The Docket · Government Meeting · DKT-2026-000282

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

Past ⚠ Agenda Watch Chesapeake Beach, Maryland · Wednesday, March 25, 2026 — 6 months ago

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

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

WhereChesapeake Beach, Maryland

On the record“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 66

OFFICE OF THE PLANNING AND ZONINGCOMMISSION

PLANNING COMMISSION
AGENDA
March 25, 2026
6 PM
I.

Call to Order & Roll Call.

II.

Pledge of Allegiance.

III.

Approval of the March 25, 2026 Planning Commission Agenda.

IV.

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

Approval of the minutes of the February 4, 2026, Closed Session.

VI.

Approval of the minutes of the February 25, 2026, Planning Commission Meeting.

VII. Public comment on any item on the agenda.
VIII. Old Business:
1. Discussion of the Land Use Table, Zoning Map, and Conditional Uses.
2. Review and discuss Cannabis and Solar Energy Systems.
IX. Comments by Commissioners.
X.

Adjournment

Page 2 of 66

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 Mary Sue Greisman, Larry Brown, 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: Commissioner Brown moved to approve the February 4, 2026 agenda.
Seconded by Vice Chair 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 Commissioner
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 – Vice Chair 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
Commissioner Brown, all in favor.
Chair Greengold called for a motion to re-open the regular meeting. Vice Chair Greisman
moved to re-open the regular meeting at 6:20 p.m. Seconded by Commissioner Hauhn, all in favor.

Page 3 of 66

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: Vice Chair 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: Commissioner 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.

Page 5 of 66

PLANNING AND ZONING COMMISSION

MINUTES OF THE
PLANNING COMMISSION MEETING
FEBRUARY 25, 2026
I.

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

II.

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

III.

Approval of the February 25, 2026 Planning Commission Agenda.
MOTION: Vice Chair Greisman moved to approve the February 25, 2026 agenda.
Seconded by Commissioner Brown, all in favor.

IV.

Approval of the minutes of the February 4, 2026 Planning Commission Meeting.
MOTION: Vice Chair Greisman moved to approve the minutes of the
February 4, 2026 Planning Commission meeting. Seconded by Commissioner
Brown. Ayes, Commission members, Brown, Greengold, Greisman. Abstained,
Commissioner Smith.
Clerk’s Note: Not having a confirmative vote of four, the minutes of the
February 4, 2026, Planning Commission Meeting will be considered at the March 25, 2026
meeting.

Approval of the minutes of the February 4, 2026, Closed Session.
MOTION: Vice Chair Greisman moved to approve the minutes of the
February 4, 2026, Closed Session. Seconded by Chair Greengold.
Ayes, Commissioners Brown, Greengold, and Greisman. Abstained,
Commissioner Smith.
Clerk’s note: Not having a confirmative vote of four, the minutes of the
February 4, 2026, Closed Session will be considered at the March 25, 2026 meeting.

VI.

Public Comment on any item on the agenda.
1. Ethan Johnson of 3327 Silverton Lane submitted a written comment as a follow up to his
comment from the Commission’s February 4, 2026 meeting, regarding a home occupation.
Ms. Franklin will follow up with an email to Mr. Johnson.

Page 6 of 66

VII.

Old Business:
1. Discussion of the Land Use Table, Zoning Map, and Conditional Uses – Ms. Franklin began
discussion with the zoning map, stating, per the direction of the Commission, she re-assessed the
zoning districts and has provided the Commission with proposed revisions for consideration.
Ms. Franklin recommends, based on the off-street parking availability, eliminating the R-HD
district and rezoning those areas to the RV-2 district. Also eliminating some R-MD areas and
rezone those areas to the RV-1 district. The Commission also briefly discussed the commercial
districts.
The Commission moved onto the review of the Land Use Classification table. Ms. Franklin
provided the Commission with proposed amendments to the Table and a rewrite of Section 29011, including definitions and the necessary conditions for “Conditional” and “Special Exception”
uses. Ms. Franklin reorganized the table into six sections, consolidating and simplifying the
table.
The Commission reviewed each section in the Land Use Table and made a number of
amendments.
Ms. Franklin proposed two types of home occupations, major and minor. She refreshed the
Commission on the difference between the two. After review, the Commission recommended a
few modifications to the conditions.
The Commission reviewed the Prohibited Uses and recommend allowing some of those uses to
be permitted. The Commission will address uses that are currently prohibited in Town but uses
that State law allows.
Ms. Franklin will incorporate the modifications recommended by the Commission for final
review.
The Commission will discuss Cannabis, ADUs, and solar energy systems at the March 25th
meeting.

VIII. Adjournment:
There being no further comments, Commissioner Smith moved to adjourn the meeting at 8:26
pm. Seconded by Vice Chair Greisman, 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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ZONING
290 Attachment 1
Town of Chesapeake Beach
Table 1
Land Use Classifications
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)

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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Dwelling Unit in
combination with
Commercial Use

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DRAFT

§ 290-11C(6)

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

NP
SE

§ 290-11D(4)

Group Home

NP
SE

Use
Accomodations &
Group Living

Dwelling for Resident
Caretaker

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

§ 290-11D(5)
P

NP
§ 290-11D(6)

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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Use

02-23-2026

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

DRAFT

RV-2

RPC

Definitions,
Standards,
& Conditions

Institutional, Recreational and Educational Uses
Assembly

§ 290-11E(1)

Schools

§ 290-11E(2)

Cultural facility

§ 290-11E(3)

Day-Care Center

§ 290-11E(4)

Home Day Care

§ 290-11F(3)

Environmental Science

NP
P

§ 290-11E(5)

Parks & Playgrounds

§ 290-11E(6)

Governmental Facility

§ 290-11E(7)

Private Club

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

§ 290-11E(8)

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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

RV-2

RPC

Definitions,
Standards,
& Conditions

Water-Oriented Recreation

§ 290-11E(9)

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)

Offices

§ 290-11F(4)

Medical Clinics

§ 290-11F(5)

Neighborhood Retail

§ 290-11F(6)

General Retail

§ 290-11F(7)

Personal Services

NP P

§ 290-11F(8)

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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

RV-2

RPC

Definitions,
Standards,
& Conditions

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)

Tasting Rooms

§ 290-11F(15)

Tavern

SC
SE

§ 290-11F(16)

Nightclubs

§ 290-11F(17)

Use

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

§ 290-11F(10)
§ 290-11F(11)

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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Indoor Entertainment and
Recreation

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DRAFT

§ 290-11F(18)

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

RV-2

RPC

Definitions,
Standards,
& Conditions

Outdoor Entertainment
and Recreation

§ 290-11F(19)

Animal Care
Establishment

§ 290-11F(20)

Alcohol Sales

§ 290-11F(21)

Cannabis Business

§ 290-11F(22)

Use

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

§ 290-11G(1)

Automotive Service

§ 290-11G(2)

Marina

§ 290-11G(3)

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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

RV-2

RPC

Definitions,
Standards,
& Conditions

Aquaculture

§ 290-11G(4)

Seafood Processing &
Fishing, Water Dependent

Data Center

§ 290-11G(6)

Bio Manufacturing

§ 290-11G(7)

Marine Storage

§ 290-11G(8)

Utilities

§ 290-11G(9)

Commercial Solar Energy
Systems

§ 290-11G(10)

Bus/transit Station

§ 290-11G(11)

§ 290-11H(1)

Use

§ 290-11G(5)

TEMPORARY USES
Garage, Yard, Estate sale

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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Carnival or similar
transient enterprise

NP C

§ 290-11H(2)

Building incidental to
construction

§ 290-11H(3)

KEY:
P: Permitted
NP: Not Permitted
C: Conditional Use, permitted use subject
to conditions
SE: Special Exception
SC: Special Exception, subject to
conditions

R-LD - LOW-DENSITY
R-MD: MEDIUM DENSITY
RV-1: RESIDENTIAL VILLAGE 1
RV-2: RESIDENTIAL VILLAGE 2
RPC: RESIDENTIAL PLANNED
COMMUNITY

NC: NEIGHBORHOOD
COMMERCIAL
TC: TOWN COMMERCIAL
PC: PLAZA COMMERCIAL
MC: MARINE COMMERCAI
RC: RESOURCE CONSERVATION

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§ 290-9. Purpose and intent of districts.
1.

Purpose of districts generally. Zoning districts are established to provide
appropriate location LOCATIONS 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.

2. 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.
3. 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.
4. 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.
5.

RV-1 Residential Village District-1. The RV-1 District is intended to protect
the single-family residential character, allowing detached houses that are
compatible in design and scale with the HISTORIC prevailing residential
uses and the existing COTTAGE VILLAGE pattern of buildings, streets, and
blocks.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

Page 16 of 66

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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.

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

8. 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.
9. 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.
10. 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.
11. 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.
12. MC Maritime Commercial District. The Maritime Commercial District is
intended to promote a variety of nonresidential recreation and

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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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:
(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.
Preserving the remaining scenic vistas to the Chesapeake Bay (on the east) side
and the expansive Fishing Creek marsh (on the west).
§ 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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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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.
iii.
(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.
iv.
(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.
v.
(NP) Not Permitted indicates that the use is not permitted in the
zone.
(2) Overlay and Floating Districts
i.

Overlay districts. Overlay districts are created for the purpose of
imposing special regulations in designated areas of the Town to
accomplish the purposes set forth for each overlay district.
Overlay district requirements shall be in addition to the zoning
district within which the lands placed in the overlay district lie.

ii.

Floating districts. Floating districts are districts that are not
mapped prescriptively as the area of another district, but are
instead designated for use by the Town to accomplish the
purposes set forth for each floating district.

B. Prohibited uses in all districts
The following uses are prohibited in all districts. These uses may not be

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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permitted by Special Exception or Variance of the Board of Appeals.
Definitions of these uses are provided in §290-43.
(1) CANNABIS GROWER
(2) CANNABIS PROCESSOR
(3) Casino Gambling
(4) Smoke And Vape Shops
(5) Massage Parlors
(6) Adult Entertainment, SERVICE And Retail Establishments
(7) Landfills
(8) Junk And Salvage Yards
(9) Drive-In Movie Theaters
(10)Recreational Camps And Cottages
(11) Non-Residential Parking In A Residential District
(12) Sale or Rental of Automobiles
(13) Repair Garage or Body Shop
(14)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.
(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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
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(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.
viii.

ix.

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 NO MORE THAN
50% of the LIVING AREA OF THE PRINCIPAL DWELLING OR
750650 square feet of floor area, WHICHEVER IS LESS.
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.
IN THE RV-1, RV-2, and NC, and TC DISTRICTS, ACCESSORY
DWELLINGS SHALL REQUIRE TWO OFF-STREET PARKING
SPACES.
A site plan is required.
Accessory dwellings must be architecturally compatible with the
principal dwelling on the lot in terms of similarity of building
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

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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 TRANSIENT 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 SECONDARY 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 WITH CONDITIONS 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:
i.
An owner or manager lives on the premises.

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ii.
iii.
iv.
v.
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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

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the applicant demonstrating adequacy of the system.
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.

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.

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(6) Dwelling for Resident Caretaker
A building on a permanent foundation arranged or designed to
provide living facilities for a resident caretaker.
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.
Permitted use in TC & PC. 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:

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i.
ii.
iii.
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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.

(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

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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
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.
v.
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.
vi.
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.

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

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iv.

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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.
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:

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i.

ii.

iii.

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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.
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.

(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

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ii.

iii.

iv.

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both existing and planned tree cover including an inventory
of trees to be removed and replaced.
The use shall be limited to waterfront properties or to
properties that are contiguous to, and functionally connected
with, waterfront properties.
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.

(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
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.

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(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.
iv.
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.

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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
home occupation must have minimal impact on the neighborhood
where the business is located.
Conditional use in the RV-2, R-MD, R-LD 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.
vii.

viii.

ix.

x.
xi.

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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.
On-sales, services, employment shall be conducted between 8
am and 8 pm.
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 & Clinics
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. This includes offices or clinics for medical or dental
examination or treatment of persons as outpatient, including
laboratories incidental thereto.
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

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iv.
v.

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devoted to the use shall be limited to 6,000 square feet (in
addition to any basement or attic areas used solely for storage).
Vegetative screening and buffers shall be provided along lot lines
that abut properties in residential use.
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.
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) Office in Combination with Residential
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 that is located in combination with a residential
use. 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. This includes
offices or clinics for medical or dental examination or treatment of
persons as outpatient, including laboratories incidental thereto.
Conditional use in the RV-2, subject to the requirements of the
district and the following conditions:
i.

The use shall be an integral part of a pre-existing otherwise
permitted mixed use commercial and multifamily development.

(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.
Table of Neighborhood Retail uses

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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-2RV-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)(6), 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

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Salons
Spa
Travel agency

Conditional use in the RV-2 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)(8), and those additional uses listed in the table
of general services.
Table of general services
Contractors Shop
Dancing School
Financial Services, Bank

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Mailing & Shipping
Music or Art Studio
Plumbing Shop
Printing & Copying
Professional School
Theaters
PSYCHIC READINGS
TATTOO PARLORS

(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
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.
1

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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.
(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, OR live entertainment., or drive-in,
drive-through service windows.
iii.
May have drive-up services and drive-through windows.
iv.
Alcohol sales are not permitted via drive through windows.
v.
The establishment does not provide more than 10 seats.
vi.
Outdoor dining is permitted.
vii.
The service of beer and wine only is permitted on the premises
with meals.
viii.
The sale of alcohol other than beer or wine for on-premises
consumption is not permitted.
ix.
The sale of alcohol for off-premises consumption requires
separate approval for an alcohol sales establishment.

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(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 and drive-through windows.
iv.
Alcohol sales are not permitted via drive through windows.
v.
Outdoor dining is permitted.
vi.
The sale of alcohol for on-premises consumption requires
separate approval as a tavern.
vii.
The sale of alcohol for off-premises consumption requires
separate approval for an alcohol sales establishment.
(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.

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.

*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.
2

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vii.

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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 ON-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
requirements of the district where located.
(17) NIGHTCLUB
A business whose primary business is the provision of live or recorded
entertainment, music, or dancing facilities for patrons. and food are
prepared for and served to customers for consumption primarily
on-premises. If food is sold, the sale of food and alcohol are incidental
and secondary to the provision of live entertainment. .
i.
ii.
iii.
iv.
v.

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separate approval for an alcohol sales establishment.
Special Exception in the MC District, subject to the requirements of the
district where located.
(18)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.
(19)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
(20)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.

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ii.
iii.

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

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All operations in connection with the clinic must be conducted
indoors.
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.
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.

(21) LIQUOR SALES
A retail establishment whose primary business is the sale of alcoholic
beverages, including beer, wine, and distilled spirits, in original, sealed
containers or packages for consumption off the premises where more
than fifty percent (50%) of its gross floor area is devoted to the display
and sale of alcoholic beverages.
Special Exception with Conditions Use in the PC and MC Districts..
(22)CANNABIS DISPENSARY
Cannabis Dispensary shall have the meaning set forth in Division III,
"cannabis," of the alcoholic beverages and cannabis article of the
annotated code of Maryland.
Special Exception with Conditions Use in the PC and MC Districts,

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subject to the following conditions:
i.

ii.

iii.

iv.
v.
vi.

The boundaries of a property on which a Cannabis Dispensary is
located shall be at least 500 feet, measured as the shortest
straight-line distance from property line to the property line, of a
primary or elementary school, licensed child care center or family
child care home, playground, recreation center, library, public
park, or place of worship that is existing or under active
construction at the time that the application for a Cannabis
Dispensary is submitted.
The boundaries of a property on which a Cannabis Dispensary is
located shall be at least 100 feet, measured as the shortest
straight-line distance from property line to the property line,
from any residential zoning district.
The boundaries of a property used as a Cannabis Dispensary is
located shall be at least 1,000 feet, measured as the shortest
straight-line distance from property line to the property line,
from any other property boundary on which a Cannabis
Dispensary is located.
On-site consumption of cannabis is not permitted.
A Cannabis Dispensary is not permitted as an accessory use.
A Cannabis Dispensary is not permitted as a home occupation.

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.

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(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
pumps, shall be performed within a completely enclosed
building.
ii.
No fuel pump, oil draining pit, or other vehicle appliance for
serving automobiles shall be located within 15 feet of a
right-of-way.
iii.
Bulk storage of flammable liquids shall be underground.
iv.
The entrance and exit of any such establishment shall be at
least 50 feet from any residential lot.
v.
No storage or stockpiling of tires or any trash shall be permitted.
vi.
All inoperative vehicles shall be completely screened from
view of rights-of-way and adjoining properties.
vii.
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.
viii.
No fuel pumps, structures or buildings shall be erected within
150 feet of any dwelling.
ix.
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

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iii.
iv.

v.
vi.

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safety features as the location of fueling points, fuel storage,
the effect on navigation, the possibilities for water pollution,
and service by fire hydrants.
The projection of docks, wharves, and piers into waterways
shall be limited by applicable Town, state and federal laws.
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.
Adequate sanitary facilities shall be provided. The Planning
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.

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There shall be only species that are native to this region.
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
A specialized facility whose primary purpose is the centralized housing,
storage, management, processing, and distribution of electronic data,
computer systems, and associated telecommunications equipment. This
use typically includes extensive infrastructure to support its operations,
such as redundant or backup power generation (e.g., diesel generators,
battery banks), specialized environmental controls (e.g., industrial
cooling systems/chillers), enhanced security systems, and high-capacity
fiber-optic data connections.
(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

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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
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

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connection with it.
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.
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.
Transmission and distribution facilities should be located
underground unless cause can be shown why they cannot be
placed underground.

(10)COMMERCIAL SOLAR ENERGY SYSTEMS
A solar energy system (SES) is a device or structural component, or group of
components, designed to collect, store, and/or distribute solar energy for
electricity generation, heating, or cooling. A commercial or community SES is a
larger system that may be ground-mounted or pole-mounted, generating
electricity primarily for offsite use, including systems owned by a third party
and connected to the utility grid.
Commercial SES are permitted in the MC zone subject to the following
regulations:
i.
All commercial, and community solar energy systems and associated
facilities must comply with the following minimum setbacks:
0. 150 feet from the nearest wall of any existing residential dwelling
not located on the project parcel.
1. 100 feet from all exterior property lines of the project area.
2. Setbacks shall be measured from the property boundary to the
nearest part of the nearest solar panel, inverter, substation, or
associated equipment.
3. Solar panels and accessory equipment shall not be located
within public road rights-of-way, except for necessary
interconnection equipment.
ii.
The maximum height for any solar panel or related structure in a
commercial or community solar energy system shall be 15 feet,
measured from ground level to the highest point.
iii.
All solar energy system installations shall be enclosed with non-barbed
wire fencing, not exceeding 20 feet in height.

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iv.
v.
vi.
vii.

viii.
ix.

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Fencing must be set back at least 50 feet from the edge of any public
road right-of-way.
Fencing shall be black or green vinyl-coated wire mesh if chain-link is
used.
All fencing must be placed behind landscape buffers.
Projects over 2 mw (ac) capacity must submit a viewshed analysis for
any site within 500 feet of a rural legacy area, priority preservation area,
public park, designated scenic river or byway, designated heritage area
or historic site.
All SES must be sited to minimize visual intrusion on nearby
residences, cultural, and natural resources.
All commercial or community SES projects shall provide landscape
buffers as part of a landscaping plan prepared by a qualified
professional landscape architect as follows:
0. Any existing forest or hedgerow on the site shall be preserved to
the maximum extent practicable and supplemented with new,
native plantings where necessary.
1. A landscaped buffer shall be thirty-five (35) feet in width, unless
the planning commission determines that a narrower or wider
buffer is appropriate due to site-specific conditions such as
topography, adjacency to existing vegetation, or distance from
roadways or neighboring uses.
2. Buffers are required along:
a. all project area property lines
a. edges without existing vegetative screening over 50 feet
wide
b. if the owner demonstrated an alternative location within
the project boundary will maximize visual screening that
location may be used by approval of the planning
commission.
3. Vegetative screening shall include staggered, multilayered rows
of both evergreen and deciduous native species, providing
four-season visual screening of the SES
4. Plantings must reach screening capacity within five (5) years and
be at least four (4) feet in height at time of planting.
5. May not be trimmed in such a way as to stunt growth or limit
the effectiveness of the visual screening.
6. A landscaping bond equal to 100% of the total cost shall be
posted for five (5) years, with 50% release after 90% survival is
demonstrated.

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x.
xi.

xii.
xiii.
xiv.
xv.
xvi.
xvii.

xviii.

All required landscaping and vegetative buffers shall be
maintained in good health and condition for the duration of the
solar energy system’s operation. In the event of vegetation loss
due to disease, drought, storm damage, fire, or other causes, the
owner or operator shall be responsible for prompt replacement
to maintain compliance with the approved site plan and
screening requirements.
8. If, during or after the bond period, vegetation is significantly
damaged due to conditions beyond the control of the owner or
operator—including but not limited to natural disasters, extreme
weather, pest infestation, or disease—the planning commission
may grant a reasonable period for replanting or restoration.
bond obligations shall not extend beyond the five (5)-year term
unless specifically renewed or extended by the town; however,
the obligation to maintain effective vegetative screening
remains enforceable throughout the life of the project.
Grading shall be minimized. No topsoil may be removed from the site.
Native or noninvasive groundcover must be planted and maintained
on the site in all areas not occupied by buildings, roads, or walkways
with a 90% survival threshold.
Herbicide use is prohibited except for spot treatment of invasive
species under an approved plan.
Substations and energy storage or interconnection equipment must
be sited to minimize public visibility and comply with all setbacks.
Critical infrastructure may use enhanced fencing and must be
included in all visual and landscape plans.
SES facilities shall not exceed 65 decibels at the nearest property line
under normal operations, measured during daylight hours.
Noise-generating equipment such as inverters or transformers must
be located as far as practicable from adjacent residences.
Exterior lighting is permitted only as required by law and necessary for
safety.
0. Exterior lighting shall be limited to motion-activated security
lights or downward-facing fixtures. All lighting must comply
with dark-sky principles and not create light trespass onto
adjacent properties.
For a commercial or community, ground mounted SES of any size, a
decommissioning plan shall be submitted with any SES proposal.

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xix.

xx.
xxi.
xxii.
xxiii.

xxiv.

The decommissioning plan shall include a plan to return the site,
including all topsoil to its existing condition before the SES was
located on the site.
The owner/operator must enter into an agreement with the town and
psc, and post a surety bond for 125% of the projected
decommissioning cost, less salvage value.
True-up of bond amount shall occur every five (5) years.
All solar energy system projects are subject to all review procedures
and fees set out in this chapter.
Residential solar energy systems do not require a building permit, but
a zoning certificate is required.
Projects located within overburdened or underserved communities, as
defined by Maryland law, must demonstrate compliance with public
meeting and notice requirements.
The Town reserves the right to adopt additional regulations consistent
with evolving state and federal law.

(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.
A permit is not required for this 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

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(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 ConditionsCONDITIONAL use in the R-LD,
RV-1, NC, AND PC District, subject to the requirements of the district
where located, and the following conditions:
i.

ii.
iii.
iv.

vi.

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 500 attendees at
one time must submit a traffic control and parking plan
approved by the Town Administrator.
IN THE R-LD AND RV-1 DISTRICTS THE CARNIVAL OR OTHER
SIMILAR TRANSIENT ENTERPRISE:
0. MUST OCCUR ENTIRELY ON THE CAMPUS OF THE
REGISTERED NON-PROFIT ORGANIZATION, PLACE OF
WORSHIP, VOLUNTEER FIRE DEPARTMENT, OR
SCHOOL LOCATED WITHIN THE TOWN.
1. SHALL NOT BEGIN OPERATION PRIOR TO 9 AM OR
LATER THAN TO 10 PM

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(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.
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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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This section includes the Town’s current definitions, they DO NOT match the
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.
GREEN TEXT shows new definitions or text strikethroughs show deletions of existing
definitions.

§ 290-43. Terms defined.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE ENTERTAINMENT AND RETAIL ESTABLISHMENTS — 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
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, ADULT MASSAGE, AND OTHER SIMILAR USES.

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changes that we have made in the drafting process.

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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.
BOARDING, ROOMING, OR LODGING HOUSES, — A BUILDING OR PORTION
OF WHICH IS USED BY ITS OCCUPANTS TO PROVIDE LODGING AND MEALS
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.
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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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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.
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.
CANNABIS; DISPENSARY, GROWER, PROCESSOR — HAVE THE MEANINGS
SET FORTH IN DIVISION III, "CANNABIS," OF THE ALCOHOLIC BEVERAGES
AND CANNABIS ARTICLE OF THE ANNOTATED CODE OF MARYLAND.
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.
DRIVE-THROUGH WINDOWS — A WINDOW USED TO PROVIDE PRODUCTS OR
OR SERVICES TO PATRONS WHO REMAIN IN A VEHICLE.

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DRIVEWAY — A PRIVATE WAY THAT AFFORDS MOTOR VEHICLE ACCESS
FROM A PUBLIC OR PRIVATE STREET INTO ABUTTING PROPERTY.
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.
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.
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.
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.
EAVE — THE JUNCTION OF A BUILDING WALL AND AN OVERHANGING
ROOF.
FACADE — THE EXTERIOR WALL OF A BUILDING

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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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FENCE — ANY ARTIFICIALLY CONSTRUCTED BARRIER OF ANY MATERIAL
OR COMBINATION OF MATERIALS ERECTED TO ENCLOSE OR SCREEN
AREAS OF LAND.
FORTUNE TELLING OR PSYCHIC READING — THE PRACTICE OF REVEALING
THE PAST, PRESENT, OR FUTURE FORTUNE OR EVENTS OF ANYONE'S LIFE, OR
FURNISHING ANY INFORMATION NOT OTHERWISE OBTAINABLE BY THE
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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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GAMBLING — to be added
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."
JUNK AND SALVAGE YARDS — ANY LAND OR BUILDING USED FOR THE
ABANDONMENT, STORAGE, KEEPING, COLLECTING, SALVAGE, SALE,
EXCHANGE, DISASSEMBLING, WRECKING, BALING, RECYCLING, OR
HANDLING OF PAPER, RAGS, WOOD, SCRAP METALS, OR OTHER SCRAP OR
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.
LANDFILLS — A FACILITY OR ENGINEERED SITE THAT COLLECTS AND
DISPOSES OF SOLID WASTE UNDER STATE OF MARYLAND REQUIREMENTS.
THIS TERM INCLUDES, BUT IS NOT LIMITED TO, SANITARY LANDFILLS,
RUBBLE LANDFILLS, LAND-CLEARING DEBRIS LANDFILLS, AND INDUSTRIAL
WASTE LANDFILLS PERMITTED BY THE MARYLAND DEPARTMENT OF THE
ENVIRONMENT.
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

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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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.
LOT, WIDTH OF — The width of a lot measured at the minimum building
restriction line.
MASSAGE PARLOR ESTABLISHMENT — An establishment PRIMARILY
OFFERING MASSAGES ARE PROVIDED FOR PAY BY A MASSAGE THERAPIST
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, 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.
NIGHTCLUBS — A COMMERCIAL ESTABLISHMENT OPEN TO THE PUBLIC, THE
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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
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PARKING AREA — ANY PUBLIC OR PRIVATE AREA, UNDER OR OUTSIDE OF A
BUILDING OR STRUCTURE, DESIGNED AND USED FOR PARKING MOTOR
VEHICLES, INCLUDING PARKING LOTS, GARAGES, PRIVATE DRIVEWAYS, AND
LEGALLY DESIGNATED AREAS OF PUBLIC STREETS.
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.
RECREATIONAL CAMPS AND COTTAGES — AN AREA OF LAND OR WATER ON
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.
REPAIR GARAGE OR BODY SHOP — A FACILITY WHERE MOTOR-DRIVEN
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.

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

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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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.
ROAD — MEANS A PUBLIC THOROUGHFARE UNDER THE JURISDICTION OF
THE STATE, A COUNTY, A MUNICIPAL CORPORATION, OR ANY OTHER PUBLIC
BODY. "ROAD" DOES NOT INCLUDE A DRIVE AISLE OR DRIVEWAY.
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.
SIGN — SEE §290-22

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SMOKE AND VAPE SHOPS — ANY RETAIL OR SERVICE ESTABLISHMENT
THAT DEVOTES FIVE PERCENT (5%) OR MORE OF ITS GROSS FLOOR AREA
OR VISIBLE DISPLAY SPACE TO THE SALE OF ELECTRONIC CIGARETTES,
TOBACCO PRODUCTS, OR SMOKING PARAPHERNALIA, OR ANY
ESTABLISHMENT THAT ALLOWS VAPING OR SMOKING ON THE PREMISES.
THIS DOES NOT INCLUDE A LICENSED CANNABIS DISPENSARY.
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
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.
TATTOO OR BODY ART ESTABLISHMENTS — AN ESTABLISHMENT WHEREIN
DESIGNS, LETTERS, FIGURES, BODY PIERCING, OR OTHER MARKS ARE
PLACED UPON THE SKIN OF ANY PERSON, USING INK OR OTHER
SUBSTANCES THAT RESULT IN THE PERMANENT COLORATION OR PIERCING
OF THE SKIN BY MEANS OF USE OF NEEDLES OR OTHER INSTRUMENTS
DESIGNED TO CONTACT OR PUNCTURE THE SKIN.
THEATER, DRIVE-IN MOVIE — AN OPEN LOT OR AREA AND FACILITIES,
DEVOTED TO THE SHOWING OF MOTION PICTURES OR THEATRICAL
PRODUCTIONS, USUALLY ON A PAID ADMISSION BASIS, TO PATRONS WHO
VIEW THE ENTERTAINMENT WHILE SEATED IN PARKED MOTOR VEHICLES.
TIMESHARE FACILITIES — ANY REAL PROPERTY, BUILDING, OR PORTION
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.
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

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
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days.
TRAILER, MOBILE HOME, TRAVEL TRAILER, TRAILER CAMP —
13. 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.
14. 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.
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.

This is drafted as a repeal and replace. For the purpose of drafting GREEN ALL CAPS show
changes that we have made in the drafting process.

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