On the agenda: Chesapeake Beach meeting — Data Center (Feb 4)
Past ⚠ Agenda Watch Chesapeake Beach, Maryland · Wednesday, February 4, 2026 — 7 months ago
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The published agenda for this February 4 meeting contains: "Data Center", "DATA CENTER". The meeting has passed; the record and its outcome live here permanently.
Check the agenda document for the meeting time.
The agenda, word for word
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OFFICE OF THE PLANNING AND ZONINGCOMMISSION
PLANNING COMMISSION
AGENDA
February 4, 2026
6 PM
I.
Call to Order & Roll Call.
II.
Pledge of Allegiance.
III.
Approval of the February 4, 2026 Planning Commission Agenda.
IV.
Approval of the minutes of the December 17, 2025 Planning Commission Meeting.
V.
Public comment on any item on the agenda.
VI.
Closed Session – A motion to close the regular meeting to go in closed session under the
Statutory Authority of the Md. Annotated Code pursuant to General Provisions Article, §3305(b), subsection (7) “to consult with counsel to obtain legal advice” regarding pending
litigation by a Town property owner regarding development rights.
VII. Old Business:
1. Finalizing and approving the fence regulations.
2. Discussion of the Land Use Table, Zoning Map, and Conditional Uses.
VIII. Comments by Commissioners.
IX.
Adjournment
PLANNING AND ZONING COMMISSION
MINUTES OF THE
PLANNING COMMISSION MEETING
DECEMBER 17, 2025
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, Jan Ruttkay, Chris
Smith, and Rachel Larsen Weaver, Commission Members, Sarah Franklin, Town Planner, and
Sharon L. Humm, Commission Clerk.
II.
Pledge of Allegiance. Commission Chair Greengold led the Pledge of Allegiance.
III.
Approval of the December 17, 2025 Planning Commission Agenda.
MOTION: Chair Greengold moved to amend the agenda to move the election of
Chair and Vice-Chair to the end of the agenda and postpone “Land Use Classification
Table” to the January meeting. Seconded by Commissioner Greisman, all in favor.
IV.
Approval of the minutes of the November 19, 2025 Planning Commission Meeting.
MOTION: Vice-Chair Brown moved to approve the minutes of the
November 19, 2025 Planning Commission meeting. Seconded by Commissioner
Smith. Ayes, Commissioners Brown, Greengold, Greisman, and Smith. Abstained,
Commissioners Hauhn and Ruttkay. Motion Passes.
V.
Public Comment on any item on the agenda. None received.
VI.
New Business:
1. Home Occupations – Ms. Franklin gave an overview of her submitted staff report. Currently,
home occupations are not allowed in any residential areas, thus denying applicants wanting to
conduct a home business out of their home. The Town Council, at its November meeting,
directed that the Planning Commission review and recommend changes to the land use table
related to home occupations within ninety (90) days. Ms. Franklin presented two proposed
regulations, one that allows more uses in the RV areas, and additional regulations that would
allow more limited home occupations in other residential areas.
The Commission began with review of the definition for a “Customary Home Occupation.”
Chair Greengold presented a proposed definition for the Commission’s consideration. After
discussion and revision, the definition would read:
“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.
The home occupation must have minimal, if any, changes to the outside appearance to the
residence and has little or no negative impact on the neighborhood where the business is
located.”
MOTION: Chair Greengold moved to approve the home occupation definition
1
as presented above. Seconded by Commissioner Hauhn, all in favor.
The Commission continued with the review of proposed regulations as recommended by Ms.
Franklin for the CC. Customary Home Occupation (1) Conditional Use in the RV-2 area. The
Commission discussed regulations (a) through (l) making several word revisions and deleting (j)
in its entirety.
Continuing with proposed new text, (2) Conditional use in the RV-1, the Commission reviewed
the recommended regulations (a) through (l) making several word revisions and deleting
regulations (g), (j), and (l) in their entirety.
The Commission also discussed and amended the need for permits in certain home occupation
situations.
MOTION: Commissioner Weaver moved to approve all changes as indicated
above and direct the Zoning Administrator to draft and transmit to the Town Council
for consideration. Seconded by Commissioner Ruttkay, all in favor.
2. Fences – Ms. Franklin presented to the Commission for consideration, proposed fence
regulations to be incorporated in the zoning code. Currently, the Town’s fence regulations are
located in Section 110 of the Town’s building code. Approval of fences outside the permitted
height and materials is left to the discretion of the Public Works Administrator. Presently, if an
applicant is denied application approval, then the only recourse is for the applicant to appeal to
the Town Council. It does not allow the applicant to appeal to the Board of Appeals where they
could seek a variance.
Ms. Franklin provided a proposed amendment to Section 290-19 (G) Fences and Walls for
review and discussion. The Commission viewed images of different types of fence material,
vinyl, wood, and chain link, different styles, solid panel fences, and height. Also discussed were
safety issues concerning solid panel fences that could be blown out during strong wind storms.
Ms. Franklin will revise language to state fencing structures must allow for air circulation due to
wind hazard. Ms. Franklin will consult with the engineer on requirements as to how the fence
structure is to be installed. The Commission removed the wording related to the “obstruction of a
scenic view of adjoining property owners” and prohibited barbwire.
Grandfathering was discussed and agreed that this is something that can be added so that all nonconforming fences are permitted to remain. Unless, of course, it is being replaced, then it will
need to conform to current requirements.
Ms. Franklin presented a proposed amendment to subsection J. Front & side yards of corner lots
which would identify how the remaining yards on a corner lot are classified. All street facing
yards shall be considered to be front yards and shall comply with all requirements for required
front yards. Ms. Franklin presented two options for review. Option one (1) would consider the
remaining two yards to be side yards and option two (2) would identify a rear yard and a side
yard. After discussion, the Commission made the following motion:
MOTION: Commissioner Greisman moved to approve option one, “The remaining
two yards shall comply with all requirements for required side yards.” Seconded by
Commissioner Weaver, all in favor.
2
VII.
Old Business:
1. Coastal Resiliency Discussion – Ms. Franklin displayed several mapping options for a future
overlay district for the Commission to consider. The Commission had a number of questions
which Ms. Franklin will research and share at the January meeting.
VIII. Commission to nominate and elect a Commission Chair.
MOTION: Commissioner Weaver moved to nominate and elect Cindy Greengold
as the Commission Chair. Seconded by Commissioner Greisman, all in favor.
IX.
Commission to nominate and elect a Commission Vice Chair.
MOTION: Commissioner Weaver moved to nominate and elect Mary Sue Greisman
as Vice Chair. Seconded by Commissioner Smith, all in favor.
Chair Greengold stated the Commission will continue its review of the Land Use Classification Table
next month. Ms. Franklin stated the Town Council has requested the Commission review the Table
and make recommendations within the next six months concerning Short-Term Rentals and
Accessory Dwelling Units. The Council finds the Table to be overly restrictive and in need of
improvement. Ms. Franklin would like for the Commission to be prepared, as well, to discuss Group
Homes, Cannabis Businesses, Large scale solar, and rooftop solar panels.
The Commission’s next meeting will be January 28, 2026, at 6 p.m.
X.
Adjournment:
There being no further comments, Commissioner Weaver moved to adjourn the meeting at
8:16 pm. Seconded by Commissioner Ruttkay, 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.
3
DRAFT 01-20-2026
Notes:
● strike through indicates text that will be removed
● ALL CAPS GREEN text indicates language that will be added
● ALL CAPS GREEN BOLD text indicates language that has been added or
changed since the Planning & Zoning Commission Review on 12-17-2025
Proposed Amendment to Section 290-19
*
*
*
G. Fences and Walls:
(1) Subject to Subsection J of this section, the provisions of Subsection A of this
section shall not apply to:
(a) Fences or walls that are less than six feet FORTY-EIGHT INCHES FOUR
FEET above the natural grade, or to GARDEN WALLS terraces, steps, or
other similar features not more than three feet higher than the floor
level of the ground story.
(b)PARTITIONING FENCES THAT ARE SIX FEET OR LESS ABOVE THE
NATURAL GRADE, ERECTED AT TEN FEET OR MORE BEHIND THE
FRONT BUILDING LINE OF THE MAIN DWELLING FROM THE CENTER
OF THE FRONT BUILDING SETBACK LINE AND THE REAR BUILDING
SETBACK LINE AND ACROSS THE REAR PROPERTY LINE.
[1] FOR THE PURPOSE OF FORMING AN ENCLOSURE OF THE SIDE
OR REAR YARD, A FENCE OF THE SAME CONSTRUCTION MAY BE
ERECTED BETWEEN THE CENTERS OF THE SIDE PROPERTY
SIDE FENCE LINE AND THE SIDES OF THE DWELLING. THE
PARTITIONING FENCE MUST HAVE A GATE OF THE SAME
MATERIAL AND CONSTRUCTION AS THE FENCE, WITH AN
OPENING NOT LESS THAN THREE FEET WIDE TO PROVIDE
EMERGENCY ACCESS TO THE PROPERTY.
(2) THE BOTTOM RAIL OF ANY FENCE PANEL SHALL HAVE A CLEARANCE ABOVE
THE GRADE OF A MINIMUM OF ONE-AND-ONE-HALF INCHES.
(3) FENCING STRUCTURES MUST ALLOW FOR AIR CIRCULATION DUE TO WIND
HAZARDS.
(a)ALL FENCES SHALL BE DESIGNED AND CONSTRUCTED TO
WITHSTAND A WIND LOAD CONSISTENT WITH THE APPLICABLE
BUILDING CODE. SOLID FENCES (SUCH AS STOCKADE OR VINYL
PRIVACY FENCES) IN AREAS PRONE TO HIGH WINDS GENERALLY
1
REQUIRE CLOSER POST SPACING OR STEEL POST REINFORCEMENT.
SUPPORT POSTS MUST BE SET IN CONCRETE TO A DEPTH OF AT
LEAST ONE-THIRD (1/3) OF THE TOTAL LENGTH OF THE POST, OR
THE MANUFACTURER'S INSTALLATION REQUIREMENTS, DEPTH IS
GREATER.
(4)FENCES MAY NOT RESTRICT ACCESS TO ANY TOWN RIGHT-OF-WAY, UTILITY,
OR EASEMENT. ANY FENCE CONSTRUCTED IN SUCH A WAY THAT IT
RESTRICTS ACCESS SHALL BE SUBJECT TO IMMEDIATE REMOVAL BY THE
TOWN WITHOUT COMPENSATION TO THE OWNER OR REPLACEMENT BY
THE TOWN TO THE OWNER.
(5) FENCES MAY NOT INCLUDE BARBED WIRE.
(6) NO FENCE HEIGHT SHALL EXCEED SIX FEET, EXCEPT AS REQUIRED BY
SECTION 290-21.
(7) NON-CONFORMING FENCES:
(a) LAWFULLY EXISTING FENCES CONSTRUCTED PRIOR TO <DATE OF
ENACTMENT> SHALL BE EXEMPT FROM THIS SUBSECTION EXCEPT
AS FOLLOWS:
[1] ORDINARY MAINTENANCE AND REPAIR, INCLUDING THE
REPLACEMENT OF SLATS, PICKETS, OR INDIVIDUAL
DAMAGED POSTS, SHALL BE PERMITTED. HOWEVER, IF MORE
THAN FIFTY PERCENT (50%) OF THE LINEAR LENGTH OF ANY
SINGLE FENCE LINE (DEFINED AS THE RUN OF FENCE ALONG
A SINGLE PROPERTY LINE) IS REMOVED, REPLACED, OR
ALTERED WITHIN A TWELVE (12) MONTH PERIOD, THE ENTIRE
FENCE LINE MUST BE BROUGHT INTO FULL COMPLIANCE
WITH THIS SUBSECTION.
[2] NO PART OF THIS SUBSECTION SHALL PREVENT THE TOWN
FROM ORDERING THE REMOVAL OR REPAIR OF ANY FENCE
THAT HAS BECOME UNSAFE OR OTHERWISE NOT IN
COMPLIANCE WITH TOWN CODE.
(b)A FENCE SHALL BE CONSIDERED LAWFULLY EXISTING IF:
[1] A VALID BUILDING PERMIT WAS ISSUED FOR ITS
CONSTRUCTION AND IT WAS BUILT IN ACCORDANCE WITH
THAT PERMIT; OR
[2] IT WAS ERECTED PRIOR TO THE ADOPTION OF
REQUIREMENTS FOR BUILDING PERMITS FOR FENCES IN THE
TOWN; OR
[3] IT HAS EXISTED IN ITS CURRENT LOCATION AND
CONFIGURATION FOR A PERIOD OF TEN (10) OR MORE YEARS
WITHOUT ENFORCEMENT ACTION, PROVIDED IT DOES NOT
CONSTITUTE A SAFETY HAZARD OR PUBLIC NUISANCE.
2
*
*
*
J. Front and side yards of corner lots. On a corner lot, the street side yard shall equal
the required front yard for lots facing that street. ALL STREET FACING YARDS SHALL
BE CONSIDERED TO BE FRONT YARDS AND SHALL COMPLY WITH ALL
REQUIREMENTS FOR REQUIRED FRONT YARDS. THE REMAINING TWO YARDS
SHALL COMPLY WITH ALL REQUIREMENTS FOR REQUIRED SIDE YARDS. THESE
SIDE YARDS SHALL BE CONSIDERED REAR YARDS FOR THE SOLE PURPOSE OF
LOCATING OF SWIMMING POOLS OR ANY OTHER STRUCTURE REQUIRED TO BE
LOCATED IN A REAR YARD.
*
*
*
Proposed Amendments to Article XI Definitions
*
*
*
ALTERATIONS
As applied to a FENCE OR 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. IN THE
CONTEXT OF A FENCE, REPLACEMENT OF VERTICAL SUPPORT POSTS
EXCEEDING 25% OF THE TOTAL POSTS IN A FENCE LINE SHALL CONSTITUTE
AN ALTERATION.
*
*
*
3
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
1
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
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.
3
DRAFT
01-30-2026
DRAFT
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
NC
TC
PC
MC
RC
Definitions,
Standards,
& Conditions
Residential Uses
Single-family, Detached
P
P
P
P
P
P
P
P
NP
NP
NP
§ 290-11C(1)
Single-family, Attached
NP
P
P
NP
P
P
NP
NP
NP
NP
NP
§ 290-11C(2)
Townhouse Dwelling
NP
NP
P
NP
P
NP
NP
NP
NP
NP
NP
§ 290-11C(3)
Multifamily Dwelling
NP
NP
P
NP
P
P
NP
NP
NP
NP
NP
§ 290-11C(4)
Dwelling, Accessory
C
C
C
C
C
C
C
C
NP
NP
NP
§ 290-11C(5)
Dwelling Unit in
combination with
Commercial Use
NP
NP
NP
NP
C
C
NP
C
NP
NP
NP
§ 290-11C(6)
1
DRAFT
01-30-2026
DRAFT
R-LD R-MD R-HD RV-1
RV-2
RPC
NC
TC
PC
MC
RC
Definitions,
Standards,
& Conditions
Bed-and-breakfast
SC
SC
SC
SC
SC
SC
C
C
C
C
NP
§ 290-11D(1)
Motel/Hotel
NP
NP
NP
NP
NP
NP
NP
SC
SC
SC
NP
§ 290-11D(2)
Tourist Home
NP
NP
NP
NP
NP
NP
NP
SE
SE
SE
NP
§ 290-11D(3)
Residential Care Facility
SE
SE
SE
SE
SE
SE
NP
NP
NP
NP
NP
§ 290-11D(4)
Group Home
SE
SE
SE
SE
SE
SE
NP
NP
NP
NP
NP
§ 290-11D(5)
Dwelling for Resident
Caretaker
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
Use
Accomodations &
Group Living
§ 290-11D(6)
Institutional, Recreational and Educational Uses
Assembly
NP
NP
NP
NP
NP
NP
SC
P
P
NP
NP
§ 290-11E(1)
Schools
NP
NP
NP
NP
NP
NP
NP
NP
NP
SC
NP
§ 290-11E(2)
Cultural facility
NP
NP
NP
NP
NP
NP
SC
P
P
P
NP
§ 290-11E(3)
Day-Care Center
NP
NP
NP
NP
NP
NP
SC
P
SC
NP
NP
§ 290-11E(4)
Environmental Science
NP
NP
NP
NP
NP
NP
P
NP
P
P
P
SC
§ 290-11E(5)
Parks & Playgrounds
P
P
P
P
P
P
P
P
P
P
SC
§ 290-11E(6)
Governmental Facility
NP
NP
NP
NP
NP
P
P
P
P
P
SC
§ 290-11E(7)
Private Club
NP
NP
NP
NP
NP
NP
NP
P
NP
P
NP
Water-Oriented Recreation
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
SC
2
§ 290-11E(8)
§ 290-11E(9)
DRAFT
01-30-2026
DRAFT
R-LD R-MD R-HD RV-1
RV-2
RPC
NC
TC
PC
MC
RC
Definitions,
Standards,
& Conditions
Game & Wildlife Preserves
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
SC
§ 290-11E(10)
Nature Preserves
NP
NP
NP
NP
NP
P
NP
NP
NP
NP
SC
§ 290-11E(11)
Use
Office and Commercial Uses
Home Occupation, Minor
C
C
C
C
C
C
C
C
C
C
NP
§ 290-11F(1)
Home Occupation. Major
C
NP
C
NP
C
NP
C
NP
C
NP
C
NP
C
C
C
C
NP
§ 290-11F(2)
Home Day Care
SC
SC
SE
SC
SC
SC
SC
NP
NP
NP
NP
§ 290-11F(3)
Offices
NP
NP
NP
C
C
P
P
P
P
P
NP
§ 290-11F(4)
Medical Clinics
NP
NP
NP
NP
NP
P
P
P
P
P
NP
§ 290-11F(5)
Neighborhood Retail
NP
NP
NP
C
NP
NP
P
P
P
P
NP
§ 290-11F(6)
General Retail
NP
NP
NP
NP
NP
NP
NP
P
P
P
NP
§ 290-11F(7)
Personal Services
NP
NP
NP
C
NP
NP
NP
P
P
P
NP
§ 290-11F(8)
General Services
NP
NP
NP
NP
NP
NP
NP
P
P
P
NP
§ 290-11F(9)
Tree & Plant Nurseries
NP
NP
NP
NP
NP
NP
NP
P
P
P
NP
Contractors Shop
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
Restaurant - Class I;
NP
NP
NP
NP
NP
NP
NP
NP
P
P
P
NP
§ 290-11F(12)
Restaurant - Class II
NP
NP
NP
NP
NP
NP
NP
P
P
P
NP
§ 290-11F(13)
Restaurant - Class III
NP
NP
NP
NP
NP
NP
NP
P
NP
P
P
NP
§ 290-11F(14)
3
§ 290-11F(10)
§ 290-11F(11)
DRAFT
01-30-2026
DRAFT
R-LD R-MD R-HD RV-1
RV-2
RPC
NC
TC
PC
MC
RC
Definitions,
Standards,
& Conditions
Tasting Rooms
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
§ 290-11F(15)
Tavern
NP
NP
NP
NP
NP
NP
NP
SC
SE
SC
SE
SC
SE
NP
§ 290-11F(16)
Indoor Entertainment and
Recreation
NP
NP
NP
NP
NP
NP
NP
SC
SC
SC
NP
§ 290-11F(17)
Outdoor Entertainment
and Recreation
NP
NP
NP
NP
NP
NP
NP
SE
SE
SE
NP
§ 290-11F(18)
Animal Care
Establishment
NP
NP
NP
NP
NP
NP
NP
SC
SC
SC
NP
§ 290-11F(19)
Cannabis
NP
NP
NP
NP
NP
NP
NP
NP
<tbd> <tbd> <tbd> § 290-11F(20)
Use
Light Industrial, Utility, and Related Uses
Craft/Artisan Assembly &
Manufacturing
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
§ 290-11G(1)
Automotive Service
NP
NP
NP
NP
NP
NP
NP
SC
NP
NP
NP
§ 290-11G(2)
Marina
NP
NP
NP
NP
NP
NP
NP
NP
NP
SC
NP
§ 290-11G(3)
Aquaculture
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
SC
§ 290-11G(4)
Seafood Processing &
Fishing, Water Dependent
NP
NP
NP
NP
NP
NP
NP
NP
NP
SE
SE
Data Center
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
§ 290-11G(6)
Bio Manufacturing
NP
NP
NP
NP
NP
NP
NP
NP
NP
P
NP
§ 290-11G(7)
Marine Storage
NP
NP
NP
NP
NP
NP
NP
NP
NP
SE
SC
§ 290-11G(8)
4
§ 290-11G(5)
DRAFT
Utilities
SC
Use
SC
SC
01-30-2026
DRAFT
SC
SC
SC
SC
SC
SC
PC
SC
MC
SC
§ 290-11G(9)
RC
Definitions,
Standards,
& Conditions
R-LD R-MD R-HD RV-1
RV-2
RPC
NC
TC
Solar Energy Systems
NP
NP
NP
NP
NP
NP
NP
NP
<tbd> <tbd> <tbd> § 290-11G(10)
Bus/transit Station
NP
NP
NP
NP
NP
NP
NP
NP
NP
SE
NP
§ 290-11G(11)
Garage, Yard, Estate sale
C
C
C
C
C
C
C
C
C
C
C
§ 290-11H(1)
Carnival or similar
transient enterprise
NP
NP
NP
NP
NP
NP
NP
NP
SC
S
NP
§ 290-11H(2)
Building incidental to
construction
NP
NP
NP
NP
NP
NP
NP
C
C
C
NP
§ 290-11H(3)
5
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.
6
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iii.
iv.
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01-30-2026
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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
8
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01-30-2026
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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.
v.
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:
9
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i.
ii.
iii.
iv.
v.
vi.
01-30-2026
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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:
i.
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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v.
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.
x.
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
13
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v.
vi.
01-30-2026
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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.
14
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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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01-30-2026
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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.
17
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01-30-2026
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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
18
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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
20
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vi.
01-30-2026
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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.
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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.
v.
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.
J.
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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- Agenda Watch · Aug 2, 2026
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