The Docket · Government Meeting · DKT-2026-000283

On the agenda: Chesapeake Beach meeting — Data Center (Feb 25)

Past ⚠ Agenda Watch Chesapeake Beach, Maryland · Wednesday, February 25, 2026 — 7 months ago

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The published agenda for this February 25 meeting contains: "Data Center", "DATA CENTER", "Data center". The meeting has passed; the record and its outcome live here permanently.

WhenWednesday, February 25, 2026
Check the agenda document for the meeting time.

WhereChesapeake Beach, Maryland

On the record“Data Center”“DATA CENTER”“Data center”

The agenda, word for word

Government public record — the full text of the published document, archived August 2, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

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Page 1 of 115

OFFICE OF THE PLANNING AND ZONINGCOMMISSION

PLANNING COMMISSION
AGENDA
February 25, 2026
6 PM
I.

Call to Order & Roll Call.

II.

Pledge of Allegiance.

III.

Approval of the February 25, 2026 Planning Commission Agenda.

IV.

Approval of the minutes of the February 4, 2026 Planning Commission Meeting.

Public comment on any item on the agenda.

VI.

Old Business:
1. Discussion of the Land Use Table, Zoning Map, and Conditional Uses.

VII. Comments by Commissioners.
VIII. Adjournment

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PLANNING AND ZONING COMMISSION

MINUTES OF THE
PLANNING COMMISSION MEETING
FEBRUARY 4, 2026
I.

Commission Chair Cindy Greengold called the meeting to order at 6:00 pm. In attendance were
Chair Greengold, Vice-Chair Larry Brown, Mary Sue Greisman, Kelly Hauhn, and Rachel Larsen
Weaver, Commission Members, Sarah Franklin, Town Planner, Karen Ruff, Commission Counsel,
and Sharon L. Humm, Commission Clerk. Absent were Jan Ruttkay and Christopher Smith.

II.

Pledge of Allegiance. Commission Chair Greengold led the Pledge of Allegiance.

III.

Approval of the February 4, 2026 Planning Commission Agenda.
MOTION: Vice Chair Brown moved to approve the February 4, 2026 agenda.
Seconded by Commissioner Greisman, all in favor.

IV.

Approval of the minutes of the December 17, 2025 Planning Commission Meeting.
MOTION: Commissioner Hauhn moved to approve the minutes of the
December 17, 2025 Planning Commission meeting. Seconded by Vice
Chair Brown, all in favor.

Public Comment on any item on the agenda.
1. Ethan Johnson of 3327 Silverton Lane commented on his desire to do a home occupation.
Mr. Johnson stated what he would like to apply for does not fall under any of the categories
currently listed. Mr. Johnson is looking to open a gun shop/gunsmith business.
Chair Greengold thanked Mr. Johnson for his comment and stated the Commission is currently
working on land use classifications and will take this under consideration.

VI.

Closed Session – Commissioner Greisman moved to close the regular meeting at 6:14 p.m. to go in
closed session under the Statutory Authority of the Md. Annotated Code pursuant to General
Provisions Article, §3-305(b), subsection (7) “to consult with counsel to obtain legal advice”
regarding pending litigation by a Town property owner regarding development rights. Seconded by
Vice-Chair Brown, all in favor.
Chair Greengold called for a motion to re-open the regular meeting. Commissioner Greisman
moved to re-open the regular meeting at 6:20 p.m. Seconded by Commissioner Hauhn, all in favor.

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VII.

Old Business:
1. Finalizing and approving the fence regulations – Ms. Franklin commented that at the last
Commission meeting, fencing regulations within Section 290-19 were reviewed and discussed
with amendments proposed. The Commission has been provided with those proposed
amendments for finalization and approval before submission to the Town Council for
consideration.
The Commission reviewed, discussed, and made a few minor adjustments.
MOTION: Chair Greengold moved to not allow chain link fence in the
front yard but allow in the backyard. Motion dies for lack of a second.
MOTION: Commissioner Greisman moved to reconsider Chair Greengold’s motion to
not allow chain link fence in the front yard. Seconded by Chair Greengold. Ayes,
Commissioners Greengold and Greisman. Opposed, Commissioners Brown, Hauhn, and
Weaver. Motion Fails.
MOTION: Vice Chair Brown moved to approve the proposed amendment to
Section 290-19 G. Fences and Walls, as proposed, along with the minor adjustments
discussed, and transmit to the Town Council for consideration. Seconded by Chair
Greengold, all in favor.
2. Discussion of the Land Use Table, Zoning Map, and Conditional Uses – Ms. Franklin stated the
Commission began discussing the land use table and issues arising from some changes that were
made in RV1. These changes brought things out of alignment with the comprehensive plan. Ms.
Franklin also had concerns regarding the RPC overlay, as well. Several months ago, the Town
Council directed the Planning Commission to review the entire land use table, including the
conditions and standards, and make revisions that would allow for a more condensed, userfriendly document and transmit to the Council for consideration.
Ms. Franklin provided to the Commission revisions to the land use table and §290-11 of the
zoning ordinance with the intent of consolidating and simplifying the table and making the
zoning text more uniform. Ms. Franklin stated that the Commission has the benefit of legal
counsel tonight for any questions they might have. Ms. Franklin addressed issues with the
current zoning map in relation to contradictions with the RV1 and RV2 zones. Ms. Ruff defined
and addressed questions on spot zoning. There was lengthy discussion on what direction to take
with the RV1 and RV2 zones. There was conversation on possibly combining the two back into
RV but that would require a change to the comprehensive plan as well. The consensus of the
Commission was to keep the RV1 and RV2 districts, move Horizons and any town homes into
the RV2 district with a map amendment, and update the land use table so that once it’s updated,
personal services are going to be permitted in Horizons, and no commercial uses in the RV1 and
RV2 except for home occupations.
The Commission briefly discussed the RPC overlay and Prohibited Uses. Ms. Franklin will be
providing definitions and specifics relating to prohibited uses to discuss at the next meeting.

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The Commission’s next meeting will be February 25, 2026, at 6 p.m.
VIII. Adjournment:
There being no further comments, Commissioner Weaver moved to adjourn the meeting at
8:20 pm. Seconded by Commissioner Hauhn, all in favor.
Submitted by,

Sharon L. Humm
Commission Clerk

This meeting can be viewed in its entirety on the Town website on the Planning Commission page
www.chesapeakebeachmd.gov.

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MEMORANDUM
To:

Chair and Members of the Planning & Zoning Commission

From: Sarah Franklin, Town Planner & Zoning Administrator
CC: Dr. Samélia Okpodu, Town Manager
Date: Jan 30, 2026
RE:

Land Use Classification table and Conditions Review

Enc: Proposed Amendments to Table 1, Rewrite of Section 290-11, & Zoning Map
For our meeting on February 4th, 2026. We will have Attorney Karen Ruff of
Levan-Ruff in attendance at the meeting. I recommend that we use her time and focus
our discussions on the following topics:
1. Overview and discussion of spot zoning.
2. RV-1 vs. RV-2 - guidelines for determining allowable uses in each district as
consistent with the Comprehensive Plan.
3. RPC overlay zone and applicability as a Zoning District.
4. Zoning Map
Please bring with you
1. December 8, 2025 Memo Re: Land Use Table
2. February 4, 2026 Planning & Zoning Meeting Packer
3. Your Zoning Map
4. Your Zoning Ordinance
5. Your copy of the Comprehensive Plan

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Proposed Amendments to Table 1 & Rewrite of Section 290-11
The attached document provides a revised Table 1 and §290-11 of the Zoning
Ordinance. I am recommending that the Planning & Zoning Commission recommend
repeal and replacement of these two items due to the amount of re-organizing of the
table and use standards. These changes consolidate and simplify the table and make
the Zoning Text more uniform. This makes identifying the uses and understanding
what is allowed more user-friendly, as well as more aligned with modern standards.
The changes that I have made are:
● Re-organized the table into six sections:
1. Residential Uses
2. Accommodations & Group Living
3. Institutional, Recreational and Educational Uses
4. Office and Commercial Uses
5. Light Industrial, Utility, and Related Uses
6. Temporary Uses
● Moved expressly prohibited uses out of Table 1 and put them in the Text as
§290-11(B). Each of these uses needs a definition. However, I believe that these
definitions can be located in §290-43, Terms Defined. This helps keep §290-11
cleaner and easier to use for the average resident or business owner.
● Simplified the descriptors in Table 1 to a few words while ensuring the original
intent of each category is maintained. While the table has a simple descriptor,
the text of 290-11(C) - (H) provides more detailed definitions and standards for
each use than the previous version of §290-11.
● Revised the title of §290-11 from “Conditions and standards for conditional and
Special Exception Uses” to the more comprehensive “Uses, Standards, and
Conditions.” This starts with a new §290-11(A) that re-states a revised
§290-10.
● Added every use listed in Table 1 to the revised §290-11, including definitions
and the necessary conditions for Conditional and Special Exception uses. In
some cases, the definitions from §290-43 were used directly, in other cases
these definitions were corrected and modernized, and in other cases new
2

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definitions were developed. This means that the P&Z Commission will need to
amend §290-43 along with §290-11.
● Standardized and simplified language throughout §290-11.
● Note:
1. We will need to discuss consideration of updates to Accessory Dwelling
Units.
2. I have removed Cannabis from expressly prohibited uses. This is in
response to changes in state law. We will need to discuss appropriate
regulations at a later date.
3. I have added Solar Energy Systems to the land use table as there are
state requirements that are standard and can be incorporated into the
ordinance at this time. I will provide draft language at a later date.
Please note that, aside from discussing changes to cannabis regulations, the changes
do not alter what uses are permitted or what conditions those uses are permitted
under. For example, the uses now listed as light industrial uses were always permitted;
they just weren’t called light industrial uses. At the same time industrial uses were
explicitly prohibited, creating confusion.
I welcome any questions or comments regarding these proposed changes and look
forward to discussing them at the next Commission meeting.
Zoning Map Amendments
The Town’s Zoning Map requires review in alignment with the process of updating the
Land Use table. I will be providing suggestions to the P&Z Commission for discussion
in the coming month.

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ZONING
290 Attachment 1
Town of Chesapeake Beach
Table 1
Land Use Classifications
KEY:
P: Permitted
NP: Not Permitted

C: Conditional Use, permitted use subject to
conditions
SE: Special Exception
SC: Special Exception, subject to conditions
Zoning Districts

Use

R-LD R-MD R-HD RV-1

RV-2

RPC

Definitions,
Standards,
& Conditions

Residential Uses
Single-family, Detached

§ 290-11C(1)

Single-family, Attached

§ 290-11C(2)

Townhouse Dwelling

§ 290-11C(3)

Multifamily Dwelling

§ 290-11C(4)

Dwelling, Accessory

§ 290-11C(5)

Dwelling Unit in
combination with
Commercial Use

§ 290-11C(6)

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R-LD R-MD R-HD RV-1

RV-2

RPC

Definitions,
Standards,
& Conditions

Bed-and-breakfast

§ 290-11D(1)

Motel/Hotel

§ 290-11D(2)

Tourist Home

§ 290-11D(3)

Residential Care Facility

§ 290-11D(4)

Group Home

§ 290-11D(5)

Dwelling for Resident
Caretaker

Use
Accomodations &
Group Living

§ 290-11D(6)

Institutional, Recreational and Educational Uses
Assembly

§ 290-11E(1)

Schools

§ 290-11E(2)

Cultural facility

§ 290-11E(3)

Day-Care Center

§ 290-11E(4)

Environmental Science

NP
P

§ 290-11E(5)

Parks & Playgrounds

§ 290-11E(6)

Governmental Facility

§ 290-11E(7)

Private Club

Water-Oriented Recreation

§ 290-11E(8)
§ 290-11E(9)

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R-LD R-MD R-HD RV-1

RV-2

RPC

Definitions,
Standards,
& Conditions

Game & Wildlife Preserves

§ 290-11E(10)

Nature Preserves

§ 290-11E(11)

Use

Office and Commercial Uses
Home Occupation, Minor

§ 290-11F(1)

Home Occupation. Major

C
NP

§ 290-11F(2)

Home Day Care

§ 290-11F(3)

Offices

§ 290-11F(4)

Medical Clinics

§ 290-11F(5)

Neighborhood Retail

§ 290-11F(6)

General Retail

§ 290-11F(7)

Personal Services

§ 290-11F(8)

General Services

§ 290-11F(9)

Tree & Plant Nurseries

Contractors Shop

Restaurant - Class I;

NP
P

§ 290-11F(12)

Restaurant - Class II

§ 290-11F(13)

Restaurant - Class III

P
NP

§ 290-11F(14)

§ 290-11F(10)
§ 290-11F(11)

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R-LD R-MD R-HD RV-1

RV-2

RPC

Definitions,
Standards,
& Conditions

Tasting Rooms

§ 290-11F(15)

Tavern

SC
SE

§ 290-11F(16)

Indoor Entertainment and
Recreation

§ 290-11F(17)

Outdoor Entertainment
and Recreation

§ 290-11F(18)

Animal Care
Establishment

§ 290-11F(19)

Cannabis

<tbd> <tbd> <tbd> § 290-11F(20)

Use

Light Industrial, Utility, and Related Uses
Craft/Artisan Assembly &
Manufacturing

§ 290-11G(1)

Automotive Service

§ 290-11G(2)

Marina

§ 290-11G(3)

Aquaculture

§ 290-11G(4)

Seafood Processing &
Fishing, Water Dependent

Data Center

§ 290-11G(6)

Bio Manufacturing

§ 290-11G(7)

Marine Storage

§ 290-11G(8)

§ 290-11G(5)

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Utilities

Use

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§ 290-11G(9)

Definitions,
Standards,
& Conditions

R-LD R-MD R-HD RV-1

RV-2

RPC

Solar Energy Systems

<tbd> <tbd> <tbd> § 290-11G(10)

Bus/transit Station

§ 290-11G(11)

Garage, Yard, Estate sale

§ 290-11H(1)

Carnival or similar
transient enterprise

§ 290-11H(2)

Building incidental to
construction

§ 290-11H(3)

TEMPORARY USES

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§ 290-10 Land Use CLASSIFICATIONS table
A. Table 1 Land Use Classifications identifies uses allowed by zone, with
cross-references for use definitions and use-specific standards/conditions
that may apply. The key for the use table is as follows:
1. (P) Permitted indicates that the use is permitted by right in the zone,
subject to all applicable regulations.
2. (C) Conditional indicates that the use is permitted provided specified
conditions are met throughout the period of use. The applicable
conditions are incorporated by reference to the appropriate section
of this ordinance within the table.
3. (SE) Special Exception Indicates that the use may be permitted by
Special Exception of the Board of Appeals in accordance with 290-12
of this Article.
4. (SC) Special Exception with Conditions indicates that a use may be
permitted by Special Exception of the Board of Appeals in
accordance with 290-12 of this Article, provided specified conditions
are met throughout the period of use. The applicable conditions are
incorporated by reference to the appropriate section of this
ordinance within the table.
5. (NP) Not Permitted indicates that the use is not permitted in the
zone.
§ 290-11. Uses, Standards, and Conditions
The specific standards and applicable conditions in this section shall be satisfied
during the period of the use and occupancy regardless of whether or not a
zoning permit is required.
A. All principal uses must comply with the standards of this section
(1) Table 1 Land Use Classifications identifies uses allowed by zone, with
cross-references for use definitions and use-specific
standards/conditions that may apply. The key for the use table is as
follows:
i.
(P) Permitted indicates that the use is permitted by right in the
zone, subject to all applicable regulations.
ii.
(C) Conditional indicates that the use is permitted provided
specified conditions are met throughout the period of use. The
applicable conditions are incorporated by reference to the
appropriate section of this ordinance within the table.

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iii.

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(SE) Special Exception Indicates that the use may be permitted
by Special Exception of the Board of Appeals in accordance with
290-12 of this Article.
(SC) Special Exception with Conditions indicates that a use may
be permitted by Special Exception of the Board of Appeals in
accordance with 290-12 of this Article, provided specified
conditions are met throughout the period of use. The applicable
conditions are incorporated by reference to the appropriate
section of this ordinance within the table.
(NP) Not Permitted indicates that the use is not permitted in the
zone.

(2) Overlay and Floating Districts
TO BE ADDED
B. Prohibited uses in all districts
The following uses are prohibited in all districts. These uses may not be permitted
by Special Exception or Variance of the Board of Appeals

(1) Casino Gambling
(2) Smoke And Vape Shops
(3) Tattoo Parlors
(4) Massage Parlors
(5) Psychic Reading Or Fortune Telling
(6) Adult Entertainment And Retail Establishments
(7) Landfills
(8) Junk And Salvage Yards
(9) Drive-In Movie Theaters
(10)Recreational Camps And Cottages
(11) Nightclubs
(12) Non-Residential Parking In A Residential District
(13) Sale or Rental of Automobiles
(14)Repair Garage or Body Shop
(15) Drive-Through Windows
C. Residential Uses
(1) Single-family, Detached
A building containing one dwelling unit on one lot and detached from
any other dwelling.

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(2) Single-family, Attached
A building containing two or three attached dwelling units which have a
common wall at the lot line between each unit and which are on
separate lots.
(3) Townhouse Dwelling
A building containing four or more attached dwelling units in a row
which have a common wall at the lot line between each unit and which
are on separate lots.
(4) Multifamily Dwelling
A building containing two or more dwelling units on a single lot having a
common roof and a common entry.
(5) Dwelling, Accessory
A dwelling unit which is either attached to a dwelling as defined herein
or is located in an accessory building, as defined herein.
Conditional use in the R-LD, R-MD, R-HD, RV-1, RV-2, RPC, NC and TC
Districts, subject to the requirements of the district where located and
the following conditions:
i.

ii.
iii.
iv.
v.

vi.
vii.

The principal dwelling shall be a single-family detached dwelling
and shall be located on a lot of at least 7,500 square feet served
by public water and sewer.
Accessory dwellings are limited to lots that are owner-occupied.
Accessory dwellings are limited to a total of 650 square feet of
floor area.
All height, area and bulk requirements shall apply to the
accessory dwelling.
The parking requirements of this chapter shall apply. Accessory
dwellings will require two off-street parking spaces in addition to
those required for the principal dwelling.
A site plan is required.
Accessory dwellings must be architecturally compatible with the
principal dwelling on the lot in terms of similarity of building

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viii.

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materials, roof type, and roof line.
Only one accessory dwelling will be allowed on a lot.

(6) Dwelling Unit in combination with Commercial Use
A dwelling or portion thereof providing complete living facilities for
one family, on a single lot having a common roof with a commercial
use. This shall not include mobile homes, habitable travel trailers, or
rooming, boarding, or lodging houses, or hotels, motels, tourist
homes, or other similar places offering overnight accommodations
for transients.
Conditional use in the RV-2, TC and RPC Districts, subject to the
requirements of the district where located and the following conditions:
i.
ii.

iii.
iv.

Parking requirements shall be met for both uses.
The commercial portion of such a combination use must be
fully utilized for more than nine months in any calendar year
so as not to reduce the commercial services made available
to the community.
The residential use must be ancillary to the commercial
portion of the building.
To retain commercial activity at the street level, the first floor
at the public street frontage shall remain in commercial use
only.
The second floor and no more than 15% of the rear portion of
the first floor, on a one- or one-and-one half story building
may be in residential use.

D. Accomodations & Group Living
(1) Bed-and-Breakfast
An owner-occupied or manager-occupied building where, for
compensation and only by prearrangement for definite periods,
lodging and meals are provided, not to exceed 90 days per year.
Limited to five guest rooms, excluding resident management.
Special Exception in the R-LD, R-MD, R-HD, RV-1, RV-2 and RPC Districts
and conditional use in the NC, TC, PC and MC Districts, subject to the
requirements of the district where located, and the following conditions:

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i.
ii.
iii.
iv.
v.
vi.

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An owner or manager lives on the premises.
The facility is part of a dwelling unit, having a common roof and
common entry.
No separate kitchens are provided.
Meals shall be provided for overnight lodgers only.
The facility is operated through a state-approved
bed-and-breakfast registry.
One off-street parking space is provided for each guest room.

(2) Motel/Hotel
A building in which lodging or boarding is provided for more than 15
persons, primarily transient, or with more than 10 guest rooms,
offered to the general public at a daily rate. Ingress to and egress
from all rooms is made through an inside lobby or office supervised
by a person in charge at all hours. This does not include boarding,
rooming, or lodging houses, or an apartment house, timeshare
facilities or condominium units. A hotel may include restaurants,
taverns, club rooms, public banquet halls, ballrooms, and meeting
rooms.
Special Exception in the TC, PC and MC Districts, subject to the
requirements of the district where located, and the following
conditions:

The applicant shall site new buildings to ensure that adjacent
properties have visual privacy and sunlight as well as
protection from the new development's site illumination,
noise, and odor, as applicable.

ii.

The applicant shall design buildings to complement and
contribute to a desirable community character in terms of shape
and style, roof lines, color, and materials.

iii.

Accessory uses may include a gift shop, beauty shop,
barbershop, restaurant, cocktail lounge/nightclub,
auditorium/meeting room facilities, and similar retail stores and
commercial establishments.

iv.

Circulation and parking shall be adequate to fulfill requirements
of all proposed uses, principal and accessory. The Planning &
Zoning Commission may require a traffic analysis provided by
the applicant demonstrating adequacy of the system.

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The applicant shall design and site buildings to screen from
public view unsightly elements such as shipping and loading
areas, transformers, dumpsters, and meters.

vi.

The applicant shall design the building roof to screen
mechanical equipment from public view and to contribute to an
attractive streetscape.

vii.

The applicant shall develop the public streetscape between the
building and the street curb as a safe and convenient pedestrian
way with attractive amenities such as paving, lighting, seating,
shelter, and landscaping.

viii.

The applicant shall design fences and retaining walls that are
consistent in materials and quality with that of the building and
the adjacent properties.

ix.

The applicant shall design and locate signs so that their
illumination is directed away from adjacent properties.

The applicant shall integrate ground signs into the design of the
site and the streetscape.

(3) Tourist Home
A residential building, that is rented commercially in whole or in part,
or a separate dwelling unit accessory to such a building that is rented
commercially, in which paying guests are provided, with or without
prearrangement.
(4) Residential Care Facility
A licensed care facility that provides 24-hour medical or non-medical
care to persons in need of personal services, supervision, protection, or
assistance essential for sustaining the activities of daily living. Residential
care facilities include nursing homes, orphanages, independent living,
assisted living, continuum of care, and hospice facilities.
(5) Group Home

Any residential structure used to provide assisted community living for
persons with physical, mental, emotional, familial, or social difficulties.
(6) Dwelling for Resident Caretaker
A building on a permanent foundation arranged or designed to
provide living facilities for a resident caretaker.

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E. Institutional, Recreational and Educational Uses
(1) Assembly
A facility that has organized services, meetings, events, or programs
to benefit, educate, entertain, or promote discourse in a public or
private setting.
Special Exception in the NC District, subject to the requirements of
the district where located, and the following conditions:
i.
Minimum lot area shall be one acre.
ii.
Minimum lot width shall be 200 feet.
iii.
No part of any building shall be located within 50 feet of any
adjoining property line in separate ownership.
iv.
Building coverage shall not exceed 25% of the lot.
v.
Screening and buffers shall be provided where the lot abuts
residentially used properties or where the site abuts any
residential zoning district.
vi.
Parking requirements shall be met on-site.
vii.
Housing for religious personnel shall meet the minimum
requirements of the applicable residential use.
(2) Schools
A public, private, or parochial institution offering instruction at the
elementary through high school levels with a full range of curricular
programs.
Special Exception with Conditions use in the MC District, subject to
the requirements of the district where located, and the following
conditions:
i.
ii.
iii.
iv.

Minimum lot area shall be one acre.
Minimum lot width shall be 200 feet.
No part of any building shall be located within 50 feet of any
adjoining property line in separate ownership.
Dormitories or other living accommodations for faculty or
students shall meet the minimum requirements of the
applicable residential use.

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(3) Cultural Facility
A facility open to the public for cultural services and exhibitions, such
as a library, museum, community center, adult education center, or
similar open to the public or connected with a permitted use and not
conducted as a private business.
Special Exception with Conditions in the NC District, subject to the
requirements of the district where located, and the following
conditions:
i.
The minimum lot area shall be 10,000 square feet.
ii.
No part of any building shall be located within 30 feet of any
adjoining property in residential use.
iii.
Vegetative screening and buffers shall be provided on all lot
lines that abut properties in residential use.
iv.
No outdoor active recreational area shall be located nearer to
any lot line than the required yard setback.
v.
Any new buildings shall be designed to be architecturally
harmonious with buildings in the neighborhood including
but not limited to building facade orientation, building scale
and massing, materials, colors, roofs and roof lines.
(4) Day-Care Center
A business that provides licensed care to five or more children or
adults for less than 24 hours a day, this includes a nursery school,
kindergarten, or other agency giving care to persons as a commercial
operation.
Special Exception in the NC and PC Districts, subject to the
requirements of the district where located, and the following
conditions:
i.
The minimum lot area shall be 20,000 square feet plus 2,500
square feet of lot area for each person cared for above 10
persons.
ii.
No part of any building shall be located within 30 feet of any
adjoining property in residential use.
iii.
Vegetative screening and buffers shall be provided where the
lot abuts residentially used properties.
iv.
Any outdoor play active recreational area shall be located in

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the rear yard and its boundary shall be at least 10 feet from
the rear lot line and not nearer to any other lot line than the
required yard setback.
Outdoor play areas shall be sufficiently screened and
sound-insulated so as to protect the neighborhood from
noise and other disturbances. To fulfill this requirement,
screening may be located anywhere on the lot as needed.
Any new buildings shall be designed to be architecturally
harmonious with buildings in the neighborhood, including
but not limited to building facade orientation, building scale
and massing, materials, colors, roofs and roof lines.

(5) Environmental Science
Research and educational uses including nature centers related to
environmental sciences.
Conditional use in the RC District, subject to the requirements of the
district where located and the following conditions:
i.
ii.

iii.

iv.

Accessory uses shall only be those intrinsically related to the
research or educational mission of the principal use.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable use
of the property and, where feasible, pervious surfaces should be
used as an alternative.
No building shall be permitted which exceeds a footprint of
2,000 square feet.

(6) Parks and Playgrounds
Open space, including any buildings or other structures designated
and used for active or passive recreation, including, playgrounds, ball
fields, tennis/basketball courts, swimming pools, walking trails, picnic
areas, and accessory structures.

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Permitted in the R-LD, R-MD, R-HD, RV-1, RV-2, RPC, NC, TC, PC, and
MC zones.
Special Exception in the RC District, subject to the requirements of the
district where located and the following conditions:
i.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
ii.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable
use of the property and, where feasible, pervious surfaces
should be used as an alternative.
(7) Governmental Facility
A government building or recreational facility that is owned and
operated by Chesapeake Beach or other governmental agency.
Conditional use in the RC District, subject to the requirements of the
district where located and the following conditions:
i.
No building shall be permitted except that necessary for the
purposes of managing the land or water resources or
enhancing the low-impact experience of the natural
environment.
ii.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
iii.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable
use of the property and, where feasible, pervious surfaces
should be used as an alternative.
iv.
No building shall be permitted which exceeds a footprint of
2,000 square feet.

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(8) Private Club
An establishment, building, facility, or grounds owned or operated by
a non-profit corporation, association, or group of persons for social,
fraternal, religious, political, civic, or recreational purposes. The facility
must be operated primarily for the benefit of its members and their
guests and not for the general public as a gainful business. This
includes fraternal organizations and lodges, yacht clubs, sailing clubs,
country clubs, and social or service clubs.
(9) Water-Oriented Recreation
Sailing schools, boat rentals and storage and similar water-oriented
recreational uses.
Special Exception with in the RC District, subject to the requirements
of the district where located and the following conditions:
i.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
ii.
The use shall be limited to waterfront properties or to
properties that are contiguous to, and functionally connected
with, waterfront properties.
iii.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable
use of the property and, where feasible, pervious surfaces
should be used as an alternative.
iv.
No building shall be permitted.
(10)Game and Wildlife Preserves
Land used for the raising, breeding, and/or hunting of wildlife for sport or
food. includes commercial hunting operations and regulated shooting
grounds licensed by the state of Maryland. This does not include
shooting ranges.
Conditional use in the RC District, subject to the requirements of the

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district where located and the following conditions:
i.
Accessory uses shall only be those intrinsically related to the
game, wildlife, nature, or educational mission of the principal
use.
ii.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
iii.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable
use of the property and, where feasible, pervious surfaces
should be used as an alternative.
iv.
No building shall be permitted which exceeds a footprint of
2,000 square feet.
(11) Nature Preserves
Land managed solely for the conservation of natural resources and
wildlife habitat. Uses are limited to passive recreation such as hiking,
photography, and nature study. Motorized vehicle use and the
discharging of firearms are prohibited, except for limited management
purposes authorized by the state. This does not include shooting ranges.
Conditional use in the RC District, subject to the requirements of the
district where located and the following conditions:
i.
Accessory uses shall only be those intrinsically related to the
game, wildlife, nature, or educational mission of the principal
use.
ii.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
iii.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable
use of the property and, where feasible, pervious surfaces
should be used as an alternative.

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No building shall be permitted which exceeds a footprint of
2,000 square feet.

F. Office and Commercial Uses
(1) Home occupation, Minor
A home occupation is a business or commercial activity that a
permanent resident conducts within their residence, and which the use
is clearly secondary to the primary use as a residence. A minor home
occupation must have little or no negative impact on the neighborhood
where the business is located.
Conditional use in the RV-1, R-LD, R-MD, R-HD, and RPC Districts, subject
to the requirements of the district where located, except as herein
provided:
i.
The occupation is conducted entirely within the PRINCIPAL
dwelling.
ii.
The occupation uses no more than 30% of the principal dwelling
floor area.
iii.
All employed are permanent residents in the dwelling.
iv.
No outside storage of equipment, materials or items to be
repaired or sold shall be permitted.
v.
No article or commodity is offered for sale or is publicly displayed
on the premises.
vi.
No visible display of products may be shown from outside the
dwelling, and no advertising visible outside the premises shall
be permitted.
vii.
The occupation shall not require any additional parking or
loading beyond that required for the primary dwelling.
viii.
No on-site retail sales are conducted on the premises.
ix.
The establishment or operation of a home occupation shall be
harmonious with the character of neighboring residential uses
and shall not create traffic (pedestrian or vehicular) or parking
demands out of character with neighboring properties.
(2) Home occupation, Major
A home occupation is a business or commercial activity that a
permanent resident conducts within their residence, and which the
use is clearly secondary to the primary use as a residence. A major

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home occupation must have minimal impact on the neighborhood
where the business is located.
Conditional use in the RV-2, NC, TC, PC and MC Districts, subject to
the requirements of the district where located, and the following
conditions:
i.

ii.

iii.

iv.
v.
vi.

vii.

viii.

ix.
x.

xi.

The occupation is conducted entirely within the dwelling and/or
accessory building and is clearly secondary to the use of the
dwelling for residential purposes.
The gross floor area of the home occupation over all buildings on
the property uses no more than 40% 30% of the principal
dwelling floor area.
All employed are permanent residents in the dwelling, except
that one full-time nonresident employee may be on the
premises.
No outside storage of equipment, materials or items to be
repaired or sold shall be permitted.
No article or commodity is offered for sale or is publicly displayed
on the premises except those incidental to the services offered.
No visible display of products may be shown from outside the
dwelling, and no advertising visible outside the premises shall
be permitted, other than the permitted home occupation
announcement sign.
No exterior alterations, additions, or changes to the structure
shall be permitted in order to accommodate or facilitate a home
occupation.
Besides the required parking for the dwelling unit, additional
parking located to the side or rear yard shall be provided as
follows: one space for the nonresident employed on the
premises and other parking must comply with section 290-20.
A nameplate not larger than two square feet attached to the
building and illuminated only by indirect lighting is permitted.
The establishment or operation of a home occupation shall be
harmonious with the character of neighboring residential uses
and shall not create traffic (pedestrian or vehicular) or parking
demands out of character with neighboring properties.
A zoning permit is obtained.

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(3) Home day care
A business that provides licensed care to five or more children or
adults for less than 24 hours a day that is run out of a residential
home.
Conditional use in the RV-1, RV-2, RPC, NC and PC Districts, subject to
the requirements of the district where located, and the following
conditions:
i.
Applicant shall meet the requirements of state and local health
departments.
ii.
All such uses shall be located so as to permit the safe pickup
and delivery of all persons on the site.
iii.
The operation shall meet the individual parking requirements
of home day-care businesses in addition to any residential
parking requirements for the dwelling in which the operation
is located.
iv.
The home is the primary residence of the owner and operator
of the daycare center.
(4) Offices
A facility for the processing, manipulation, or application of business
information or professional expertise, and which may or may not offer
services to the public. An office is not materially involved in
fabricating, assembling, or warehousing of physical products for the
retail or wholesale market, or engaged in the repair of products or
retail services.
Conditional use in the RV-1, RV-2, NC, TC, PC and MC Districts, subject
to the requirements of that district, and the following conditions:
i. The principal building shall be no closer than 20 feet to any lot
line that adjoins a property in residential use.
ii. Off-street parking shall be provided in the side or rear yard and
shall be completely screened from view of adjoining residential
properties.
iii. To reduce the impact of traffic and parking, the total floor area
devoted to the use shall be limited to 6,000 square feet (in
addition to any basement or attic areas used solely for storage).
iv. Vegetative screening and buffers shall be provided along lot lines
that abut properties in residential use.
v. Any new buildings shall be designed to be architecturally

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harmonious with buildings in the neighborhood, including but
not limited to building facade orientation, building scale and
massing, materials, colors, roofs and roof lines.
Signage shall be limited to one freestanding sign of no more than
two square feet identifying the name and number of the building
or premises unless the property fronts on more than one street, in
which case one such sign may be erected on each frontage.

(5) Medical offices & clinics
Offices or clinics for medical or dental examination or treatment of
persons as outpatient, including laboratories incidental thereto.
Conditional use in the NC, TC, PC and MC Districts, subject to the
requirements of that district, and the following conditions:
i.
The principal building shall be no closer than 20 feet to any
lot line that adjoins a property in residential use.
ii.
Off-street parking shall be provided in the side or rear yard
and shall be completely screened from view of adjoining
residential properties.
iii.
To reduce the impact of traffic and parking, the total floor
area devoted to the use shall be limited to 6,000 square feet
(in addition to any basement or attic areas used solely for
storage).
iv.
Vegetative screening and buffers shall be provided along lot
lines that abut properties in residential use.
v.
Any new buildings shall be designed to be architecturally
harmonious with buildings in the neighborhood, including
but not limited to building facade orientation, building scale
and massing, materials, colors, roofs and roof lines.
vi.
Signage shall be limited to one freestanding sign of no more
than two square feet identifying the name and number of the
building or premises unless the property fronts on more than
one street, in which case one such sign may be erected on
each frontage.
(6) Neighborhood Retail
Small-scale retail establishments of no more than 3,000 square feet
carrying one type of interrelated goods. Neighborhood retail uses
include those listed in the table to neighborhood retail uses below.

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Table of Neighborhood Retail uses
Art studio, gallery & sales
Antique Shop
Apparel, shoe, accessory store
Bicycle & accessory sales
Bookstore
Craft Store
Drug/Cosmetic Store
Fabric/Sewing supply Store
Florist Shop
Framing Shop
Gift Shop
Grocery Store
Hardware Store
Home furnishings & Accessories
Jewelry Store
Optical goods
Magazine/Newspaper sales
Party supply Shop
Specialty foods
Sporting goods
Stationary Store
Toys/baby supplies

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Conditional use in the RV-1 District, subject to the requirements of
the district where located, and the following conditions:
i.
The use shall be an integral part of an existing and otherwise
permitted mixed-use commercial and multifamily
development that was permitted, platted, and recorded prior
to January 20, 2005.
(7) General Retail
Sales establishments that meet the diverse consumption needs of
the surrounding community and passing traffic. These uses are
located on arterial roads and not on neighborhood streets.
General retail uses include those listed in the table of neighborhood
retail in §290-11(E)(8), and those additional uses listed in the table of
general retail uses.
Table of General Retail uses
Appliance and furniture repair
Automotive supply (no service)
Computer software sales & leasing
Department store
Discount store
Medical supply store
Outdoor recreation equipment
Pharmacy

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(8) Personal Services
A commercial business primarily engaged in providing services to an
individual. These services are generally provided on the premises and
may include the incidental sale of retail products associated with the
service. Personal service uses include those listed in the table of
personal service uses below
Table of personal service uses
Barbershops
Dry cleaning (receiving stations)
Fitness/recreational studios
Insurance
Laundry
Locksmith
Therapeutic massage, licensed proprietor
Photography studio
Physical therapy
Real estate
Recreational/fitness studio
Repair shops for any goods that are permitted
to be sold in the district
Salons
Spa
Travel agency

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Conditional use in the RV-1 District, subject to the requirements of
the district where located and the following conditions:
i.
The use shall be an integral part of an existing and otherwise
permitted mixed-use
(9) General Services
A Commercial business primarily engaged in providing services to
the general public, businesses, or government entities, involving the
repair, maintenance, servicing, or the provision of support services.
These services are generally provided on the premises and may
include the incidental sale of retail products associated with the
service. This use does not include the outside storage of materials or
heavy industrial processing.
General service uses include those listed in the table of personal
services in §290-11(E)(9), and those additional uses listed in the table
of general services.
Table of general services
Contractors Shop
Dancing School
Financial services, Bank
Mailing & Shipping
Music or Art Studio
Plumbing Shop
Printing & Copying
Professional school

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Theaters

(10)Tree and Plant Nurseries
Retail sale of living plants, trees, and shrubs, including the sale of related
items.
(11) Contractors Shop
A business engaged in construction, demolition, maintenance, or repair
of buildings, structures, or infrastructure, or the design, installation,
maintenance, or removal of vegetation, landscaping, hardscaping, or
snow. Includes the storage of construction vehicles, heavy equipment,
trailers, administrative offices, and materials associated with the
business.
(12) Restaurant, Class I1
A business where food and beverages are prepared for and served to
patrons for consumption primarily on-premises in a ready-to-consume
state. Patrons are customarily provided with menus and are served their
food or beverages by a restaurant employee at the same table or
counter at which the food is consumed.
i.
Carryout goods may constitute no more than 10% of the
business.
ii.
May include a bar, dancing, and live entertainment as regulated
within the specific zoning districts.
iii.
Outdoor dining is permitted.
iv.
Drive-up services are not permitted.
v.
The sale of alcohol for on-premises consumption is permitted.
vi.
The sale of alcohol is incidental to the sale of food.
vii.
Catering or delivery is permitted as an accessory use.
Drafters note: Previously, Restaurant Classes went from more to less intense, this is
contradictory to how the other uses in the ZO are set up, for this reason the definitions
of Class I and Class III restaurants have been swapped.

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(13) Restaurant, Class II
A business where food and beverages are prepared for and served to
patrons for consumption either on or off-premises. Food items prepared
for consumption generally are not prepackaged but are made to specific
order. Includes bakeries, bakeshops, candy or ice cream stores.
i.
A limited number of prepackaged items may be sold but only as
accessory to the principal use of service of food for immediate
consumption.
ii.
May not have bars, dancing, live entertainment, or drive-in,
drive-through service windows.
iii.
The establishment does not provide more than 10 seats.
iv.
Outdoor dining is permitted.
v.
The service of beer and wine only is permitted on the premises
with meals.
vi.
The sale of alcohol other than beer or wine for on-premises
consumption is not permitted.
vii.
The sale of alcohol for off-premises consumption requires
separate approval for an alcohol sales establishment.
(14)Restaurant, Class III2
A business where food and beverages are prepared for and served to
customers for consumption primarily off-premises. Foods and beverages
are served to customers in a ready-to-consume state, for consumption
off of the premises.
i.
May have sit-down seating and delivery service.
ii.
May not have bars, dancing, live entertainment..
iii.
May have drive-up services.
iv.
Outdoor dining is permitted.
v.
The sale of alcohol for on-premises consumption requires
separate approval as a tavern.
vi.
The sale of alcohol for off-premises consumption requires
separate approval for an alcohol sales establishment.

*Drafters note: Previously, Restaurant Classes went from more to less intense, this
seemed contradictory to how the other uses are set up, for this reason the definitions of
Class I and Class III restaurants have been swapped.

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(15) Tasting Rooms
An on-site tasting room for the retail sale of beverages for on and
off-premises consumption. The beverage offered for sale must be
produced by the facility that is a limited winery, micro-brewery, or
limited distillery. The facility must have a valid and current Class 4, 7, or 9
license, respectively, under the Alcoholic Beverages and Cannabis Article
of State Code.
i.
ii.
iii.
iv.

v.
vi.
vii.

For a limited winery the production quantities shall not exceed
the limits established for a Class 4, Limited Winery License.
For a microbrewery the production quantities shall not exceed
the limits established for a Class 7, Micro-Brewery License.
For a microdistillery the production quantities shall not exceed
the limits established for a Class 9, Limited Distillery License.
A limited number of prepackaged items may be sold but only as
accessory to the principal use of service of alcohol for immediate
consumption.
May not have bars, dancing, live entertainment.
The establishment does not provide more than 20 seats.
Outdoor dining is permitted.

(16)Tavern
A business where beverages are prepared for and served to customers
for consumption primarily off-premises. If food is sold, the sale of food is
incidental and secondary to the sale of alcohol.
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.

Carryout food may constitute no more than 10% of the business.
May include a bar, dancing, and live entertainment as regulated
within the specific zoning districts.
Outdoor dining is not permitted.
Drive-up or drive-through services are not permitted.
The sale of alcohol for off-premises consumption requires
separate approval for an alcohol sales establishment.
No permanent space is dedicated for live entertainment.
No admission is charged for live entertainment.
When live entertainment is offered, it is clearly incidental and
subordinate to the tavern use.

Special Exception in the TC, PC and MC Districts, subject to the

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requirements of the district where located.
(17) Indoor Entertainment and Recreation
A facility operated as a business providing active or passive
recreational, entertainment, or athletic activities entirely within an
enclosed building, includes facilities for organized sports,
amusement, and leisure activities.
i.
Noise and visual impacts must be contained within the
structure.
ii.
Does not include a bar, restaurant, or nightclub.
Special Exception in the TC, PC and MC Districts, subject to the
requirements of the district where located.
(18)Outdoor Entertainment and Recreation
A facility operated as a business providing recreational or amusement
activities primarily conducted in open or partially enclosed structures.
i.
Noise and visual impacts must be appropriately buffered
from any nearby residential areas.
ii.
Does not include a bar, restaurant, or nightclub.
Special Exception in the TC, PC and MC Districts, subject to the
requirements of the district where located
(19)Animal Care Establishment
A business which provides care for domestic animals, including
veterinary offices for the immunization, diagnosis, or treatment of
animals, where animals may be boarded during their convalescence,
includes pet grooming facilities.
Special Exception in the TC, PC and MC Districts, subject to the
requirements of the district where located:
i.
Minimum lot area shall be 20,000 square feet.
ii.
All operations in connection with the clinic must be conducted
indoors.
iii.
Vegetative landscaping shall be used along the side lot lines
when the site adjoins a residential lot and must include no
less than two sets of coniferous plantings with five-foot
separation plus a hedge.

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iv.
v.
vi.
vii.
viii.
ix.

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No crematorium or incinerator device may be used on the
site in conjunction with the clinic operations.
The site may not be operated as a kennel, though overnight
stays by pets receiving medical care may be permitted.
No work on large animals (bovine or equine) is to be performed
on the premises.
Exterior exercise areas must be located to the rear or interior side
of the principal building on the lot.
Any exterior exercise areas must be designed to provide shelter
against weather.
Fencing of exterior exercise areas is required. Fencing must be a
minimum of seven feet in height to prevent escape, and must
be buried a minimum of one foot to prevent escape by digging
beneath the fence.

(20)CANNABIS
TO BE ADDED
G. Light Industrial, Utility, and Related Uses
(1) Craft/Artisan Assembly and Manufacturing
A manufacturing use involving small-scale production or assembly with
no noxious by-products, and which may include a showroom or ancillary
sales of products, including cabinet making, woodworking, glass
making, blacksmithing, boat building, and sail manufacturing.
i.
ii.

No processes or equipment may be used that creates heat,
glare, dust, smoke, fumes, odors, or vibration detectable off the
property.
Outdoor storage is prohibited.

(2) Automotive Service
A business that offers routine maintenance and minor repairs to
motor vehicles.
Special Exception with Conditions use in the TC District, subject to
the requirements of the district where located, and the following
conditions:
i.
All activities, except for those to be performed at the fuel

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ii.

iii.
iv.
v.
vi.
vii.

viii.
ix.

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pumps, shall be performed within a completely enclosed
building.
No fuel pump, oil draining pit, or other vehicle appliance for
serving automobiles shall be located within 15 feet of a
right-of-way.
Bulk storage of flammable liquids shall be underground.
The entrance and exit of any such establishment shall be at
least 50 feet from any residential lot.
No storage or stockpiling of tires or any trash shall be permitted.
All inoperative vehicles shall be completely screened from
view of rights-of-way and adjoining properties.
An area, enclosed by a wall or fence, screened from view of
adjoining properties and rights-of-way shall be established
whenever outdoor storage is required.
No fuel pumps, structures or buildings shall be erected within
150 feet of any dwelling.
All lights shall be diverted toward the station or downward on
the lot.

(3) Marina
A commercial facility for the mooring, berthing, storing, or securing of
watercraft for compensation.
Special Exception with Conditions use in the MC District, subject to the
requirements of the district where located, and the following conditions:
i.
The Marina shall comply with all Town, state, and federal
codes, regulations, laws, and ordinances.
ii.
The proposed design shall be satisfactory as regards such
safety features as the location of fueling points, fuel storage,
the effect on navigation, the possibilities for water pollution,
and service by fire hydrants.
iii.
The projection of docks, wharves, and piers into waterways
shall be limited by applicable Town, state and federal laws.
iv.
Groins, levees, bulkheads, pilings, breakwaters, and other
similar structures shall be erected and maintained in
accordance with applicable location and construction
standards of the Town, state, and other required regulatory
agencies.
v.
Adequate sanitary facilities shall be provided. The Planning

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vi.

vii.

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Commission may specify the number.
Each marina shall maintain fire suppression and prevention
equipment and facilities and shall conform to the
requirements of the State Fire Marshal. Interior roadways shall
be of sufficient width and maintenance to accommodate fire
and emergency equipment.
Containerized trash receptacles shall be required within a
reasonable distance of all piers.

(4) Aquaculture
The commercial rearing, farming, and harvesting of finfish, shellfish, and
aquatic plants for sale, trade, or barter. Includes the cultivation of marine
life in natural water bodies or man-made ponds.
Special Exception with Conditions in the RC District, subject to the
following conditions:
i.
The use shall be limited to waterfront properties or to
properties that are contiguous to, and functionally connected
with, waterfront properties.
ii.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
iii.
There shall be only species that are native to this region.
iv.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable use
of the property and, where feasible, pervious surfaces should be
used as an alternative.
(5) Seafood Processing & Fishing, Water dependent
A facility or area used for the berthing of commercial fishing vessels and
the unloading, weighing, sorting, and temporary storage of finfish,
shellfish, or other marine resources.
(6) DATA CENTER
TO BE ADDED

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(7) Bio Manufacturing
A facility primarily engaged in the research, development, and controlled
testing manufacturing, compounding, processing, assembly, packaging,
or treatment of chemical, biological, or pharmaceutical products,
bio-medical technologies, medical equipment. This use includes
laboratories, administrative offices, and prototype development.
i.

Facilities operating at biosafety level 3 (bsl-3) or higher, as
defined by the U.S Centers for Disease Control (CDC), shall
require a Special Exception (conditional use) approval. Facilities
operating at bsl-4 are prohibited.

ii.

All storage of hazardous materials, compressed gases, or
chemical solvents must be contained within the principal
building or in approved accessory structures.

(8) Marine Storage
Storage in association with permitted Marina activities
Special Exception with Conditions use in the RC District, subject to
the following conditions:
i.

ii.
iii.

The use shall be limited to permitted marine commercial
activities located on the same property or a contiguous property
where there is a direct and functionally connected relationship.
Clearing of forested land to accommodate the use is strictly
prohibited.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable use
of the property and, where feasible, pervious surfaces should be
used as an alternative.

(9) Utilities
Facilities and services that primarily serve local distribution needs,
including, but not limited to, water and sewer pump stations,
electrical transformer stations, and structures housing switching
equipment and regulators, tower transmission line right-of-way,
towers, and radio and/or television transmitter tower, cellular tower,
etc., water reclamation plant, water treatment, water towers, water
pumping stations.
Special Exception with Conditions in all districts, subject to the

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requirements of the district where located, and the following
conditions:
i.
In any residential district, the proposed use at the location
selected is necessary for public convenience and service and
cannot be supplied with equal public convenience if located
elsewhere.
ii.
In any residential district, whenever practicable, buildings and
structures shall have the exterior appearance of residential
structures.
iii.
In any residential district, neither public business office nor
any storage yard or storage building is operated in
connection with it.
iv.
In the case of radio, cellular, and/or television transmitter
towers, any such tower shall be located a distance equal to its
height plus 50 feet from all lot lines.
v.
There shall be no electrical disturbance emanating from any
use or lot which would adversely affect the operation of any
equipment on any other lot or premises.
vi.
Transmission and distribution facilities should be located
underground unless cause can be shown why they cannot be
placed underground.
(10)SOLAR ENERGY SYSTEMS
TO BE ADDED
(11) Bus/Transit station
A facility designated for the loading and unloading of passengers from
bus, rail, or other public transportation services. Does not include the
housing, storage, maintenance, and repair of public transportation
vehicles.
H. TEMPORARY USES
(1) Garage, Yard, Estate Sales:
A temporary event held on a residential premise for the sale of used
household goods, personal property, or unwanted items accumulated by
the residents of the dwelling.

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Conditional use in all Districts, subject to the requirements of the
district where located, and the following conditions:
i.
Articles for sale consist of personal possessions of the seller.
ii.
Such sales are not conducted in the same location more than
four times per year.
iii.
Sales are conducted between the hours of 8 AM and 6 PM
(2) Carnival or similar Transient Enterprise
A temporary outdoor establishment involving the set-up of
amusement rides, games of chance or skill, animal shows, aerial
performances, or similar entertainment activities. This use includes
associated concession stands, temporary structures, and mechanical
equipment.
Special Exception with Conditions use in the PC District, subject to
the requirements of the district where located, and the following
conditions:
i.

ii.
iii.
iv.

Must be conducted by a registered non-profit organization,
place of worship, volunteer fire department, or school located
within the town.
The primary purpose of this event is fundraising or
community engagement.
The use shall not exceed 10 days in duration and shall not
include any permanent structures.
The Town Administrator may require a refundable site
restoration bond to ensure the removal of all trash, debris,
and temporary structures within 48 hours of the event's
conclusion.
Any event anticipated to attract more than ___ attendees at
one time must submit a traffic control and parking plan
approved by the Town Administrator.

(3) Building incidental to construction
A temporary building, mobile unit, or trailer used for the storage of
construction materials, tools, or as a field office for the management of
an active construction project on the same or an adjacent lot. This is a
non-residential building.

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Conditional use in the TC, PC and MC Districts, subject to the
requirements of the district where located, and the following
conditions:
i.
Provided that it is removed when construction is finished.
ii.
If the permit expires, is revoked, or if construction activity ceases
for a period of 60 consecutive days, the temporary building must
be removed.
iii.
The temporary structure is permitted for a period of one year.
A one-year extension may be permitted upon application to
the Public Works/Zoning Administrator.

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This section is the Town’s current definitions. As the definitions in Section 290-11
are finalized amendments to this section will be drafted to add new definitions
and replace definitions that have been updated.

§ 290-43. Terms defined.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE — Any premises from which minors are excluded and in
which the retail sale of books, magazines, newspapers, movie films, devices,
slides, or other photographic or written reproductions is conducted as a
principal use of the premises; or as an adjunct to some other business activity,
but which constitutes the primary or a major attraction to the premises.
ADULT NIGHTCLUB, BAR, RESTAURANT, OR SIMILAR ESTABLISHMENT — An
entertainment establishment which features go-go dancers, exotic dancers,
strippers, male or female impersonators, or similar entertainers.
ALTERATIONS — As applied to a building structure, a change or
rearrangement in the structural parts, or an enlargement, whether by
extending on a side or by increasing in height, or the moving from one
location to another.
AREA, GROSS — All the area within a parcel, inclusive of steep slopes, local
access streets or alleys, off-street parking spaces, recreation sites, floodplains,
and wetlands.
AREA, GROSS FLOOR — The usable space contained within a structure. For a
residential application, the floor area is included if it is a basement area over
3.5 feet above grade, an attic area which has a ceiling seven feet or more in
height, or any areas with a ceiling height of more than five feet in height that
adjoin living areas. If the ceiling height exceeds 14 feet in any interior space,
the floor area is counted twice.
BED-AND-BREAKFAST
ESTABLISHMENT — An owner-occupied or
manager-occupied building where, for compensation and only by
prearrangement (transients only) for definite periods, lodging and meals are
provided. Such uses are limited to five guest rooms, excluding resident
management.
BUILDING — A combination of materials having a roof, to form a structure for
the shelter of persons, animals, or chattel. The word "building" shall include
any part thereof.

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BUILDING, ACCESSORY — A building subordinate to the principal building on
the same lot and used for purposes customarily incidental to those of the
principal building.
BUILDING AREA — The aggregate of the maximum horizontal cross-section
areas of all buildings on a lot, excluding cornices, unroofed porches, paved
terraces, exterior steps, eaves, and gutters.
BUILDING COVERAGE — The percentage of the lot area covered by the
building area. This percentage shall include any square footage included in
the ground floor of the gross floor area calculation.[Amended 11-17-2022 by
Ord. No. O-22-12]
BUILDING HEIGHT — A building's height shall be measured by the average
street frontage elevation, address side, (not elevated) finished lot grade, at the
primary front entrance to the building. The height shall be measured to the
highest point in the roofline, which shall include any rooftop deck, fence
railing, widows walk, or other rooftop addition.[Amended 2-7-2001 by Ord.
No. O-06-17; 11-17-2022 by Ord. No. O-22-12]
COMMERCIAL USE — An occupation, employment, or enterprise that is
carried on for profit by the owner, lessee, or licensee.
CONDOMINIUM — An ownership arrangement as defined in the Annotated
Code of Maryland, Real Property Article, Title 11. It is an estate in real property
consisting of an undivided interest in common with other purchasers in a
portion of a parcel of real property, together with a separate interest in space
in a building, such as an apartment.
CUSTOMARY HOME OCCUPATION — An activity undertaken for gain or profit
and carried on in a dwelling or building accessory to a dwelling, by members
of the family residing in the dwelling and up to one additional unrelated
person. A customary home occupation is clearly secondary to the use of the
dwelling as a residence.
DENSITY, GROSS — The number of dwelling units per gross acre of a
development parcel, inclusive of streets, open spaces, and nonbuildable areas.
DWELLING — A building on a permanent foundation arranged or designed to
provide living facilities for one or more families. The word "dwelling" shall not
be construed to include a mobile home or habitable travel trailer.
DWELLING, ACCESSORY — A dwelling unit which is either attached to a
dwelling as defined herein or is located in an accessory building, as defined
herein.
DWELLING, MULTIPLE-FAMILY — A building containing two or more dwelling
units on a single lot having a common roof and a common entry.

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DWELLING, SINGLE-FAMILY ATTACHED — A building containing two or three
attached dwelling units which have a common wall at the lot line between
each unit and which are on separate lots.[Amended 3-20-2008 by Ord. No.
O-08-1]
DWELLING, SINGLE-FAMILY DETACHED — A building containing one
dwelling unit on one lot and detached from any other dwelling.
DWELLING, TOWNHOUSE — A building containing four or more attached
dwelling units in a row which have a common wall at the lot line between
each unit and which are on separate lots.[Amended 3-20-2008 by Ord. No.
O-08-1]
DWELLING UNIT — A dwelling or portion thereof providing complete living
facilities for one family, but shall not include mobile homes, habitable travel
trailers, or rooming, boarding, or lodging houses, or hotels, motels, tourist homes, or other similar places
offering overnight accommodations for transients.
FAMILY — An individual, or two or more persons related by blood or marriage,
or group of not more than four persons not related by blood or marriage,
living together as a single housekeeping group in a dwelling unit.
GROUP HOME — Any residential structure used to provide assisted
community living for persons with physical, mental, emotional, familial, or
social difficulties.1
HOTEL — See "motel."
LIGHT INDUSTRIAL USES — A narrow range of industrial uses that are
compatible with adjacent uses to the extent that any adverse effects on
health, safety, welfare, or the environment are avoided. The uses are limited to
light manufacturing, fabricating, warehousing, and wholesale distribution in
low buildings with off-street loading and off-street parking for employees and
with access by major thoroughfares. Light industries include those which
manufacture, process, store, package or distribute goods and materials; and
are, in general, dependent on raw materials refined elsewhere.
LOT — A parcel of land used or set aside and available for use as the site of
one or more buildings and buildings accessory thereto or for any other
purpose, in one ownership and not divided by a street nor including any land
within the limits of a public or private street right-of-way. The term "record lot"
means the land designated as a separate and distinct parcel of land on a
legally recorded deed filed among the Land Records of Calvert County.
LOT, CORNER — Lot abutting two or more streets at their intersections, where
the interior angle of the intersection does not exceed 135°.
LOT, DOUBLE-FRONTAGE — An interior lot fronting on two streets.
LOT LINES — The lines bounding a lot, provided any street lines shall be
considered lot lines for the purposes of this chapter.

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LOT, WIDTH OF — The width of a lot measured at the minimum building
restriction line.
MASSAGE PARLOR — An establishment where, for any form of consideration,
massage, alcohol rub, fomentation, electric or magnetic treatment, or similar
treatment or manipulation of the human body is administered, unless such
treatment or manipulation is administered by a medical practitioner,
chiropractor, acupuncturist, physical therapist, or similar professional person
licensed by the State of Maryland. This definition does not include an athletic
club, health club, school, gymnasium, reducing salon, spa, or similar
establishment where massage or similar manipulation of the human body is
offered as an incidental or accessory service.
MOTEL, HOTEL, or MOTOR HOTEL — A building in which lodging or boarding
is provided for more than 15 persons, primarily transient, or with more than 10
guest rooms, offered to the general public at a daily rate. Ingress to and
egress from all rooms is made through an inside lobby or office supervised by
a person in charge at all hours. As such, it is open to the public, in
contradistinction to a boarding-, rooming, or lodging house, or an apartment
house, timeshare facilities or condominium units. A hotel may include
restaurants, taverns, club rooms, public banquet halls, ballrooms, and
meeting rooms.
PARKING SPACE — An unobstructed space or area other than a street or alley
that is permanently reserved and maintained for the parking of one motor
vehicle.
RESTAURANT —
I.

CLASS I — Includes fast-food restaurants. This is a type of restaurant, other
than a bakery, bakeshop, candy, or ice cream store, which provides as a
principal use the sale of foods and beverages in a ready-to-consume state,
for consumption off of the premises. These restaurants may have sit-down
seating and delivery service but may not provide dancing, live
entertainment, the service of alcoholic beverages, or a bar. They may have
some outdoor dining and drive-up services.

CLASS II — This type of food service establishment has as a substantial
portion of its business the carryout of foods for immediate consumption.
These types of restaurants may not have bars, dancing, live
entertainment, or drive-in, drive-through service windows. The

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service of alcoholic beverages shall be beer and wine only served on the
premises with meals or sold prepackaged for off-premises consumption.
The establishment does not provide more than 10 seats. Food items
prepared for consumption generally are not prepackaged but are made
to specific order. A limited number of prepackaged items may be sold but
only as accessory to the principal use of service of food for immediate
consumption. These restaurants also include restaurants that may be
considered food service marts. A food service mart is an establishment
whose principal purpose is the sale of food items for home consumption,
either prepared on the premises or prepackaged. These types of
restaurants may not have bars, dancing, live entertainment, or drive-in
windows. The service of alcohol beverages shall be beer and wine only
serviced on the premises with meals or sold prepackaged for off-premises
consumption. No seating is provided on the premises.
K. CLASS III — This type of restaurant is an establishment whose principal
business is the sale of food or beverages to the customer in a
ready-to-consume state. Carryout goods may constitute no more than
10% of the business. This type of restaurant may include a bar, dancing,
and live entertainment as regulated within the specific zoning districts.
These restaurants do not have drive-up or drive-through services.
Catering or delivery is permitted as an accessory use. Patrons are
customarily provided with menus and are served their food or beverages
by a restaurant employee at the same table or counter at which the food
is consumed.
ROOMER, BOARDER or LODGER — A person occupying any room or group of
rooms forming a single habitable unit used or intended to be used for living
and sleeping, but not for cooking or eating purposes, and paying
compensation to an owner or operator for lodging or board and lodging by
prearrangement for a week or more at a time. Any person occupying such
room or rooms and paying such compensation without prearrangement or
for less than a week at a time shall be classed for purposes of this chapter not
as a roomer, boarder, or lodger, but as a guest of a commercial establishment
(motel, hotel, tourist home).
ROOMING, BOARDING-, OR LODGING HOUSE — A building or part of a
building (other than institutional building) occupied or intended to be
occupied by three or more roomers, boarders, or lodgers.
STREET — A public or private way used or intended to be used for passage or
travel by automotive vehicles. If private, such way must be used or intended to
be used as the principal means of access to an abutting lot or lots or to more
than two dwellings on a lot on which a private way is exclusively used.
STREET LINE — The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way line, provided that where a
future right-of-way width for a street has been officially established, the street

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line shall be the side of the future right-of-way so established.
STRUCTURE — A man- or machine-made combination of materials
assembled, constructed, or erected at a fixed location, the use of which
requires location on the ground or attachment to something having location
on the ground. The word "structure" shall include any part thereof.
TOURIST HOME or SHORT-TERM RENTAL — A residential building, that is
rented commercially in whole or in part, or a separate dwelling unit accessory
to such a building that is rented commercially, in which paying guests are
provided, with or without prearrangement, overnight accommodations on a
short-term basis for commercial compensation, of a period of fewer than 30
days.[Added 11-17-2022 by Ord. No. O-22-12]
TRAILER, MOBILE HOME, TRAVEL TRAILER, TRAILER CAMP —
1.

MOBILE HOME — Any vehicle or similar portable structure with any or all
of the following characteristics:
(1) Manufactured as a relocatable dwelling unit intended for year-round
occupancy and with no need for a permanent foundation, which can
be moved upon the removal of tie-downs and surrounding decks and
the reattachment of tow bar axles and wheels.
(2) Designed to be transported after manufacture on its own permanent
chassis, with a fixed or removable tow bar, and can be moved without
the use of regular house-moving equipment.
(3) Designed to be installed as a single-wide or double-wide unit with
only incidental unpacking and assembling operations.

2. HABITABLE TRAVEL TRAILER (TRAILER) — A vehicular, portable structure
designed to be used as a temporary dwelling for travel, camping and
recreational purposes. Such units shall not include mobile homes. Such
units shall not be used as permanent dwellings.
USE, ACCESSORY — Use of a building, lot or portions thereof, which is
customarily incidental and subordinate to the principal use of the main
building or lot.
WALLS, FACING — Walls opposite to and parallel with one another and wall
lines extended of opposite walls intersecting at angles of less than 65°.
YARD —
II. FRONT — The required open space, the full width of the lot, extending
from the street line to the nearest building on the lot, exclusive of
overhanging eaves, gutters, or cornices.
III. SIDE — The required open space between a side lot line of a lot and the
nearest point of the building and extending from the front yard to the
rear yard.

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IV. REAR — The required open space, the full width of the lot, extending from
the rear property line of the lot to the nearest building on the lot,
exclusive of overhanging eaves, gutters, or cornices.

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his section includes the Town’s current definitions, they DO NOT match the
T
definitions in the newly drafted §290-11. As the definitions in §290-11 are
finalized amendments to this section will be drafted to add new definitions
and replace definitions that have been updated.
REEN TEXTshows new definitions or textstrikethroughsshow deletions of existing
G
definitions.

§ 290-43. Terms defined.
As used in this chapter, the following terms shall have the meanings indicated:
DULT BOOKSTORE ENTERTAINMENT AND RETAIL ESTABLISHMENTS — A
A
BUSINESS THAT SELLS OR DISSEMINATES EXPLICIT SEXUAL MATERIAL,
ENTERTAINMENT, GOODS OR SERVICES, AND AT WHICH ACCESS TO THE
PUBLIC DISPLAY OF EXPLICIT SEXUAL MATERIAL IS RESTRICTED BY LAW TO
PERSONS 18 YEARS OF AGE OR OLDER. THIS INCLUDES Any premises from
which minors are excluded and in which the retail sale of books, magazines,
newspapers, movie films, devices, slides, or other photographic or written
reproductionsisconductedasaprincipaluseofthepremises;orasanadjunctto
some other business activity, but which constitutes the primary or a major
attraction to the premises. ADULTNIGHTCLUB,BAR,RESTAURANT,ORSIMILAR
ESTABLISHMENT — An entertainment establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, or similar
entertainers,ADULT MASSAGE, AND OTHER SIMILAR USES.

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REA, GROSS — All the area within a parcel, inclusive of steep slopes, local
A
access streetsoralleys,off-streetparkingspaces,recreationsites,floodplains,
and wetlands.
REA,GROSSFLOOR—Theusablespacecontainedwithinastructure.Fora
A
residential application, the floor area is includedifitisabasementareaover
3.5 feet above grade, an attic area which has a ceiling seven feet ormorein
height,oranyareaswithaceilingheightofmorethanfivefeetinheightthat
adjoin living areas. If the ceiling height exceeds 14 feet inanyinteriorspace,
the floor area is counted twice.
ED-AND-BREAKFAST ESTABLISHMENT — An owner-occupied or
B
manager-occupied building where, for compensation and only by
prearrangement (transients only) for definite periods, lodging and mealsare
provided. Such uses are limited to five guest rooms, excluding resident
management.
OARDING, ROOMING,ORLODGINGHOUSES, —ABUILDINGORPORTION
B
OF WHICH IS USED BYITSOCCUPANTSTOPROVIDELODGINGANDMEALS
FOR COMPENSATION TO FOUR OR MORE, BUT NOT EXCEEDING NINE,
GUESTS. THE DWELLING UNIT SHALL CONTAIN NOT MORE THAN FIVE
GUEST ROOMS. A BOARDING OR ROOMING HOUSE SHALL NOT BE
CONSIDERED A BED-AND-BREAKFAST INN.
UILDING—Acombinationofmaterialshavingaroof,toformastructurefor
B
the shelter of persons, animals, or chattel. The word "building" shall include
any part thereof.

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UILDING,ACCESSORY—Abuildingsubordinatetotheprincipalbuildingon
B
the same lot and used for purposes customarily incidental to those of the
principal building.
UILDING AREA — The aggregate of the maximum horizontal cross-section
B
areas of all buildings on a lot, excluding cornices, unroofed porches, paved
terraces, exterior steps, eaves, and gutters.
UILDING COVERAGE — The percentage of the lot area covered by the
B
building area. This percentage shall include any square footage included in
the ground floor of the gross floor area calculation.
UILDING HEIGHT — A building's height shall be measured by the average
B
streetfrontageelevation,addressside,(notelevated)finishedlotgrade,atthe
primary front entrance to the building. The height shall be measuredtothe
highest point in the roofline, which shall include any rooftop deck, fence
railing, widows walk, or other rooftop addition.
CANNABIS — To be added
OMMERCIAL USE — An occupation, employment, or enterprise that is
C
carried on for profit by the owner, lessee, or licensee.
ONDOMINIUM — An ownership arrangement as defined in the Annotated
C
Code of Maryland,RealPropertyArticle,Title11.Itisanestateinrealproperty
consisting of an undivided interest in common with other purchasers in a
portionofaparcelofrealproperty,togetherwithaseparateinterestinspace
in a building, such as an apartment.
USTOMARYHOMEOCCUPATION—Anactivityundertakenforgainorprofit
C
andcarriedoninadwellingorbuildingaccessorytoadwelling,bymembers
of the family residing in the dwelling and up to one additional unrelated
person. A customary home occupation is clearly secondary totheuseofthe
dwelling as a residence.
ENSITY, GROSS — The number of dwelling units per gross acre of a
D
development parcel, inclusive of streets, open spaces, and nonbuildable areas.
RIVE-THROUGH WINDOWS — A WINDOW USED TO PROVIDE PRODUCTS OR
D
OR SERVICES TO PATRONS WHO REMAIN IN A VEHICLE.

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RIVEWAY — A PRIVATE WAY THAT AFFORDS MOTOR VEHICLE ACCESS
D
FROM A PUBLIC OR PRIVATE STREET INTO ABUTTING PROPERTY.
WELLING—Abuildingonapermanentfoundationarrangedordesignedto
D
provide livingfacilitiesforoneormorefamilies.Theword"dwelling"shallnot
be construed to include a mobile home or habitable travel trailer.
WELLING, ACCESSORY — A dwelling unit which is either attached to a
D
dwelling as defined herein or is located in an accessory building, as defined
herein.
WELLING,MULTIPLE-FAMILY—Abuildingcontainingtwoormoredwelling
D
units on a single lot having a common roof and a common entry.
WELLING,SINGLE-FAMILYATTACHED—Abuildingcontainingtwoorthree
D
attached dwelling units which have a common wall at the lot line between
each unit and which are on separate lots.
WELLING, SINGLE-FAMILY DETACHED — A building containing one
D
dwelling unit on one lot and detached from any other dwelling.
WELLING, TOWNHOUSE — A building containing four or more attached
D
dwelling units in a row which have a common wall at the lot line between
each unit and which are on separate lots.
WELLING UNIT — A dwelling or portion thereof providing complete living
D
facilities for one family, but shall not include mobile homes, habitable travel
trailers, or rooming, boarding-
, or lodging houses, or hotels, motels, tourist homes, or other similar places
offering overnight accommodations for transients.
AVE — THE JUNCTION OF A BUILDING WALL AND AN OVERHANGING
E
ROOF.
FACADE — THE EXTERIOR WALL OF A BUILDING

AMILY—Anindividual,ortwoormorepersonsrelatedbybloodormarriage,
F
or group of not more than four persons not related by blood or marriage,
living together as a single housekeeping group in a dwelling unit.
ENCE — ANY ARTIFICIALLY CONSTRUCTED BARRIER OF ANY MATERIAL
F
OR COMBINATION OF MATERIALS ERECTED TO ENCLOSE OR SCREEN
AREAS OF LAND.
ORTUNE TELLING OR PSYCHIC READING — THE PRACTICE OF REVEALING
F
THE PAST, PRESENT, OR FUTURE FORTUNE OR EVENTS OF ANYONE'S LIFE, OR
41

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URNISHING ANY INFORMATION NOT OTHERWISE OBTAINABLE BY THE
F
ORDINARY PROCESSES OF KNOWLEDGE, BY MEANS OF ANY OCCULT OR
PSYCHIC POWER, FACULTY, OR FORCE, CLAIRVOYANCE, CARTOMANCY,
PHRENOLOGY, OR BY ANY OTHER MEANS OR DEVICE WHATSOEVER, FOR PAY
OR COMPENSATION.
GAMBLING — to be added
ROUP HOME — Any residential structure used to provide assisted
G
community living for persons with physical, mental, emotional, familial, or
social difficulties.1
HOTEL — See "motel."
UNK AND SALVAGE YARDS — ANY LAND OR BUILDING USED FOR THE
J
ABANDONMENT, STORAGE, KEEPING, COLLECTING, SALVAGE, SALE,
EXCHANGE, DISASSEMBLING, WRECKING, BALING, RECYCLING, OR
HANDLING OFPAPER,RAGS,WOOD,SCRAPMETALS,OROTHERSCRAPOR
DISCARDED MATERIALS. THIS INCLUDES THE STORAGE OR DISMANTLING
OF AUTOMOBILES OR OTHER VEHICLES AND EQUIPMENT NOT IN
OPERABLE CONDITION. IT DOES NOT INCLUDE PAWN SHOPS, ANTIQUE
SHOPS, OR BUILDINGS FOR THE SALE AND STORAGE OF USED FURNITURE.
ANDFILLS — A FACILITY OR ENGINEERED SITE THAT COLLECTS AND
L
DISPOSESOFSOLIDWASTEUNDERSTATEOFMARYLANDREQUIREMENTS.
THIS TERM INCLUDES, BUT IS NOT LIMITED TO, SANITARY LANDFILLS,
RUBBLELANDFILLS,LAND-CLEARINGDEBRISLANDFILLS,ANDINDUSTRIAL
WASTE LANDFILLS PERMITTED BY THE MARYLAND DEPARTMENT OF THE
ENVIRONMENT.
IGHT INDUSTRIAL USES — A narrow range of industrial uses that are
L
compatible with adjacent uses to the extent that any adverse effects on
health,safety,welfare,ortheenvironmentareavoided.Theusesarelimitedto
light manufacturing, fabricating, warehousing, and wholesale distribution in
lowbuildingswithoff-streetloadingandoff-streetparkingforemployeesand
with access by major thoroughfares. Light industries include those which
manufacture, process, store, package or distribute goods and materials;and
are, in general, dependent on raw materials refined elsewhere.
OT — A parcel of land used or set aside and available for use as the siteof
L
one or more buildings and buildings accessory thereto or for any other
purpose,inoneownershipandnotdividedbyastreetnorincludinganyland
withinthelimitsofapublicorprivatestreetright-of-way.Theterm"recordlot"
means the land designated as a separate and distinct parcel of land on a
42

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legally recorded deed filed among the Land Records of Calvert County.
OT,CORNER—Lotabuttingtwoormorestreetsattheirintersections,where
L
the interior angle of the intersection does not exceed 135°.
LOT, DOUBLE-FRONTAGE — An interior lot fronting on two streets.
OT LINES — The lines bounding a lot, provided any street lines shall be
L
considered lot lines for the purposes of this chapter.
OT, WIDTH OF — The width of a lot measured at the minimum building
L
restriction line.
ASSAGE PARLOR ESTABLISHMENT — An establishment PRIMARILY
M
OFFERING MASSAGES ARE PROVIDED FOR PAY BYAMASSAGETHERAPIST
DULY LICENSED OR CERTIFIED BY THE STATE OF MARYLAND. THIS USE
where, for any form of consideration, massage, alcohol rub, fomentation,
electric or magnetic treatment, or similar treatment or manipulation of the
human body is administered, unless such treatment or manipulation is
administered by a medical practitioner, chiropractor, acupuncturist, physical
therapist,orsimilarprofessionalpersonlicensedbytheStateofMaryland.This
definition does not include an athletic club,healthclub,school,gymnasium,
reducing salon, spa, or similar establishment where massage or similar
manipulation of the human body is offered as an incidental or accessory
service.
OTEL,HOTEL,orMOTORHOTEL—Abuildinginwhichlodgingorboarding
M
isprovidedformorethan15persons,primarilytransient,orwithmorethan10
guest rooms, offered to the general public at a daily rate. Ingress to and
egressfromallroomsismadethroughaninsidelobbyorofficesupervisedby
a person in charge at all hours. As such, it is open to the public, in
contradistinctiontoaboarding-,rooming,orlodginghouse,oranapartment
house, timeshare facilities or condominium units. A hotel may include
restaurants, taverns, club rooms, public banquet halls, ballrooms, and
meeting rooms.
IGHTCLUBS — A COMMERCIAL ESTABLISHMENT OPEN TO THE PUBLIC, THE
N
PRIMARY FUNCTION OF WHICH IS TO OFFER PATRONS AN OPPORTUNITY TO
ENGAGE IN SOCIAL ACTIVITIES SUCH AS DANCING, THE ENJOYMENT OF LIVE
OR PRERECORDED MUSIC, OR THE ENJOYMENT OF ENTERTAINMENT
PROVIDED BY PERFORMERS. AS AN INCIDENTAL OR SECONDARY FUNCTION,
THE ESTABLISHMENT MAY SELL AND SERVE FOOD AND ALCOHOLIC OR
NON-ALCOHOLIC BEVERAGES TO ITS PATRONS.
43

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ARKING AREA —ANY PUBLIC OR PRIVATE AREA, UNDER OR OUTSIDE OF A
P
BUILDING OR STRUCTURE, DESIGNED AND USED FOR PARKING MOTOR
VEHICLES, INCLUDING PARKING LOTS, GARAGES, PRIVATE DRIVEWAYS, AND
LEGALLY DESIGNATED AREAS OF PUBLIC STREETS.
ARKING SPACE — An unobstructed space or area other than a street or alley
P
that is permanently reserved and maintained for the parking of one motor
vehicle.
ECREATIONAL CAMPS AND COTTAGES — AN AREA OF LAND OR WATER ON
R
WHICH ACCOMMODATIONS FOR TEMPORARY OCCUPANCY ARE LOCATED OR
MAY BE PLACED, INCLUDING CABINS, TENTS, BOATS, RECREATIONAL
VEHICLES, COTTAGES, OR SUMMER HOMES, AND WHICH IS PRIMARILY USED
FOR RECREATIONAL, EDUCATIONAL, OR VACATION PURPOSES AND RETAINS
AN OPEN-AIR OR NATURAL CHARACTER.
EPAIR GARAGE OR BODY SHOP — A FACILITY WHERE MOTOR-DRIVEN
R
VEHICLES ARE DIAGNOSED, EQUIPPED FOR OPERATION, REPAIRED, OR KEPT
FOR REMUNERATION. THIS INCLUDES ALL MECHANICAL REPAIR, BODYWORK,
AND PAINTING OF MOTOR VEHICLES, BUT DOES NOT INCLUDE THE SALE OF
NEW OR USED VEHICLES OR THE STORAGE OF INOPERABLE VEHICLES FOR
THE PURPOSE OF SALVAGING PARTS. COMMERCIAL AUTOMOTIVE REPAIR,
BODYWORK, AND AUTOMOTIVE PAINTING ARE PROHIBITED AS A HOME
OCCUPATION OR WITHIN A RESIDENTIAL GARAGE.
RESTAURANT —
I.

LASSI—Includesfast-foodrestaurants.Thisisatypeofrestaurant,other
C
than a bakery, bakeshop, candy, or ice cream store, which provides as a
principalusethesaleoffoodsandbeveragesinaready-to-consumestate,
forconsumptionoffofthepremises.Theserestaurantsmayhavesit-down
seating and delivery service but may not provide dancing, live
entertainment,theserviceofalcoholicbeverages,orabar.Theymayhave
some outdoor dining and drive-up services.

LASS II — This type of food service establishment has as a substantial
C
portion of itsbusinessthecarryoutoffoodsforimmediateconsumption.
These types of restaurants may not have bars, dancing, live
entertainment, or drive-in, drive-through service windows. The

Page 58 of 115

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02-23-2026

DRAFT

s ervice of alcoholic beverages shall be beer andwineonlyservedonthe
premises with meals or sold prepackagedforoff-premisesconsumption.
The establishment does not provide more than 10 seats. Food items
prepared for consumption generally are not prepackaged but are made
tospecificorder.Alimitednumberofprepackageditemsmaybesoldbut
only as accessory to the principal use of service of food for immediate
consumption. These restaurants also include restaurants that may be
considered food service marts. A food service mart is an establishment
whoseprincipalpurposeisthesaleoffooditemsforhomeconsumption,
either prepared on the premises or prepackaged. These types of
restaurants may not have bars, dancing, live entertainment, or drive-in
windows. The service of alcohol beverages shall be beer and wine only
servicedonthepremiseswithmealsorsoldprepackagedforoff-premises
consumption. No seating is provided on the premises.
LASS III — This type of restaurant is an establishment whose principal
K. C
business is the sale of food or beverages to the customer in a
ready-to-consume state. Carryout goods may constitute no more than
10% of the business. This type of restaurant may include a bar, dancing,
and live entertainment as regulated within the specific zoning districts.
These restaurants do not have drive-up or drive-through services.
Catering or delivery is permitted as an accessory use. Patrons are
customarily providedwithmenusandareservedtheirfoodorbeverages
byarestaurantemployeeatthesametableorcounteratwhichthefood
is consumed.
OAD —MEANSAPUBLICTHOROUGHFAREUNDERTHEJURISDICTIONOF
R
THESTATE,ACOUNTY,AMUNICIPALCORPORATION,ORANYOTHERPUBLIC
BODY. "ROAD" DOES NOT INCLUDE A DRIVE AISLE OR DRIVEWAY.
OOMER,BOARDERorLODGER—Apersonoccupyinganyroomorgroupof
R
rooms forming a single habitable unit usedorintendedtobeusedforliving
and sleeping, but not for cooking or eating purposes, and paying
compensation to an owner or operator for lodging or board and lodging by
prearrangement for a week or more at a time. Any person occupying such
room or rooms and paying such compensation without prearrangement or
forlessthanaweekatatimeshallbeclassedforpurposesofthischapternot
asaroomer,boarder,orlodger,butasaguestofacommercialestablishment
(motel, hotel, tourist home).
OOMING, BOARDING-, OR LODGING HOUSE — A building or part of a
R
building (other than institutional building) occupied or intended to be
occupied by three or more roomers, boarders, or lodgers.
SIGN — SEE §290-22
MOKE AND VAPE SHOPS — ANY RETAIL OR SERVICE ESTABLISHMENT
S
THAT DEVOTES FIVE PERCENT (5%) OR MORE OF ITS GROSS FLOOR AREA
45

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DRAFT

R VISIBLE DISPLAY SPACE TO THE SALE OF ELECTRONIC CIGARETTES,
O
TOBACCO PRODUCTS, OR SMOKING PARAPHERNALIA, OR ANY
ESTABLISHMENT THAT ALLOWS VAPING OR SMOKING ON THE PREMISES.
THIS DOES NOT INCLUDE A LICENSED CANNABIS DISPENSARY.
TREET—Apublicorprivatewayusedorintendedtobeusedforpassageor
S
travelbyautomotivevehicles.Ifprivate,suchwaymustbeusedorintendedto
beusedastheprincipalmeansofaccesstoanabuttinglotorlotsortomore
than two dwellings on a lot on which a private way is exclusively used.
TREET LINE — The dividing line between the street and the lot. The street
S
line shall be the same as the legal right-of-way line, provided that where a
futureright-of-waywidthforastreethasbeenofficiallyestablished,thestreet
line shall be the side of the future right-of-way so established.
TRUCTURE — A man- or machine-made combination of materials
S
assembled, constructed, or erected at a fixed location, the use of which
requireslocationonthegroundorattachmenttosomethinghavinglocation
on the ground. The word "structure" shall include any part thereof.
ATTOOORBODYARTESTABLISHMENTS —ANESTABLISHMENTWHEREIN
T
DESIGNS, LETTERS, FIGURES, BODY PIERCING, OR OTHER MARKS ARE
PLACED UPON THE SKIN OF ANY PERSON, USING INK OR OTHER
SUBSTANCESTHATRESULTINTHEPERMANENTCOLORATIONORPIERCING
OF THE SKIN BY MEANS OF USE OF NEEDLES OR OTHER INSTRUMENTS
DESIGNED TO CONTACT OR PUNCTURE THE SKIN.
HEATER, DRIVE-IN MOVIE — AN OPEN LOT OR AREA AND FACILITIES,
T
DEVOTED TO THE SHOWING OF MOTION PICTURES OR THEATRICAL
PRODUCTIONS, USUALLY ON A PAIDADMISSIONBASIS,TOPATRONSWHO
VIEW THE ENTERTAINMENT WHILE SEATED IN PARKED MOTOR VEHICLES.
IMESHARE FACILITIES — ANY REAL PROPERTY, BUILDING, OR PORTION
T
THEREOF THAT INCLUDES ANY FACILITY IN WHICH THE EXCLUSIVE RIGHT OF
OCCUPANCY OF A UNIT CIRCULATES AMONG VARIOUS PURCHASERS OR
OWNERS OF THE TIME-SHARES IN ACCORDANCE WITH A FIXED OR FLOATING
TIME SCHEDULE ON A PERIODICALLY RECURRING BASIS.
OURIST HOME or SHORT-TERM RENTAL — A residential building, that is
T
rentedcommerciallyinwholeorinpart,oraseparatedwellingunitaccessory
to such a building that is rented commercially, in which paying guests are
provided, with or without prearrangement, overnight accommodations ona
short-term basis for commercial compensation, of a period offewerthan30
days.
TRAILER, MOBILE HOME, TRAVEL TRAILER, TRAILER CAMP —
1.

OBILE HOME — Any vehicle or similar portable structure with any or all
M
of the following characteristics:
46

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DRAFT

anufactured as a relocatable dwellingunitintendedforyear-round
(1) M
occupancyandwithnoneedforapermanentfoundation,whichcan
bemovedupontheremovaloftie-downsandsurroundingdecksand
the reattachment of tow bar axles and wheels.
(2) Designedtobetransportedaftermanufactureonitsownpermanent
chassis,withafixedorremovabletowbar,andcanbemovedwithout
the use of regular house-moving equipment.
(3) Designed to be installed as a single-wide or double-wide unit with
only incidental unpacking and assembling operations.
ABITABLETRAVELTRAILER(TRAILER)—Avehicular,portablestructure
2. H
designed to be used as a temporary dwelling for travel, camping and
recreational purposes. Such units shall not include mobile homes. Such
units shall not be used as permanent dwellings.
SE, ACCESSORY — Use of a building, lot or portions thereof, which is
U
customarily incidental and subordinate to the principal use of the main
building or lot.
ALLS, FACING — Walls opposite to and parallel with one another and wall
W
lines extended of opposite walls intersecting at angles of less than 65°.
YARD —
II. F
RONT — The required open space, the full width of the lot, extending
from the street line to the nearest building on the lot, exclusive of
overhanging eaves, gutters, or cornices.
III. SIDE — The required open space betweenasidelotlineofalotandthe
nearest point of the building and extending from the front yard to the
rear yard.
IV. REAR—Therequiredopenspace,thefullwidthofthelot,extendingfrom
the rear property line of the lot to the nearest building on the lot,
exclusive of overhanging eaves, gutters, or cornices.

Page 61 of 115

MEMORANDUM
To:

Planning & Zoning Commission

From:

Sarah Franklin, Town Planner & Zoning Administrator

CC:

Dr. Samélia Okpodu, Town Manager

Date:

Dec 8, 2025

RE:

Land Use Table

Enc:

Land Use Table Comparison Spreadsheet
Sections 290-9 through 290-13
Excerpts from the 2040 Comprehensive Plan
SB 0891 - New 2025 ADU Legislation
Zoning Update from the MD Cannabis Administration

The Town Council stated that they find the Land Use table to be overly restrictive and has
requested that the Planning & Zoning Commission take a comprehensive look at the Table and
conditions for uses and provide them with proposed changes by the end of the fiscal year.
The Town Council flagged the following items for the Planning & Zoning Commission:
●

Accessory Dwelling Units - Action required within 6 months

●

Short Term Rentals - Action required within 6 months

●

Home Occupations - Action required within 90 days - I have provided you with a
separate memo specific to this topic.

Additionally, I would like to flag the following items to review in light of new and applicable
state, federal, case law, or my experience with applications that are submitted:
●

Group Homes

●

Cannabis Businesses

●

Large-scale solar

●

Rooftop solar panels

Page 62 of 115

290 Attachment 1 - Town of Chesapeake Beach Table 1 - Land Use Classifications. [Amended 11-17-2022 by Ord. No. O-22-12; 3-16-2023 by Ord. No. O-23-2; 9-21-2023 by Ord. No. O-23-21]
KEY: P: Permitted NP: Not Permitted - C: Conditional Use (permitted use subject to conditions) - SE: Special Exception - SC: Special Exception, subject to conditions

Change in zoning

Current

Past

Change in zoning flagged by SAF

Zoning Districts

Use

R-LD R-MD R-HD

RV-1

RV-2

RPC

Old # New # Residential Uses

R-LD R-MD R-HD

R-V

RPC

* where no notation exists the use is not permitted

1. Single-family, detached

2. Single-family, attached

3. Townhouse dwelling

4. Multifamily dwelling

5. Dwelling, accessory

6. Dwelling unit in combination with
commercial use

P
P
P
C

Institutional, Recreational and Educational Uses
7

7. Churches and other places of worship, provided
housing for religious personnel shall meet the
minimum requirements of Uses 1 through 4 as
applicable.

8. Public/Private schools

9. Home day care

10. Day-care center, nursery school, kindergarten
or other agency giving care to persons as a
commercial operation

11. Professional school, studio for music or art
instruction, dancing school, similar.

12. Library, museum, community center, adult
education center or similar open to the public or
connected with a permitted use and not conducted
as a private business

SC
SE

13. Environmental science, research and
educational uses, nature centers

14. Game, wildlife, and nature preserves

15. Public building or recreational facility owned
and operated by Chesapeake Beach or other
government agency.

16. Parks, playgrounds

17. Private club, lodge, dining club, yacht
club not run as a private gainful business.

18. Sailing schools, boat rentals and storage, and
similar water-oriented recreational uses

Page 63 of 115

Change in zoning

Current

Past

Change in zoning flagged by SAF

Zoning Districts

Use

R-LD R-MD R-HD

RV-1

RV-2

RPC

Old # New # Residential Uses

R-LD R-MD R-HD

R-V

RPC

* where no notation exists the use is not permitted

19. Orphanage, nursing home, or other licensed
establishment for the care of aged, disabled, or
convalescent persons, etc.

20. Group home

C
SE

Office and Commercial Uses
17

21. Professional office in residence, physician,
architect, lawyer, similar

22. Office or clinic for medical or dental
examination or treatment of persons as outpatient,
including laboratories incidental thereto

23. Professional licensed physical therapy office

24. Therapeutic massage

25. Offices for business, professional, or
governmental purposes

26. Artists, photographer’s gallery, studio

27. Retail establishments carrying one type of
interrelated goods, such as a bookstore, gift shop,
florist shop, etc.; adult bookstores are prohibited

28. Retail convenience stores and retail
establishments carrying commodities which tend
to be purchased on a comparison basis, such as a
food supermarket, department store, discount
store, pharmacy, etc.

29. Tree and plant nurseries, landscape supply and
contracting, greenhouses

30. Personal services, including barbershops,
salons, laundry, dry cleaning (receiving stations),
travel agency, insurance, real estate, repair shop
for shoes, bikes, watches, locks, etc.

31. Financial service, bank

26. Business services, printing, copying,
contractors shop, plumbing shop

33. Appliance and furniture repair, upholstery

34. Restaurant - Class I; drive-up/drive-through
windows at fast-food restaurants are prohibited

Page 64 of 115

Change in zoning

Current

Past

Change in zoning flagged by SAF

Zoning Districts

Use

R-LD R-MD R-HD

RV-1

RV-2

RPC

Old # New # Residential Uses

R-LD R-MD R-HD

R-V

RPC

* where no notation exists the use is not permitted

35. Restaurant - Class II

36. Restaurant - Class III

37. Tavern, nightclub

38. Bed-and-breakfast establishment

33. Rooming , Boarding, Lodging House

34. Motel, hotel, tourist home

39. Motel, hotel

40. Tourist home

35. Entertainment and recreation facilities
operated as a business within a building with the
exception of an adult bar, restaurant, or
nightclub

42. Recreational and fitness
studios

43. Outdoor entertainment and recreation facilities
operated as a gainful business

44. Recreational camps and cottages for overnight
accommodations

45. Animal hospital, veterinarian clinic

Automotive and Boat Service Uses
38

38. Non-residential parking area located in a
residential district

47. Automotive service station

48. Sale or rental of
automobiles

49. Repair garage, including paint spraying and
body and fender work or car washing facility

50. Marina, including fuel service for watercraft,
boat storage and repair yard, boat sales and
service

SE
SC

Utilities, Communications, Transportation
43

51. Transformer station, structure housing
switching equipment and regulators, tower
transmission line right-of- way, radio, television
transmitter tower, cellular tower, etc.

Page 65 of 115

Change in zoning

Current

Past

Change in zoning flagged by SAF

Zoning Districts

Use

R-LD R-MD R-HD

RV-1

RV-2

RPC

Old # New # Residential Uses
44

52. Bus station, intermodal transit center

R-LD R-MD R-HD

R-V

RPC

* where no notation exists the use is not permitted

Light Industrial and Related Uses
SE

45. Light Industrial uses

53. Aquaculture

54. Microbrewery, Microdistillery

55. Craft and artisan assembly and manufacturing
such as cabinet making, woodworking, glass
making, blacksmithing, boat building and sail
manufacturing

56. Water-dependent seafood
processing and fishing activities

57. Data center

58. Bio manufacturing

59. Storage in association with permitted marine
commercial activities (Previously Warehousing
and...)

Unclassified Uses
48

60. Customary home
occupation (1 employee)

49. Home Occupation (2 employees)

61. Garage, yard, estate sale

62. Carnival or similar
transient enterprise

63. Temporary building incidental to construction

64. Dwelling for resident
watchman

Casino gambling venues and
establishments

Smoke and vape shops

Tattoo parlors

Massage parlors

Psychic reading or Fortune- telling venues or
establishment

Expressly Prohibited Uses

Page 66 of 115

Change in zoning

Current

Past

Change in zoning flagged by SAF

Zoning Districts

Use

R-LD R-MD R-HD

RV-1

RV-2

RPC

Old # New # Residential Uses

R-LD R-MD R-HD

R-V

RPC

* where no notation exists the use is not permitted

Adult entertainment venues, establishments,
bookstores

Sale or distribution of medical and/or recreational
marijuana, cannabis, and/or its derivatives in any
forms, either as a
principal or accessory use

Industrial uses

Landfills

Junk and salvage yards

Drive-in movie theaters

*It is unclear if this was ment to be SE or SC, the conditons reference only the PC district

Page 67 of 115

§ 290-9. Purpose and intent of districts.
A.

Purpose of districts generally. Zoning districts are established to provide appropriate location
for different types of land uses. The appropriate location for a particular land use is
determined by:
(1) The character of the area and current land uses.
(2) The suitability of each district for the uses permitted in each.
(3) The encouragement of the stability of the district and of land values therein.
(4) Environmental considerations.
(5) Recommendations of the Town of Chesapeake Beach Comprehensive Plan.

R-LD Residential, Low-Density District. The R-LD District is intended to promote a pleasant
and safe living environment, to create, preserve and protect a single-family detached
residential character, to keep these areas free from land uses that are incompatible with and/
or might adversely impact single-family neighborhoods and to conserve the physical
qualities of the landscape that attract people to the Town.

R-MD Residential, Medium-Density District. The R-MD District is intended to promote a
pleasant and safe living environment, to allow houses on small lots with public water and
sewer, to help ensure that new infill development or redevelopment is compatible and
harmonious with existing residential activities and to integrate new development with the
character and function of the Town through use of natural features to provide pedestrian and
visual linkages.

R-HD Residential, High-Density District. The R-HD District is intended to promote a
pleasant and safe living environment, to encourage a variety of housing types, attached and
multifamily, at higher densities, to promote residential uses that are enhanced by proximity
to the waterfront, and, through the clustering of home sites and other means, give maximum
attention to preservation and conservation of natural features and recreational potential.

RV-1 Residential Village District-1. The RV-1 District is intended to protect the singlefamily residential character, allowing detached houses that are compatible in design and scale
with the prevailing residential uses and the existing pattern of buildings, streets, and blocks.
[Added 11-17-2022 by Ord. No. O-22-121]

RV-2 Residential Village District. The RV-2 District is intended to protect the primarily
single-family residential character while accommodating a variety of housing types
compatible in use, scale, and impact with residential use and the existing pattern of buildings,
streets, and blocks. [Amended 11-17-2022 by Ord. No. O-22-12]

RC Resource Conservation District. The Resource Conservation District is a nonresidential
district intended to protect and maintain wetlands, surface waters, forests and open space,

Editor's Note: This ordinance also redesignated former Subsection E as Subsection F.

Editor's Note: Former Subsection G, Commercial District, and Subsection H, were repealed 11-17-2022 by Ord. No. O-22-12. This
ordinance also renumbered former Subsections I and J as Subsections G and H, respectively.

Page 68 of 115

steep slopes, as well as low lying areas with elevated risks of flooding. The RC District is
intended to protect and maintain land use for critical flood and stormwater management; to
provide land for community parks and recreational activities, including access to the Bay
and its tributaries; to ensure that any new use complies with all environmental protection and
land use laws and preservation agreements of the Town of Chesapeake Beach and the State
of Maryland, and to ensure open space preservation and prevent residential development of
parcels dedicated for open space, forest conservation, stormwater management, and wildlife
habitats. [Amended 11-17-2022 by Ord. No. O-22-12]
H.

RPC Residential Planned Community District. The Residential Planned Community District
is intended to provide greater flexibility in the selection of planned community areas; to
assure effective control over the location, type and arrangement of uses appropriate to the
planned community so as to protect the uses in neighboring districts; to allow the community
to enjoy the benefits of open space and innovative spacing of dwellings; and to provide the
opportunity for the protection of environmentally sensitive and critical habitat protection
areas.

NC Neighborhood Commercial District. The Neighborhood Commercial District is intended
to provide locations for small-scale and low-impact commercial uses that are designed and
operated in a manner compatible in scale and impact with nearby residential neighborhoods.
[Added 11-17-2022 by Ord. No. O-22-12]

TC Town Commercial District. The Town Commercial District is intended to provide
locations for commercial uses that are harmonious in scale and impact with nearby residential
neighborhoods and to protect and provide a safe and attractive environment for shopping,
entertainment, and community gathering. [Added 11-17-2022 by Ord. No. O-22-12]

PC Commercial Plaza District. The Commercial Plaza District is intended to maintain the
Town's primary location for larger format locally serving retail uses such as grocery stores
and shopping centers, where extensive parking can be readily accommodated. [Added
11-17-2022 by Ord. No. O-22-12]

MC Maritime Commercial District. The Maritime Commercial District is intended to
promote a variety of nonresidential recreation and commercial uses that enhance the Town's
waterfront heritage, respect the sensitive nature of the surrounding environment, and are
consistent in character and impact with the following: [Added 11-17-2022 by Ord. No.
O-22-12]
(1) Promoting active and vibrant commercial activities at the street (grade) level where
walking is safe and enjoyable.
(2) Establishing public pedestrian access to and along the waterfronts.
(3) Preserving the remaining scenic vistas to the Chesapeake Bay (on the east) side and the
expansive Fishing Creek marsh (on the west).

§ 290-11. Conditions and standards for conditional and special exception uses. [Amended
11-17-2022 by Ord. No. O-22-12; 3-16-2023 by Ord. No. O-23-2]
The following conditions and specific standards apply to land uses designated C (conditional) SE

Page 69 of 115

(special exception) and SC (special exception with conditions) in Table 1.3 When applying for a
zoning and occupancy permit, the applicable conditions shall be satisfied during the period of the
use and occupancy.
A.

Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1, RV-2, RPC, NC
and TC Districts, subject to the requirements of the district where located except as herein
provided:
(1) The principal dwelling shall be a single-family detached dwelling and shall be located
on a lot of at least 7,500 square feet served by public water and sewer.
(2) Accessory dwellings are limited to lots that are owner-occupied.
(3) Accessory dwellings are limited to a total of 650 square feet of floor area.
(4) All height, area and bulk requirements shall apply to the accessory dwelling.
(5) The parking requirements of this chapter shall apply. Accessory dwellings will require
two off-street parking spaces in addition to those required for the principal dwelling.
(6) A site plan is required.
(7) Accessory dwellings must be architecturally compatible with the principal dwelling on
the lot in terms of similarity of building materials, roof type, and roofline.
(8) Only one accessory apartment will be allowed on a lot.

Dwelling unit in combination with commercial use: conditional use in the RV-2, TC and
RPC Districts, subject to the requirements of the district where located except as herein
provided:
(1) Adequate parking shall be provided for both uses.
(2) The commercial portion of such a combination use must be fully utilized so as not to
reduce the commercial services made available to the community.
(3) Commercial development shall be given priority in such combination uses and the
residential portion must be ancillary.
(4) To retain commercial activity at the street level, the first floor at the public street
frontage shall remain in commercial use only whereas the second floor would be
residential use.

Churches and other buildings for religious assembly: special exception with conditions use
in the NC District, subject to the requirements of the district where located, except as herein
provided:
(1) Minimum lot area shall be one acre.
(2) Minimum lot width shall be 200 feet.

Editor's Note: Table 1 is included as an attachment to this chapter.

Page 70 of 115

(3) No part of any building shall be located within 50 feet of any adjoining property line in
separate ownership.
(4) Building coverage shall not exceed 25% of the lot.
(5) Screening and buffers shall be provided where the lot abuts residentially used properties
or where the site abuts any residential zoning district.
(6) Adequate parking shall be provided on-site.
(7) Housing for religious personnel shall meet the minimum requirements of Uses 1 through
4 under "Residential Uses" in Table 1, included at the end of this chapter, whichever
apply.
D.

Public and private school: special exception with conditions use in the MC District, subject
to the requirements of the district where located, except as herein provided:
(1) Minimum lot area shall be one acre.
(2) Minimum lot width shall be 200 feet.
(3) No part of any building shall be located within 50 feet of any adjoining property line in
separate ownership.
(4) Dormitories or other living accommodations for faculty or students shall meet the
minimum requirements of Uses 1 through 4, under "Residential Uses" in Table 1,
included at the end of this chapter, whichever apply.

Home day care: conditional use in the RV-1, RV-2, RPC, NC and PC Districts, subject to the
requirements of the district where located, except as herein provided:
(1) Applicant shall meet the requirements of state and local health departments.
(2) All such uses shall be located so as to permit the safe pickup and delivery of all persons
on the site.
(3) The operation shall meet the individual parking requirements of home day-care
businesses in addition to any residential parking requirements for the dwelling in which
the operation is located.

Day-care center, nursery school, kindergarten, or other agency giving care to persons as a
commercial operation: special exception with conditions use in the NC and PC Districts,
subject to the requirements of the district where located, except as herein provided:
(1) The minimum lot area shall be 20,000 square feet plus 2,500 square feet of lot area for
each person cared for above 10 persons.
(2) No part of any building shall be located within 30 feet of any adjoining property in
residential use.
(3) Vegetative screening and buffers shall be provided where the lot abuts residentially used
properties.

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(4) Any outdoor play active recreational area shall be located in the rear yard and its
boundary shall be at least 10 feet from the rear lot line and not nearer to any other lot
line than the required yard setback.
(5) Outdoor play areas shall be sufficiently screened and sound-insulated so as to protect
the neighborhood from noise and other disturbances. To fulfill this requirement,
screening may be located anywhere on the lot as needed.
(6) Any new buildings shall be designed to be architecturally harmonious with buildings in
the neighborhood, including but not limited to building facade orientation, building
scale and massing, materials, colors, roofs and rooflines.
G.

Professional school, studio for music or art instruction, dancing school or similar: special
exception with conditions use in the NC District, limited to properties with frontage onto MD
261.

Library, museum, community center, adult education center or similar open to the public or
connected with a permitted use and not conducted as a private business: special exception
with conditions use in the NC District, subject to the requirements of the district where
located, except as herein provided:
(1) The minimum lot area shall be 10,000 square feet.
(2) No part of any building shall be located within 30 feet of any adjoining property in
residential use.
(3) Vegetative screening and buffers shall be provided on all lot lines that abut properties in
residential use.
(4) No outdoor active recreational area shall be located nearer to any lot line than the
required yard setback.
(5) Any new buildings shall be designed to be architecturally harmonious with buildings in
the neighborhood including but not limited to building facade orientation, building scale
and massing, materials, colors, roofs and rooflines.

Environmental science, research, and educational uses, nature centers: conditional use in the
RC District, subject to the requirements of the district where located and the following:
(1) Accessory uses shall only be those intrinsically related to the research or educational
mission of the principal use.
(2) Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the
property shall be strictly limited to only that extent necessary to make reasonable use of
the property and the applicant shall submit a plan documenting both existing and
planned tree cover including an inventory of trees to be removed and replaced.
(3) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.

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(4) No building shall be permitted which exceeds a footprint of 2,000 square feet.
J.

Game, wildlife, and nature preserves: conditional use in the RC District, subject to the
requirements of the district where located and the following:
(1) Accessory uses shall only be those intrinsically related to the game, wildlife, nature, or
educational mission of the principal use.
(2) Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the
property shall be strictly limited to only that extent necessary to make reasonable use of
the property and the applicant shall submit a plan documenting both existing and
planned tree cover including an inventory of trees to be removed and replaced.
(3) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.
(4) No building shall be permitted which exceeds a footprint of 2,000 square feet.

Public building or recreational facility owned and operated by Chesapeake Beach or other
governmental agency: conditional use in the RC District, subject to the requirements of the
district where located and the following:
(1) No building shall be permitted except that necessary for the purposes of managing the
land or water resources or enhancing the low-impact experience of the natural
environment.
(2) Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the
property shall be strictly limited to only that extent necessary to make reasonable use of
the property and the applicant shall submit a plan documenting both existing and
planned tree cover including an inventory of trees to be removed and replaced.
(3) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.
(4) No building shall be permitted which exceeds a footprint of 2,000 square feet.

Parks and playgrounds: special exception with conditions use in the RC District, subject to
the requirements of the district where located and the following:
(1) Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the
property shall be strictly limited to only that extent necessary to make reasonable use of
the property and the applicant shall submit a plan documenting both existing and
planned tree cover including an inventory of trees to be removed and replaced.
(2) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.

M. Sailing schools, boat rentals and storage and similar water-oriented recreational uses: special

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exception with conditions. Use in the RC District, subject to the requirements of the district
where located and the following:
(1) Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the
property shall be strictly limited to only that extent necessary to make reasonable use of
the property and the applicant shall submit a plan documenting both existing and
planned tree cover including an inventory of trees to be removed and replaced.
(2) The use shall be limited to waterfront properties or to properties that are contiguous to,
and functionally connected with, waterfront properties.
(3) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.
(4) No building shall be permitted.
N.

Professional office in residence: conditional use in the RPC District, subject to the
requirements of the district where located, except as herein provided:
(1) The professional person must reside in the dwelling.
(2) There shall be no exterior evidence, other than a permitted sign not exceeding two
square feet, to indicate that the principal building is being used for any purpose other
than that of a dwelling.
(3) There shall be no show window or display window.
(4) No more than two persons other than the resident professional shall be employed on
site.
(5) Sufficient off-street parking in the side or rear yard shall be provided, with a minimum
of two spaces per professional plus residential requirements.
(6) The total area devoted to the professional office use shall not exceed 40% of the square
footage of the principal dwelling unit.
(7) An accessory building may be used for the professional office.

Office or clinic for medical or dental examination or treatment of persons as outpatient,
including laboratories incidental thereto: conditional use in the NC, TC, PC and MC
Districts, subject to the requirements of the district where located except as herein provided;
and within the RV-1 District it shall be a conditional use, subject to the requirements of the
district where located except as herein provided. [Amended 9-21-2023 by Ord. No.
O-23-21]
(1) The use shall be an integral part of an existing and otherwise permitted mixed-use
commercial and multifamily development that was permitted, platted, and recorded
prior to January 20, 2005.

Therapeutic massage: conditional use in the NC, TC, PC and MC Districts, subject to the
requirements of the district where located, except as herein provided:

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(1) Massage is incidental to a principal medical or spa use.
(2) Massage therapy is conducted by professionals who are licensed to practice massage or
by professional physical therapists.
(3) Massage therapy does not include any manipulation to induce sexual stimulation and in
the context of massage therapy any such act is presumptively considered a danger to
public health, safety, and welfare and is cause for revocation of a zoning and occupancy
permit.
Q.

Professional licensed physical therapy office: conditional use in the RV-1 District, subject to
the requirements of the district where located except as herein provided:
(1) The use shall be an integral part of an otherwise permitted mixed use multifamily
development.

Offices for professional, business or governmental purposes: conditional use in the RV-1,
RV-2, NC, TC, PC and MC Districts, subject to the requirements of that district, except as
herein provided:
(1) The principal building shall be no closer than 20 feet to any lot line that adjoins a
property in residential use.
(2) Off-street parking shall be provided in the side or rear yard and shall be completely
screened from view of adjoining residential properties.
(3) To reduce the impact of traffic and parking, the total floor area devoted to the use shall
be limited to 6,000 square feet (in addition to any basement or attic areas used solely for
storage).
(4) Vegetative screening and buffers shall be provided along lot lines that abut properties in
residential use.
(5) Any new buildings shall be designed to be architecturally harmonious with buildings in
the neighborhood, including but not limited to building facade orientation, building
scale and massing, materials, colors, roofs and roof lines.
(6) Signage shall be limited to one freestanding sign of no more than two square feet
identifying the name and number of the building or premises unless the property fronts
on more than one street, in which case one such sign may be erected on each frontage.

Tavern, nightclub: special exception with conditions use in the TC, PC and MC Districts,
subject to the requirements of the district where located except as herein provided.4

Bed-and-breakfast establishment: special exception with conditions use in the R-LD, R-MD,
R-HD, RV-1, RV-2 and RPC Districts and conditional use in the NC, TC, PC and MC
Districts, subject to the requirements of the district where located except as herein provided:
(1) An owner or manager lives on the premises.

Editor's Note: As noted in Ord. No. O-23-2, conditions for this use were not provided.

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(2) The facility is part of a dwelling unit.
(3) No separate kitchens are provided.
(4) Meals shall be provided for overnight lodgers only.
Excerpts from the 2024 Comprehensive Plan
(5) The facility is operated through a state-approved bed-and-breakfast registry.
(6) One off-street parking space is provided for each guest room.
U.

Motel, hotel: special exception with conditions use in the TC, PC and MC Districts, subject
to the requirements of the district where located, except as herein provided:
(1) The applicant shall site new buildings to ensure that adjacent properties have visual
privacy and sunlight as well as protection from the new development's site illumination,
noise, and odor, as applicable.
(2) The applicant shall design buildings to complement and contribute to a desirable
community character in terms of shape and style, rooflines, color, and materials.
(3) Accessory uses may include a gift shop, beauty shop, barbershop, restaurant, cocktail
lounge/nightclub, auditorium/meeting room facilities, and similar retail stores and
commercial establishments.
(4) Circulation and parking shall be adequate to fulfill requirements of all proposed uses,
principal and accessory. The Planning Commission may require a traffic analysis
provided by the applicant demonstrating adequacy of the system.
(5) The applicant shall design and site buildings to screen from public view unsightly
elements such as shipping and loading areas, transformers, dumpsters, and meters.
(6) The applicant shall design the building roof to screen mechanical equipment from public
view and to contribute to an attractive streetscape.
(7) The applicant shall develop the public streetscape between the building and the street
curb as a safe and convenient pedestrian way with attractive amenities such as paving,
lighting, seating, shelter, and landscaping.
(8) The applicant shall design fences and retaining walls that are consistent in materials and
quality with that of the building and the adjacent properties.
(9) The applicant shall design and locate signs so that their illumination is directed away
from adjacent properties.
(10) The applicant shall integrate ground signs into the design of the site and the streetscape.

Entertainment and recreation facilities operated as a business within a building, with the
exception of an adult bar, restaurant, or nightclub: special exception with conditions use in
the TC, PC and MC Districts, subject to the requirements of the district where located, except
as herein provided.5
Editor's Note: As noted in Ord. No. O-23-2, conditions for this use were not provided.

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W. Animal hospital, veterinarian clinic: special exception with conditions use in the TC, PC and
MC Districts, subject to the requirements of the district where located, except as herein
provided:
(1) Minimum
Ex lot area shall be 20,000 square feet.
(2) All operations in connection with the clinic must be conducted indoors.
(3) Vegetative landscaping shall be used along the side lot lines when the site adjoins a
residential lot and must include no less than two sets of coniferous plantings with fivefoot separation plus a hedge.
(4) No crematorium or incinerator device may be used on the site in conjunction with the
clinic operations.
(5) The site may not be operated as a kennel, though overnight stays by pets receiving
medical care may be permitted.
(6) No work on large animals (bovine or equine) is to be performed on the premises.
X.

Automobile service stations: special exception with conditions use in the TC District, subject
to the requirements of the district where located, except as herein provided:
(1) All activities, except for those to be performed at the fuel pumps, shall be performed
within a completely enclosed building.
(2) No fuel pump, oil draining pit, or other vehicle appliance for serving automobiles shall
be located within 15 feet of a right-of-way.
(3) Bulk storage of flammable liquids shall be underground.
(4) The entrance and exit of any such establishment shall be at least 50 feet from any
residential lot.
(5) No storage or stockpiling of tires or any trash shall be permitted.
(6) All inoperative vehicles shall be completely screened from view of rights-of-way and
adjoining properties.
(7) An area, enclosed by a wall or fence, screened from view of adjoining properties and
rights-of-way shall be established whenever outdoor storage is required.
(8) No fuel pumps, structures or buildings shall be erected within 150 feet of any dwelling.
(9) All lights shall be diverted toward the station or downward on the lot.

Marina: special exception with conditions use in the MC District, subject to the requirements
of the district where located, except as herein provided:
(1) The marina shall comply with all Town, state, and federal codes, regulations, laws, and
ordinances.
(2) The proposed design shall be satisfactory as regards such safety features as the location

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of fueling points, fuel storage, the effect on navigation, the possibilities for water
pollution, and service by fire hydrants.
(3) The projection of docks, wharves, and piers into waterways shall be limited by
applicable Town, state and federal laws.
(4) Groins, levees, bulkheads, pilings, breakwaters, and other similar structures shall be
erected and maintained in accordance with applicable location and construction
standards of the Town, state, and other required regulatory agencies.
(5) Adequate sanitary facilities shall be provided. The Planning Commission may specify
the number.
(6) Each marina shall maintain fire suppression and prevention equipment and facilities and
shall conform to the requirements of the State Fire Marshal. Interior roadways shall be
of sufficient width and maintenance to accommodate fire and emergency equipment.
(7) Containerized trash receptacles shall be required within a reasonable distance of all
piers.
Z.

Transformer station, structures housing switching equipment and regulators, tower
transmission line right-of-way, towers, and radio and/or television transmitter tower, cellular
tower, etc.: special exception with conditions use in all districts, subject to the requirements
of the district where located, except as herein provided:
(1) In any residential district, the proposed use at the location selected is necessary for
public convenience and service and cannot be supplied with equal public convenience
if located elsewhere.
(2) In any residential district, whenever practicable, buildings and structures shall have the
exterior appearance of residential structures.
(3) In any residential district, neither public business office nor any storage yard or storage
building is operated in connection with it.
(4) In the case of radio, cellular, and/or television transmitter towers, any such tower shall
be located a distance equal to its height plus 50 feet from all lot lines.
(5) There shall be no electrical disturbance emanating from any use or lot which would
adversely affect the operation of any equipment on any other lot or premises.
(6) Transmission and distribution facilities should be located underground unless cause can
be shown why they cannot be placed underground.

AA. Storage in association with permitted marine commercial activities: special exception with
conditions use in the RC District, subject to the following:
(1) The use shall be limited to permitted marine commercial activities located on the same
property or a contiguous property where there is a direct and functionally connected
relationship.
(2) Clearing of forested land to accommodate the use is strictly prohibited.

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(3) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.
BB. Aquaculture:Excerpts
special exception
conditions
in the RCPlan
District, subject to the following:
from thewith
2024
Comprehenive
(1) The use shall be limited to waterfront properties or to properties that are contiguous to,
and functionally connected with, waterfront properties.
(2) Whether Article X, Forest Conservation, is applicable or not, the removal of trees on the
property shall be strictly limited to only that extent necessary to make reasonable use of
the property and the applicant shall submit a plan documenting both existing and
planned tree cover including an inventory of trees to be removed and replaced.
(3) There shall be only species usage that are native to this region.
(4) The addition of impervious surface coverage shall be strictly limited to only that amount
necessary to enable reasonable use of the property and, where feasible, pervious
surfaces should be used as an alternative.
CC. Customary home occupation: conditional use in the NC, TC, PC and MC Districts, subject to
the requirements of the district where located, except as herein provided:
(1) The occupation is conducted entirely within the dwelling or accessory building and is
clearly secondary to the use of the dwelling for residential purposes.
(2) The occupation uses no more than 30% of the principal dwelling floor area.
(3) All employed are family members residing in the dwelling, except that one full-time
nonresident employee may be on the premises.
(4) No outside storage of equipment, materials or items to be repaired or sold shall be
permitted.
(5) No article or commodity is offered for sale or is publicly displayed on the premises
except those incidental to the services offered.
(6) No display of products may be shown so as to be visible from outside the dwelling, and
no advertising visible outside the premises shall be permitted, other than the permitted
home occupation announcement sign.
(7) No exterior alterations, additions, or changes to the structure shall be permitted in order
to accommodate or facilitate a home occupation.
(8) Besides the required parking for the dwelling unit, additional parking located to the side
or rear yard shall be provided as follows: one space for each nonresident employed on
the premises and three additional spaces for a physician or dentist.
(9) A nameplate not larger than two square feet attached to the building and illuminated
only by indirect lighting is permitted.
(10) A home occupation shall not be interpreted to include such uses as tourists' homes,

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animal hospitals, tearooms and restaurants.
(11) The establishment or operation of a home occupation shall be harmonious with the
character of neighboring residential uses and shall not create traffic (pedestrian or
vehicular) or parking demands out of character with neighboring properties.
(12) A zoning permit is obtained.
DD. Garage sales, yard sales, estate sales: conditional use in all districts, subject to the
requirements of the district where located, except as herein provided:
(1) Articles for sale consist of personal possessions of the seller.
(2) Such sale is not conducted in the same location more than once a month.
EE. Carnival or similar transient enterprise: special exception with conditions use in the PC
District, subject to the requirements of the district where located, except as herein provided:
(1) The use shall be sponsored by an organization qualified under Chapter 424 of the 1941
Acts of the General Assembly of Maryland (Section 249 of Article 27 of the Annotated
Code of Maryland).
(2) The use shall not exceed 10 days in duration and shall not include any permanent
structures.
FF. Temporary building incidental to construction (nonresidential): conditional use in the TC, PC
and MC Districts, subject to the requirements of the district where located, except as herein
provided:
(1) Provided that it is removed when construction is finished.
(2) The temporary structure is permitted for a period of one year. A one-year extension may
be permitted upon application to the Public Works/Zoning Administrator.
GG. Retail establishment carrying one type of interrelated goods, such as a bookstore, gift shop,
florist shop: conditional use in the RV-1 District, subject to the requirements of the district
where located except as herein provided: [Added 9-21-2023 by Ord. No. O-23-21]
(1) The use shall be an integral part of an existing and otherwise permitted mixed-use
commercial and multifamily development that was permitted, platted, and recorded
prior to January 20, 2005.
HH. Personal services, including barbershops, salons, laundry, dry cleaning (receiving stations),
travel agency, insurance, real estate, repair shops for shoes, bikes, watches, locks: conditional
use in the RV-1 District, subject to the requirements of the district where located except as
herein provided: [Added 9-21-2023 by Ord. No. O-23-21]
(1) The use shall be an integral part of an existing and otherwise permitted mixed-use
commercial and multifamily development that was permitted, platted, and recorded
prior to January 20, 2005.
II.

Artists, photographer's gallery, studio: conditional use in the RV-1 District, subject to the

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requirements of the district where located except as herein provided: [Added 9-21-2023 by
Ord. No. O-23-21]
(1) The use shall be an integral part of an existing and otherwise permitted mixed-use
commercial and multifamily development that was permitted, platted, and recorded
prior to January 20, 2005.
§ 290-12. Special exceptions through Board of Appeals.
A.

Purpose and intent. There are certain uses which by their nature or design can have an undue
impact upon or be incompatible with other uses of land. These uses may be allowed to locate
within given designated zoning districts under the controls, limitations and regulations of a
special exception.

Authorization. In consideration of an application filed with the Public Works/Zoning
Administrator, the Board of Appeals may authorize the establishment of those special uses
that are expressly listed in a particular district in Table 1 of this chapter.6

Status of special exception uses.
(1) Once a special exception has been approved, any site plan, subdivision plat, building
permit, or zoning and occupancy permit hereafter submitted for the development or use
of the property in accordance with the special exception shall conform with the
approved special exception and no development or use shall be approved by the Public
Works/Zoning Administrator in the absence of such conformance.
(2) Once established, the use shall be conducted in strict accordance with any condition or
restriction imposed by the Board of Appeals and all other requirements of this chapter.
No use shall be enlarged, expanded, increased in intensity or relocated and no condition
of the special exception or a new special exception shall be modified unless an
application is made and approved for an amendment to the special exceptions or a new
special exception is approved.
(3) Once a special exception use is approved, the use shall not be considered a
nonconforming use, but shall, without further action, be considered a conforming one.

Standards. The Board of Appeals shall grant a special exception only if it finds, from a
preponderance of evidence of record, that any proposed use submitted for a special exception
will meet all of the following general standards as well as any specific standards or
conditions listed for the proposed use.
(1) The establishment, maintenance and operation of the special exception will not be
detrimental to or endanger the public health, safety, or general welfare.
(2) The special exception shall be such that it will be harmonious in character as well as
appropriate in appearance with and will not be injurious to the use and enjoyment of
other property in the neighborhood for the purposes already permitted, nor substantially
diminish and impair property values within the neighborhood.

Editor's Note: Table 1 is included at the end of this chapter.

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(3) The establishment of the special exception will not impede the normal and orderly
development and improvement of surrounding properties for the uses permitted in the
district.
(4) Establishment and operation of the special exception will not adversely impact the
capacity and/or safety of the Town infrastructure such as roads, water and sewer,
drainage, etc.
(5) The special exception shall be such that pedestrian and vehicle traffic associated with
such use will not be hazardous to or unduly conflict with the existing and anticipated
traffic in the neighborhood.
(6) The establishment, maintenance and operation of the special exception are consistent
with the Town of Chesapeake Beach Comprehensive Plan.
E.

Burden of proof. The applicant for a special exception shall have the burden of proof, which
shall include the burden of going forward with the evidence and the burden of persuasion on
all questions of fact that are to be determined by the Board of Appeals.

Conditions and restrictions. The Board of Appeals, in approving a special exception, may
impose such conditions and restrictions upon the proposed use as it may deem necessary in
the public interest to secure compliance with the provisions of this chapter and to protect the
viability of the implementation of the adopted Chesapeake Beach Comprehensive Plan.

Application procedure.
(1) The Board of Appeals shall not grant a special exception unless and until a written
application is submitted indicating the section of this chapter under which the special
exception is sought and stating the grounds on which it is requested.
(2) Applications for a special exception shall be submitted to the Public Works/Zoning
Administrator on forms supplied by him. The application shall be completed and shall
be accompanied by information which will be necessary to evaluate a given proposed
category or use. The Public Works/Zoning Administrator, upon receipt of a properly
completed and documented application, shall refer the application, along with pertinent
evaluation material, to the Board of Appeals.
(3) The Board of Appeals may request and consider recommendations of the Planning
Commission prior to rendering a decision.
(a) Waiver and special exception notifications. The Mayor and Town Council shall be
notified of all requests for waivers or special exceptions within seven days of the
request.
(4) An application for a special exception may be made by a property owner, lessee or
contract purchaser. A lessee or contract purchaser must file with the application, a copy
of the contract or some form of written statement, which indicates endorsement of the
application by the property owner.

Processing and public hearing requirement.

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(1) The Board of Appeals shall process all applications for special exceptions in accordance
with the provisions in this section and the provisions of Article VII, § 290-29. The
Board, on the application for a special exception, shall make no determination until a
public hearing has been held on it.
(2) Notice shall be given at least 30 days in advance of public hearing. The owner of the
property for which special exception is sought, or his agent, shall be notified by mail.
Notice of such hearings shall be posted on the property for which special exception is
sought and at the Town Hall, and notice shall be published in a newspaper of general
circulation in the Town, at least 30 days prior to the public hearing.
I.

Termination or revocation.
(1) Unless a time limit is specified for a special exception, the same shall be valid for an
indefinite period of time, except that if the use or activity should cease for any reason
for a continuous period of one year, the special exception shall automatically terminate
without notice. The approval of a new special exception shall be required prior to any
subsequent reinstatement of the use.
(2) A special exception shall be revocable on the order of the Board of Appeals at any time
because of the failure of the owner or operator of the use covered by the exception to
observe all requirements of law with respect to the maintenance and conduct of the use
and all conditions in connection with the exception that were designated in issuing the
same. Before revoking any special exception, however, the Board of Appeals shall give
the holder thereof at least 10 days' written notice of violation. If, within 10 days, the
exception holder so requests, the Board of Appeals shall hold a hearing on the
revocation of the exception, giving the applicant advance written notice of the hearing
date.
(3) Where a special exception has not been established by the issuance of a zoning permit
within one year after the date of granting the special exception, the special exception
shall expire. However, the Board of Appeals, in its discretion and upon a showing of
good cause, may grant up to two successive extensions of the granting of the special
exception for periods of not longer than six months each, provide that a written request
for each extension is filed while the prior grant is still valid.
(4) The foregoing provisions shall not be deemed to preclude the use of any other remedy
prescribed by law or by this chapter with respect to violations of the provisions of this
chapter.

§ 290-13. Cannabis businesses.7 [Added 12-21-2023 by Ord. No. O-23-24]
No business may operate an on-site cannabis consumption business within the Town limits of
Chesapeake Beach.

Editor's Note: Former § 290-13, Maintaining commercial district zoning, was repealed 3-16-2023 by Ord. No. O-23-2.

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Excerpts from the 2024 Comprehenive Plan

Page 84 of 115

•
•
•
•

•

An activity center aligned with the water, Kellam’s Field, and Fishing Creek Trail.
A site for local business activity aligned with the marina, Kellam’s Field, views of the
water, boats, and nature, and within easy walking access to neighborhoods.
Improved connection between Kellam’s Field and the rest of Town, bringing life and
purpose to the space.
Reimagining Kellam’s Field with both ballfields and the conversion of lower lying areas
into a naturalized landscaped park for walking and biking and designed to handle
flooding, high water tables, and the emergence of wetlands (See Chapter IV).
Small cottage-type structures reminiscent of the Town’s heritage, that could replace the
pavilions that exist today and/or serve as space for special events and fairs.

In summary, the overall framework for land use favors preserving the remaining natural resource
areas and sustaining the quality of life and vitality by conserving, enhancing, and renewing the
parts of Town already developed. In this regard, public and private investment is encouraged to
promote the emergence of vibrant commercial and civic centers. Most notably the Plan
encourages the development of a new town center.

Future Land Use
Map 13 designates the following general recommended land use categories: resource
conservation, residential, institutional, and commercial. They are described in Table 4 and
discussed below. The Land Use Plan map is the Town’s official guide to the use and
development of land through 2040 and the basis for updating the official Zoning Map.

57
23

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S
DREW
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Sourced By: Calvert County and Maryland Government GIS.
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MAP 13
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TABLE 4

General Land Use Categories
Land Use

Purpose

Primary Example Uses

Resource Conservation

Protect natural resources and sensitive areas from
the impacts of development

Trails, parks, woodlands, nature centers, and
where applicable, water-dependent low
impact resource and recreational uses such
as aquaculture, fishing, boating.

Resource Reserve

Conserve the wooded and naturalized residential
setting, and where existing steep slopes, stream
buffers, and wetlands

Single-family detached houses on large lots,
open space and woodlands

Suburban, cluster

Conserve the character of more recently
developed neighborhoods which are clustered
among preserved woodlands and open spaces

Single-family detached houses

Medium Density

Conserve the character of the neighborhoods
south of Fishing Creek distinguished by houses
built along narrow streets on the hilly and wooded
terrain

Single-family detached houses

Residential Village 1

Conserve traditional cottage neighborhood
character

Single-family detached houses

Residential Village 2

Conserve the traditional cottage neighborhood
character

Single-family detached with allowance for
other housing types compatible with
neighborhood character

High Density

Conserve the quality of denser housing projects

Single-family attached and multi-family
buildings

Foster the preservation of local institutions

Government offices, schools, religious and
community buildings and facilities

Neighborhood

Promote neighborhood scale commercial uses

Retail, restaurants, offices

Town

Foster commercial redevelopment and vibrant
business centers

Retail, restaurants, offices, and housing
above commercial

Commercial Plaza

Retain shopping center and essential local serving
commercial activities with space for parking

Retail including grocery and pharmacy,
banking, and other local serving commercial
services

Maritime

Encourage a thriving maritime and entertainment
district

Retail, restaurants, offices, marinas and
maritime uses

Residential

Institutional

Commercial

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Resource Conservation16
The Resource Conservation land use designation identifies natural lands and open spaces that

either cannot safely support development, would be irreparably harmed by development, or
whose loss would impair local water quality, flood management, wildlife habitat, and scenic
beauty.
Sensitive natural areas sustain the quality of life, public health, and natural beauty of
Chesapeake Beach. Marshlands and wetlands help attenuate flooding in the lower lying
sections of Town, improve the water quality of Fishing Creek and the Bay, and provide habitat
for native plants, fish, and wildlife that are part of the Town’s character and beauty. Steep slopes
left in a natural wooded condition minimize soil erosion and pollutant runoff to streams and by
extension the Bay. Forested areas moderate temperatures for nearby residents and provide
habitat for the birds and wildlife that residents and visitors see from the Fishing Creek Trail.
Vegetated buffers along streams maintain water quality and slow erosion. The preservation of
these natural resources is also important to the Town’s economy which is supported by tourism.
The 2002 Comprehensive Plan first applied the Resource Conservation category. With the
subsequent adoption of the zoning district, also called Resource Conservation, areas so
designated have been protected from development and loss. This Plan expands the areas
recommended for Resource Conservation to much of the remaining undeveloped steeply
sloped forested areas, to areas most acutely impacted by sea level rise, and to woodlands
preserved when residential subdivisions were platted.
The measures available to the Town to protect areas planned for Resource Conservation
include amending the zoning map to reclassify them as Resource Conservation, requiring that
the most sensitive parts of sites remain in a natural condition if land development on the less
restrictive parts of a site is allowed, and acquiring conservation easements or the properties
themselves in fee simple. Some of the very large woodlands surrounding recent subdivisions for
example are protected by plat restrictions and conservation easements.
The next two exhibits highlight the Town’s modern residential subdivisions and associated
forests. The first shows the inventory of forest cover throughout the Town. The second shows
the portions of these forests that are protected through forest conservation or through a special
covenant for wild bird habitat protection. It also shows forested areas that are platted as open
space within subdivisions. Each category is described below:

Also See Chapter IV, Natural Resources.

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Major Home Owner Association Open Space Set-asides,
Forest Conservation Areas & Residual Parcels

Residential Subdivisions
The Highlands
Bayview Hills
The Heritage
Richfield Station
Chesapeake Village

woodlands

The Highlands

Protected Forest Lands In Major Subdivisions

The
Heritage
Richfield
Station

Bayview Hills

Richfield
Station

Forest Conservation Areas
Forest Interior-Dwelling (FIDS) Bird Habitat
Protection Easement Area
Forested Subdivision Open Space

Chesapeake
Village

Page 89 of 115

•

In compliance with the requirements of the Natural Resources Article of the Annotated
Code of Maryland, Chesapeake Beach administers forest conservation regulations. These
are set forth in Article X, Forest Conservation, of the Town’s Zoning Ordinance. The Town
secured the retention and protection of those forests shown in the exhibit as “Forest
Conservation Areas” through its forest conservation regulations during the subdivision
approval process. These forests are preserved by recorded plat within Richfield Station,
The Heritage, and Chesapeake Village.

•

The largest area shown in the exhibit above is a 202.78-acre forest which is protected by
covenant and agreement between the Richfield Station II Joint Venture, LLP, and the Town
of Chesapeake Beach. By covenant, enforceable by the Town, it must remain preserved
forest interior bird habitat as a required mitigation for development in the Critical Area.
No development activities, agricultural use or forestry is permitted; however recreational
activities including walking trails are permitted upon review and approval of the Critical
Area Commission. A copy of the Protective Covenant and Agreement can be found in
Appendix D of this report.

•

The exhibit above also shows forested areas, platted as open space before the enactment
Forest Conservation statues and regulations. These are within Bayview Hills and The
Highlands, subdivisions that predate the Maryland Forest Conservation Act of 1991 and
the Regulations, enacted in 1992. While the open space status of these areas is secured
by recorded plats, the tree cover on those parcels is not protected by Town or State law
or regulation. This Plan recommends that the Town investigate the ownership of forests
platted as open space and the effectiveness of protective measures now in place and
pursue optimal approaches to ensure permanent preservation as may be needed.

The Resource Conservation designation is also drawn to encompass lands that are currently in
use for parks such as Kellam’s Field and Bayfront Park. It also includes lands that this Plan
recognizes as potential park sites to provide public recreational access to the water. These areas
are discussed and mapped in Chapter VIII, Community Facilities. The most prominent of these is
the 50-acre forested shoreline property extending from Bayfront Park along the east side of MD
Route 261 to the southern municipal border. This area, known as the Randle Cliffs Heritage Area,
is the last remaining undeveloped bay front parcel in Chesapeake Beach. At the earliest
opportunity, the Town should secure its public acquisition for much needed parkland and
recreational water access and protect its unique biodiversity for all time17.

This has long been planned, dating at least back to the adopted 1990 Northeast Sector Community Facilities Plan which was
adopted jointly by Calvert County, North Beach and Chesapeake Beach. The Northeast Sector Community Facilities Plan is
discussed in Chapter III, Municipal Growth.

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The Resource Conservation areas within Chesapeake Beach encompass the shoreline beaches
and cliffs, the wetland tributaries, and the forest buffers of the Chesapeake Bay. In addition to
sustaining important ecological functions necessary to the Bay’s health, these areas play an
important role in supporting Chesapeake Beach in its historic capacity as a recreation
destination.
The scenic forest buffers outlining the wetland bird habitat that can be viewed from the Railway
Trail at Fishing Creek; the fossil filled eroding cliffs, forest wildlife habitat and natural beaches
within and adjoining Bayfront Park, and other water, wetland and forest access points and vistas
cultivate the natural allure of Chesapeake Beach, the value of which cannot be measured. For
this reason, we recommend that the Resource Conservation areas do not permit residential land
use, and that they are instead maintained in their most pristine and natural form, allowing only
for, under very stringent requirements, low impact access to recreation and commercial
activities.

Residential
The Residential category is divided into six land use types reflecting the development patterns,

character, and housing types that exist today. No substantive change is contemplated in
existing neighborhoods or housing developments. This Plan’s main recommendation is to
conserve and enhance the Town’s diverse residential areas and their housing types. Chapter VI,
Housing contains specific recommendations regarding zoning changes to facilitate new housing
units in residential areas without the necessity of new development such as through converting
large residences into assisted senior care homes.

The Town’s original cottage neighborhoods include the Stinnett Subdivision and the Middle
Subdivision both of which are designated Residential Village on Map 13 and the
Campgrounds, which is designated Medium Density. To varying degrees, these original
neighborhoods contend with drainage issues, limited on-street parking shortages, narrow and
steeply sloping hillside streets, missing sidewalks, and street lighting, and to some extent
property maintenance and zoning code violations. The Town will enhance older
neighborhoods by:
•

Preparing neighborhood-based improvement plans in coordination with residents to
address sidewalks, crosswalks, streetlights, street trees, parking issues, drainage, open
space, and other matters.

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•

Strictly enforcing the Town’s new livability and rental codes (enacted in 2018) to ensure
that safe and high-quality housing is sustained in Chesapeake Beach for the Town’s
renters.

•

Excerpts from the 2024 Comprehensive Plan

Encouraging applicants for zoning approvals to prepare and record amendment plats to
eliminate platted parcel lines that bare no semblance to actual property ownership,
which will improve the informed transfer of property, the drawing of zoning district
lines, and the construction of improvements on private property.

•

Adopting new development standards, including lot coverage standards to regulate
building activities more appropriately on lots in the Residential Medium Density district
on or near steep slopes, especially along the shoreline cliff on B Street.

•

Preparing a Town wide property survey to ensure a sound basis for establishing legal
property boundaries to support real property searches and rebuilding in the event of
catastrophic storm events.

To promote compatibility between new and existing housing and generally to favor housing
types that readily fit in with existing neighborhoods, the Plan recommends the following with
respect to the Zoning Ordinance:

•

Rescind the bonus density overlay district in its entirety. This provision of the Zoning
Ordinance has allowed the Planning Commission to approve apartment and
condominium buildings that can exceed 50 feet in height. Without the overlay district,
building height would remain capped at 35 feet and new housing would be compatible
with existing housing.

•

Replace the High-Density residential district on the east side of MD Route 261 between
Veterans Park and 28th Street with the Residential Village district. This area is designed
RV-1 on the Future Land Use Map. With this change in land use policy the High-Density
zoning district would apply only to existing high density housing.

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•

Remove multi-family housing, duplexes, and townhouses as permitted uses in those
parts of the Residential Village district designated on Map 13 as Residential Village 1
(RV-1). With this change, townhouse developments in areas designated RV-1 would be
permittedExcerpts
only where
theythe
are2024
built today.
from
Comprehenive Plan

•

Continue to allow a variety of housing types in those parts of the Residential Village
district designated on Map 13 as Residential Village 2 (RV-2), provided applicants obtain
site plan approval and comply with building design standards once they are adopted.

•

Prepare and adopt building design standards applicable to residential areas, which may
be a combination of regulatory requirements and recommended guidelines, as
discussed later in this Chapter under the subheading, Community Character.

Institutional

The Institutional land use includes government, non-profit, and quasi-public uses such as
schools, museums, and libraries. Institutional uses shown on Map __ are the North Beach
Volunteer Fire Company, Town Hall, Northeast Community Center, the U.S. Navy boat launch at
Fishing Creek, Chesapeake Railway Museum, Beach Elementary School, Bayside Baptist Church,
and the American Legion18. This designation signals the Town’s intent that these properties
remain in institutional use through 2040.

Commercial
The Commercial designation is divided into four types reflecting the relative intensity of

planned commercial activity. As with the Residential designation, it is recommended that new
buildings in all Commercial areas comply with building design standards and be limited to a
maximum building height of 35 feet. It is further recommended that the bonus density overlay
district, which is currently shown on the Town’s Zoning Map, be removed entirely.

The Twin Beaches Branch of the Calvert Library is presently located in a commercial building at 3819 Harbor Road but will be
relocating to a newly developed site in North Beach in 2023.

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Neighborhood Commercial
As shown on Map 13, the Neighborhood Commercial designation encompasses existing
commercial uses and parcels zoned commercial on Bayside Road south of 18th Street.
The purpose is to allow space for low intensity commercial uses (such as coffee shops, florists,
salons, and offices) and to ensure that new buildings are generally compatible with surrounding
houses. The long-standing practice of converting houses to low intensity commercial uses in
this area is supported as well as the construction of new residentially scaled commercial
buildings provided building design standards are complied with. New residential uses would be
allowed only as residences above street level commercial and existing residential uses would
remain as permitted uses.

Town Commercial
As shown on Map 13, the Town Commercial designation encompasses two existing clusters of
commercial use which are discussed below. The Plan recommends that a variety of commercial
uses continue to be allowed in each area with the goal of fostering architecturally unified and
walkable areas. The first is the area roughly between E and F Streets on Chesapeake Beach
Road. This is referred to earlier in this Chapter as the Gateway center and, as shown on Map 13,
it is drawn to encompass several lots currently zoned for residential use near the road’s
intersections with E and F Street. The proposed Gateway center is approximately 3.2 acres. The
second is the existing commercial uses along the west side of Bayside Road from Chesapeake
Beach Road to Gordon Stinnett Boulevard.
The purpose of the Town Commercial designation is to promote commercial revitalization and
the emergence of a more attractive and welcoming gateway into Town. New residential uses
would be allowed only as residences above street level commercial and existing residential uses
would remain as permitted uses. The Commercial area, unlike other locations, would allow a
mix of commercial and residential uses.

Commercial Plaza
As shown on Map 13, the Commercial Plaza designation applies to the Chesapeake Station
Shopping Center and the commercial parcel at the intersection of Harbor and Bayside Roads.
This designation signals the Town’s intent that this area remains as a valuable center for local
retail uses with space for parking.

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Maritime Commercial
As shown on Map 13, the Maritime designation encompasses the part of Town centered on the
Fishing Creek Bridge, including the existing boating and marina activities along Harbor Roads
and Mears Avenue. These include the Town’s working waterfront uses, recreational boating,
overnight accommodations, and restaurants. The goals for this special area are:
•
•
•
•

Promoting the diversity of maritime and water-related commercial uses and intensities
that have long defined the Town’s historic waterfront
Promoting active and vibrant commercial activities at the street (grade) level where
walking is safe and enjoyable
Establishing public pedestrian access to and along the waterfronts
Preserving the remaining scenic vistas to the Chesapeake Bay (on the east) side and the
expansive Fishing Creek marsh (on the west).

Because the Maritime area is especially impacted by sea level rise, as documented in Chapter
IV, it is recommended that land uses, development, and building activities adhere to the policy
guidance in this Chapter, under the heading, Adapting to Sea Level Rise and Flooding
Vulnerabilities. Additionally, over-intensification of development in this area is a concern, and
assessments of public infrastructure, traffic studies, noise or light pollution, and other relevant
factors should be carefully evaluated when considering project approvals to avoid adverse
impacts to residents and nearby recreational or commercial properties.

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Community Character
A recurring theme in this chapter of the Plan is the promotion of compatibility between new and
traditional buildings with the objective of protecting the Town’s essential character. Promoting
harmony and cohesiveness is an essential objective of town planning, one that was traditionally
achieved in large part because property owners within a place (and local builders) shared a
common design language. But that is hardly the case anymore.
Local properties can be owned by outside corporations that design their buildings to advance
brands rather than to complement a streetscape. Regretfully, many builders have their
“models” which work for consumers whether a lot is in a small coastal town or a new suburban
subdivision, which means that, even in the oldest neighborhoods of Chesapeake Beach,
traditional cottages can be replaced with homes that bear no resemblance to the Town’s
unique history and setting. Because many property owners build with little regard for
community character, it can be eroded over time, leaving fewer and fewer examples of
traditional character remaining as guideposts. Even local property owners, when they contend
with the opportunities and constraints of land economics and finance can lose sight of the
shared building norms and ideas that shaped the character of buildings and sites throughout
the Town’s history.
It is the Town’s position that the essential character defining elements of buildings in
Chesapeake Beach must be used as the model for future buildings, site improvement and
development. The Planning Commission rejects formulaic building design and franchise
architecture and signage and new buildings or site layouts that impair rather than complement
the Town’s bayside character.
It also rejects the idea that builders should slavishly adhere to architectural styles customary to
Chesapeake Beach or mimic existing buildings. The important thing is that new buildings be
compatible with the old, not that they look like the old. New buildings should look like they
belong; they should have elements, scale, massing, colors, and materials that harmonize with
the established community character.
This Plan recommends that a study be commissioned to evaluate the character of the buildings,
signs, and structures in Town and to select those buildings and building elements that set the
standard for a traditional architecture and design character that is unique to Chesapeake Beach.
Upon completion of this study, the Town could create and adopt architectural, building, and
site design guidelines that would shape both infill on vacant lots and redevelopment.
Application of design standards is most appropriate where the physical and visual properties of
development can significantly influence the character of the Town.

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Because buildings and community design cannot be separated from their unique physical
setting and “sense of place”, the above mentioned study should identify all character-defining
landmarks and the best sight lines to the Bay, Fishing Creek, and elsewhere. The preservation of
sight lines would then be protected through new development regulations.
Community character is also defined in part by the types of uses, especially commercial uses,
permitted within a town. While Chesapeake Beach has a tourism base owing to its waterfront
setting, it is primarily and overwhelmingly a residential community. Since the Town is relatively
compact, commercial uses have the potential to adversely impact residential character and
public health and welfare. The Town currently prohibits adult entertainment establishments and
massage parlors, and this Plan recommends that the following additional uses be specifically
prohibited: industrial uses, landfills, junk and salvage yards, medical and recreational cannabis
dispensaries, casino gambling venues, drive in movie theaters, and smoke and vape shops19.

Adapting to Sea Level Rise and Flooding Vulnerabilities
Introduction
The Town’s vulnerability to sea level rise and increased incidence of flooding is explored in

Chapter IV and significant recommendations that have a bearing on this land use plan are
presented there. Chapter IV focuses on three vulnerability zones:
•

Zone 1is located along the shoreline north of north of Chesapeake Beach Road to North
Beach town line.

•

Zone 2 is in the center of Town encompassing the maritime areas.

•

Zone 3 is located along the southern shoreline of Fishing Creek.

Chapter IV also identifies parts of each of the vulnerability zones that may be permanently
covered with tidal water by 2050 and 2100 and areas subject to significantly higher risks of
flooding. The maps presented there also show the projected extent of the future floodplains
and depth of flood waters considering the rising water levels of the Bay over the next 30 years.
Sea level rise presents a serious long-term challenge for Chesapeake Beach. But if the response
is coordinated and planned, it also presents an opportunity to build on the Town’s heritage as a
bayfront destination and to bring about new and desirable land use patterns. A Comprehensive
Plan is not the place to propose or design specific solutions. For now, it is enough to state that
sea level rise will require new approaches to town planning, land development, and regulation.

Town referendum and Ordinance O-21-1 coney the Town’s strong opposition to sport gambling.

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Principles to Guide Planning
Because sea level rise is a long-term challenge, this Plan adopts basic principles to guide

Chesapeake Beach for the very long term, recognizing that once every 10 years, the Town
would revisit them and the recommendations that flow from them. The principles are as follows:

•

The low-lying land where Fishing Creek meets the Chesapeake Bay is the very heart of
Chesapeake Beach, encompassing the recreational assets and natural resources that
have shaped the Town’s heritage. Continued use of this area and even redevelopment is
not necessarily incompatible with projections of increased flooding.

•

The Town’s natural environment itself can be a guide to how to manage rising water
levels in Chesapeake Beach. The Town’s marshes absorb storm surges and hold back
floodwaters. The Town’s remaining woodlands soak up rainwater reducing the severity
of flooding. The Town’s topography shows that the heart of Chesapeake Beach was built
on and around the natural estuary of Fishing Creek.

•

A long-term response to a rising Chesapeake Bay can be positive and aligned with a
vision of harmonizing land with water. In a coastal town, built as a tourist destination,
rising water levels can be an asset and an opportunity to build upon the Town’s
heritage.

•

Lands that were “made” through the filling in wetlands, are the most quickly threatened
by sea level rise. Allowing space for water to reclaim parts of these areas and for
wetlands to migrate within them can help recreate nature’s role in holding back flood
waters and buffering storm surges.

•

Unplanned and uncoordinated efforts to raise the elevation of the land or build
structural flood defenses including seawalls, raised bulkheads, shoreline revetments, etc.
are counterproductive to ongoing efforts to coordinate an effective strategy to address
sea level rise. Such measures must only be undertaken in a coordinated way consistent
with an adopted plan.

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•

Rising water levels expand the area that is vulnerable to flooding. As the Bay rises, some
areas that do not flood today are predicted to flood in the future and some areas that
do in fact flood today are predicted to experience more frequent and severe flooding
events20.

Master Plan for Flood Risk Reduction
At the earliest date possible, it is advisable that the Town prepare and adopt a master plan for flood
risk reduction. This plan would include land use and infrastructure guidance for risk reduction. It
could be adopted as an amendment to this Comprehensive Plan.
The purpose of the plan will be to evaluate and select flood mitigation techniques at both parcel
and zonal levels (see Chapter IV). Following the Guiding Principles and recommendations of the
Comprehensive Plan, the master plan would advance specific land use policies, landscape design
measures to lower the risk of flooding, architectural guidance for new buildings and structures, and
civil engineering recommendations.
Measures which may flow from this master plan could include building seawalls and revetments,
creating wetlands, artificial flood retention ponds, floodwater diversion channels, shoreline and
inland berms, and other measures that can both mimic natural drainage patterns as well as
structurally hold back floodwaters.

Land Use and Development Recommendations
Three layers of recommendations flow from the principles noted above and the findings and

analyses in Chapter IV of this Plan.

Layer 1: The Conversion of Land Uses to Resource Conservation
The Land Use Plan (Map 13) reflects a change in the Town’s planning specifically regarding
areas along Fishing Creek and elsewhere which, over the next 30 years, are projected to be
either underwater or at a 10% annual probability of flooding. Such areas are generally the most
exposed to flooding now and lie furthest from existing public infrastructure such as roads and
municipal water and sewerage lines. This Plan recommends that the Town’s zoning map be
amended to classify these most vulnerable areas as Resource Conservation.

Chapter IV contains maps that show areas projected to be underwater in 2050 and other areas projected to have an annual 1 in 10
probability of flooding by 2050. One in ten is an unacceptably high risk to public health and safety; it is 10 times the potential
found in the officially regulated FEMA (100-year) floodplain. With sea level rise beyond 2050, areas predicted to have a 1 in 10
annual probability of flooding by 2050 are predicted to be open water by 2100.

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These include the western portion of the Harbor Road peninsula (on which the historic
Chesapeake Railway once ran), the area on the south and west sides of the Courtyards at
Fishing Creek, and the area between the parking lot at Horizons on the Bay and the Sea Gate
townhouses. Also included in this category is Kellam’s Field. Existing and future environmental
conditions make these areas unsuitable for urban development, which would expose future
persons and property to an unacceptably high risk of harm from flooding and rising water
tables.
As discussed in Chapter VIII, Community Facilities, this Plan recommends against extending
public water, sewerage, roads, and other infrastructure into areas that are at risk of regular or
permanent inundation. Acceptable land uses in these areas would include uses such as,
aquaculture, commercial fishing, charter boating, parks, and even the outdoor recreational uses
and amenities associated with more intensive development on other properties. In the case of
Kellam’s Field, this Plan acknowledges that sea level rise has constrained the development of
park resources and infrastructure and that its optimal use is as a low impact recreational amenity
and a natural resource for buffering the impacts of flooding.

Layer 2: Land Use and Development in High-Risk Areas
There are other areas, such as along Gordon Stinnett Boulevard, Harbor Road, and Bayside
Road from the fire station north, that are expected to be at a substantially higher risk of severe
flooding. As these areas lie adjacent to existing development and/or front directly on public
streets, development and redevelopment would not be restricted to the same degree as in
Layer 1. In other words, it is not necessary that these areas be rezoned to Resource
Conservation through the year 2040. Considerable care, however, will need to be taken in using,
building, and developing these areas to mitigate risks and to reduce impacts to adjoining areas.
Therefore, developers would be required to adhere to Town approved defenses to secure the
safety and sustainability of these properties and ensure the public’s health, safety, and
wellbeing are protected. Designing and building flood mitigation measures will need to
become as customary a part of the development process as designing and building streets and
stormwater management. Also, efforts must be taken to ensure development activities do not
make it more difficult for the public to respond effectively to the risks of sea level rise.

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Layer 3: Existing Areas at High Risk
As the maps in Chapter IV show, there are also areas, already developed, expected to be at
increasingly higher risks of flooding over the next several decades and beyond. Many of these
areas already experience high water tables, encroaching wetlands vegetation, standing water,
and nuisance flooding. In these areas, properties and the public and private streets that provide
access to them are expected to be at heightened risk of sustaining damage and loss. These
areas are shown on the maps in Chapter IV to be either open water or at a 10% annual
probability of flooding and include:
•

Houses on the south ends of David and D Streets

•

Houses clustered along C Street just north of 31st Street

•

Seagate townhouse community

•

North Beach Volunteer Fire Department

•

Windward Key townhouse community

•

Fishing Creek Marina including the public boat launch

•

Northeast Community Center

•

Courtyards at Fishing Creek community

There are various options to address existing areas projected to be at higher risks of flooding,
including infrastructure improvements like raising streets, re-positioning or re-routing drainage
facilities and public utilities, building sea walls or elevating bulkheads. All such actions will be
considerably expensive, and, in some cases, property owners may also need to elevate
buildings or sites altogether. Other options may include the use of state or federal funding to
encourage owners to sell and relocate especially after sustaining storm damage. The master
plan recommended above, and other future studies and plans, done in coordination with
residents and property owners, will ultimately shape the approach over the long term. In the
meantime, should redevelopment be proposed for any property in the aforementioned areas,
the redevelopment should be treated in the same manner as new development under the Layer
2 recommendations noted above.

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SENATE BILL 891
L6, N1

5lr1839
CF HB 1466

By: Senator Senators M. Washington and Kagan
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 9, 2025
CHAPTER ______
1

AN ACT concerning

2
3

Land Use and Real Property – Accessory Dwelling Units – Requirements and
Prohibitions

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

FOR the purpose of requiring, on or before a certain date, the legislative body of certain
counties or municipal corporations to adopt a local law authorizing the development
of accessory dwelling units on land zoned for with a single–family residential use
detached dwelling unit as the primary dwelling unit subject to certain requirements;
providing for requirements for approval of a zoning use permit application, the
calculation of development impact fees or building excise taxes, the creation of
on– and off–street parking spaces, and restrictions on the ability of a utility to
require a certain connection or charge a certain fee, subject to certain criteria;
prohibiting a restriction on use in an instrument affecting the transfer or sale of real
property or any other interest in real property from imposing or acting to impose
certain limitations on the development or use of accessory dwelling units on property
zoned for single–family residential use; authorizing the governing body of a
homeowners association to treat an accessory dwelling unit as a separate lot for
purposes of voting and levying assessments; and generally relating to the
development and use of accessory dwelling units.

19
20
21
22
23

BY repealing and reenacting, without amendments,
Article – Land Use
Section 1–401(a) and (c) and 10–103(a)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)

Page 102 of 115

1
2
3
4
5

BY repealing and reenacting, with amendments,
Article – Land Use
Section 1–401(b)(18) through (30) and 10–103(b)(17) through (23)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)

6
7
8
9
10
11

BY adding to
Article – Land Use
Section 1–401(b)(18); 4–501 through 4–507 4–504 to be under the new subtitle
“Subtitle 5. Accessory Dwelling Units”; and 10–103(b)(17)
Annotated Code of Maryland
(2012 Volume and 2024 Supplement)

12
13
14
15
16

BY adding to
Article – Real Property
Section 2–126, 11B–101(a–1), and 11B–111.11
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

17
18
19
20
21

BY repealing and reenacting, without amendments,
Article – Real Property
Section 11B–101(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

22
23
24
25
26

BY repealing and reenacting, with amendments,
Article – Real Property
Section 11B–117(a)
Annotated Code of Maryland
(2023 Replacement Volume and 2024 Supplement)

27
28

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

Article – Land Use

1–401.

31
32

(a)
counties.

(b)

Except as provided in this section, this division does not apply to charter
The following provisions of this division apply to a charter county:

(18) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS);

[(18)] (19) § 5–102(d) (Subdivision regulations – Burial sites);
41

Page 103 of 115

[(19)] (20) § 5–104 (Major subdivision – Review);

[(20)] (21) Title 7, Subtitle 1 (Development Mechanisms);

[(21)] (22) Title 7, Subtitle 2 (Transfer of Development Rights);

4
5

[(22)] (23) except in Montgomery County or Prince George’s County, Title
7, Subtitle 3 (Development Rights and Responsibilities Agreements);

[(23)] (24) Title 7, Subtitle 4 (Inclusionary Zoning);

[(24)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability);

[(25)] (26) § 8–401 (Conversion of overhead facilities);

9
10

[(26)] (27) for Baltimore County only, Title 9, Subtitle 3 (Single–County
Provisions – Baltimore County);

[(27)] (28) for Frederick County only, Title 9, Subtitle 10 (Single–County

11
12

Provisions – Frederick County);

13
14

[(28)] (29) for Howard County only, Title 9, Subtitle 13 (Single–County
Provisions – Howard County);

15
16

[(29)] (30) for Talbot County only, Title 9, Subtitle 18 (Single–County
Provisions – Talbot County); and
[(30)] (31) Title 11, Subtitle 2 (Civil Penalty).

17
18

(c)

This section supersedes any inconsistent provision of Division II of this article.

SUBTITLE 5. ACCESSORY DWELLING UNITS.

19
20

4–501.

21
22

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

23
24
25
26

(B)

(1)
UNIT THAT IS:

“ACCESSORY DWELLING UNIT” MEANS A SECONDARY DWELLING
(I)

ON THE SAME LOT, PARCEL, OR TRACT AS A PRIMARY
SINGLE–FAMILY DETACHED DWELLING UNIT THAT IS CONSTRUCTED:; AND

Page 104 of 115

1
2
3
4
5
6
7
8
9
10

(II)

NOT GREATER THAN 75% OF THE SIZE OF AND
SUBORDINATE IN USE TO THE PRIMARY SINGLE–FAMILY DETACHED DWELLING
UNIT.

(1)

ATTACHED TO OR THROUGH THE CONVERSION OF A PORTION OF
THE PRIMARY DWELLING UNIT;

(2)

ATTACHED TO OR THROUGH THE FULL OR PARTIAL CONVERSION
OF AN ACCESSORY STRUCTURE LOCATED ON THE SAME LOT, PARCEL, OR TRACT AS
THE PRIMARY DWELLING UNIT; OR

(3)

AS A NEW BUILDING, DETACHED FROM THE PRIMARY DWELLING
UNIT AND ANY EXISTING ACCESSORY STRUCTURES.

(2)

“ACCESSORY DWELLING UNIT” INCLUDES A STRUCTURE THAT IS:
(I)

SEPARATE FROM THE PRIMARY SINGLE–FAMILY DETACHED

12
13

DWELLING UNIT; OR

14
15

(II) ATTACHED AS AN
SINGLE–FAMILY DETACHED DWELLING UNIT.

16
17
18
19
20
21
22

(C)

ADDITION

THE

PRIMARY

(1)

“DWELLING UNIT” MEANS A SINGLE UNIT PROVIDING COMPLETE,
INDEPENDENT LIVING FACILITIES FOR AT LEAST ONE INDIVIDUAL, INCLUDING, AT A
MINIMUM, PERMANENT PROVISIONS FOR SANITATION, COOKING, EATING, AND
SLEEPING, AND OTHER ACTIVITIES ROUTINELY ASSOCIATED WITH DAILY LIFE.
(2)

“DWELLING UNIT” DOES NOT INCLUDE A UNIT IN A MULTIFAMILY
RESIDENTIAL BUILDING.
(D)

“UTILITY” MEANS WATER OR SEWER DISPOSAL SERVICES PROVIDED BY:

23
24

A PRIVATE COMPANY REGULATED UNDER DIVISION I OF THE
PUBLIC UTILITIES ARTICLE;

25
26

(2) THE WASHINGTON SUBURBAN SANITARY COMMISSION
REGULATED UNDER DIVISION II OF THE PUBLIC UTILITIES ARTICLE;

27
28
29
30

(1)

(3)

A SANITARY COMMISSION REGULATED UNDER TITLE 9, SUBTITLE
6 OF THE ENVIRONMENT ARTICLE; OR

(4)

A MUNICIPAL AUTHORITY REGULATED UNDER TITLE 9, SUBTITLE
7 OF THE ENVIRONMENT ARTICLE.

Page 105 of 115

4–502.

2
3
4

THIS SUBTITLE APPLIES ONLY TO THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS ON LAND ZONED FOR WITH A SINGLE–FAMILY RESIDENTIAL USE
DETACHED DWELLING UNIT AS THE PRIMARY DWELLING UNIT.

4–503.
(A)

IT IS THE POLICY OF THE STATE TO PROMOTE AND ENCOURAGE THE

6
7
8
9
10

CREATION OF ACCESSORY DWELLING UNITS ON LAND ZONED FOR WITH A
SINGLE–FAMILY RESIDENTIAL USE DETACHED DWELLING UNIT AS THE PRIMARY
DWELLING UNIT IN ORDER TO MEET THE HOUSING NEEDS OF THE CITIZENS OF
MARYLAND.

11
12
13
14

(B) (1) EXCEPT AS PROVIDED IN THIS SUBTITLE AND SUBJECT TO
PARAGRAPH (2) OF THIS SUBSECTION, THIS SUBTITLE DOES NOT ALTER OR
ABROGATE ANY ZONING POWER OR RELATED AUTHORITY GRANTED TO A LOCAL
JURISDICTION UNDER THIS TITLE.

15
16

LOCAL JURISDICTIONS SHALL ESTABLISH POLICIES THAT
FURTHER THE INTENT OF THIS SUBTITLE.

4–504.

18
19
20
21

(2)

(A)

25
26
27
28
29
30

ON OR BEFORE OCTOBER 1, 2026, EACH LEGISLATIVE BODY

SHALL ADOPT A LOCAL LAW AUTHORIZING THE DEVELOPMENT OF ACCESSORY
DWELLING UNITS ON LAND ZONED FOR SINGLE–FAMILY RESIDENTIAL USE IN
ACCORDANCE WITH THIS SECTION.

(2)

22
23
24

(1)

A LEGISLATIVE BODY MAY ADOPT A LOCAL LAW THAT:
(I)

ESTABLISHES STANDARDS FOR ACCESSORY DWELLING UNIT

SAFETY; AND

(II)

PROHIBITS THE FULL OR PARTIAL CONVERSION OF AN
ACCESSORY STRUCTURE AS AN ACCESSORY DWELLING UNIT IF THE ONLY
VEHICULAR ACCESS TO THE ACCESSORY STRUCTURE IS FROM AN ALLEY.

(B)

A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL APPLY TO ALL
LAND IN THE LOCAL JURISDICTION ZONED FOR SINGLE–FAMILY RESIDENTIAL USE,
PROVIDED THAT:

Page 106 of 115

1
2
3
4
5

(1)

THE PARTY DEVELOPING THE ACCESSORY DWELLING UNIT OWNS
AND HAS THE EXCLUSIVE RIGHT TO USE THE LOT, PARCEL, OR TRACT ON WHICH THE
ACCESSORY DWELLING UNIT IS TO BE DEVELOPED; AND

(2)

THE DEVELOPMENT OF NEW DWELLING UNITS ON THE LOT,
TRACT, OR PARCEL IS NOT OTHERWISE PROHIBITED DUE TO:

(I)

7
8

(II)

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

LIMITATIONS ON AVAILABLE SAFE DRINKING WATER;

THE EXISTENCE
LIMITATIONS ON SEWAGE DISPOSAL; OR

PUBLIC

HEALTH

RISKS

DUE

(III) RISKS ASSOCIATED WITH FIRES, FLOODS, OR LANDSLIDES
PROVIDE FOR CONSTRUCTION OF ACCESSORY DWELLING UNITS THAT MEET PUBLIC
HEALTH, SAFETY, AND WELFARE STANDARDS, INCLUDING RELEVANT BUILDING
CODES AND ADEQUATE PUBLIC FACILITIES PROVISIONS.

(C)

A LOCAL LAW ADOPTED UNDER THIS SECTION SHALL:

(1) REQUIRE THAT THE TOTAL SQUARE FOOTAGE OF THE ACCESSORY
DWELLING UNIT BE LESS THAN THE TOTAL SQUARE FOOTAGE OF THE PRIMARY
DWELLING UNIT;
(2)

REQUIRE THAT THE FINAL DESIGN FOR THE ACCESSORY
DWELLING UNIT SATISFY ALL RELEVANT BUILDING CODE REQUIREMENTS;

(3)

AUTHORIZE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT
BEFORE OR DURING THE CONSTRUCTION OF THE PRIMARY DWELLING UNIT, UNLESS
THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT WOULD RESULT IN THE
NEED FOR A VARIANCE FROM THE ZONING LAW OF THE LOCAL JURISDICTION IN
ORDER TO CONSTRUCT THE PRIMARY DWELLING UNIT;

(4)

EXCLUDE THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT
FROM THE CALCULATION OF DENSITY AND THE APPLICATION OF ANY MEASURES
LIMITING RESIDENTIAL GROWTH THAT PERTAIN TO THE LOT, PARCEL, OR TRACT
PROPOSED FOR THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT; AND

(5)

SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE THAT ADDRESS
OBJECTIVE AND MEASURABLE REQUIREMENTS, INCLUDING:

(I)

MASSING;

(II)

LOCATIONS OF ENTRANCES;
45

Page 107 of 115

(III) SQUARE FOOTAGE; AND

2
3

(IV)
UTILITY.

(D)

5
6
7
8
9
10
11
12

SUBJECT TO § 4–507 OF THIS SUBTITLE, CONNECTIONS TO A

A LOCAL LAW ADOPTED UNDER THIS SECTION MAY NOT:
(1)

REQUIRE, AS A CONDITION TO DEVELOPING AN ACCESSORY
DWELLING UNIT, THAT THE LOT, PARCEL, OR TRACT EXCEED THE MINIMUM SIZE
REQUIRED FOR A PRIMARY DWELLING UNIT IN THE ZONE OR DISTRICT;

(2)

ESTABLISH SETBACK REQUIREMENTS FROM THE SIDE AND REAR
LOT LINES FOR AN ACCESSORY DWELLING UNIT THAT IS CONVERTED FROM AN
EXISTING ACCESSORY STRUCTURE IF:

(I)

THE LOCATION OF THE PROPOSED ACCESSORY DWELLING
UNIT IS IDENTICAL TO THE EXISTING ACCESSORY STRUCTURE; AND

(II)

13
14
15

THE DIMENSIONS OF THE PROPOSED ACCESSORY
DWELLING UNIT ARE IDENTICAL TO OR SMALLER THAN THE EXISTING ACCESSORY
STRUCTURE;

16
17
18
19

(3) FOR AN ACCESSORY DWELLING UNIT OTHER THAN A UNIT THAT
MEETS THE REQUIREMENTS OF ITEM (2) OF THIS SUBSECTION, ESTABLISH SETBACK
REQUIREMENTS THAT EXCEED 4 FEET THE EXISTING ACCESSORY STRUCTURE
SETBACK REQUIREMENTS FROM THE SIDE AND REAR LOT LINES;

20
21
22
23
24
25
26
27
28
29
30
31

(4)

EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION,

REQUIRE:

(I)

IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT
IS LOCATED WITHIN A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE
CREATION OF NEW OFF–STREET PARKING AS A CONDITION TO DEVELOPING THE
ACCESSORY DWELLING UNIT; AND

(II)

IF THE DEVELOPMENT OF THE ACCESSORY DWELLING UNIT
IS LOCATED OUTSIDE A 0.75–MILE RADIUS OF A MASS TRANSIT FACILITY, THE
CREATION OF MORE THAN ONE OFF–STREET PARKING SPACE; OR

(5)

SET CONDITIONS FOR APPROVAL OF A ZONING USE PERMIT FOR
AN ACCESSORY DWELLING UNIT UNDER § 4–505 OF THIS SUBTITLE BASED ON
SUBJECTIVE CRITERIA, INCLUDING:

Page 108 of 115

1
2

7
8

NEIGHBORHOOD COMPATIBILITY, SUCH AS DESIGN OR

(II)

ADVERSE IMPACTS.

(I)

SUBJECT TO SUBSECTION (D)(4) OF THIS SECTION, A A

AESTHETICS; OR

3
4
5
6

(I)

(E)

(1)

LOCAL LAW ADOPTED UNDER THIS SECTION MAY ESTABLISH ADDITIONAL
OFF–STREET PARKING REQUIREMENTS THAT CONSIDER:

THE COST TO CONSTRUCT OFF–STREET PARKING

SPACES;

9
10

WHETHER SUFFICIENT CURB AREA EXISTS ALONG
THE FRONT LINE OF THE PROPERTY TO ACCOMMODATE ON–STREET PARKING;

11
12
13

3.
THE INCREASE IN IMPERVIOUS SURFACE DUE TO THE
CREATION OF NEW OFF–STREET PARKING AND THE RELATION TO ANY APPLICABLE
STORMWATER MANAGEMENT PLANS; AND

14
15
16

4.
VARIABILITY DUE TO THE SIZE OF THE LOT, PARCEL,
OR TRACT ON WHICH THE ACCESSORY DWELLING UNIT OR PRIMARY DWELLING IS
LOCATED.

17
18

A LOCAL LAW ADOPTED UNDER THIS PARAGRAPH SHALL
PROVIDE FOR A WAIVER PROCESS FROM THE PARKING REQUIREMENTS.

19
20
21

(2) BEFORE ADOPTING A LOCAL LAW UNDER PARAGRAPH (1) OF THIS
SUBSECTION, A LEGISLATIVE BODY SHALL COMPLETE A PARKING STUDY TO
DETERMINE THE APPLICABLE NEEDS AND RESTRICTIONS IN THE JURISDICTION.

4–505.

23
24
25
26
27
28
29
30
31

(II)

(A)

A LOCAL JURISDICTION SHALL APPROVE OR DENY A COMPLETE

APPLICATION FOR A ZONING USE PERMIT FOR AN ACCESSORY DWELLING UNIT
WITHIN 90 DAYS AFTER RECEIPT BY THE AGENCY RESPONSIBLE FOR MAKING
ZONING DECISIONS.

(B)

APPROVAL OF A COMPLETE APPLICATION UNDER THIS SECTION SHALL
BE PERFORMED IN A MINISTERIAL MANNER.
(C)

IF AN APPLICANT REQUESTS A DELAY IN THE REVIEW OF AN
APPLICATION, THE 90–DAY REVIEW PERIOD REQUIRED UNDER SUBSECTION (A) OF
THIS SECTION SHALL BE TOLLED FOR THE DURATION OF THE DELAY.
47

Page 109 of 115

(D)

THIS SECTION MAY NOT BE CONSTRUED TO ALTER THE APPELLATE OR

1
2
3

JUDICIAL REVIEW PROCESSES FOR A ZONING USE PERMIT APPLICATION FOR AN
ACCESSORY DWELLING UNIT.

4–506.

5
6
7
8
9
10
11
12
13
14
15

(A)

A LOCAL JURISDICTION MAY NOT CHARGE A DEVELOPMENT IMPACT

FEE OR A BUILDING EXCISE TAX ON AN ACCESSORY DWELLING UNIT WITH A TOTAL
SQUARE FOOTAGE OF LESS THAN 750 SQUARE FEET.

(B)

A LOCAL JURISDICTION MAY CHARGE A DEVELOPMENT IMPACT FEE OR

A BUILDING EXCISE TAX FOR THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT
THAT IS AT LEAST 750 SQUARE FEET IF THE IMPACT FEE OR BUILDING EXCISE TAX
IS:

(1)

ASSESSED PROPORTIONATELY IN RELATION TO THE SQUARE
FOOTAGE OF THE PRIMARY DWELLING UNIT; AND

(2)

SET AT AN AMOUNT THAT DOES NOT CREATE A DE FACTO
PROHIBITION ON THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT.

(C)

A LOCAL JURISDICTION MAY ESTABLISH A PROCESS BY WHICH AN

16
17
18

IMPACT FEE OR BUILDING EXCISE TAX CHARGED UNDER THIS SECTION MAY BE
WAIVED OR REDUCED.

4–507.

20
21
22

(A)

(1)

THIS SUBSECTION DOES NOT APPLY TO AN ACCESSORY DWELLING

UNIT THAT IS DEVELOPED IN CONJUNCTION WITH A NEW OR SUBSTANTIALLY
RENOVATED PRIMARY DWELLING UNIT.

(2)

SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A UTILITY

23
24
25
26
27
28

MAY NOT REQUIRE THE USE OF A SEPARATE CONNECTION BETWEEN AN ACCESSORY
DWELLING UNIT AND THE WATER OR SEWER MAIN IF THE EXISTING CONNECTION
BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER MAIN IS
DETERMINED TO BE SUFFICIENT TO SUPPORT THE ADDITION OF THE ACCESSORY
DWELLING UNIT.

29
30
31

(3) A LOCAL JURISDICTION MAY ESTABLISH CRITERIA UNDER WHICH
A UTILITY IS AUTHORIZED TO REQUIRE THE USE OF A SEPARATE CONNECTION
BETWEEN AN ACCESSORY DWELLING UNIT AND THE WATER OR SEWER MAIN.

32
33

(B)

IF AN ACCESSORY DWELLING UNIT IS INTEGRATED INTO THE EXISTING

CONNECTION BETWEEN THE PRIMARY DWELLING UNIT AND THE WATER OR SEWER
48

Page 110 of 115

1
2

MAIN, A UTILITY MAY NOT CHARGE A CONNECTION FEE ASSOCIATED WITH THE
INTEGRATION OF THE ACCESSORY DWELLING UNIT.

(C)

A PERSON DEVELOPING AN ACCESSORY DWELLING UNIT MAY ELECT TO

3
4
5

USE A METER THAT IS SHARED WITH THE PRIMARY DWELLING UNIT TO TRACK THE
DELIVERY OF WATER FROM A UTILITY.

10–103.

7
8

City.

(a)

Except as provided in this section, this division does not apply to Baltimore

(b)

The following provisions of this division apply to Baltimore City:

(17) TITLE 4, SUBTITLE 5 (ACCESSORY DWELLING UNITS);

[(17)] (18) § 5–102(d) (Subdivision regulations – Burial sites);

[(18)] (19) Title 7, Subtitle 1 (Development Mechanisms);

[(19)] (20) Title 7, Subtitle 2 (Transfer of Development Rights);

14
15

[(20)] (21) Title 7, Subtitle 3 (Development Rights and Responsibilities
Agreements);

[(21)] (22) Title 7, Subtitle 4 (Inclusionary Zoning);

[(22)] (23) Title 7, Subtitle 5 (Housing Expansion and Affordability); and

[(23)] (24) Title 11, Subtitle 2 (Civil Penalty).

Article – Real Property

2–126.

21
22

(A) (1)
INDICATED.

23
24

(2) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN §
4–501 OF THE LAND USE ARTICLE.

25
26

(3) “RESTRICTION
ON
USE”
RESTRICTION, OR CONDITION CONTAINED IN:

IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS

(I)

INCLUDES

ANY

COVENANT,

A DEED;
49

Page 111 of 115

(II)

A DECLARATION;

(III) A CONTRACT;

(IV)

THE BYLAWS OR RULES OF A HOMEOWNERS ASSOCIATION;

(V)

A SECURITY INSTRUMENT; OR

(VI)

ANY OTHER INSTRUMENT AFFECTING:

THE TRANSFER OR SALE OF REAL PROPERTY; OR

ANY OTHER INTEREST IN REAL PROPERTY.

8
9
10
11
12
13
14
15
16

(B)

(1) IF EXCEPT AS PROVIDED IN PARAGRAPH (2)(II) OF THIS
SUBSECTION, IF A PROPERTY OWNER HAS THE EXCLUSIVE RIGHT TO USE THE
PROPERTY AND ABIDES BY ALL APPLICABLE LAWS AND REGULATIONS, A
RESTRICTION ON USE REGARDING LAND USE MAY NOT IMPOSE OR ACT TO IMPOSE
AN UNREASONABLE LIMITATION ON THE ABILITY OF THE PROPERTY OWNER TO
DEVELOP OR OFFER FOR RENT AN ACCESSORY DWELLING UNIT ON A PROPERTY
ZONED FOR SINGLE–FAMILY RESIDENTIAL USE.

(2)

FOR THE PURPOSE OF PARAGRAPH (1) OF THIS SUBSECTION, AN
UNREASONABLE LIMITATION:

(I)

18
19

(I)

20
21
22
23

INCLUDES INCLUDES A LIMITATION THAT:

SIGNIFICANTLY INCREASES THE COST OF DEVELOPING AN
ACCESSORY DWELLING UNIT; OR
(II)

PROHIBITS PROHIBITS, EITHER EXPLICITLY OR BY EFFECT
OF THE RESTRICTIONS, THE DEVELOPMENT OF AN ACCESSORY DWELLING UNIT; AND
(II)

DOES NOT INCLUDE A LIMITATION ON THE SHORT–TERM
RENTAL OF AN ACCESSORY DWELLING UNIT.

24
25
26
27

(C)

THIS SECTION DOES NOT APPLY TO A RESTRICTION ON USE ON HISTORIC
PROPERTY THAT IS LISTED IN OR DETERMINED BY THE DIRECTOR OF THE
MARYLAND HISTORICAL TRUST TO BE ELIGIBLE FOR INCLUSION IN THE MARYLAND
REGISTER OF HISTORIC PROPERTIES.

11B–101.

Page 112 of 115

1
2

(a)
In this title the following words have the meanings indicated, unless the
context requires otherwise.

3
4

(A–1) “ACCESSORY DWELLING UNIT” HAS THE MEANING STATED IN § 4–501 OF
THE LAND USE ARTICLE.

11B–111.11.

6
7
8
9
10
11

NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROVISION IN
THE DECLARATION, BYLAWS, RULES, DEEDS, AGREEMENTS, OR RECORDED
COVENANTS OR RESTRICTIONS OF A HOMEOWNERS ASSOCIATION, THE GOVERNING

11B–117.

13
14
15

(a)
(1)
As provided in the declaration, a lot owner shall be liable for all
homeowners association assessments and charges that come due during the time that the
lot owner owns the lot.

16
17
18
19
20

(2)
[The] NOTWITHSTANDING ANY PROVISION OF THE DECLARATION,
ARTICLES OF INCORPORATION, OR BYLAWS RESTRICTING ASSESSMENT INCREASES,
CAPPING THE ASSESSMENT THAT MAY BE LEVIED IN A FISCAL YEAR, OR LIMITING
ASSESSMENTS TO EACH LOT, THE governing body of a homeowners association has the

21
22
23
24

BODY OF A HOMEOWNERS ASSOCIATION HAS THE AUTHORITY TO TREAT AN
ACCESSORY DWELLING UNIT AS A SEPARATE LOT FOR PURPOSES OF VOTING ON A
HOMEOWNERS ASSOCIATION MATTER.

authority to [increase]:

(I)

INCREASE an assessment levied to cover the reserve funding
amount required under § 11B–112.3 of this title[, notwithstanding any provision of the
declaration, articles of incorporation, or bylaws restricting assessment increases or capping
the assessment that may be levied in a fiscal year]; AND

(II)

TREAT AN ACCESSORY DWELLING UNIT AS A SEPARATE LOT

25
26

FOR PURPOSES OF LEVYING ASSESSMENTS.

27
28

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2025.

Page 113 of 115

Zoning Update
HB0805 passed the Maryland General Assembly with an effective date of June 1, 2024. This bill clarifies statutory requirements for
where new cannabis businesses can locate, and provides more flexibility to local governments than what was previously authorized
under the Cannabis Reform Act of 2023. HB0805 provides clarity to both new businesses and county and municipal officials. The
Maryland Cannabis Administration (MCA) is providing this document in response to questions received from local governments and
to help inform county and municipal officials on their scope of authority regarding the siting and operation of cannabis businesses.

Note: Items underlined reflect new provisions passed this year by the Maryland General Assembly.

Standard Dispensaries:
Standard dispensaries have physical storefronts and are
authorized to sell cannabis or cannabis products to patients
or consumers. The MCA limited the number of standard
dispensaries by county. The number of awards for each
county can be found on the table in Appendix A.

Standard Dispensaries cannot locate:
• Within 500 feet of any of these pre-existing sensitive
locations:
• Primary school
• Secondary school
• Child care center
• Playground
• Recreation Center
• Library
• Place of worship
• Public Park
• Within 1,000 feet of another dispensary.

Local jurisdictions may:
• Pass an ordinance to increase the distance between
dispensaries to a half mile.
• Pass an ordinance to establish a 100 feet distance
requirement between dispensaries and areas zoned for
residential use only.
• Local jurisdictions may also apply distance limitations
used for licensed alcoholic beverage retailers from an
area zoned exclusively for residential use.
• Reduce the required distance between a licensed
dispensary and any sensitive locations (listed above).
• Reduce the required distance between dispensaries to less
than 1,000 feet.
• Consider and enforce the distance restrictions (listed
above) when making zoning decisions for licensed
dispensaries.
• Prohibit unlicensed retailers from siting in the jurisdiction.

Page 114 of 115

Zoning Update

Local jurisdictions may not:
• Adopt an ordinance establishing zoning or operational
requirements for a licensed dispensary that are more
restrictive than the requirements for licensed alcoholic
beverage retailers in their jurisdiction.
• Establish zoning or other requirements that unduly burden
the cannabis licensee.
• Impose licensing, operating, or other fees or requirements
on a cannabis licensee that are disproportionately greater
or more burdensome than those imposed on other
businesses with a similar impact on the area where the
cannabis licensee is located.
• Prohibit transportation through or deliveries within the
political subdivision by cannabis businesses located in
other political subdivisions.
• Prohibit the adult-use retail of cannabis by licensees
within the jurisdiction.

Growers:
Growers are licensed entities authorized to cultivate
cannabis. Cannabis cultivation may be done either
through field cultivation (outdoors), indoor cultivation, or a
combination of field and indoor cultivation. Regardless of
cultivation method, growers are subject to strict security
regulations, including fencing, lighting and surveillance.
MCA has issued grower licenses in two categories: Standard
and Micro. The award for each category has been made
by region. A map of the MCA’s regions in the State can be
found in Appendix B. Awardees may locate in any jurisdiction
within the region, subject to local approval.

Local jurisdictions may not:
• Establish zoning requirements for an exclusively fieldcultivated grower that are more restrictive than zoning
requirements that existed for registered hemp farms on
June 30th, 2023.1
• Prohibit outdoor cannabis cultivation on a premise that
was properly zoned for outdoor cultivation on or before
June 30, 2023.

Other Provisions:
In 2024, the General Assembly added provisions to allow
local communities to protest the renewal of a cannabis
license under certain circumstances. A protest may be filed
under one of several bases specified in the law, and if the
protest meets the minimum requirements established in law
the MCA must hold a hearing to determine if the license
should be renewed. Protests may only be filed by residents
or commercial tenants located within 1,000 feet of the
licensed premises for the following reasons:
• A violation of the Alcoholic Beverages and Cannabis title;
• A violation of civil or criminal law;
• Conduct by the licensee that creates or maintains
conditions that allow other individuals to act in a manner
that disturbs the peace.

Local jurisdictions maintain the authority to prohibit onsite consumption establishments, or restrict the types of
consumption authorized in the jurisdiction. The MCA has
not issued any On-Site Consumption licenses to date.

1 Only applicable in areas zoned for agriculture.

Page 115 of 115

Zoning Update

Appendix A:
Number of New Dispensary Awards by County
Number Available

County

Number Available

County

Allegany

Harford

Anne Arundel

Howard

Baltimore

Kent

Baltimore City

Montgomery

Calvert

Prince George’s

Caroline

Queen Anne’s

Carroll

Somerset

Cecil

St. Mary’s

Charles

Talbot

Dorchester

Washington

Frederick

Wicomico

Garrett

Worcester

Total: 75

Appendix B:
MCA Regional Distributions

Garre

Allegany

Key

Washington

Frederick

Carroll

Bal more

Montgomery

Howard

Bal more City

Prince George’s Anne Arundel

Harford

Cecil

Kent

Queen Anne’s

Southern Region
Central Region

Charles

Calvert

Talbot

Caroline

Dorchester

Wicomico

Eastern Region
Western Region

St. Mary’s

Somerset

Worcester

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