waste. Processing includes, but is not limited to, bailing, briquetting, crushing, compacting, grinding, shredding, sawing, shearing and sorting of recyclable materials and the heat reduction of such materials but does not include incineration for any purpose. Commercial Sawmill See: Sawmill, Commercial Commercial Studio See: Recreation Facility, Indoor Commercial: Studio Commercial Timber Harvesting Commercial Trade or Business School A commercial operation that alters the existing composition or profile, or both, of a forest, leaving the root mass intact, including all commercial cutting operations done by companies and private individuals for the sale of forest products. A building or land where instruction is given to pupils in professional trades or business and operated as a commercial enterprise as distinguished from schools endowed and/or supported by taxation. Includes schools for general licensure such as drivers, cosmetology, real estate, commercial driver, and other licenses. Commission The Calvert County Planning Commission. Common Access Drive An access area, measuring between 50 feet 75 feet wide by between 50 feet and 75 feet long, commonly owned by adjoining lot owners created to provide access to lots. Common Area An area of land within a residential community that is reserved and designated for the use of the residents of the community. Communications Tower, Commercial or Governmental Communications Tower, Monopole Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar commercial and/or public communications purposes, including self-supporting lattice towers, guyed towers, monopole towers, or camouflaged towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. This definition includes, but is not limited to, the following specific types of towers: a. Camouflaged Tower. Man-made trees, flagpoles, clock towers, bell towers, light poles and similar alternative-design towers that camouflage or conceal the presence of antennas or the tower itself. b. Guyed Tower. A monopole or lattice tower that is supported by cables. c. Lattice Tower. A self-supporting tower with multiple legs and cross-bracing of structural steel. d. Monopole Tower. A tower that is self-supporting with a single shaft of wood, steel, concrete or other construction material and a platform for panel antennas. A self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more antennas for transmitting or receiving radio, mobile telephone communications or electromagnetic waves. Article 12 Page 13

127 Communications Tower, Private/Not-For-Profit Term (Date of Amendment) Communications Tower, Private/Not- For-Profit Communications, Wireless Definition Any structure whose primary purpose is to support one or more antennas or to serve as an antenna itself for transmitting or receiving radio or electromagnetic waves for private/not-for-profit use. This term includes lattice-type structures, either guyed or self-supporting, monopoles, and camouflaged towers. See: Wireless Communications Community Pier A pier, dock or wharf, including pilings, and other such facilities used for the wet storage of watercraft owned by property owners (or tenants) of lots in the subdivision where the community pier is located. Private piers are excluded from this definition. Community, Age- See: Age-Restricted Housing Community Restricted, Housing Community, Manufactured Home See: Manufactured Home Community Commuter Parking Lot An area for the temporary storage (parking) of operable passenger automobiles that is designated for use by persons commuting to and from their place of employment and may be used for commuter bus connections and/or ridesharing or carpooling. Includes park and ride lots. Compatible Use (9/22/09) A use that is of the same nature as surrounding uses, the characteristics of which allow it to be located near or adjacent to other uses in harmony and without adversely affecting surrounding uses. Comprehensive Plan A document prepared by the Planning Commission and approved by the Board of County Commissioners setting forth policies for the future of Calvert County. It is the result of considerable study and analysis of existing physical, economic, and social conditions, and a projection of future conditions. It serves as a guide for many public decisions, especially land-use changes and preparation of capital improvements programs, and the enactment of zoning and related growth management legislation. Comprehensive Rezoning A process that assigns a zoning category to every property in a defined area at the same time, as a result of adoption of a new comprehensive plan or amendment to an existing Comprehensive Plan. Concept Plan A general map of a development proposal that shows existing site conditions (including topography, structures, surrounding land uses, etc.) and the proposed land use, size of the development, general layout of structures and streets, lots and utilities. Conditional Use A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance. Condominium A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Conservation Easement A non-possessory interest in land which restricts the manner in which the land may be developed in an effort to preserve or manage natural resources. Article 12 - Page 14

128 Conservation, Forest Term (Date of Amendment) Definition Conservation, Forest See: Forest Conservation Conservation, Species in Need of Construction, Substantial See: Species in Need of Conservation See: Substantial Construction Convention Center A facility in a completely enclosed building used for corporate, trade and professional meetings, training seminars, trade shows and/or exhibition of products and technology and that may include supporting dining, lodging and recreational facilities as accessory uses. Conventional Lot Density The maximum number of lots that may be created from a property after subtracting wetland acres and after factoring any exception lots for which the property may be eligible. Corner Lot A lot abutting upon two or more roads (not including alleys) at their intersection. Corniced Parapet (9/22/09) A horizontal molded projection coupled with a low wall on the edge of a roof designed to screen the roof and/or equipment that may be on the roof. Corporate Headquarters An office or complex of offices serving as the primary head office of a commercial or industrial corporation. Corridor, Wildlife See: Wildlife Corridor County Calvert County, Maryland. Covenant, Restrictive See: Restrictive Covenant Covenants, Age- Restricted Housing Community See: Age-Restricted Housing Community Covenants Cover Crop The establishment of a vegetative cover to protect soils from erosion and to restrict pollutants from entering the waterways. Cover, Forest See: Forest Cover Coverage, Building See: Building Coverage Crematorium A building or portion of a building that houses the necessary equipment and facilities for the cremation of human or animal remains. Article 12 Page 15

129 Critical Area Term (Date of Amendment) Definition Critical Area All lands and waters defined in Section of the Natural Resources Article, Annotated Case of Maryland. They include: all waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland; all land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article, Annotated code of Maryland; and modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Critical Area Commission as specified in Section of the Natural Resources Article, Annotated Code of Maryland. Critical Area Buffer An existing naturally vegetated area, or an area established in vegetation and managed to protect aquatic, wetlands, shoreline, and terrestrial environments from man-made disturbances. Critical Habitat Area A critical habitat for an endangered species and its surrounding protection area. A critical habitat area shall: (a) Be likely to contribute to the long-term survival of the species; (b) Be likely to be occupied by the species for the foreseeable future; and (c) Constitute habitat of the species which is considered critical under Natural Resources Article, 4-2A-04 and 10-2A-06, Annotated Code of Maryland. Critical Habitat for Endangered Species A habitat occupied by an endangered species as determined or listed under Natural Resources Article, 4-2A-04 and 10-2A-04, Annotated Code of Maryland. Crop, Cover See: Cover Crop Crops, Field See: Field Crops Cutoff A luminaire light distribution where the candela per 1000 lamp lumens does not numerically exceed 25 (2.5%) at an angle 90 above nadir, and 100 (10%) at a vertical angle of 80 above nadir. This applies to all lateral angles around the luminaire. Cutoff, Full See: Full Cutoff Dance Hall See: Tavern, Nightclub, Lounge, Dance Hall Day Care Center An establishment enrolling four or more clients and where tuition, fees, or other forms of compensation for the care of the clients may be charged, and which is licensed. Day Retreat See: Retreat, Day Dealer, Manufactured Home See: Manufactured Home Dealer Dealership, Boat See: Boat Dealership Dealership, Motor Vehicle See: Motor Vehicle Dealership - New or Used Article 12 - Page 16

130 Declaration of Intent Term (Date of Amendment) Definition Declaration of Intent A document which is a signed and notarized statement by a landowner or the landowner's agent certifying that the activity on the landowner's property: (a) Is for certain activities exempted under the Calvert County Forest Conservation Program; (b) Does not circumvent the requirements of this Program; and (c) Does not conflict with the purposes of any other declaration of intent. Deed A legal document conveying ownership of or interest in real property. Delineation, Forest See: Forest Stand Delineation Stand Density The number of dwelling units (excluding accessory apartments) per unit of land. Density, Conventional See: Conventional Density Department (Deleted 10/5/93). Designated Agricultural Area An area of the County identified by the Agricultural Preservation Advisory Board as having strong potential for maintaining a viable level of agricultural or forestry production. Developed Woodlands Those areas of 1,000 square feet or more in size which predominantly contain trees and natural vegetation and which also include residential, commercial, or industrial structures and uses. Developer Any individual(s), partnership, firm, corporation, public housing authority, or agent therefor, that undertakes or participates in the establishment or development of a subdivision or parcel of land. Development Any activity, other than normal agricultural and/or forestry activity, which materially affects the existing condition or use of any land or structure. Development Project Relative to the Forest Conservation Program, the grading or construction activities occurring on a specific tract that is 20,000 square feet or greater and would include redevelopment. Development Project Completion Development Right, Transferable For the purposes of managing afforestation, reforestation or payment into a fund: (a) The release of the development bond, if required; (b) Acceptance of the project's streets, utilities, and public services by the local authority; or (c) A designation by the State or local authority that (i) Development project has been completed, or (ii) Particular stage of a staged development project, including a planned unit development, has been completed. See: Transferable Development Right (TDR) Development, Phased See: Phased Development Direction, Road See: Road Direction Directional Sign See: Off-Premise Directional Sign or On-Premise Directional Sign Displays, Heritage Trail See: Heritage Trail Displays Article 12 Page 17

131 Distillation of Alcohol as a Fuel Term (Date of Amendment) Distillation of Alcohol as a Fuel Definition The fermentation and other refinement of grains and/or other biomass for the production of liquid fuel. Does not include the capture/reclamation of methane from agricultural and/or commercial operations. Distillery, Farm See: Farm Distillery District A portion of the territory of Calvert County within which certain regulations and requirements or various combinations thereof shall apply under the provisions of this Zoning Ordinance. District, Agricultural See: Agricultural Preservation District Preservation District, Overlay See: Overlay District Disturbance The clearing or other alteration of the vegetative cover and/or grade of any portion of a property. Dock, Pier, Private Any marine structure, fixed or floating, generally referred to as a pier, dock or wharf, including pilings, and other such facilities, used for storage of watercraft owned by and registered to the owner and/or tenant of the property from which the facility extends. Documented Breeding Bird Areas Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques. Domain, Eminent See: Eminent Domain Dominated, Nature See: Nature-Dominated Double-Frontage Lot A lot having frontage on two non-intersecting roads (not including alleys) or nonintersecting portions of the same road. Drainage Easement An easement for the installation of stormwater sewers or drainage ditches, and/or for the preservation or maintenance of a natural stream or watercourse or other drainage facility. Drive, Common See: Common Access Drive Access Drive-in Restaurant See: Drive-Up Facility, Accessory Drive-in Theater An open lot with its appurtenant facilities devoted primarily to showing motion pictures on a paid admission basis to patrons seated in automobiles. Drive-up Facility, Accessory (9/22/09) A structure which is designed to accommodate patrons motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business. Driveway A private area providing access for vehicles to a parking space, dwelling, garage, or other structure. Dump See: Sanitary Landfill Dwelling Unit (9/22/09) One or more rooms forming a single habitable unit with facilities for living, sleeping, cooking and sanitation. Note: For purposes of these regulations, manufactured homes containing dwelling units are subject to special regulations as described in this Ordinance. Article 12 - Page 18

132 Dwelling Unit, Multi-family Term (Date of Amendment) Dwelling Unit, Multifamily Dwelling, Attached: Duplex, Triplex, Fourplex, or Townhouse (9/22/09) Dwelling, Attached: Multi-Family (9/22/09) Dwelling, Attached: Single-Family Dwelling, Detached: Single-Family Dwelling, Single- Family Definition One or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two such dwelling units. Attached dwelling units, separated by a vertical division wall, each of which has direct access to the ground level. The first floor enclosed living area is on the ground level, or may be elevated above the dwelling unit s private parking or storage space on the ground level. These units do not have horizontal separation from any other residential unit (See: Dwelling, Attached: Multi-family), or attachment to any non-residential use or parking garage (See: Mixed Use Building or Mixed Use Development). A residential building containing two or more attached dwelling units with horizontal separation between any of the dwelling units. A residential building on a permanent foundation containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other. The term is intended primarily for such dwelling types as townhouses, duplexes, triplexes and fourplexes. A single-family dwelling which is not attached to any other dwelling. A residential building on a permanent foundation, containing one dwelling unit occupied by one family; this definition does not include manufactured homes or recreational vehicles. Easement A grant by the property owner of the use of his land by another party for a specific purpose. Easement, Agricultural See: Agricultural Easement Easement, Conservation See: Conservation Easement Easement, Drainage See: Drainage Easement Eating Establishment with Drive-up Facility Eating Establishment with No Outdoor Patron Area (9/22/09) Eating Establishment with Outdoor Patron Area (9/22/09) Deleted 9/22/09. See: Drive-up Facility, Accessory A public eating place that serves food for consumption at tables or counters located entirely within a structure on the premises, or by carry-out or delivery. This term shall include but not be limited to, an establishment known as a cafeteria, delicatessen, café, smorgasbord, diner or similar business where the sale of alcohol constitutes less than 50 percent of the total sales. A public eating place that serves food for consumption at tables or counters located on the premises (either indoors or outdoors), or by carry-out or delivery. This term shall include but not be limited to, an establishment known as a cafeteria, delicatessen, café, smorgasbord, diner or similar business where the sale of alcohol constitutes less than 50 percent of the total sales. Article 12 Page 19

133 Eating Establishment without Drive-up Facility Term (Date of Amendment) Eating Establishment without Drive-up Facility Definition Deleted 9/22/09 Ecosystem A more or less self-contained biological community together with the physical environment in which the community's organisms occur. Ecotourism The act of traveling to learn about and explore the agricultural, scenic, natural, and historic features of an area or region. Ecotourism Enterprise Activities conducted on a property and offered to the public or to invited groups for the close observation of nature. Uses include, but are not limited to, bird-watching, walking trails, and fishing ponds. This use does not include motorized activities except to provide for handicapped access. Ecotourism Use A commercial enterprise located in an agricultural or preservation area intended to attract tourists and provide supplemental income for the property owner. Ecotourism uses include, but are not limited to: nature trails, canoeing, fishing, wildlife observation, and birding. Elementary or Secondary School An educational facility that typically includes pre-kindergarten through twelfth grades. Elevator, Grain See: Grain Elevator Eminent Domain The authority of a government to take, or to authorize the taking of, private property for public use when it is in the public interest and the taking has been justly or fairly compensated. Endangered Species Any species of fish, wildlife, or plants which have been designated as such by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the State's resources are determined to be in jeopardy. This includes any species determined to be an "endangered" species pursuant to the federal Endangered Species Act. Enterprise, See: Agritourism Enterprise Agritourism Enterprise, Ecotourism See: Ecotourism Enterprise Article 12 - Page 20

134 Entertainment Business, Adult Term (Date of Amendment) Entertainment Business, Adult Environmental Impact Statement Definition Enterprises that provide activities characterized by live, closed circuit, or reproduced material, including print, audio, and audiovisual media, that has an emphasis on nudity and/or sexual activity and/or sexual stimulation. Adult entertainment businesses include but are not limited to the following types of establishments: adult bookstores, adult theaters, adult arcades, adult cabarets, gentlemen s clubs or shows, strip clubs or shows, burlesque clubs or shows, adult paraphernalia shops, and other establishments which feature a combination of activities or merchandise described above which collectively make up a substantial or significant portion of the establishment's activities or merchandise. The term adult entertainment business also includes other uses similar to the uses listed above, presenting material for patrons to view (live, closed circuit or reproductions using all types of media), and/or purchase or rent, a substantial portion of which is characterized by an emphasis on nudity and/or sexual activity and/or sexual stimulation, and limiting entrance to patrons who are over 18 years of age. A statement providing the information needed to evaluate the effect of a proposed development project upon aspects of the environment specifically identified by the reviewing body as areas of concern, such as air quality, water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, traffic circulation, aesthetics, history and archeology. An Environmental Impact Statement includes an inventory of existing environmental conditions which relate specifically to the areas of concern identified by the reviewing body, an assessment of the probable impact of the project upon these areas of concern, a listing of adverse impacts which can not be avoided, a statement of steps the applicant proposes to take to minimize adverse impacts during construction and operation, and a statement indicating whether there are alternatives which might further minimize adverse impacts. Ephemeral Stream A stream that has periodic flow, but requires a storm event to have flow. There is no connection to groundwater. Equipment Shelter An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which are housed equipment for personal wireless service facilities, such as batteries and electrical equipment. Equipment shelters are sometimes referred to as base transceiver stations. Establishment, Retail See: Retail Commercial Establishment Commercial Estate Sale See: Garage Sale, Yard Sale or Estate Sale Events, Public, on See: Public Events/Public Assemblies on Farmland Farmland Exception lot A bonus density lot enabled by zoning ordinances on or before October 21, 1974 which may affect the conventional lot density of a property. Exception, Special See: Special Exception Article 12 Page 21

135 Excess Stormwater Run-off Term (Date of Amendment) Excess Stormwater Run-off Extenuating Circumstances Definition All increases in stormwater resulting from: (a) An increase in the imperviousness of the site, including all additions to buildings, roads, and parking lots; (b) Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas; (c) Alteration of drainageways, or regrading of slopes; (d) Destruction of forest; or (e) Installation of collection systems to intercept street flows or to replace swales or other drainageways. Conditions requiring extension of a set time limit to: process an application; render a decision; or conduct a public hearing. FAA The Federal Aviation Administration. Facilities, See: Transportation Facilities Transportation Facilities, Utility Transmission Facilities, Water- Dependent Facility, Assisted Living Facility, Bed & Breakfast See: Utility Transmission Facilities See: Water-Dependent Facilities See: Assisted Living Facility See: Bed & Breakfast Facility Facility, Marine See: Marine Facility Facility, Research & Development Family Conveyance Subdivision See: Research & Development Facility Fall Zone The area on the ground within a prescribed radius from the base of a tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material. A single-family residential development within which lots are designated to be conveyed only to family members of lineal descent or ascent, being parent, child, grandchild or grandparent of the grantor. Family, Immediate See: Immediate Family Farm Property receiving agricultural use assessment from the Maryland Department of Assessments and Taxation. Farm Brewery An establishment for the manufacture of malt liquors, such as beer and ale, using grains such as oats, hops, wheat and barley produced on the farm on which the farm brewery is located. Farm Building A structure, other than a dwelling, accessory to the principal uses of the farm. Farm Distillery A facility located wholly on a farm designed for the distillation of grains and fruits produced primarily on the farm into alcoholic beverages. Farm Stand A seasonal or year-round facility located on a farm that specializes in the sale of produce, including value-added agricultural products, nursery products, and other agricultural goods. Article 12 - Page 22

136 Farm Support Business Term (Date of Amendment) Farm Support Business Farm Winery (05/12/09) Farm, Tree (9/22/09) Definition An enterprise on a farm that is clearly and directly related to the practice of farming. Services include, but are not limited to, blacksmithing, farrier, farm implement repair, agricultural pest service, fertilizer service, irrigation installation service, and greenhouse construction and installation. An establishment located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner manufactures wine and/or pomace brandy from fresh fruits or other agricultural products as allowable by state law. The operation of timber tracts, tree farms, forest nurseries, and the gathering of forest products. Farmers' Market See: Market, Farmers Fast-Food Restaurant See: Eating Establishment FCC The Federal Communications Commission. Features, Natural See: Natural Features Features, Physiographic See: Physiographic Features Field Crops Agricultural plant commodities traditionally grown and harvested in open land including, but not limited to, grains, vineyards, orchards, vegetables, legumes, and tobacco. Field, Landing See: Airport Filling Station, Automobile See: Automobile Filling Station Final Subdivision Plat A master drawing of all or any portion of the subdivision, prepared in accordance with the approved Preliminary Subdivision Plan, which is to be recorded in the official Plat or Land Records of Calvert County. Fire and/or Rescue Service An institutional facility that functions as a dispatch for fire and/or rescue services and which houses related equipment and/or personnel. Fish, Anadromous See: Anadromous Fish Fisheries Activities Commercial Water Dependent fisheries facilities including structures for the packing, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians and reptiles and also including related activities such as wholesale and retail sales, product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquaculture operations. Fixture, Outdoor Light See: Outdoor Light Fixture Flag (9/22/09) Flag Lot (11/18/97) Any fabric material attached to or designed to be flown from a flagpole or similar device. A lot having access to a public or private right-of-way only by a narrow strip of land held in fee simple ownership. Flea Market See: Market, Flea and Market, Flea, by a Non-Profit Organization Article 12 Page 23

137 Flex Space Business Term (Date of Amendment) Definition Flex Space Business A commercial enterprise consisting of a combination of uses by a single company in an individual or multi-tenant building. Uses may include a mix of office, retail, showroom, assembly, warehouse, laboratory or light manufacturing. Float Any floating structure normally used as a point of transfer for passengers and goods from boats and/or for mooring purposes. Floating Homes Any vessel, whether self-propelled or not, which is: used, designated or occupied as a permanent dwelling unit, place of business, or for any private or social club, including a structure constructed upon a barge primarily immobile and out of navigation, or any structure which functions substantially as a land structure while the same is moored or docked within Maryland; and which has volume coefficient greater than 3,000 square feet based upon the ratio of the habital space of a vessel measured in cubic feet and the draft of a vessel measured in feet of depth. Flood, One-Hundred See: One-Hundred Year Flood Year Floodplain, One- Hundred Year See: One-Hundred Year Floodplain Floor Area, Gross See: Gross Floor Area Floor Area, Net See: Net Floor Area Footcandle A unit of illuminance stated in lumens per square foot and measurable with an illuminance meter, a.k.a. footcandle or light meter. Forest A biological community dominated by trees and other woody plants covering a land area of 1,000 square feet or more. This also includes forests that have been cut, but not cleared. Areas commercially harvested of forest cover in the Critical Area will be considered forested for development purposes. Outside of the Critical area and relative to the Forest Conservation Program, forests shall be defined as 10,000 square feet or greater and shall include: 1) areas that have at least 100 trees per acre with at least 50 percent of those trees having a two inch or greater diameter, and 2) forest areas that have been cut but not cleared. Forest does not include orchards. Forest Conservancy The forestry board created for each State forest conservancy district. District Board Forest Conservation The retention of existing forest or the creation of new forest during development. Forest Conservation and Management Agreement Forest Conservation Manual Forest Conservation Plan An agreement as stated in the Tax-Property Article, 8-211, Annotated Code of Maryland. The Maryland Forest Conservation Technical Manual, as amended from time to time, which is incorporated by reference. A plan attached to the development site plan containing a map drawn to scale which shows 1) areas required for forest conservation, 2) an afforestation plan showing planting areas on and off site, 3) a construction timetable, and 4) management and protective agreements for the conservation areas. Forest Cover The area of a site meeting the definition of forest. Article 12 - Page 24

138 Forest Interior Dwelling Birds Term (Date of Amendment) Forest Interior Dwelling Birds Definition Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers). Forest Management The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc. Forest Management Plan A document approved by the Maryland Department of Natural Resources forester assigned to Calvert County establishing best forest conservation and management practices for a landowner in assessment of the resource values of the forested property. Forest Practice The alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values. Forest Preservation Area Forest Product Processing Forest area in the Critical Area to remain as forest in perpetuity for water quality protection and wildlife habitat unless appropriate permits or approval are obtained. The post-harvest processing of timber and non-timber materials from forests off-site. Such uses may include fixed-location stump-grinding and the production of mulch. This definition does not include commercial sawmills, portable sawmills, paper mills, or chip mills. Forest Retention Area Forest area outside of the Critical Area to remain as forest in perpetuity for water quality protection and wildlife habitat unless appropriate permits or approval are obtained. Forest Stand Delineation The methodology for evaluating the existing natural features and vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community. Forestry The management of timber tracts, tree farms, forest nurseries, and the gathering of forest products. Freeboard (9/22/09) An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, wave actions, subsidence, or other unpredictable effects. Free-Standing Sign Any non-movable sign not affixed to a building. Freshwater and Landbased See: Aquaculture, Freshwater and Land-based Aquaculture Front Lot Line The lot line separating a lot from a street right-of-way. Front Roadway Buffer An area within a subdivision designated along an existing public road that is vegetated and designed to afford the least visibility of the development from the road. Front Yard A space extending the full width of the lot between any building, structure or use and the front lot line, and measured perpendicularly from the building, structure or use at the closest point to the front lot line. Frontage, Lot See: Lot Frontage Frontage, Water See: Water Frontage Article 12 Page 25

139 Fuel Storage, Commercial, Business Term (Date of Amendment) Fuel Storage, Commercial, Business Fuel, Distillation of Alcohol as Definition See: Commercial Fuel Storage Business See: Distillation of Alcohol as a Fuel Full Cutoff A luminaire light distribution where zero candela intensity occurs at an angle of 90 above nadir, and at all greater angles from nadir. Additionally, the candela per 1000 lamp lumens does not numerically exceed 100 (10%) at a vertical angle of 80 above nadir. This applies to all lateral angles around the luminaire. Funeral Home An establishment, licensed by the State, that prepares human remains for burial, coordinates the cremation of remains, and arranges, manages, and/or conducts funeral services and memorial services. A funeral home may also sell burial goods as accessory to the primary use. A funeral home may include a chapel or other facility in which funerals are conducted. This definition does not include crematoriums or cemeteries. Gallery, Art See: Art Gallery Garage Sale, Yard Sale or Estate Sale Garden Center or Farm Supply Store All general sales, open to the public, conducted from or on a residential premise in any District for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "estate," "porch," "room," "backyard," "patio," or "rummage" sale. This definition shall not include flea markets. An establishment with retail sales of nursery stock, landscaping and/or gardening equipment and tools, seeds, and/or the sale of supplies related to farming including, but not limited to, animal feeds, fencing, irrigation supplies, fertilizer, small equipment, pesticides, and similar goods. Glare The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance and visibility to the eye. Glare is subjective and cannot be measured with a meter. Golf Course A facility designed for the playing of the game of golf, including accessory uses such as a driving range or miniature golf course. Grading Any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof. Grain Elevator A storehouse for threshed grain or animal feed for wholesale or retail sale. Gravel Mine See: Sand, Gravel or Mineral Extraction and Processing Greenhouse, Commercial, Retail Greenhouse, Commercial, Wholesale Grid Address Numbering System See: Commercial Greenhouse, Retail See: Commercial Greenhouse, Wholesale The mathematical computation of premise addresses using hundred blocks beginning at the Zero Grid, as defined in Section B. Grid, Zero See: Zero Grid Article 12 - Page 26

140 Gross Floor Area Term (Date of Amendment) Definition Gross Floor Area The sum of the gross horizontal areas of the floor or floors of a building measured from the exterior face of the exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading and unloading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet. Group Home A community-based living facility offering a family or home-like environment for up to 16 residents for people who need assistance or care in some form (e.g., seniors, disabled, etc.). Growing Season Relative to the Critical Area Program, from April 7 to November 7 each year. Habitat Protection Area Habitat, for Endangered Species, Critical An area where plant communities and physiographic features provide food, water cover, nesting, foraging and/or feeding conditions necessary to maintain populations of rare, threatened, or endangered species; or colonial water bird nesting sites, historic waterfowl staging and concentration areas, riparian forest or other areas identified to be of local, state or federal significance for existing plant and wildlife habitat areas, including the Critical Area Buffer and anadromous fish propagation waters. See: Critical Habitat for Endangered Species Habitat, Plant See: Plant Habitat Habitat, Riparian See: Riparian Habitat Habitat, Transitional See: Transitional Habitat Habitat, Wildlife See: Wildlife Habitat Hall, Bingo See: Bingo Hall Handicapped Accessible Handicapped Adaptable A site, building, or facility that can be approached, entered, and used by individuals with disabilities. A site, building, or facility that includes, at a minimum: (a) door widths of all interior and exterior doors measuring 36 inches; (b) no more than one step from outside to inside; and (c) reinforced walls for installation of handrails in bathrooms and hallways. Harbor Line The line as shown on the applicable Zoning Map for Harbor Lines defining the channelward limits of marine construction for a given waterway. Harvesting, See: Commercial Harvesting Commercial Harvesting, Timber See: Timber Harvesting Headquarters, Corporate Health Spa/Gymnasium See: Corporate Headquarters See: Fitness Center Height, Building See: Building Height Article 12 Page 27

141 Heliport Term (Date of Amendment) Definition Heliport A permanent facility designed to accommodate the operation and routine servicing and maintenance of helicopters. Heritage Tourism Use A commercial enterprise intended to attract tourists and provide supplemental income for the property owner. Heritage Tourism uses include, but are not limited to: tours of historic structures, re-enactments, and cultural festivals. Heritage Trail Displays A trail board, kiosk, or station where visitors are directed, either for a fee or at no cost, to gain information about local history. Highly Erodible Soils Those soils with a slope greater than 15 percent; or those soils with a K value greater than 0.35 and with slopes greater than five percent. Historic Feature (9/22/09) Historic Waterfowl Staging and Concentration Area Home Improvement Center An object or structure having a special historical, architectural, cultural or aesthetic value for a community. An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are "historic" in the sense that their location is common knowledge and because these areas have been used regularly during recent times. A commercial retail store that sells lumber and other building materials, where most display and sales activities occur indoors. Products sold may include paint, wallpaper, glass, fixtures, nursery stock, home appliances, and lawn and garden equipment and supplies. Includes stores selling to the general public even if contractor sales account for a major proportion of total sales. Home Occupation Any activity carried out for gain by a resident as an accessory use in the resident's dwelling unit. This definition does not apply to business activities conducted on farms, as permitted by this Zoning Ordinance. Home Occupation A sign containing only the identification of the permitted home occupation. Sign Home Power Generating Facility A facility designed and constructed near an individual residence for the purpose of generating power for use in that residence. Home Studio A home occupation involving the production of arts and craft products using paint, clay, fabric, metal or other medium and/or related to the study and training of performing arts, including but not limited to dance, voice, theatre or music. Home, Funeral See: Funeral Home Home, Group See: Group Home Home, Manufactured See: Manufactured Home Home, Model See: Model Home Hospital An institution providing primary health services, medical and surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities and training facilities. Hospital, Veterinary, See: Veterinary Hospital or Clinic, Livestock Livestock Article 12 - Page 28

142 Hospital, Veterinary, Small Animal and Household Pets Term (Date of Amendment) Hospital, Veterinary, Small Animal and Household Pets Definition See: Veterinary Hospital or Clinic, Small Animal and Household Pets Hotel A facility which offers transient lodging accommodations to the general public and may provide additional services such as restaurants, meeting rooms, and recreation facilities. House Number See: Premise Address House, Tenant See: Tenant House Household Pets See: Pets, Household Hunting Reserve Any tract or parcel of land that is used for the purpose of releasing game species for commercial hunting. Hunting Service A service on a farm provided for the hunting of game birds and mammals that are managed by the Maryland Department of Natural Resources. May include guide service and/or the care of game birds and mammals killed. Hydric Soils Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition or growth, or both, of plants on those soils. Hydrophytic Vegetation Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats). Illuminance The intensity of incident light at a point, measured with a light meter in footcandles or lux. Immediate Family A father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter. Improvement Plan A plan which shows improvements and amenities to be located within a subdivision or residential development, either proposed by the developer or required by County or State regulations. Indoor Recreation Facility See: Recreation Facility, Indoor Indoor Target Range See: Target Range, Indoor Indoor Wholesaling See: Wholesaling, Indoor Only Industrial Laundry See: Laundry, Industrial Industry, Water-Use See: Water-Use Industry Inoperative Vehicle A motor vehicle that cannot move along a road under its own power. Institutional Development Area Relative to the Forest Conservation Program, includes schools, colleges, universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, golf courses, recreation areas, parks, and cemeteries. Article 12 Page 29

143 Institutions Term (Date of Amendment) Definition Institutions Any building or open area used only by an educational, religious, or medical, nonprofit organization, either public or private. Intent, Declaration of See: Declaration of Intent Intermittent Stream A stream that has a visible periodic base flow connected with the ground water and may flow without the presence of storm events. Storm events may enhance the volume of flow. These streams may be noted on maps, site plans, or determined by studies or in the field at the discretion of the local jurisdiction. Interpretation, Zoning See: Zoning Interpretation Itinerant Sales See: Mobile Food Sales Junk Yard See: Salvage and/or Junk Yard Jurisdictional Determination of Wetlands The identification and location of jurisdictional Waters of the United States (which includes wetlands) regulated by the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act of 1977, is physically determined through a process known as a jurisdictional determination (JD). The method of performing a JD employs a multi-parameter approach defined in Technical Report Y-87-1, Corps of Engineers Wetlands Delineation Manual, dated January 1987, and supplemental guidance. It generally requires positive evidence of hydrophytic vegetation, hydric soils, and wetlands hydrology for a determination that an area is a wetland. The JD process establishes a line that separates and identifies the COE-regulated wetland areas from non-wetland (upland) areas that are not regulated by the COE. K Value The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined. Kennel, Commercial See: Commercial Kennel Kennel, Commercial See: Commercial Kennel Kiln, Wood-Drying A chamber or tunnel used for drying and conditioning lumber, veneer, and other wood products in which the temperature and relative humidity of the circulated air can be varied and controlled. Kitchen A room or an area equipped for preparing and cooking food. Kitchen, Commercial, Farm Kitchen, Commercial, Non-Farm See: Commercial Kitchen, Farm See: Commercial Kitchen, (not associated with Eating Establishment) Land, Barren See: Barren Land Land, Riparian See: Riparian Land Land-Clearing Debris Landfill See: Landfill, Land-Clearing Debris Landfill, Land-Clearing Debris A Sanitary Landfill which accepts only land-clearing debris. Types of waste permitted are limited to those associated with land-clearing operations, including earthen material such as clay, sand, gravel, and silt, topsoil, tree stumps, root mats, brush and limbs, logs, vegetation, and rock. Article 12 - Page 30

144 Landfill, Rubble Term (Date of Amendment) Definition Landfill, Rubble A Sanitary Landfill which accepts only rubble. Types of waste permitted are limited to those materials accepted at Land-Clearing Landfills, along with demolition debris associated with the razing of buildings, roads, bridges and other structures including structural steel, concrete, bricks, lumber, plaster and plasterboard, sheet rock, insulation material, cement, shingles and roofing materials, floor and wall tile, asphalt, pipes and wires, and other items physically attached to structures, including appliances if they have been or will be compacted to their smallest practical volume. Landfill, Sanitary An area used for the disposal of solid waste, operated and maintained in accordance with solid waste disposal regulations of the County and State. Landforms Features of the earth's surface created by natural causes. Landscape, Scenic See: Scenic Landscape Landscaping Plan A plan: (a) Drawn to scale, showing dimensions and details for reforesting an area at least 35 feet wide and covering 2,500 square feet or greater in size; (b) Using native or indigenous plants when appropriate; and (c) Which is made part of an approved forest conservation plan. Such landscaping and street tree plantings may be used as credit toward reforestation requirements in all zoning categories except Rural zoned land with either a Resource Preservation or Farm Community Overlay. Lane, Private See: Private Lane Lateral Line A line projecting from the shoreline to the harbor line separating useable waterway areas and determined by bisecting the angles formed by the shoreline at property corners. Laundry / Laundromat A place where patrons wash, dry or dry-clean clothing or other fabrics in machines operated by the patron. Laundry, Industrial An establishment providing washing, drying or dry cleaning of uniforms, linens, etc. for businesses. LED Sign A sign containing light-emitting diodes (LEDs). (9/22/09) Library A facility intended primarily for the repository of books and other similar items for public appreciation and information. Light Trespass Light emitted by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited. Line, Building See: Building Restriction Line Restriction Line, Harbor See: Harbor Line Line, Lateral See: Lateral Line Line, Lot See: Lot Line Line, Mean High Water See: Mean High Water Line Lines, Public Utility See: Public Utility Lines & Accessory Structures Article 12 Page 31

145 Liveaboards Term (Date of Amendment) Definition Liveaboards Permanent occupancy of watercraft. This definition does not apply to weekend and short-term vacation use of watercraft. Livestock Auction and/or Sales Barn, Commercial Livestock Auction by a Non-Profit Organization or Farm Owner Livestock See Animal Husbandry. Living Shoreline (9/22/09) A place of business to which the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. Auctions conducted by nonprofit organizations such as Future Farmers of America and 4-H groups, auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted by or for a person at which livestock of such person s ownership are sold on the premises of the person, are not included in this definition. A place of business to which the public may consign livestock for sale by auction open to public bidding conducted by non-profit organizations such as Future Farmers of America and 4-H groups, including auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted by or for a person at which livestock of such person s ownership are sold on the premises of the person by a non-profit organization. A shoreline management technique that provides erosion control benefits while providing natural shoreline habitat. Loading Area An off-street space or berth used for the loading or unloading of vehicles. Local Road A road or street designed to provide vehicular access to abutting property. Lodger A non-transient individual other than a member of the family occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. Lot (12/09/06) A parcel or portion of a larger parcel or subdivision whether buildable or not. A contiguous area of land separated from other areas of land by separate description including a recorded deed, a subdivision plat, or record of survey map, or by metes and bounds, for purpose of sale, lease, transfer of ownership, or separate use. Lot Coverage That portion of the lot that is covered by buildings and other structures. Lot Frontage The length of the front lot line measured at the street right-of-way line. Lot Line A line of record bounding a lot which divides one lot from another lot, parcel, or from a public or private street Lot Line, Front See: Front Lot Line Lot Line, Rear See: Rear Lot Line Lot Line, Side Any lot line other than a front or rear lot line. Lot Width The distance between side lot lines measured at the front building restriction line. Lot, Buildable See: Buildable Lot Lot, Bus See: Bus Lot Lot, Corner See: Corner Lot Lot, Double Frontage See: Double-Frontage Lot Lot, Flag See: Flag Lot Article 12 - Page 32

146 Lot, Flag Term (Date of Amendment) Definition Lot, Flag See: Flag Lot Lot, Park-and-Sell See: Park-and-Sell Lot Lot, Parking See: Parking Lot Lumber and/or Other Building Materials, Wholesale Lounge See: Tavern, Nightclub, Lounge, Dance Hall See: Wholesale Lumber and/or Other Building Materials Lumen A unit of luminous flux; used to measure the amount of light emitted by lamps. Luminaire The complete lighting assembly (including the lamp, housing, reflectors, lenses, and shields), less the support assembly (pole or mounting bracket); a light fixture. For the purposes of determining total light output from a luminaire or light fixture, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. Lux A unit of illuminance stated in lumens per square meter. There are approximately 10.7 lux per footcandle. MAA The Maryland Aviation Administration. MAC Maryland Accessibility Code. Machinery, See: Agricultural Machinery, Service and/or Supplies Agricultural Maintenance Agreement The short-term management agreement associated with afforestation or reforestation plans required under the Forest Conservation Program. Major Subdivision (1) When the total number of residential lots derived from the Parent Tract (as of June 29, 1967) is six or more. (2) Any division of non-residential land for development purposes and/or the creation of any new public rights-of-way. Management, Forest See: Forest Management Management, Stormwater Manual, Forest Conservation See: Stormwater Management See: Forest Conservation Manual Manufactured Home A transportable structure designed to be used as a dwelling, built in one or more sections in a factory and bearing a seal certifying that it conforms to the U.S. Department of Housing and Urban Development's (HUD) Manufactured Home Construction and Safety Standards Code (a.k.a. mobile home or residential trailer). This definition does not include modular houses. Manufactured Home Community Manufactured Home Dealer Any property containing two or more manufactured homes sold, leased or held out for lease to residents or prospective residents (a.k.a. "MH Community"). An establishment that sells manufactured homes as defined by this Ordinance. Article 12 Page 33

147 Manufactured Home Stand Term (Date of Amendment) Manufactured Home Stand Manufactured Home Subdivision Manufacturing and/or Assembly, Heavy Manufacturing and/or Assembly, Light Manufacturing and/or Assembly, Marine- Related (9/22/09) Definition The outline of the actual manufactured home including the paved portion of any outdoor living area. Proposed or anticipated structural additions to a manufactured home such as carports, Florida rooms, or attached storage areas shall be considered part of the manufactured home stand. A subdivision developed and/or intended for the sale of lots to be used as manufactured home sites. Establishments involved in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials and that are generally not compatible with residential uses. Includes but is not limited to foundries, fossil fuel refineries and similar heavy industrial uses. The production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products which by the nature of the materials, equipment and process utilized is to a considerable measure clean, quiet, and free of any objectionable or hazardous element. A facility designed for the construction of waterborne vessels and ancillary items for commercial purposes. Map, Zoning See: Zoning Map Marina A facility for storing, servicing, fueling, berthing and/or securing of watercraft, but not including community piers and other non-commercial boat docking and storage facilities. Marine Facility Any facility affecting the use and operations of any vessels on any waterway under the jurisdiction of the County, such as moorings, docks, etc. Marine/Estuarine See: Aquaculture, Marine/Estuarine Aquaculture Market, Artisans and Crafters (9/22/09) Market, Farmers (3/25/08) (9/22/09) Market, Flea (9/22/09) Market, Flea, by a Non-Profit Organization A site with or without permanent structures, operated on a seasonal or year-round basis that allows multiple artists and/or crafters to retail products that they produce directly to consumers. May operate separately or in conjunction with a Farmers Market and/or a Waterman s Market. A structure, either permanent or temporary, operated on a seasonal or year-round basis, that allows one or more agricultural producers to retail their products and agriculture-related items directly to consumers. An occasional or periodic market usually held in an open area, but which may be held indoors, where an individual or groups of individual sellers offer goods for sale to the public for a fee or other compensation paid to a for-profit entity. There may exist long-term or short-term leases between the sellers and operators and the sellers may use their own vehicles for display or set up temporary tables or booths for their wares or stalls or other means of display may be provided. A temporary market held in an open area or in a structure where groups of individual sellers offer goods for sale to the public for the exclusive purpose of raising funds for a non-profit organization. Article 12 - Page 34

148 Market, Watermen s Term (Date of Amendment) Definition Market, Watermen s A site with or without permanent structures, operated on a seasonal or year-round (9/22/09) basis that allows watermen possessing a Maryland Commercial Fishing License to retail their products. May operate separately but in conjunction with a Farmers Market and/or an Artisans and Crafters Market. Massage Any method of treating the external parts of the human body, for compensation, by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm, foot, or with any instrument. Massage does not include stimulation to the point of sexual arousal or ejaculation; nor does it include manipulation by a masseuse or masseur of the genitals, pubic areas, or buttocks of the human male or female, or the breasts of the female. In the context of the enforcement of this Ordinance, this conduct is presumptively considered a danger to public health, safety and welfare. Massage Parlor Any establishment having a fixed place of business where massages are performed, devoting more than five percent of the floor space to massages and whose gross income from massages in any business location is more than 10 percent of the gross income from that location. Mean High Water Line The average level of high tides at a given location. Medical Office or Clinic Medical or Dental Clinic Meeting Hall, Commercial or Non- Profit See: Office, Medical or Clinic See: Medical Office or Clinic See: Commercial or Non-Profit Meeting Hall, Banquet Hall Mini-Storage A structure containing separate storage spaces of varying sizes leased or rented on an individual basis. Minor Subdivision (1) When the total number of residential lots derived from the Parent Tract (as of June 29, 1967) has not exceeded five. (2) Any division of land for development purposes that does not require the creation of any new right-of-way, other than a private lane. Mixed-Use Building (9/22/09) Mixed-Use Development (9/22/09) A single building, or attached buildings, containing one or more residential dwelling units and one or more non-residential land uses which are permitted in the Zoning District or Sub-area and regulated by the Zoning Ordinance. For the purposes of this Ordinance, a residential dwelling unit in a mixed use building is not considered a single-family dwelling (see Apartment in a Mixed Use Building). A mixed use building or a group of buildings on a single buildable lot or site plan, that contain both residential dwelling units and non-residential land uses which are permitted in the Zoning District or Sub-area and regulated by the Zoning Ordinance. Mobile Food Sales The selling of food from a mobile food-vending unit that is temporarily parked or located on a private parcel of property. Article 12 Page 35

149 Mobile Food Vending Unit Term (Date of Amendment) Mobile Food Vending Unit Definition Any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand or other device designed to be portable and not permanently attached to the ground from which only prepared, ready-to-eat food is sold. Model Home A residential unit used by builders, realtors, etc., as an example of other units available for sale or rent. Monument Tree (1) a national, state or local champion tree; or (2) a tree having a diameter of at least 24 inches (measured at 4.5 feet above the ground); or (3) a tree having a diameter that is at least 75 percent of the diameter of the current state champion of that species (measured at 4.5 feet above the ground). Mooring A place where buoyant vessels are secured other than a pier. Mooring Pile A heavy beam of timber, concrete, or steel, driven into the bottom of a waterway and used to secure boats. Motel A building or group of buildings containing guest rooms which are provided for transient occupancy only, including auto courts, motor lodges and tourist homes. Motor Vehicle Any device that is self-propelled or propelled by electric power by which any individual or property is or might be transported or towed. This definition includes, but is not limited to, automobiles, motorcycles, trucks, etc. Motor Vehicle Accessory Shop Motor Vehicle Dealership - New or Used Motor Vehicle Storage Lot Motor Vehicles, Commercial, Parking of Multi-Service Non- Residential Development (9/22/09) A retail establishment that specializes in the sale and/or installation of automotive accessories including but not limited to audio systems, alarm systems, windshields, and other items that do not involve exterior body modification that requires major painting or other body work, or the sale and/or service of tires. The use of any building, land area or other premise for the sale of new or used motor vehicles, watercraft, or recreation vehicles and/or their display for sale. The use of any single property to sell or offer for sale three or more motor vehicles during any 12-month period is considered a Motor Vehicle Dealership. (1) A parking area for the impounding or storage, usually temporary, of abandoned motor vehicles. (2) An area within a residential subdivision or development designated for the storage of motor vehicles such as automobiles, recreational vehicles, and boats. See: Parking of Commercial Motor Vehicles A mixed use building, or a group of buildings, on a single buildable lot that contain multiple non-residential land uses which are permitted in the Zoning District or Subarea and regulated by the Zoning Ordinance. Museum A facility intended primarily for the exhibit and/or repository and/or research of books, artworks, artifacts, archives and other similar items for public appreciation and information. Accessory sales and services may be permitted. Native Shrub (9/22/09) A shrub listed in the Calvert County Native Plants Guide, prepared and provided by Calvert County Dept. of Planning and Zoning. Article 12 - Page 36

150 Native Tree Term (Date of Amendment) Native Tree (9/22/09) Definition A tree listed in the Calvert County Native Plants Guide, prepared and provided by the Calvert County Dept. of Planning and Zoning. Natural Features Components and processes present in or produced by nature, including but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife. Natural Heritage Area Any communities of plants or animals which are considered to be among the best Statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources. Natural Regeneration The natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity. Natural Vegetation Those plant communities that develop in the absence of human activities. Natural Vegetation Vegetative cover that exists prior to any disturbance or development activity. Nature-Dominated A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human intervention. Net Acreage For the purposes of calculating density, the number of acres of a parcel remaining after tidal wetlands, non-tidal wetlands, zoned wetlands, and State wetlands are deducted. Net Floor Area Net floor area of a building shall be calculated as 85 percent of the gross floor area. Net Tract Area Relative to the Forest Conservation Program, the total area of a site, including both forested and non-forested areas, to the nearest one-tenth acre, reduced by the area found to be within the boundaries of the 100-year nontidal floodplain as depicted on the Calvert County Flood Insurance Rate Maps (FIRMs). In Agricultural and Resource Areas, net tract area must also be reduced by any portion of the tract remaining in agricultural production. Nightclub, Lounge (9/22/09) Non-Buildable Residue (12/09/06) An establishment, either open to the public or operated as a private club, which is distinguished from a Tavern or Bar by the provision of areas for entertainment and/or dancing, and which may or may not include the sale of alcohol, food or other beverages. The portion of a parcel remaining after a subdivision is created that is not intended for development or has not been approved as a buildable lot at the time of subdivision. Non-Conforming Use A use or activity which was lawful prior to the adoption, revision or amendment of the Zoning Ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district. Non-Medical Office See: Office, Non-Medical Non-Point Source Pollution Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. it is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground-water seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by "end-of-pipe" treatment, but rather, by changes in land management practices. Article 12 Page 37

151 Non-Profit Organization Term (Date of Amendment) Non-Profit Organization Definition Any organization engaging primarily in civic or community services, including Lions, Kiwanis, Rotary, Optimists, Civitans and organizations of a similar nature, which is not operated for profit. Nontidal Wetlands Nontidal wetlands are areas that are: (1) Inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; (2) Considered a nontidal wetland in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1989 and as may be amended and interpreted by the U.S. Environmental Protection Agency and (3) do not include tidal wetlands regulated under Natural Resources Article, Title 9, Annotated Code of Maryland. Notice, Public See: Public Notice Nursery, Retail An area or establishment where trees, shrubs or plants are grown for transplanting, for use as stock for budding and grafting or for sale directly to the general public. Nursery, Wholesale An area or establishment where trees, shrubs or plants are grown for transplanting, for use as stock for budding and grafting or for sale to retailers or other businesses, but not directly to the general public. Nursing or Convalescent Home Office Support Services, including printing, copying, faxing, internetworking, etc. Office, Medical or Clinic An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Businesses that are complimentary to the conduct of business, trades, and professions and provide support such as photo/photocopying, printing, postal/delivery, travel/tourism, and telecom and computer/internet support services. An establishment used by members of licensed health care and medical professions to provide diagnosis and treatment to the general public without overnight accommodation and with accessory uses such as reception areas, administrative offices, consultation rooms, x-ray and minor operating rooms and a dispensary, providing that all such uses have access only from the interior of the building or structure. Examples of such professions include dentists, chiropractors, osteopaths, physicians, and occupational therapists. This definition does not include personal services, such as licensed massage therapists. Office, Non-Medical An establishment for professional, executive and administrative offices, including those of accountants, lawyers, architects, engineers, drafting offices, insurance agents, real estate agents, and other occupations which are of similar character to those enumerated, but not including medical professions, barbers, beauty parlors, cosmetologists, or other personal service establishments. Officer, Zoning See: Zoning Officer Off-Premise Directional Sign Signs displaying directional messages not located on the premises. Offsets Structures or actions that compensate for undesirable impacts. Article 12 - Page 38

152 Offsite Term (Date of Amendment) Off-Street Parking Space One-Hundred -Year Floodplain One-Hundred-Year Flood On-Premise Directional Sign Definition Offsite Outside the limits of the area encompassed by a tract. A temporary storage area for a motor vehicle that is directly accessible to an access road, and which is not located on a dedicated street right-of-way. (1) An area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100-year frequency storm event, or a 100-year flood. (2) Any area depicted as "My" soils on the Calvert County Soil Survey Maps. It can be revised based on a hydrologic study or onsite soil survey. A flood which has a one percent chance of being equalled or exceeded in any given year. Signs displaying directional messages within the boundaries of a development. Onsite Within the limits of an area encompassed by a tract, including an area classified as a 100-year floodplain. Opaque Material through which light cannot pass; not transparent. (9/22/09) Open Space (1) Any parcel or area of land or water essentially unimproved except for recreational facilities and set aside for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. (2) Open space within the Critical Area is defined as: land and water areas retained in an essentially undeveloped state. Order, Stop Work See: Stop Work Order Organization, Non- Profit Other Motor Vehicle Related Uses including: Bus depot, taxi service, vehicle rental or leasing See: Non-Profit Organization Premises used for storing vehicles used for moving people, goods or materials or any combination of these, and which may include ancillary dispatching, maintenance, service and fuelling areas for these vehicles. Outdoor Light Fixture An exterior illuminating device, lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Outdoor Recreation See: Recreation Facility, Outdoor Facility Outdoor Storage in Connection with Commercial and/or Industrial Uses The storage of materials accessory to a commercial and/or industrial use. Does not include machinery and equipment. Outdoor Target Range See: Target Range, Outdoor Article 12 Page 39

153 Outlot Term (Date of Amendment) Outlot (08/28/07) Definition (a) A lot created by subdivision approved by the Planning Commission but not as a buildable lot, as defined by this Ordinance. (b) A lot created by subdivision approved by the Planning Commission for the purpose of constructing public and community facilities (e.g., Public Utility Lines and Accessory Structures, stormwater management facilities, wastewater and water supply treatment facilities, etc.) Overburden The strata or material in its natural state, before its removal by surface mining, overlying mineral deposit, or in between mineral deposits. Overlay District A special district created for the purpose of imposing special regulations on given designated areas of the County to accomplish stated purposes. Owner An individual, firm, association, syndicate, partnership, or corporation having legal title to a piece of land. Owner, Riparian See: Riparian Owner Palustrine All non-tidal wetlands dominated by trees, shrubs persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per 1,000 parts of water. Parcel A unit of land identified by the Maryland Department of Assessments and Taxation as a separate entity for description purposes. May include an aggregation of lots, blocks, sections, or phases. Park-and-Sell Lot An outdoor or indoor space where owners of motor vehicles or watercraft display their motor vehicles and/or watercraft for sale or trade. Parking Lot A lot or portion thereof, used for the parking of transportation vehicles but not including motor vehicles which have been dismantled or wrecked or junked or for sale or parts thereof. Parking Lot, See: Commuter Parking Lot Commuter Parking of Commercial Motor Vehicles The parking on a regular basis of motor vehicles that are commercially licensed and/or with business identification signs or lettering, including magnetic signs. This definition does not include the periodic parking of commercial motor vehicles on property for the purpose of conducting business on that property (e.g., service calls). Parlor, Massage See: Massage Parlor Parts, Automobile, See: Automobile Parts Dismantling and/or Storage Dismantling and/or Storage Patron Area (9/22/09) An indoor or outdoor area of an eating establishment or similar use including but not limited to a tavern, nightclub, lounge, or bar designated for use by customers and/or the general public for eating, drinking, congregating, and/or waiting for service. Perennial Stream A stream that has a visible base flow except during periods of extreme drought. The hydrology is connected to the ground water and flows without the presence of storm events. These streams are determined by the identical methods as intermittent streams. Permit, Building See: Building Permit Article 12 - Page 40

154 Permit, Sediment Control Term (Date of Amendment) Permit, Sediment Control Permit, Use & Occupancy Definition See: Sediment Control Permit See: Use and Occupancy Permit Permitted Use A use allowed in a zoning district subject to the restrictions applicable to that zoning district. Person An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity. Personal Services Premises in which services with respect to the grooming of persons are conducted, including those of licensed massage therapists, cosmetologists, estheticians, nail technicians and make-up artistry. Pets, Dangerous or Wild Animals Pets, Household (9/22/09) Pets, Livestock (Kept on Non-Farm Properties) (9/22/09) See: Animals, Dangerous or Wild Any companion animals that have been bred and raised to live in or about the habitation of humans and may be permitted in the house, such as dogs, cats, potbellied pigs, rabbits, ferrets, domestic rodents, birds, fish, non-venomous reptiles and amphibians. Livestock such as horses, cows, sheep, swine, goats, llamas, alpacas, or poultry that are kept on a non-farm property as pets rather than for their productive value. Phased Development Commercial (non-residential) development of a recorded lot or parcel in Town Center, Employment Center/Town Center, Light Industrial, Marine Commercial, or Rural Commercial Zoning in which one specified area of the site is developed before other areas. Physiographic Features The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities. Pier Any marine structure generally referred to as a pier, dock or wharf, including pilings and other such facilities, used for the wet storage of watercraft. Pier, Commercial See: Commercial Pier Pier, Community See: Community Pier Pier, Private See: Private Pier Pile, Mooring See: Mooring Pile Place of Worship, Parish Hall, Convent, Monastery, or Rectory Plan, Approved Forest Management Pile, Spoil See: Spoil Pile A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory associated uses. See: Approved Forest Management Plan Plan, Comprehensive See: Comprehensive Plan Article 12 Page 41

155 Plan, Concept Term (Date of Amendment) Definition Plan, Concept See: Concept Plan Plan, Forest Conservation Plan, Forest Management See: Forest Conservation Plan See: Forest Management Plan Plan, Improvement See: Improvement Plan Plan, Landscaping See: Landscaping Plan Plan, Preliminary Subdivision See: Preliminary Subdivision Plan Plan, Project See: Project Plan Plans, Soil Conservation & Water Quality Plan, Site See: Site Plan See: Soil Conservation and Water Quality Plans Plant Habitat A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics. Plant, Agricultural, Processing See: Agricultural/Seafood/Livestock Processing Plant Plant, Asphalt See: Asphalt Plant Plant, Livestock, Processing Plant, Seafood, Processing See: Agricultural/Seafood/Livestock Processing Plant See: Agricultural/Seafood/Livestock Processing Plant Plant, Wash See: Wash Plant Plat, Final Subdivision See: Final Subdivision Plat Plat, Record See: Record Plat Port A facility or area established or designated by the State or local jurisdictions for purposes of waterborne commerce. Portable Sawmill See: Sawmill, Portable Portable Sign A sign that is not permanently affixed to a building, structure or the ground, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is so parked as to attract the attention of motoring or pedestrian traffic. Power Generating Facility, Accessory to a Residence or Business A facility designed and constructed near an individual residence, business, or public building for the purpose of generating power for use in that residence, business or public building. Article 12 - Page 42

156 Power Generating Facility, Commercial Term (Date of Amendment) Power Generating Facility, Commercial Power Generating Facility, Qualified Commercial (07/27/06) Practices, Best Management Pre-Existing Towers and Pre-Existing Antennas Definition A generator that uses one or more sources and/or products for the production of power for sale. Types of power generating facilities include but are not limited to petroleum, methane, ethanol, thermal, wind, solar and hydroelectric. A Commercial Power Generating Facility as to which a certificate of public convenience and necessity has been issued under Public Utility Companies Article, Section(s) 7-205, and/or 7-208, Annotated Code of Maryland, as amended from time to time. See: Best Management Practices Any tower or antenna for which a special exception and/or a building permit has been issued prior to the effective date of these regulations (December 4, 2001), including permitted towers or antennas that have not yet been constructed so long as such approval has not expired. Preliminary Approval The approval of a minor or major subdivision by the Planning Commission or its designee. Preliminary approval is required prior to final approval. Preliminary Subdivision Plan A drawing prepared for the overall planning of a proposed subdivision in accordance with Section B. Premise A house, building, or structure and the land on which it is located. Premise Address The number assigned by the Planning Commission or its designee to identify the official address of a property. The Premise Address is assigned using the Grid Address Numbering System. Private Harvesting The cutting and removal of trees for personal use. Private Lane A private right-of-way, a minimum of 30 feet wide, for the purpose of providing access to no less than three single-family residential lots and no more than five single-family residential lots. Produce Agricultural products such as vegetables and fruits. For purposes of this Ordinance, produce includes flowers, vegetable seedlings, potted plants, jellies, jams, honey, pickles, butter and eggs, etc. Products, Value- See: Value-Added Agricultural Products Added Agricultural Professional Office See: Non-Medical Office Project Approvals The approval of development, other than development by a State or local government agency, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas with floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not include building permits. Project Plan Relative to the Forest Conservation Program, a construction, grading, or sediment control activity on areas of 40,000 square feet or greater, by a local or State agency. Article 12 Page 43

157 Project Road Term (Date of Amendment) Definition Project Road Any non-dedicated right-of-way used within an apartment, commercial, industrial, trailer or Manufactured Home Rental Community along which house numbers are assigned. Project, Development See: Development Project Project, Development, See: Development Project Completion Completion Public Events/Public Assemblies on Farmland Property A building, structure or parcel of land or the combination thereof. A special event held on a farm not related to farm activities. Such uses include performing arts and concerts. Public Notice The advertisement of a public hearing in accordance with legal requirements indicating the time, place and nature of the public hearing. Public or A building that is constructed, owned, or leased by a local, state, or federal Governmental Building government. Public or Non-Profit An area used primarily for recreational activities and owned by a government, Park and/or institution, or non-profit organization. Recreation Area (08/07/07) Public Utility Lines & Accessory Structures (08/07/07) Underground gas mains and pipes and underground and overhead electrical and communications wires, cables, pipes, conduits, and their supporting poles, towers or repeaters, boosters, anodes, regulating and measuring devices, and the minor buildings or structures in which they may be housed, including but not limited to substations for transforming, boosting, switching or pumping purposes, where such facilities are constructed on the ground. This definition does not include other uses defined separately by this Ordinance (e.g., Commercial Power Generating Facility, Communications Tower, etc.) Shore-dependent recreation facilities or activities provided by public agencies which are available to the general public. Public Water-Oriented Recreation Ramp, Boat Launch See: Boat Launch Ramp Reader Board A visual display board of text on a sign. (9/22/09) Real Estate Sign A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located. Rear Lot Line The lot line opposite and most distant from the front lot line. On a corner lot the rear lot line is determined by the orientation of the house. Rear Yard A space extending across the full width of the lot between any building, structure or use and the rear lot line, and measured perpendicular from the building, structure or use to the closest point of the rear lot line. Reclamation The rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including waterbodies. Record Plat The final plat of a subdivision that is recorded in the Land Records of Calvert County. Article 12 - Page 44

158 Recreation Facility, Indoor Term (Date of Amendment) Recreation Facility, Indoor Recreation Facility, Indoor Commercial: Bingo Hall (9/22/09) Recreation Facility, Indoor Commercial: Fitness Center (9/22/09) Recreation Facility, Indoor Commercial: Studio (9/22/09) Recreation Facility, Indoor Commercial: Studio, Performing Arts (9/22/09) Recreation Facility, Outdoor Definition An entirely enclosed building or facility which offers commercial indoor sports activities including but not limited to tennis, batting cages, bowling, skating, racquetball, arcade games, volleyball, basketball, indoor soccer, martial arts, miniature golf, paint ball, laser tag or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices. Premises used for the purposes of playing a game of chance in which players place markers on a pattern of numbered cards according to numbers drawn, announced or displayed either electronically or by a caller, in which money and/or prizes are wagered. This definition does not include player-operated video lottery terminals or slot machines. An establishment offering or providing facilities in controlled exercise, weight lifting, calisthenics, aerobics, and general physical fitness. Premises used principally for the production of arts and craft products using paint, clay, fabric, metal or other medium and may include accessory sales, display and exhibition of arts and craft products. A facility, catering to more than three students at a time, that contains specialized equipment and other support services for the study and training of performing arts, including but not limited to dance, voice, theatre or music, and may include accessory sales, displays and exhibits. An area or structure that offers commercial entertainment or recreation where any portion of the activity takes place outside. This includes but is not limited to a golf driving range, batting cages, riding arenas and corrals, racquet sports, miniature golf, paint ball, archery range, or similar activities. This use may include associated accessory eating and drinking areas, retail sales areas and staff offices. This definition does not include motorized vehicle sports such as go-car tracks, dirt bike trails and all-terrain vehicle trails. See: Public Water-Oriented Recreation Recreation, Public, Water-Oriented Recreational Vehicle A vehicular portable structure without permanent foundation, which can be towed, hauled or driven and is primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes. Recreational Vehicle Camp Recycling Facility, Commercial See: Campground and/or Recreational Vehicle Camp, Non-Farm See: Commercial Recycling Facility Redevelopment The process of developing land which is or has been developed. Article 12 Page 45

159 Reforestation (or Reforested) Term (Date of Amendment) Reforestation (or Reforested) Definition The establishment of a forest through artificial reproduction or natural regeneration in areas that were previously cleared. More specifically and relative to the Forest Conservation Program: (1) Creation of a biological community dominated by trees and other woody plants containing at least 100 live trees per acre, with at least 50 percent of those trees having the potential of attaining a two-inch or greater diameter measured at four-and-a-half feet above the ground, within seven years; (2) The establishment of a forest according to procedures set forth in the Maryland Forest Conservation Technical Manual and (3) landscaping of areas under an approved landscaping plan establishing a forest at least 35 feet wide and covering an area of 2,500 square feet or more. Reforested See: Reforestation Regeneration, Natural See: Natural Regeneration Regulated Activity Relative to the Forest Conservation Program, any of the following activities when that activity occurs on a unit of land which is 20,000 square feet or greater: Subdivision; Grading; An activity that requires a sediment control permit; or Project plan of a State or local agency. Regulation A rule or order, including maps and plans, having the force of law issued by an executive authority of a government. Renewable Resource A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely. Rental Facilities on Farms Repair Shop, Truck, Bus & Diesel Facilities or areas on farms that are available for rent for private events such as weddings, company picnics, or private parties. See: Truck, Bus and Diesel Service and Repair Shop Repair, Automobile See: Automobile Repair/Service Shop without fuel sales Repair, Boat See: Boat Service and/or Repair Research & Development Facility Replatting The process of review, approval, and recording of a plat which shows changes to an existing recorded lot or parcel. A facility containing operations engaged in scientific research and investigation, the development of prototype products for test and evaluation, and/or the assembly or manufacture of prototype products. Reserve, Hunting See: Hunting Reserve Resident, Age- Qualified See: Age-Qualified Resident Resident, Special See: Special Resident Residue (08/28/07) The portion of a lot remaining after the creation of a minor or major subdivision. Residue, Buildable See: Buildable Residue Residue, Non- Buildable See: Non-Buildable Residue Resource, Renewable See: Renewable Resource Article 12 - Page 46

160 Restaurant Term (Date of Amendment) Definition Restaurant See: Eating Establishment Restaurant, Fast-Food See: Eating Establishment Restrictive Covenant A restriction on the use of land usually set forth in the deed. Resubdivision The further subdivision of an existing recorded subdivision for additional lots and/or roads. Retail Commercial Building Retail Commercial Building with Drive-up Facility Retail Commercial Establishment Retail Commercial Sale or Display Area, Outdoor Retail The sale, rental, or leasing of goods or commodities directly to the public. A building that houses a commercial retail establishment that either stands alone or is connected to other buildings by a common wall having no entrances or exits. A commercial retail building may include more than one retail establishment and/or service. A commercial retail building that includes a structure or part of a structure designed to accommodate patrons motor vehicles, from which the occupants of the motor vehicle may make purchases or transact business. This definition does not include Eating Establishments with Drive-up Facilities. A business engaged in the retail sale, rental or leasing of goods or commodities. The use of space exterior to the walls of a retail commercial building for the sale and/or display of products. This definition does not include outdoor storage and does not apply to temporary retail sales conducted by non-profit organizations (e.g., seasonal sales). Retail Nursery See: Nursery, Retail Retention The deliberate holding and protecting of existing trees, shrubs or plants on the site according to established standards as provided in the Maryland Forest Conservation Technical Manual. Retreat, Day A facility designed with the specific intent of facilitating spiritual and/or educational enrichment needs and that may include supporting dining, and recreational facilities as accessory uses without overnight accommodations. Revised Subdivision Revisions to an existing, proposed, or recorded subdivision. Rezoning, Comprehensive Rezone To change the zoning district classification of particular lots or parcels of land. See: Comprehensive Rezoning Right-of-way (l) A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or currently occupied by a road, cross-walk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses; (2) Generally, the right of one to pass over the property of another. Riparian Habitat A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands. Riparian Land Land that is traversed or bounded by a natural watercourse or adjoining tidal lands. Article 12 Page 47

161 Riparian Owner Term (Date of Amendment) Definition Riparian Owner One who owns riparian land. Road (1) A vehicular way constructed within a public or private right-of-way (a.k.a. avenue, drive, circle, street, highway, thoroughfare or other similar terms, but not driveways, lanes, or alleys). (2) When applying setbacks, the term road refers to the right-ofway. Setbacks shall be measured from the edge of the right-of-way unless other means of measurement are specified. Road Direction Relative to the premise addressing system, the direction any road travels the longest in the distance. Road, Arterial See: Arterial Road Road, Collector See: Collector Road Road, Local See: Local Road Road, Project See: Project Road Road, Service See: Service Road Roadside Stand See: Farm Stand Roof Pitch (9/22/09) Roof, False Mansard (9/22/09) Roof, Gable (9/22/09) The ratio of rise to run of roof slope. An architectural feature added to a structure that is primarily decorative and serves only to hide a flat roof and/or equipment on the roof, or to provide a crawl space attic over an upper story. A sloping (ridged) roof that terminates at one or both ends in a gable. Gable Roof, Gambrel (9/22/09) Roof, Green (9/22/09) Roof, Habitable (9/22/09) Roof, Hipped (9/22/09) A gabled roof that peaks at the ridgeline then falls away in a broad, low slope, breaks horizontally and changes to a steeper pitch. A gambrel roof has a broad upper story and side façade, and is often associated with barns. A roof that is partially or completely covered with vegetation and soil, or a growing medium, planted over a waterproofing membrane. A roof containing space for human occupancy or use. A roof with slopes on all four sides. Article 12 - Page 48