Town Code & Ordinances Ordinance — Ordinance-21-07

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ORDINANCE NO. 2I-07
Introduced by: Alton Hardee, Jr., Commissioner
AN ORDTNANCE OF THE TOWN OF QUEENSTOWI\ TO AMEND
SECTION 8 OF THE QUEENSTOWN ZONTNG ORDTNANCE TO
INCLUDE SPECIFIC DEFINITIONS AND TO AMEND SECTION 67 OF
THE QUEENSTOWII ZONING ORDINANCE TO PERMIT THE
STORAGE AND PARKING OF ONE RECREATIONAL VEHICLE AND
EQUIPMENT PROVIDED CERTAIN SETBACK AND
SIZE
REQUIREMENTS ARE MET
WHEREAS, pursuant to Md. Code Ann. Local Govemment $ 5-213, the Commissioners
of Queenstown have the authority to adopt regulations concerning zoning; and
WHEREAS, Md. Code Ann. Land Use Article S 4-202 authorizes municipalities to adopt
zoning regulations as it determines are in the public health, safety and welfare; and
WHEREAS, the Queenstown Planning Commission has recommended that certain
changes be made to the Queenstown Zoning Ordinance, specifically-to permit the parking or
storage of not more than one recreational vehicle and one piece of recreational equipment or a
utility trailer which may not exceed 35 feet in length, provided that they are atleast 3 feet from the
property line, and in the case ofside yard storage, are also situated at least l0 feet to the rear ofa
lateral projection of the front foundation of the building; and
WHEREAS, on September 1, 202l,the Queenstown Planning Commission considered the
text proposed in Ordinance No. 2l-07 and made a favorable recommendation to the Queenstown
commissioners to approve the text contained in ordinance No. 2l-07: and
WHEREAS, on-Lln)-J1--,2021, the Queenstown Commissioners held a public
hearing on Ordinance No. 2l-07 and have determined that it is desirable and in the public interest
to make certain amendments to the Zoning Ordinance as recommended by the
Queenstown
Planning Commission.
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF
QUEENSTOWN AS FOLLOWS:
Section 1. Article II, Section 8 of Queenstown Zoning Ordinance is hereby amended to
include the following definitions:
RECREATIONAL EQUIPMENT - Boats and boat trailers, personal watercraft, and watercraft
trailers (e.9., a jet ski), pick-up campers or coaches (designated to be mounted on motor

vehicles), motorized dwelling, tent trailers, racing, and recreational cars and/or motorcycles not
licensedfor use on public streets and highways, and similar devices or structares, and cases or
boxes used fo r tran spo rtin g recre ational equipment.
aTILITY TRAILER - A non-motorized vehicle that is designed to be towed by a vehicle and is
used to transport materials, goods or equipment.
Section 2. Article VII, Section 67 of Queenstown Zoning Ordinance is hereby amended
as follows:
$ 67. Accessory uses regulations.
A.
General regulations.
The general regulations of this subsection apply to all accessory uses and structures unless
otherwise expressly stated.
1. Accessory uses and structures are permitted in connection with lawfully established
principal uses.
2. The Planning Commission is authorized to determine when a use, building or structure
meets the criteria of an accessory use or accessory structure. In order to classifu a use or
structure as "accessory" the Planning Commission must determine that the use or structure:
a.
is subordinate and clearly incidental to the principal structure or principal use served in
terms of area and function;
b.
provides a necessary function for or contributes to the comfort, safety or convenience
ofoccupants ofthe principal use; and
c.
is customarily found in association with the subject principal use or principal structure.
Time of Construction and Establishment
a.
Accessory uses may be established only after the principal use of the property is in
place.
b.
Accessory buildings may be established in conjunction with or after the principal
building. They may not be established before the principal building is in place.
B. Accessory uses in residential districts and the TC Town Center District shall be permitted as
follows:

1. Accessory utility buildings of one hundred fifty (150) square feet or less as accessory
structures may be located in the side or rear yards.
2.
Private garage.
a J. The keeping of small animals, insects, reptiles, fish or birds (not poultry), but only for
personal enjoyment or household use and not as a business.
4. Private swimming pools and game courts, lighted or unlighted, for use of occupants and
their guests in a single family dwelling.
5. Community recreational facilities, such as swimming pools, basketball courts and tennis
courts, reserved for the use of on-site residents and their quests. Such facilities may be
located within neighborhoods and communities with an organized community association
responsible for maintenance.
6.
Accessory off-street parking, open or enclosed space, for one (1) commercial vehicle of
not more than 15,000 pounds gross vehicle weight and used by the occupant of a dwelling
shall be permitted as an accessory use.
7.
Storage of crab pots, fish nets and other waterman's apparatus.
C. Storage and parking of recreational vehicles, recreational equipment, and utitity trailers, not
port of an approved commercial use, sabject to the following:
1. Not more than one (1) recreational vehicle and one (1) piece of either recreational
equipment or a utility trailer mny be parked or stored in the rear or side yard of any lot
in a residential zoning district, provided that they are at least three (3) feet from the
property line, and in the case of side yard storage, provided that they are at least three
(3)feetfrom the property line and are situated at least ten (10)feet to the rear of a lateral
projection of thefrontfoundation of the building. The recreational vehicle, recreational
equipment, or utility trailer may not exceed 35 feet in length. For this provision, one
piece of recreational equipment is equal to a single non-motor vehicle with no more than
one (1) watercraft, personal watercraft, or specialty prop-crafts. Two personal watercraft
(e.g., jet skis) on a single watercraft trailer may be treated as a single piece of recreational
equipment.
2.
Recreational vehicles, recreational equipment, and utitity trailers may not be parked
or stored in a required front yard. However, one recreational vehicle, one piece of
recreational equipment, or one utility trailer may be parked in thefront yard if:

a.
setback at least three (3) feet from any side lot line,
b.
located on a driveway, and
c.
does not intrude into the public right-of-v,ay or obstruct a sidewalk.
J.
The Planning Commission may approve alternative parking or storage anangements
if it Jinds there is no reasonable access to the building side yards or resr yards
because of topography or other physical conditions on the site. However, not more
than one recreational or utility vehicle parking shall be permitted in the front
setback.
4. Storage or parking of recreational vehicles, recreational equipment, or utility trailer
in or on the public right-of-way is prohibited.
5.
Recreational vehicles, recreational equipment, and utility trailers stored or parked in
residential zoning districts must be owned by the oh,ner or occupant of the subject
propert!.
6. All recreational vehicles, recreational equipment, and utility trailers, intended for
highway use, must be properly licensed and readyfor highway use.
7. No recreational vehicle, equipment, or utility trailer may have its wheels removed or
be afftxed to the ground to prevent immediate removal.
8. No parked or stored recreational vehicle, recreational equipment, or utility trailer
may be usedfor living, sleeping, or business purposes.
9.
Such vehicles may be stored in a specially marhed parking areafor residents only in
a multi-family rental or condominium unit development. Such areas must be
screenedfrom adjacent off-site uses as required by the Planning Commission.
3.
Section Unless specifically amended as set forth above, all other provisions of the
Queenstown ZoningOrdinance shall remain unchanged.
Section 4. If any section, subsection, sentence, clause or phrase of this Ordinance is,
for any reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Town Commissioners of Queenstown hereby declare
that they would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
ORDAINED. APPROVED. A Town Commissioners for the Town of
this lFh
Queenstown on oayof

TOWN COMMISSIONERS FOR THE
TOW-N OF QUEENSTOWN:
z/*.w'
4,.'
Alton Hardee, Jr., President
B. Willis, Jr., Comm
Aaron Horney, T,
:
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