The Docket · Government Meeting · DKT-2026-000356

On the agenda: Chesapeake Beach meeting — Data Center (May 20)

Past ⚠ Agenda Watch Chesapeake Beach, Maryland · Wednesday, May 20, 2026 — 4 months ago

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The published agenda for this May 20 meeting contains: "Data Center". The meeting has passed; the record and its outcome live here permanently.

WhenWednesday, May 20, 2026
Check the agenda document for the meeting time.

WhereChesapeake Beach, Maryland

On the record“Data Center”

The agenda, word for word

Government public record — the full text of the published document, archived August 3, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

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Page 1 of 65

OFFICE OF THE PLANNING AND ZONING COMMISSION

PLANNING COMMISSION
AGENDA
MAY 20, 2026
6 PM
I.

Call to Order & Roll Call.

II.

Pledge of Allegiance.

III.

Approval of the May 20, 2026 Planning Commission Agenda.

IV.

Approval of the minutes of the April 22, 2026, Planning Commission Meeting.

Public comment on any item on the agenda.

VI.

Public Hearing – Open public hearing to receive public comment on:
“Chapter 290, Article III, Zoning Districts and the Official Zoning Map for Chesapeake
Beach, MD for the purpose of correcting and modernizing the Land Use Table, clarifying
the standards and uses, bringing the Town code into alignment with recent state legislation
and §290-43, Definitions.”

VII.

Close public hearing.

VIII. Old Business:
1. Consider public comments received.
2. Introduction to Coastal Resiliency.
IX.

Comments by Commissioners.

Adjournment

Page 2 of 65

PLANNING AND ZONING COMMISSION

MINUTES OF THE
PLANNING COMMISSION MEETING
APRIL 22, 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 Christopher
Smith, Commission Members, Sarah Franklin, Town Planner, and Sharon L. Humm, Commission
Clerk. Absent was Jan Ruttkay and Rachel Larsen-Weaver, Commissioner members.
Chair Greengold announced that Jan Ruttkay has retired from the Commission as of this meeting.
The Commission sends their best wishes to Ms. Ruttkay and encourages anyone interested in serving
on this Commission to contact town hall.

II.

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

III.

Approval of the April 22, 2026 Planning Commission Agenda.
MOTION: Commissioner Brown moved to approve the April 22, 2026 agenda.
Seconded by Commissioner Hauhn, all in favor.

IV.

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

MOTION: Commissioner Smith moved to approve the minutes of the
March 25, 2026, Planning Commission Meeting. Seconded by Commissioner
Brown, all in favor.
V.

Public Comment on any item on the agenda. None Received.

VI.

Old Business:
1. Final review of the Zoning Map, Land Use Table, and Conditional Uses –
Ms. Franklin stated that in reviewing the Land Use Table and conditions of uses, it was
determined that there was confusion between the RV-1 and RV-2 zones. It was concluded that
along with text modification, the zoning map be revised as well. The Commission reviewed the
zoning map and unanimously agreed to make a change in the area that borders the northwest
corner of Rt 260 and Rt 261 (across the street from Baia and behind the A-1 Antiques Town
Commercial zone) from the proposed RV-1 back to its original zone of RV-2. This would
include the streets from 27th to 30th and would allow for more intense home businesses.
2. Review and discuss Accessory Dwelling Units (ADU) – Ms. Franklin stated that the State of
Maryland defined and adopted new accessory dwelling regulations and that these regulations
would need to be in place by October of this year. Ms. Franklin presented to the Commission
ADU guidance, as provided by the State. The biggest change is that an ADU can be up to 75%
of the living area of the primary structure. With that, the Town cannot require it to be less than
the 75%. Ms. Franklin presented, and the Commission discussed other conditions for ADU’s,

Page 3 of 65

such as off-street parking, ingress and egress, possible parking study, building codes, and
water/sewer requirements. The Commission discussed how to measure “living space” on a lot to
determine the 75% for an ADU. Ms. Franklin will add language to include the Commission’s
recommendations.
The Commission reviewed the Land Use Classification Table, recommending no further changes
other than a typo correction.
The Commission reviewed §290-9 Purpose and Intent of Districts. The Commission discussed
and made a number of amendments which Ms. Franklin will incorporate into the document.
3. Set a public hearing to receive public comment on Chapter 290, Article III, Zoning Districts,
§290-9, §290-10, §290-11, the Official Zoning Map, and §290-43 Definitions. The Commission
will hold a public hearing on May 20, 2026, at 6 pm to receive public comment.
Written comments may be submitted through town hall via the Commission Clerk or presented
in person at the hearing.
The Commission will begin discussions on the coastal resiliency at its next meeting.
VII. Adjournment:
There being no further comments, Commissioner Smith moved to adjourn the meeting at 8:10
pm. Seconded by Commissioner Hauhn, all in favor.
Submitted by,

Sharon L. Humm
Commission Clerk

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

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ONING
Z
290 Attachment 1
Town of Chesapeake Beach
Table 1
Land Use Classifications

Zoning Districts

Residential Uses
Dwelling, Detached
Dwelling, Attached
Dwelling, Townhouse
Dwelling, Multi-unit
Dwelling, Accessory

Standards

NP § 290-11C(1)

NP § 290-11C(2)

NP § 290-11C(3)

NP § 290-11C(4)

NP § 290-11C(5)

NP § 290-11C(6)

NP § 290-11D(1)

D
R

Dwelling with Commercial Use

R-LD R-MD RV-1 RV-2 RPC

Use

Accommodations & Group Living
Bed-and-breakfast

EY:
K
P = Permitted
NP = Not Permitted
SE = Special Exception
* = Permit Not Required

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

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

Refer to Standards referenced for all regulations pertaining to Permitted Uses.

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Zoning Districts
NC

Standards

Dwelling for Resident Caretaker

NP § 290-11D(2)

Group Home

NP § 290-11D(3)

Motel/Hotel

NP § 290-11D(4)

Private Park

SE § 290-11D(5)

Residential Care Facility

NP § 290-11D(6)

Tourist Home

NP § 290-11D(7)

R-LD R-MD RV-1 RV-2 RPC

Use

Institutional, Recreational and Educational Uses
Assembly

NP § 290-11E(1)

NP § 290-11E(2)

NP § 290-11E(3)

NP § 290-11F(4)

SE § 290-11E(5)

Governmental Facility

SE § 290-11E(6)

Nature Preserves

SE § 290-11E(7)

Cultural facility
Day-Care Center
Day Care, Home

D
R

Environmental Science

EY:
K
P = Permitted
NP = Not Permitted
SE = Special Exception
* = Permit Not Required

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

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

Refer to Standards referenced for all regulations pertaining to Permitted Uses.

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Zoning Districts
R-LD R-MD RV-1 RV-2 RPC
P

Private Club

Schools

Water-Oriented Recreation

Office and Commercial Uses
Alcohol Sales
Animal Care Establishment
Cannabis Business
Contractors Shop
ntertainment and Recreation,
E
Indoor

Gaming Establishment

EY:
K
P = Permitted
NP = Not Permitted
SE = Special Exception
* = Permit Not Required

Standards

SE § 290-11E(8)

NP § 290-11E(9)

NP § 290-11E(10)

SE § 290-11E(11)

NP § 290-11F(1)

NP § 290-11F(2)

NP § 290-11F(3)

NP § 290-11F(4)

NP § 290-11F(5)

SE § 290-11F(6)

NP § 290-11F(7)

D
R

ntertainment and Recreation,
E
Outdoor

Parks & Playgrounds

Use

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

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

Refer to Standards referenced for all regulations pertaining to Permitted Uses.

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Zoning Districts
Use

R-LD R-MD RV-1 RV-2 RPC

Standards

NP § 290-11F(8)

NP § 290-11F(9)

NP § 290-11F(10)

NP § 290-11F(11)

NP § 290-11F(12)

NP § 290-11F(14)

Home Occupation. Major

Nightclubs

Nurseries, Tree & Plant

Offices & Clinics

Restaurant - Class I;

NP § 290-11F(15)

NP § 290-11F(16)

NP § 290-11F(17)

NP § 290-11F(18)

NP § 290-11F(19)

NP § 290-11F(20)

NP § 290-11F(21)

NP § 290-11F(22)

Restaurant - Class III
Retail, Neighborhood
Retail, General
Services, Personal
Services, General

D
R

Tasting Rooms

Restaurant - Class II

Tavern

EY:
K
P = Permitted
NP = Not Permitted
SE = Special Exception
* = Permit Not Required

Home Occupation, Minor

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

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

Refer to Standards referenced for all regulations pertaining to Permitted Uses.

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Zoning Districts
R-LD R-MD RV-1 RV-2 RPC

Light Industrial, Utility, and Related Uses
NP

Automotive Service

Bio Manufacturing

Bus/transit Stop

raft/Artisan Assembly &
C
Manufacturing

Marina
Marine Storage
eafood Processing & Fishing
S
(Water Dependent)
olar Energy Systems,
S
Commercial

EY:
K
P = Permitted
NP = Not Permitted
SE = Special Exception
* = Permit Not Required

Standards

SE § 290-11G(1)

NP § 290-11G(2)

NP § 290-11G(3)

NP § 290-11G(4)

NP § 290-11G(5)

NP § 290-11G(6)

SE § 290-11G(7)

SE § 290-11G(8)

NP § 290-11G(9)

SE § 290-11G(10)

D
R

Utilities

Aquaculture

Use

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

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

Refer to Standards referenced for all regulations pertaining to Permitted Uses.

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Zoning Districts
R-LD R-MD RV-1 RV-2 RPC

Temporary Uses
NP

Carnival or transient enterprise

Garage, Yard, Estate sale

Non-Residential Parking

EY:
K
P = Permitted
NP = Not Permitted
SE = Special Exception
* = Permit Not Required

Standards

NP § 290-11H(1)

NP § 290-11H(2)

P* § 290-11H(3)

P* § 290-11H(4)

P* § 290-11H(5)

D
R

Temporary Sales

uilding incidental to
B
construction

Use

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

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

Refer to Standards referenced for all regulations pertaining to Permitted Uses.

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290-11Conditions and standards for conditional and special exception uses.
hefollowingconditionsandspecificstandardsapplytolandusesdesignatedC
T
(conditional)SE(specialexception)andSC(specialexceptionwithconditions)in
Table 1. When applying for a zoning and occupancy permit, the applicable
conditions shall be satisfied during the period of the use and occupancy.

AF
T

(A)Accessory dwellings: conditional use in the R-LD, R-MD, R-HD, RV-1, RV-2,
RPC, NC and TC Districts, subject to the requirements of the district where
located except as herein provided:

(1) ACCESSORY DWELLING SHALL MEAN THE FOLLOWING A
DWELLING SECONDARY TO THE PRIMARY DWELLING UNIT
WHICH IS ON THE SAME LOT, PARCEL, OR TRACT AS A
PRIMARY DETACHED DWELLING UNIT AND NOT GREATER
THAN 75% OF THE SIZE OF AND SUBORDINATE IN USE TO
THE PRIMARY DETACHED DWELLING UNIT. THIS INCLUDES A
STRUCTURE THAT IS SEPARATE FROM THE PRIMARY
DETACHED DWELLING UNIT OR ATTACHED AS AN ADDITION
TO THE PRIMARY DETACHED DWELLING UNIT.
(2)THE SIZE OF THE ACCESSORY DWELLING SHALL BE
DETERMITNED BY THE SQUARE FOOTAGE FOR THE ABOVE
GRADE LIVING AREA AS RECORDED WITH THE MARYLAND
STATE DEPARTMENT OF ASSESMENTS AND TAXATION (SDAT).
(1) (1) The principal dwelling shall be a single-family detached
dwelling and shall be located on a lot of at least 7,500 square
feet served by public water and sewer.
(2)Accessory dwellings are limited to lots that are
owner-occupied.
(3)Accessory dwellings are limited to a total of 650 square feet of
floor area.
(3)(4)All height, area and bulk requirements shall apply to the
accessory dwelling.
a. A DETACHED ADU SHALL NOT EXCEED THE HEIGHT OF
THE PRINCIPAL STRUCTURE.
(4)(5)The parking requirements of this chapter shall apply.
Accessory dwellings will require two off-street parking spaces
in addition to those required for the principal dwelling.

hisDRAFTsection is drafted as amendments to 290-43. Terms Defined.
T
BOLD CAPITALIZED TEXTshows additionsstrikethroughsshow deletions

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AF
T

( 5)(6)A site plan is required.
(6)(7)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.
(7)(8)Only one accessoryapartment will be allowed on a
lDWELLING IS PERMITTED ON ANY lot WITH AN EXISTING
DETACHED DWELLING UNIT, PROVIDED IT MEETS ALL OTHER
STANDARDS FOR ACCESSORY STRUCTURES.
(8)ACCESSORY DWELLINGs SHALL HAVE THEIR OWN INGRESS
AND EGRESS SEPARATE FROM THE PRIMARY DWELLING.
(9)A DETACHED ADU MUST BE SETBACK EIGHT FEET FROM THE
PRINCIPAL STRUCTURE.
(10) ALL ACCESSORY DWELLINGS MUST COMPLY WITH THE
TOWN’S WATER & SEWER MANUAL, FLOODPLAIN ORDIANCE,
BUILDING CODE, AND ANY OTHER APPLICABLE
REGULATIONS.
(11)AN ACCESSORY DWELLING UNIT IS EXEMPT FROM THE
CALCULATION OF DENSITY FOR THE LOT, PARCEL, OR TRACT
UPON WHICH IT IS LOCATED. IF THE PROPERTY ASSOCIATED
WITH AN ACCESSORY DWELLING UNIT IS SUBSEQUENTLY
SUBDIVIDED SO THAT THE DETACHED ACCESSORY
DWELLING UNIT IS NOW LOCATED ON ITS OWN LOT, THE
ACCESSORY DWELLING UNIT IS INCLUDED IN THE DENSITY
CALCULATIONS.
(12) ACCESSORY DWELLING CONVERSIONS OF EXISTING
STRUCTURES MUST HAVE VEHICULAR ACCESS FROM A ROAD,
NOT AN ALLEYWAY.

hisDRAFTsection is drafted as amendments to 290-43. Terms Defined.
T
BOLD CAPITALIZED TEXTshows additionsstrikethroughsshow deletions

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§ 290-9. Purpose and intent of districts.
urpose of districts generally. Zoning districts are established to provide
A . P
appropriate locations for different types of land uses. The appropriate
location for a particular land use is determined by:
(1) The character and current land uses within the district.
(2) The suitability of each district for the permitted uses.

AF
T

(3) The conservation of the stability of the district and of land values therein.
(4) The layout, size, and character of streets and roads within the district.

(5) The presence of natural environmental features and the conservation of
natural resources and the prevention of environmental pollution
(6) Recommendations of the Town of Chesapeake Beach Comprehensive
Plan.

B. R
-LD Residential, Low-Density District. The R-LD District is characterized
by detached residential dwelling units on larger lots and low residential
density. This district is intended to:
(1) Promote a quiet and safe living environment.

(2) Protect the scenic natural landscape within the zone.

(3) Preserves and maintains the characteristics of lowdensity,bywayof
detached residential housing, on larger lots.

(4) Keep these areas free from land uses that are incompatible with
these neighborhoods and the natural environment.

-MD Residential, Medium-Density District. The R-MD District is
C. R
characterized by theiruseofpublicwaterandsewer.Theseareasbenefit
fromcompatibleinfilldevelopmentandvitalpublicspaces.Thisdistrictis
intended to:
rovides a safe living environment which allows for various housing
(1) P
types.
(2) Promotes pedestrian activity, offering community involvement via
connected sidewalks, trails, and other outdoor facilities.
(3) Ensure that new infill development or redevelopment is compatible
and harmonious with existing residential activities.
V-1 Residential Village District-1. The RV-1 District is characterized by its
D. R
detached cottage-scale residential dwellings, conection to public water
ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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nd sewer, narrow streets, alleys, minimal pedestian walkways, limited
a
off-street parking, and frequent intersections. The district is intended to:
(1) Provides and protects a safe coastal living environment.
(2) Due to its proximity to the Chesapeake Bay, more diligence and
responsibility is required to reduce the negative impact of improper land
uses.

AF
T

(3) Preserve the character of the historic residentialdevelopmentofthe
Town and the resulting existing cottage village pattern of buildings,
streets, and blocks.
(4) Encourages careful infill and redevelopment of detached housing to
avoid over-crowding and congestion.
V-2 Residential Village District. The RV-2 District is characterized by its
E. R
unattached residential dwellingsonpublicwaterandsewer,withprivate
driveways, narrow streets and frequent intersections. The district is
intended to:

(1) P
romotes a safe, active, and more intense residential living
environment.
(2) Offers more on-site parking and is considered a walkable community
due to its numerous sidewalks and wider streets.
(3) Provides more in-home business options.

(4) Allow for a variety of housing types compatible in use, scale, and
impact with residential use and the historic pattern of buildings,
streets, and blocks.
(5) Preserve the character of the historic residentialdevelopmentofthe
Town and the resulting existing cottage village pattern of
development.

C Resource Conservation District. The Resource ConservationDistrictis
F. R
characterized by sensitive natural resources, floodplains, and areas
vulnerable to the impacts of climate change. This district is intended to:
rotect and maintain wetlands, surface waters, forests and open
(1) P
space, steep slopes, as well as low lying areas with elevated risks of
flooding.
(2) Protect and maintain land use for critical flood and stormwater
management.
(3) Reduce the health, safety, and welfare risks to life and property

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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associated with sea level riseandotherpredictedimpactsofclimate
hange.
c
(4) Provide land for community parks and recreational activities,
including access to the Bay and its tributaries.

AF
T

(5) Ensure that any new use complieswithallenvironmentalprotection
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.
PC Residential Planned Community District. This overlay zone is
G. R
intended to be used for new residential communities that are
constructed.Underlyingzoningwillremainonthepropertyinadditionto
the overlay. This district is intended to:
(1) P
rovide greater flexibility in the selection of planned community
areas.

(2) Assure effective control over the location, type, and arrangement of
usesappropriatetotheplannedcommunitysoastoprotecttheuses
in neighboring districts.
(3) Allow the community to enjoy the benefits of open space and
innovative spacing of dwellings.

(4) Provide the opportunity for the protection of environmentally
sensitive and critical habitat protection areas.

C Neighborhood Commercial District. The Neighborhood Commercial
H. N
District is characterized by commercial uses that are along theedgesof
but still within Residential Village districts. This district is intended to:

(1) P
rovide compact centers forsmall-scaleandlow-impactcommercial
usesthataredesignedandoperatedinamannercompatibleinscale
and impact with nearby residential neighborhoods.
(2) Reduce traffic congestion on residentialstreetsbycreatingcompact
commercialuseslocatedalongroadwaysthatcanaccommodatethe
additional traffic.

C Town Commercial District. The Town Commercial District is
T
characterized by commercial uses that generate pedestrian traffic and
encourage community interaction. This district is intended to:
(1) Provide locations for commercial uses that are harmonious in scale

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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nd impact with nearby residential neighborhoods and to protect
a
and provide a safe and attractive environment for shopping,
entertainment, and community gathering.
(2) Reduce traffic congestion on residentialstreetsbycreatingcompact
commercialuseslocatedalongroadwaysthatcanaccommodatethe
additional traffic and in areas that can support pedestrian access.
C Commercial Plaza District. The Commercial Plaza District is
P
characterizedbylargerscalecommercialactivitiesthatprovidenecessary
goods and services to residents. This district is intended to:

AF
T

(1) M
aintain the Town'sprimarylocationforlargerformatlocallyserving
retail uses such as grocery stores and shopping centers, where
extensive parking can be readily accommodated.
K. M
C Maritime Commercial District. The Maritime Commercial District is
characterizedbymarinas,parks,publicwateraccess,hotel,restaurantand
other recreational uses. This district in intended to:

(1) P
romote a variety of nonresidential recreation and commercial uses
that enhance the Town's waterfront heritage, respect the sensitive
nature of the surrounding environment, and are consistent in
character and impact with the following:
i. Promoting active and vibrant commercial activities at the
street (grade) level where walking is safe and enjoyable.
ii. Establishing public pedestrian access to and along the
waterfronts.
iii. 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. (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.
3. (NP) Not Permitted indicates that the use is not permitted in the

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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one.
z
4. (*) Asterisk indicates that a permit is not required for this use. All
applicable provisions of Definitions, Standards, & Conditions must be
met regardless of whether or not a permit is required.
§ 290-11. Standards of Use

AF
T

he specific standards and applicable conditions in this section shall be satisfied
T
during the period of the use and occupancy regardless of whether or not a
zoning permit is required.
A . All principal uses must comply with the standards of this section.

(1) Overlay and Floating District(s)

verlay district(s). Overlay districts are created for the purpose of
O
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.

loating district(s). A floating district is a district that is not
F
mapped prescriptively as the area of another district, but is
instead designated for use by the Town to accomplish the
purposes set forth for each floating district. Once a floating
district is applied to an area, this will create an “overlay”. The
underlying zoning will remain for the area in addition to the
development plan approved for the floating district.

B. Prohibited uses in all districts

he following uses are prohibited in all districts. These uses may not be
T
permitted by Special Exception or Variance of the Board of Appeals.
Definitions of these uses are provided in §290-43.
( 1) Adult Entertainment, Service And Retail Establishments
(2) Adult Massage Parlors
(3) Cannabis Grower
(4) Cannabis Processor
(5) Casino Gambling
(6) Data Centers
(7) Drive-In Movie Theaters

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 17 of 65

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( 8) Junk And Salvage Yards
(9) Landfills
(10)Permanent Non-Residential Parking in a Residential District
(11) Repair Garage or Body Shop
(12) Sale or Rental of Automobiles
(13) Slot Machines
(14)Smoke And Vape Shops

AF
T

C. Residential Uses

(1) Dwelling, Detached

building containing one dwelling unit on one lot and detached from
A
any other dwelling.
(2) Dwelling, Attached

building containing two or three attached dwelling units but which
A
have a common wall at the lot line between each unit and which are on
separate lots.
(3) Dwelling, Townhouse

building containing four or more attached dwelling units in a row
A
which have a common wall at the lot line between each unit and which
are on separate lots.

(4) Dwelling, Multi-unit

building containing two or more ATTACHED dwelling units on a single
A
lot.

(5) Dwelling, Accessory

hese regulations will be adopted in a separate amendment, due to the
T
need to update ADUregulationsbyOctoberof2026,asmandatedbyState
law.Please see pages 47-48 to review these proposed regulations.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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(6) Dwelling with Commercial Use
dwelling unit, on a single lot and having a common roof with a
A
commercialuse.Thisshallnotincludemobilehomes,habitabletravel
trailers, or rooming, boarding, or lodging houses, or establishments
offering transient overnight accommodations.
arking requirements shall be met for both uses.
P
Thecommercialusemustbefullyutilizedformorethannine
months in any calendar year.
The residential use must be secondary to the commercial
iii.
portion of the building.
The first floor at the public street frontage shall remain in
iv.
commercial use only.
v.
For a one- or one-and-one half story building, the second
floorandnomorethan15%oftherearportionofthefirstfloor
may be in residential use.
D. Accomodations & Group Living

AF
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i.
ii.

(1) Bed-and-Breakfast

n owner-occupied building where, for compensation and only by
A
prearrangement for definite periods, temporary lodging and meals
are provided.

n owner lives on the premises.
A
There may be a total of five rooms, excluding the owner’s room.
A stay by a visitor shall not exceed 90 days per year.
The facility is part of a dwelling, having a common roof and
common entry.
No separate kitchens are provided.
UP TO TWO MEALS PER DAY MAY 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.

i.
ii.
iii.
iv.

.
v
vi.

vii.

viii.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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(2) Dwelling for Resident Caretaker
building on a permanent foundation arranged or designed to
A
provide living facilities for a resident caretaker.
(3) Group Home

AF
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dwelling that houses no more than 8 individuals who require
A
specialized living arrangements and provides health services and
supervision to those individuals.
i.
ii.

he facility must be licensed by the State of Maryland.
T
The facility provides a minimum of one toilet and one bathtub or
shower for every four residents.
There shall be adequate supervision as needed by an adequate
number of persons trained in the field for which the use is
intended.
Any on-site medical or counseling services shall be limited to
residents.
A group home shall not house persons who can reasonably be
considered to be a physical threat to others.
If a group home is within a residential district:
1. It shall be maintained and/or constructed to be closely
similar in exterior appearance and condition to other
dwellings in the area; and
2. No exterior signs shall identify the nature of the use.

iii.
iv.
v.

vi.

(4) Motel/Hotel

building in which lodging or boarding is provided for more than 15
A
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, an apartment house, timeshare facility or
condominium. A hotel may include restaurants, taverns, club rooms,
public banquet halls, ballrooms, and meeting rooms.
i.

ccessory uses may include a gift shop, beauty shop,
A
barbershop, restaurant, cocktail lounge/nightclub,
auditorium/meeting room facilities, and similar retail stores

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 20 of 65

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iii.
iv.
v.
vi.

vii.
viii.
ix.

DRAFT

nd commercial establishments.
a
New buildings shall be located on the site to ensure
adjacent properties have visual privacy, sunlight, and
protection from the new development's site illumination,
noise, and odor, as applicable.
Buildings shall be designed to complement and contribute to
a desirable community character in terms of shape and style,
roof lines, color, and materials.
Unsightly elements such as shipping and loading areas,
transformers, dumpsters, and meters are screened from public
view.
Mechanical equipment, including that located on the roof,
shall be screened from public view and to contribute to an
attractive streetscape.
The applicant shall develop the public streetscape between
the building and the street curb as a safe and convenient
pedestrian way with paving, lighting, seating, shelter, and
landscaping.
The applicant shall design fences and retaining walls that are
consistent in materials and quality with that of the building
and the adjacent properties.
Circulation and parking shall fulfill requirements of all
proposed uses, principal and accessory.
The Planning & Zoning Commission may require a traffic
analysis provided by the applicant.
The applicant shall design and locate signs to direct
illumination away from adjacent properties.
The applicant shall integrate ground signs into the design of
the site and the streetscape.

04-27-2026

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ii.

xi.

(5) Private Park

pen space, including any natural or paved trails, scenic viewing
O
areas, parking facilities, forestry activities, tot lots, temporary or
occasional tent camping, a caretaker residence, bathhouses, open-air
pavilions, and private offices for the operation of the private park.

ii.

he following commercial uses and facilities are not permitted in
T
or accessory to a private park: recreational vehicle campground,
golf course, golf driving range, swimming pool, fairgrounds, zoo,
hotel, motel, or lodge.
A private park may not locate any building, structure, or tent

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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camping area:
1. In flood hazard areas that have a 1% or 0.2% annual chance
of flooding, also known as the 100-and 500- year
floodplains.
2. On or within 100 feet of any steep slope as defined by
Article VI, Construction on or Adjacent to Steep Slopes.
3. Within 100 feet of any wetland.
(6) Residential Care Facility

licensed care facility that provides 24-hour medical or non-medical
A
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.
i.
ii.
iii.
iv.

he facility must be licensed by the State of Maryland.
T
The facility provides a minimum of one toilet and one bathtub or
shower for every four residents.
There shall be adequate supervision as needed by an adequate
number of persons trained in the field for which the use is
intended.
Any on-site medical or counseling services shall be limited to
residents.
A residential care facility shall not house persons who can
reasonably be considered to be a physical threat to others.
If a residential care facility is within a residential district:
1. It shall be maintained and/or constructed to be closely
similar in exterior appearance and condition to other
dwellings in the area; and
2. No exterior signs shall identify the nature of the use.

vi.

(7) Tourist Home
residentialbuilding,thatisrentedcommerciallyinwholeorinpart,
A
oraseparatedwellingunitaccessorytosuchabuildingthatisrented
commercially, in which paying guests are provided, with or without
prearrangement.

E. Institutional, Recreational and Educational Uses
ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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(1) Assembly
facility that has organized services, meetings, events, or programs
A
to benefit, educate, entertain, or promote discourse in a public or
private setting.

iv.
v.
i.
v
vii.

inimum lot area shall be one acre.
M
Minimum lot width shall be 200 feet.
No part ofanybuildingshallbelocatedwithin50feetofany
adjoining property line in separate ownership.
Building coverage shall not exceed 25% of the lot.
Screening and buffers shall be provided where thelotabuts
residentially used properties or any residential zoning district.
Parking requirements shall be met on-site.
Housing for religious personnel shallmeettherequirements
of the applicable residential use.

AF
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i.
ii.
iii.

(2) Cultural Facility

facility open to the public for cultural services and exhibitions, such
A
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.
i.

ii.

iii.

he minimum lot area shall be 10,000 square feet.
T
No part ofanybuildingshallbelocatedwithin30feetofany
adjoining property in residential use.
Vegetative screening and buffers shall be provided on alllot
lines that abut properties in residential use.
Nooutdooractiverecreationalareashallbelocatednearerto
any lot line than the required yard setback.
Any new buildings shall be designed to be architecturally
harmonious with buildings in the neighborhood including
but not limited to building facadeorientation,buildingscale
and massing, materials, colors, roofs and roof lines.

iv.
v.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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(3) Day-Care Center
business that provides licensed care to twelveormorechildrenor
A
adults for less than 24 hours a day, this includes a nursery school,
kindergarten,orotheragencygivingcaretopersonsasacommercial
operation.

ii.
iii.
iv.

vi.

he minimum lotareashallbe20,000squarefeetplus2,500
T
square feet of lot area for each person cared for above 10
persons.
No part ofanybuildingshallbelocatedwithin30feetofany
adjoining property in residential use.
Vegetativescreeningandbuffersshallbeprovidedwherethe
lot abuts residentially used properties.
Anyoutdoorrecreationalareashallbelocatedintherearyard
anditsboundaryshallbeatleast10feetfromtherearlotline
and not nearer to any other lot line than the required yard
setback.
Outdoor play areas shall be sufficiently screened and
sound-insulated so as to protect the neighborhood from
noise and other disturbances. To fulfill this requirement,
screening may be located anywhere on the lot as needed.
Any new buildings shall be designed to be architecturally
harmonious with buildings in the neighborhood, including
but not limited to building facadeorientation,buildingscale
and massing, materials, colors, roofs and roof lines.

AF
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(4) Day Care, Home

business that provides licensed care to up to twelve children or
A
adults for less than 24 hours a day that is run out of a residential
home.
i.

ii.
iii.

he home day care shall meet the requirements of state and
T
local health departments.
Facilities toensurethesafepickupanddropoffofallpersons
must be located on the site.
Parking requirements of home day-carebusinessesmustbe

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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iv.

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et in addition to any residential parking requirements for
m
the dwelling in which the operation is located.
The home in which the daycare center is operated is the
primary residence of the owner and operator of the daycare
center.

(5) Environmental Science

AF
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esearch and educational uses including nature centers related to
R
environmental sciences.

If a Special Exception is granted in the RC District:
Accessory uses shall only be those intrinsicallyrelatedtothe
i.
research or educational mission of the principal use.
ii.
Whether Article X, Forest Conservation, is applicable or not,
theremovaloftreesonthepropertyshallbestrictlylimitedto
only that extent necessary to make reasonable use of the
property andtheapplicantshallsubmitaplandocumenting
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.

(6) Governmental Facility

government building or recreational facility that is owned and
A
operated by Chesapeake Beach or other governmental agency.
If a Special Exception is granted in the RC District:
i.
Nobuildingshallbepermittedexceptthatwhichisnecessary
for the purposes ofmanagingthelandorwaterresourcesor
enhancing the low-impact experience of the natural
environment.
Whether Article X, Forest Conservation, is applicable or not,
ii.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 25 of 65

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iv.

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t heremovaloftreesonthepropertyshallbestrictlylimitedto
only that extent necessary to make reasonable use of the
property andtheapplicantshallsubmitaplandocumenting
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.

AF
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iii.

(7) Nature Preserves

and managed solely for the conservation of natural resources and
L
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.
i.

ii.

ccessory uses shall only be those intrinsically related to the
A
game, wildlife, nature, or educational mission of the principal
use.
Whether Article X, Forest Conservation, is applicable or not,
theremovaloftreesonthepropertyshallbestrictlylimitedto
only that extent necessary to make reasonable use of the
property andtheapplicantshallsubmitaplandocumenting
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.

iii.

iv.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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

AF
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If a Special Exception is granted in the RC District:
i.
Whether Article X, Forest Conservation, is applicable or not,
theremovaloftreesonthepropertyshallbestrictlylimitedto
only that extent necessary to make reasonable use of the
property andtheapplicantshallsubmitaplandocumenting
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.
(9) Private Club

n establishment, building, facility, or grounds owned or operated by
A
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.

(10)Schools

public, private, or parochial institution offering instruction at the
A
elementary through high school levels with a full range of curricular
programs.
i.
ii.
iii.

inimum lot area shall be one acre.
M
Minimum lot width shall be 200 feet.
No part ofanybuildingshallbelocatedwithin50feetofany
adjoining property line in separate ownership.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 27 of 65

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iv.

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ormitories or other living accommodations for faculty or
D
students shall meet the requirements of the applicable
residential use.

(11) Water-Oriented Recreation

AF
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eans shore-dependent recreation facilities or activities, This
M
includes sailing schools, boat rentals and storage and similar
water-oriented recreational uses.

If a Special Exception is granted in the RC District:
i.
Whether Article X, Forest Conservation, is applicable or not,
theremovaloftreesonthepropertyshallbestrictlylimitedto
only that extent necessary to make reasonable use of the
property andtheapplicantshallsubmitaplandocumenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
ii.
The use shall be limited to waterfront properties or to
propertiesthatarecontiguousto,andfunctionallyconnected
with, waterfront properties.
iii.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable
use of the property and, where feasible, pervious surfaces
should be used as an alternative.
iv.
No building shall be permitted.

F. Office and Commercial Uses

(1) Alcohol Sales

retail establishment whose primary business is the sale of alcoholic
A
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.

(2) Animal Care Establishment
A business which provides care for domestic animals, including

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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eterinary offices for the immunization, diagnosis, or treatment of
v
animals, where animals may be boarded during their convalescence,
includes pet grooming facilities.

ii.
iii.

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

inimum lot area shall be 20,000 square feet.
M
All operations are conducted indoors.
Vegetative landscaping shall be used alongthesidelotlines
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.
The site may not be operated as a kennel,thoughovernight
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 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.

AF
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(3) Cannabis Dispensary

annabis Dispensary shall have the meaning set forth in Division III,
C
"cannabis," of the alcoholic beverages and cannabis article of the
annotated code of Maryland.
i.

he boundaries of a property on which aCannabis Dispensaryis
T
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 existingor underactive
construction at the time that the application for a Cannabis
Dispensary is submitted.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 29 of 65

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iii.

iv.
v.
vi.

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he boundaries of a property on which aCannabis Dispensaryis
T
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 aCannabis Dispensaryis
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 aCannabis
Dispensaryis located.
On-site consumption of cannabis is not permitted.
A CannabisDispensaryis not permitted as an accessoryuse.
A CannabisDispensaryis not permitted as a home occupation.

AF
T

ii.

(4) Contractors Shop

business engaged in construction, demolition, maintenance, or repair
A
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.
(5) Entertainment and Recreation, Indoor

facility operated as a business providing active or passive
A
recreational, entertainment, or athletic activities entirely within an
enclosed building, includes facilities for organized sports,
amusement, and leisure activities.
oise and visual impacts must be contained within the
N
structure.
Does not include a bar, restaurant, or nightclub.

ii.

(6) Entertainment and Recreation, Outdoor
facility operated as a business providing recreational or amusement
A
activities primarily conducted in open or partially enclosed structures.
i.

Noise and visual impacts must be appropriately buffered

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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ii.

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f rom any nearby residential areas.
Does not include a bar, restaurant, or nightclub.

(7) Gaming Establishment

AF
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ny entity licensed by the state of Maryland to offer Electronic
A
Instant Bingo, Sports Wagering, or other legalized gambling
activities. This use is restricted to entities that held a valid license for
such activities prior to June 30, 2007, in accordance with State
grandfathering provisions.
(8) Home occupation, Minor

home occupation is a business or commercial activity that a
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 is intended to have little or no negative impact on the
neighborhood where the business is located.
i.
ii.

iii.
iv.

he occupation is conducted entirely within the PRINCIPAL
T
dwelling.
Theoccupationusesnomorethan30%oftheprincipaldwelling
floor area.
All employed are permanent residents in the dwelling.
No outside storage of equipment, materials or items to be
repaired or sold shall be permitted.
No REGULATED article or commodity is offered for sale ON
PREMISES.
Novisibledisplayofproductsoradvertisingmaybevisiblefrom
outside the dwelling.
THE OCCUPATION SHALL NOT GENERATE MORE THAN FIVE
TRIPS (VEHICULAR OR PEDESTRIAN) FROM VISITS OR
DELIVERIES TO THE SITE PER WEEK.
REGULAR TRUCK DELIVERIES ARE PROHIBITED, EXCEPT FOR
PARCELS DELIVERED BY PUBLIC OR PRIVATE PARCEL
SERVICES THAT CUSTOMARILY MAKE RESIDENTIAL DELIVERIES.
The occupation shall not require any additional parking or
loading beyond that required for the primary dwelling.

vi.

vii.

viii.

ix.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 31 of 65

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x.
xi.

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HE OCCUPATION SHALL NOT GENERATE A NUISANCE OR
T
VIOLATE ANY OTHER LAW.
The establishment or operation of a home occupation shall be
harmonious with the character of neighboring residential uses.

(9) Home occupation, Major

ii.
iii.

heoccupationisconductedentirelywithinthedwellingand/or
T
accessory building and is clearly secondary to the use of the
dwelling for residential purposes.
On-sales, services, and employment shall be conducted
between 8 am and 8 pm.
Thegrossfloorareaofthehomeoccupationoverallbuildingson
the property uses no more than 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.
Noarticleorcommodityisofferedforsaleorispubliclydisplayed
on the premises except those incidental to the services offered.
No REGULATED article or commodity is offered for sale ON
PREMISES.
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.
THEOCCUPATIONSHALLNOTGENERATEMORETHAN20TRIPS
(VEHICULAR ORPEDESTRIAN)FROMVISITSORDELIVERIESTO
THE SITE PER WEEK, AND NO MORE THAN 5 PER DAY

iv.

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home occupation is a business or commercial activity that a
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 is intended to have minimal impact on the
neighborhood where the business is located.

vi.

vii.

viii.

ix.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 32 of 65

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xi.

xii.
xiii.
xiv.

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( EXCLUDING THE ARRIVAL AND DEPARTURE OF ANY
NON-RESIDENT EMPLOYEE.
REGULAR TRUCK DELIVERIES ARE PROHIBITED, EXCEPT FOR
PARCELS DELIVERED BY PUBLIC OR PRIVATE PARCEL
SERVICES THAT CUSTOMARILY MAKE RESIDENTIAL DELIVERIES.
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 HOME OCCUPATION SHALL NOT GENERATE A NUISANCE
OR VIOLATE ANY OTHER LAW.
The establishment or operation of a home occupation shall be
harmonious with the character of neighboring residential uses.

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(10)Nightclub

business whose primary business is the provision of live or recorded
A
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.

arryout food may constitute no more than 10% of the business.
C
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.

(11) Nurseries, Tree and Plant
etail sale of living plants, trees, and shrubs, including the sale of related
R
items.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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(12) Offices & Clinics

i.
ii.

iii.
iv.

he principal building shall be no closer than 20 feet to any lot
T
line that adjoins a property in residential use.
Off-street parking shall be provided in the side or rear yard and
shall be completely screened from view of adjoining residential
properties.
Vegetativescreeningandbuffersshallbeprovidedalonglotlines
that abut properties in residential use.
To reduce the impact of traffic and parking, the total floor area
devoted to the use shall be limited to 6,000 square feet (in
addition to any basement or attic areas used solely for storage).
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.
IntheRV-2,Theuseshallonlybepermittedasanintegralpartof
a pre-existing otherwise permitted mixed use commercial and
multifamily development.

vi.

AF
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n office for professional use, including offices or clinics for medical
A
or dental examination or treatment of persons as outpatient,
including laboratories incidental thereto. Fabricating, assembling, or
warehousing of physical products for the retail or wholesale market,
or engaged in the repair of products or retail services are not office
uses.

(13) Restaurant, Class I1

business where food and beverages are prepared for and served to
A
patrons for consumption primarily on-premises in a ready-to-consume
state. Patrons are customarily provided with menus and are served their
food or beverages by a restaurant employee at the same table or
counter at which the food is consumed.
i.
Carryout goods may constitute no more than 10% of the

Drafters note: Previously, Restaurant Classes wentfrom more to less intense, this is
ontradictory to how the other uses in the ZO are set up, for this reason the definitions
c
of Class I and Class III restaurants have been swapped.
1

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 34 of 65

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ii.
iii.
iv.
v.
vi.

04-27-2026

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usiness.
b
May include a bar, dancing, and live entertainment as regulated
within the specific zoning districts.
Outdoor dining is permitted.
Drive-up services are not permitted.
The sale of alcohol for on-premises consumption is permitted.
The sale of alcohol is incidental to the sale of food.
Catering or delivery is permitted as an accessory use.

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vii.

(14)Restaurant, Class II

business where food and beverages are prepared for and served to
A
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.
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.

(15) Restaurant, Class III
business where food and beverages are prepared for and served to
A
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.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 35 of 65

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iii.
iv.
v.
vi.
vii.

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ay have drive-up services and drive-through windows.
M
Alcohol sales are not permitted via drive through windows.
Outdoor dining is permitted.
The sale of alcohol for on-premises consumption requires
separate approval as a tavern.
The sale of alcohol for off-premises consumption requires
separate approval for an alcohol sales establishment.

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(16) Retail, Neighborhood

mall-scale retail establishments of no more than 3,000 square feet
S
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
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

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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Home furnishings & Accessories
Jewelry Store
Optical goods
Magazine/Newspaper sales

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Party supply Shop
Specialty foods

Sporting goods

Stationary Store

Toys/baby supplies
i.

I ntheRV-2,Theuseshallbepermittedasanintegralpartofa
pre-existing,non-conformingandotherwisepermittedmixed
use commercial and multifamily development.

(17) Retail, General

ales establishments that meet the diverse consumption needs of
S
the surrounding community and passing traffic. These uses are
located on arterial roads and not on neighborhood streets.

eneral retail uses include those listed in the table of neighborhood
G
retail in §290-11(E)(4), 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

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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Discount store
Medical supply store
Outdoor recreation equipment
Pharmacy

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(18)Services, Personal

commercial business primarily engaged in providing services to an
A
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
epair shops for any goods that are permitted
R
to be sold in the district

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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Salons
Spa
Travel agency
I n the RV-2, The use shall be permitted as an integral part of a
pre-existing, non-conforming, and otherwise permitted mixed
use commercial and multifamily development.

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(19) Services, General

Commercial business primarily engaged in providing services to
A
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.

eneral service uses include those listed in the table of personal
G
services in §290-11(E)(6), and those additional uses listed in the table
of general services.
Table of general services
Contractors Shop
Dancing School

Financial Services, Bank
Mailing & Shipping
Music or Art Studio
Plumbing Shop
Printing & Copying

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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Professional School
Theaters
Psychic Readings
Tattoo Parlors

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(20)Tasting Rooms

n on-site tasting room for the retail sale of beverages for on and
A
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 theAlcoholic Beveragesand Cannabis Article
ofState Code.
i.
ii.
iii.

iv.

or a limited winery the production quantities shall not exceed
F
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.
Outdoor dining is permitted.

.
v
vi.

(21) Tavern

business where beverages are prepared for and served to customers
A
for consumption primarily on-premises. If food is sold, the sale of food is
incidental and secondary to the sale of alcohol.
i.
ii.

arryout food may constitute no more than 10% of the business.
C
May include a bar, dancing, and live entertainment as regulated
within the specific zoning districts.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 40 of 65

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iii.
iv.
v.

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utdoor dining is not permitted.
O
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.

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i.
v
vii.
viii.

G. Light Industrial, Utility, and Related Uses
(1) Aquaculture

eans the commercial rearing of fish or aquatic plants for sale, trade,
M
barter, or shipment.

If a Special Exception is granted in the RC District:
i.
The use shall be limited to waterfront properties or to
properties that are contiguous to, and functionally connected
with, waterfront properties.
ii.
Whether Article X, Forest Conservation, is applicable or not,
the removal of trees on the property shall be strictly limited to
only that extent necessary to make reasonable use of the
property and the applicant shall submit a plan documenting
both existing and planned tree cover including an inventory
of trees to be removed and replaced.
iii.
There shall be only species that are native to this region.
iv.
The addition of impervious surface coverage shall be strictly
limited to only that amount necessary to enable reasonable use
of the property and, where feasible, pervious surfaces should be
used as an alternative.

(2) Automotive Service
business that offers routine maintenance and minor repairs to
A
motor vehicles.
i.

All activities, except for those to be performed at the fuel

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 41 of 65

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iii.
iv.
v.
vi.
vii.

viii.

ix.

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

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ii.

(3) Bio Manufacturing

facility primarily engaged in compounding, processing, assembly,
A
packaging, or treatment of chemical, biological, or pharmaceutical
products. This use includes laboratories, administrative offices, and
prototype development.

acilities operating at biosafety level 3 (bsl-3) or higher, as
F
defined by the U.S Centers for Disease Control (CDC) are not
permitted.
All storage of hazardous materials, compressed gases, or
chemical solvents must be contained within the principal
building or in approved accessory structures.

ii.

(4) Craft/Artisan Assembly and Manufacturing
A manufacturing use involving small-scale production or assembly with

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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o noxious by-products, and which may include a showroom or ancillary
n
sales of products, including cabinet making, woodworking, glass
making, blacksmithing, boat building, and sail manufacturing.

ii.
iii.

iv.

o processes or equipment may be used that creates heat,
N
glare, dust, smoke, fumes, odors, or vibration detectable off the
property.
No storage or stockpiling of any trash shall be permitted.
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.
Bulk storage of flammable liquids shall comply with all local,
state, and federal regulations regarding fire safety.

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(5) Bus/Transit Stop

facility designated for the loading and unloading of passengers from
A
bus, rail, or other public transportation services. Does not include
housing, storage, maintenance, and repair of vehicles.
(6) Marina

ny commercial facility for the mooring, berthing, storing, or securing of
A
watercraft, but not including community piers, private or individual
piers, and other noncommercial boat docking and storage facilities.
i.

ii.

he Marina shall comply with all Town, state, and federal
T
codes, regulations, laws, and ordinances.
The proposed design shall include adequate safety features
for 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.

iii.

iv.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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vi.

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dequate sanitary facilities shall be provided. The Planning
A
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.

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(7) Marine Storage

Storage in association with permitted Marina activities
i.

ii.
iii.

he use shall be limited to permitted marine commercial
T
activities located on the same property or a contiguous property
where there is a direct and functionally connected relationship.
Clearing of forested land is strictly prohibited.
The addition of impervious surfaces is 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.

(8) Seafood Processing & Fishing, Water dependent

facility or area used for the berthing of commercial fishing vessels and
A
the unloading, weighing, sorting, and temporary storage of finfish,
shellfish, or other marine resources.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

Page 44 of 65

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iii.
iv.

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here shall be only species that are native to this region.
T
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) Solar Energy Systems, Commercial

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solar energy system (SES) is a device or structural component, or
A
group of components, designed to collect, store, and/ordistributesolar
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.

ommercial SES are permitted in the MC zonesubjecttothefollowing
C
regulations:
i.
All commercial, and community solar energy systems and
associated facilities must comply with the following minimum
setbacks:
1. 150 feet from the nearest wall of any existing residential
dwelling not located on the project parcel.
2. 100 feet from all exterior property lines of the project area.
3. Setbacks shall be measured from the property boundary to
the nearest part of the nearest solar panel, inverter,
substation, or associated equipment.
4. 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.
iv.
Fencing must be set back at least 50 feet from the edge of any
public road right-of-way.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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vi.
vii.

viii.

DRAFT

encing shall be black or green vinyl-coated wire mesh if
F
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:
1. Any existing forest or hedgerow on the site shall be
preserved to the maximum extent practicable and
supplemented with new, native plantings where necessary.
2. 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.
3. Buffers are required along:
a. All project area property lines
b. Edges without existing vegetative screening over 50
feet wide
c. 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.
4. Vegetative screening shall include staggered, multilayered
rows of both evergreen and deciduous native species,
providing four-season visual screening of the SES
5. Plantings must reach screening capacity within five (5)
years and be at least four (4) feet in height at time of
planting.
6. May not be trimmed in such a way as to stunt growth or
limit the effectiveness of the visual screening.

ix.

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ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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landscaping bond equal to 100% of the total cost shall be
A
posted for five (5) years, with 50% release after 90% survival
is demonstrated.
8. 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.
9. 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 comply with setbacks and be sited to minimize public
visibility.
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.

xi.

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xii.

xiii.

xiv.
xv.

xvi.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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xviii.

xix.

xx.
xxi.
xxii.
xxiii.

DRAFT

xterior lighting is permitted only as required by law and
E
necessary for safety.
1. 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.
1. 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.

xxiv.

04-27-2026

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xvii.

(10)Utilities

acilities and services that primarily serve local distribution needs,
F
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.
i.

I n any residential district, the proposed use at the location
selected is necessary for public convenience and cannot be
supplied with equal public convenience if located elsewhere.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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I n any residential district, whenever practicable, buildings and
structures shall have the exterior appearance of residential
structures.
In any residential district, no business office or storage
yard/building is operated in connection with it.
Any radio, cellular, and/or television transmitter 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.

iii.
iv.

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vi.

H. Temporary Uses

(1) Building incidental to construction

temporary building, mobile unit, or trailer used for the storage of
A
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.

rovided that it is removed when construction is finished.
P
If the permit expires, is revoked, or if construction activity ceases
for a period of 60 consecutive days, the temporary building must
be removed.
The temporary structure is permitted for one year. A one-year
extension may be permitted by the Zoning Administrator.

i.
ii.

iii.

(2) Carnival or Transient Enterprise
temporary outdoor establishment involving the set-up of
A
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.
i.

Conducted by a registered non-profit organization, place of

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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iii.
iv.

vi.

04-27-2026

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orship, volunteer fire department, or school located within
w
the Town.
The primary purpose of this event is fundraising or
community engagement.
The use shall not exceed 10 days and shall not include
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:
1. Must occur entirely on the campus of the registered
non-profit organization, place of worship, volunteer
fire department, or school located within the town.
2. Shall not operate between the hours of 10pm and
9am.

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ii.

(3) Garage, Yard, Estate Sales:

temporary event held on a residential premise for the sale of used
A
household goods, personal property, or unwanted items accumulated by
the residents of the dwelling.
rticles for sale consist of personal possessions of the seller.
A
Such sales are not conducted in the same location more than
four times per year.
Sales are conducted between the hours of 8 AM and 6 PM.

i.
ii.

iii.

(4) Non- Residentail Parking
I n any residential district, parking of vehicles in a private driveway for
compensation during special events shall be permitted subject to the
following regulations:
i.
ii.

ll vehicles must be parked on paved surfaces on the lot.
A
Expansion of paved surfaces on a residential lot for this purpose is
prohibited.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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iii.
iv.

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vernight parking for compensation is prohibited.
O
This use is limited to special events that generate additional traffic,
and limited to two hours before the start and two hours after the
end of the event.

(5) Temporary Sales

ii.
iii.

iv.
v.

he stand is located entirely on private property and not within
T
any right-of-way with the explicit permission of the property
owner or tenant.
The stand, its operators, and its patrons do not obstruct public
sidewalks, streets, or other public rights-of-way.
The operation is occasional and temporary, operating for no
more than 90 days within a calendar year, and limited to
daylight hours.
When not in active use, all temporary tables, stands, and signs
must be removed from the yard or stored out of public view.
The activity does not create a traffic hazard, public nuisance, or
safety risk.
The activity shall comply with all Town, state, and federal
codes, regulations, laws, and ordinances.

vi.

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he temporary sale of goods grown or produced on a property via a
T
stand or table set out for this purpose. This includes, but is not limited to,
the occasional sale of non-alcoholic beverages or incidental goods by a
minor, defined as a person under the age of 18.

ThisDRAFTdocument is drafted as a repeal and replacementof the relevant
attachments and sections of the Town’s Zoning Ordinance.

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§ 290-13
annabis businesses.[1]
C
[Added 12-21-2023 by Ord. No. O-23-24]

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o business may operate anon-sitecannabisconsumptionbusinesswithinthe
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Town limits of Chesapeake Beach.

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attachments and sections of the Town’s Zoning Ordinance.

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§290-43 Terms Defined.
As used in this chapter the following terms shall have the meanings indicated:

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DULT BOOKSTORE ENTERTAINMENT AND RETAIL ESTABLISHMENTS — A
A
BUSINESS THAT SELLS OR DISSEMINATES EXPLICIT SEXUAL MATERIAL,
ENTERTAINMENT, GOODS OR SERVICES, AND AT WHICH ACCESS TO THE
PUBLICDISPLAYOFEXPLICITSEXUALMATERIALISRESTRICTEDBYLAWTO
PERSONS 18 YEARS OF AGE OR OLDER. THIS INCLUDES Any premises from
which minors are excluded and in which the retail sale of books, magazines,
newspapers, movie films, devices, slides, or other photographic or written
reproductionsisconductedasaprincipaluseofthepremises;orasanadjunctto
some other business activity, but which constitutes the primary or a major
attraction to the premises. ADULTNIGHTCLUB,BAR,RESTAURANT,ORSIMILAR
ESTABLISHMENT — An entertainment establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, or similar
entertainers,ADULT MASSAGE, AND OTHER SIMILAR USES.
REA,GROSS—Alltheareawithinaparcel,inclusiveofsteepslopes,localaccess
A
streets or alleys, off-street parking spaces, recreation sites, floodplains, and
wetlands.

REA, GROSS FLOOR — The usable space contained within a structure. For a
A
residential application, the floor areaisincludedifitisabasementareaover3.5
feet above grade,anatticareawhichhasaceilingsevenfeetormoreinheight,
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.

SSEMBLY — A FACILITY THAT HAS ORGANIZED SERVICES, MEETINGS,
A
EVENTS, OR PROGRAMS TO BENEFIT, EDUCATE, ENTERTAIN, OR PROMOTE
DISCOURSE IN A PUBLIC OR PRIVATE SETTING.
ED-AND-BREAKFAST ESTABLISHMENT —
B
An owner-occupied or
manager-occupied building where, for compensation and only by
prearrangement (transients only) fordefiniteperiods,TEMPORARYlodgingand
mealsareprovided.Suchusesarelimitedtofiveguestrooms,excludingresident
management.

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OARDING, ROOMING, OR LODGING HOUSES, — A BUILDING OR PORTION
B
OF WHICH IS USED BY ITS OCCUPANTS TO PROVIDE LODGING AND MEALS
FOR COMPENSATION TO FOUR OR MORE, BUT NOT EXCEEDING NINE,
GUESTS.THEDWELLINGUNITSHALLCONTAINNOTMORETHANFIVEGUEST
ROOMS. A BOARDING OR ROOMING HOUSE SHALL NOT BE CONSIDEREDA
BED-AND-BREAKFAST INN.

AF
T

UILDING—Acombinationofmaterialshavingaroof,toformastructureforthe
B
shelterofpersons,animals,orchattel.Theword"building"shallincludeanypart
thereof.

UILDING, ACCESSORY — A building subordinate to the principal building on
B
the same lot and used for purposes customarily incidental to those of the
principal building.
UILDING AREA — The aggregate of the maximum horizontal cross-section
B
areas of all buildings on a lot, excluding cornices, unroofed porches, paved
terraces, exterior steps, eaves, and gutters.

UILDINGCOVERAGE—Thepercentageofthelotareacoveredbythebuilding
B
area. This percentage shall include any square footage included in the ground
floor of the gross floor area calculation.

UILDING HEIGHT — A building's height shall be measured by the average
B
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 theroofline,whichshallincludeanyrooftopdeck,fencerailing,
widows walk, or other rooftop addition.

ANNABIS; DISPENSARY, GROWER, PROCESSOR — HAVE THE MEANINGS
C
SET FORTH IN DIVISION III, "CANNABIS," OF THE ALCOHOLIC BEVERAGES
AND CANNABIS ARTICLE OF THE ANNOTATED CODE OF MARYLAND.
ARNIVAL — A TEMPORARY OUTDOOR ESTABLISHMENT INVOLVING THE
C
SET-UP OF AMUSEMENT RIDES, GAMES OF CHANCE OR SKILL, ANIMAL
SHOWS, AERIALPERFORMANCES,ORSIMILARENTERTAINMENTACTIVITIES.
THIS USE INCLUDES ASSOCIATED CONCESSION STANDS, TEMPORARY
STRUCTURES, AND MECHANICAL EQUIPMENT.

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OMMERCIAL USE — An occupation, employment, or enterprise that is
C
carried on for profit by the owner, lessee, or licensee.

AF
T

ONDOMINIUM — An ownership arrangement as defined in the Annotated
C
Code of Maryland,RealPropertyArticle,Title11.Itisanestateinrealproperty
consisting of an undivided interest in common with other purchasers in a
portionofaparcelofrealproperty,togetherwithaseparateinterestinspace
in a building, such as an apartment.
ULTURAL FACILITY — A FACILITY OPEN TO THE PUBLIC FOR CULTURAL
C
SERVICES AND EXHIBITIONS, SUCH AS A LIBRARY, MUSEUM, COMMUNITY
CENTER, ADULT EDUCATIONCENTER,ORSIMILAROPENTOTHEPUBLICOR
CONNECTED WITH A PERMITTED USE ANDNOTCONDUCTEDASAPRIVATE
BUSINESS.

ATA CENTER — A SPECIALIZED FACILITY WHOSE PRIMARY PURPOSE IS
D
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, BATTERYBANKS),SPECIALIZEDENVIRONMENTALCONTROLS
(E.G., INDUSTRIAL COOLING SYSTEMS/CHILLERS), ENHANCED SECURITY
SYSTEMS, AND HIGH-CAPACITY FIBER-OPTIC DATA CONNECTIONS.
AY CARE, CENTER — A BUSINESS THAT PROVIDES LICENSED CARE TO
D
TWELVE 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.

AYCARE,HOME—ABUSINESSTHATPROVIDESLICENSEDCARETOUPTO
D
TWELVE CHILDREN OR ADULTS FOR LESS THAN 24 HOURS A DAY THAT IS
RUN OUT OF A RESIDENTIAL HOME.
ENSITY, GROSS — The number of dwelling units per gross acre of a
D
developmentparcel,inclusiveofstreets,openspaces,andnonbuildableareas.
ACCESSORY DWELLING UNITS ARE NOT PART OF DENSITY
CALCULATIONS.

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RIVEWAY — A PRIVATE WAY THAT AFFORDS MOTOR VEHICLE ACCESS
D
FROM A PUBLIC OR PRIVATE STREET INTO ABUTTING PROPERTY.
WELLING — A building on a permanent foundation arranged or designed to
D
providelivingfacilitiesforoneormoreINDIVIDUALfamilies.Theword"dwelling"
shall not be construed to include a mobile home or habitable travel trailer.

AF
T

WELLING UNIT, ACCESSORY — A dwelling SECONDARY TO THE PRIMARY
D
DWELLING UNIT WHICH IS ON THE SAME LOT, PARCEL, OR TRACT AS A
PRIMARY SINGLE-FAMILY DETACHED DWELLING UNIT AND NOT GREATER
THAN 75% OF THE SIZE OF AND SUBORDINATE IN USE TO THE PRIMARY
SINGLE-FAMILY DETACHED DWELLING UNIT. THIS INCLUDES A STRUCTURE
THAT IS SEPARATE FROM THE PRIMARY SINGLE-FAMILY DETACHED
DWELLING UNIT OR ATTACHED AS AN ADDITION TO THE PRIMARY
SINGLE-FAMILY DETACHED DWELLING UNIT. either attached to a dwelling as
defined herein or is located in an accessory building, as defined herein.
WELLING,MULTI-UNITMULTIPLE-FAMILY—Abuildingcontainingtwoormore
D
ATTACHEDdwellingunitsonasinglelothavingacommonroofandacommon
entry.
WELLING, SINGLE-FAMILY ATTACHED — A building containing two or three
D
attacheddwellingunitswhichhaveacommonwallatthelotlinebetweeneach
unit and which are on separate lots.

WELLING, SINGLE-FAMILY DETACHED — A building containing one dwelling
D
unit on one lot and detached from any other dwelling.

WELLING, TOWNHOUSE — A building containing four or more attached
D
dwelling units inarowwhichhaveacommonwallatthelotlinebetweeneach
unit and which are on separate lots.
WELLING UNIT — MEANS A SINGLE UNIT PROVIDINGCOMPLETELIVING
D
FACILITIES FOR AT LEAST ONE INDIVIDUAL, INCLUDING, AT A MINIMUM,
PROVISIONS FOR SANITATION, COOKING, EATING, AND SLEEPING, A
dwelling or portion thereofprovidingcompletelivingfacilitiesforonefamily,
but shall not include mobile homes, habitable travel trailers, or rooming,
boarding-,orlodginghouses,orhotels,motels,touristhomes,orothersimilar
places offeringTEMPORARYovernight accommodationsfor transients.

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AVE — THE JUNCTION OF A BUILDING WALL AND AN OVERHANGING
E
ROOF.

AF
T

LECTRONIC INSTANT BINGO MACHINE — A MACHINE, APPARATUS, OR
E
DEVICE THAT DISPLAYS FACSIMILES OF BINGO CARDS AND ALLOWS A
PLAYER TO PLAY A GAME OF INSTANT BINGO, AS AUTHORIZED UNDER
MARYLAND CRIMINAL LAW ARTICLE §12-308. THESE MACHINES ARE
DISTINGUISHED FROM SLOT MACHINES BY THEIR CERTIFICATION BY THE
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION (SLGCC).
NTERTAINMENT AND RECREATION, INDOOR — AFACILITYOPERATED
E
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.

NTERTAINMENT AND RECREATION, OUTDOOR
E
—
A FACILITY
OPERATED AS A BUSINESS PROVIDINGRECREATIONALORAMUSEMENT
ACTIVITIES PRIMARILY CONDUCTED IN OPEN OR PARTIALLY ENCLOSED
STRUCTURES.

NVIRONMENTAL SCIENCE
E
— RESEARCH AND EDUCATIONAL USES
INCLUDING NATURE CENTERS RELATED TO ENVIRONMENTAL SCIENCES.

FACADE — THE EXTERIOR WALL OF A BUILDING

AMILY—Anindividual,ortwoormorepersonsrelatedbybloodormarriage,
F
or group of not more than four persons not related by blood or marriage,
living together as a single housekeeping group in a dwelling unit.

ORTUNETELLINGORPSYCHICREADING — THEPRACTICEOFREVEALING
F
THE PAST, PRESENT, OR FUTURE FORTUNE OR EVENTS OF ANYONE'S LIFE
FOR PAY OR COMPENSATION.
AMING ESTABLISHMENT — ANY FACILITY OR VENUE THAT OFFERS
G
ELECTRONIC INSTANT BINGO, SPORTS WAGERING, OR OTHER LEGALIZED
GAMBLING ACTIVITIES.

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ROUPHOME—ADWELLINGTHATHOUSESNOMORETHAN8INDIVIDUALS
G
WHO REQUIRE SPECIALIZED LIVING ARRANGEMENTS AND PROVIDES
HEALTH SERVICES AND SUPERVISION TO THOSE INDIVIDUALS. Any
residential structureusedtoprovideassistedcommunitylivingforpersonswith
physical, mental, emotional, familial, or social difficulties.1

AF
T

OVERNMENTALFACILITY —AGOVERNMENTBUILDINGORRECREATIONAL
G
FACILITY THAT IS OWNED AND OPERATED BY CHESAPEAKE BEACH OR
OTHER GOVERNMENTAL AGENCY.
HOTEL — See "motel."

OME OCCUPATION — A HOME OCCUPATION IS A BUSINESS OR
H
COMMERCIAL ACTIVITY THAT A PERMANENT RESIDENT CONDUCTS WITHIN
THEIR RESIDENCE, AND WHICH THE USE IS CLEARLY SECONDARY TO THE
PRIMARY USE AS A RESIDENCE.

UNK AND SALVAGE YARDS — ANY LAND OR BUILDING USED FOR THE
J
ABANDONMENT, STORAGE, KEEPING, COLLECTING, SALVAGE, SALE,
EXCHANGE, DISASSEMBLING, WRECKING, BALING, RECYCLING, OR
HANDLING OF PAPER, RAGS, WOOD, SCRAP METALS,OROTHERSCRAPOR
DISCARDEDMATERIALS.THISINCLUDESTHESTORAGEORDISMANTLINGOF
AUTOMOBILES OR OTHER VEHICLES AND EQUIPMENT NOT IN OPERABLE
CONDITION. IT DOES NOT INCLUDE PAWN SHOPS, ANTIQUE SHOPS, OR
BUILDINGS FOR THE SALE AND STORAGE OF USED FURNITURE.

ANDFILLS — A FACILITY OR ENGINEERED SITE THAT COLLECTS AND
L
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.

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T

IGHT INDUSTRIAL USES — A narrow range of industrial uses that are
L
compatible with adjacent uses to the extent that any adverse effects on
health,safety,welfare,ortheenvironmentareavoided.Theusesarelimitedto
light manufacturing, fabricating, warehousing, and wholesale distribution in
lowbuildingswithoff-streetloadingandoff-streetparkingforemployeesand
with access by major thoroughfares. Light industries include those which
manufacture, process, store, package or distribute goods and materials;and
are, in general, dependent on raw materials refined elsewhere.
OT — A parcel of land used or set aside and available for use as the siteof
L
one or more buildings and buildings accessory thereto or for any other
purpose,inoneownershipandnotdividedbyastreetnorincludinganyland
withinthelimitsofapublicorprivatestreetright-of-way.Theterm"recordlot"
means the land designated as a separate and distinct parcel of land on a
legally recorded deed filed among the Land Records of Calvert County.
OT,CORNER—Lotabuttingtwoormorestreetsattheirintersections,where
L
the interior angle of the intersection does not exceed 135°.
LOT, DOUBLE-FRONTAGE — An interior lot fronting on two streets.

OT LINES — The lines bounding a lot, provided any street lines shall be
L
considered lot lines for the purposes of this chapter.

OT, WIDTH OF — The width of a lot measured at the minimum building
L
restriction line.

ASSAGE PARLOR ESTABLISHMENT — An establishment PRIMARILY
M
OFFERING MASSAGES ARE PROVIDED FOR PAY BY A MASSAGE
THERAPIST DULY LICENSED ORCERTIFIEDBYTHESTATEOFMARYLAND.
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
theStateofMaryland.Thisdefinitiondoesnotincludeanathleticclub,health
club,school,gymnasium,reducingsalon,spa,orsimilarestablishmentwhere
massage or similar manipulation of the human body is offered as an
incidental or accessory service.

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T

OTEL,HOTEL,orMOTORHOTEL—Abuildinginwhichlodgingorboarding
M
isprovidedformorethan15persons,primarilytransient,orwithmorethan10
guest rooms, offered to the general public at a daily rate. Ingress to and
egressfromallroomsismadethroughaninsidelobbyorofficesupervisedby
a person in charge at all hours. As such, it is open to the public, in
contradistinction to a THIS DOES NOT INCLUDE boarding, rooming, or
lodginghouseHOUSES,oranapartmenthouse,timeshareFACILITYfacilities
or condominium units. A hotel mayincluderestaurants,taverns,clubrooms,
public banquet halls, ballrooms, and meeting rooms.

ATUREPRESERVE—LANDMANAGEDSOLELYFORTHECONSERVATIONOF
N
NATURAL RESOURCES AND WILDLIFE HABITAT. USES ARE LIMITED TO
PASSIVE RECREATION SUCH AS HIKING, PHOTOGRAPHY, AND NATURE
STUDY.MOTORIZEDVEHICLEUSEANDTHEDISCHARGINGOFFIREARMSARE
PROHIBITED, EXCEPT FOR LIMITED MANAGEMENT PURPOSESAUTHORIZED
BY THE STATE. THIS DOES NOT INCLUDE SHOOTING RANGES.
IGHTCLUBS— ABUSINESSWHOSEPRIMARYBUSINESSISTHEPROVISION
N
OF LIVE OR RECORDED ENTERTAINMENT, MUSIC, OR DANCING FACILITIES
FOR PATRONS.

ARKINGAREA—ANYPUBLICORPRIVATEAREA,UNDEROROUTSIDEOFA
P
BUILDING OR STRUCTURE, DESIGNED AND USED FOR PARKING MOTOR
VEHICLES,INCLUDINGPARKINGLOTS,GARAGES,PRIVATEDRIVEWAYS,AND
LEGALLY DESIGNATED AREAS OF PUBLIC STREETS.
ARKING SPACE — An unobstructed space or area other than a street or alley
P
that is permanently reserved and maintained for the parking of one motor
vehicle.

RIVATE CLUB — AN ESTABLISHMENT, BUILDING, FACILITY, OR GROUNDS
P
OWNEDOROPERATEDBYANON-PROFITCORPORATION,ASSOCIATION,OR
GROUP OF PERSONS FOR SOCIAL, FRATERNAL, RELIGIOUS, POLITICAL,
CIVIC, OR RECREATIONAL PURPOSES. THE FACILITY MUST BE OPERATED
PRIMARILYFORTHEBENEFITOFITSMEMBERSANDTHEIRGUESTSANDNOT
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.

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RIVATEPARK—OPENSPACE,INCLUDINGANYNATURALORPAVEDTRAILS,
P
SCENIC VIEWING AREAS, PARKING FACILITIES, FORESTRY ACTIVITIES, TOT
LOTS, TEMPORARY OR OCCASIONAL TENT CAMPING, A CARETAKER
RESIDENCE, BATHHOUSES, OPEN-AIR PAVILIONS, AND PRIVATE OFFICES
FOR THE OPERATION OF THE PRIVATE PARK.

AF
T

ECREATIONAL CAMPS AND COTTAGES — AN AREA OF LAND OR WATER
R
ON WHICH ACCOMMODATIONS FOR TEMPORARY OCCUPANCY ARE
LOCATED OR MAY BE PLACED, INCLUDING CABINS, TENTS, BOATS,
RECREATIONAL VEHICLES, COTTAGES, OR SUMMER HOMES, AND WHICHIS
PRIMARILY USED FOR RECREATIONAL, EDUCATIONAL, OR VACATION
PURPOSES AND RETAINS AN OPEN-AIR OR NATURAL CHARACTER.

EPAIR GARAGE OR BODY SHOP — A FACILITY WHERE MOTOR-DRIVEN
R
VEHICLES ARE DIAGNOSED, EQUIPPED FOR OPERATION, REPAIRED, OR
KEPT FOR REMUNERATION. THIS INCLUDES ALL MECHANICAL REPAIR,
BODYWORK,ANDPAINTINGOFMOTORVEHICLES,BUTDOESNOTINCLUDE
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.

ESIDENTIAL CAREFACILITY—ALICENSEDCAREFACILITYTHATPROVIDES
R
24-HOUR MEDICAL OR NON-MEDICAL CARE TO PERSONS IN NEED OF
PERSONAL SERVICES, SUPERVISION, PROTECTION, OR ASSISTANCE
ESSENTIAL FORSUSTAININGTHEACTIVITIESOFDAILYLIVING.RESIDENTIAL
CARE FACILITIES INCLUDE NURSING HOMES, ORPHANAGES, INDEPENDENT
LIVING, ASSISTED LIVING, CONTINUUM OF CARE, AND HOSPICE FACILITIES.

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T

ESTAURANT, CLASS I — A BUSINESS WHERE FOOD AND BEVERAGES ARE
R
PREPARED FOR AND SERVED TO PATRONS FOR CONSUMPTION PRIMARILY
ON-PREMISES IN A READY-TO-CONSUME STATE. PATRONS ARE
CUSTOMARILY PROVIDED WITH MENUS AND ARE SERVED THEIR FOOD OR
BEVERAGES BY A RESTAURANT EMPLOYEE AT THE SAME TABLE OR
COUNTERATWHICHTHEFOODISCONSUMED. Includesfast-foodrestaurants.
This is a type of restaurant, other than a bakery, bakeshop, candy, or icecream
store, which provides as a principal use the sale of foods and beverages in a
ready-to-consume state, for consumptionoffofthepremises.Theserestaurants
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.

ESTAURANT, CLASS II — A BUSINESS WHERE FOOD AND BEVERAGES
R
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.Thistypeoffoodserviceestablishmenthasasasubstantial
portion of its business the carryout of foods for immediate consumption.
Thesetypesofrestaurantsmaynothavebars,dancing,liveentertainment,or
drive-in, drive-through service windows. The 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 forconsumptiongenerally
are not prepackaged but are made to specific order. A limited number of
prepackaged items may besoldbutonlyasaccessorytotheprincipaluseof
service of food for immediate consumption. These restaurants also include
restaurantsthatmaybeconsideredfoodservicemarts.Afoodservicemartis
an establishmentwhoseprincipalpurposeisthesaleoffooditemsforhome
consumption, either prepared on the premises or prepackaged. Thesetypes
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.

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T

ESTAURANT, CLASS III — A BUSINESS WHERE FOOD AND BEVERAGES
R
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. This type of restaurant is an establishment whose
principal business is the sale of food or beverages to the customer in a
ready-to-consumestate.Carryoutgoodsmayconstitutenomorethan10%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
withmenusandareservedtheirfoodorbeveragesbyarestaurantemployee
at the same table or counter at which the food is consumed.
OOMER,BOARDERorLODGER—Apersonoccupyinganyroomorgroupof
R
rooms forming a single habitable unit usedorintendedtobeusedforliving
and sleeping, but not for cooking or eating purposes, and paying
compensation to an owner or operator for lodging or board and lodging by
prearrangement for a week or more at a time. Any person occupying such
room or rooms and paying such compensation without prearrangement or
forlessthanaweekatatimeshallbeclassedforpurposesofthischapternot
asaroomer,boarder,orlodger,butasaguestofacommercialestablishment
(motel, hotel, tourist home).

OOMING, BOARDING-, OR LODGING HOUSE — A building or part of a
R
building (other than institutional building) occupied or intended to be
occupied by three or more roomers, boarders, or lodgers.

CHOOL — A PUBLIC, PRIVATE, OR PAROCHIAL INSTITUTION OFFERING
S
INSTRUCTION AT THE ELEMENTARY THROUGH HIGH SCHOOL LEVELS
WITH A FULL RANGE OF CURRICULAR PROGRAMS.
SIGN — SEE §290-22
LOT MACHINE
S
— AS DEFINED IN MARYLAND CRIMINAL LAW ARTICLE
§12-301 OF THE CRIMINAL LAW ARTICLE OF THE ANNOTATED CODE OF
MARYLAND. FOR THE PURPOSES OF THIS ZONING ORDINANCE, AN
AUTHORIZED ELECTRONIC INSTANT BINGO MACHINE SHALL NOT BE
CONSIDERED A SLOT MACHINE.

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MOKE AND VAPE SHOPS — ANY RETAIL OR SERVICE ESTABLISHMENT
S
THATDEVOTESFIVEPERCENT(5%)ORMOREOFITSGROSSFLOORAREA
OR VISIBLE DISPLAY SPACE TO THE SALE OF ELECTRONIC CIGARETTES,
TOBACCO PRODUCTS, OR SMOKING PARAPHERNALIA, OR ANY
ESTABLISHMENTTHATALLOWSVAPINGORSMOKINGONTHEPREMISES.
THIS DOES NOT INCLUDE A LICENSED CANNABIS DISPENSARY.

AF
T

OLAR ENERGY SYSTEM, COMMERCIAL — A SOLAR ENERGY SYSTEM
S
(SES) IS A DEVICE OR STRUCTURAL COMPONENT, OR GROUP OF
COMPONENTS, DESIGNED TO COLLECT, STORE, AND/OR DISTRIBUTE
SOLARENERGYFORELECTRICITYGENERATION,HEATING,ORCOOLING.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.
TREET—Apublicorprivatewayusedorintendedtobeusedforpassageor
S
travelbyautomotivevehicles.Ifprivate,suchwaymustbeusedorintendedto
beusedastheprincipalmeansofaccesstoanabuttinglotorlotsortomore
than two dwellings on a lot on which a private way is exclusively used.

TREET LINE — The dividing line between the street and the lot. The street
S
line shall be the same as the legal right-of-way line, provided that where a
futureright-of-waywidthforastreethasbeenofficiallyestablished,thestreet
line shall be the side of the future right-of-way so established.

TRUCTURE — A man- or machine-made combination of materials
S
assembled, constructed, or erected at a fixed location, the use of which
requireslocationonthegroundorattachmenttosomethinghavinglocation
on the ground. The word "structure" shall include any part thereof.
ASTINGROOM — ANON-SITETASTINGROOMFORTHERETAILSALEOF
T
BEVERAGESFORONANDOFF-PREMISESCONSUMPTION.THEBEVERAGE
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 9LICENSE,
RESPECTIVELY, UNDER THE ALCOHOLIC BEVERAGES AND CANNABIS
ARTICLE OFSTATE CODE.

hisDRAFTsection is drafted as amendments to 290-43. Terms Defined.
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ATTOO OR BODY ART ESTABLISHMENTS — AN ESTABLISHMENT
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WHEREIN DESIGNS, LETTERS, FIGURES, BODY PIERCING, OR OTHER
MARKS ARE PLACED UPON THE SKIN OF ANY PERSON, USING INK OR
OTHER SUBSTANCES THAT RESULTINTHEPERMANENTCOLORATIONOR
PIERCING OF THE SKIN BY MEANS OF USE OF NEEDLES OR OTHER
INSTRUMENTS DESIGNED TO CONTACT OR PUNCTURE THE SKIN.

AF
T

AVERN — A BUSINESS WHERE BEVERAGES ARE PREPARED FOR AND
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SERVEDTOCUSTOMERSFORCONSUMPTIONPRIMARILYON-PREMISES.IF
FOOD IS SOLD, THE SALE OF FOOD IS INCIDENTAL AND SECONDARYTO
THE SALE OF ALCOHOL.
HEATER, DRIVE-IN MOVIE — AN OPEN LOT OR AREA AND FACILITIES,
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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.

IMESHARE FACILITIES — ANY REAL PROPERTY, BUILDING, OR PORTION
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THEREOFTHATINCLUDESANYFACILITYINWHICHTHEEXCLUSIVERIGHTOF
OCCUPANCY OF A UNIT CIRCULATES AMONG VARIOUS PURCHASERS OR
OWNERS OF THE TIME-SHARES IN ACCORDANCE WITH A FIXED OR
FLOATING TIME SCHEDULE ON A PERIODICALLY RECURRING BASIS.

OURIST HOME or SHORT-TERM RENTAL — A residential building, that is
T
rentedcommerciallyinwholeorinpart,oraseparatedwellingunitaccessory
to such a building that is rented commercially, in which paying guests are
provided, with or without prearrangement, overnight accommodations ona
short-term basis for commercial compensation, of a period offewerthan30
days.
OBILE HOME — Any vehicle or similar portable structure withanyorallof
M
the following characteristics:
(2) Manufactured as a relocatable dwellingunitintendedforyear-round
occupancyandwithnoneedforapermanentfoundation,whichcan
bemovedupontheremovaloftie-downsandsurroundingdecksand
the reattachment of tow bar axles and wheels.
(3) Designedtobetransportedaftermanufactureonitsownpermanent
chassis,withafixedorremovabletowbar,andcanbemovedwithout

hisDRAFTsection is drafted as amendments to 290-43. Terms Defined.
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the use of regular house-moving equipment.
(4) Designed to be installed as a single-wide or double-wide unit with
only incidental unpacking and assembling operations.
ABITABLE TRAVEL TRAILER (TRAILER) — A vehicular, portable structure
H
designed to be used as a temporary dwelling for travel, camping and
recreationalpurposes.Suchunitsshallnotincludemobilehomes.Suchunits
shall not be used as permanent dwellings.

AF
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SE, ACCESSORY — Use of a building, lot or portions thereof, which is
U
customarily incidental and subordinate to the principal use of the main
building or lot.
ALLS, FACING — Walls opposite to and parallel with one another and wall
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lines extended of opposite walls intersecting at angles of less than 65°.
YARD —

II. F
RONT — The required open space, the full width of the lot, extending
from the street line to the nearest building on the lot, exclusive of
overhanging eaves, gutters, or cornices.
III. SIDE — The required open space betweenasidelotlineofalotandthe
nearest point of the building and extending from the front yard to the
rear yard.

IV. REAR—Therequiredopenspace,thefullwidthofthelot,extendingfrom
the rear property line of the lot to the nearest building on the lot,
exclusive of overhanging eaves, gutters, or cornices.

hisDRAFTsection is drafted as amendments to 290-43. Terms Defined.
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