Town Code & Ordinances Ordinance — Ordinance-21-07

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, :

NOTE: S'tFi*€+hreugh*€nt deleted text Bold, italicized text = added text