Town Code & Ordinances Code — 2022-09-09

QUEENSTOWN ZONING ORDINANCE

Adopted by Ordinance 18-04 November 28, 2018 Revised September 9, 2022

TABLE OF CONTENTS

ARTICLE I. GENERAL PROVISIONS .................................................................................................. 7

§ 1. Title. ...................................................................................................................................................... 7 § 2. Authority. .............................................................................................................................................. 7 § 3. Applicability. ........................................................................................................................................ 7

§ 4. Purpose. ................................................................................................................................................. 7 § 5. Jurisdiction. ........................................................................................................................................... 9 § 6. Severability. .......................................................................................................................................... 9

§ 7. Reserved. ............................................................................................................................................... 9

ARTICLE II. BASIC DEFINITIONS AND INTERPRETATIONS ................................................ 10

§ 8. Definitions and word usage................................................................................................................. 10

ARTICLE III. ADMINISTRATIVE MECHANISMS ......................................................................... 43

Part I. Planning Commission. ................................................................................................................. 43

§ 9. Creation. .............................................................................................................................................. 43 § 10. Composition; appointment; terms; vacancies; compensation. .......................................................... 43 § 11. Rules for transaction of business. ..................................................................................................... 43

§ 12. Powers and duties. ............................................................................................................................ 44 § 13. Public hearings; method of adoption. ............................................................................................... 44 § 14. Duties of Commission. ...................................................................................................................... 44

§ 15. Reserved. ........................................................................................................................................... 44

ARTICLE IV. DISTRICTS AND DISTRICT MAP ............................................................................. 45

Part I. Zoning Districts. ............................................................................................................................ 45

§ 16. Districts Established. ......................................................................................................................... 45 § 17. Purpose of Districts. .......................................................................................................................... 45 § 18. Special Districts. ............................................................................................................................... 49

§ 19. Official Zoning Maps. ....................................................................................................................... 50 § 20. Replacement of Official Zoning Maps. ............................................................................................. 51 § 21. Periodic review of regulations and map. ........................................................................................... 51

§ 22. Interpretation of district boundaries. ................................................................................................. 52 § 23. Regulation of areas under water. ....................................................................................................... 52

Part II. Planned Development (PD) Floating Zones ............................................................................. 54

§ 24. Planned Neighborhood Floating Zone District. ................................................................................ 54 § 25. Planned Regional Commercial Floating Zone. ................................................................................. 61 § 26. Procedure for Planned Development (PD) Approval. ....................................................................... 63

Part III. CA Critical Area Overlay District ........................................................................................... 73

§ 27. Implementation of the Critical Area Program Purpose and Goals. ................................................... 73 i Queenstown Zoning Ordinance Adopted pursuant to Ordinance 18-04, November 28, 2018 § 28. Intensely Developed Areas. .............................................................................................................. 77 § 29. Limited Development Areas. ............................................................................................................ 79

§ 30. Resource Conservation Areas. .......................................................................................................... 83 § 31. Land Use and Density. ...................................................................................................................... 84 § 32. Supplemental Use Standards. ............................................................................................................ 87

§ 33. Growth Allocation. ........................................................................................................................... 91 § 34. Grandfathering. ................................................................................................................................. 95 § 35. Variances........................................................................................................................................... 97

§ 36. Lot Consolidation and Reconfiguration. ......................................................................................... 101 § 37. Amendments. .................................................................................................................................. 102 § 38. Enforcement. ................................................................................................................................... 103

§ 39. The Buffer. ...................................................................................................................................... 107 § 40. Buffer Management Area (BMA) Provisions. ................................................................................ 115 § 41. Other Habitat Protection Areas. ...................................................................................................... 117

§ 42. Part 19. Water Dependent Facilities. .............................................................................................. 119

Part IV. CR Community Redevelopment Overlay District................................................................ 126

§ 43. CR Community Redevelopment Overlay District. ......................................................................... 126 § 43. Reserved. ......................................................................................................................................... 133 § 44. Reserved. ......................................................................................................................................... 133

§ 45. Reserved. ......................................................................................................................................... 133 § 46. Reserved. ......................................................................................................................................... 133

ARTICLE V. GENERAL REGULATIONS ........................................................................................ 134

§ 47. Compliance required. ...................................................................................................................... 134 § 48. Encroachment; reduction of lot area. .............................................................................................. 134 § 49. Use of accessory buildings: construction of main building. ........................................................... 134

§ 50. Availability of copies of other regulations. ..................................................................................... 134

ARTICLE VI. PERMISSIBLE USES ................................................................................................. 135

§ 51. Use of the Designations P, PC, SE and SC in the Table of Permissible Uses. ............................... 135 § 52. Use Categories. ............................................................................................................................... 135 § 53. Unclassified Uses. ........................................................................................................................... 137

§ 54. Residential Use Category. ............................................................................................................... 137 § 55. Public, Civic and Institutional Use Category. ................................................................................. 139 § 56. Commercial Use Category. ............................................................................................................. 142

§ 57. Wholesale, Distribution & Storage Use Category. ......................................................................... 148 § 58. Industrial Use Category. ................................................................................................................. 149 § 59. Recycling Use Category.................................................................................................................. 150

§ 60. Agricultural Use Category. ............................................................................................................. 150 § 61. Other Use Category. ........................................................................................................................ 152 § 62. Accessory use category. .................................................................................................................. 152

§ 63. No More Than One Principal Structure on a Lot. ........................................................................... 152 § 64. Permissible Uses Not Requiring Permits. ....................................................................................... 152 ii Queenstown Zoning Ordinance Adopted pursuant to Ordinance 18-04, November 28, 2018 § 65. Permissible Uses Table. .................................................................................................................. 153

ARTICLE VII. SUPPLEMENTARY USE REGULATIONS ........................................................... 162

§ 66. Accessory Dwelling Unit. ............................................................................................................... 162 § 67. Accessory uses regulations. ............................................................................................................ 164 § 68. Apartment Conversion. ................................................................................................................... 167

§ 69. Assisted Living Facilities, Group Home. ........................................................................................ 167 § 70. Assisted Living Facilities, Institutional. ......................................................................................... 168 § 71. Bed and Breakfast Establishments. ................................................................................................. 169

§ 72. Child or Elderly Day Care Center. .................................................................................................. 170 § 73. Religious Assembly. ....................................................................................................................... 171 § 74. Essential Services and Public Utilities. ........................................................................................... 171

§ 75. Home Occupation. .......................................................................................................................... 171 § 76. Small Wind Energy System. ........................................................................................................... 174 § 77. Solar Energy Equipment. ................................................................................................................ 176

§ 78. Standards Applicable to the RC Regional Commercial District. .................................................... 177 § 79. Standards Applicable to the “I” Industrial District. ........................................................................ 179 § 80. Standards Applicable to the TC Town Center District. .................................................................. 181 § 81. Temporary Uses. ............................................................................................................................. 182

§ 82. Medical Cannabis Licensed Dispensary. ........................................................................................ 182 § 83. Adaptive Reuse of Historic Structures. ........................................................................................... 183 § 84. Agriculture, Crop Production. ......................................................................................................... 184

§ 85. Outdoor Storage and Display. ......................................................................................................... 184 § 86. Portable Storage Containers. ........................................................................................................... 186 § 87. Medical Cannabis Production and Processing. ............................................................................... 187

§ 88. Communications Facilities, Small Cell Facilities, and Wireless Support Structures. ..................... 187 § 89. Development Standards in QRD Queenstown Resort District........................................................ 201 § 90. Nonresidential use standards in the CS Countryside District. ........................................................ 201

ARTICLE VIII. DENSITY DIMENSIONAL REGULATIONS ........................................................ 202

§ 91. Minimum Lot Size and Residential Density. .................................................................................. 202 § 92. Minimum Lot Widths. .................................................................................................................... 202 § 93. Building Setback Requirements. ..................................................................................................... 203

§ 94. Height, Area and Bulk requirements. .............................................................................................. 203 § 95. Table of Height, Area and Bulk Requirements. .............................................................................. 216

ARTICLE IX. LANDSCAPING AND ENVIRONMENTAL STANDARDS .................................. 222

Part I. Landscape Standards................................................................................................................. 222

§ 96. Required Trees Along Dedicated Streets. ....................................................................................... 222 § 97. Retention and Protection of Large Trees. ....................................................................................... 222 § 98. Plan Requirements for Landscaping and Screening........................................................................ 223

Part II.

Landscaping of Parking Facilities ........................................................................................... 224 iii Queenstown Zoning Ordinance Adopted pursuant to Ordinance 18-04, November 28, 2018 § 99. Intent. .............................................................................................................................................. 224 § 100. Sites Affected. ............................................................................................................................... 224

§ 101. Perimeter Landscaping. ................................................................................................................. 225 § 102. Interior Landscaping for Parking Lots. ......................................................................................... 226

Part III. Bufferyards .............................................................................................................................. 230

§ 103. Purpose. ......................................................................................................................................... 230 § 104. Location of Bufferyards. ............................................................................................................... 230 § 105. Determination of Required Bufferyard. ........................................................................................ 230

§ 106. Responsibility for Bufferyards. ..................................................................................................... 231 § 107. Bufferyard Requirements. ............................................................................................................. 232 § 108. Bufferyard Use. ............................................................................................................................. 232

§ 109. Ownership of Bufferyards. ............................................................................................................ 233

Part IV Environmental

Standards for Sensitive Areas ....................................................................... 233 § 110. Environmental Standards. ............................................................................................................. 233

ARTICLE X. OFF-STREET PARKING AND LOADING ................................................................ 236

§ 111. General Requirements. .................................................................................................................. 236 § 112. Flexibility. ..................................................................................................................................... 236 § 113. Residential Area Limitations. ....................................................................................................... 237

§ 114. Commercial / Industrial Areas. ..................................................................................................... 237 § 115. Lighting. ........................................................................................................................................ 237 § 116. Parking Design Standard. .............................................................................................................. 238

§ 117. Required Parking Spaces. ............................................................................................................. 238 § 118. Multiple Use Parking. ................................................................................................................... 241 § 119. Town Center Waiver. .................................................................................................................... 241

§ 120. Parking Setbacks: In other than residential districts. .................................................................. 242 § 121. Off-Street Loading Spaces. ........................................................................................................... 242

ARTICLE XI. SIGNING AND LIGHTING ....................................................................................... 244

§ 122. Purpose and Intent. ........................................................................................................................ 244 § 123. Signs Regulated. ........................................................................................................................... 244 § 124. Definitions and Interpretation. ...................................................................................................... 244

§ 125. General. .......................................................................................................................................... 250 § 126. Prohibited signs; exceptions. ......................................................................................................... 257 § 127. Signs allowed without building permit. ........................................................................................ 258

§ 128. Standards for signs. ....................................................................................................................... 260 § 129. Sign Illumination. ......................................................................................................................... 262 § 130. Temporary Signs. .......................................................................................................................... 267

§ 131. Limited Duration Signs. ................................................................................................................ 267 § 132. Freestanding Institutional Sign. .................................................................................................... 270 § 133. Banners. ........................................................................................................................................ 271

§ 134. Portable Signs ............................................................................................................................... 271 iv Queenstown Zoning Ordinance Adopted pursuant to Ordinance 18-04, November 28, 2018 § 135. Signs Permitted in the R-1 and R-2 Residential districts. ............................................................. 272 § 136. Signs Permitted in the TC Town Center district. .......................................................................... 274

§ 137. Signs Permitted in the HC Highway Commercial, QRD Queenstown Resort Development, RC Regional Commercial and I Industrial districts. .......................................................................... 277 § 138. Signs Permitted in the CS Queenstown Countryside district. ....................................................... 282 § 139. Signs Permitted in RPC Planned Regional Commercial Floating Zone district. .......................... 282

§ 140. Signs Permitted in PN Planned Neighborhood Floating Zone district. ......................................... 283 § 141. Removal of Unsafe, Unlawful, or Abandoned Signs. ................................................................... 283 § 142. Permits and Applications. ............................................................................................................. 284 § 143. Nonconforming Signs. .................................................................................................................. 285

§ 144. Signs on the Premises of Legally Nonconforming Uses. .............................................................. 286 § 145. Substitution Clause. ...................................................................................................................... 286 § 146. Violations. ..................................................................................................................................... 287

§ 147. Site Lighting Standards. ................................................................................................................ 287

ARTICLE XII. ZONING ADMINISTRATOR AND PERMITS ....................................................... 289

§ 148. Administration and Enforcement. ................................................................................................. 289 § 149. Building Permit Required. ............................................................................................................ 289 § 150. Application for Building Permit. .................................................................................................. 290

§ 151. Expiration of Building Permit. ...................................................................................................... 291 § 152. Occupancy Permits for New or Altered Uses. .............................................................................. 292 § 153. Drawings and plats. ....................................................................................................................... 293

§ 154. Site Plan Review and Approval. ................................................................................................... 293 § 155. Construction and Use. ................................................................................................................... 296 § 156. Reserved ........................................................................................................................................ 296

ARTICLE XIII. VIOLATIONS, ENFORCEMENT AND PENALTIES .......................................... 297

§ 157. Violations. ..................................................................................................................................... 297 § 158. Complaints. ................................................................................................................................... 297 § 159. Penalties. ....................................................................................................................................... 297

§ 160. Critical Area Program Enforcement. ............................................................................................ 297 § 161. Reserved. ....................................................................................................................................... 298

ARTICLE XIV. NON-CONFORMING USES ................................................................................... 299

§ 162. General. ......................................................................................................................................... 299 § 163. Authority to Continue Non-conforming Uses. ............................................................................. 299 § 164. Completion of Non-conforming Uses and Structures. .................................................................. 299

§ 165. Non-Conforming Lots of Record. ................................................................................................. 299 § 166. Non-Conforming Uses of Land..................................................................................................... 300 § 167. Non-Conforming Structures. ......................................................................................................... 300

§ 168. Non-Conforming Uses of Structures. ............................................................................................ 301 § 169. Elimination of Certain Non-Conformities. ................................................................................... 302 § 170. Repairs and Maintenance. ............................................................................................................. 302

§ 171. Uses Under Exception Provisions Not Non-Conforming Uses. ................................................... 302 v Queenstown Zoning Ordinance Adopted pursuant to Ordinance 18-04, November 28, 2018 § 172. Expansions. ................................................................................................................................... 303

ARTICLE XV. BOARD OF APPEALS - APPEALS, VARIANCES, CONDITIONAL USES AND

SPECIAL EXCEPTIONS ...................................................................................................................... 304

Part I. Board Of Appeals ...................................................................................................................... 304

§ 173. Board of Appeals. ......................................................................................................................... 304 § 174. Decisions of the Board of Appeals. .............................................................................................. 305 § 175. Application procedure; appeals; hearing. ...................................................................................... 305

§ 176. Powers and Duties. ........................................................................................................................ 306 § 177. Stay in Proceedings. ...................................................................................................................... 307 § 178. Lapse of special exception or variance. ........................................................................................ 307

§ 179. Amendment of special exception or variance. .............................................................................. 307 § 180. Appeals to courts. .......................................................................................................................... 307

Part II. Variances ................................................................................................................................... 308

§ 181. Variances. ...................................................................................................................................... 308 § 182. Administrative Variances. ............................................................................................................. 309

Part V Special Exceptions ...................................................................................................................... 316

§ 183. Intent. ............................................................................................................................................ 316 § 184. Initiation of Special Exceptions. ................................................................................................... 316 § 185. Application for Special Exception. ............................................................................................... 316

§ 186. Hearing on Application. ................................................................................................................ 316 § 187. Standards. ...................................................................................................................................... 317 § 188. Effect of Denial of a Special Exception. ....................................................................................... 318

§ 189. Complaints. ................................................................................................................................... 318 § 190. Revocation. ................................................................................................................................... 318 § 191. Reserved. ........................................................................................................................................ 319

ARTICLE XVI. ADMINISTRATION ................................................................................................. 320

§ 192. Changes and amendments. ............................................................................................................ 320 § 193. Amendments for Floating Zones. .................................................................................................. 321 § 194. Critical Area Amendments............................................................................................................ 321

§ 195. Conformity with Zoning Chapter Provisions. ............................................................................... 323 § 196. Fees. .............................................................................................................................................. 324 § 197. Interpretation; conflict. ................................................................................................................. 324

APPENDIX A - BASIC INFORMATION REQUIRED WITH ZONING AND BUILDING

PERMIT APPLICATIONS ................................................................................................................... 326

APPENDIX B - BUFFERYARD REQUIREMENTS AND LANDSCAPE GUIDELINES ............. 326

vi Queenstown Zoning Ordinance Adopted pursuant to Ordinance 18-04, November 28, 2018

ARTICLE I. GENERAL PROVISIONS

§ 1. Title.

This Zoning Chapter shall be known as the “Zoning Chapter for Queenstown, Maryland” and may also be referred to at the Zoning Ordinance.

§ 2. Authority.

This Zoning Chapter is enacted under the authority granted by the General Assembly of Maryland, as provided in the Land Use Article, Annotated Code of Maryland, as amended.

§ 3. Applicability.

This Zoning Chapter shall apply to the incorporated territory of Queenstown, Maryland. It is the intent of this Zoning Chapter that the extent of its applicability be automatically changed in accordance with the provisions of State law, which may affect the applicability of this Zoning Chapter.

§ 4. Purpose.

A. This Zoning Chapter is intended to promote the orderly development of the Town of Queenstown, Maryland in accordance with the Queenstown Comprehensive Plan or any of the component parts thereof and in compliance with the Land Use Article, Annotated Code of Maryland, as amended.

B. The purpose of this Zoning Chapter also is to promote the health, safety, order, convenience and general welfare of the citizens of the Town in accordance with present and future needs. It also is the purpose of this Zoning Chapter to provide for efficiency and economy in the process of development; for the appropriate and best use of land; for convenience of traffic and circulation of people and goods; for the appropriate use and

occupancy of buildings; for healthful and convenient distribution of population; for good civic design and arrangement, including the preservation and enhancement of the attractiveness of the community; and for adequate public utilities, public services and facilities by regulating and limiting or determining the height and bulk of buildings and structures, the area of yards and other open spaces and the density of use.

C. An objective of this Zoning Chapter is to implement the "Visions" contained in the Maryland Growth Management, Resource Protection and Economic Development Act, 7 Queenstown Zoning Ordinance As Introduced 10.24.18 namely:

1. A high quality of life is achieved through universal stewardship of the land, water,

and air resulting in sustainable communities and protection of the environment.

2. Citizens are active partners in the planning and implementation of community

initiatives and are sensitive to their responsibilities in achieving community goals.

3. Growth is concentrated in existing population and business centers, growth areas

are adjacent to these centers, or strategically selected new centers.

4. Compact, mixed-use, walkable design consistent with existing community

character and located near available or planned transit options is encouraged to ensure efficient use of land and transportation resources and preservation and enhancement of natural systems, open spaces, recreational areas, and historical, cultural, and archeological resources.

5. Growth Areas have the water resources and infrastructure to accommodate

population and business expansion in an orderly, efficient, and environmentally sustainable manner.

6. A well-maintained, multi-modal transportation system facilitates the safe,

convenient, affordable, and efficient movement of people, goods, and services within and between population and business centers.

7. A range of housing densities, types, and sizes provides residential options for

citizens of all ages and incomes.

8. Economic development and natural resource-based businesses that promote

employment opportunities for all income levels within the capacity of the State’s natural resources, public services, and public facilities are encouraged.

9. Land and water resources, including the Chesapeake Bay, are carefully managed

to restore and maintain healthy air and water, natural systems, and living resources.

10. Waterways, forests, agricultural areas, open space, natural systems, and scenic

areas are conserved.

11. Government, business entities, and residents are responsible for the creation of

8 Queenstown Zoning Ordinance As Introduced 10.24.18 sustainable communities by collaborating to balance efficient growth with resource protection.

12. Strategies, policies, programs, and funding for growth and development, resource

conservation, infrastructure, and transportation are integrated across the local, regional, state, and interstate levels to achieve these visions.

D. The regulations and provisions contained in this Zoning Chapter were adopted and became effective on November 27, 2012.

§ 5. Jurisdiction.

A. Except as provided for in Subsection B below, this Zoning Chapter shall apply to all land, structures and buildings within the corporate limits of the Town of Queenstown, including all submerged lands and water areas.

B. This Zoning Chapter shall not apply to land, structures and buildings owned by or leased solely to the Federal Government, State of Maryland, Queen Anne’s County Commissioners or the Town of Queenstown, provided that such land, structure or building is used for the sole purpose of providing a public service or carrying out a legitimate government function.

§ 6. Severability.

It is hereby declared to be the intention of the Town Commissioners that the sections, paragraphs, sentences, clauses, and phrases of this Zoning Chapter are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or

phrases of this Zoning Chapter since the same would have been enacted without the incorporation into this Zoning Chapter of such unconstitutional or invalid sections, paragraphs, sentences, clauses, or phrases.

§ 7. Reserved.

9 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE II. BASIC DEFINITIONS AND INTERPRETATIONS

§ 8. Definitions and word usage.

A. General rules of construction. The following general rules of construction shall apply to the regulations of this Zoning Chapter:

1. The singular number includes the plural and the singular, unless the context

clearly indicates the contrary.

2. Words used in present tense include the past and future tenses, and the future

tense includes the past and present tenses.

3. The word “shall” is always mandatory. The word “may” is permissive.

4. The word “building” or “structure” includes any part thereof, and the word

“building” includes the word “structure.”

5. Words and terms not defined herein shall be interpreted in accordance with their

normal dictionary meanings and customary usage.

B. Definitions. For the purpose of this Zoning Chapter, certain terms and words are hereby defined:

ABATEMENT - The act of putting an end to a land alteration or development activity or reducing the degree or intensity of the alteration or activity.

ACCESSORY BUILDING - A subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with and, except as otherwise provided in this Zoning Chapter, located on the same lot as the main building or principal use of the land.

ACCESSORY STRUCTURE - a structure that is detached from the principal structure, located on the same lot and clearly incidental and subordinate to a principal structure, or if there is no principal structure on the lot, a structure that is customarily incidental and subordinate to a principal structure.

ACCESSORY USE - One which is clearly incidental to or customarily found in connection with and, except as otherwise provided in this Zoning Chapter is located on the same lot as the principal use of the premise when the term “accessory” is used in this Zoning Chapter, it shall have the same meaning as “accessory use.” ADDITION - A newly constructed area that increases the size of a structure.

10 Queenstown Zoning Ordinance As Introduced 10.24.18 ADMINISTRATOR - Authorized representative designated by the Town Commissioners to carry out duties as specified in this Chapter. In the absence of an appointed Zoning Administrator, these duties are assumed to be the responsibility of either the Town Clerk or his/her designee.

AFFORESTATION - means the establishment of a tree crop on an area from which it has always or very long been absent, or the planting of open areas which are not presently in forest cover.

AGGREGATE AREA OR WIDTH - The sum of two (2) or more designated areas or widths to be measured, limited, or determined under the provisions of this Zoning Chapter.

AGRICULTURE - All methods of production and management of livestock, crops, vegetation, and soil. This includes, but is not limited to, the related activities of tillage, fertilization, pest control, harvesting, and marketing. It also includes, but is not limited to, the activities of feeding, housing, and maintaining of animals such as cattle, dairy cows, sheep, goats, hogs, horses, and poultry and handling their by-products.

AGRICULTURAL EASEMENT- A non-possessory interest in land which restricts the conversion of use of the land, preventing non-agricultural uses.

ALLEY - A narrow public thoroughfare, not exceeding sixteen (16) feet in width, which provides only a secondary means of access to abutting properties and is not intended for general traffic circulation.

ANADROMOUS FISH - Fish that travel upstream (from their primary habitat in the ocean) to freshwater in order to spawn.

ANADROMOUS FISH PROPAGATION WATERS - Those streams that are tributary to the Chesapeake Bay and Atlantic Coastal bays in which the spawning of anadromous species of fish (e.g., rockfish, striped bass, yellow perch, white perch, shad, and river herring) occurs or has occurred. The streams are identified by the Department of Natural Resources.

AQUACULTURE - (a) Farming or culturing of finfish, shellfish, other aquatic plants or animals or both, in lakes, streams, inlets, estuaries, and other natural or artificial water bodies or impoundments; (b) Activities include hatching, cultivating, planting, feeding, raising, and harvesting of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings, and growing areas; and (c) Cultivation methods include, but are not

limited to, seed or larvae development and grow out facilities, fish ponds, shellfish rafts, rack 11 Queenstown Zoning Ordinance As Introduced 10.24.18 and longlines, seaweed floats and the culture of clams and oysters on tidelands and subtidal areas. For the purpose of this definition, related activities such as wholesale and retail sales, processing and product storage facilities are not considered aquacultural practices.

APARTMENT - A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed and used as a residence by an individual or a single family.

APARTMENT HOUSE - Same as “dwelling, multiple family.” ARTERIAL STREET - A street so designated on the Transportation Plan of the Town of Queenstown.

ASSISTED LIVING FACILITY- A residential facility-based program licensed by the State of Maryland that provides housing and supportive services, supervision, personalized assistance, heath-related services or a combination of these services to meet the needs of the residents who are unable to perform, or who need assistance in performing, the activities of daily living or instrumental activities of daily living, in a way that promotes optimum dignity and independence

for the residents. This definition is further defined as follows:

A. Residential Assisted Living Facility - A residential group home or assisted living facility serving eight (8) or less clients/residents.

B. Institutional Assisted Living Facility- A group home or assisted living facility serving eight (8) clients/residents or more.

BASEMENT - That portion of a building between the floor and the ceiling, which is wholly or partly below grade and having more than one-half (1/2) of its height below grade.

BED AND BREAKFAST ESTABLISHMENT - An owner-occupied or manager-occupied structure where for compensation and only by prearrangement (transients only) for definite periods, lodging and breakfast are provided.

BEST MANAGEMENT PRACTICES (BMPS) - Conservation practices or systems of practices and management measures that control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics and sediment. Agricultural BMPs include, but are not limited to, strip cropping, terracing, contour stripping, grass waterways, animal waste structures, ponds, minimal tillage, grass and naturally vegetated filter strips, and proper nutrient application

measures.

12 Queenstown Zoning Ordinance As Introduced 10.24.18 BLOCK FACE - One side of a street between two consecutive intersections.

BOARD - The Board of Appeals of the Town of Queenstown, Maryland.

BOARDING HOUSE - Same as “rooming house.” BOUTIQUE SHOP - A small shop where fashionable, expensive clothes and or a special selection of other articles are sold.

BUFFER - Area that is immediately landward from mean high water of tidal waterways, the edge of each bank of a tributary stream, or the landward edge of a tidal wetland; and the area is characterized by, or established in, natural vegetation for the purpose of protecting aquatic, wetlands, shoreline, and terrestrial environments from man-made disturbance. The Buffer includes an area of at least 100-feet, even if that area was previously disturbed by human activity

or is currently developed and also includes any expansion for contiguous sensitive areas, such as a steep slope, hydric soil, highly erodible soil, nontidal wetland, or a Nontidal Wetland of Special State Concern as defined in the COMAR 26.23.01.01.

BUFFERYARD – In the Critical area, an area at least 25 feet wide, located between development activity and tidal waters, tidal wetlands, or a tributary stream, planted with vegetation consisting of native canopy trees, understory trees, shrubs, and perennial herbaceous plants that is used in Buffer Management Areas to provide water quality and habitat benefits.

This area is to be managed and maintained in a manner that optimizes these benefits.

BUFFER MANAGEMENT AREA (BMA) - An area officially mapped by Queenstown and approved by the Critical Area Commission as a MBA, where it has been sufficiently demonstrated that the existing pattern of residential, industrial, commercial, institutional, or recreational development prevents the Buffer from fulfilling its water quality and habitat functions, and where development in accordance with specific MBA provisions can be permitted

in the Buffer without a variance.

BUFFER MANAGEMENT PLAN - A major Buffer Management Plan, a minor Buffer Management Plan, and a simplified Buffer Management Plan.

BUILDABLE AREA - The area of that part of a lot not included within the yards or open spaces herein required.

BUILDABLE WIDTH - The width of that part of a lot not included within the open spaces herein required.

13 Queenstown Zoning Ordinance As Introduced 10.24.18 BUILDING - Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.

BUILDING, COMPLETELY ENCLOSED - Any building having no outside openings other than ordinary doors, windows and ventilators.

BUILDING, HEIGHT OF - The vertical distance from the grade to the highest point of the coping of a flat roof or to the deckline or highest point of the coping or parapet of a mansard roof or to the mean height level between eaves and ridge for gable, hip, shed, and gambrel roofs.

When the highest wall of a building with a shed roof is within thirty (30) feet of a street, the “height of such building” shall be measured to the highest point of the coping or parapet.

BULK - Describes the size and shape of a building or structure and its relationship to the other buildings, to the lot area for a building and to open spaces and yards.

BUSINESS DISTRICT- See “district, commercial.” BUSINESS SERVICE - Services rendered to a business establishment or individual on a fee or contract basis including actuarial, advertising, credit reporting, janitorial, office or business equipment rental or leasing, photofinishing, telecommunications, blueprinting, and photocopying, and other such services.

CALIPER - The diameter of a tree measured at two inches above the root collar.

CANOPY - A detachable, rooflike cover supported from the ground or from the deck, floor or walls of a building for protection from sun or weather.

CANOPY TREE - means a tree that when mature commonly reaches a height of at least 35 feet.

CHILD CARE CENTER - A place for the care of children under twelve (12) years of age away from their own homes who stay less than twenty-four (24) hours in a day regardless of compensation.

CLEARCUTTING - The removal of the entire stand of trees in one cutting with tree reproduction obtained by natural seeding from adjacent stands or from trees that were cut from advanced regeneration or stump sprouts or from planting of seeds or seedlings by man.

CLINIC- A building or portion thereof designed for, constructed or under construction or alteration for or used by two (2) or more physicians, surgeons, dentists, psychiatrists, psychotherapists, or practitioners in related specialties or a combination of persons in these 14 Queenstown Zoning Ordinance As Introduced 10.24.18 professions, but not including lodging of patients overnight.

CLUB, PRIVATE - Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit.

CLUSTER DEVELOPMENT - A residential development in which dwelling units are concentrated in a selected area or selected areas of the development tract so as to provide natural habitat or other open space uses on the remainder.

COLONIAL NESTING WATER BIRDS - Herons, egrets, terns, and glossy ibis. For the purposes of nesting, these birds congregate (that is "colonize") in relatively few areas, at which time, the regional populations of these species are highly susceptible to local disturbances.

COMAR - The Code of Maryland Regulations, as from time to time amended, including any successor provisions.

COMMERCIAL AMUSEMENT AND RECREATIONAL - An establishment which provides entertainment, recreation, or amusement for profit including commercial establishments which house more than three (3) or a combination of three (3) of the following: video games, pinball machines, pool tables or similar amusements as the principal purpose of the use.

COMMERCIAL APARTMENT - A dwelling unit located above the first floor of a commercial building.

COMMERCIAL HARVESTING - A commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain.

COMMERCIAL VEHICLE - Any motor vehicle, one (1) ton or greater rated capacity, every trailer or semi-trailer designed and used for carrying freight or merchandise in the furtherance of any commercial enterprise; a motor vehicle that is designed to carry more than 10 passengers used to carry people, including vehicles registered as school buses; or any other motor vehicle that is designed and used to carry people for compensation other than taxicabs.

COMMISSION (CAC) - The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

COMMISSIONERS – The Town Commissioners of Queenstown, Maryland.

15 Queenstown Zoning Ordinance As Introduced 10.24.18 COMMUNITY PIERS - Boat docking facilities associated with subdivisions or similar residential areas, and with condominium, apartment and other multiple family dwelling units.

Private piers are excluded from this definition.

COMPREHENSIVE PLAN - A compilation of policy statements, goals, standards, maps and pertinent data relative to the past, present and future trends of the local jurisdiction including, but not limited to, its population, housing, economics, social patterns, land uses, water resources and their use, transportation facilities and public facilities prepared by or for the planning board, agency or office.

CONSERVATION EASEMENT - A non-possessory interest in land which restricts the manner in which the land may be developed in an effort to reserve natural resources for future use.

CONSOLIDATION - A combination of any legal parcel of land or recorded legally buildable lot into fewer lots or parcels than originally existed. Consolidation includes a lot line abandonment, a boundary line adjustment, a replatting request, and a lot line adjustment.

CONSTRUCTION SERVICES - The performance of work by, or furnishing of supplies to, members of building trades including building contractors, carpentry, wood flooring services, electrical services, energy systems services and products, general contracting, masonry, stonework, tile setting, and plastering, plumbing, heating and air conditioning services, roofing and sheet metal services, and other such services.

CONVALESCENT HOME - A building where regular nursing care is provided for more than one (1) person not a member of the family who resides on the premises.

CONVENIENCE STORE - An establishment which sells packaged and/or prepared foods and beverages and other convenience items for consumption off the premises by travelers and highway users. Sales of items are dependent upon convenience of location, speed of service, and highway accessibility and are not dependent upon comparison shopping or pedestrian traffic within the site or on adjoining sites. It is designed to attract a large volume of stop and go traffic.

COURT - An open space which may or may not have direct street access and around which is arranged a single building or a group of related buildings.

CRITICAL AREA - All lands and waters defined in §8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:

A. All waters of and lands under the Chesapeake Bay and Atlantic Coastal Bays and their tributaries to the head of tide;

16 Queenstown Zoning Ordinance As Introduced 10.24.18 B. All State and private wetlands designated under Title 16 of the Natural Resources Article, Annotated Code of Maryland;

C. All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 16 of the Natural Resources Article, Annotated Code of Maryland; and D. Modification to these areas through inclusions or exclusions proposed by local jurisdictions and approved by the Commission as specified in §8-1807 of the Natural Resources Article, Annotated Code of Maryland.

CRITICAL AREA COMMISSION - The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.

DENSITY - The number of dwelling units per acre within a defined and measurable area.

DEVELOPED WOODLANDS - An area of trees or of trees and natural vegetation that is interspersed with residential, commercial, industrial or recreational development.

DEVELOPER - A person who undertakes development activity as defined in this Chapter; or a person who undertakes development activity as defined in the Criteria of the Commission.

DEVELOPMENT - Any activity that materially affects the condition or use of dry land, land under water, or any structure.

DEVELOPMENT ACTIVITIES - Human activity that results in disturbance to land, natural vegetation, or a structure. Includes the construction or substantial alteration of residential, commercial, industrial, institutional or transportation facilities or structures.

DEVELOPMENT ENVELOPE - Includes an individually owned lot, the lot coverage on that individually owned lot, a road, a utility, a stormwater management measure, an onsite sewage disposal measure, any area subject to human use such as an active recreation area, any required buffers, and any additional acreage necessary to meet the requirements of the Program.

DISTRICT - Any section of Queenstown in which the zoning regulations are uniform.

DISTURBANCE - An alteration or change to the land. It includes any amount of clearing, grading, or construction activity. Disturbance does not include gardening or maintaining an 17 Queenstown Zoning Ordinance As Introduced 10.24.18 existing grass lawn.

DOCUMENTED BREEDING BIRD AREAS - Forested areas where the occurrence of interior dwelling birds, during the breeding season, has been demonstrated as a result of on-site surveys using standard biological survey techniques.

DOG KENNEL, COMMERCIAL - The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding or treatment purposes, except in an animal hospital, dog beauty parlor or pet shop, as permitted by these regulations, or the keeping of five (5) or more dogs, six (6) months or older, for any purpose.

DRIVE-IN FACILITY - A facility designed or operated to conduct services directly to the occupants of motor vehicles.

DRIVE-IN RESTAURANT - Any place or establishment merchandising or dispensing food or drink at which the customer is served:

A. While sitting in an automobile or other motor vehicle, or B. Through an interior or exterior sales window, counter or serving area, and in which a substantial part of the food or drink merchandised and dispensed has been prepared and packaged so as to facilitate its consumption outside the structure in which the food or drink is dispensed.

DWELLING - A building or portion thereof designed or used exclusively for residential occupancy but not including trailers, mobile homes, hotels, motels, motor lodges, boarding and lodging houses, tourist courts, or tourist homes.

DWELLING, ONE-FAMILY - A dwelling containing not more than one (1) dwelling unit. An accessory apartment, if approved as a conditional use, may also be a part of a one-family dwelling. A one-family dwelling with either of these subordinate uses is not a two-family dwelling, as defined in this section.

DWELLING, TWO- FAMILY - A dwelling containing not more than two (2) dwelling units arranged one above the other or side by side. Also defined as a semi-detached dwelling.

DWELLING, MULTIPLE- FAMILY - A dwelling containing three (3) or more multiple-family dwelling units, which may or may not share a common entrance. Also defined as attached dwellings.

18 Queenstown Zoning Ordinance As Introduced 10.24.18 DWELLING UNIT - A single unit providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life. Dwelling unit includes living quarters for a domestic or other employee or tenant, an in-law or accessory apartment, a guest house, or a

caretaker residence.

ECOSYSTEM - A more or less self-contained biological community together with the physical environment in which the community's organisms occur.

ENDANGERED SPECIES - Any species of fish, wildlife, or plants that have been designated as endangered by regulation by the Secretary of the Department of Natural Resources. Designation occurs when the continued existence of these species as viable components of the State’s resources are determined to be in jeopardy. This includes any species determined to be an “endangered” species pursuant to the Federal Endangered Species Act, 16 U.S.C. §et seq., as

amended.

ESSENTIAL SERVICES - The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, communication, supply or disposal systems;

including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, towers, electric substations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories that are reasonably necessary to furnish utility services or for the public health, safety, or general welfare.

ESTABLISHMENT (BUFFER) - The planting or regeneration of native vegetation throughout the Buffer. The creation of a vegetated area or planted area that provides vegetative cover throughout the Buffer.

EXCESS STORMWATER RUN-OFF - All increases in stormwater resulting from:

A. An increase in the imperviousness or lot coverage of the site, including all additions to buildings, roads, and parking lots;

B. Changes in permeability caused by compaction during construction or modifications in contours, including the filling or drainage of small depression areas;

C. Alteration of drainageways, or regrading of slopes;

D. Destruction of forest; or 19 Queenstown Zoning Ordinance As Introduced 10.24.18 E. Installation of collection systems to intercept street flows or to replace swales or other drainageways.

FAMILY - An individual or two or more persons who are related by blood or marriage living together and occupying a single dwelling unit with single culinary facilities, or a group of not more than four persons living together by joint agreement and occupying a single dwelling unit with single culinary facilities on a non-profit, cost-sharing basis. Domestic employees residing on the premises shall be considered as part of the family.

FILLING STATION - Any building, structure or land used for the sale, at retail, of motor vehicle fuels, lubricants or accessories or for the servicing of automobiles or repairing of minor parts and accessories in a completely enclosed facility, but not including major repair work such as motor replacement, body and fender repair, or spray painting.

FINANCIAL ASSURANCE - A performance bond, letter of credit, cash deposit, insurance policy, or other instrument of security acceptable to the Town.

FISHERIES ACTIVITIES - Commercial water dependent fisheries facilities including structures for the parking, processing, canning, or freezing of finfish, crustaceans, mollusks, and amphibians and reptiles and also including related activities such as wholesale and retail sales product storage facilities, crab shedding, off-loading docks, shellfish culture operations, and shore-based facilities necessary for aquacultural operations.

FLOOR AREA –

A. For commercial, business and industrial buildings or buildings containing mixed uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior walls or from the center line of walls separating two (2) buildings, but not including attic space providing headroom of less than seven (7) feet, basement space not used for retailing, uncovered steps or fire escapes, accessory water towers or cooling

towers, accessory off-street parking spaces and accessory off-street loading spaces.

B. For residential buildings, the sum of the gross horizontal areas of the several floors of the dwelling, exclusive of garages, basements and open porches, measured from the tie exterior faces of the exterior walls FOOD SERVICE ESTABLISHMENT - Any commercial or nonprofit business engaged in the preparation and sale of food or beverages, whether or not it is the principal business of the establishment. The following types of uses are food service establishments: bakery, bake shop,

20 Queenstown Zoning Ordinance As Introduced 10.24.18 candy store, catering establishment, convenience store, cooking school, ice cream store, restaurant and supermarket.

FOREST - A biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater. Forest includes areas that have at least 100 trees per acre with at least 50% of those trees having two-inch or greater diameter at 4.5 feet above the ground and forest areas that have been cut, but not cleared. Forest does not include orchards.

FOREST INTERIOR DWELLING BIRDS - Species of birds which require relatively large forested tracts in order to breed successfully (for example, various species of flycatchers, warblers, vireos, and woodpeckers).

FOREST MANAGEMENT - The protection, manipulation, and utilization of the forest to provide multiple benefits, such as timber harvesting, water transpiration, wildlife habitat, etc.

FOREST PRACTICE - alteration of the forest either through tree removal or replacement in order to improve the timber, wildlife, recreational, or water quality values.

FRONTAGE, LOT - The distance for which the front boundary line of the lot and the street line are coincident.

FULLY ESTABLISHED - The Buffer contains as much diverse, native vegetation as necessary to support a firm and stable riparian habitat capable of self-sustaining growth and regeneration.

GARAGE, PRIVATE - A garage used for storage purposes only and having a capacity of not more than four (4) automobiles or not more than two (2) automobiles per family housed in the building to which the garage is accessory, whichever is the greater. Space therein may be used for not more than one (1) commercial vehicle not more than one-ton capacity, and space may be rented for not more than two (2) vehicles to persons other than occupants of the buildings to

which such garage is accessory.

GENERAL MERCHANDISE - Any retail trade use characterized by the sale of bulky items, outside display or storage of merchandise or equipment, such as farm and garden supplies, lumber and building materials, marine equipment sales, and service, and stone monument sales with incidental processing to order, but not including the shaping of headstones.

GRADE - Grade elevation shall be determined by averaging the elevations of the finished ground at all the corners and/or other principal points in the perimeter wall of the building.

GRANDFATHERED PARCEL” OR “GRANDFATHERED LOT” - A parcel of land located in 21 Queenstown Zoning Ordinance As Introduced 10.24.18 the Critical Area that was created or a lot located in the Critical Area created through the subdivision process and recorded as a legally buildable lot prior to December 1, 1985.

GROUP HOME - A place, home, or institution which is licensed to provide board, shelter, and personal services to not more than eight (8) persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial, or social differences. (Examples of such persons include but shall not be limited to the mentally retarded, physically handicapped, alcoholics, elderly, drug-dependent, and juveniles under the

jurisdiction of the courts, the Department of Social Services, or the Department of Juvenile Justice.) Group homes shall not include public or private schools organized and operated under Maryland laws, persons related by blood or marriage within the third degree to the custodial person, or to the churches or other religious or other private institutional caring for such persons within the building while parents or other custodial persons are attending services, activities, or

meetings.

GROWTH ALLOCATION - The number of acres of land in the Critical Area that the Town may use, or is allocated to a municipal jurisdictions to use, to create new Intensely Developed Areas and new Limited Development Areas. The Growth Allocation is five percent of the total Resource Conservation Area acreage in the County and Town at the time the Critical Area Commission approved the Town’s original Critical Area Program, not including tidal wetlands

or land owned by the federal government.

GUEST HOUSE - Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

HEALTH SERVICES - The provision of medical, dental, or surgical, or other health services to individuals, including medical out-patient clinics, medical laboratories, dental clinics, dental laboratories, hospital supplies, and opticians.

HABITAT PROTECTION AREA – The 100-foot Buffer, nontidal wetlands, Federal and State threatened and endangered species, species designated by the State as in need of conservation, plant and wildlife protection areas designated by the State, and anadromous fish propagation waters.

HABITAT PROTECTION PLAN - A plan that provides for the protection and conservation of the species and habitats identified as Habitat Protection Areas in the Critical Area. The plan shall be specific to the site or area where the species or its habitat is located and shall address all 22 Queenstown Zoning Ordinance As Introduced 10.24.18 aspects of a proposed development activity that may affect the continued presence of the species.

These include, but are not limited to, cutting, clearing, alterations of natural hydrology, and increases in lot coverage. In developing the Plan, an applicant shall coordinate with the Department of Natural Resources to ensure that the Plan is adequate to provide for long-term conservation and can be effectively implemented on the specific site.

HAZARDOUS TREE - A tree with a structural defect, such as a crack, canker, weak branch union, decay, dead wood, root damage, or root disease, that decreases the structural integrity of the tree and which, because of its location, is likely to fall and cause personal injury or property damage, including acceleration of soil erosion. Or based on its location in the landscape, a healthy tree that, with continued normal growth, will damage an existing permanent structure or

significantly increase the likelihood of soil erosion. Hazardous tree does not include a tree for which the likelihood of personal injury, property damage, or soil erosion can reasonably be eliminated or significantly diminished with routine and proper arboricultural practices, such as regular watering, application of fertilizer or mulch, and pruning, or by relocation of property that is likely to be damaged.

HIGHLY ERODIBLE SOILS - Those soils with a slope greater than 15 percent; or those soils with a K value greater than .35 and with slopes greater than 5 percent.

HISTORIC WATERFOWL STAGING AND CONCENTRATION AREA - An area of open water and adjacent marshes where waterfowl gather during migration and throughout the winter season. These areas are historic in the sense that their location is common knowledge and because these areas have been used regularly during recent times.

HOME OCCUPATION - Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on by a member of a family residing on the premises and in connection with which there is no display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic or parking demand or other exterior indication of the home occupation or variation from the residential character of the

building and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare.

HOSPITALS - A building or group of buildings having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans and which may include related facilities, central service facilities and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be in integral part of the hospital operations.

23 Queenstown Zoning Ordinance As Introduced 10.24.18 HOTEL - A building in which lodging or boarding are provided for more than 15 persons, primarily transient, or with more than ten (10) guest rooms, offered to the public for compensation. Ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public, in

contradistinction to a boarding, rooming, or lodging house, or an apartment house, which are herein separately defined. A hotel may include restaurants, taverns, club rooms, public banquet halls, ballrooms, and meeting rooms.

HOUSING FOR THE ELDERLY - A building or buildings containing dwelling units and related service facilities for elderly persons and which is subject to management or other legal restrictions that require the units in the project to be occupied by households of persons aged sixty two (62) or over. Occupancy is restricted as provided in the Conditional Use Article. The use may also include facilities for such occasional services to residents as meal preparation and

service, day care, personal care, nursing, or therapy, or any service to the elderly population of the community that is an ancillary part of one of the above operations.

HYDRIC SOILS - Soils that are wet frequently enough to periodically produce anaerobic conditions, thereby influencing the species composition of growth, or both, of plants on those soils.

HYDROPHYTIC VEGETATION - Those plants cited in "Vascular Plant Species Occurring in Maryland Wetlands" (Dawson, F. et al., 1985) which are described as growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (plants typically found in water habitats).

IMMEDIATE FAMILY - A father, mother, son, daughter, grandfather, grandmother, grandson, or granddaughter.

INFILL - The development of vacant, abandoned, passed over or underutilized land within builtup areas of the Town.

IN-KIND REPLACEMENT - The removal of a structure and the construction of another structure that is smaller than or identical to the original structure in use, footprint, area, width, and length INSTITUTIONAL USE - A use that provides a public service and is operated by a Federal, State or local government, public or private utility, public or private school or college, tax-exempt organization, and/or a place of religious assembly. Examples include: public agency, public

safety and emergency services, essential and utility services, cultural, service and religious 24 Queenstown Zoning Ordinance As Introduced 10.24.18 facilities, public/private health facilities or other similar uses.

INTENSELY DEVELOPED AREA - An area of at least 20 acres or the entire upland portion of the critical area within a municipal corporation, whichever is less, where: residential, commercial, institutional, or industrial developed land uses predominate; and a relatively small amount of natural habitat occurs. These areas include: an area with a housing density of at least four dwelling units per acre; an area with public water and sewer systems with a housing density

of more than three dwelling units per acre.

INVASIVE SPECIES – A species that is non-native or alien to the ecosystem under consideration whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

JUNK - Dilapidated automobiles, trucks, tractors, and other such vehicles and parts thereof;

dilapidated wagons, trailers, and other kinds of vehicles and parts thereof: scrap building materials, scrap contractor’s equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, rags, machinery, paper, excelsior, hair mattresses, beds or bedding, or any other kind of scrap or waste material which is stored, kept, handled or displayed.

K VALUE - The soil erodibility factor in the Universal Soil Loss Equation. It is a quantitative value that is experimentally determined.

LAND CLEARING - Any activity that removes the vegetative ground cover.

LANDFORMS - Feature of the earth's surface created by natural causes.

LANDWARD EDGE - The limit of a site feature that is furthest away from a tidal water, tidal wetland, or a tributary stream.

LARGE SHRUB - A shrub that, when mature, reaches a height of at least six feet.

LAUNDROMAT - A business that provides washing, drying and/or ironing machines or dry cleaning machines for hire to be used by customers on the premises.

LEGALLY DEVELOPED - All physical improvements to a property that existed before Critical Area Commission approval of a local Program, or were properly permitted in accordance with the provisions of the local Program in effect at the time of construction.

LIMITED DEVELOPMENT AREA - An area with a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre; with a public water or sewer system; that is 25 Queenstown Zoning Ordinance As Introduced 10.24.18 not dominated by agricultural land, wetland, forests, barren land, surface water, or open space; or that is less than 20 acres and otherwise qualifies as an intensely developed area under the

definition in this Article.

LIMIT OF DISTURBANCE- the area of a development or redevelopment activity that includes temporary disturbance and permanent disturbance.

LIVING SHORELINE - A suite of stabilization and erosion control measures that preserve the natural shoreline and are designed to minimize shoreline erosion, maintain coastal process, and provide aquatic habitat. Measures must include marsh plantings and may include the use of sills, sand containment structures, breakwaters, or other natural components.

LOADING SPACE - A space within the main building or on the same lot providing for standing, loading or unloading of trucks, having a minimum of five hundred forty (540) square feet, a minimum width of twelve (12) feet, a minimum depth of thirty-five (35) feet and a vertical clearance of at least fourteen and five-tenths (14.5) feet.

LOCAL SIGNIFICANCE - Development of a minor scale which causes environmental or economic consequences that are largely confined to the immediate area of the parcel of land on which it is located; does not substantially affect the Critical Area Program of the Town; and is not considered to be major development as defined in this chapter.

LODGING HOUSING - Same as “rooming house.” LOT - A parcel of land which include one (1) or more planted lots, occupied or intended for occupancy by a use permitted in this Zoning Chapter, including one (1) main building, together with its accessory buildings and the yard areas and parking spaces required by this Zoning Chapter, and having its principal frontage upon a street or upon an officially approved place.

LOT COVERAGE - The percentage of a total lot or parcel that is: occupied by a structure, accessory structure, parking area, driveway, walkway, or roadway; or covered with a paver, walkway gravel, stone, shell, impermeable decking, permeable pavement, or other any manmade material. Lot coverage includes the ground area covered or occupied by a stairway or impermeable deck, but does not include: a fence or wall that is less than one foot in width that

has not been constructed with a footer; a walkway in the Buffer or expanded Buffer, including a stairway, that provides direct access to a community or private pier; a wood mulch pathway; or a deck with gaps to allow water to pass freely.

LOT AREA - The total horizontal area within the lot lines of the lot.

26 Queenstown Zoning Ordinance As Introduced 10.24.18 LOT, CORNER - A lot abutting upon two (2) or more streets at their intersection.

LOT, DEPTH OF - The average horizontal distance between the front and rear lot lines.

LOT, INTERIOR - A lot other than a corner lot.

LOT LINE - The boundary line of a lot.

LOT, THROUGH (DOUBLE FRONTAGE) - A lot having a frontage on two (2) approximately parallel streets or places.

LOT, WIDTH - The horizontal distance between the side lot lines measured at the required front yard line.

MAJOR STREET OR HIGHWAY - A street or highway so designated on the Major Thoroughfare Plan of Queenstown.

MARINA – Any facility for the mooring, berthing, storing, or securing of watercraft, but not including community piers and other non-commercial boat docking and storage facilities. A place for docking pleasure boats or providing services to pleasure boats and the occupants thereof, including minor servicing and repair to boats while in the water, sale of fuel and supplies and provision of lodging, food, beverages and entertainment as accessory uses. A yacht club

shall be considered as a “marina,” but a hotel, motel or similar use where docking of boats and provision of services thereto is incidental to other activities shall not be considered a “marina,” nor shall boat docks accessory to a multiple dwelling where no boating-related services are rendered.

MAJOR DEVELOPMENT - Development of a scale that may cause State-wide, regional, or inter-jurisdictional, environmental or economic effects in the Critical Area, or which may cause substantial impacts on the Critical Area Program of a local jurisdiction. This development includes, but is not limited to, airports, power plants, wastewater treatment plants, highways, regional utility transmission facilities, prisons, hospitals, public housing projects, public beaches,

and intensely developed park and recreation facilities.

MASSAGE PARLOR - An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the State of Maryland. This definition does not include an athletic club,

health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or 27 Queenstown Zoning Ordinance As Introduced 10.24.18 similar manipulation of the human body is offered as an incidental or accessory service.

MEAN HIGH WATER LINE (MHWL) - The average level of high tides at a given location.

MEDICAL CANNABIS – Any product containing usable cannabis or medical cannabis finished product.

MEDICAL CANNABIS LICENSED DISPENSARY – An entity licensed by the Maryland Medical Cannabis Commission that acquires, posses, repackages, processes, transfers, transports, sells, distributes, or dispenses, products containing medical cannabis, related supplies, related products including tinctures, aerosols, oils or ointments, or educational materials for use by a qualifying patient or caregiver.

MEDICAL CANNABIS LICENSED GROWER – An entity licensed by the Maryland Medical Cannabis Commission to grow medical cannabis.

MEDICAL CANNABIS PROCESSOR – An entity licensed by the Maryland Medical Cannabis Commission that:

A. Transforms the medical cannabis into another product or extract; and B. Packages and labels medical cannabis.

MITIGATION - An action taken to compensate for adverse impacts to the environment resulting from development, development activity, or a change in land use or intensity.

MOBILE HOME OR TRAILER - Any vehicle, covered or uncovered, used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings, and which is, has been or reasonably may be equipped with wheels or other devices for transporting the vehicle from place to place, whether by motive power or other means. The term “trailer” shall include camp car and house car and any vehicle or similar

portable structure with any or all of the following characteristics:

A. Manufactured as a re-locatable dwelling unit intended or year-round occupancy with no need for a permanent foundation, which can be moved upon the removal of tie-downs and surrounding decks and the reattachment of tow bar, axles, and wheels.

B. Designed to be transported after manufacture on its own permanent chassis, with a fixed or removable tow bar, and can be moved without the use of regular house-moving equipment.

28 Queenstown Zoning Ordinance As Introduced 10.24.18 C. Designed to be installed as a single-wide or double-wide unit with only incidental unpacking and assembling operations.

MODULAR OR MANUFACTURED HOME - A structure intended for residential use and manufactured off-site in accord with the BOCA Basic Building Code.

MOTEL or MOTOR LODGE - A building or buildings in which lodging or boarding and lodging are provided and offered to the public for compensation; same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress and egress to rooms need not be through a lobby or office, and parking usually is adjacent to the rooms.

NATIVE PLANT - A species that is indigenous to the physiographic area in Maryland where the planting is proposed.

NATURAL FEATURES - Components and processes present in or produced by nature, including, but not limited to, soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, flood plains, aquatic life, and wildlife.

NATURAL FOREST VEGETATION - Vegetation consisting of canopy trees, understory trees, shrubs, and herbaceous plants that are typically found in riparian areas in the State of Maryland.

Areas of natural forest vegetation planted to meet the mitigation requirements in this Chapter shall resemble the structure and species composition of natural forests.

NATURAL HERITAGE AREA - Any communities of plants or animals which are considered to be among the best Statewide examples of their kind, and are designated by regulation by the Secretary of the Department of Natural Resources.

NATURAL REGENERATION - The natural establishment of trees and other vegetation with at least 400 free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

NATURAL VEGETATION - Those plant communities that develop in the absence of human activities.

NATURE-DOMINATED - A condition where landforms or biological communities, or both, have developed by natural processes in the absence of human activities.

NEIGHBORHOOD ESSENTIAL SERVICES - Any public utility facility needed to provide basic services such as water, sewer, telephone, and cable television to the individual users.

29 Queenstown Zoning Ordinance As Introduced 10.24.18 NEW DEVELOPMENT - That for purposes of implementing specific provisions of this Chapter, new developments (as opposed to redevelopment) means a development activity that takes place on a property with pre-development imperviousness (in IDA) or lot coverage (LDA and RCA) of less than 15 percent as of December 1, 1985.

NET TRACT ACRE – Remaining parcel size after subtracting out wetlands (tidal and nontidal) and any existing utility and street right of ways.

NONCOMFORMATIES –

A. Nonconforming lots - A validly recorded lot which at the time it was recorded fully complied with all applicable laws and ordinances but which does not fully comply with the lot requirements of this Zoning Chapter concerning minimum density, area, and dimension.

B. Nonconforming Structures - A structure or building, not including signs, which lawfully existed on the effective date of this Zoning Chapter but which do not comply with one or more of the development standards for the district in which it is located.

C. Nonconforming Use - A use or activity that was lawful prior to the effective date of this Zoning Chapter but fails to comply with the present requirements of the Zoning Chapter.

NON-POINT SOURCE POLLUTION - Pollution generated by diffuse land use activities rather than from an identifiable or discrete facility. It is conveyed to waterways through natural processes, such as rainfall, storm runoff, or groundwater seepage rather than by deliberate discharge. Non-point source pollution is not generally corrected by "end-of-pipe" treatment, but rather by changes in land management practices.

NON-RENEWABLE RESOURCES - Resources that are not naturally regenerated or renewed.

NON-TIDAL WETLANDS - Those areas regulated under Subtitle 9 of the Environment Article that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. The determination of whether an area is a nontidal wetland shall be

made in accordance with the publication known as the “Federal Manual for Identifying and Delineating Jurisdictional Wetlands,” published in 1989 and as may be amended. Nontidal wetlands do not include tidal wetlands regulated under Title 16 of the Environment Article of the Annotated Code of Maryland.

30 Queenstown Zoning Ordinance As Introduced 10.24.18 NURSING HOME - Same as “convalescent home.” OFFSETS - Structures or actions that compensate for undesirable impacts.

OPEN SPACE - Land and water areas retained in an essentially undeveloped state. Open space may include, but not be limited to, buffers and bufferyards, lawns, decorative planting, walkways, active and passive recreation areas, children's playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not include driveways, parking lots or other vehicular surfaces, any area occupied by a building, nor areas so located or so small or so

circumscribed by buildings, driveways, parking lots, or drainage areas, as to have no substantial value for the purpose stated in this definition.

PALUSTRINE - All non-tidal wetlands dominated by trees, shrubs, persistent emergent plants, or emergent mosses or lichens and all such wetlands that occur in tidal areas where the salinity due to ocean-derived salts is below one-half part per 1,000 parts of water.

PARKING LOT ISLAND - An interior landscaping feature surrounded on all sides by driving and/or parking surfaces.

PARKING LOT PENINSULA - An interior landscaping feature attached on only one side to perimeter landscaping, buildings, etc., and surrounded on all other sides by areas designated for parking and related movement of vehicles.

PARKING SPACE OFF-STREET - An all-weather surfaced area not in a street or alley and having an area of not less than two-hundred (200) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) vehicle and connected with a street or alley by a paved driveway that affords ingress and egress for an automobile without requiring another automobile to be moved.

PERMANENT DISTURBANCE - A material, enduring change in the topography, landscape, or structure that occurs as part of a development or redevelopment activity. “Permanent disturbance” includes construction or installation of any material that will result in lot coverage, construction of a deck, except under §B (18-2)(b)(iii) of this regulation, grading, and except under §B (18-2)(b)(ii) of this regulation, clearing of a tree, forest, or developed woodland.

Permanent disturbance does not include a septic system on a lot created before local program approval if the septic system is located in existing grass or clearing is not required.

PERSON - An individual, partnership, corporation, contractor, property owner, or any other 31 Queenstown Zoning Ordinance As Introduced 10.24.18 person or entity.

PERSONAL SERVICES - Clothing alteration, interior decorating, watch/jewelry repair, catering, photo studios, shoe repair, travel agent, formal wear/rental barbershops and beauty salons and the like.

PHYSIOGRAPHIC FEATURES - The soils, topography, land slope and aspect, and local climate that influence the form and species composition of plant communities.

PIER - Any pier, wharf, dock, walkway, bulkhead, breakwater, piles or other similar structure.

Pier does not include any structure on pilings or stilts that was originally constructed beyond the landward boundaries of State or private wetlands. NOTE: Critical Area definition PORT - A facility or area established or designated by the State or local jurisdictions for purposes of waterborne commerce.

PLACE - An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

PLANNED UNIT DEVELOPMENT (PUD) - A development comprised of a combination of land uses or varying intensities of the same land use in accordance with the Zoning Chapter.

PLANT HABITAT - A community of plants commonly identifiable by the composition of its vegetation and its physiographic characteristics.

PREMISES - A lot, together with all buildings and structures thereon.

PRINCIPAL STRUCTURE - The primary or predominant structure on any lot or parcel. For residential parcels or lots, the principal structure is the primary dwelling.

PRIVATE HARVESTING - The cutting and removal of trees for personal use.

PROFESSIONAL SERVICES - The service by members of any profession including but not limited to accountants, architects, chiropractors, doctors, lawyers, dentist, engineers, optometrists, osteopaths, or social workers.

PROGRAM AMENDMENT - Any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a Program refinement.

PROGRAM REFINEMENT - Any change or proposed change to an adopted program that the 32 Queenstown Zoning Ordinance As Introduced 10.24.18 Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area or Atlantic Coastal Bays Critical Area in a manner consistent with the adopted Program, or that will not significantly affect the use of land or water in the Critical

Area. Program refinement may include:

A. A change to an adopted Program that results from State law;

B. A change to an adopted Program that affects local processes and procedures;

C. A change to a local ordinance or code that clarifies an existing provision; and D. A minor change to an element of an adopted Program that is clearly consistent with the provisions of State Critical Area law and all the Criteria of the Commission.

PROJECT APPROVALS - The approval of development, other than development by the State or local government, in the Chesapeake Bay Critical Area by the appropriate local approval authority. The term includes approval of subdivision plats and site plans; inclusion of areas within floating zones; issuance of variances, special exceptions, and conditional use permits; and issuance of zoning permits. The term does not include building permits.

PROPERTY OWNER - A person holding title to a property or two or more persons holding title to a property under any form of joint ownership.

PUBLIC UTILITY (LAND USE) - Generating plants, electrical substations, above ground electrical transmission lines, water reservoirs, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

PUBLIC WATER-ORIENTED RECREATION - Shore-dependent recreation facilities or activities provided by public agencies that are available to the general public.

RECLAMATION - The reasonable rehabilitation of disturbed land for useful purposes, and the protection of the natural resources of adjacent areas, including water bodies.

RECONFIGURATION - A change of the configuration of an existing lot or parcel line of any legal parcel of land or recorded legally buildable lot. Reconfiguration includes a lot line adjustment, a boundary line adjustment, and a replatting request.

RECREATIONAL EQUIPMENT - Boats and boat trailers, personal watercraft, and watercraft trailers (e.g., 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 33 Queenstown Zoning Ordinance As Introduced 10.24.18 licensed for use on public streets and highways, and similar devices or structures, and cases or

boxes used for transporting recreational equipment.

RECREATIONAL VEHICLE - A vehicle used exclusively for noncommercial purposes that is primarily designed for recreational, camping, or travel use, such as a camper or motor home.

REDEVELOPMENT - The process of developing land which is or has been developed. For purposes of implementing specific provisions of this Chapter, redevelopment (as opposed to new development) means a development activity that takes place on property with pre-development imperviousness (in IDA) or lot coverage (in LDA and RCA) of 15 percent or greater.

REFORESTATION - The establishment of a forest through artificial reproduction or natural regeneration.

REGISTERED CHILD CARE HOME - A home-based facility for the care of six or fewer children operating under the requirements of appropriate State and local agencies for child care.

REGULATIONS - The whole body of regulations, text, charts, tables, diagrams, maps, notations, references, and symbols contained or referred to in this Zoning Chapter.

RENTAL UNIT - A dwelling unit intended for rental to transients on a day-to-day or week-toweek basis but not intended for use as a permanent dwelling and not including culinary facilities.

RENEWABLE RESOURCE - A resource that can renew or replace itself and, therefore, with proper management, can be harvested indefinitely.

RESOURCE CONSERVATION AREA - An area that is characterized by nature dominated environments, such as wetlands, surface water, forests, and open space; and resource–based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource conservation areas include areas with a housing density of less than one dwelling per five acres.

RESOURCE UTILIZATION ACTIVITIES - Any and all activities associated with the utilization of natural resources such as agriculture, forestry, surface mining, aquaculture, and fisheries activities.

RESTAURANT - An establishment whose principal business is the sale of foods or beverages to the customer in a ready-to-consume state, and whose method of operation includes one or both of the following characteristics:

A. Customers, normally provided with an individual menu, are served their foods or 34 Queenstown Zoning Ordinance As Introduced 10.24.18 beverages by a restaurant employee at the same table or counter to which the items are consumed.

B. A cafeteria-type operation where foods or beverages are consumed within the restaurant building.

For purposes of this Chapter, restaurants are further classified as follows A. Restaurant, standard-A food serving establishment whose principal business is the sale of food and the principal method of operation is its service when ordered from a menu to seated customers at a table, booth or counter inside the establishment. A snack bar or refreshment stand at a public or nonprofit community swimming pool, playground or

park, operated solely for the convenience of its patrons shall not be considered a restaurant.

B. Restaurant, fast food-an establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and wrapped or presented so that it can readily be eaten outside or inside the premises.

C. Restaurant, drive-in or drive-thru-any establishment where ready-to-eat food primarily intended for immediate consumption is available upon a short waiting time and packaged or presented so that it can be readily eaten inside the premises and whose method of operation is also to serve customers in motor vehicles either at a drive-thru window or while parked.

RESTORATION - The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.

RETAIL STORES - Business establishments dealing in commodities which tend to be purchased on a comparison basis, including, but not limited to, apparel and accessories, automobile supplies, business equipment, sales and service, china and glassware, commercial art, communications equipment sales and service, draperies, fabrics, and re-upholstery, floor covers, furniture, grocery, hardware, home appliances and furnishings, luggage and leather goods,

musical instruments and supplies, paint and wall covers, party supplies, photographic equipment sales and service, radios, records and tapes, second-hand merchandise, sporting goods, television and stereo sales and service, and toys and games. Retail stores shall also include specialty shops, including but not limited to, book stores, candle shops, cosmetic shops, florist shops, gift shops, hobby and craft supply shops, import shops, jewelry shops, souvenir shops, stationery shops,

tack shops, and tobacco shops.

35 Queenstown Zoning Ordinance As Introduced 10.24.18 RESTORATION - The act of returning a site or area to an original state or any action that reestablishes all or a portion of the ecological structure and functions of a site or area.

RIPARIAN HABITAT - A habitat that is strongly influenced by water and which occurs adjacent to streams, shorelines, and wetlands.

ROAD - a public thoroughfare under the jurisdiction of the State, a county, a municipal corporation, or any other public body. Road does not include a drive aisle or a driveway.

ROOMING HOUSE - A building where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided for three (3) or more persons, but containing no more than five (5) guest rooms or rental units.

SEASONALLY FLOODED WATER REGIME - A condition where surface water is present for extended periods, especially early in the growing season, and when surface water is absent, the water table is often near the land surface.

SELECTION - The removal of single, scattered, mature trees or other trees from uneven-aged stands by frequent and periodic cutting operations.

SERVANTS' QUARTERS - Living quarters within a portion of a main building or in an accessory building located on the same lot with the main building used for servants employed on the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

SERVICE STORE – Business establishments including, but not limited to, blueprinting, printing, duplicating engraving, laundry and dry cleaning establishments, self-service laundry, barber shop, beauty shop, tailor shop, opticians, shoe repair, other personal service facilities, lawn mower sales and repair, locksmith, watch and clock repair, upholstery shop, electrical services, plumbing services, mechanical services and other similar service facilities.

SIGN - For definitions pertaining to signs, see Article XI.

SHORE EROSION PROTECTION WORKS - Those structures or measures constructed or installed to prevent or minimize erosion of the shoreline in the Critical Area.

SIGNIFICANTLY ERODING AREAS - Areas that erode two feet or more per year.

36 Queenstown Zoning Ordinance As Introduced 10.24.18 SMALL POWER PRODUCTION OR COGENERATION FACILITIES - Commercial facilities that convert sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal (CST) devices, or various experimental solar technologies, with the primary purpose of wholesale or retail sales of generated electricity.

SMALL SHRUB - A shrub that, when mature, reaches a height no greater than six feet.

SMALL WIND ENERGY SYSTEM - A single-towered wind energy system that is used to generate electricity; has a rated nameplate capacity of 50 kilowatts or less; and has a total height of 150 feet or less.

SOIL CONSERVATION AND WATER QUALITY PLANS - Land-use plans for farms that show farmers how to make the best possible use of their soil and water resources while protecting and conserving those resources for the future. It is a document containing a map and related plans that indicate:

A. How the landowner plans to treat a farm unit;

B. Which best management practices the landowners plans to install to treat undesirable conditions; and C. The schedule for applying those Best Management Practices.

SOLAR ENERGY EQUIPMENT - Items including panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations used for or intended to be used for collection of solar energy in connection with a building on residential or commercial property. Solar energy equipment and its use is accessory to the principal use of the property.

SPECIES IN NEED OF CONSERVATION - Those fish and wildlife whose continued existence as part of the State's resources are in question and which may be designated by regulation by the Secretary of Natural Resources as in need of conservation pursuant to the requirements of Natural Resources Article §§ 10-2A-06 and 4-2A-03, Annotated Code of Maryland.

SPOIL PILE - The overburden and reject materials as piled or deposited during surface mining.

STABLE, PRIVATE - An accessory building, not related to the ordinary operation of a farm, for the housing of not more than four (4) horses or mules owned by a person or persons living on the premises and which horses or mules are not for hire or sale.

STABLE, PUBLIC - Any stable for the housing of horses or mules, operated for remuneration, 37 Queenstown Zoning Ordinance As Introduced 10.24.18 hire, sale or stabling, or any stable, not related to the ordinary operation of a farm, with a capacity for more than four (4) horses or mules, whether or not such stable is operated for remuneration, hire, sale, or stabling.

STEEP SLOPES - Slopes of 15 percent or greater incline.

STORY - That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor next above it, then the space between such floor and the ceiling next above it.

STORY,HALF - A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half story containing independent apartments for living quarters shall be counted as a full story.

STREET - A public or private thoroughfare which affords the principal means of access to abutting property.

STREET LINE - A dividing line separating a lot, tract, or parcel of land and a contiguous street.

STRUCTURAL ALTERATIONS - Any change in the supporting members of a building, such as footings, bearing walls, or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, except such repair as may be required for the safety of the building.

STRUCTURE - Building or construction materials, or a combination of those materials, that are purposely assembled or joined together on or over land or water. Structure includes a temporary or permanent fixed or floating pier, piling, deck, walkway, dwelling, building, boathouse, platform, gazebo, or shelter for the purpose of marine access, navigation, working, eating, sleeping, or recreating. "Structure" includes buildings and signs.

SUBSTANTIAL ALTERATION - Any repair, reconstruction, or improvement of a principal structure, where the proposed footprint equals or exceeds 50 percent of the existing principal structure.

SUPPLEMENTAL PLANTING PLAN - A description and landscape schedule that shows the proposed species type, quantity, and size of plants to be located within a buffer if natural regeneration does not meet the required stem density.

38 Queenstown Zoning Ordinance As Introduced 10.24.18 SURFACE MINING - The breaking of the surface soil in order to extract or remove minerals in the Critical Area. Surface mining includes any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location in the Critical Area and the extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway

construction purposes or for other facilities. For the purpose of this Chapter, surface mining is also defined as operations engaged in processing minerals at the site of extraction; removal of overburden and mining of limited amounts of any mineral when done for the purpose of prospecting and to the extent necessary to determine the location, quantity or quality of any natural deposit; and mining operations, if the affected land exceeds one acre or more in area.

SWIMMING POOL - Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet or more of water surface area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool located and designed so as not to create a hazard or be used for swimming or wading.

TEMPORARY DISTURBANCE – A short-term change in the landscape that occurs as part of a development or redevelopment activity. Temporary disturbance includes storage of materials that are necessary for the completion of the development or redevelopment activity, construction of a road or other pathway that is necessary for access to the site of the development or redevelopment activity, if the road or pathway is removed immediately after completion of the

development or redevelopment activity and the area is restored to its previous vegetative condition; and grading of a development site, if the area is restored to its previous vegetative condition immediately after completion of the development or redevelopment activity.

Temporary disturbance does not include a septic system in a forest or developed woodland on a lot created before local program approval, if clearing is required, and a violation.

THINNING - A forest practice used to accelerate tree growth of quality trees in the shortest interval of time.

THREATENED SPECIES - Any species of fish, wildlife, or plants designated as such by regulation by the Secretary of the Department of Natural Resources that appear likely, within the foreseeable future, to become endangered, including any species of wildlife or plant determined to be a “threatened” species pursuant to the federal Endangered Species Act, 16 U.S.C. § 1431 et seq., as amended.

TOPOGRAPHY - The existing configuration of the earth's surface including the relative relief, elevation, and position of land features.

39 Queenstown Zoning Ordinance As Introduced 10.24.18 TOWNHOUSE - A single-family dwelling forming one (1) of a group or series of three (3) or more attached single-family dwellings separated from one another by party walls, without doors, windows or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another.

TRAILER PARK, TRAILER COURT, or MOBILE HOME PARK - Any site, lot, field or tract of land upon which is located one (1) or more occupied trailers or which is held out for the location of any occupied trailer. The terms shall include any building, structure, vehicle or enclosure for use as a part of the equipment for such a park or court.

TRANSITIONAL HABITAT - A plant community whose species are adapted to the diverse and varying environmental conditions that occur along the boundary that separates aquatic and terrestrial areas.

TRANSPORTATION FACILITIES - Anything that is built, installed, or established to provide a means of transport from one place to another.

TRIBUTARY STREAM - A perennial stream or intermittent stream that has been identified by site inspection. When located in the Critical Area, identified in accordance with local program procedures approved by the Critical Area Commission.

UNDERSTORY - The layer of forest vegetation typically located underneath the forest canopy.

UNDERSTORY TREE - A tree that, when mature, reaches a height between 12 and 35 feet.

UNWARRANTED HARDSHIP - That without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.” UPLAND BOUNDARY - The landward edge of a tidal wetland or nontidal wetland.

UTILITY TRAILER – A non-motorized vehicle that is designed to be towed by a vehicle and is used to transport materials, goods or equipment.

UTILITY TRANSMISSION FACILITIES - Means fixed structures that convey or distribute resources, wastes, or both, including but not limited to electrical lines, water conduits and sewer lines.

WASH PLANT - A facility where sand and gravel is washed during processing.

WATERWAY - Any body of water, including any creek, canal, river, lake or bay or any other 40 Queenstown Zoning Ordinance As Introduced 10.24.18 body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.

WATERWAY LINE - A line marking the normal division between land and a waterway as established by the Administrator or by town ordinances.

WATER-BASED AQUACULTURE - The raising of fish and shellfish in any natural, open, free-flowing water body.

WATER-DEPENDENT FACILITIES - Those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer. An activity is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation. Such activities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use

industries, marinas and other boat docking structures, public beaches and other public wateroriented recreation areas, and fisheries activities.

WATER-USE INDUSTRY - An industry that requires location near the shoreline because it utilizes surface waters for cooling or other internal purposes.

WATERFOWL - Birds that frequent and often swim in water, nest and raise their young near water, and derive at least part of their food from aquatic plants and animals.

WILDLIFE CORRIDOR - A strip of land having vegetation that provides habitat and safe passage for wildlife.

WILDLIFE HABITAT - Those plant communities and physiographic features that provide food, water, cover, and nesting areas, as well as foraging and feeding conditions necessary to maintain populations of animals in the Critical Area.

YARD - An open space, other than a court on a lot and unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Chapter.

YARD, FRONT - A yard extending across the front of a lot between the side lot lines and being at least the minimum required horizontal distance between the street line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces or uncovered porches. On corner lots, the "front yard" shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR - A yard extending across the rear of the lot between the side lot lines and 41 Queenstown Zoning Ordinance As Introduced 10.24.18 measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entrance ways.

YARD, SIDE - A yard between the main building and the side line of the lot and extending from the front yard to the rear yard, and being at least the minimum required horizontal distance between the side lot line and side of the main buildings or any projections thereof.

ZONING CERTIFICATE – Written permission, on a form utilized by the Town, issued by the Planning Commission or its designee, as a condition precedent to the commencement of a use or erection, construction, reconstruction, restoration, alteration conversion, or installation of a structure or building, which acknowledges that such use, structure or building complies with the provisions of the Zoning Chapter or authorized variance therefrom.

42 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE III. ADMINISTRATIVE MECHANISMS

Part I. Planning Commission.

§ 9. Creation.

Pursuant to the authority and provisions of the Land Use Article, Annotated Code of Maryland, there is hereby created a Municipal Planning Commission for the Town of Queenstown. Such Commission shall be known as the “Queenstown Planning Commission” and is hereafter referred to as the “Planning Commission” § 10. Composition; appointment; terms; vacancies; compensation.

A. The Planning Commission shall consist of five (5) members from among the residents of the Town of Queenstown or owners of businesses located in the Town of Queenstown.

The terms of such members shall be five (5) years or until their successors take office;

provided, however, that the terms of the five (5) members first appointed by the Town Commissioners of Queenstown shall be one (1), two (2), three (3), four (4) and five (5) years respectively, from the effective date of creation of the Planning Commission, and shall be specified by the Town Commissioners of Queenstown at the time of appointment.

B. A vacancy occurring prior to the expiration of the term for which a member of the Planning Commission is appointed shall be filled in the manner of original appointment.

C. Members may, after a public hearing, be removed for cause by the Town Commissioners.

Specific reasons for removal include frequent absences and voting on matters where there is a clear conflict of interest.

D. Members of the Planning Commission shall serve without compensation.

E. The Planning Commission shall elect a Chairman from among its members. The term of the Chairman shall be one (1) year with eligibility for reelection.

§ 11. Rules for transaction of business.

The Planning Commission shall adopt rules and bylaws for the transaction of its business.

43 Queenstown Zoning Ordinance As Introduced 10.24.18 § 12. Powers and duties.

The Planning Commission shall have the powers and duties as now or hereafter provided for in the Land Use Article, Annotated Code of Maryland.

§ 13. Public hearings; method of adoption.

A. Public hearings.

1. The Planning Commission shall hold public hearings on all plans, regulations and

other proposals for which such hearings are required by the Planning Commission under the Land Use Article, Annotated Code of Maryland. The Planning Commission shall give at least fifteen (15) days’ notice of such hearings by an advertisement published in a newspaper of general circulation in the town and in an area around the town within one (1) mile from the corporate limits. Such notice shall include the time and place of the hearing, a description of the

summary of the proposals to be considered at the hearing, and a place where a copy of such proposals can be obtained. At any such hearings interested persons shall be afforded an opportunity to submit data, views or regulations with respect to the proposals under consideration.

2. Public hearings shall be recorded. A written record may be prepared of any public

hearing held by the Planning Commission at the expense of the person or persons requesting a written record.

B. Any regulations or other proposals in connection with planning and zoning that are adopted by the Planning Commission shall be adopted by a yea or nay vote in open session.

§ 14. Duties of Commission.

A. The Planning Commission shall develop a Comprehensive Plan as required by State Law.

The Plan shall contain, as a minimum, the elements set forth in § 2-105 of the Land Use Article, Annotated Code of Maryland.

B. It shall be the duty of the Planning Commission to recommend the boundaries of the various zoning districts and appropriate regulations to be enforced therein, in order that the Town Commissioners may avail themselves of the zoning powers conferred by the Maryland Code.

§ 15. Reserved.

44 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE IV. DISTRICTS AND DISTRICT MAP

Part I. Zoning Districts.

§ 16. Districts Established.

A. The incorporated area of the Town of Queenstown shall be divided into base zoning districts as follows:

R-1- Residential R-2 - Residential TC - Town Center HC - Highway Commercial RC - Regional Commercial I - Industrial QRD - Queenstown Resort Development CS - Queenstown Countryside B. In addition to the base zoning districts described above, the Zoning Chapter provides for the following special districts:

PN - Planned Neighborhood Floating District PRC - Planned Regional Commercial Floating District GA - Growth Allocation Floating District CA - Critical Area Overlay District CR - Community Revitalization District C. These districts are established to regulate the location of residences, trades, industries, and buildings erected or altered for specific uses; to regulate and limit the height and bulk

of buildings hereafter erected or structurally altered; to regulate and limit population density and the intensity of the use of lot areas; to regulate and determine the areas of yards, courts, and other open spaces with and surrounding such buildings; to protect water quality and sensitive environmental areas; to maintain the traditional visual characteristics of the Town that define its uniqueness and are important to the economic

stability of the Town; and to implement the recommendations of the Queenstown Comprehensive Plan.

§ 17. Purpose of Districts.

A. R-1 Residential 45 Queenstown Zoning Ordinance As Introduced 10.24.18 The purpose of the R-1 District regulations is to provide for a pleasant, quiet, hazard-free residential environment in which residential and related uses are permitted. Presently developed single-family residential areas are included in this district which may include areas planned for similar development in the future.

B. R-2: Residential The purpose of this district is to allow a diversity of housing types and densities within neighborhoods in suitable locations in Queenstown, to broaden the housing types and configurations; to provide desirable open space and recreational lands close to residences; to create visual interest and relate development more sensitively to environmental features; and to establish reasonable controls and standards of design for

the dwelling types allowed in this district.

C. TC: Town Center The purpose of this district is to encourage the revitalization of Queenstown's town core, while at the same time reinforcing its historic, mixed-use and pedestrian-oriented character. Specifically, it is intended:

1. To encourage the development of land and buildings within the core area for a

variety of commercial uses, either individually or within the same building, for compatible mixed use developments, incorporating both residential and nonresidential uses and for civic, and public uses.

2. To encourage the use and re-use of existing structures, now or lately

used as residences, and to discourage the demolition of such structures.

3. To perpetuate the historic character of the town core through the sensitive

integration of new development into the zone's physical structure.

4. To reinforce the pedestrian-scaled and oriented character of the town

core by encouraging a diversity of land uses and business enterprises.

D. HC: Highway Commercial The purpose of this district is to provide appropriate locations and standards for commercial uses which are primarily oriented to highway travelers, which require large 46 Queenstown Zoning Ordinance As Introduced 10.24.18 floor area in their operations, and which are likely to generate high volumes of automobile traffic. Specifically, it is intended

1. To provide a means of attaining the aims and objectives of the Community Plan

for orderly growth, preservation of the town character and opportunities for economic development.

2. To create development that ensures compatibility with adjacent and

neighboring uses and subsequent development.

3. To integrate access for new development with the limited-access

characteristics of Routes 301 and 50, and to support the maintenance of a high level of service on highways, especially with respect to traffic safety.

4. To preserve and enhance the functional values of open space and

landscaping for developed areas, including groundwater recharge, runoff control, microclimate moderation (vegetation, especially trees, can moderate the local climate, creating cooler highs and warmer lows), noise reduction and visual buffering.

E. RC: Regional Commercial The purpose of this district is recognize and provide for the continuation of existing regional retail shopping establishments located adjacent to U.S. Routes 50 or 301. It also is the intent of the Town to limit the extent of this zoning district to parcels currently zoned RC Regional Commercial. The Town may consider expanding the extent of the RC Regional Commercial district to permit expansion of an existing

regional commercial use onto contiguous parcels.

F. I: Industrial The purpose of this district is to provide appropriate locations and standards for industrial uses which are compatible with adjacent uses to the extent that adverse effects on health, safety, welfare or the environment are avoided. The uses are limited to light manufacturing, fabricating, warehousing, wholesale distributing and certain types of commercial uses. Specifically, it is intended:

1. To provide a means of attaining the aims and objectives of the Community Plan

for orderly growth, preservation of the town character, and opportunities for economic development.

47 Queenstown Zoning Ordinance As Introduced 10.24.18

2. To create development that ensures compatibility with adjacent and

neighboring uses and which accommodates subsequent development.

3. To integrate access for new development with the limited-access characteristics

of Routes 301 and 50, and to support the maintenance of a high level of service on highways, especially with respect to traffic safety.

4. To preserve and enhance the functional values of open space and landscaping

for developed areas, including groundwater recharge, runoff control, microclimate moderation (vegetation, especially trees, can moderate the local climate, creating cooler highs and warmer lows), noise reduction and visual buffering.

5. To prevent land or structures from being used in a manner so as to create any

dangerous, injurious, noxious or otherwise risk of fire, explosion, radioactivity, or other hazardous condition, noise or vibration; smoke, dust, odor, or other form of air pollution; electrical or other disturbance, glare or heat; liquid or solid waste; or other condition that would detract from the residential desirability the surrounding area.

G. QRD Queenstown Resort Development This district is intended to provide for recreation, hotel, conference center, lodging, dining and associated uses in a waterfront and golf course environment within the Town and to encourage commercial adaptive reuse of historic properties consistent with an Eastern Shore historic village. The district provides for flexible development concepts, good site design, and architectural integration in the

configuration and style of buildings as part of a unified and coherent plan of development.

H. CS Countryside The Queenstown Countryside (CS) District is intended to preserve and protect rural, agricultural and recreational areas of the Town that generally lie within the Chesapeake Bay Critical Area and contain sensitive natural resource. Any permitted development shall ensure resource protection and preservation of open space. This district shall be predominantly characterized by open space, golf courses and very low-density uses with

significant associated open space.

48 Queenstown Zoning Ordinance As Introduced 10.24.18 § 18. Special Districts.

A. Floating Zone District

1. Purpose. Floating zones are districts that may be appropriate for the Town but are

not mapped out at the time of adoption of the most recent comprehensive revision to the Queenstown Zoning Chapter. The purpose of the designated floating zones is to permit the mapping of appropriate areas for land uses that may be required over the next 20 years. The designated floating zone provides a mechanism for the establishment of the district in appropriate areas, limiting the areas to be zoned

and setting conditions that must be met by any development proposal seeking such a designation.

2. Designation of floating zones. The following are designated as floating zones:

a. “PN” Planned Neighborhood Development Floating Zone;

b. “RC” Regional Commercial Mixed Use Floating Zone; and c. “GA” Growth Allocation Floating Zone.

The Town Commissioners and Planning Commission find that they are not able to locate the Floating Zones with precision in advance and that it is desirable to leave specific locations and conditions for future determination as the Town grows and specific needs develop.

B. Overlay Districts

1. Overlay zones build on the underlying zoning, by establishing additional or

stricter standards and criteria; the standards of the overlay zone apply in addition to those of the underlying zoning district.

2. Designation of Overlay Zones. The following overlay districts shall apply in the

corporate limits of Queenstown:

a. “CA” Critical Area Overlay District b. “CR” Community Redevelopment Overlay District 49 Queenstown Zoning Ordinance As Introduced 10.24.18 § 19. Official Zoning Maps.

A. The incorporated areas of the Town are hereby divided into zoning districts as shown on the Official Zoning Maps which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Chapter.

B. The Official Zoning Maps shall be identified by the signatures of the Town Commissioners and attested by the Town Clerk under the following words: "This is to certify that this is the Official Zoning Maps referred to in § 19 of the Zoning Chapter for Queenstown, Maryland,” together with the date of the adoption of this Zoning Chapter.

C. Regardless of the existence of purported copies of the Official Zoning Maps, which may from time to time be made or published, the Official Zoning Maps shall be located in the Town Office and shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the Town.

D. Official Critical Area Overlay District Maps

1. Official Critical Area Overlay District Maps have been prepared for the Town of

Queenstown and shall be maintained in force as part of the Official Zoning Maps referred to in this Zoning Chapter. They shall delineate the extent of the CA Overlay District. The Critical Area Overlay District shall include all lands and waters defined in Section 8-1807 of the Natural Resources Article, Annotated Code of Maryland. They include:

a. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private wetlands designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland.

b. All lands and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides designated under Title 9 of the Natural Resources Article, Annotated Code of Maryland; and c. Modification to these areas through inclusion or exclusion proposed by the Town and approved by the Critical Area Commission as specified in Section 8-1807 of the Natural Resources Article, Annotated Code of Maryland.

50 Queenstown Zoning Ordinance As Introduced 10.24.18

2. Within the designated CA District all land shall be assigned one of the following

land use management designations:

a. Intensely Developed Area (IDA) b. Limited Development Area (LDA) c. Resource Conservation Area (RCA) The land use management designation shall be as provided in the Town of Queenstown Critical Area Program, as amended. The Critical Area Overlay District Maps may be amended by the Town Commissioners in compliance with amendment provisions in this Zoning Chapter, the Maryland Critical Area Law and Critical Area Criteria.

§ 20. Replacement of Official Zoning Maps.

A. In the event that the Official Zoning Maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Commissioners may by resolution adopt new Official Zoning Maps which shall supersede the prior Official Zoning Maps.

B. The new Official Zoning Maps may correct drafting or other errors or omissions in the prior Official Zoning Maps, but no such corrections shall have the effect of amending the original zoning maps, the Zoning Chapter or any subsequent amendment thereof. The Planning Commission shall certify as to the accuracy of the new Official Zoning Maps and the maps shall be identified by the signature of the Town Commissioners attested by

the Town Clerk, and bearing the seal of the Town under the following words: "This is to certify that these Official Zoning Maps supersedes and replaces the Official Zoning Maps adopted (date of adoption of maps being replaced) as part of the Zoning Chapter of Queenstown, Maryland." § 21. Periodic review of regulations and map.

A. At least once every five (5) years, the Planning Commission shall review the zoning regulations and the Official Zoning Maps to determine whether it is advisable to amend the regulations or the maps, or both, to bring them into accord with the objectives of the Queenstown Comprehensive Plan, to take advantage of new techniques or to encourage improved building practices which may have been developed and which may have

application in Queenstown, to correct deficiencies or difficulties which may have 51 Queenstown Zoning Ordinance As Introduced 10.24.18 developed in administration or for such other reasons as the Planning Commission may determine.

B. The Planning Commission shall report their findings to the Town Commissioners.

§ 22. Interpretation of district boundaries.

A. A zoning district name or letter-number combination shown on the Zoning District Map indicates that the regulations pertaining to the district designated by that name or letternumber combination extend throughout the whole area in the Town bounded by the district boundary lines, except as otherwise provided by this section.

B. Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning District Map accompanying and made a part of these regulations, the following rules shall apply:

1. In cases where a boundary line is given a position within a street or alley,

easement, canal or navigable or non-navigable stream, it shall be deemed to be in the center of right-of-way of the street, alley, easement, canal or stream. If the actual location of such street, alley, easement, canal or stream varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.

2. In cases where a boundary line is shown as being located a specific distance from

a street line or other physical feature, this distance shall control.

3. In cases where the district boundaries as shown on the Zoning District Map

approximately coincide with lot lines, the lot lines shall be construed to be the district boundary lines, unless otherwise indicated.

4. In cases where district boundaries as shown on the Zoning District Map do not

coincide or approximately coincide with street lines, alley lines or lot lines and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

§ 23. Regulation of areas under water.

A. All areas within the limits of the incorporated Town of Queenstown which are under water are considered to be within a zoning district and controlled by applicable district 52 Queenstown Zoning Ordinance As Introduced 10.24.18 regulations. District boundaries over water areas are located by noted or scaled dimensions, by relation to physical features, by coincidence with the Town boundary or by a straight line projection of the district boundaries as indicated on the Zoning District

Map.

B. Straight line district boundaries over water areas shall be assumed to continue as straight lines until they intersect with each other or with the Town boundary.

53 Queenstown Zoning Ordinance As Introduced 10.24.18

Part II. Planned Development (PD) Floating Zones

§ 24. Planned Neighborhood Floating Zone District.

A. Purpose. The Planned Neighborhood (“PN”) District is a floating zone, which means that while provisions and regulations are made to govern any development within a PN District, no such district will be pre-mapped on the Official Zoning Map. The PN District is intended to permit master planned, mixed-use developments of large tracts of land. The PN District permits development and land use pursuant to an approved Master

Development Plan that meets the requirements of the Zoning Chapter and that is approved by the Town Commissioners at the time the PN zoning is applied to specific land(s). The PN provisions provide for the development of well-planned, mixed-use neighborhoods that exhibit the following characteristics:

1. Integrated mix of uses, including residential, commercial, employment/office,

civic, and open space;

2. A range of housing types and densities to accommodate a diverse population of

age groups and income levels;

3. Interconnected streets designed to balance the needs of all users, with sidewalks

and on-street parking when appropriate for the development;

4. Open spaces integral to the community; and,

5. Location adjacent to and extending the fabric of existing development.

B. Applicability. The PN District is intended to apply to large tracts of land of at least twenty-five (25) acres. Smaller tracts may be considered when the development of such land is found to be compatible with an adjacent, existing, or proposed PN type development and/or adjacent Town land uses.

C. Intent. The PN District is intended to promote the following:

1. Implement the recommendations of the Queenstown Comprehensive Plan;

2. Develop neighborhoods that accommodate and promote pedestrian travel equally

as much as motor vehicle trips;

3. Promote design that results in residentially scaled buildings fronting on, and

54 Queenstown Zoning Ordinance As Introduced 10.24.18 generally aligned with, streets;

4. Encourage the inclusion of a diversity of household types, age groups, and income

levels;

5. Promote traditional town building and site development patterns with an

interconnected and broadly rectilinear pattern of streets, alleys, and blocks, providing for a balanced mix of pedestrians and automobiles;

6. Encourage creation of functionally diverse, but visually unified, neighborhoods

focused on central squares;

7. Promote use of neighborhood greens, landscaped streets, boulevards, and “singleloaded” parkways woven into street and block patterns to provide space for social

activity, parks, and visual enjoyment;

8. Provide buildings for civic or religious assembly or for other common or

institutional purposes that act as visual landmarks and symbols of identity;

9. Promote the location of dwellings, shops, and workplaces in close proximity to

each other, the scale of which accommodate and promote pedestrian travel for trips within the community;

10. Preserve open space, scenic vistas, agricultural lands, and sensitive natural areas;

11. Permit design flexibility in order to achieve an appropriate mix of residential and

non-residential building uses; and,

12. Require efficient utilization of designated growth areas.

D. Density

1. The minimum residential density for a proposed PN District shall be three and

one-half (3 1/2) dwelling units per net tract acre. For purposes of calculating the minimum residential density for a proposed PN District, non-residential acres, open space, and conservation acres shall be subtracted from the gross tract acres.

2. A maximum residential density of six (6) dwelling units per net tract acre can be

permitted subject to the bonus provisions set forth in § E.

55 Queenstown Zoning Ordinance As Introduced 10.24.18 E. Bonus Density Provisions

1. The Town Commissioners may permit additional/bonus dwelling units for

development rights acquired from the Queenstown Development Rights Sending Area.

2. Transfer details, including the dwelling unit for development right exchange rate,

shall be negotiated between the Town Commissioners and applicant with details included in a Developers Rights and Responsibilities Agreement.

F. General Design Requirements.

1. Design standards referenced in this section shall be considered as minimum

performance standards for the PN District.

2. Planned neighborhoods are intended to provide for a range of complementary

uses and may consist of up to four (4) use areas: Single-Family Residential Areas (SRA), Central Residential Areas (CRA), Neighborhood Center Areas (NCA), and Conservation Areas (CA). At a minimum, a planned neighborhood must contain both a SRA and a CA. The four (4) use areas are defined as follows:

a. Single-Family Residential Areas (SRA) provides locations for a broad range of housing types, including single-family detached, semi-detached, and attached.

b. Conservation Areas (CA) are permanently protected open spaces, including greens, commons, and habitat protection areas.

c. Central Residential Areas (CRA) are intended to contain a variety of housing options and related uses. These areas are typically located adjacent to primary neighborhood centers.

d. Neighborhood Center Area (NCA) is the identifiable focal point of each neighborhood and is intended to serve primarily to provide uses that meet the retail and service needs of a traditional community center and its vicinity within one-story and two-story buildings, and may contain other compatible uses, such as civic and institutional uses of community wide importance, specifically including second-floor residential uses.

56 Queenstown Zoning Ordinance As Introduced 10.24.18 G. Land Use Table for the PN District. The following uses apply in the PN District. The land use table is intended to permit the following uses, or uses which are substantially similar to the uses set forth herein. Notwithstanding any provision herein, all existing land uses within a PN District shall be permitted to continue until the development of the

particular phase of an approved PUD plan.

Legend:

P = Permitted PC = Permitted with conditions SE = Special Exception SC = Special Exception with conditions

CLASS USE DESCRIPTION SRA NCA CRA CA

1.00 AGRICULTURAL USES

Agriculture – crop production only P Forestry P Wildlife Conservation & Refuge Area P Greenhouse – on premise sales permitted SE

2.00 RESIDENTIAL

Dwelling – Single Family Detached P P Dwelling – Two-Family P P Dwelling – Multi-Family P P Dwelling – Townhouse P P Dwelling - Apartment P P Apartment, Commercial P Accessory dwelling unit § 66. PC PC

3.00 HOME-BASED BUISNESS

Home Occupation § 75. PC PC §72. Child or Elderly Day Care Center.§72. PC SC Bed and breakfast § 71. SC P SC

INSTITUTIONAL PUBLIC, CIVIC AND INSTITUTIONAL USE

4.00 CATEGORY

College or University P Community Center P P P Fraternal Organization P P P Governmental Facility § 5. P P P Hospital P Library P Museum or Cultural Facility P P P 57 Queenstown Zoning Ordinance As Introduced 10.24.18 Legend:

P = Permitted PC = Permitted with conditions SE = Special Exception SC = Special Exception with conditions

CLASS USE DESCRIPTION SRA NCA CRA CA

Parks and Recreation P P P P Religious Assembly P P P Safety Service P P P P Schools P P P

5.00 UTILITIES

Utilities and Public Service Facility §74.

Essential Services PC PC PC PC Public Utility PC PC PC PC Solar and Wind Energy Facilities Residential PC PC

6.00 COMMERCIAL

Animal Service – Grooming P Assembly and Entertainment P Commercial Service P Personal Improvement Service P Day Care P Eating and Drinking Establishments P Financial Service P Lodging P Office P Convenience Goods P Consumer Shopping Goods P Retail Sales P G. Development Standards.

1. The following development standards shall apply to the PN District:

a. The setback, lot size, lot dimensions, lot coverage, minimum floor area, height, and yard requirements in the PN shall be established for each individual project by the Planning Commission in accordance with the Planned Neighborhood Design Guidelines. In establishing these requirements the Planning Commission shall consider such factors as the 58 Queenstown Zoning Ordinance As Introduced 10.24.18

proposed development intensity, density, and the existing character of adjacent neighborhoods.

b. Minimum Required Open Space:

(1) A minimum of twenty percent (20%) of the gross site acreage shall

be open space including parks and recreational areas. Not less than fifteen percent (15%) of the minimum required open space shall be in a form usable to and accessible by the residents, such as a central green, neighborhood squares or commons, recreational playing fields, woodland walking trails, other kinds of footpaths, a community park, or any combination of the above. In addition, no more than fifty percent (50%) of the minimum required open space

may be comprised of active recreation facilities, such as playing fields, golf courses, tennis courts, etc.

(2) Open space land shall be permanently protected through

conservation easements or dedications, as may be decided by the Planning Commission, and may be developed for uses consisting of the following:

(a) Equestrian facilities, including related stables and pastures;

(b) Municipal or public uses, public park or recreation area

owned and operated by a public or private nonprofit agency; and

(c) Active recreation, not including parking areas and any

roofed structures associated with the active recreation, if it is non-commercial in nature and provided that no more than fifty percent (50%) of the minimum required open space is so used.

(3) The required open space shall be located and designed to add to the

visual amenities of neighborhoods and to the surrounding area by maximizing the visibility of internal open space as “terminal vistas” (the building or landscape seen at the end of a street, or along the outside edges of street curves) and by maximizing the visibility of external open space as perimeter greenbelt land (the 59 Queenstown Zoning Ordinance As Introduced 10.24.18 undeveloped and permanently protected acreage around a

community). Such greenbelt open space shall be designated to provide buffers and to protect scenic views as seen from existing roadways and from public parks.

(4) PN developments shall include multiple greens, commons, or

passive parks measuring a total of at least 1,500 square feet for each dwelling unit, plus five hundred (500) square feet of land for active recreation per dwelling unit.

(5) Civic greens or squares shall be distributed throughout the

neighborhood so as to be located within 1,500 feet of ninety percent (90%) of all residential units in the SRA and CRA areas.

2. Residential Unit Mix

a. The minimum and maximum percentages of types of residential units for each PN District, and each phase thereof, shall be as set forth in subsection c below.

b. At a minimum each PN development shall have at least three (3) of the five (5) unit types. Each phase of a proposed PN shall have at least three

(3) of the five (5) unit types. The Planning Commission may vary this

phase requirement if a majority of its members are satisfied that at buildout three (3) of five (5) unit types are included in the overall PN development. Each phase of a proposed PN development shall provide housing opportunities for a diverse population mix of age groups and income levels.

c. Residential Unit Mix.

Unit Type Minimum Maximum Detached Single Family Dwelling 50% 80% Two (2) Family Dwelling 20% 40% Townhouse 5% 40% Multi-Family 5% 40% Apartments 5% 15% H. Small Planned Neighborhood Projects. The Town Commissioners may modify the 60 Queenstown Zoning Ordinance As Introduced 10.24.18 minimum performance standards established in subsection G, herein, for a PN District development of less than twenty-five acres (25) acres provided that:

1. The proposed development in the PN District can be integrated with a Master

Development Plan for an adjacent and larger PN District project by such features as street extensions, compatible location of SRAs and common areas. In addition, the Town Commissioners must find that the proposed design meets the goals and objectives of the Queenstown Comprehensive Plan, as amended, and the intent of this section; or

2. The Town Commissioners find that the proposed PN District is for an infill or

transition project between existing developed areas and/or adjacent to a proposed or planned large scale PN project and that the proposed design of the PN project is consistent with the goals and objectives of the Queenstown Comprehensive Plan and the intent of this section.

3. The design of all PN projects shall be consistent with the Planned Neighborhood

Design Guidelines.

I. Development Process and Procedure. No property may be developed or subdivided until the property is reclassified as a PN District and until the Commissioners of Queenstown approve a PN Plan in accordance with § 26 of this Chapter.

§ 25. Planned Regional Commercial Floating Zone.

The intent of the “PRC” Planned Regional Commercial District is to establish an area for masterplanned regional commercial and mixed uses at appropriate locations near arterial highways in accordance with the Queenstown Comprehensive Plan. The Regional Commercial District permits development and land use pursuant to a Planned Development (“PD”) Plan approved by the Commissioners of Queenstown at the time that the PRC District zoning is applied to specific

land(s). No subdivision shall be permitted on property located within the PRC District until the Town approves a Planned Development (“PD”) Plan in accordance with this Chapter.

A. The PRC Planned Regional Commercial District is intended to promote the following:

1. Implement the recommendations of the Queenstown Comprehensive Plan by

encouraging and permitting large-scale commercial uses, including shopping centers at appropriate locations within the Town.

61 Queenstown Zoning Ordinance As Introduced 10.24.18

2. Allow for mixed-use development projects including a wide range of commercial

and retail trades and uses, as well as offices, business and personal services that contribute to the positive character of the Town. A PRC project also may include residential uses that are appropriately integrated into the overall design. Emphasis in the District will be on providing appropriate transitions to adjacent residential neighborhoods, both existing and part of the PRC, safety and maintaining

pedestrian access with links to neighborhoods, and other commercial developments where feasible;

3. Allow for new commercial development that is compatible with and contributes

to the character of the Town through use of appropriate building materials, architectural detail, color range, massing, lighting, and landscaping criteria to soften the visual impact of commercial building sites and parking areas and to accentuate the relationship to streets and pedestrian ways;

4. Require efficient utilization of land;

5. Allow commercial development that will serve local and regional commercial

markets;

6. Discourage strip forms of development;

7. Provide landscape buffers and appropriate transitions between commercial uses

and arterial highways to improve the visual character along the highway corridor;

and

8. Permit design flexibility in order to achieve an appropriate integration of more

intense commercial uses into the community and minimize its impact on adjacent areas.

B. Development Process and Procedure. No property may be developed or subdivided in a proposed PRC District until the property is reclassified as a PRC District and until the Commissioners of Queenstown approves a PD Plan in accordance with § 26 of this Chapter.

C. Permitted Uses. See Article VI, § 64 Table of Permitted Uses.

D. Development Standards.

62 Queenstown Zoning Ordinance As Introduced 10.24.18

1. The setback, lot size, lot dimensions, lot coverage, height, and yard requirements

for planned unit development in the PRC District shall be established by the Commissioners of Queenstown during the PD Plan approval process.

2. In establishing these requirements, the Commissioners of Queenstown shall

consider such factors as the proposed development intensity and the existing character of adjacent neighborhoods.

3. No more than 40% of the site area shall be dedicated to residential uses, and the

maximum residential density shall be ten (10) dwelling units per gross acre of the residential site area.

4. The minimum and maximum percentages of types of residential units for each

PRC District shall be as set forth in the table below.

Unit Type Minimum Maximum Detached/Duplex Single Family 40% 70% Dwelling Townhouse/Multi-Family/Apartment 30% 60% § 26. Procedure for Planned Development (PD) Approval.

A. Purpose. The following procedures apply to the PN Planned Neighborhood Development and the PRC Planned Regional Commercial Development, hereafter referred to as Planned Developments. The purpose and intent of the Planned Development floating zone amendment process is to permit specific and detailed mapping of areas and to provide for the creation of a Master Planned Community that includes carefully planned,

well-designed development projects at appropriate locations.

B. PD District Design. Applicants for a Planned Development shall be guided throughout the review process by the any applicable Planned Neighborhood and Planned Regional Commercial Design Guidelines that may be established by the town and adopted.

Because it is recognized that design professionals, including architects, landscape architects, and land planners, are trained to strive for creative excellence, the design standards and criteria are not intended to restrict creative solutions or to dictate all design details. Any design guidelines shall serve as a tool for the Town of Queenstown by providing a checklist of elements to be considered. Any design guidelines shall also

inform the design professionals of items that shall be considered or included from the outset of the design process.

63 Queenstown Zoning Ordinance As Introduced 10.24.18 C. Application. Application for a floating zone amendment for a Planned Development approval shall be made to the Commissioners of Queenstown. Applications shall include:

1. A written petition for location of a Planned Development District and approval of

a Master Development Plan, signed by the owners, and contract purchasers, if any, of the property that is the subject of the petition.

2. A narrative describing the following:

a. Statement of present and proposed ownership of all land within the development;

b. Overall objectives of the proposed Master Development Plan and a statement of how the proposed development concept corresponds to and complies with the goals and objectives of this Chapter, the proposed Planned Development district, and the Queenstown Comprehensive Plan;

c. Method of providing sewer and water service and other utilities, such as, but not limited to, telephone, gas, and electric services;

d. Description of Stormwater management concepts to be applied;

e. Method of and responsibility for maintenance of open areas, private streets, recreational amenities, and parking areas;

f. General description of architectural and landscape elements, including graphic representations; and g. If the applicant desires to develop the property in phases, a preliminary phasing plan indicating:

(1) The phase(s) in which the project will be developed, indicating the

approximate land area, uses, densities, and public facilities to be developed during each phase.

(2) If different land use types are to be included within the Master

Development Plan, the plan shall include the mix of uses anticipated to be built in each phase.

64 Queenstown Zoning Ordinance As Introduced 10.24.18

3. A Concept Master Development Plan, which includes:

a. Boundary survey of the area subject to the application;

b. Graphic and tabular presentation of proposed site development information that clearly depicts the following, as applicable:

(1) Total acreage of subject property and identification of all adjoining

landowners;

(2) Description of proposed land uses, including residential,

commercial, institutional, and recreational;

(3) Maximum number of dwelling units, approximate densities of

residential areas and anticipated population;

(4) Land area and locations generally allocated to each proposed use;

(5) Location of proposed roads, public open space, any sensitive

resource areas (environmental or cultural), and public facilities;

and

(6) Maximum non-residential floor area proposed.

D. Referral of Application to Planning Commission. Upon submission to the Commissioners of an Application for a Planned Development zoning amendment and a Master Development Plan, the Commissioners shall refer said Application and Master Development Plan to the Queenstown Planning Commission for its review and recommendations. The referral shall authorize the Planning Commission, the Town staff, and any consultants or professionals on behalf of the Planning Commission or the Town

to analyze said Application and Master Development Plan, in accordance with all applicable review processes and procedures. The Planning Commission or the Commissioners may require the cost of any analysis or consultant or professional be paid for by the applicant. No development may occur until:

1. A floating zone has been applied to the property by legislative action of the

Commissioners;

2. A Master Development Plan is approved for the floating zone by the

Commissioners; and 65 Queenstown Zoning Ordinance As Introduced 10.24.18

3. A building permit has been issued, following, if applicable, final subdivision plat

and/or site plan approval by all agencies with jurisdiction.

E. Master Development Plan Submittal to the Planning Commission. After the Commissioners refer the Application and Master Development Plan, the applicant shall submit the following to the Planning Commission for review and recommendations to the Commissioners:

1. Graphic Master Development Plan Requirements:

a. Master Development Plan that includes the following individual sheets:

Single sheets shall not exceed 36" x 48". Plans shall be presented at a scale no smaller than 1" = 400' such that the entire site may be shown on a single sheet.

(1) The referred Master Development Plan;

(2) Boundary Survey, including identification of adjacent property

owners;

(3) Existing condition information, including (information may be

displayed on more than one sheet for clarity):

(a) Topographic survey (minimum 1' contour interval);

(b) Soils;

(c) Forested areas and tree lines;

(d) Wetlands, hydric soils, streams, and water features;

(e) Habitat protection areas;

(f) Steep slopes;

(g) Easements and deed restrictions;

(h) Roads, driveways, and right-of-ways;

66 Queenstown Zoning Ordinance As Introduced 10.24.18

(i) Existing buildings;

(j) General location of storm surge boundaries for all

categories of storm events; and

(k) Existing land uses.

(4) Proposed open space, protected areas, and public and private

parks;

(5) Pedestrian and vehicular master plan showing dominant street

configuration and pedestrian walking and biking alignments;

(6) Detailed plan of at least one (1) phase, showing:

(a) Road alignments;

(b) Lot configuration;

(c) Commercial area plan, if applicable;

(d) Public and private open space(s);

(e) Perspective streetscape (typical for represented phase);

(f) Examples of proposed residential and commercial

architecture;

(g) Plan view, perspective and elevations of private and/or

public community facilities; and

(h) Plan view, perspective and elevations of entrances

including gateway improvements, if applicable.

(7) Phasing plan, including:

(a) The general boundaries or location of each phase.

Although the Phasing Plan shall include the information required by (b) and (c) below (in narrative, tabular or graphical form), it is not required to depict the location of 67 Queenstown Zoning Ordinance As Introduced 10.24.18 the land uses, densities or public facilities within each phase.

(b) The phase(s) in which the project will be developed,

indicating the approximate land area, uses, densities, and public facilities to be developed during each phase.

(c) If different land use types are to be included, the Master

Development Plan shall include the approximate mix of uses anticipated to be built in each phase.

b. Studies and reports by qualified professionals:

(1) Traffic study that evaluates traffic impacts on proposed entrances

on existing public (state, county, and town) roads and major existing intersections within one (1) mile of the project that may be impacted by traffic generated by the proposed project;

(2) Nontidal wetlands delineation;

(3) Habitat protection areas study prepared by qualified professionals;

and

(4) A concept plan indicating how storm water will be managed on the

site in accordance with applicable State, County or local regulations.

c. Master Development Plan Design Standards shall generally conform to the elements of the all applicable Design Planned Development Guidelines.

The Master Development Plan Design Standards shall provide specific detail regarding:

(1) Site design standards in designated neighborhood and/or

commercial areas, including: permitted uses, building types, frontage, setbacks and lot sizes, building heights, parking, street widths and cross-sections, sidewalks, lighting, and road geometry.

(2) Building standards for designated neighborhood and/or

commercial areas, including: size and orientation, building facades, 68 Queenstown Zoning Ordinance As Introduced 10.24.18 regulated architectural elements (windows, trim, etc.), rooflines, architectural styles, fencing, parking, and signage.

(3) Landscape, buffer, and environmental standards, including:

location, scope, materials, and scheduling.

d. Project Scheduling Information, including: anticipated permitting hearings, approvals, construction start, phasing, anticipated absorption, and completion of key site elements. (Note: This information is understood to be representative of a best estimate and will be used by the Town as a tool for long-range planning activities, but shall not be binding.) e. The Master Development Plan shall also include a management statement

regarding the anticipated ownership, construction, operation, and maintenance of:

(1) Sanitary and storm sewers, water mains, culverts, and other

underground structures;

(2) Streets, road, alleys, driveways, curb cuts, entrances and exits,

parking and loading areas, and outdoor lighting systems; and

(3) Parks, parkways, walking paths, cycle ways, playgrounds, and

open spaces.

2. The Master Development Plan shall comply with requirements of this section and

the requested floating zone and may be accompanied by such other written or graphic material that may aid the decisions of the Planning Commission and the Commissioners.

3. The Commissioners may establish additional and supplemental requirements for

the Master Development Plan prior to its referral of the Application, if the Commissioners determine such requirements are necessary to enable the Commissioners to evaluate the particular floating zone amendment request.

F. Planning Commission Review and Recommendation – Floating Zone Amendment and Master Development Plan.

69 Queenstown Zoning Ordinance As Introduced 10.24.18

1. The Planning Commission shall review the floating zone amendment request and

Master Development Plan for compliance with the requirements of this Chapter and consistency with the Comprehensive Plan and the Planned Development Design Guidelines.

2. The Planning Commission shall evaluate the degree to which the proposed

floating zone request and Master Development Plan incorporate and/or address the Planned Development Design Guidelines and furthers the goals and objectives of the Queenstown Comprehensive Plan.

3. The Planning Commission may make reasonable recommendations to the

applicant regarding changes to the Master Development Plan proposal, which, in the judgment of the Planning Commission, shall cause the proposal to better conform to the requirements of the Queenstown Comprehensive Plan, the Planned Development Design Guidelines, and the goals and objectives of this Chapter.

The applicant may resubmit the Master Development Plan to the Planning Commission in light of the Planning Commission’s comments.

4. If, after four (4) Master Development Plan submissions, the Master Development

Plan has not received a favorable recommendation from the Planning Commission, the Planning Commission shall make a negative recommendation to the Commissioners setting forth its reasons as to why the Master Development Plan should not be approved.

5. After a public hearing, the Planning Commission shall consider and comment on

the findings required of the Commissioners, as set forth in G (2), herein, and shall make a favorable or negative recommendation to the Commissioners.

6. The Planning Commission shall forward the Master Development Plan, with any

revisions, together with written comments and recommendations, and its floating zone comments, to the Commissioners for action pursuant to the floating zone and Master Development Plan approval process.

G. Commissioners Approval of Floating Zone and Master Development Plan.

1. The Commissioners shall review the Master Development Plan and other

documents, together with such comments and recommendations as may have been offered by the Planning Commission.

70 Queenstown Zoning Ordinance As Introduced 10.24.18

2. After a public hearing, the Commissioners may approve or disapprove the

proposed floating zone map amendment and associated Master Development Plan, and shall follow the procedures set forth in § 193 of this Chapter.

Concurrently with the location of a floating zone, the Commissioners may approve the Master Development Plan, which, in addition to the provisions of PN or PRC District whichever is applicable, shall govern the subdivision and/or development of the property. In approving Planned Development floating zone map amendment, the Commissioners shall make findings of fact, including, but not limited to the following matters: population change, availability of public

facilities, present and future transportation patterns, compatibility with existing and proposed development for the areas, and the relationship of the proposed amendment to the Comprehensive Plan. The Commissioners may approve the Planned Development District map amendment if it finds that the proposed floating zone amendment is:

a. consistent with the Queenstown Comprehensive Plan;

b. consistent with the stated purposes and intent of the Planned Development District;

c. complies with the requirements of this Chapter; and d. is compatible with adjoining land uses.

4. When a Planned Development is to be constructed in phases, final subdivision

plat(s) shall not be required for a phase until such time as applications are filed for a federal, state, or local permit for construction of that particular phase.

5. As part of the final Master Development Plan approval, the Commissioners shall

approve a date for initiation of the proposed development.

6. In the event that a floating zone amendment is approved by the Commissioners

without subdivision and approval of an associated Master Development Plan, the subject property may not be subdivided until the owner complies with the Master Development review and approval provisions of this Chapter, and may not be developed except in conformance with a site plan as required by and in conformance with this Chapter.

H. Additional Required Procedures.

71 Queenstown Zoning Ordinance As Introduced 10.24.18

1. The administrative procedures for approval of a site plan for property located

within the Planned Development District are set forth in § 154 of this Chapter.

Site plans shall conform to the approved Master Development Plan, including the Master Development design standards.

2. The administrative procedures for approval of a subdivision located within the

Planned Development District shall be those of the Town’s Subdivision Regulations, set forth in the Town Code. Final subdivision plats shall conform to the approved Master Development Plan.

3. Any development, site plan or subdivision approval for land in a Planned

Development District shall be consistent with the provisions of the PN or PRC District as applicable, and the specific Master Development plan applicable to the property, as approved or amended by the Commissioners.

I. Amendment of Master Development Plan. The procedure for amendment of an approved Master Development Plan shall be the same as for a new application, except that minor amendments of a Master Development Plan may be approved by the Planning Commission at a regular meeting. The phrase “minor amendments” includes, but is not limited to, changes to: the location, number or types of uses within the Planned

Development or any phase(s) thereof, subject to guideline (3), below; internal road locations or configurations; the number, type or location of dwelling units, subject to guideline (5) below; and the location of public amenities, services, or utilities. The Planning Commission may only approve minor amendments that increase residential density or intensify nonresidential uses if the amendments provide for enhancement of

the architectural design and landscaping of the area subject to the amendment. Any amendment of a Master Development Plan that adversely impacts upon the delivery or the Town’s cost of public utilities, public services, public infrastructure, or otherwise adversely affects amenities available to the public or the public health and safety shall not be considered a minor amendment. Using the guidelines set forth below, the Planning

Commission shall determine whether the proposed amendment is a “minor amendment.

In addition to the foregoing, an amendment shall be deemed a “minor amendment”, provided that such amendment:

1. Does not conflict with the applicable purposes and land use standards of this

Chapter;

2. Does not prevent reasonable access of emergency vehicle access or deprive

adjacent properties of adequate light and air flow;

72 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Does not significantly change the general character of the land uses of the

approved Master Development Plan;

4. Does not result in any substantial change of major external access points;

5. Does not increase the total approved number of dwelling units or height of

buildings; and

6. Does not decrease the minimum specified setbacks, open space area, or minimum

or maximum specified parking and loading spaces.

J. Conflict with other Articles. Provisions of the Planned Development Floating Zone, when found to be in conflict with other provisions of this Chapter, shall supersede those other provisions with which they conflict. Provisions of the Planned Development Floating zone, when found to be in conflict with provisions of the Queenstown Subdivision Code, shall supersede those provisions with which they conflict.

K. A Planned Development District shall be considered to be a “floating zone” and, under the laws of the State of Maryland, these districts are analogous to special exceptions. The criteria for each Planned Development district shall be as set forth in Town of Queenstown Code and shall be the basis for approval or denial by the Commissioners of Queenstown without the necessity of showing a mistake in the original zoning or a

change in the neighborhood.

Part III. CA Critical Area Overlay District

§ 27. Implementation of the Critical Area Program Purpose and Goals.

A. The Queenstown Critical Area Program

1. The Queenstown Critical Area Program consists of the Queenstown Zoning

Chapter and the Queenstown Critical Area map. Related provisions may also be found in the Queenstown Subdivision Regulations.

B. Goals.

The goals of the Queenstown Critical Area Program are to accomplish the following:

1. Minimize adverse impacts on water quality that result from pollutants that are

73 Queenstown Zoning Ordinance As Introduced 10.24.18 discharged from structures or run off from surrounding lands;

2. Conserve fish, wildlife, and plant habitat; and

3. Establish land use policies for development in the Critical Area which

accommodate growth as well as address the environmental impacts that the number, movement, and activities of people may have on the area.

C. Regulated activities and applicability.

Any applicant for a permit or license to pursue activities within the Critical Area, including but not limited to, development or redevelopment, grading, sediment and erosion control, timber harvesting, shoreline erosion control, installation of a septic system and drain field, operation of a waste collection or disposal facility, operation of a commercial or private marina or other water-related commercial or industrial operation

(whether public or private), mining (whether surface or sub-surface) or quarrying, farming or other agriculture-related activities shall have such permits or licenses issued by the Town after review to determine compliance with the Queenstown Zoning Chapter.

D. Critical Area Overlay District Map.

1. The Official Critical Area Overlay District Map is maintained in force as part of

the Official Zoning Map for Queenstown. The Official Critical Area Map delineates the extent of the Critical Area Overlay District that shall include:

a. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide and all state and private wetlands designated under Title 16 of the Environment Article of the Annotated Code of Maryland.

b. All land and water areas within 1,000 feet beyond the landward boundaries of state or private wetlands and the heads of tides designated under Title 16 of the Environment Article of the Annotated Code of Maryland.

2. Within the designated Critical Area Overlay District, all land shall be assigned

one of the following land management and development area classifications:

a. Intensely Developed Area (IDA).

b. Limited Development Area (LDA).

74 Queenstown Zoning Ordinance As Introduced 10.24.18 c. Resource Conservation Area (RCA).

3. The Critical Area Overlay District Map may be amended by the Town

Commissioners in compliance with amendment provisions in this Chapter, the Maryland Critical Area Law, the Critical Area Criteria and COMAR Title 27.

E. General Requirements

1. Development and redevelopment shall be subject to the Habitat Protection Area

requirements prescribed in this Chapter.

2. Reasonable accommodations for the needs of disabled citizens.

a. An applicant seeking relief from the Critical Area standards contained in this Chapter in order to accommodate the reasonable needs of disabled citizens shall have the burden of demonstrating the following:

(1) The alterations will benefit persons with a disability within the

meaning of the Americans with Disabilities Act;

(2) Literal enforcement of the provisions of this Chapter would result

in discrimination by virtue of such disability or deprive a disabled resident or user of the reasonable use and enjoyment of the property;

(3) A reasonable accommodation would reduce or eliminate the

discriminatory effect of the provisions of this Chapter or store the disabled resident’s or user’s reasonable use or enjoyment of the property;

(4) The accommodation requested will not substantially impair the

purpose, intent, or effect, of the provisions of this Chapter as applied to the property; and

(5) The accommodation would be environmentally neutral with no

greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement, or would allow only the minimum environmental 75 Queenstown Zoning Ordinance As Introduced 10.24.18 changes necessary to address the needs resulting from the particular disability of the applicant/appellant.

b. The Board of Appeals shall determine the nature and scope of any accommodation under this Chapter and may award different or other relief than requested after giving due regard to the purpose, intent, or effect of the applicable provisions of this Chapter. The Board may also consider the size, location, and type of accommodation proposed and whether alternatives exist which accommodate the need with less adverse effect.

c. The Board of Appeals may require, as a condition of approval, that upon termination of the need for accommodation, that the property be restored to comply with all applicable provisions of this Chapter. Appropriate bonds may be collected or liens placed in order to ensure the Town’s ability to restore the property should the applicant fail to do so.

F. Notification of project approval. Applicants are hereby notified that the Town will send copies of applications for all developments, subdivisions, and site plans wholly or partially within the Critical Area as specified in COMAR 27.03.01.04 to the Critical Area Commission for review and comment.

1. The application will be accompanied by a completed “Project Notification

Application” form downloaded from the Critical Area Commission’s website.

2. The Town will not process an application, which has been sent to the Critical

Area Commission for notification until it has received notice of receipt by the Critical Area Commission.

3. Any cation by the Town in violation of these procedures shall be void.

Summary of Notification Requirements Critical Area Commission

(COMAR 27.03.01)

Requires Notification to the Critical Area Commission Yes/No Type of Application IDA LDA RCA

1. Disturbance to a Habitation Protection Area Y Y Y

2. Physical disturbance to the Buffer (see Note 1) Y Y Y

76 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Variance from Critical Area provisions Y Y Y

4. Development resulting in less than 5,000 square feet of N N N

disturbance

5. Development resulting in between 5,000 and 15,000 N N Y

square feet of disturbance

6. Development resulting in greater than 15,000 square Y Y Y

feet of disturbance

7. Subdivision of 3 lots or fewer N N Y

8. Subdivision of 4 to 10 lots N Y Y

9. Subdivision of greater than 10 lots Y Y Y

10. Subdivision affecting Growth Allocation N/A Y Y

11. Intrafamily transfer N/A N/A Y

12. Rezoning that would occur wholly or partially within Y Y Y

the Critical Area

13. Special exception or conditional use for industrial N Y Y

commercial, institutional, non-residential or multi-family

14. Substantial alteration to applications previously Y Y Y

submitted to the Critical Area Commission Note 1: Shore erosion control measures and private piers that do not involve disturbance to the Buffer and are not permitted by MDE do not require Critical Area Commission notification § 28. Intensely Developed Areas.

A. Intensely Developed Areas are defined as, “an area of at least 20 acres or the entire upland portion of the critical area within a municipal corporation, whichever is less, where: residential, commercial, institutional, or industrial developed land uses predominate; and a relatively small amount of natural habitat occurs. These areas include:

an area with a housing density of at least four dwelling units per acre; an area with public water and sewer systems with a housing density of more than three dwelling units per acre.” B. Development standards.

For all development activities in the Intensely Developed Areas, the applicant shall identify any environmental or natural feature described below and meet all of the following standards:

1. The following uses may only be permitted in the IDA only after the activity or

facility has demonstrated to all appropriate local and State permitting agencies 77 Queenstown Zoning Ordinance As Introduced 10.24.18 that there will be a net improvement in water quality to the adjacent body of water. These activities include the following:

a. Nonmaritime heavy industry:

b. Permanent sludge handling, storage, and disposal facilities other than those associated with wastewater treatment facilities. However, agricultural or horticultural use of sludge under appropriate approvals when applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100-foot Buffer.

2. Development activities shall be designed and implemented to minimize

destruction of forest and woodland vegetation;

3. All roads, bridges, and utilities are prohibited in a Habitat Protection Area, unless

no feasible alternative exists. If a road, bridge or utility is authorized the design, construction, and maintenance shall:

a. Provide maximum erosion protection;

b. Minimize negative impact on wildlife, aquatic life, and their habitats; and c. Maintain hydrologic process and water quality.

4. All development activities that must cross or affect streams shall be designed to:

a. Reduce increases in flood frequency and severity that are attributable to development;

b. Retain tree canopy so as to maintain stream water temperature within normal variation;

c. Provide a natural substrate for stream beds; and d. Minimize adverse water quality and quantity impacts of stormwater.

5. All development and redevelopment activities shall include stormwater

management technologies that reduce pollutant loadings by at least 10 percent below the level of pollution on the site prior to development or redevelopment as 78 Queenstown Zoning Ordinance As Introduced 10.24.18 provided in Critical Area 10% Rule Guidance Manual – Fall 2003 and as may be subsequently amended.

6. New expanded or redeveloped industrial or port-related facilities and the

replacement of these facilities may be permitted only in those portions of IDAs that have been designated as Buffer Management Areas (BMAs).

§ 29. Limited Development Areas.

A. Limited Development Areas are defined as, “an area: with a housing density ranging from one dwelling unit per five acres up to four dwelling units per acre; with a public water or sewer system; that is not dominated by agricultural land, wetland, forests, barren land, surface water, or open space; or that is less than 20 acres and otherwise qualifies as an intensely developed area under the definition in this Chapter.”

B. Development standards.

For all development activities in the Limited Development Areas, the applicant shall identify any environmental or natural feature described below, and shall meet all of the following standards:

1. Development and redevelopment shall be subject to the water-dependent facilities

requirements of this Chapter;

2. Roads, bridges, and utilities are prohibited in a Habitat Protection Area unless no

feasible alternative exists. If a road, bridge or utility is authorized the design, construction and maintenance shall:

a. Provide maximum erosion protection;

b. Minimize negative impacts on wildlife, aquatic life and their habitats; and c. Maintain hydrologic processes and water quality.

3. All development activities that must cross or affect streams shall be designed to:

a. Reduce increases in flood frequency and severity that are attributable to development;

b. Retain tree canopy so as to maintain stream water temperature within 79 Queenstown Zoning Ordinance As Introduced 10.24.18 normal variation;

c. Provide a natural substrate for stream beds; and d. Minimize adverse water quality and quantity impacts of stormwater.

4. If a wildlife corridor system is identified by the Department of Natural Resources

on or near the site the following practices are required:

a. The applicant shall incorporate a wildlife corridor system that connects the largest undeveloped or most vegetative tracts of land on and adjacent to the site;

b. A conservation easement, restrictive covenant, or similar instrument approved by the Town shall be provided to ensure maintenance of the wildlife corridor; and c. The wildlife corridor shall be preserved by a public or private group.

5. Development on slopes greater than fifteen percent (15%), as measured before

development, shall be prohibited unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with the policies and standards for Limited Development Areas.

6. Except as otherwise provided in this subsection, lot coverage is limited to 15% of

a lot or parcel or any portions of a lot or parcel that are designated LDA.

a. If a parcel or lot of one-half acre or less in size existed on or before December 1, 1985, then lot coverage is limited to twenty-five (25%) of the parcel or lot.

b. If a parcel or lot greater than one-half acre and less than one acre in size existed on or before December 1, 1985, then lot coverage is limited to fifteen percent (15%) of the parcel or lot.

c. If an individual lot one acre or less in size is part of a subdivision approved after December 1, 1985, then lot coverage may exceed fifteen percent (15%) of the individual lot; however the total lot coverage for the entire subdivision may not exceed fifteen percent (15%).

80 Queenstown Zoning Ordinance As Introduced 10.24.18 d. Lot coverage limits provided in §a and §b above may be exceeded, upon findings by the Planning Commission or its designee that the following conditions exist:

(1) The lot or parcel is legally nonconforming. A lot or parcel legally

developed as of July 1, 2008 may be considered legally nonconforming for the purposes of lot coverage requirements.

(2) Lot coverage associated with new development activities on the

property have been minimized;

(3) For a lot or parcel one-half acre or less in size, total lot coverage

does not exceed the lot coverage limits in §a by more than twentyfive percent (25%) or five hundred square feet (500 square feet), whichever is greater;

(4) For a lot or parcel greater than one-half acre and less than one acre

in size, total lot coverage does not exceed the lot coverage limits in §(b) or five thousand, four hundred and forty-five (5,445) square feet, whichever is greater;

The following table summarizes the limits set forth in §(1) through §(4) above:

Table B6d Lot Coverage Limits Lot/Parcel Size (Square Feet) Lot Coverage Limit 0 – 8,000 25% of parcel + 500

SF

8,001 – 21, 780 31.25% of parcel

21,780 – 36,300 5,445 SF

36,301 – 43,560 15% of parcel e. If the Planning Commission or its designee makes the findings set forth in §d above and authorizes an applicant to use the lot coverage limits set forth in that paragraph, the applicant shall:

(1) Demonstrate that water quality impacts associated with runoff

from the development activities that contribute to lot coverage have been minimized through site design considerations or the use of Best Management Practices to improve water quality; and 81 Queenstown Zoning Ordinance As Introduced 10.24.18

(2) Provide on-site mitigation in the form of plantings to offset

potential adverse water quality impacts from the development activities resulting in new lot coverage. The plantings shall be equal to two times the area of the development activity.

(3) If the applicant cannot provide appropriate stormwater treatment

and plantings due to site constraints, then the applicant shall pay a fee to Queenstown in lieu of performing the on-site mitigation. The amount of the fee shall be $1.50 per square foot of the required mitigation.

7. The alteration of forest and developed woodlands shall be restricted and shall be

mitigated as follows:

a. The total acreage in forest and developed woodlands within the Critical Area shall be maintained or preferably increased;

b. All forests and developed woodlands that are allowed to be cleared or developed shall be replaced in the Critical Area on not less than an equal area basis;

c. If an applicant is authorized to clear more than twenty percent (20%) of a forest or developed woodlands on a lot or parcel, the applicant shall replace the forest or developed woodlands at 1.5 times the areal extent of the forest or developed woodlands cleared, including the first 20 percent of the forest or developed woodlands cleared.

d. An applicant may not clear more than thirty percent (30%) of a forest or developed woodlands on a lot or parcel, unless the Board of Appeals grants a variance and the applicant replaces forest or developed woodlands at a rate of three (3) times the areal extent of the forest or developed woodlands cleared.

e. If an applicant is authorized to clear any percentage of forest or developed woodland the remaining percentage shall be maintained through recorded, restrictive covenants or similar instruments approved by the Town.

8. The following are required for forest or developed woodland clearing as required

in §7 above:

82 Queenstown Zoning Ordinance As Introduced 10.24.18 a. The applicant shall ensure that any plantings that die within twenty-four

(24) months of installation shall be replaced. A performance bond in an

amount determined by Queenstown shall be posted to assure satisfactory replacement as required in §7 above and plant survival;

b. No clearing is allowed until the Town has issued a permit. Forests and developed woodlands which have been cleared before obtaining a permit is a violation and shall be replanted at three (3) times the areal extent of the cleared forest;

c. Clearing of forest or developed woodlands that exceed the maximum area allowed in §7 above or prior to the issuance of a permit shall be replanted at three times the areal extent of the cleared forest; and d. If the areal extent of the site limits the application of the reforestation standards in this section the applicant may be allowed to plant offsite or pay a fee in lieu of planting.

9. If no forest is established on proposed development sites, these sites shall be

planted to provide a forest or developed woodland cover of at least fifteen percent (15%) the applicant shall designate, subject to Town approval, a new forest area on a part of the site not forested.

10. New, expanded or redeveloped industrial facilities may only be permitted in LDA

if such a use is permitted in the underlying zoning district and provided such facilities meet all requirements for development in the LDA.

11. All forest, including afforested area, shall be maintained as forest cover through

easements, restrictive covenants or other protective instruments approved by the Town.

§ 30. Resource Conservation Areas.

A. Resource Conservation Areas are defined as, “an area that is characterized by nature dominated environments, such as wetlands, surface water, forests, and open space; and resource–based activities, such as agriculture, forestry, fisheries, or aquaculture. Resource conservation areas include areas with a housing density of less than one dwelling per five acres.” 83 Queenstown Zoning Ordinance As Introduced 10.24.18

B. Development standards.

For all development activities and resource utilization in the Resource Conservation Areas, the applicant shall meet all of the following standards:

1. Land use management practices shall be consistent with the policies and criteria

for the Habitat Protection Area provisions of this Chapter.

2. Land within the Resource Conservation Area may be developed for residential

uses at a density not to exceed one dwelling unit per 20 acres.

3. Development activity within the Resource Conservation Areas shall be consistent

with the requirements and standards for Limited Development Areas as specified in this Chapter. For the purposes of calculating limitations on lot coverage, is as follows:

a. When a site is mapped entirely as RCA, lot coverage is based on the entire site area; and b. When a portion of a lot or parcel is mapped as RCA, lot coverage is based on the area of the RCA.

4. Nothing in this section shall limit the ability of a land owner to participate in any

agricultural easement program or to convey real property impressed with such an easement to family members provided that no such conveyance will result in a density greater than one dwelling unit per 20 acres.

5. A commercial, institutional, or industrial solar energy generating system may be

permitted in accordance with COMAR 27.01.15.

§ 31. Land Use and Density.

A. Permitted Uses

1. Permitted uses in the Critical Area shall limited to those uses allowed by the

underlying zoning classification as modified by Table A1a and the supplemental use standards in § 32 provided such uses meet all standards established for the Critical Area Overlay District.

84 Queenstown Zoning Ordinance As Introduced 10.24.18 Table A1a Permitted Uses

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning Land Use district Management NP = Not permitted Designation

ID LD RC

ITEM USE DESCRIPTION A A A

1.00 RESIDENTIAL

1.10 Accessory Dwelling Unit P P PC

2.00 INSTITUTIONAL

2.10 Existing institutional uses P P PC 2.20 New institutional uses P P NP 2.30 Cemetery P P PC 2.40 Group Home P P PC 2.50 Day Care P P PC

3.00 COMMERCIAL

3.10 Existing commercial uses P P PC 3.20 New commercial uses P P NP 3.30 Home occupation P P PC 3.40 Bed and breakfast facility P P PC

4.00 MARITIME/WATER DEPENDENT

4.10 Expansion of existing commercial marinas P P PC 4.20 New marina, commercial P P NP 4.30 Community piers and noncommercial boat docking and storage P P PC Public beaches and public water-oriented recreational and 4.40 educational areas P P PC 4.50 Research Areas P P PC 4.60 Fisheries activities P P P 4.70 Structures on Piers PC PC PC 4.80 Private pier P P P

5.00 RECREATION

5.10 Golf course P P PC

6.00 INDUSTRIAL

6.10 Existing industrial uses P P PC 6.20 New industrial uses P PC NP 85 Queenstown Zoning Ordinance As Introduced 10.24.18

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning Land Use district Management NP = Not permitted Designation

ID LD RC

ITEM USE DESCRIPTION A A A

6.30 Non-maritime heavy industry P NP NP

TRANSPORTATION/PARKING/COMMUNICATIONS/UTILI

7.00 TIES

7.10 Utility transmission facilities PC PC PC

8.00 PUBLIC/QUASI-PUBLIC

8.10 Sanitary landfill; rubble fill PC PC PC 8.20 Solid or hazardous waste collection or disposal facilities PC PC NP 8.30 Sludge Facilities PC PC NP B. Maximum Permitted Density

1. The maximum permitted density for properties located in the Queenstown Critical

Area shall be as shown in Table B1.

Table B1 Maximum Residential Density (Dwelling Units Per Acre) Land Use Management Designation

IDA LDA RCA

Density permitted by Density permitted by Underlying 1 dwelling unit per Underlying Zoning Zoning 20 acres

2. Calculation of 1-in-20 acre density of development.

In calculating the 1-in-20 acre density of development that is permitted on a parcel located within the Resource Conservation Area, the Town:

a. Shall count each dwelling unit;

b. May permit the area of any private wetlands located on the property to be included under the following conditions:

86 Queenstown Zoning Ordinance As Introduced 10.24.18

(1) The density of development on the upland portion of the parcel

may not exceed one dwelling unit per eight (8) acres; and

(2) The area of private wetlands shall be estimated on the basis of

vegetative information as designated on the State wetlands maps or by private survey approved by the Town, the Commission, and the State Department of the Environment.

§ 32. Supplemental Use Standards.

The following supplemental use standards apply to the permitted uses listed in Table A(1)(a) above and shall apply when the permitted use is allowed in the underlying zoning district.

A. Accessory Dwelling Unit (1.10)

1. If a permitted use in the underlying zoning district, one additional dwelling unit

(accessory dwelling unit) as part of a primary dwelling unit may be permitted in the Resource Conservation Area (RCA) provided the additional dwelling unit is served by the Queenstown sewer system and:

a. is located within the primary dwelling unit or its entire perimeter is within 100 feet of the primary dwelling unit and does not exceed 900 square feet in total enclosed areas; or b. is located within the primary dwelling unit and does not increase the amount of lot coverage already attributed to the primary dwelling unit.

2. An additional dwelling unit meeting all of the provisions of this section may not

be subdivided or conveyed separately from the primary dwelling unit; and

3. The provisions of this section may not be construed to authorize the granting of a

variance, unless the variance is granted in accordance with the variance provisions contained herein.

B. Existing institutional uses (2.10)

1. Existing institutional facilities shall be allowed in Resource Conservation Areas.

2. Expansion of existing institutional facilities and uses in the Resource

87 Queenstown Zoning Ordinance As Introduced 10.24.18 Conservation Area shall be subject to the non-conforming use provisions of this Chapter and the Grandfathering provisions in § 34 and may require growth allocation.

C. New institutional uses (2.20)

1. New institutional facilities and uses, except those specifically listed shall not be

permitted in Resource Conservation Areas (RCAs).

2. Certain institutional uses may be permitted if allowed in the underlying zoning

district and if the use complies with all requirements for such uses in this Chapter.

These institutional uses are limited to:

a. A cemetery that is an accessory use to an existing church; provided manmade lot coverage is limited to 15 percent of the site or 20,000 square feet, whichever is less;

b. A day care facility in a dwelling where the operators live on the premises and there are no more than eight (8) children;

c. A group home or assisted living facility with no more than eight (8) residents; and d. Other similar uses determined by the Town and approved by the Critical Area Commission to be similar to those listed above.

D. Existing Commercial Uses (3.10)

1. Existing commercial facilities and uses, including those that directly support

agriculture, forestry, aquaculture or residential development shall be allowed in Resource Conservation Areas.

2. Expansion of existing commercial facilities and uses in the Resource

Conservation Area shall be subject to the non-conforming use provisions of this Chapter and the Grandfathering provisions in § 34 and may require growth allocation.

E. New commercial uses (3.20) 88 Queenstown Zoning Ordinance As Introduced 10.24.18

1. New commercial uses, except those specifically listed, shall not be permitted in

Resource Conservation Areas (RCAs).

2. Certain commercial uses may be permitted if allowed in the underlying zoning

district and if the use complies with all requirements for such uses in this Chapter.

These commercial uses are limited to:

a. A home occupation as an accessory use on a residential property and as provided for in this Chapter;

b. A bed and breakfast facility located in an existing residential structure and where meals are prepared only for guests staying at the facility; and F. Golf course (5.10)

1. A golf course, excluding main buildings and/or structures such as the clubhouse,

pro-shop, parking lot, etc., may be permitted in Resource Conservation Areas (RCAs) provided:

a. Such use is a permitted use allowed in the underlying zoning district; and b. Development is in accordance with the official guidance adopted by the Critical Area Commission on August 3, 2005.

G. Existing industrial uses (6.10)

1. Existing industrial facilities and uses, including those that directly support

agriculture, forestry, or aquaculture may be permitted in Resource Conservation Areas (RCAs).

2. Expansion of existing industrial facilities and use in the Resource Conservation

Area shall be subject to the non-conforming use provisions of this Chapter and the Grandfathering provisions in § 34 and may require growth allocation..

H. New industrial uses (6.20)

1. New industrial uses shall not be permitted in Resource Conservation Areas

(RCA).

89 Queenstown Zoning Ordinance As Introduced 10.24.18

2. New, expanded or redeveloped industrial facilities may only be permitted in

Limited Development Areas (LDA) if permitted uses in the underlying zoning district and provided such facilities meet all requirements for development in the LDA.

3. New, expanded or redeveloped industrial or port-related facilities and the

replacement of these facilities may be permitted only in those portions of Intensely Developed Areas (IDAs) that have been designated as Buffer Management Areas.

I. Non-maritime heavy industry (6.3)

1. Non-maritime heavy industry may be permitted if:

a. The site is located in an Intensely Developed Area (IDA); and b. The activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water.

J. Utility transmission facilities (7.10)

1. Utility transmission facilities, except those necessary to serve permitted uses, or

where regional or interstate facilities must cross tidal waters, may be permitted in the Critical Area provided:

a. The facilities are located in Intensely Developed Areas (IDAs); and b. Only after the activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water.

2. These provisions do not include power plants.

K. Sanitary landfill; rubble fill (8.10)

1. Sanitary landfills or rubble fills may not be permitted in the Critical Area unless

no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing 90 Queenstown Zoning Ordinance As Introduced 10.24.18 water quality or wastewater management problem.

2. Existing, permitted facilities shall be subject to the standards and requirements of

the Department of the Environment.

L. Solid or hazardous waste collection or disposal facilities (8.20)

1. Solid or hazardous waste collection or disposal facilities, including transfer

stations may not be permitted in the Critical Area unless no environmentally acceptable alternative exists outside the Critical Area, and these development activities or facilities are needed in order to correct an existing water quality wastewater management problem.

2. Existing, permitted facilities shall be subject to the standards and requirements of

the Department of the Environment.

M. Sludge Facilities (8.40)

1. Permanent sludge handling, storage and disposal facilities, other than those

associated with wastewater treatment facilities may be permitted in the Critical Area provided:

a. The facility or activity is located in an Intensely Developed Areas; and b. Only after the activity or facility has demonstrated to all appropriate local and State permitting agencies that there will be a net improvement in water quality to the adjacent body of water.

2. Agricultural or horticultural use of sludge under appropriate approvals when

applied by an approved method at approved application rates may be permitted in the Critical Area, except in the 100 foot-Buffer.

§ 33. Growth Allocation.

A. Growth allocation acreage and deductions. Growth allocation available to Queenstown includes:

1. An area equal to five (5) percent of the RCA acreage located within Queenstown

and;

91 Queenstown Zoning Ordinance As Introduced 10.24.18

2. Growth allocation totaling 200 acres made available to Queenstown by Queen

Anne’s County. As of March 1, 2021 the growth allocation remaining is 67.09 acres.

3. Growth Allocation reserves will be deducted in accordance with COMAR

27.01.02.06-4.

B. Growth Allocation Floating Zone District GA.

1. Purpose. The Growth Allocation Floating Zone is not mapped but is designated

for use in areas classified as Resource Conservation Areas (RCA) and/or Limited Development Area (LDA) within the Queenstown Critical Area Overlay District.

The purpose of the floating zone is to permit a change in the land management classification established in the Critical Area Overlay District on specific sites so that they may be developed to the extent permitted by the underlying zoning classification or the land use management classification. Only projects which have been approved by the Town Commissioners for award of the Critical Area Growth Allocation are eligible for floating zones.

2. Designation of floating zones.

a. The Growth Allocation District GA shall be a floating zone.

b. The Growth Allocation District GA provides for changing the land management classification of Resource Conservation Areas (RCA's) and Limited Development Areas (LDA's) in the Critical Area Overlay District.

C. Standards.

When locating new Intensely Developed or Limited Development Areas the following standards shall apply:

1. Except as may be provided in subsection (9) below, a new Intensely Developed

Area shall only be located in a Limited Development Area or adjacent to an existing Intensely Developed Area;

2. Except as may be provided in subsection (9) below, a new Limited Development

Area shall only be located adjacent to an existing Limited Development Area or an Intensely Developed Area:

3. Except as may be provided in subsection (9) below, new Intensely Developed

92 Queenstown Zoning Ordinance As Introduced 10.24.18 Areas shall be at least 20 acres in size unless:

a. They are contiguous to an existing IDA or LDA; or b. They are a grandfathered commercial or industrial use, which existed as of January 17, 1989. The amount of growth allocation deducted shall be equivalent to the area of the entire parcel or parcels subject to the growth allocation request.

4. Except as may be provided in subsection (9) below, no more than one-half of the

Queenstown’s growth allocation may be located in Resource Conservation Areas (RCAs);

5. A new Limited Development Area or Intensely Developed Area shall be located

in a manner that minimizes impacts to Habitat Protection Area as defined herein and in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality;

6. New Intensely Developed Areas shall only be located where they minimize the

impacts to the defined land uses of the Resource Conservation Area (RCA);

7. A new Intensely Developed Area or a Limited Development Area in a Resource

Conservation Area shall be located at least 300 feet beyond the landward edge of tidal wetlands or tidal waters;

8. New Intensely Developed or Limited Development Areas to be located in

Resource Conservation Areas shall conform to all criteria of this Chapter for such areas, shall be so designated on the Queenstown Critical Area Maps and shall constitute an amendment to this Chapter subject to review by the Queenstown Planning Commission and approval by the Town Commissioners and the Critical Area Commission as provided herein.

9. The Town Commissioners recognize that the Town may not be able to utilize

growth allocation acreage in the locations set forth in subsections 1 and 2 above, and/or may not satisfy the 20 acre size threshold set forth in subsection 3 above, and further recognize that the majority of its critical area lands for which growth allocation is planned are currently classified as Resource Conservation Areas.

Accordingly, in the event that the Town is unable to satisfy any or all of the criteria set forth in subsection 1-4, the Town may utilize a portion of its growth 93 Queenstown Zoning Ordinance As Introduced 10.24.18 allocation in manner that varies from subsections 1, 2, 3 and/or 4 above, provided that the area to receive growth allocation meets the following standards:

a. Any development will be serviced by public water and sewer;

b. The area is located in a Priority Funding Area;

c. The development is consistent with the Queenstown Comprehensive Plan;

and d. The development will have an overall economic benefit to the community, or implements a specific goal, objective or policy of the Queenstown Comprehensive Plan.

D. Additional Factors.

In reviewing map amendments or refinements involving the use of growth allocation the Planning Commission and Town Commissioners shall consider the following factors:

1. Consistency with Queenstown Comprehensive Plan and whether the growth

allocation would implement the goals and objectives of the adopted plan.

“Consistency with” means that a standard or factor will further, and not be contrary to the following items in the comprehensive plan:

a. Policies;

b. Timing of the implementation of the plan, of development, and of rezoning;

c. Development patterns;

d. Land uses; and e. Densities or intensities.

2. For a map amendment or refinement involving a new Limited Development Area

whether the development is:

a. To be served by a public wastewater system;

94 Queenstown Zoning Ordinance As Introduced 10.24.18 b. A completion of an existing subdivision;

c. An expansion of an existing business; or d. To be clustered.

3. For a map amendment or refinement involving a new Intensely Developed Area,

whether the development is:

a. To be served by a public wastewater system;

b. If greater than 20 acres, to be located in a designated Priority Funding Area; and c. To have a demonstrable economic benefit.

4. The use of existing public infrastructure, where practical;

5. Consistency with State and regional environmental protection policies concerning

the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site;

6. Impacts on a priority preservation area;

7. Environmental impacts associated with wastewater and stormwater management

practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and

8. Environmental impacts associated with location in a coastal hazard area or an

increased risk of severe flooding attributable to the proposed development and/or sea level rise.

§ 34. Grandfathering.

A. Continuation of existing uses.

1. The continuation, but not necessarily the intensification or expansion, of any use

95 Queenstown Zoning Ordinance As Introduced 10.24.18 in existence on January17, 1989 may be permitted, unless the use has been abandoned for more than one year or is otherwise restricted by existing municipal Chapters.

2. If any existing use does not conform with the provisions of this Chapter, its

intensification or expansion may be permitted only in accordance with the variance procedures in § 35.

B. Residential density on Grandfathered Lots.

1. Except as otherwise provided, the following types of land are permitted to be

developed with a single-family dwelling, if a dwelling is not already placed there, notwithstanding that such development may be inconsistent with the density provisions of this Chapter.

a. A legal parcel of land, not being part of a recorded or approved subdivision that was recorded as of December 1, 1985 b. Land that received a building permit subsequent to December 1, 1985, but prior to January 17, 1989.

c. Land that was subdivided into recorded, legally buildable lots, where the subdivision received final approval between June 1, 1984 and December 1, 1985;

d. Land that was subdivided into recorded, legally buildable lots, where the subdivision received the final approval after December 1, 1985 and provided that either development of any such land conforms to the IDA, LDA or RCA requirements in this Chapter or the area of the land has been counted against the growth allocation permitted under this Chapter.

e. Any land on which development activity has progressed to the point of pouring of foundation footings or the installation of structural members prior to January 17, 1989.

96 Queenstown Zoning Ordinance As Introduced 10.24.18 C. Consistency.

1. For purposes of implementing this regulation, Queenstown has determined, based

on land uses and development in existence of December 1, 1985, which land areas fall within the three (3) types of development areas described in this Chapter.

2. Nothing in this Section may be interpreted as altering any requirements of this

Chapter related to water-dependent facilities or Habitat Protection Areas.

§ 35. Variances.

A. Applicability.

Queenstown has established provisions where, owing to special features of a site or other circumstances, implementation of this Chapter or a literal enforcement of provisions within this Chapter would result in unwarranted hardship, a Critical Area variance may be obtained.

1. In considering an application for a variance, the Board of Appeals shall presume

that the specific development activity in the Critical Area, that is subject to the application and for which a variance is required, does not conform with the general purpose and intent of Natural Resources Article, Title 8 Subtitle 18, COMAR Title 27, and the requirements of this Chapter.

2. Unwarranted hardship means that without a variance, an applicant would be

denied reasonable and significant use of the entire parcel or lot for which the variance is requested.

B. Standing. In accordance with Natural Resources Article, §8-1808(d)(2), Annotated Code of Maryland, if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.

C. Standards.

The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:

1. Special conditions or circumstances exist that are peculiar to the land or structure

involved and that a literal enforcement of provisions and requirements of this 97 Queenstown Zoning Ordinance As Introduced 10.24.18 Chapter would result in unwarranted hardship;

2. A literal interpretation of the provisions of this Chapter will deprive the applicant

of the use of land or a structure permitted to others in accordance with the provisions of this Chapter which would deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area;

3. The granting of a variance will not confer upon an applicant any special privilege

that would be denied by this Chapter to other lands or structures within the Critical Area;

4. The variance request is not based upon conditions or circumstances which are the

result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming on any neighboring property; and

5. The granting of a variance shall not adversely affect water quality or adversely

impact fish, wildlife or plant habitat within the Critical Area and the granting of the variance will be in harmony with the general spirit and intent of the Critical Area Law and this Chapter.

6. The granting of the variance will be in harmony with the general spirit and intent

of the State Critical Area Law and this Chapter.

D. Process.

Applications for a variance will be made in writing to the Board of Appeals with a copy provided to the Critical Area Commission. The Board of Appeals shall follow its established procedures for advertising and notification of affected landowners.

1. After hearing an application for a Critical Area variance, the Board of Appeals

shall make written findings reflecting analysis of each standard. With due regard for the person’s technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

a. The applicant;

b. Queenstown or any other government agency; or 98 Queenstown Zoning Ordinance As Introduced 10.24.18 c. Any other person deemed appropriate by Town officials.

2. If the variance request is based on conditions or circumstances that are the result

of actions by the applicant, the Board of Appeals shall consider that fact.

Queenstown shall consider that fact, and whether the application has met the requirements of Part E below.

3. The applicant has the burden of proof and the burden of persuasion to overcome

the presumption of nonconformance established in §A above.

4. The Board of Appeals shall notify the Critical Area Commission of its findings

and decision to grant or deny the variance request within ten (10) working days after issuance of a written variance decision.

E. Findings.

Based on competent and substantial evidence, the Board of Appeals shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in §A above, and if applicable §B above. With due regard for the person’s technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:

1. The applicant and any witnesses of the applicant;

2. Town Officials or staff or any other government agency; or

3. Any other person deemed appropriate by the Board of Appeals.

99 Queenstown Zoning Ordinance As Introduced 10.24.18 F. After-the-Fact Requests.

1. The Town will not accept an application of a variance to legalize a violation of

this subtitle, including an unpermitted structure or other development activity until the Town has:

a. Issued a notice of violation; and b. Assessed an administrative or civil penalty for the violation.

2. The Town will not approve an after-the-fact variance unless an applicant has:

a. Fully paid all administrative, civil and criminal penalties imposed under Natural Resources Article, §8-1808(c)(l)(iii)14-15 and (2)(i), Annotated Code of Maryland;

b. Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources as a result of the violation; and c. Performed the abatement measures in the approved plan in accordance with this Chapter.

3. If the Board denies the requested after-the-fact variance, then the Town will:

a. Order removal or relocation of any structure; and b. Order restoration of the affected resources.

4. Application for an after-the-fact variance constitutes a waiver of the right to

appeal the terms of a notice of violation and its final adjudication, including the payment of any penalties and costs assessed.

G. Appeals.

Appeals from a decision concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by

any decision made under this Chapter.

100 Queenstown Zoning Ordinance As Introduced 10.24.18 H. Conditions and mitigation.

The Board of Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of this Chapter is maintained including, but not limited to the following:

1. Adverse impacts resulting from the granting of the variance shall be mitigated, by

planting on the site at the rate of at least three to one per square foot of the variance from lot coverage granted.

2. New or expanded structures or lot coverage shall be located the greatest possible

distance from mean high water, the landward edge of tidal wetlands, tributary streams, nontidal wetlands, or steep slopes.

I. Commission notification.

Within ten (10) working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. No permit for the activity that was the subject of the application will be issued until the applicable 30- day appeal period has elapsed.

§ 36. Lot Consolidation and Reconfiguration.

A. Applicability The provisions of this section apply to a consolidation or a reconfiguration of any nonconforming legal grandfathered parcel or lot. These provisions do not apply to the reconfiguration or consolidation of parcels or lots which are conforming or meet all Critical Area requirements. Nonconforming parcels or lots include:

1. Those for which a Critical Area variance is sought or has been issued; and

2. Those located in the Resource Conservation Area and are less than 20 acres in

size.

B. Procedure An applicant seeking a parcel or lot consolidation or reconfiguration shall provide the information required in COMAR 27.01.02.08.E.

101 Queenstown Zoning Ordinance As Introduced 10.24.18

1. Queenstown will not approve a proposed parcel or lot consolidation or

reconfiguration without making written findings in accordance with COMAR 27.01.02.08.F.

2. The Planning Commission shall issue a final written decision or order granting or

denying an application for a consolidation or reconfiguration.

a. After a final written decision or order is issued, the Planning Commission shall send a copy of the decision or order and a copy of any approved development plan within ten (10) business days by U.S. mail to the Critical Area Commission’s business address.

§ 37. Amendments.

A. Amendments.

The Town Commissioners may from time to time amend the Critical Area provisions of this Chapter. Changes may include, but are not limited to amendments, revisions, and modifications to these zoning regulations, Critical Area Maps, implementation procedures, and local policies that affect Queenstown’s Critical Area. All such amendments, revisions, and modifications shall also be approved by the Critical Area

Commission as established in §8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law §8-1809(i) and §8-1809(d), respectively.

B. Zoning map amendments.

Except for program amendments or program refinements developed during a six-year comprehensive review, a zoning map amendment may only be granted by Town Commissioners upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria:

1. Are wholly consistent with the land classifications as shown on the adopted

Official Critical Area Overlay Map; or

2. The use of growth allocation in accordance with the growth allocation provisions

102 Queenstown Zoning Ordinance As Introduced 10.24.18 of this Chapter is proposed.

C. Process.

1. When an amendment is requested, the applicant shall submit the amendment to

the Planning Commission for review and research. Upon completing Findings of Fact, these documents shall be forwarded to the Town Commissioners.

2. Town Commissioners shall hold a public hearing at which parties of interest and

citizens shall have an opportunity to be heard. At least fourteen (14) days’ notice of the time and place of such hearing shall be published in a newspaper of general circulation in Queenstown.

3. After the Town Commissioners approve an amendment, they shall forward their

decision and applicable resolutions along with the amendment request to the Critical Area Commission for final approval.

§ 38. Enforcement.

A. Consistency.

The Critical Area provisions of this Chapter, in accordance with the Critical Area Act and Criteria supersede any inconsistent law, Chapter or plan of Queenstown. In the case of conflicting provisions, the stricter provisions shall apply.

B. Violations.

1. No person shall violate any provision of this Chapter. Each violation that occurs

and each calendar day that a violation continues shall be a separate offense.

2. Each person who violates a provision of this Chapter shall be subject to separate

administrative civil penalties, abatement and restoration orders, and mitigation for each offense.

3. Noncompliance with any permit or order issued by the Town related to the

Critical Area shall be a violation of this Chapter and shall be enforced as provided herein.

C. Responsible persons.

103 Queenstown Zoning Ordinance As Introduced 10.24.18 The following persons may each be held jointly or severally responsible for a violation:

(1) persons who apply for or obtain any permit or approval, (2) contractors, (3)

subcontractors, (4) property owners, (5) managing agents, or (6) any person who has committed, assisted, or participated in the violation.

D. Required enforcement action.

In the case of violations of this Chapter, the Town shall take enforcement action including:

1. Assess administrative civil penalties as necessary to cover the costs associated

with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans;

2. Issue abatement, restoration, and mitigation orders as necessary to:

a. Stop unauthorized activity;

b. Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits; and

3. Require the implementation of mitigation measures, in addition to restoration

activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.

E. Right to enter property.

Except as otherwise authorized and in accordance with the procedures specified herein, the Town Commissioners or their designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if the Town has probable cause to believe that a violation of this Chapter has occurred, is occurring, or will occur. Town officials shall make a reasonable effort to

contact a property owner before obtaining access to or enter the property. If entry is denied, the Town may seek an administrative search warrant to enter the property to pursue an enforcement action.

F. Administrative civil penalties.

104 Queenstown Zoning Ordinance As Introduced 10.24.18 In addition to any other penalty applicable under State or Town law, every violation of a provision of Natural Resources Article, Title 8 Subtitle 18 or Critical Area provisions of this Chapter shall be punishable by a civil penalty of up to $10,000 per calendar day.

1. Before imposing any civil penalty, the person(s) believed to have violated this

Chapter shall receive: written notice of the alleged violation(s) including which, if any, are continuing violations, and an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil

penalty, the Town shall consider:

a. The gravity of the violation;

b. The presence or absence of good faith of the violator;

c. Any willfulness or negligence involved in the violation including a history of prior violations;

d. The environmental impact of the violation; and e. The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to Queenstown for performing, supervising, or rendering assistance to the restoration and mitigation.

2. Administrative civil penalties for continuing violations shall accrue for each

violation, every day each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued.

3. The person responsible for any continuing violation shall promptly provide the

Town with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for Town inspection to verify compliance.

Administrative civil penalties for continuing violations continue to accrue as set forth herein until the Town receives such written notice and verifies compliance by inspection or otherwise.

105 Queenstown Zoning Ordinance As Introduced 10.24.18

4. Assessment and payment of administrative civil penalties shall be in addition to

and not in substitution for recovery by the Town of all damages, costs, and other expenses caused by the violation.

5. Payment of all administrative civil penalties assessed shall be a condition

precedent to the issuance of any permit or other approval required by this Chapter.

G. Cumulative remedies.

The remedies available to the Town under this Chapter are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.

H. Injunctive relief.

The Town may institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this Chapter, an administrative order, a permit, a decision, or other imposed condition.

1. The pendency of an appeal to the Board of Appeals or subsequent judicial review

shall not prevent the Town from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review.

I. Variances pursuant to a violation.

In accordance with Part 16.E, the Town may not accept an application for a variance to legalize a violation of this Ordinance, including an unpermitted structure or development activity, unless the Town has first issued a notice of violation, including an assessment of an administrative or civil penalty for the violation.

J. Permits pursuant to a violation.

The Town will not issue any permit, approval, variance, or special exception, unless the person seeking the permit has:

1. Fully paid all administrative, civil, or criminal penalties as set forth in §F above;

2. Prepared a restoration or mitigation plan, approved by the Town, to abate impacts

to water quality or natural resources as a result of the violation;

106 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Performed the abatement measures in the approved plan in accordance with all

Town regulations; and

4. Unless an extension of time is approved by the Town because of adverse planting

conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.

K. Appeals.

An appeal to the Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by the Town in connection with the administration and enforcement of this Chapter.

1. An appeal is taken by filing a written notice of appeal with the Board of Appeals

in accordance with the provisions of the Chapter and accompanied by the appropriate filing fee.

2. An appeal must be filed within thirty (30) days after the date of the decision or

order being appealed; and

3. An appeal stays all actions by the Town seeking enforcement or compliance with

the order or decisions being appealed, unless the Town certifies to the Board of Appeals that (because of facts stated in the certificate) such stay will cause imminent peril to life or property. In such a case, action by the Town shall not be stayed except by order of a court on application of the party seeking the stay.

§ 39. The Buffer.

A. Applicability and Delineation An applicant for a development activity or a change in land use shall apply all of the required standards for a minimum 100-foot Buffer as described in this part. The minimum 100-foot Buffer shall be delineated in the field and shall be shown on all applications as follows:

1. The minimum 100-foot Buffer is delineated, based on existing field conditions,

landward from:

107 Queenstown Zoning Ordinance As Introduced 10.24.18 a. The mean high water line of tidal water;

b. The edge of each bank of a tributary stream; and c. The landward boundary of a tidal wetland.

2. The Buffer shall be expanded beyond the minimum 100-foot Buffer as described

in §A1 above and the minimum 200-foot Buffer as described in §A3 below, to include the following contiguous land features:

a. A steep slope at a rate of four (4) feet for every one percent (1%) of slope or the entire steep slope to the top of the slope, whichever is greater;

b. A nontidal wetland to the upland boundary of the nontidal wetland;

c. The 100-foot buffer that is associated with a Nontidal Wetland of Special State Concern as stated in COMAR §26.23.06.01;

d. For an area of hydric soils or highly erodible soils, the lesser of:

(1) The landward edge of the hydric or highly erodible soils; or

(2) Three hundred feet where the 300 foot expansion area includes the

minimum 100-foot Buffer.

3. Applications for a subdivision or for a development activity on land located

within the RCA requiring site plan approval after July 1, 2008 shall include:

a. An expanded Buffer in accordance with §A(2) above; or b. A Buffer of at least two hundred (200) feet from a tidal waterway or tidal wetlands; and a Buffer of at least 100-feet from a tributary stream, whichever is greater.

4. The provisions of §A(3) above do not apply if:

a. The application for subdivision or site plan approval was submitted before July 1, 2008, and were legally recorded (subdivisions) or received final site plan approval (site plans), by July 1, 2010;

108 Queenstown Zoning Ordinance As Introduced 10.24.18 b. The application involves the use of growth allocation.

B. Permitted activities.

If approved by the Town, in conjunction with an approved Buffer management plan, disturbance to the Buffer is permitted for the following activities only

1. A new development or redevelopment activity associated with a water-dependent

facility; or

2. A shore erosion control activity constructed in accordance with COMAR

26.24.02, COMAR 27.01.04, and this Chapter;

3. A development or redevelopment activity approved in accordance with the

variance provisions of this Chapter;

4. A new development or redevelopment activity on a lot or parcel that was created

before January 1, 2010 where:

(a) The Buffer is expanded for highly erodible soil on a slope less than 15

percent or is expanded for a hydric soil and the expanded Buffer occupies at least 75% of the lot or parcel;

(b) The development or redevelopment is located in the expanded portion of

the Buffer and not within the 100-foot Buffer; and

(c) Mitigation occurs at a 2:1 ratio based on the lot coverage of the proposed

development activity that is in the expanded Buffer.

5. The installation or replacement of septic systems on a lot created before January

17, 1989 where:

(a) The Health Department has determined that the Buffer is the only

available location for the septic system; and

(b) Mitigation is provided at a ratio of 1:1 for the area of canopy cleared of

any forest or developed woodland.

6. Riparian access for water access, where mitigation is required at a rate of 2:1.

109 Queenstown Zoning Ordinance As Introduced 10.24.18 C. Buffer establishment in vegetation.

1. The requirements of this regulation are applicable to:

a. A development or redevelopment activity that occurs on a lot or parcel that includes a Buffer to tidal waters, a tidal wetland, or a tributary stream if that development or redevelopment activity is located outside the buffer;

and b. The approval of a subdivision that includes a Buffer to tidal waters, a tidal wetland, or a tributary stream.

2. If an applicant for a subdivision of a lot uses or leases the lot for an agricultural

purpose, the applicant:

a. In accordance with local land recordation requirements, shall record an approved Buffer Management Plan under F of this Chapter; and b. May delay implementation of the Buffer Management Plan until the use of the lot is converted to a nonagricultural purpose.

3. The requirements of this regulation are not applicable to an in-kind replacement

of a structure.

4. The applicant shall establish the Buffer in vegetation in accordance with the table

below and E of this Chapter and provide a Buffer Management Plan under F when an applicant applies for:

a. Approval of a subdivision;

b. Conversion from one land use to another land use on a lot or a parcel; or c. Development on a lot or a parcel created before January 1, 2010.

5. When the Buffer is not fully forested or is not fully established in existing,

naturally occurring woody or wetland vegetation, an applicant shall establish the buffer to the extent required in COMAR 27.01.09.01-1(C).

Table C.4 Buffer establishment requirements 110 Queenstown Zoning Ordinance As Introduced 10.24.18 Development Category Lot Created Before January 17, Lot Created After January 17, 1989 1989 Development on a vacant lot Establish the Buffer based on Fully establish the Buffer total square footage of lot coverage outside the Buffer Subdivision Fully establish the buffer New lot with an existing dwelling Establish the Buffer based on total square footage of lot coverage

unit outside the Buffer Conversion of a land use on a Fully establish the Buffer parcel or lot to another land use Addition, accessory structure, or Establish the Buffer based on net square footage increase in lot redevelopment coverage outside the Buffer Substantial alteration Establish the Buffer based on total square footage of lot coverage outside the Buffer

6. The Town may authorize an applicant to deduct from the total establishment

requirement an area of lot coverage removed from the Buffer if:

a. The lot coverage existed before the date of local program adoption or was allowed by local procedures; and b. The total area is stabilized.

D. Mitigation for impacts to the Buffer.

An applicant for a development activity that includes disturbance to the Buffer shall mitigate for impacts to the Buffer and shall provide a Buffer Management Plan in accordance with the standards set forth in this section.

1. Authorized development activities may include a variance, subdivision, site plan,

shore erosion control permit, building permit, grading permit, and special exception, septic system approved by the Health Department on a lot created before January 17, 1989.

2. All authorized development activities shall be mitigated according to COMAR

27.01.09.01-2.

3. All unauthorized development activities in the Buffer shall be mitigated at a ratio

of 4:1 for the area of disturbance in the Buffer.

111 Queenstown Zoning Ordinance As Introduced 10.24.18

4. Planting for mitigation shall be planted onsite within the Buffer. If mitigation

planting cannot be located within the Buffer, the Town may permit planting in the following order of priority:

a. On-site and adjacent to the Buffer; and b. On-site elsewhere in the Critical Area; and c. Fee-in-lieu in accordance with §39.I. of this Section and COMAR 27.01.09.01-5.

E. Buffer Planting Standards.

1. An applicant that is required to plant the Buffer for Buffer establishment or Buffer

mitigation shall apply the planting standards set forth in COMAR 27.01.09.01-2.

2. A variance to the planting and mitigation standards of this Chapter is not

permitted.

F. Required Submittal of Buffer Management Plans.

An applicant that is required to plant the Buffer to meet establishment or mitigation requirements shall submit a Buffer Management Plan as provided in COMAR 27.01.09.01-3 with the application for the specific activity. The provisions of this part do not apply to maintaining an existing grass lawn or an existing garden in the Buffer.

1. A Buffer Management Plan that includes planting for establishment shall be

submitted with all other application materials, and shall clearly specify the area to be planted and state if the applicant is:

a. Fully establishing the Buffer;

b. Partially establishing an area of the Buffer equal to the net increase in lot coverage, or c. Partially establishing an area of the Buffer equal to the total lot coverage.

2. Any permit for development activity that requires Buffer establishment or Buffer

mitigation will not be issued until the Town approves a Buffer Management Plan.

112 Queenstown Zoning Ordinance As Introduced 10.24.18 3 An applicant may not obtain final approval of a subdivision application until the Buffer Management Plan has been reviewed and approved by the Town.

4. The Town will not approve a Buffer Management Plan unless:

a. The plan clearly indicates that all planting standards under §E will be met;

and b. Appropriate measures are in place for the protection and maintenance of all Buffer areas.

5. For a Buffer Management Plan that is the result of an authorized disturbance to

the Buffer, a permit authorizing final use and occupancy will not be issued until the applicant:

a. Completes implementation of a Buffer Management Plan; or b. Provides financial assurance to cover the costs for:

(1) Materials and installation; and

(2) If the mitigation or establishment requirement is at least 5,000

square feet, long-term survivability requirements as set forth in COMAR 27.01.09.01-2.

6. Concurrent with recordation of a subdivision plat, an applicant shall record a

protective easement for the Buffer.

7. If an applicant fails to implement a Buffer Management Plan, that failure shall

constitute a violation of this Chapter.

8. An applicant shall post the property proposed for subdivision prior to final

recordation in accordance with COMAR 27.01.09.01-2.

9. Buffer management plans that include natural regeneration shall follow the

provisions of COMAR 27.01.09.01-4.

113 Queenstown Zoning Ordinance As Introduced 10.24.18 I. Fees-In-Lieu of Buffer Mitigation.

A fee in-lieu of mitigation will be collected if the planting requirements of the Buffer Management Plan cannot be fully met onsite in accordance with the following standards:

1. Fee-in-lieu monies shall be collected and held in a special fund, which may not

revert to Queenstown’s general fund;

2. Fee-in-lieu shall be assessed at $1.50 per square foot of required Buffer

mitigation;

3. A portion of fee-in-lieu money can be used for management and administrative

costs; however, this cannot exceed 20% of the fees collected; and 4 Fee-in-lieu monies shall be used for the following projects:

a. To establish the Buffer on sites where planting is not a condition of development or redevelopment;

b. For water quality and habitat enhancement projects as approved by the Critical Area Commission or by agreement between the Town and the Critical Area Commission.

J. Shore Erosion Control Projects.

Shore erosion control measures are permitted activities within the Buffer in accordance with the following requirements:

1. An applicant for a shore erosion control project that affects the Buffer in any way,

including, but not limited to access, vegetation removal and pruning, or backfilling shall submit a Buffer Management Plan in accordance with the requirements of this section; and

2. Comply fully with all of the policies and criteria for a shore erosion control

project stated in COMAR 27.01.04 and COMAR 26.24.06.01.

114 Queenstown Zoning Ordinance As Introduced 10.24.18 § 40. Buffer Management Area (BMA) Provisions.

The following provisions apply to areas designated and mapped by Queenstown and approved by the Critical Area Commission as a Buffer Management Area (BMA) and are shown on the Official Critical Area maps.

A. Development and Redevelopment Standards.

New development or redevelopment activities, including structures, roads, parking areas and other impervious surfaces or septic systems will not be permitted in the Buffer in a designated BMA unless the applicant can demonstrate that there is no feasible alternative and the Planning Commission finds that efforts have been made to minimize Buffer impacts and the development complies with the following standards:

1. Development and redevelopment activities have been located as far as possible

from mean high tide, the landward edge of tidal wetlands, or the edge of tributary streams.

2. Variances to other local setback requirements have been considered before

additional intrusion into the Buffer.

3. Commercial, industrial, institutional, recreational and multi-family residential

development and redevelopment shall meet the following standards:

a. New development, including accessory structures, shall minimize the extent of intrusion into the Buffer. New development shall not be located closer to the water (or edge of tidal wetlands) than the minimum required setback for the zoning district or fifty (50) feet, whichever is greater.

Structures on adjacent properties shall not be used to determine the setback line.

b. Redevelopment, including accessory structures, shall minimize the extent of intrusion into the Buffer. Redevelopment shall not be located closer to the water (or edge of tidal wetlands) than the minimum setback for the zoning district or twenty-five (25) feet, whichever is greater. Structures on adjacent properties shall not be used to determine the setback line. A new structure may be constructed on the footprint of an existing structure.

4. Single family residential development and redevelopment shall meet the

115 Queenstown Zoning Ordinance As Introduced 10.24.18 following standards:

a. New development or redevelopment shall minimize the shoreward extent of intrusion into the Buffer. New development and redevelopment shall not be located closer to the water (or the edge of tidal wetlands) than principal structures on adjacent properties or the minimum setback for the zoning district, whichever is greater. In no case shall new development or redevelopment be located less than fifty (50) feet from the water (or the

edge of tidal wetlands).

b. Existing principal or accessory structures may be replaced in the same footprint.

c. New accessory structures may be located closer to the water than the setback if the Planning Commission has determined there are no other locations for the structures. The area of new accessory structures shall not exceed five hundred (500) square feet within fifty (50) feet of the water and 1,000 square feet total in the Buffer.

5. Variances to other local setback requirements shall be considered before

additional intrusion into the Buffer is permitted.

6. Development and redevelopment may not impact any Habitat Protection Area

(HPA) other than the Buffer, including nontidal wetlands, other State or federal permits notwithstanding.

7. Buffer Management Area (BMA) designation shall not be used to facilitate the

filling of tidal wetlands that are contiguous to the Buffer or to create additional buildable land for new development or redevelopment.

8. No natural vegetation may be removed in the Buffer except that required by the

proposed construction.

9. Mitigation for development or redevelopment in the BMA approved under the

provisions of this subsection shall be implemented as follows:

a. Natural forest vegetation of an area twice the extent of the footprint of the development activity within the 100-foot Buffer shall be planted on site in the Buffer or at another location approved by the Planning Commission.

116 Queenstown Zoning Ordinance As Introduced 10.24.18 b. Applicants who cannot fully comply with the planting requirement in §a above, may use offset this requirement by removing an equivalent area of existing lot coverage in the Buffer.

c. Applicants who cannot comply with either the planting or offset requirements in §a or §b above shall pay into a fee-in-lieu program as follows:

(1) Applicants shall submit to the Planning Commission two cost

estimates from qualified landscape businesses for planting the equivalent of twice the extent of the development within the 100- foot Buffer. The estimate shall include the cost of stock, planting, staking, mulching and a one year survival guarantee.

(2) The Planning Commission shall determine the amount of the feein-lieu based on the average of the two estimates.

d. Any fees-in-lieu collected under these provisions shall be placed in an account that will assure the use of the funds only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals of the Queenstown’s Critical Area Program.

The funds cannot be used to accomplish a project or measure that would have been required under existing local, State, or federal laws, regulations, statutes, or permits. The status of these funds must be reported in the jurisdiction’s quarterly reports.

e. Any required mitigation or offset areas shall be protected from future development through an easement, development agreement, plat notes or other instrument approved by the Town and recorded among the land records of the County.

§ 41. Other Habitat Protection Areas.

A. Identification.

An applicant for a development activity, redevelopment activity or change in land use shall identify all applicable Habitat Protection Areas and follow the standards contained in this section. Habitat Protection Areas include:

117 Queenstown Zoning Ordinance As Introduced 10.24.18

1. Threatened or endangered species or species in need of conservation;

2. Colonial waterbird nesting sites;

3. Historic waterfowl staging and concentration areas in tidal waters, tributary

streams or tidal and nontidal wetlands;

4. Existing riparian forests;

5. Forest areas utilized as breeding areas by forest interior dwelling birds and other

wildlife species;

6. Other plant and wildlife habitats determined to be of local significance;

7. Natural Heritage Areas; and

8. Anadromous fish propagation waters.

B. Standards

1. An applicant for a development activity proposed for a site within the Critical

Area that is in or near a Habitat Protection Area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department’s recommendations, additional research and site analysis may be required to identify the specific location of a Habitat Protection Area on or near the site.

2. If the presence of any HPA is confirmed by the Department of Natural Resources,

the applicant shall follow all recommendations from Department of Natural Resources, and as necessary United States Fish Wildlife Service.

a. If potential Forest Interior Dwelling Species (FIDS) habitat is identified, the proposed development shall conform to the Critical Area Commission’s FIDS Guidance Manual, dated June 2000 and as updated.

b. If potential anadromous fish propagation waters are identified, the proposed development shall conform to the policies and criteria listed in COMAR 27.01.09.05.

118 Queenstown Zoning Ordinance As Introduced 10.24.18

3. The applicant shall obtain approval of the Habitat Protection Plan from the

Planning Commission or the appropriate designated approving authority. The specific protection and conservation measures included in the Plan shall be considered conditions of approval of the project.

§ 42. Part 19. Water Dependent Facilities.

A. Applicability. The provisions of this chapter apply to those structures or works associated with industrial, maritime, recreational, educational, or fisheries activities that require location at or near the shoreline within the Buffer. An activity is water-dependent if it cannot exist outside the Buffer and is dependent on the water by reason of the intrinsic nature of its operation.

B. Identification. Water dependent facilities include, but are not limited to, ports, the intake and outfall structures of power plants, water-use industries, marinas and other boat docking structures, public beaches and other public water-oriented recreation areas, and fisheries activities. Excluded from this regulation are individual private piers installed or maintained by riparian landowners, and which are not part of a subdivision that provides

community piers.

C. General policies. The policies of Queenstown with regard to water-dependent facilities shall be to limit development activities in the Buffer to those that are waterdependent and provide by design and location criteria that these activities will have minimal individual and cumulative impacts on water quality and fish, wildlife, and plant habitat in the Critical Area.

D. Standards. The following standards shall apply to new or expanded development activities associated with water-dependent facilities:

1. New or expanded development activities may be permitted in the Buffer in the

Intensely Developed Areas and Limited Development Areas provided that it can be shown:

a. That they are water-dependent;

b. That the project meets a recognized private right or public need;

119 Queenstown Zoning Ordinance As Introduced 10.24.18 c. That adverse effects on water quality, fish, plant and wildlife habitat are minimized;

d. That, insofar as possible, non-water-dependent structures or operations associated with water-dependent projects or activities are located outside the buffer; and e. That the facilities are consistent with an approved local plan as set forth below.

2. New or expanded development activities may not be permitted in those portions

of the Buffer which occur in Resource Conservation Areas. Applicants for waterdependent facilities in a Resource Conservation Area, other than those specifically permitted herein, must apply for a portion of the Town's growth allocation as set forth in this ordinance.

E. Evaluating plans for new and expanded water-dependent facilities. The Town shall evaluate on a case-by-case basis all proposals for expansion of existing or new water-dependent facilities. The Town shall work with appropriate State and federal agencies to ensure compliance with applicable regulations. The following factors shall be considered when evaluating proposals for new or expanded water dependent facilities:

1. That the activities will not significantly alter existing water circulation patterns or

salinity regimes;

2. That the water body upon which these activities are proposed has adequate

flushing characteristics in the area;

3. That disturbance to wetlands, submerged aquatic plant beds, or other areas of

important aquatic habitats will be minimized;

4. That adverse impacts to water quality that may occur as a result of these activities,

such as non-point source run-off, sewage discharge from land activities or vessels, or from boat cleaning and maintenance operations, is minimized;

5. That shellfish beds will not be disturbed or be made subject to discharge that will

render them unsuitable for harvesting;

6. That dredging shall be conducted in a manner, and using a method which causes

the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the critical area, generally;

120 Queenstown Zoning Ordinance As Introduced 10.24.18

7. That dredged spoil will not be placed within the Buffer or elsewhere in that

portion of the Critical Area which has been designated as a Habitat Protection Area except as necessary for:

a. Backfill for permitted shore erosion protection measures;

b. Use in approved vegetated shore erosion projects;

c. Placement on previously approved channel maintenance spoil disposal areas; and d. Beach nourishment.

8. That interference with the natural transport of sand will be minimized; and

9. That disturbance will be avoided to historic areas of waterfowl staging and

concentration or other Habitat Protection Areas identified in the Habitat Protection Area Chapters of this ordinance.

F. Industrial and port-related facilities. New, expanded or redeveloped industrial or port-related facilities and the replacement of these facilities may be permitted only in those portions of Intensely Developed Areas that have been designated as Buffer Management Areas as described in this ordinance and are subject to the provisions set forth in that Chapter.

G. Marinas and other commercial maritime facilities.

New, expanded or redeveloped marinas may be permitted subject to the requirements set forth below:

1. New, expanded or redeveloped marinas may be permitted in the Buffer within

Intensely Developed Areas and Limited Development Areas.

2. New marinas or related maritime facilities may not be permitted in the Buffer

within Resource Conservation Areas except, expansion of existing marinas may be permitted within Resource Conservation Areas provided that it is sufficiently demonstrated that the expansion will not adversely affect water quality, and that it will result in an overall net improvement in water quality at or leaving the site of the marina.

3. New and existing marinas shall meet the sanitary requirements of the Department

of the Environment as required in COMAR 26.04.02. New marinas shall establish a means of minimizing the discharge of bottom wash waters into tidal waters.

121 Queenstown Zoning Ordinance As Introduced 10.24.18 H. Community piers. New or expanded community marinas and other noncommercial boat-docking and storage facilities may be permitted in the Buffer subject to the requirements in this Ordinance provided that:

1. These facilities may not offer food, fuel, or other goods and services for sale and

shall provide adequate and clean sanitary facilities;

2. The facilities are community-owned and established and operated for the benefit

of the residents of a platted and recorded riparian subdivision;

3. The facilities are associated with a residential development approved by the Town

for the Critical Area and consistent with all State requirements and program requirements for the Critical Area;

4. Disturbance to the Buffer is the minimum necessary to provide a single point of

access to the facilities; and

5. If community piers, slips, or moorings are provided as part of the new

development, private piers in the development are not allowed.

I. Number of slips or piers permitted. The number of slips or piers permitted at the facility shall be the lesser of 1 or 2 below:

1. One slip for each 50 feet of shoreline in the subdivision in the Intensely

Developed and Limited Development Areas and one slip for each 300 feet of shoreline in the subdivision in the Resource Conservation Area; or

2. A density of slips or piers to platted lots or dwellings within the subdivision in the

Critical Area according to the following schedule:

Table I.2 Number of Slips Permitted Platted Lots or Dwellings in the Critical Slips Area Up to 15 1 for each lot 16 – 40 15 or 75% whichever is greater 41 – 100 30 or 50% whichever is greater 101 – 300 50 or 25% whichever is greater Over 300 75 or 15% whichever is greater 122 Queenstown Zoning Ordinance As Introduced 10.24.18 J. Public beaches and other public recreation or education areas. Public beaches or

other public water-oriented recreation or education areas including, but not limited to, publicly owned boat launching and docking facilities and fishing piers may be permitted in the Buffer in Intensely Developed Areas. These facilities may be permitted within the Buffer in Limited Development Areas and Resource Conservation Areas provided that:

1. Adequate sanitary facilities exist;

2. Service facilities are, to the extent possible, located outside the Buffer;

3. Permeable surfaces are used to the extent practicable, if no degradation of

groundwater would result;

4. Disturbance to natural vegetation is minimized; and

5. Areas for possible recreation, such as nature study, and hunting and trapping, and

for education, may be permitted in the Buffer within Resource Conservation Areas if service facilities for these uses are located outside of the Buffer.

K. Research areas. Water-dependent research facilities or activities operated by State, Federal, or local agencies or educational institutions may be permitted in the Buffer, if non-water-dependent structures or facilities associated with these project are, to the extent possible, located outside of the Buffer.

L. Fisheries activities. Lands and water areas with high aquacultural potential will be identified by the Town in cooperation with the State when applications for new or expanded fisheries or aquaculture facilities in these areas are submitted to the Town. These areas are encouraged for that use and if so used, should be protected from degradation by other types of land and water use or by adjacent land and water uses. Commercial water-dependent fisheries

including, but not limited to structures for crab shedding, fish off-loading docks, shellfish culture operations and shore-based facilities necessary for aquaculture operations and fisheries activities may be permitted in the Buffer in Intensely Developed Areas, Limited Development Areas and Resource Conservation Areas.

K. Non-water-dependent Structures on Piers.

1. Except as provided in paragraphs 2 and 3 of this subsection and notwithstanding

any other provisions of the law, Queenstown may not issue a building permit or any other approval to authorize a non-water dependent project located on State or private wetlands within the Critical Area.

123 Queenstown Zoning Ordinance As Introduced 10.24.18

2. The Town may issue a building permit or any other approval to authorize a nonwater dependent project located on State or private wetlands within the Critical

Area if the project:

a. Involves a commercial activity that is permitted as a secondary or accessory use to a permitted primary commercial use;

b. Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

c. Is located in:

(1) An Intensely Developed Area (IDA) and the project is authorized

under a program amendment to Town’s] Critical Area Program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to Town’s zoning, subdivision and other ordinances so as to be consistent with, or more restrictive than, the requirements required under this paragraph; or

(2) An area that has been excluded from the Queenstown Critical Area

program if the exclusion has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

d. Is approved by the Planning Commission after the Queenstown program amendment under Subparagraph (c)(1) above, if applicable, has been approved;

e. Allows or enhances public access to State wetlands;

f. Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

g. Has a height of up to eighteen (18) feet unless the project is located at a marina; and h. Is up to 1,000 square feet in total area; or

(1) Is located on a pier that was in existence on or before December

31, 2012;

(2) Satisfies all of the requirements under Section 2a-g of this

paragraph; and 124 Queenstown Zoning Ordinance As Introduced 10.24.18

(3) If applicable, has a temporary or permanent roof structure or

covering that is up to 1,000 square feet in total area.

3. Queenstown may issue a building permit or other approval to authorize a nonwater dependent project for a small-scale renewable energy system on a pier

located on State or private wetlands within the Critical Area if the project:

a. Involves the installation or placement of a small-scale renewable energy system that is permitted as a secondary or accessory use on a pier that is authorized under Title 16 of the Environment Article;

b. Is located in:

(1) The Chesapeake and Atlantic Coastal Bays Critical Area and the

project is authorized under a program amendment to the Town’s Critical Area Program approved on or after July 1, 2013, if the approved program amendment includes necessary changes to the Town’s zoning, subdivision, and other ordinances so as to be consistent with or more restrictive than the requirements provided under this paragraph; or

(2) An area that has been excluded from the Town's Critical Area

Program that has been adopted or approved by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays;

c. Is approved by the Planning Commission after the Town’s amendment in accordance with Subparagraph 3b.1 above, if applicable, has been approved;

d. A building permit or other approval issued under the requirements in Subparagraph 3 above may include the installation or placement of:

(1) A solar energy system attached to a pier of the device or equipment

associated with that system does not extend more than:

(i) four (4) feet above or eighteen (18) inches below the deck

of the pier; or (ii) one (1) foot beyond the length or width of the pier;

(2) A solar energy system attached to a piling if there is only one solar

panel per boat slip;

125 Queenstown Zoning Ordinance As Introduced 10.24.18

(3) A solar energy system attached to a boathouse roof if the device or

equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(4) A closed-loop geothermal heat exchanger under a pier if the

geothermal heat exchanger or any associated devices or equipment do not:

(i) Extend beyond the length, width, or channelward

encroachment of the pier;

(ii) Deleteriously alter longshore drift; or (iii) Cause significant individual or cumulative thermal impacts to aquatic resources; or

(5) A wind energy system attached to a pier if there is only one wind energy

system per pier for which:

(i) The height from the deck of the pier to the blade extended at its

highest point is up to twelve (12) feet;

(ii) The rotor diameter of the wind turbine is up to four (4) feet; and (iii) The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

Part IV. CR Community Redevelopment Overlay District

§ 43. CR Community Redevelopment Overlay District.

A. Intent It is the general intent of the Community Redevelopment Overlay District to:

1. Accommodate growth in Queenstown by encouraging and facilitating new

development and redevelopment on vacant, bypassed and underutilized land where such development is found to be compatible with the surrounding neighborhood and adequate public facilities and services exist;

2. Encourage efficient use of land and public services;

3. Stimulate re-investment and development in the Town Center and portions of

126 Queenstown Zoning Ordinance As Introduced 10.24.18 older established neighborhoods;

4. Provide developers and property owners flexibility that achieves high quality

design and result in infill and redevelopment projects that strengthen existing neighborhoods;

5. Stabilize existing neighborhoods; and

6. Implement the goals, objectives, and policies of the Queenstown Comprehensive

Plan.

The district standards encourage appropriate development of underutilized properties and consolidation of developable land where the Planning Commission determines it will achieve a more efficient land use and improve site design. Design standards promote compatible infill and redevelopment by, among other things, allowing development on sites that may not meet the minimum land area and dimension requirements of the

underlying zones.

B. Applicability

1. The provisions of this district apply to all land located within the Queenstown

Community Redevelopment Overlay Zone as designated on the official zoning map.

2. All land uses and development shall be located and developed in accordance with

the applicable provisions of the underlying zoning ordinance and all other applicable land development regulations except as modified by this subsection C. General Requirements Site development shall adhere to the following in order to enhance compatibility with the surrounding community to the maximum extent practical:

1. Add sidewalks that connect to the adjacent sidewalk system where appropriate;

2. Construct public streets that connect to the adjacent street pattern as needed;

3. Preserve architecturally significant structures whenever feasible;

4. Include new or connect with existing civic spaces;

5. Include street furniture, lighting and landscaping for the comfort and convenience

of pedestrians; and

6. Design buildings and site so as to be compatible with the surrounding community.

127 Queenstown Zoning Ordinance As Introduced 10.24.18 D. Permitted Uses Permitted uses shall be limited to those allowed in the underlying zone except as follows:

1. The Planning Commission may permit small-scale commercial service and retail

establishments from the Table in D2 below.

128 Queenstown Zoning Ordinance As Introduced 10.24.18 Table D2 - permitted small-scale commercial service and retail uses limited to existing buildings and/or additions thereto:

USES THE PLANNING COMMISSION MAY PERMIT

Antique Store Arts and Crafts Services, such as art restorers, sculptors, and photographers Arts and Crafts Supplies Boutique Clothing Clock and Watchmaker Services, such as clock and watch servicing and repair specialists Coffee shop Computer Related Services, such as data processors and graphic designers Computer/copier services Consulting Services, such as land planners, surveyors, and landscape designers

Copy and Mail Services Educational Services, such as tutors and fine arts education specialists Financial Services, such as brokers, accountants, investment planners, and tax assessors General Office Services, such as specialists for the compiling, editing, and writing of documents and contracts Hair Cutting and Associated Services, such as barbers, hair-dressers, and manicurists Health Food Store

Health Services, such as psychologists, psychiatrists, and mid-wives Holistic Medical Services, such as holistic specialists and licensed massage therapists Information Services, such as internet-web specialists, journalists, publishers, and editors Insurance Services, such as insurance agents and insurance salespersons Locksmith Services, such as key-makers and lock-makers for home security News Stand

Online Auctioning Services, such as Internet auctioneers Professional offices Professional Services, such as lawyers, engineers, and architects Real Estate Services, such as real estate agents and other real estate specialists Tailoring Services, such as dressmakers and seamstresses Travel Services, such as travel agents and travel planners E. Development standards

1. Density, design, materials, use and scale shall reflect the building styles, climate,

heritage and materials unique to Queenstown.

2. Lot area, width and yards will be established for each project at the discretion of

the Planning Commission.

129 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Density may exceed the underlying zone for the purpose of creating a

neighborhood having a variety of housing types.

4. Buildings are restricted to the height limit established for the district, or the

average of adjacent buildings along the block face.

F. Compatibility standards

1. The proposed development should exhibit exemplary site and architectural design

and include high quality materials that are compatible with, and do not negatively alter the character of the surrounding neighborhood.

2. All permitted structures must conform to following requirements:

a. Buildings should be similar in height and size or be designed in such way that they appear similar in height and size, creating an overall mass that is consistent with the prevalent mass of other structures in the area.

b. Primary facades and entries must face the adjacent street and be connected with a walkway that does not require pedestrians to walk through parking lots or across driveways and that maintains the integrity of the existing streetscape.

c. Building features such as windows and doors and site features such as landscaping and screening should optimize privacy and minimize infringement on the privacy of adjoining land uses.

d. Building materials shall be similar to materials of the surrounding neighborhood or use other characteristics such as scale, form, architectural detailing, etc. to establish compatibility.

3. All planned uses, building types, and landscaping will be included on the

preliminary plan and will demonstrate the relationships of the proposed development with existing surrounding development.

4. All planned uses shall comply with the Queenstown Critical Area and floodplain

regulations.

5. Proposed open space and landscaping shall be shown on plans.

6. Public Facilities and Utilities

a. Existing and planned public facilities should be shown on development plans.

b. All public streets, walkways and alleyways shall be shown on 130 Queenstown Zoning Ordinance As Introduced 10.24.18 development plans. All through streets and walkways must be public. The local street and walkway system shall be safe, efficient, convenient, attractive, and shall accommodate use by all segments of the population.

c. Roads, lighting, sidewalks, street furniture, utilities and other public facilities should be designed to enhance pedestrian circulation.

7. Parking

a. All parking spaces shall be shown on the site plan.

b. The Planning Commission may reduce minimum off-street parking requirements if the project is pedestrian-oriented.

c. The parking plan may provide a combination of off-street and on-street spaces.

c. Shared drives serving no more than two (2) dwellings may be permitted.

d. Bicycle parking shall be provided for non-residential projects.

e. Parking requirements can be waived where adequate public parking is available in close proximity, and the new parking demand does not interfere with the established parking patterns in the neighborhood. If public parking is proposed as the means of providing any required parking, such arrangement shall first be approved by the Town Commissioners. Approval shall be documented in letter signed by the

Town Commissioners specifying where public parking is available for regular use by the development.

G. Findings Required and Conditions of Approval

1. The Planning Commission may approve a proposed infill or redevelopment

project upon finding that:

a. The plan accomplishes the purposes, objectives and minimum standards and requirements of the overlay district;

b. The plan is in accordance with the Queenstown Comprehensive Plan;

c. The plan is internally and externally compatible and harmonious with existing and planned land uses in the area; and d. Existing or planned public facilities are adequate to service the proposed development.

131 Queenstown Zoning Ordinance As Introduced 10.24.18

2. The Planning Commission may establish appropriate conditions for approval of

non-residential uses concerning such as things as hours of operation, buffer and screening, signage and lighting to insure compatibility with adjacent residential uses.

H. Application process

1. Notice: Property or properties proposed for infill or re-development under the

terms of this subsection shall be posted by the Town. Such posting shall appear on the site at least (14) days prior to the application being considered by the Planning Commission. At the time of posting, all required application information, as outlined herein, shall be present and available for review in the Town Office.

2. The applicant has the full burden of proof to demonstrate the proposed infill or

redevelopment proposal meets or exceeds the development standards in Sections E and F herein. Applications shall include adequate information to address this burden of proof requirement and shall, at a minimum, include the following:

a. A description of the proposed development site, i.e., a plot plan or survey plot.

b. A description of existing conditions in the vicinity of the site (e.g. block face on both sides of the street within 500 feet of the proposed development site). These descriptions shall include documenting photographs and an analysis of the prominent architectural features along adjacent block faces and shall address the following:

(1) Site location and Topography

(2) Street Connections

(3) Pedestrian Pathways

(4) Lot Coverage,

(5) Building Orientation

(6) A description of existing neighborhood architectural characteristic

and features, including:

(a) Massing and Proportions

(b) Entryways

(c) Windows

(d) Garage Doors

(e) Finishes and Materials

(f) Ornamentation

(g) Roof Detail

(h) Color

132 Queenstown Zoning Ordinance As Introduced 10.24.18 c. A description of the proposed infill or redevelopment including:

(1) Elevations of all proposed buildings;

(2) A description of how the proposed infill or redevelopment is

compatible with the features described in b above; and

(3) A statement of how the proposed infill or redevelopment meets the

development and compatibility standards in E and F above and the findings requirements as set forth in G above.

G. Remedies; Appeals from the decision of the Planning Commission concerning any application for infill or redevelopment may be made as provided in Article XV of this Chapter.

§ 43. Reserved.

§ 44. Reserved.

§ 45. Reserved.

§ 46. Reserved.

133 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE V. GENERAL REGULATIONS

§ 47. Compliance required.

No building or land shall hereafter be used and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in conformity with the regulations as set forth in this Zoning Chapter.

§ 48. Encroachment; reduction of lot area.

The minimum yards, height limits, parking space and open spaces, including lot area, required by this Zoning Chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.

§ 49. Use of accessory buildings: construction of main building.

No accessory building shall be constructed upon a lot for more than six (6) months prior to beginning construction of the main building. No accessory building shall be used for more than six (6) months unless the main building on the lot is also being used or unless the main building is under construction.

§ 50. Availability of copies of other regulations.

Whenever reference is made in this Zoning Chapter to any other Ordinance, chart, table, schedule, or regulation which itself is not copied herein, a copy of such Ordinance, chart, table, schedule or regulation shall be kept on file in the Town Office and available for inspection and reference.

134 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE VI. PERMISSIBLE USES

§ 51. Use of the Designations P, PC, SE and SC in the Table of Permissible Uses.

When used in connection with a particular use in the Table of Permissible Uses included in this Article, the letter "P" means that the use is permissible in the indicated zone with a building permit issued by the Building Official. When used in connection with a particular use in the Table of Permissible Uses, the letter "PC" means that the use is permissible in the indicated zone with a building permit issued by the Building Official provided the conditions stipulated in

Article VIII

are met. The letters "SC" mean the conditions of approval stipulated in Article VIII for the proposed use must be met and a special exception permit must be obtained from the Board of Appeals. The letters "SE" means a special exception permit must be obtained from the Board of Appeals.

§ 52. Use Categories.

This section establishes and describes the use categorization system used to classify principal uses in this chapter.

A. Use Categories This chapter classifies principal land uses into major groupings. These major groupings are referred to as “use categories.” The use categories are as follows:

1. Residential

2. Public, Civic and Institutional

3. Commercial

4. Wholesale, Distribution and Storage

5. Industrial

6. Agricultural

7. Other

B. Use Subcategories Each use category is further divided into more specific “subcategories.” Use subcategories classify principal land uses and activities based on common functional, product or physical 135 Queenstown Zoning Ordinance As Introduced 10.24.18 characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions.

C. Specific Use Types Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

D. Determination of Use Categories and Subcategories

1. The Planning Commission is authorized to classify uses on the basis of the use

category, subcategory and specific use type descriptions of this chapter.

2. When a use cannot be reasonably classified into a use category, subcategory or specific

use type, or appears to fit into multiple categories, subcategories or specific use types, the Planning Commission is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this section. In

making such determinations, the Planning Commission must consider:

a. the types of activities that will occur in conjunction with the use;

b. the types of equipment and processes to be used;

c. the existence, number and frequency of residents, customers or employees;

d. parking demands associated with the use; and e. other factors deemed relevant to a use determination.

3. If a use can reasonably be classified in multiple categories, subcategories or specific

use types, the Planning Commission must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

4. If the Planning Commission is unable to determine the appropriate use category for a

proposed use, the Planning Commission is authorized to classify the use as a prohibited use or unclassified use and deny permits for establishment of the proposed use. This decision may be appealed to the Board of Appeals in accordance with appeal procedures of § 53.

136 Queenstown Zoning Ordinance As Introduced 10.24.18 § 53. Unclassified Uses.

A. When the Planning Commission determines a proposed use cannot be reasonably classified into a use category, subcategory or specific use type the Board of Appeals is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in

this section. In making such determinations, the Board of Appeals must consider:

1. the types of activities that will occur in conjunction with the use;

2. the types of equipment and processes to be used;

3. the existence, number and frequency of residents, customers or employees;

4. parking demands associated with the use; and

5. other factors deemed relevant to a use determination.

B. If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Board of Appeals must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.” C. If the Board of Appeals is unable to determine the appropriate use category for a proposed use, the Board of Appeals is authorized to classify the use as a prohibited use.

§ 54. Residential Use Category.

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows:

A. Household Living Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging. The following are household living specific use types:

1. Detached House - A detached house is a principal residential building occupied by one

dwelling unit located on a single lot with private yards on all sides. Detached houses are not attached to and do not abut other dwelling units.

137 Queenstown Zoning Ordinance As Introduced 10.24.18

2. Semi-Detached Dwelling - A residential building with two attached dwelling units

located on two lots that share a common wall along the lot line and where each dwelling unit has its own external entrance.

3. Duplex - A dwelling on a single lot having apartments with separate entrances for two

households. This includes two-story houses having a complete apartment on each floor and also side-by-side apartments on a single lot that share a common wall.

4. Townhouse - Three or more dwelling units which each occupy a separate lot and which

are attached side by side by party walls and having a side yard adjacent to each end unit.

5. Multi-family/Apartment/condo - A multi-family/apartment/condo building is a residential

building on a single lot that is occupied by 3 or more dwelling units that share common walls and/or common floors/ceilings.

6. Accessory Apartment, Commercial - a separate complete housekeeping unit that is

contained within a commercial structure above the first floor.

7. Accessory Dwelling Unit - a separate complete housekeeping unit that is substantially

contained within the structure of a single family unit or a commercial structure, but can be isolated from it.

8. Manufactured Housing Unit - A manufactured housing unit is a residential building that

complies with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§5401, et seq.).

9. Modular Home - A detached residential built to the specifications of the current building

code, containing not less than 500 square feet of gross livable floor area in the original manufactured unit, designed and intended for delivery by transportation on the highway for permanent assembly in a permanent and separately constructed foundation. A "modular home" may be considered a single-family dwelling. A "modular home" must meet the requirements and definitions of the Maryland Industrialized Building and

Mobile Homes Act as in effect as of the date of passage of this chapter.

B. Group Living Residential occupancy of a building or any portion of a building by a group other than a household. Group living uses typically provide communal kitchen/dining facilities. Examples of group living uses include group homes, convents, monasteries, nursing homes, assisted living facilities, sheltered care facilities, retirement centers, homeless centers, shelters and halfway houses. The group living subcategories are as follows:

138 Queenstown Zoning Ordinance As Introduced 10.24.18

1. Group Home - A detached house shared by persons with disabilities who live together as

a single housekeeping unit in a long-term, household-like environment in which staff persons provide care, education, and participation in community activities for the residents with a primary goal of enabling the resident to live as independently as possible.

Group homes do not include pre-release, work-release, probationary, or other programs that serve as an alternative to incarceration.

2. Sheltered Care - A “long-term care facility,” that provides maintenance and personal

care.

3. Assisted Living Facility - A residential facility-based program licensed by the State of

Maryland that provides housing and supportive services, supervision, personalized assistance, heath-related services or a combination of these services to meet the needs of the residents who are unable to perform, or who need assistance in performing, the activities of daily living or instrumental activities of daily living, in a way that promotes optimum dignity and independence for the residents. Assisted living facilities are further

differentiated as follows:

a. Residential Assisted Living Facility - A residential group home or assisted living facility serving eight (8) or less clients/residents.

b. Institutional Assisted Living Facility- A group home or assisted living facility serving eight (8) clients/residents or more.

4. Halfway House - A halfway house is a residence designed to assist persons, especially

those leaving institutions, to reenter society and learn to adapt to independent living.

Halfway houses aim to assist in community transition, and may provide vocational training, counseling, and other services. Release to a halfway house is used in situations such as the release of mental patients and prisoners. They are also used for people in addiction recovery as a means to adapt to sober living. They usually require residents to follow certain rules, such as sign in and sign out procedures and curfews. A halfway

house may allow residents to go out to work or study during daytime and return at night.

Residency requirements, purposes, and rules vary at each halfway house.

§ 55. Public, Civic and Institutional Use Category.

This category includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large. The public, civic and institutional subcategories are as follows:

139 Queenstown Zoning Ordinance As Introduced 10.24.18 A. Cemetery - Land or structures used for burial or permanent storage of the dead or their cremated remains. Typical uses include cemeteries and mausoleums. Also includes pet cemeteries.

B. College or University - Institutions of higher learning that offer courses of general or specialized study and are authorized to grant academic degrees.

C. Community Center - A structure, including its surrounding premises, that is owned, leased or otherwise controlled by a unit of local government or a school district and that contains rooms or other facilities limited to use for purposes of meetings, gatherings or other functions or activities carried on or performed by or under the supervision of a unit of local government, a school district or a civic, educational, religious or charitable organization. The

authorization for the establishment of a community center may include authorization for the incidental and accessory sale or resale of food, merchandise or services in connection with and in support of the principal activity or function being carried on or performed by such unit of local government, school district or organization.

D. Fraternal Organization - The use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a community service not carried on as a business enterprise.

E. Governmental Facility - Uses related to the administration of local, state or federal government services or functions.

F. Hospital - Uses providing medical or surgical care to patients and offering inpatient (overnight) care.

G. Library - Collections of books, manuscripts and similar materials for free public lending, studying and reading.

H. Museum or Cultural Facility - Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibitions of works of art and similar institutions.

I. Parks and recreation - Recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, swimming pools, community centers and other facilities typically associated with public parks and open space areas. Also includes public and private golf courses and country clubs.

J. Religious Assembly - Religious services involving public assembly that customarily occur in churches, synagogues, temples, mosques and other facilities used for religious worship.

140 Queenstown Zoning Ordinance As Introduced 10.24.18 K. Safety Service - Facilities provided by the town, state or federal government that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

L. School - Schools at the primary, elementary, junior high or high school level that provide basic, compulsory state-mandated education.

M. Utilities and Public Service Facility

1. Essential Services - Underground or overhead gas, electrical, steam, or water

transmission or distribution systems, communication, supply or disposal systems;

including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, towers, electric substations, telephone exchange buildings, gas regulator stations, and other similar equipment and accessories that are reasonably necessary to furnish utility services or for the public health, safety, or general welfare.

2. Public Utility - Uses or structures, except essential services, which provides to the

general public such services as water, sewerage, sewage treatment, electricity, piped gas or telecommunications.

N. Alternative Energy Facilities - equipment installed to utilize renewable energy sources including solar, wind, hydro, and geothermal. Within this category are the following:

1. Small Solar Energy System - A ground-mounted solar energy system with a rated

capacity of less than 200 kilowatts or a roof-mounted solar energy system of any capacity in excess of five kilowatts and serving, or designed to serve, any agricultural, residential, commercial, institutional or industrial use on a single lot or parcel or group of adjacent lots or parcels.

2. Large Solar Energy System - A ground-mounted solar energy system with a rated

capacity of 200 kilowatts or greater whose principal purpose is to provide electrical power for sale to the general power grid.

3. Small Wind Energy Conversion System - A wind energy conversion system consisting of

a single wind turbine, generators, a tower and associated controls which has a total rated capacity of 20 kilowatts or less and designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.

4. Medium Wind Energy Conversion System - A wind energy conversion system consisting

of one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than 20 kilowatts but not greater than 100 kilowatts and 141 Queenstown Zoning Ordinance As Introduced 10.24.18 designed to supplement other electricity sources to buildings or facilities wherein the power generated is used primarily for on-site consumption.

5. Large Wind Energy Conversion System - A wind energy conversion system consisting of

one or more wind turbines, generators, towers and associated controls which have a total rated capacity of more than 100 kilowatts and designed to provide electrical energy to the power grid as well as provide energy to the facilities wherein the system is located.

O. Wireless Telecommunications - Towers, antennas, equipment, equipment buildings and other facilities used in the provision of wireless communication services. The following are specific types of wireless telecommunications uses:

1. Freestanding Towers - A structure intended to support equipment that is used to transmit

and/or receive tele-communications signals including monopoles and guyed and lattice construction steel structures.

2. Building or Tower-Mounted Antennas - The physical device that is attached to a

freestanding tower, building or other structure, through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.

3. Small wireless communications equipment- Small wireless communications equipment

supplement the macro-cellular tower layer and typically include DAS remote units, remote radio units, self-contained small cells and associated equipment that can be mounted on a utility pole or similar structures located in the public right-of-way (ROW).

4. Satellite earth station, satellite dish - A parabolic antenna and associated electronics and

support equipment for transmitting or for transmitting and receiving satellite signals.

§ 56. Commercial Use Category.

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows:

A. Adult Entertainment Establishments - Adult Oriented Business - Any business, operation, or activity a significant amount of which consists of:

1. The conduct, promotion, delivery, provision, or performance of adult entertainment or

material; including, but not limited to, that occurring in, at, or in connection with a cabaret, lounge, night club, modeling studio, bar, restaurant, club, lodge, or similar establishment; or 142 Queenstown Zoning Ordinance As Introduced 10.24.18

2. The sale, rental, transfer, loan, dissemination, distribution, provision or promotion of

Adult Entertainment or Material, in any format, form, or medium, including, but not limited to, books, magazines, newspapers, photographs, movies, videos, DVDs, CDs or other audio/video recordings, other electronic recordings, and/or coin operated or payview-viewing devices, including, but not limited to, the operation of an Adult Book or Video Store or Viewing Booth.

B. Animal Service - Uses that provide goods and services for care of companion animals.

1. Grooming - Grooming of dogs, cats and similar companion animals, including dog

bathing and clip-ping salons and pet grooming shops.

2. Boarding or Shelter/Kennel - Animal shelters, care services and kennel services for dogs,

cats and companion animals, including boarding kennels, pet resorts/hotels, pet day care, pet adoption centers, dog training centers and animal rescue shelters. For purposes of this ordinance, the keeping of more than 4 dogs, cats or similar household companion animals over 4 months of age or the keeping of more than 2 such animals for compensation or sale is deemed a boarding or shelter-related animal service use and is allowed only in

those zoning districts that allow such uses.

3. Veterinary Care - Animal hospitals and veterinary clinics.

C. Assembly and Entertainment - Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include arenas, billiard centers, video game arcades, auditoriums, bowling centers, cinemas and theaters.

D. Broadcast or Recording Studio - Uses that provide for audio or video production, recording or broadcasting.

E. Commercial Service - Uses that provide for consumer or business services and for the repair and maintenance of a wide variety of products.

1. Building Service - Uses that provide maintenance and repair services for all structural

and mechanical elements of structures, as well as the exterior spaces of a premise.

Typical uses include contractor offices, janitorial, landscape maintenance, extermination, plumbing, electrical, HVAC, window cleaning and similar services.

2. Business Support Service - Uses that provide personnel services, printing, copying,

photographic services or communication services to businesses or consumers. Typical uses include employment agencies, copy and print shops, caterers, telephone answering services and photo developing labs.

143 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Consumer Maintenance and Repair Service - Uses that provide maintenance, cleaning

and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, lock-smiths, vacuum repair shops, electronics repair shops and similar establishments. Business that offer repair and maintenance service

technicians who visit customers’ homes or places of business are classified as a “building service.”

4. Personal Improvement Service - Uses that provide a variety of services associated with

personal grooming, instruction and maintenance of fitness, health and well-being. Typical uses include barbers, hair and nail salons, day spas, health clubs, yoga studios, martial arts studios, and businesses purporting to offer fortune-telling or psychic services.

a. Massage Therapy Services - Establishments whose primary business is that of providing any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with aid of any mechanical electrical apparatus or appliances with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions,

ointments or other similar preparations used in this practice, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such persons behalf, will pay money or give other consideration or any gratuity therefor.

b. Tattoo and body piercing - Establishments offering body piercing as the process of penetrating the skin or mucous membrane for the purpose of insertion of any object, including but not limited to jewelry for cosmetic purposes and/or a service whereby the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic,

medical or figurative purposes.

5. Marine service - establishments primarily engaged in operating marinas. These

establishments rent boat slips and store boats, and generally perform a range of other services including cleaning and incidental boat repair. They frequently sell food, fuel, and fishing supplies, and may sell boats. Also may include establishments primarily engaged in the operation of charter or party fishing boats or rental of small recreational boats.

a. Private and municipal piers, docking, and landing facilities

6. Research Service - Uses engaged in scientific research and testing services leading to the

development of new products and processes. Such uses resemble office buildings or 144 Queenstown Zoning Ordinance As Introduced 10.24.18 campuses and do not involve the mass production, distribution or sale of products.

Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.

F. Day Care - Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. Examples include state-licensed child care centers, preschools, nursery schools, head start programs, afterschool programs and adult day care facilities. Day care expressly includes state-accredited adult day care facilities and facilities for child care.

1. Day Care Center - A facility licensed by the State of Maryland that provides day care for

more than 8 children or any number of adults.

2. Day Care Home - A dwelling unit licensed by the State of Maryland in which day care is

provided for a maximum of 8 children, excluding all natural, adopted and foster children of the residents of the dwelling unit.

G. Eating and Drinking Establishments - Uses that prepare and serve food and beverages for onor off-premise consumption as their principal business. Typical uses include cafés, restaurants, cafeterias, ice cream/yogurt shops, coffee shops and similar establishments, which may include a bar area that is customarily incidental and subordinate to the principal use as an eating establishment.

H. Financial Service - Uses related to the exchange, lending, borrowing and safe-keeping of money. Typical examples are banks, credit unions and consumer loan establishments.

I. Funeral and Mortuary Service - Uses that provide services related to the death of humans or companion animals, including funeral homes, mortuaries, crematoriums and similar uses.

J. Lodging - Uses that provide temporary lodging for less than 30 days where rents are charged by the day or by the week. Lodging uses may provide food or entertainment on premises.

Lodging includes the following specific categories:

1. Hotel and Motel - An establishment for transients consisting of any number of sleeping

rooms in permanent buildings, each room or suite of rooms having complete sanitary facilities and separate entrances, including hotel, motel, lodge, tourist park and similar establishments, but not including a boarding- or lodging house, inn or bed-and-breakfast establishment.

2. Bed and Breakfast - A single-family, owner-occupied dwelling in which overnight

sleeping rooms are rented on a short-term basis to transients and at which no meal other than breakfast is served to guests, which is included in their room charge.

145 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Boardinghouse - A private dwelling or part thereof where lodgings with or without meals

are provided for compensation to persons not members of the resident family.

K. Office - Uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, professional or medical services.

L. Parking, Non-Accessory Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A parking facility that provides both accessory and nonaccessory parking will be classified as non-accessory parking if it leases 25% or more of its spaces to non-occupants of or persons other than visitors to a particular use.

M. Retail Sales Uses involving the sale, lease or rental of new or used goods to the ultimate consumer within an enclosed structure, unless otherwise specified.

1. Convenience Goods - Retail sales uses that sell or otherwise provide (1) sundry goods;

(2) products for personal grooming and for the day-to-day maintenance of personal health

or (3) food or beverages for off-premise consumption, including grocery stores and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. Typical uses include drug stores, grocery and specialty food stores, wine or liquor stores, gift shops, newsstands and florists.

a. Medical Cannabis Licensed Dispensary – An establishment in which an entity licensed by the Maryland Medical Cannabis Commission may acquire, possess, repackage, process, transfer, transport, sell, distribute, or dispense, products containing medical cannabis, related supplies, related products including tinctures, aerosols, oils, or ointments, or educational materials for use by a qualifying patient or

caregiver.

2. Consumer Shopping Goods - Retail sales uses that sell or otherwise provide wearing

apparel, fashion accessories, furniture, household appliances and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort or aesthetics.

Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, book stores, costume rental stores, uniform supply stores, stationery stores, art galleries, hobby shops, furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting 146 Queenstown Zoning Ordinance As Introduced 10.24.18

goods stores, variety stores, video stores, musical instrument stores, office supplies and office furnishing stores and wig shops.

3. Building Supplies and Equipment - Retail sales uses that sell or otherwise provide goods

to repair, maintain or visually enhance a structure or premises. Typical uses include hardware stores, home improvement stores, paint and wallpaper supply stores and garden supply stores.

N. Self-service Storage Facility (e.g., mini-storage) - An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses.

Facilities are designated to accommodate only interior access to storage lockers or drive-up access only from regular size passenger vehicles and two-axle non-commercial vehicles.

O. Studio, Instructional or Service - Uses in an enclosed building that focus on providing instruction or training in music, dance, drama, fine arts, language or similar activities. Also includes artist studios and photography studios. See also “personal improvement service” in the commercial services use category.

P. Trade School - Uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Truck driving schools are classified as “trucking and transportation terminals” (wholesale, distribution and storage use category).

Q. Vehicle Sales and Service Uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory includes the following specific use types:

1. Commercial Vehicle Repair and Maintenance - Uses, excluding vehicle paint finishing

shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft, watercraft or similar large vehicles and vehicular equipment. Includes truck stops and truck fueling facilities.

2. Commercial Vehicle Sales and Rentals - Uses that provide for the sale or rental of large

trucks, large construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.

147 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Fueling Station - Uses engaged in retail sales of personal or commercial vehicle fuels,

including natural gas fueling stations and rapid vehicle charging stations and battery exchange facilities for electric vehicles.

4. Personal Vehicle Repair and Maintenance - Uses engaged in repairing, installing or

maintaining the mechanical components of autos, small trucks or vans, motorcycles, motor homes or recreational vehicles including recreational boats. Also includes uses that wash, clean or otherwise protect the exterior or interior surfaces of these vehicles. Does not include vehicle body or paint finishing shops.

5. Personal Vehicle Sales and Rentals - Uses that provide for the sale or rental of new or

used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles including recreational water-craft. Typical examples include automobile dealers, auto malls, car rental agencies and moving equipment rental establishments (e.g., U- haul).

6. Vehicle Body and Paint Finishing Shop - Uses that primarily conduct vehicle body work

and repairs or that apply paint to the exterior or interior surfaces of vehicles by spraying, dipping, flow-coating or other similar means.

§ 57. Wholesale, Distribution & Storage Use Category.

This category includes uses that provide and distribute goods in large quantities, principally to retail sales, commercial services or industrial establishments. Long-term and short-term storage of supplies, equipment, commercial goods and personal items is included. The wholesale, distribution & storage subcategories are as follows:

A. Equipment and Materials Storage, Outdoor - Uses related to outdoor storage of equipment, products or materials, whether or not stored in containers.

B. Trucking and Transportation Terminal - Uses engaged in the dispatching and long-term or short-term storage of trucks, buses and other vehicles, including parcel service delivery vehicles, taxis and limousines. Minor repair and maintenance of vehicles stored on the premises is also included. Includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary

on-site storage of those items.

C. Warehouse - Uses conducted within a completely enclosed building that are engaged in longterm and short-term storage of goods and that do not meet the definition of a “self-service storage facility” or a “trucking and transportation terminal.” 148 Queenstown Zoning Ordinance As Introduced 10.24.18 D. Wholesale Sales and Distribution - Uses engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale

showrooms.

1. Limited wholesale sales and distribution facilities, excluding, however, fuels and other

flammable liquids, solids or explosives held for resale and the bulk storage or handling of fertilizer, grain and feed.

2. Wholesale sales and distribution facilities including fuels and other flammable liquids,

solids or explosives held for resale and the bulk storage or handling of fertilizer, grain and feed.

§ 58. Industrial Use Category.

This category includes uses that produce goods from extracted and raw materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. The industrial subcategories are:

A. Artisan Industrial - On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations or storage. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very smallscale manufacturing uses that have no negative external impacts on surrounding properties.

B. Limited Industrial - Manufacturing and industrial uses that process, fabricate, assemble, treat or package finished parts or products without the use of explosive or petroleum materials.

Uses in this subcategory do not involve the assembly of large equipment and machinery and have very limited external impacts in terms of noise, vibration, odor, hours of operation and truck and commercial vehicle traffic.

1. Medical cannabis growing and processing – Includes establishments and uses that

cultivate, manufacture, package or distribute medical cannabis to licensed processors, licensed dispensaries or registered independent testing laboratories and the manufacture of usable medical cannabis into a medical cannabis concentrate, or manufacture of a medical cannabis-infused product.

C. General Industrial - Manufacturing and industrial uses that process, fabricate, assemble or treat materials for the production of large equipment and machines as well as industrial uses that because of their scale or method of operation regularly produce odors, dust, noise, vibration, truck/commercial vehicle traffic or other external impacts that are detectable beyond the property lines of the subject property.

149 Queenstown Zoning Ordinance As Introduced 10.24.18 D. Intensive Industrial - Manufacturing and industrial uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following:

manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This subcategory also includes petrochemical tank farms, gasification plants, smelting, asphalt and concrete plants and tanneries. Intensive industrial uses have high potential for external

impacts on the surrounding area in terms of noise, vibration, odor, hours of operation and truck/commercial vehicle traffic.

E. Junk or Salvage Yard - An area or building where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled for reclamation, disposal or other like purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles.

§ 59. Recycling Use Category.

This category includes uses that collect, store or process recyclable material for the purpose of marketing or reusing the material in the manufacturing of new, reused or reconstituted products.

A. Recyclable Material Drop-off Facility - An establishment that accepts consumer recyclable commodities directly from the consuming party and stores them temporarily before transferring them to recyclable material processing facilities. Recyclable commodities shall be limited to non-hazardous, non-special, homogeneous, non-putresable materials such as dry paper, glass, cans or plastic. The term "recyclable material drop-off facility" as used in this

chapter shall not include general construction or demolition debris facilities, and/or transfer stations, facilities located within a structure principally devoted to another use, facilities temporarily located on a lot under authority of a temporary use, and facilities for collecting used motor oil which are necessary to an automobile service station. Establishments that process recyclable material are classified as “recyclable material processing facilities.”

B. Recyclable Material Processing - Establishments that receive and process consumer recyclable commodities for subsequent use in the secondary market.

§ 60. Agricultural Use Category.

This category includes uses such as gardens, farms and orchards that involve the raising and harvesting of food and non-food crops.

150 Queenstown Zoning Ordinance As Introduced 10.24.18 A. Agriculture, Animal Production - The (principal or accessory) use of land for the keeping or raising of farm animals. Agriculture, animal production is expressly prohibited in the Town.

B. Agriculture, Crop Production - The use of land for growing, raising, or marketing of plants to produce food, feed, or fiber commodities or non-food crops. Examples of crop agriculture include cultivation and tillage of the soil and growing and harvesting of agricultural or horticultural commodities. Crop agriculture does not include community gardens or the raising or keeping of farm animals.

C. Aquaculture - the cultivation of aquatic animals and plants in natural or controlled marine or freshwater environments.

D. Community Garden - An area managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers) for personal or group consumption, for donation or for sale that is occasional and incidental to the growing and harvesting of food crops. A community garden area may be divided into separate garden plots or orchard areas for cultivation by one or more individuals or may be farmed collectively by members

of the group. A community garden may include common areas (e.g., hand tool storage sheds) maintained and used by the group. Community gardens may be principal or accessory uses and may be located at grade (outdoors), on a roof or within a building. Community gardens do not include the raising or keeping of farm animals.

E. Farmers’ Market - A retail sales use operated by a governmental agency, a nonprofit organization or one or more producers that primarily sells farm products and value-added farm products directly to consumers. Farmers’ Markets can include indoor and outdoor display and sales. A farmers market may be a principal or accessory use of a site.

F. Nurseries - Facilities used for the propagation and sale of agricultural or ornamental plants and related products. Nurseries include:

1. Retail nursery/greenhouse - Establishments offering products to the general public

including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items.

2. Wholesale nursery/greenhouse - raises nursery stock for sale to retail nurseries or other

businesses.

3. Greenhouse - a nursery facility constructed with transparent or translucent materials for

indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use.

151 Queenstown Zoning Ordinance As Introduced 10.24.18 § 61. Other Use Category.

This category includes uses that do not fit the other use categories.

A. Drive-in or Drive-through Facility - Any use with drive-through windows or drive-through lanes or that otherwise offer service to the occupants of motor vehicles. Typical uses include drive-through restaurants, drive-through pharmacies and drive-in restaurants.

§ 62. Accessory use category.

The category includes uses or structures subordinate to the principal use and customarily incidental to the principal use.

§ 63. No More Than One Principal Structure on a Lot.

A. Every structure hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one (1) principal structure on a lot unless as provided in B below.

B. More than one principal structure may be located upon a lot in the following instances subject to the lot, yard and density requirements and other provisions of this Chapter:

1. Institutional buildings.

2. Public or semi-public buildings.

3. Multiple family dwellings.

4. Commercial or industrial buildings.

5. Additional principal structures in permitted mixed-use projects with the prior approval of

the Planning Commission.

6. Condominiums.

§ 64. Permissible Uses Not Requiring Permits.

Notwithstanding any other provisions of this Zoning Chapter or the Town Code, no zoning or special-exception permit is necessary for the following uses:

A. Streets.

B. Access driveways to an individual detached single-family dwelling.

152 Queenstown Zoning Ordinance As Introduced 10.24.18 C. Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

D. Essential Services and Public Utilities.

§ 65. Permissible Uses Table.

A. Table of Permissible Uses (see following page).

153 Queenstown Zoning Ordinance As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

RESIDENTIAL USE CATEGORY

Detached House P P P -- -- -- P P P Semi-Detached Dwelling P P P -- -- -- P -- P Duplex P P P -- -- -- P -- P Townhouse -- P P -- -- -- P -- P Multi-family/Apartment/condo -- -- P -- -- -- P -- P Apartment, Commercial (See definition Commercial Apartment) -- -- PC -- -- -- -- -- P Accessory Dwelling Unit § 66. PC PC PC -- -- -- -- -- PC Manufactured Housing Unit -- -- -- -- -- -- -- -- -- Modular Home P P P -- -- -- P P --

GROUP LIVING USE CATEGORY

Sheltered Care -- -- -- SE SE -- -- -- P Halfway House -- -- -- SE SE -- -- -- -- Residential Assisted Living Facility, Group Home § 69. SC SC SC Institutional Assisted Living Facility § 70. -- -- -- SC SC -- -- -- P

PUBLIC, CIVIC AND INSTITUTIONAL USE CATEGORY

154 Queenstown Zoning Ordinance As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

Cemetery -- -- -- -- -- -- -- SE P College or University -- -- -- -- P -- -- -- P Community Center P SE P P PC P -- -- P Fraternal Organization P SE P P PC P -- -- P Governmental Facility § 5. P SE P P PC P -- -- P Hospital -- -- -- -- P -- -- -- P Library -- -- P -- -- -- -- -- P Museum or Cultural Facility P SE P P PC P -- -- P Parks and Recreation P P P P -- -- P P P Religious Assembly § 73. P P P P P -- -- -- P

Safety Service P P P P P P P P P Schools P P P -- -- -- -- -- P Utilities and Public Service Facility § 74.

Essential Services PC PC PC PC PC PC PC PC PC Public Utility PC PC PC PC PC PC PC PC PC Solar and Wind Energy Facilities 155 Queenstown Zoning Ordinance As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

Residential PC PC PC PC -- -- -- -- -- Commercial -- -- -- -- -- -- P -- P Wireless Telecommunications Freestanding Towers -- -- -- -- -- P -- SE SE Building or Tower-Mounted Antennas -- -- -- -- -- P -- SE SE Small wireless communications equipment P P P P P P P P P Satellite earth station, satellite dish P P P P P P P P P

ALTERNATIVE ENERGY USE CATEGORY

Small Wind Energy Systems § 76. PC PC PC PC PC PC PC PC PC Solar Energy Equipment § 77. PC PC PC PC PC PC PC PC PC

COMMERCIAL USE CATEGORY

Adult Entertainment Establishments -- -- -- -- -- -- -- -- -- Animal Service Grooming -- -- P P P -- -- -- P Boarding or Shelter/Kennel -- -- -- P P -- -- -- -- Veterinary Care -- -- -- P P -- -- -- P 156 Queenstown Zoning Ordinance As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

Assembly and Entertainment -- -- P P P -- -- -- P Broadcast or Recording Studio -- -- -- -- P P -- -- P Commercial Service -- -- -- P P P -- -- P Building Service -- -- -- P P P -- -- P Business Support Service -- -- -- P P P -- -- P Consumer Maintenance and Repair Service -- -- -- P P P -- -- P Personal Improvement Service -- -- P P P -- P -- P Personal Improvement Service - Massage Therapy Services -- -- -- -- P -- -- -- P

Personal Improvement Service - Tattoo and Body Piercing -- -- -- -- P -- -- -- P Research Service -- -- -- P P P -- -- P Marine Service -- -- -- -- -- -- P -- -- Private and municipal piers, docking, and landing facilities P P P -- -- -- P P -- Day Care Day Care Center § 72. -- -- -- P P -- -- -- P Day Care Home SC SC SC -- -- -- -- -- Eating and Drinking Establishments -- -- P P P -- P -- P 157 Queenstown Zoning Ordinance

As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

Financial Service -- -- P P P -- -- -- P Funeral and Mortuary Service -- -- P P P -- -- -- P Lodging Hotel and Motel -- -- -- -- P -- P -- P Bed and Breakfast §71. SC SC PC -- -- -- P P -- Boardinghouse SE SE P -- -- -- -- -- -- Office -- -- P P P P -- -- P Parking, Non-Accessory -- -- P P P -- -- -- P Retail Sales -- -- P P P -- P -- P Retail Sales accessory to a principal use -- -- -- -- -- P P -- --

Convenience Goods -- -- P P P -- -- -- P Convenience Goods - Medical Cannabis Licensed Dispensary § 1 82. -- -- -- -- PC -- -- -- PC Consumer Shopping Goods -- -- -- P P -- P -- P Building Supplies and Equipment -- -- -- -- P P -- -- P Self-service Storage Facility -- -- -- -- P P -- -- -- Studio, Instructional or Service -- -- P P P -- -- -- P 158 Queenstown Zoning Ordinance As Introduced 10.24.18

§ 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

Trade School -- -- -- P P P -- -- P Vehicle Sales and Service Commercial Vehicle Repair and Maintenance -- -- -- -- -- P -- -- -- Commercial Vehicle Sales and Rentals -- -- -- -- -- P -- -- -- Fueling Station -- -- -- P P PC -- -- P Personal Vehicle Repair and Maintenance -- -- -- P P P -- -- P Personal Vehicle Sales and Rentals -- -- -- P P P -- -- P Vehicle Body and Paint Finishing Shop -- -- -- -- -- P -- -- --

WHOLESALE, DISTRIBUTION & STORAGE USE CATEGORY -- -- -- -- -- -- -- --

Equipment and Materials Storage, Outdoor -- -- -- -- -- P -- -- -- Trucking and Transportation Terminal -- -- -- -- -- P -- -- -- Warehouse -- -- -- -- -- P -- -- -- Wholesale Sales and Distribution -- -- -- -- -- -- -- -- Limited wholesale sales and distribution facilities -- -- -- -- P P -- -- P Wholesale sales and distribution facilities including fuels and other flammable liquids, solids or explosives -- -- -- -- -- P -- -- --

159 Queenstown Zoning Ordinance As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

INDUSTRIAL USE CATEGORY

Artisan Industrial -- -- -- -- -- P -- -- -- Limited Industrial -- -- -- -- -- P -- -- -- Medical cannabis growing and processing § 87. -- -- -- -- -- P -- -- -- General Industrial -- -- -- -- -- P -- -- -- Intensive Industrial -- -- -- -- -- -- -- -- --

RECYCLING USE CATEGORY

Recyclable Material Drop-off Facility -- -- -- -- P P -- -- P Recyclable Material Processing -- -- -- -- -- P -- -- --

AGRICULTURAL USE CATEGORY -- -- -- -- -- -- -- --

Agriculture, Animal Production -- -- -- -- -- -- -- -- -- Agriculture, Crop Production § 84. -- -- -- -- -- P P P P Agriculture support (except organic fertilizer storage and transfer operations) -- -- -- -- -- P -- P -- Aquaculture -- -- -- -- -- -- -- P -- Farmers’ Market -- -- PC PC -- -- -- SC -- 160 Queenstown Zoning Ordinance As Introduced 10.24.18 § 65. Permissible Uses Table

LEGEND:

P = Permitted if allowed in the underlying zoning district PC = Permitted with conditions if allowed in the underlying zoning district SE = Special Exception Use SC = Special Exception Use with conditions

USE CATEGORY AND DESCRIPTION ZONING DISTRICT

R-1 R-2 TC HC RC I QRD CS RPC

Nurseries -- -- -- -- -- -- -- P --

OTHER USE CATEGORY

Drive-in or Drive-through Facility -- -- -- P P -- -- -- P Temporary uses § 81. P P P P P P P P P Adaptive reuse § 83. SC SC -- -- -- -- -- SC -- Portable and Roll off containers § 86. PC PC PC PC PC PC PC PC PC

ACCESSORY USE AND STRUCTURES

Customary Accessory Uses P P P P P P P P P Dwellings for resident watchmen and caretakers employed on the premises -- -- -- -- -- P -- -- -- Farm employee dwelling -- -- -- -- -- P P -- Home Occupations § 75. -- -- -- -- -- -- -- -- Type 1 PC PC -- -- -- -- PC -- PC Type 2 SC SC -- -- -- -- SC -- SC Outdoor storage and display § 85. -- -- PC PC PC PC PC -- PC 161 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE VII. SUPPLEMENTARY USE REGULATIONS

This Article contains regulations applicable to specific uses that supplement the requirements found in other articles of this Chapter. The following specific supplementary use regulations are applicable to both specific uses permitted by right and to uses permitted by special exception as indicated in Article X and in the Table of Permissible Uses.

§ 66. Accessory Dwelling Unit.

An accessory dwelling unit may be permitted by the Planning Commission in the R-1 and R-2 districts provided that there shall be no more than one accessory dwelling unit per lot and provided such accessory dwelling unit shall comply with the following standards.

A. Location. An accessory dwelling unit may be located on the same lot as a detached single family dwelling unit. An accessory dwelling unit may not be located on the same lot as a two-family dwelling, townhouse or multi-family dwelling.

B. Design Standards

1. Purpose. Standards for creating accessory dwelling units address the following

purposes:

a. Ensure that accessory dwelling units are compatible with the desired character and livability of residential districts;

b. Respect the general building scale and placement of structures to allow sharing of common space on the lot, such as driveways and yards; and c. Ensure that accessory dwelling units are smaller in size than the principal residential unit.

2. Generally, the design standards for accessory dwelling units are stated in this

section. If not addressed in this section, the base zoning district development standards apply.

3. Creation. An accessory dwelling unit may only be created through the following

methods:

a. Converting existing living area, attic, or basement;

b. Adding floor area to an existing dwelling;

162 Queenstown Zoning Ordinance As Introduced 10.24.18 c. Construction of a stand-alone unit; or d. Adding onto an existing accessory building (e.g., apartment in an existing garage).

4. Location of Entrances. Only one entrance may be located on the front facade of

the principal dwelling facing the street, unless the principal dwelling contained additional front facade entrances before the accessory dwelling unit was created.

5. Parking

a. No additional parking space is required for the accessory dwelling unit if it is created on a site with an existing house and on-street parking is permitted and adequate.

b. One additional parking space located on or within 100 feet of the lot is required for the accessory dwelling unit: (1) when none of the roadways in abutting streets can accommodate on-street parking or (2) when the accessory dwelling unit is created at the same time as the principal dwelling.

6. Maximum Size. The size of an accessory dwelling unit may be no more than fifty

(50) percent of the living area of the principal dwelling or eight-hundred (800)

square feet, whichever is less.

7. Accessory dwelling units created through the addition of floor area must meet the

following standards:

a. The exterior finish material must be the same or visually match in type, size, and placement, the exterior finish materials of the principal dwelling b. The roof pitch must be the same as the predominant roof pitch of the principal dwelling. The Planning Commission may permit a different roof pitch if needed due to the shape of the roof on the existing principal dwelling if it determines that the proposed roof pitch will maintain a

compatible appearance.

c. Trim on the edges of elements on the addition must visually match the type, size and location as the trim used on the rest of the principal dwelling.

163 Queenstown Zoning Ordinance As Introduced 10.24.18 d. Windows must match those in the principal dwelling in proportion and orientation.

e. Eaves must project from the building walls the same distance as the eaves on the rest of the principal dwelling.

§ 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 classify 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 of occupants of the principal use; and c. is customarily found in association with the subject principal use or principal structure.

3. 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.

164 Queenstown Zoning Ordinance As Introduced 10.24.18

2. Private garage.

3. 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 utility trailers, not part of an approved commercial use, subject to the following:

1. Not more than one (1) recreational vehicle and one (1) piece of either recreational

equipment or a utility trailer may 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) feet from the property line and are situated at least ten (10) feet to the rear of a lateral projection of the front foundation 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 utility 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 the front yard if:

a. setback at least three (3) feet from any side lot line, b. located on a driveway, and 165 Queenstown Zoning Ordinance As Introduced 10.24.18 c. does not intrude into the public right-of-way or obstruct a sidewalk.

3. The Planning Commission may approve alternative parking or storage arrangements

if it finds there is no reasonable access to the building side yards or rear 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 owner or occupant of the subject property.

6. All recreational vehicles, recreational equipment, and utility trailers, intended for

highway use, must be properly licensed and ready for highway use.

7. Except as provided in subsection (a) below, no recreational vehicle, equipment, or

utility trailer may have its wheels removed or be affixed to the ground to prevent immediate removal.

(a). Boats that are unable to be stored on a trailer due to the keel may be placed on blocks, jacks, or similar supports provided that the lowest portion of the boat does not exceed a height of twelve (12) inches above the ground.

8. No parked or stored recreational vehicle, recreational equipment, or utility trailer may

be used for living, sleeping, or business purposes.

9. Such vehicles may be stored in a specially marked parking area for residents only in a

multi-family rental or condominium unit development. Such areas must be screened from adjacent off-site uses as required by the Planning Commission.

D. Outdoor storage or display of junk for more than twenty-one (21) consecutive days shall not qualify as an accessory use or any use of right or for any special exception use and shall be prohibited.

E. Outdoor storage and display areas accessory to nonresidential uses.

1. Outdoor storage or display areas shall comply with each of the development standards set

forth herein and failure to comply with any standard.

2. The outdoor storage or display areas as an accessory use to a lawfully established

commercial business shall not exceed 50 percent of the area of the parcel of land.

166 Queenstown Zoning Ordinance As Introduced 10.24.18

3. No vehicle, camper, trailer, boat, equipment, machinery, or other stock-in-trade

merchandise shall be parked or displayed in any area specified on an approved site plan for on-site traffic circulation, landscaping, parking and loading, setback area, stormwater drainage area, open space area or bufferyard.

4. The outdoor storage or display area shall not be located within fifty (50) feet from the

nearest residential zoning district.

5. The paving of the area used for storage or display purposes is not required, provided the

area is dust-free.

6. Adjacent properties and rights-of-way shall be screened and buffered from the outdoor

storage or display area such that items within the screened area are not visible through such screening. Screening and buffering of outdoor storage areas shall be included on any site plan. The site plan shall state the type (e.g., plantings, structure, berm), height and location of all screening and buffering proposed. In the case of a plantings screen or buffer, the mix of plants, shrubs and trees used for screening and buffering shall be

approved by the Planning Commission.

7. The outdoor display, storage, and parking of vehicles for sale shall be permitted, provided

that all vehicles are parked on asphalt or concrete and the display areas are approved by the Planning Commission.

8. Storage of hazardous materials shall be in accordance with applicable state and federal

standards.

§ 68. Apartment Conversion.

Conversion of existing large homes into two or more apartments is permitted in the Town Center (TC) district provided there shall be 5,000 sq. ft. of land area for each apartment unit and offstreet parking facilities shall be furnished as required under § 117 of this Chapter.

§ 69. Assisted Living Facilities, Group Home.

The Board of Appeals may permit assisted living facilities or group homes as a special exception in the R-1, R-2 and TC districts provided:

A. The maximum number of residents/client is limited to no more than eight (8).

B. The facility is licensed by the State of Maryland and complies with and continues to comply with all applicable Federal, State and local laws and regulations.

167 Queenstown Zoning Ordinance As Introduced 10.24.18 C. The facility shall comply with following minimum requirements unless Federal, State or County laws or regulations require a higher standard:

1. A minimum of 80 square feet of functional space shall be provided for single

occupancy and 120 square feet for double occupancy rooms;

2. No more than two residents may share a room;

3. Facilities previously licensed as domiciliary care homes must provide a minimum

of 70 and 120 square feet for single and double occupancy, respectively;

4. Buildings must provide at least one toilet for every four occupants and larger

buildings must also have at least one toilet on each floor;

5. Showers/baths must be available for every eight (8) occupants;

6. Residents/clients shall be provided adequate indoor common areas were social

and recreation activities may occur, including access to television; and

7. Where smoking is only permitted or required outside of the building(s), the

applicant shall provide a designated smoking area that is protected from the elements, e.g., overhead protection from rain.

D. Facilities not complying with current State laws and regulations shall be found to be in violation of the terms of the special exception and shall cease to operate.

§ 70. Assisted Living Facilities, Institutional.

The Board of Appeals may permit an institutional assisted living facility that houses more than eight (8) residents, in the HC and RC Commercial districts subject to the following:

A. Residents are provided service and supervision by licensed operators in accordance with federal, state and local laws, regulations and requirements.

B. The minimum allowable number of parking spaces shall be ¼ space per unit and the maximum allowable shall be ½ per unit.

C. Accessory uses shall be allowed within the residential facility or a separate community center facility on-site. Such uses as may be desirable for the convenience of the residents including, without limitation, barbers/hairdressers, retail sales, restaurants, snack bars, gift shops, laundry services, banking and financial services, business and professional offices are subject to the following conditions:

168 Queenstown Zoning Ordinance As Introduced 10.24.18

1. Accessory Uses shall be solely for the use and convenience of residents of a

facility;

2. Accessory uses shall be wholly within a residential facility or a separate

community center facility on-site and shall have no exterior advertising display.

§ 71. Bed and Breakfast Establishments.

A bed and breakfast may be permitted by the Board of Appeals as a special exception in the R-1 and R-2 districts and are permitted in the TC, HC and RC districts subject to the following conditions:

A. The facility is an owner-occupied detached family dwelling and complies with all applicable fire, safety, health codes, noise and nuance regulations.

B. No meal other than breakfast is served to guests, which is included in their room charge.

No meal may be provided for compensation to any other nonresident of the dwelling unit.

C. In the R1- and R-2 district no "bed-and-breakfast establishment" shall contain more than six (6) guest sleeping rooms. Only designated rooms shall be used for sleeping. A floor plan showing designated sleeping rooms as well as the owner occupant and family’s sleeping rooms shall be included with applications for a bed and breakfast.

D. A minimum of one full bathroom with lavatory, toilet and shower or tub or combination thereof shall be available for every two guest rooms.

E. No guest room shall contain more than two beds.

F. Off-street parking shall be provided at the rate of one space per guest room and two spaces for the owner-occupant.

1. The parking spaces are to be located on the property in such a manner as to

minimize any adverse impact upon the appearance of the property and to minimize the destruction of shrubs and trees readily visible from a public way.

2. In granting a Special Exception for a Bed and Breakfast establishment, the Board

of Appeals shall approve parking arrangements, including location, dimensions and surfaces and specify appropriate buffers to separate parking areas from adjoining residential properties.

G. No cooking facilities shall be permitted in any guest room.

169 Queenstown Zoning Ordinance As Introduced 10.24.18 H. Upon conversion of an existing dwelling to a "bed-and-breakfast establishment," no additional entrance shall be permitted in the front facade.

I. No guest shall be permitted in a "bed-and-breakfast establishment" for more than ten (10) consecutive nights.

J. No more than four (4) persons shall simultaneously occupy any one room in a bed-andbreakfast facility.

K. There shall be no more than two full-time nonresident employees for each bed-andbreakfast establishment.

§ 72. Child or Elderly Day Care Center.

A. Child or elderly day care centers may be permitted as a special exception in the HC and RC districts and child or elderly care centers serving no more than five (5) persons may be permitted as a special exception in the R-1 Residential, R-2 Residential and the TC Town Center districts subject to the following:

1. The proposed facilities meet all applicable requirements of County, State and/or

Federal regulations.

2. The applicant shall provide a minimum of 100 square feet of usable outdoor

recreation area for each child that may use this space at any one time. Such usable outdoor recreation area shall be identified on the site plan and shall be sufficiently buffered from adjacent residential area. Usable outdoor recreation areas shall be limited to the side and rear yard of the property. Recreational areas shall not include the required front yard of the property or any off-street parking areas.

3. All such uses shall be located so as to permit the safe pickup and delivery of all

people on this site.

4. Such use shall not constitute a nuisance because of traffic, insufficient parking,

number of individuals being cared for, noise, or type of physical activity.

5. The area of the property shall contain no less than 1,000 square feet per client

being cared for.

6. The Board may prescribe specific conditions determined necessary to minimize

effects of use on neighboring properties given identification of concerns specific to a particular site.

170 Queenstown Zoning Ordinance As Introduced 10.24.18

7. Hours of operation are limited to 6 AM to 7 PM daily.

8. The requirements of these sections shall not apply to child or elderly day care

facilities or centers that are operated by a non-profit organization in buildings, structures, or on premises owned or leased by a religious organization and which premises are regularly used as a place of worship or are located on premises owned or leased by a religious organization adjacent to premises regularly used as a place of worship, or are used for private parochial educational purposes that are

exempted under the provisions of this section for private educational institutions or are located in publicly owned school buildings.

§ 73. Religious Assembly.

A. Existing building and structures for religious assembly, including associated educational schools, and associated residential structures for religious, and accessory buildings and uses, at the time of the adoption of this Chapter, shall be permitted as a matter-of-right in any zone, and may be enlarged, expanded, or added to as a permitted use.

§ 74. Essential Services and Public Utilities.

It is the intent of this section to provide for the establishment of essential services and public utilities without restrictions in all use districts while at the same time protecting residents by the application of fencing, safety and other requirements for utility buildings and structures.

A. An essential service and public utilities shall be an inherently permitted use in any district. However, relay stations, storage stations, electric substations and buildings used or maintained for essential services and public utilities shall be subject to Planning Commission review for compliance insofar as possible with applicable design guidelines and landscape standards.

B. No area requirements for any use district shall be applicable to essential services.

C. No setback requirements for any use district shall be applicable to essential services.

D. The Planning Commission may require such uses be appropriately screened to minimize any adverse impacts to adjacent residential uses.

§ 75. Home Occupation.

A. The Town recognizes the desire and/or need of some citizens to use their residence for business activities in order to reduce travel and to provide another economic development tool, but also recognizes the need to protect the surrounding areas from adverse impacts 171 Queenstown Zoning Ordinance As Introduced 10.24.18 generated by these business activities. The standards in this section ensure that the home

occupation remains subordinate to the residential use, and that the residential character of the dwelling unit is maintained. The standards recognize that many types of jobs can be done in a home with little or no effects on the surrounding neighborhood.

B. There are two types of home occupations, Type 1 and Type 2. Uses are allowed as a home occupation only if they comply with all of the requirements of this Chapter.

Determination of whether or not a proposed home occupation is a Type 1 or Type 2 shall be made by the Planning Commission.

1. Type 1. A Type 1 home occupation is one wherein the residents use their home as

a place of work; however, no employees or customers come to the site. A Type 1 home occupation shall be permitted by the Town in all zoning districts.

2. Type 2. A Type 2 home occupation is one where either one employee (residing

outside of the dwelling) or customers/clients come to the site. Examples are day care services, counseling, tutoring, and other such instructional services.

C. Permitted Home Occupations. Examples of permitted home occupations include, but are not necessarily limited to, the following:

1. Offices for such professionals as, but not limited to, architects, brokers,

counselors, clergy, doctors, draftspersons and cartographers, engineers, land planners, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, psychologists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons, manufacturer’s representatives, and travel agents.

2. Instructional services, including music, dance, art and craft classes.

3. Studios for artists, sculptors, photographers and authors.

4. Workrooms for tailors, dressmakers, milliners, and craft persons, including

weaving, lapidary, jewelry making, cabinetry, and woodworking.

D. A Type 2 home occupation may be permitted by the Board of Zoning Appeals as a special exception in the residential districts provided that such use shall conform to the following standards which shall be the minimum requirements:

1. Operational Standards

a. Conditions of approval established by the Board of Zoning Appeals shall 172 Queenstown Zoning Ordinance As Introduced 10.24.18 specify the hours of operation, maximum number of customer/client visits that may occur in any one day and the maximum number of customers/clients that can be present during hours of operation.

b. A Type 2 home occupation shall have no more than one (1) nonresident employee on the premises at any one time. The number of nonresident employees working at other locations other than the home occupation is not limited.

c. The home occupation shall be limited to the parking/storage of one (1) commercial vehicle on the premises, not exceeding a 15,000 pounds gross vehicle weight d. Type 1 home occupations are not required to provide any additional parking beyond what is required for the residential use. Type 2 home occupations shall provide two (2) hard surfaced, dust-free parking areas.

e. The equipment used by the home occupation and the operation of the home occupation shall not create any vibration, heat, glare, dust, odor, or smoke discernible at the property lines, generate noise exceeding those permitted by State Code and the Queenstown Code, create electrical, magnetic or other interference off the premises, consume utility quantities that negatively impact the delivery of those utilities to surrounding

properties, or use/or store hazardous materials in excess of the quantities permitted in a residential structure.

2. Site Related Standards

a. Outdoor activities.

(1) All activities must be in completely enclosed structures

(2) Exterior storage or display of goods or equipment is prohibited.

b. Appearance of structure and site. The dwelling and site must remain residential in appearance and characteristics. Internal or external changes which will make the dwelling appear less residential in nature or function are prohibited.

c. Signage shall be limited to one unlighted or indirectly lighted sign per address not exceeding two (2) square feet in area either mounted flush 173 Queenstown Zoning Ordinance As Introduced 10.24.18 with and on the front facade of the dwelling unit or hung on an independent post.

§ 76. Small Wind Energy System.

A Small Wind Energy System may be permitted as an accessory use subject to the following requirements:

A. Setbacks. A wind tower for a Small Wind Energy System shall be set back a distance equal to its total height plus an additional 20 feet from:

1. Any State, Town or County right-of-way or the nearest edge of a State, Town or

County roadway, whichever is closer;

2. Any right of ingress or egress on the owner's property;

3. Any overhead utility lines;

4. All property lines; and

5. Any existing guy wire, anchor or small wind energy tower on the property.

B. Access.

1. All ground mounted electrical and control equipment shall be labeled and secured

to prevent unauthorized access.

2. The tower shall be designed and installed so as to not provide step bolts or a

ladder readily accessible to the public for a minimum height of 8 feet above the ground.

C. All electrical wires associated with a Small Wind Energy System, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

D. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the Small Wind Energy Systems, such as appurtenant structures, shall be limited to that required for safety purposes, and shall be reasonably shielded from abutting properties.

E. The wind generator and wind tower shall remain painted or finished the color or finish that was originally applied by the manufacturer.

F. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other 174 Queenstown Zoning Ordinance As Introduced 10.24.18 structure associated with a Small Wind Energy System shall be prohibited.

G. A Small Wind Energy System including wind tower shall comply with all applicable construction and electrical codes.

H. Utility notification and interconnection. Small Wind Energy Systems that connect to the electric utility shall comply with the Public Service Commission regulations.

I. Small Wind Energy Systems shall not be attached to any building, including guy wires.

J. Each property is eligible for one Small Wind Energy Systems only.

K. Abandonment.

1. A Small Wind Energy System that is out-of-service for a continuous 6-month

period will be deemed to have been abandoned. The Planning Commission may issue a Notice of Abandonment to the owner of a Small Wind Energy System that is deemed to have been abandoned. The Owner shall have the right to respond in writing to the Notice of Abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within thirty

(30) days from the date of the Notice. The Planning Commission shall withdraw

the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.

2. If the Small Wind Energy System is determined to be abandoned, the owner of a

Small Wind Energy System shall remove the wind generator from the wind tower at the Owner's sole expense within three (3) months of the date of Notice of Abandonment. If the owner fails to remove the wind generator from the wind tower, the Planning Commission may have the wind generator removed and assess the cost of the removal as a lien against the property.

M. Public Service Commission.

In accordance with State law any property owner seeking to construct a Small Wind Energy System and connect such system to the main power grid with the capability of transporting energy back to their main power company shall apply to the Public Service Commission (PSC) for approval and provide documentation of such approval to the Town prior to construction and being issued a building permit.

N. Variances.

175 Queenstown Zoning Ordinance As Introduced 10.24.18 Variances to the distances, restrictions, and standards contained in this Article are not permitted.

O. Noise.

All Small Wind Energy Systems shall comply with the limitations contained in the State law.

P. Violations.

It is unlawful for any person to construct, install, or operate a Small Wind Energy System that is not in compliance with this chapter or with any condition contained in any permit issued pursuant to this chapter.

§ 77. Solar Energy Equipment.

Solar Energy Equipment may be permitted as an accessory use subject to the following:

A. Solar Energy Equipment may be located on roofs of principal buildings or ground mounted.

B. Placement of Solar Energy Equipment is not permitted within the required front yard. It is understood that this equipment may on occasion, be visible from the public way even if located in the side or the rear yard.

C. If the solar energy equipment is unable to be located on the roof of the principal structure as is preferred, placement of ground mounted solar energy equipment in the required side or rear yard may be permitted only if the equipment is not located in the required setback for a structure in the subject.

D. The solar energy equipment must be adequately screened from view of residential neighbors by appropriate vegetative screening or appropriate and adequate solid fencing.

E. Any proposed fencing must comply with all applicable height requirements. Natural colored fencing is preferred.

F. Roof mounted Solar Energy Equipment should be located so as not to increase the total height of the structure above the maximum allowable height of the structure on which it is located, in accordance with the applicable zoning regulations.

G. Prior to issuing a permit for the placement of any solar energy equipment, the Planning Commission shall be provided with any requested information in regard to proving 176 Queenstown Zoning Ordinance As Introduced 10.24.18 compliance with this section. This information may include a sun and shadow diagrams specific to the subject proposed installation which would enable the Planning Commission to determine if solar access will be impaired due to the proposed location or

to the location of objects which may obstruct the solar access.

H. The Planning Commission may also require submission of detailed information, including maps, plans or dimensioned sketches, showing the proposed location, including setbacks from property lines or distances from structures which are used for habitation on neighboring properties. The Planning Commission also may require engineering data demonstrating that the structure can safely carry the load.

I. The Planning Commission may also require the submission of an as-built plan showing the actual location of any installed solar energy equipment. If the equipment is not installed as permitted, the Planning Commission may order its removal and/or relocation as appropriate.

§ 78. Standards Applicable to the RC Regional Commercial District.

A. Dimensional Standards

1. Minimum lot size – two (2) acres.

2. Minimum principal building setbacks from lot perimeter property lines:

a. along public roads and other commercial, industrial zones - 30 feet b. along other zones - 25 feet

3. Minimum parking lot/driveway setbacks from lot perimeter property line:

a. along public roads and other commercial, industrial zones - 10 feet b. along other zones - 25 feet

4. Minimum free-standing sign setbacks from lot perimeter property lines:

a. along public roads and other commercial, industrial zones - 10 feet b. along other zones - 25 feet B. Performance Standards 177 Queenstown Zoning Ordinance As Introduced 10.24.18

1. At least sixty (60) percent of the floor space for any permitted use or combination

of uses shall be occupied by retail stores, office and professional space.

2. The maximum height for buildings and other structures erected or enlarged in this

Zone shall be 45 feet.

3. Parking:

a. For any lot on which more than one permitted use is present, four spaces per 1,000 sq. ft. of floor space not used for warehousing or food preparation; and one space per 6,000 sq. ft. of floor space used for warehousing or food preparation.

b. For any lot on which only one use is present, the minimum number of parking spaces shall be set forth as provided in Article X.

4. For any individual use having a gross floor area of 20,000 sq. ft. or more, there

shall be provided and maintained on the same lot with direct access to the building for loading and unloading, at least one off-street loading space, plus one additional such loading space for each additional individual use of 20,000 sq. ft.

of gross floor area. Each off-street loading space shall be at a minimum 45 feet long, 10 feet wide and 14 feet high. The Planning Commission may modify this requirement where it can be demonstrated alternative dimensions serve the purpose and do not create traffic or pedestrian safely issues.

C. Special Provisions Concerning Non-conforming Uses, Structures or Premises Notwithstanding any other more restrictive provision of this Chapter to the contrary, if any use, structure or premise zoned RC hereunder shall hereafter become nonconforming by amendment to this Chapter

1. And if all such non-conforming uses of premises cease for any reason for a period

of more than one year, then no non-conforming use shall be renewed or instituted and any uses of the premises shall be required to be conforming;

2. Such non-conforming uses and structures may be replaced or rebuilt, in the same

or lesser dimensions, but not enlarged, if they are partially or completely destroyed , by any means;

3. Any such use may be replaced by any other use allowed in the RC zone at the

time this Section is enacted 178 Queenstown Zoning Ordinance As Introduced 10.24.18

4. Structural and non-structural modifications may be made to the interior of nonconforming structures;

5. Non-structural modifications may be made to the exterior of non-conforming

structures.

§ 79. Standards Applicable to the “I” Industrial District.

A. All manufacturing uses shall be conducted within a completely enclosed building. No storage of raw, in process, or finished material and supplies, waste material, finished or semi-finished products manufactured or sold on the premises may be stored in the open if they are visible from the street, or from adjacent property, unless they are screened by landscaping, fences or walls.

B. Where a proposed use abuts a residential zone, the manner, location and hours of operations and deliveries to the premises shall be reasonable so as to maintain a daily cycle of activity and periods compatible with the residential area.

C. All development shall provide secure, safe, and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collect, and shall be screened from the view of all streets, residential uses and adjacent properties by a solid wall or planting, or a combination of two.

D. Loading operations shall be conducted at the side or rear of buildings. Service drives or other areas shall be provided for off-street loading, and shall be provided in such a way that in the process of loading or unloading, no truck will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for circulation.

E. No parking or storage of material or products shall be permitted in the required front yard.

F. All fencing shall have a uniform and durable character and shall be properly maintained.

G. Glare. Any operation or activity producing intense light or glare shall be performed in such a manner as not to create a nuisance across lines. Direct illumination from any source shall be screened from adjoining properties.

H. Heat. Heat from an industrial use shall not at any time cause a temperature increase on any adjacent property in excess of 100F., whether such change be in the air or on the ground, in a stream, wetland or lake, or in or on any structure on such adjacent property.

179 Queenstown Zoning Ordinance As Introduced 10.24.18 I. Liquid or Solid Wastes. No industrial use shall result in the discharge of liquid or solid waste into any public sewer, private sewage system, public waters, or into the ground;

except in compliance with applicable federal or state laws governing discharge. There shall be no accumulation outdoors of waste material conducive to the breeding of rodents or insects.

J. Smoke and Particulate Matter. Open storage and open processing operations, including on-site transportation movements which are the source of wind borne dust or other particulate matter, or which involve dust or other particulate air contaminant generating equipment (such as used in paint spraying, grain handling, sand or gravel processing, or sandblasting) shall be conducted so that dust and other particulate air contaminants are

not transported in visible quantities across the boundary line of the tract on the which the industrial use is located.

K. Toxic and Hazardous Materials. All toxic and hazardous materials used in industrial operations shall be registered with the Queenstown Fire Department.

L. Odor. Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the health and welfare of the public, or which interferes unreasonably with the comfort of the public, shall be removed, stopped or so modified as to remove the odor.

M. When an access driveway and/or parking area is shared by two or more lots:

1. The driveway and/or parking area may be located along or straddling the common

boundary of the two lots.

2. The driveway shall be a minimum width of 15 feet.

N. When a driveway and/or parking area is shared by two or more lots.

1. Access easements and maintenance agreements, or other suitable legal

mechanism, shall be provided, and acceptable to the Town Commissioners.

2. Liability safeguards for all property owners and lessees served by the shared

access shall be guaranteed to the satisfaction of the Town Commissioners.

O. Motor Vehicle Service Stations shall comply with the following:

1. The probability of a reasonable public need shall be provided and supported by

data.

180 Queenstown Zoning Ordinance As Introduced 10.24.18

2. No more than two pump islands or eight pumps will be permitted.

3. Outdoor storage of rental trucks or trailers is prohibited unless fenced and

screened.

4. Outdoor storage of tires in any form is prohibited.

5. Outdoor storage of disabled vehicles is prohibited.

P. Prohibited Uses:

1. Uses, activities or processes that create an undue risk of fire, explosion, noise,

radiation, injury, damage or other physical detriment to any structure, person, or natural feature beyond the boundaries of the premises on which the use, activity, or process is located.

2. Uses, activities or processes that create any dangerous, injurious, noxious, or

otherwise objectionable noise, smoke, dust, or odor.

§ 80. Standards Applicable to the TC Town Center District.

A. All structures connected by common roof line or covered walkways shall be considered as one building B. A zero front yard setback shall be approved by the Planning Commission for a specific case, where the resulting set back is compatible with the setbacks on adjacent properties, thereby maintaining the existing streetscape.

C. When an access driveway is shared by two or more lots:

1. The driveway may be located along or straddling the common boundary of the

lots.

2. The driveway shall be a minimum width of 15 feet.

D. When a driveway and/or parking area is shared by two or more lots

1. Access easements and maintenance agreements or other suitable legal

mechanisms shall be provided, and acceptable to the Town Commissioners.

181 Queenstown Zoning Ordinance As Introduced 10.24.18

2. Liability safeguards for all property owners and lessees served by the shared

access shall be guaranteed to the satisfaction of the Town Commissioners.

E. A dish antenna placed at a particular location on the lot shall be allowed in accordance with a permit issued by the Planning Commission. The antenna shall be screened from adjoining properties by means of one or a combination of the following: a landscaped earth mound, a privacy fence, evergreen plant material approved by the Planning Commission. No such antenna shall be located in any front yard or on any roof of a

structure.

F. The parking of one trailer, or the use of one building as a temporary field or sales office in connection with building development shall be allowed in accordance with a permit issued by the Town. Neither the trailer nor the building shall be used for living or sleeping other than for overnight security purposes.

§ 81. Temporary Uses.

The Planning Commission may authorize a temporary use of a building, structure or premises in any district as follows:

A. Temporary use, construction - The Planning Commission may permit a temporary buildings and structures, including trailers for uses incidental to construction work having a definite completion date and on the condition that such temporary buildings and structures shall be removed upon the completion or discontinuance of construction.

Neither the trailer nor the building shall be used for living or sleeping other than for overnight security purposes.

B. Temporary use, sales – The Planning Commission may permit one trailer, or the use of one building as a temporary field or sales office in connection with building development. The temporary sales trailer shall be removed at the point in time when all the residential lots have been sold and the sales office is closed. Neither the trailer nor the building shall be used for living or sleeping other than for overnight security purposes.

C. Temporary use, emergency – The Planning Commission may permit temporary buildings, structures and uses needed as the result of a natural disaster or other health and safety emergencies for the duration of the emergency.

§ 82. Medical Cannabis Licensed Dispensary.

A. Shall be located more than 2,500 feet from another Medical Cannabis Licensed Dispensary; and 182 Queenstown Zoning Ordinance As Introduced 10.24.18 B. Shall not have an on-site prescribing authority for the purpose of issuing written certifications for medical cannabis.

§ 83. Adaptive Reuse of Historic Structures.

A. The Board of Appeals may permit an adaptive reuse of an existing historic structure for hosting events such as weddings, receptions, anniversaries, family reunions, company socials and similar events subject to the following:

1. The proposed structure and/or site is listed on the National Register of Historic

Places or the Maryland Inventory of Historic Sites;

2. The property and structures size and located are deemed adequate to

accommodate the event and related activities with minimal adverse impacts to neighboring properties; and

3. The proposed use is recommended for approval by the Planning Commission.

B. The Board of Appeals may establish reasonable limitations on the use including but not limited to:

1. The maximum number of events in any given time period, e.g., a calendar year, a

month;

2. The maximum number of attendees that may be accommodated at a single event;

3. Hours of operation;

4. Noise abatement measures;

5. Parking arrangement; and

6. Traffic control.

C. The Board of Appeals may require the applicant periodically renew their approval of the special exception.

183 Queenstown Zoning Ordinance As Introduced 10.24.18 § 84. Agriculture, Crop Production.

A. Agriculture crop production may be permitted in the QRD and QCS district on parcels of ten (10) acres or more.

B. Agriculture crop projection may continue in any district if established prior to (date of adoption of this version of the Zoning Chapter).

C. Agriculture, animal (Note: Allows crop production to continue on annexed lands until developed, e.g. Waterman property.

§ 85. Outdoor Storage and Display.

A. Generally. It shall be unlawful for any owner or occupant to place, deposit, or maintain outdoor storage on any premises or property except as permitted in this chapter.

B. Outdoor Display by Retail Uses. Retailers of both new and used merchandise shall be permitted to display outdoors. The following conditions shall apply to the display of merchandise outdoors:

1. Display of merchandise must be set back ten feet from all property lines;

2. No merchandise may be placed on a public sidewalk.

3. All merchandise shall be located within the confines of the retailer's owned or

leased property;

4. No merchandise may be placed on landscaping, within three feet of either side of

a working doorway or within ten feet directly in front of a working doorway;

5. Merchandise shall not be placed in a designated sight triangle or in any location

which would impair a driver's view of a street;

6. Merchandise shall be displayed and maintained in a neat, clean, tidy, and orderly

manner;

7. Temporary parking lot sales shall be a permitted use in commercial districts, as

long as the sales are conducted as an extension from a permanent structure containing a retail business. In addition, minimum off-street parking requirements must be maintained, as well as any other provisions of this chapter. This section shall not be construed to allow a sub-lessee to occupy a parking lot for the purpose of conducting independent sales activity;

184 Queenstown Zoning Ordinance As Introduced 10.24.18

8. The size of the outdoor display area for secondhand goods or merchandise shall

be limited to ten percent of the total indoor gross floor area of the business (excluding accessory buildings, as allowed by this chapter) and in no event shall exceed 100 square feet;

9. No secondhand goods or merchandise shall be displayed or stored or otherwise

left outdoors during non-operating hours of the business;

10. This section shall not apply to the sale of motor vehicles, trailers, or boats.

C. Outdoor Storage in Equipment Rental Businesses. Storage areas shall be fully screened from view from adjacent properties by an approved treatment that may include building placement, walls, fencing, and landscaping. Such storage areas shall not be located in the front setback or buffer area.

D. Outdoor Storage in Industrial Districts. Outdoor storage in any industrial district shall be allowed. Outdoor storage shall be screened with a visual barrier approved by the Planning Commission that adequately conceals material from the view of residential areas or public rights-of-way. Outdoor storage shall be behind required front setbacks.

1. All outdoor storage facilities for manufacturing equipment, fuel, raw materials,

subassemblies, finished goods and defective or repairable goods shall be enclosed by an opaque fence or other appropriate treatment. Such fence or treatment shall be adequate to conceal such facilities from adjacent property. Acceptable barriers include opaque fencing, berming, or other landscape treatment. Chain link fencing with slats for screening is prohibited.

2. No highly flammable or explosive liquids, solids, or gases shall be stored in bulk

above ground. Tanks or drums or fuel directly connected with heating devices or appliances located on the same site as the tanks or drums of fuel are excluded from this provision as well as liquefied and gaseous noncombustible materials.

185 Queenstown Zoning Ordinance As Introduced 10.24.18

3. The Planning Commission may grant a waiver to screening requirements for outdoor

storage upon approval of a site plan. The exception shall be based on a visual analysis of the site and proposed development identification of unusual topographic or elevation conditions, strategic design treatment, and demonstration that the strict enforcement of screening is not practical. Views into the site will determine the amount and location of landscaping.

§ 86. Portable Storage Containers.

A. Residential Districts Portable storage containers in R-1, R-2 and TC districts are subject to the following regulations:

1. Containers may be temporarily placed for a period not exceeding an aggregate of

ninety (90) days (which may or may not be consecutive) within any period of twelve (12) consecutive months. At the sole discretion of the Planning Commission an additional maximum of ninety (90) days may be granted.

2. No more than one container may be located on any lot.

3. Containers may not exceed 16 feet in length, 8 feet in width, and 8.5 feet in

height.

4. Containers must be placed at least five (5) feet from all property lines.

5. Containers must be placed on an improved hard, dust-free surface, generally

asphalt, brick pavers, or concrete. Containers are prohibited within landscape areas, open spaces, stormwater basins, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

B. Nonresidential Zoning District Portable storage containers in the HC, RC, I and RPC district districts are subject to the following regulations:

1. Containers may be temporarily stored for a period not exceeding an aggregate of

ninety (90) days (which may or may not be consecutive) within any period of 12 consecutive months. At the sole discretion of the Planning Commission an additional maximum of 90 days may be granted.

2. No more than 3 containers may be located on any lot.

186 Queenstown Zoning Ordinance As Introduced 10.24.18

3. Containers may not exceed 20 feet in length, 8 feet in width, and 8.5 feet in

height.

4. Containers must comply with all setback requirements that apply to principal

buildings and be separated by at least ten (10) feet from principal buildings.

5. Containers may not be placed or located on a required parking space, circulation

aisle/lane, or fire access lane.

6. Vertical stacking of containers and stacking of any other materials or merchandise

on top of any portable storage container is prohibited. No running gear or transport trailer may be left underneath any portable storage container.

7. Containers must be placed on an improved hard, dust-free surface, generally

asphalt, brick pavers, or concrete. Containers are prohibited within landscape areas, open spaces, stormwater basins, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and development.

§ 87. Medical Cannabis Production and Processing.

Licensed medical cannabis production and processing facilities may be permitted as a special exception by the Board of Appeals in the I Industrial District provided:

A. The facility is licensed by the State of Maryland.

B. Any inside lights are not visible outside a building and outdoor grow lights not used, 7 p.m.-7 a.m.; other exterior fixtures designed to direct light downward and so it does not spill onto adjacent lots.

C. HVAC equipment and generators may not produce noise exceeding 50 dB(A) at lot line.

D. Odor detectable off-site is controlled including use of an activated charcoal filtration system, negative air pressure maintained inside the building. Filtration systems shall be designed and stamped by a licensed mechanical engineer.

E. Security cameras may only be directed to subject property and public rights-of-way, except as required otherwise by the State.

§ 88. Communications Facilities, Small Cell Facilities, and Wireless Support Structures.

A. Definitions. For the purposes of this Section, the following definitions shall apply:

187 Queenstown Zoning Ordinance As Introduced 10.24.18 ABANDONED – Any facilities or structures (including by way of example but not limited to poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that are unused or in a non-functioning condition for a period of one hundred eighty (180) days without the Operator otherwise notifying the Town and receiving the Town’s approval.

ANTENNA – Communications equipment that transmits or receives radio frequency signals in the provision of wireless service.

APPLICANT – Any Person applying for a permit under this Chapter including the applicant’s officials, employees, agents, and contractors.

COLLOCATION OR COLLOCATE –To install, mount, maintain, modify, operate, or replace wireless facilities on a Wireless Support Structure.

DECORATIVE POLE – A pole, arch, or structure other than a street light pole placed in the right of way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following (a) electric lighting; (b) specially designed informational or directional signage; (c) temporary holiday or special event attachments.

OPERATOR – A wireless service provider, cable operator, or a video service provider that operates a Small Cell Facility and provides wireless service. Operator includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the “Telecommunications Act of 1996,” 110 Stat. 59, 47 U.S.C. 153(2), and services that are fixed in nature or use unlicensed spectrum.

PERMIT – The non-exclusive grant of authority issued by the Town of Queenstown to place facilities or utilities in public roads, public right of way or utility easements in accordance with these the Code of the Town of Queenstown and corresponding regulations and standards.

PERMITTEE – The owner and/or Operator issued a permit to work in or install facilities, equipment or structures in the road, right of way or utility easement under this chapter and the person that owns facilities, equipment or structures permitted to be installed under this chapter, including the permittee’s officials, employees, agents, and contractors.

RIGHT OF WAY – The surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which is owned or controlled by the Town.

188 Queenstown Zoning Ordinance As Introduced 10.24.18 SMALL CELL FACILITY – A facility designed to provide wireless voice, data and/or image transmission in concentrated areas that meets both of the following qualifications:

1. Each antenna or node could fit within an enclosure of no more than three (3)

cubic feet in volume; and

2. All other wireless equipment associated with the facility is cumulatively no more

than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services and

3. Other similar facilities, systems or devices designed to facilitate a mobile wireless

network within a localized area and to be attached to a support structure within sidewalks or public ways or on private property.

TOWN – The Town of Queenstown.

UTILITY POLE – A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and Decorative poles.

WIRELESS SUPPORT STRUCTURE – A pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting Small Cell Facilities.

B. Permits and Fees.

1. It shall be unlawful for any person to obstruct, grade, dig, excavate, erect,

collocate, remove, demolish, alter or construct within, over, or under any right of way without first obtaining a permit from the Town.

2. It shall be unlawful for any person to install, repair or maintain, within or under

any right of way, any privately-owned facility, structure, fixture, equipment, conduit, cable or pipe without first obtaining a permit from the Town.

3. Fees. The fees associated with the permit request shall be those fees as may be

adopted by resolution of the Town Commissioners as part of the Schedule of Fees. The permit fee shall be in addition to, and not in lieu of, any fee, rent, license or franchise fee required to occupy or place facilities on or attached to the Town property, facilities or right of way.

189 Queenstown Zoning Ordinance As Introduced 10.24.18

4. The applicant shall be responsible for any other fees incurred by the Town which

are necessary to review the application to ensure compliance with the terms of this ordinance, including any surveying, engineering, legal or professional fees necessary to process the permit.

5. Prior to the issuance of any permit, the Applicant shall execute a written

agreement which may be a franchise, right of way use agreement, or license agreement as required by the Town depending on the particular use being made.

All agreements shall include provisions for insurance and indemnification as is reasonably necessary to protect the interests of the Town.

6. General Submission Requirements. A permit shall not be issued pursuant to this

Section until the following criteria are satisfied as determined by the Commissioners:

a. The Applicant shall specify whether the application is subject to any Federal Communications Commission application requirements, and, if so identify whether it must be reviewed under regulations implementing § 6409(a) of the Middle-Class Tax Relief Act and Job Creation Act of 2012, § 332(c)(7) of the Telecommunications Act of 1996, or other applicable federal laws or regulations.

b. Where applicable, the Applicant shall submit a safety report demonstrating that the wireless support structure can safely accept installation of the additional small cells.

c. The Applicant shall provide proof that it is a licensed provider and will comply with all federal, state, and town laws and regulations, including those relative to wireless services.

d. The Applicant shall provide a location survey prepared by a licensed Maryland surveyor, identifying the precise location of the proposed small cell facility, all other structures located on the property, and the setbacks from the property lines.

e. The Applicant shall provide a legal description and survey of the right of way, and shall identify any document creating the right of way as well as identity of any fee-simple owner of the property.

f. A report from a qualified and licensed professional engineer that describes the design, including cross sections and elevations; documents the height above grade for the facility and potential mounting positions for collocated antenna (if any) and the minimum separation distances between antenna;

describes the location of the facility, including the number of additional 190 Queenstown Zoning Ordinance As Introduced 10.24.18 antenna that can be accommodated (if any); documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; includes architectural renderings of the facility illustrating what it

will look like at the proposed location and from various vantage points, as may be required by the Commissioners.

g. A master report plan of the applicant’s current proposed communication network including an illustrative wireless communications map detailing existing and proposed wireless coverage, antenna sites and collocation sites.

h. The application shall include the number of potential collocation sites on the proposed facility.

i. Where the Applicant is not the property owner, the Applicant shall provide written consent of the property owner, and any applicable leases, options, or prior agreements authorizing the construction or location of the facility.

j. The Applicant shall provide any other documentation, studies or information required by the Commissioners necessary to process the application.

k. Unless a greater setback is established herein, any small cell facility or wireless support structure shall be located in conformity with the applicable setback standards of the zone.

l. Time to respond to permit request:

i. The Town must process and respond to small wireless facility applications to collocate on an existing structure within sixty (60) days;

ii. The Town must process and respond to small wireless facility applications to collocate on a new structure within niney (90) days.

7. Required Application Materials. Unless otherwise required by state or federal

law, the Applicant shall submit the application to the Town with the applicable fees and all required materials and information in accordance with the requirements of this Article in order for the application to be considered complete.

C. General findings required for issuance of all permits pursuant to this Section. A permit shall not be issued pursuant to this Section until the following criteria are satisfied as determined by the Commissioners on the Commissioners’ reasonable 191 Queenstown Zoning Ordinance As Introduced 10.24.18 discretion and judgment:

1. The structure, facility or utility shall comply with all requirements set forth in this

Section.

2. A permit shall not be issued for a proposed installation when the location selected

in the application is in an area where there is an overconcentration of structures or facilities in, on or over the right of way.

3. The structure or facility shall not obstruct pedestrian or vehicular traffic flow or

sight lines, and not obstruct parking or the entering or exiting of persons from vehicles parked in the right of way.

4. The proposed installation shall comply with the Americans with Disabilities Act.

5. A proposed pole shall have a diameter and height not greater than the maximums

established by the Commissioners, but be tall enough to ensure that all attached equipment is at least fifteen (15) feet above ground, unless otherwise stated herein.

6. An antenna may be installed at least twenty (20) feet from the ground in any

residential zone or on an existing residential Wireless Support Structure on privately owned land.

7. An antenna may not be installed on or within sixty (6) feet of a single-family or

two-family dwelling unit and must not be installed on the façade of any residence.

8. A replacement pole shall be located within two (2) feet of the base of the

previously existing pole and at the same distance from the edge of the travel lane, unless the Commissioners, with assistance from the Town Engineer, determine that a different location is preferable to facilitate pedestrian use of the right of way, vehicle and pedestrian sight lines, or the Town’s use of the right of way.

9. An equipment cabinet shall comply with size limits and placement requirements

established by the Commissioners, including maximum volume limits for all equipment cabinets associated with a pole.

10. An antenna shall be the least visible antenna possible to accomplish the coverage

objectives.

11. Antennas, antenna mounts and cabinets shall be situated, screened, shrouded,

concealed or treated to minimize visual and acoustic impact (including having antennas flush mounted to the extent reasonably feasible), as determined by the 192 Queenstown Zoning Ordinance As Introduced 10.24.18 Commissioners. All antenna mounts shall be designed so as not to preclude future collocation by the same or other operators or carriers.

12. Antennas, antenna mounts, cabinets and poles shall have a color and finish to

minimize the visual impact to the neighborhood, taking into consideration historic area designation and color and design schemes for Town facilities, commercial districts, and other areas with aesthetic guidelines.

13. All equipment shall be designed to be resistant to unauthorized access, climbing,

vandalism, and other activities that result in hazardous situations, interception of communications, or attractive nuisances.

14. For all excavations, the Permittee shall, within the time specified in the permit or,

if no time is specified therein, within ten (10) days after completion of the work authorized by the permit, adequately refill with the same type of material as had been removed or with other materials approved by the Town Engineer, without disturbing or damaging existing Town infrastructure, and restore the surface of the place so excavated to as good condition as existed prior to excavation.

15. The applicant shall post any required bonds or other financial security to ensure

the completion, safety, workmanship and restoration of the work and/or work area so permitted.

16. The Commissioners may impose such conditions as are necessary to protect the

public health, safety and welfare.

17. All facilities shall be subject to relocation at the expense of the Permittee in the

event that the privately-owned facility is found to conflict with future public facilities or with access to repair, replace or maintain existing or future public facilities.

18. Prior to the issuance of a permit, the permittee shall execute a written agreement

which may be a franchise, right-of-way use agreement, or license agreement as required by the Town depending on the particular use being made. All agreements shall include provisions for insurance and indemnification as is reasonably necessary to protect the interests of the Town.

19. The Permittee shall obtain and maintain all required consents, licenses or

franchises from the Town with respect to the facilities that are the subject of the permit.

20. The application shall comply with all other applicable sections of this Section 88.

193 Queenstown Zoning Ordinance As Introduced 10.24.18

21. No signs are permitted in connection with any small cell facility.

22. No lights are permitted on any monopole or antenna required by the federal

communications commission, the federal aviation administration, or the Town.

23. Nothing in this Section precludes or limits the Town from applying its generally

applicable power to protect the health, safety, and welfare when granting a permit for activities within the public roads, public rights-of-way, and public utility easements.

D. Additional Provisions. All above ground facilities including communications facilities, support structures, small cell facilities, and wireless support structures shall meet the following requirements:

1. Comply with all provisions for a permit.

2. Communications facilities may only be installed on existing utility poles, and

only entities certified by the Maryland Public Service Commission pursuant to the Annotated Code of Maryland, Public Services and Utilities, Division I,

Title 7

or Title 8, as amended, may erect or contract to erect replacement poles in the right of way. To allow the installation of an additional or replacement pole, the Commissioners, with assistance from the Town Engineer, must find that:

a. Additional communications facilities are necessary in the location of the proposed pole to provide adequate telecommunications coverage;

and b. Existing poles do not have the capacity for the necessary communications facilities.

3. If proposed to be attached to a privately-owned utility pole, be authorized by

an executed attached agreement with the utility pole owner, setting forth the title, date and term of the agreement.

4. Be necessary in the location of the proposed facility to provide adequate

service or telecommunications coverage.

5. All up to but not more than two (2) antennas per pole;

6. Have no exterior wiring if the pole on which it is mounted can accommodate

internal wiring or, if necessary, have exterior wiring enclosed in a shielded conduit; and 194 Queenstown Zoning Ordinance As Introduced 10.24.18

7. Upon installation of the antenna, the radio frequency or electromagnetic

waves emissions for the antenna of, if applicable, the cumulative emissions from the new antenna and any collocated antennas, shall be tested for compliance with federal limits. If an antenna exceeds federal emission limits or causes the antennas collocated on a support structure to exceed federal emission limits, the newly installed antenna must be removed by the applicant within five (5) days at its own expense.

8. Facilities mounted on existing or new light poles, utility poles, and other poles

shall be considered “construction” of a “structure” for purposes of application of Section 88.H; and the mounting of facilities on surfaces, facades, or rooftops of existing “structures,” which for purposes of this Section shall include existing buildings, light poles, and other such locations as are deemed “structures” in the standard application of Section 88.H, shall be considered an “alteration” to such “structure.” Any new light pole erected for purposes of

mounting a facility shall be designed consistent with other existing light poles within the surrounding area; other types of new poles shall not be permitted to be installed for purposes of mounting a facility.

9. Facilities shall not interfere with public safety telecommunications. Any

application for building and/or use and occupancy permit for a facility shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems. Prior to the introduction of any new service, the owner/operator shall provide the Town at least 10 calendar days' written notice to the Town Office in advance of such service and allow the Town to

monitor interference levels during the testing process.

10. Use of backup power sources. The use of diesel generator or other backup

power sources shall be limited to actual power-outage events and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited.

11. In residential areas, no installation may be located within four hundred 400

feet radius of another installation including any such installation located private property, except in the case of a cluster installation that does not result in a substantial increase in size. In no case may more than three (3) antennas by clustered on a single pole in a residential area.

12. No more than one (1) building, pole or other Wireless Support Structure

containing a small cell facility or collocated facility is permitted on a lot or parcel of land, or for parcels larger than a half-acre, per half-acre of land. A special exception to permit the location of more than one building, pole or other structure containing small cell facilities on a lot or parcel or half-acre 195 Queenstown Zoning Ordinance As Introduced 10.24.18 may only be approved by the Board of Appeals if the applicant establishes

that existing small cell facilities serving the same service area have no additional capacity to include the applicant’s facility. Any such application must comply with all of the other standards and requirements for small cell facilities.

E. Application to Existing Franchise Agreements. This Chapter shall have no effect on any franchise agreement existing prior to the adoption of this Ordinance until: (a) the expiration of said franchise agreement; or (b) an amendment to an unexpired franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.

F. Pre-Application Conference. The Town requires pre-submittal conferences to meet with potential Applicants and discuss projects on a conceptual level. The conference is intended to identify the correct application type and content requirements for any given project, and also to create an informal forum in which Applicants and the Town can discuss any concerns that should be addressed as soon as possible to avoid any

unnecessary delays in the processing of an application and issuance of a permit. The requirement for a pre-submittal conference may be waived by the Commissioners based on necessity and prior experience with the Applicant.

G. Safety Requirements.

1. Prevention of failures and accidents. Any Person who places facilities or

utilities in the Right of Way shall at all times employ ordinary and reasonable care and install and maintain in use industry standard technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

2. Compliance with fire safety and FCC regulations. All facilities, wires,

cables, fixtures, and other equipment shall be installed and maintained in substantial compliance with the requirements of the National Electric Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property.

3. Changes in state or federal standards and regulations. If state or federal

standards and regulations are amended, the owners of the facilities or utilities governed by this chapter shall bring any facilities and/or utilities into compliance with the revised standards and regulations within six months of the effective date of the standards and regulations, unless a different compliance schedule is mandated by the regulating agency. Failure to bring the facilities or utilities into compliance with any revised standards and

regulations shall constitute grounds for removal at the owner's expense.

196 Queenstown Zoning Ordinance As Introduced 10.24.18

4. Indemnification. Any Operator who owns or operates facilities or utilities in

the public road, public right-of-way or public utility easement shall indemnify, protect, defend, and hold the Town and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal

or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the Operator who owns or operates facilities or utilities in the public road, public right-of-way or public utility easement, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, directors, or representatives while

installing, repairing, or maintaining facilities or utilities in the public road, public right-of-way or public utility easement.

5. Surety bond or equivalent financial tool for cost of removal. All owners must

procure and provide to the Town a bond, or must provide proof of an equivalent financial mechanism, to ensure compliance with all provisions of this Chapter in an amount as set by the Commissioners. The bond must be maintained for as long as the owner has facilities or utilities in the public road, public right-of-way or public utility easement. The bond or equivalent financial method must specifically cover the cost of removal of unused or

Abandoned facilities or utilities or damage to Town property caused by an Operator or its agent of each facility or utility in case the Town has to remove or pay for its removal. Two acceptable alternatives to a bond include a cash deposit and a letter of credit.

6. Generally Applicable Health and Safety Regulations. All facilities or utilities

in the public road, public right-of-way or public utility easement shall be designed, constructed, operated and maintained in compliance with all generally applicable federal, state, and local health and safety regulations, including without limitation all applicable regulations for human exposure to RF emissions & Engineering.

H. Liability and Signal Interference.

1. No Liability. The Town shall not be liable to the Operator by reason of

inconvenience, annoyance or injury to the facilities or utilities whether ground or pole-mounted equipment or activities conducted by the Operator therefrom, arising from the necessity of repairing any portion of the Right of Way, or from the making of any necessary alteration or 197 Queenstown Zoning Ordinance As Introduced 10.24.18 improvements, in or to, any portion of the Right of Way, or in, or to, the

Town’s fixtures, appurtenances or equipment.

2. Signal Interference Prohibited. In the event that an Operator’s facility or

utility interferes with the public safety radio system, or the Town or State of Maryland’s traffic signal system, then the Operator shall, at its cost, immediately cooperate with the Town to either rule out Operator as the interference source or eliminate the interference. Cooperation with the Town may include, but shall not be limited to, temporarily switching the transmission equipment on and off for testing.

I. Requirements for Removal, Replacement, Maintenance and Repair.

1. Replacement of Municipal-Owned Wireless Support Structure.

a. When necessary to accommodate a facility or utility, the Town may require, in response to an application, to Collocate a facility or utility on a Town-owned Wireless Support Structure, the replacement or modification of the Wireless Support Structure at the Operator’s cost if the Town determines that replacement or modification is necessary for compliance with construction and safety standards. Such

replacement or modification shall conform to these Design Manual. The Town may retain ownership of the replacement or modified Wireless Support Structure.

b. Accommodation of reservation of space for future public safety or transportation uses. If the Town has reserved space for future public safety or transportation uses on the Townowned Wireless Support Structure, the replacement or modification must accommodate the future use.

2. Removal or Relocation Required for Town Project.

a. Operator shall remove and relocate the permitted facility, utility and/or Wireless Support Structure at the Operator’s sole expense to accommodate construction of a public improvement project by the Town.

b. If Operator fails to remove or relocate the facility, utility, and/or Wireless Support Structure or portion thereof as requested by the Town within 120 days of the Town’s notice, then the Town shall be entitled to remove the facility, utility 198 Queenstown Zoning Ordinance As Introduced 10.24.18 and/or Wireless Support Structure, or portion thereof at Operator’s sole cost and expense, without further notice to

Operator.

c. Operator shall, within 30 days following issuance of invoice for the same, reimburse the Town for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the facility, utility and/or Wireless Support Structure, or portion thereof.

3. Removal Required by Town for Safety and Imminent Danger Reasons.

a. Operator shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable facility, utility and/or Wireless Support Structure within the time frame and in the manner required by the Town if the Town reasonably determines that the disconnection, removal, or relocation of any part of a facility, utility and/or Wireless Support Structure

(a) is necessary to protect the public health, safety, welfare, or

Town property, or (b) Operator fails to obtain all applicable licenses, permits, and certifications required by law for its facility, utility and/or Wireless Support Structure.

b. If the Town Engineer reasonably determines that there is imminent danger to the public, then the Town may immediately disconnect, remove, or relocate the applicable facility, utility and/or Wireless Support Structure at the Operator’s sole cost and expense.

4. Removal/Abandonment of Facilities.

a. Operator shall remove facilities, utilities and/or Wireless Support Structures when such facilities are Abandoned regardless of whether or not it receives notice from the Town.

Unless the Town sends notice that removal must be completed immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 60 days of the facility, utility and/or Wireless Support Structure being Abandoned, or within 60 days of receipt of written notice from the Town. When Operator abandons permanent structures in the Right of Way, the Operator shall notify the Town in writing of such abandonment and shall file

199 Queenstown Zoning Ordinance As Introduced 10.24.18 with the Town the location and description of each facility, utility and/or Wireless Support Structure Abandoned. Prior to removal, Operator must make application to the Town and receive approval for such removal. Operator must obtain a right of way work permit for the removal. The Town may require the Operator to complete additional remedial measures

necessary for public safety and the integrity of the public road, public right-of-way or public utility easement.

b. The Town may, at its option, allow a Wireless Support Structure to remain in the Right of Way and coordinate with the owner to transfer ownership of such Wireless Support Structure to the Town, instead of requiring the owner and/or Operator to remove such Wireless Support Structure.

c. Restoration. Operator shall repair any damage to the Right of Way, any facilities located within the Right of Way, and/or the property of any third party resulting from Operator’s removal or relocation activities (or any other of Operator’s activities hereunder) within ten (10) calendar days following the date of such removal or relocation, at Operator’s sole cost and expense. Restoration of the Right of Way and such

property must be to substantially the same condition as it was immediately before the date Operator was granted a permit for the applicable location, or did the work at such location (even if Operator did not first obtain a permit). This includes restoration or replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration and replacement shall be subject to the sole, reasonable approval of the Town.

J. Penalty

1. For failure to comply with any provision of this Chapter or the Design Manual,

the penalty shall be a municipal infraction punishable by fines as provided in

Section 1-8B

of the Town Code.

2. In addition to the municipal infraction provided in (a), the Town may also pursue

the remedies of revocation of the permit or specific performance of the violated provision.

3. The Commissioners may excuse violations of this Chapter for reasons of Force

Majeure.

200 Queenstown Zoning Ordinance As Introduced 10.24.18

4. For purposes of this section, "Force Majeure" means a strike, acts of God, acts of

public enemies, orders of any kind of a government of the United States of America or of the State of Maryland or any of their departments, agencies, or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the

Permittee, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes noncompliance with the provisions hereof.

§ 89. Development Standards in QRD Queenstown Resort District.

A. The Planning Commission shall approve setbacks, parcel size, signs, parking, and street standards for each development component. These standards shall be internally consistent and implement the district purpose.

B. Development projects shall conform to the Critical Area Overlay District standards and meet all Queenstown Subdivision Regulations' requirements as applicable.

C. Except for the development standards outlined in A, all other development aspects shall conform to the Queenstown Zoning Ordinance.

D. Residential developments shall comply with the standards for R-2 Residential Standards outlined in § 95, Table of Height, Area, and Bulk Requirements § 90. Nonresidential use standards in the CS Countryside District.

A. Maximum floor area: 10% of CS District area.

B. Maximum impervious surface: 30% of CS District area.

C. Minimum lot frontage: 35 feet.

D. Minimum setbacks:

1. Front: 35 feet.

2. U.S. Route 50, 50/301: 100 feet.

3. Arterial: 75 feet.

201 Queenstown Zoning Ordinance As Introduced 10.24.18

4. Side and rear: 10 feet.

E. Maximum building height

1. On-lot agriculture: over 45 feet require special exception approval.

2. Telecommunications facilities: 200 feet.

3. All others: 45 feet.

ARTICLE VIII. DENSITY DIMENSIONAL REGULATIONS

§ 91. Minimum Lot Size and Residential Density.

A. Subject to the exceptions listed below all lots shall have at least the amount of square footage indicated for the appropriate zoning district.

B. If the owner of a lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument under which such owner acquired title to such lot was of record prior to the application of any zoning regulations and restrictions to the premises, and if such lot does not conform to the requirements of such regulations and restrictions as to width of lots and lot area per family, the provisions of

such lot area and width regulations and restrictions shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot, provided that such improvements conform in all other respects to applicable zoning regulations and restrictions.

C. Except as provided B, every lot developed for residential purposes shall have the minimum number of square feet of land area per dwelling unit as required by the § 95.

D. In determining the number of dwelling units permitted on a tract of land, fractions shall be rounded to the nearest whole number.

§ 92. Minimum Lot Widths.

A. No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that:

1. Could be used for purposes that are permissible in that zoning district, and

2. Could satisfy any applicable setback requirements for that district.

202 Queenstown Zoning Ordinance As Introduced 10.24.18 B. § 95 indicates minimum lot widths and depths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection A.

C. No lot created after the effective date of this Chapter that is less than the recommended width shall be entitled to a variance from any building setback requirement.

§ 93. Building Setback Requirements.

A. Subject to other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot or property line than is authorized in the table set forth in this Section § 95.

1. If the lot or property line is not readily determinable (by reference to a recorded

map, set irons, or other means), the setback shall be measured from the boundary line of any adjacent right-of-way. If the boundary line of the right-of-way is not readily determinable the setback shall be measured from the centerline of the right-of-way and half the width of the right-of-way shall be added to the minimum setback requirement.

2. Whenever a lot abuts upon a public alley, the alley width may not be considered

as a portion of the required yard.

3. Where these regulations refer to side streets, the Zoning Administrator shall be

guided by the pattern of development in the vicinity of the lot in question in determining which of two (2) streets is the side street.

4. Every part of a required yard shall be open to the sky, except as authorized by this

Chapter and except ordinary projections of sills, belt courses, window airconditioning units, chimneys, cornices and ornamental features which may project to a distance not to exceed twenty-four (24) inches into a required yard.

§ 94. Height, Area and Bulk requirements.

A. Modification of height regulations.

1. Except within an area defined as an Airport Approach Zone by the Federal

Aviation Agency, the height limitations of this Zoning Chapter shall not apply to belfries, chimneys, church spires, conveyors, cooling towers, elevator bulkheads, fire towers, public monuments, commercial radio and television towers less than one hundred twenty-five (125) feet in height, silos, smokestacks, tanks, and water towers and standpipes. The Planning Commission may add to the list of structures

203 Queenstown Zoning Ordinance As Introduced 10.24.18 in this subsection for which height modifications are allowed after conferring with officials of the Queenstown Fire Department.

2. Except within an area defined as an Airport Approach Zone by the Federal

Aviation Agency, public, semipublic and public service buildings, hospitals, institutions and schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet when the required side and rear yards are each increased by at least one (1) foot for each one (1) foot of additional building height above the height regulations for the district in which the building

is located.

B. Lot area.

1. Requirements for lot area per family do not apply to dormitories, fraternities,

sororities and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.

2. Requirements for lot area per family do not apply to rental units in a hotel, motel,

motor lodge or tourist home or to rooms in rooming, boarding or lodging housing.

C. Front yards.

1. Where an official line has been established for the future widening or opening of a

street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

2. On through lots, the required front yard shall be provided on each street.

3. There shall be a front yard of at least fifteen (15) feet on the side street of a corner

lot in any district: provided, however, that the buildable width of a lot of record at the time of passage of this Zoning Chapter shall not be reduced to less than twenty-eight (28) feet.

4. Open, unenclosed porches, platforms or paved terraces not covered by a roof or

canopy and which do not extend above the level of the first floor of the building may extend or project into the required front or side yard not more than six (6) feet.

5. Where twenty-five percent (25%) or more of the street frontage or where twentyfive percent (25%) or more of the street frontage within four hundred (400) feet of

the property in question is improved with buildings that have a front yard (with a 204 Queenstown Zoning Ordinance As Introduced 10.24.18 variation of six (6) feet or less) that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established. Where forty percent (40%) or more of the street frontage is improved with buildings that have no front yard, no front yard shall be required for the

remainder of the street frontage.

6. The main entrance of each primary structure must face the street. In order to

preserve a unified streetscape the Planning Commission may establish a build-to line at the time of building application where the majority of existing structures on the block face are located at or near the minimum front setback line. Where established, the build-to line shall dictate the placement of a proposed building or structure from the street right-of-way line on which the building fronts. On a

corner lot, the build-to line applies to both sides of the lot which have street frontage. The building front shall be placed on the build-to line. Variations of up to two feet from the street right-of-way to the build-to line may be permitted to create variety in streetscape. Whenever a building does not front on a right-ofway, the build-to line shall be measured from the edge of the pavement of an

access way in front of or on the side of the building.

E. Side yards.

1. The minimum width of side yards for schools, libraries, churches, community

houses and other public and semipublic buildings in residential districts shall be twenty-five (25) feet, except where a side yard is adjacent to a business or industrial district, in which case the width of that yard shall be as required in § 95 for the district in which the building is located.

F. Corner visibility.

1. No sign, fence, wall, hedge, planting, or other obstruction to vision extending to a

height in excess of three (3) feet above the established street grade shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points twenty (20) feet distant from the intersection of the street lines.

G. Accessory buildings and structures.

1. Accessory buildings which are not a part of the main building, although they may

be connected by an open breezeway, may be constructed in a rear yard, provided that such accessory building does not occupy more than forty percent (40%) of the area of the required rear yard, and provided that it is not located closer than five (5) feet to the rear lot line nor closer than three (3) feet to a side lot line.

205 Queenstown Zoning Ordinance As Introduced 10.24.18

2. The height of accessory structures shall not exceed the height of the principal

structure located on the lot or parcel.

H. Permitted Extensions into Minimum Required Yards.

Every part of a required yard shall be open to the sky, except the features set forth in the following paragraphs may extend into minimum required yards as specified.

1. The following shall apply to any structure:

a. Cornices, canopies, awnings, eaves or other such similar features, all of which are at least ten (10) feet above finished ground level, may extend three (3) feet into any minimum required yard but not closer than five

(5) feet to any lot line.

b. Sills, leaders, belt courses, chimneys and other similar ornamental features may extend twelve (12) inches into any minimum required yard.

c. Open fire balconies, fire escapes, fire towers, uncovered stairs and stoops, air conditioners and heat pumps, none of which are more than ten

(10) feet in width, may extend five (5) feet into any minimum required

yard, but not closer than five (5) feet to any lot line.

d. Bay windows and chimneys, none of which are more than ten (10) feet in width, may extend three (3) feet into any minimum required yard, but not closer than five (5) feet to any lot line.

e. Window air-conditioning units may project to a distance not to exceed twenty-four (24) inches into a required yard.

f. Carports may extend five (5) feet into any minimum required side yard, but not closer than five (5) feet to any side lot line.

g. An accessibility improvement may extend into any minimum required yard.

2. The following shall apply to any deck attached to a single family detached

dwelling:

a. Any open deck with no part of its floor higher than four (4) feet above finished ground level may extend into minimum required yards as follows:

206 Queenstown Zoning Ordinance As Introduced 10.24.18

(1) Front yard: 6 feet, but not closer than 8 feet to the required front lot

line in the TC district, not closer than 20 feet to the required front lot line in the R-1 district, not closer than 12 feet to the required front lot line in the R-2 district and not closer than 5 feet to any required side lot line in all districts.

(2) Side yard: 5 feet, but not closer than 5 feet to any side lot line

(3) Rear yard: 20 feet, but not closer than 5 feet to any side or rear lot

line b. Any open deck with any part of its floor higher than four (4) feet above finished ground level may extend into minimum required yards as follows:

(1) Front yard: No extension

(2) Side yard: No extension

(3) Rear yard: 12 feet, but not closer than 5 feet to any rear lot line and

not closer than a distance equal to the minimum required side yard to the side lot line c. Any roofed deck with no part of its floor higher than four (4) feet above finished ground level may extend into minimum required yards as follows:

(1) Front yard: No extension

(2) Side yard: No extension

(3) Rear yard: 12 feet, but not closer than 5 feet to any rear lot line and

not closer than a distance equal to the minimum required side yard to the side lot line

3. The following shall apply to any deck attached to a single family attached

dwelling:

a. Any open deck with no part of its floor higher than three (3) feet above finished ground level may extend into minimum required yards as follows:

(1) Front yard: No extension

207 Queenstown Zoning Ordinance As Introduced 10.24.18

(2) Side yard: 5 feet, but not closer than 5 feet to any side lot line

(3) Rear yard: 12 feet, but not closer than 5 feet to the rear lot

line.

b. Any open deck with any part of its floor higher than three (3) feet above finished ground level may extend into minimum required yards as follows:

(1) Front yard: No extension

(2) Side yard: No extension

(3) Rear yard: 12 feet, but not closer than 5 feet to the rear lot

line.

c. Any roofed deck with no part of its floor higher than three (3) feet above finished ground level may extend into minimum required yards as follows:

(1) Front yard: No extension

(2) Side yard: No extension

(3) Rear yard: 12 feet, but not closer than 5 feet to the rear lot line, and

on lots with a minimum required side yard, not closer to that side lot line than a distance equal to such minimum required yard.

4. The following shall apply to any deck attached to a multiple family dwelling,

commercial, industrial or institutional structure:

a. Any open or roofed deck, not more than ten (10) feet in width and with no part of its floor higher than three (3) feet above finished ground level, may extend six (6) feet into any minimum required yard.

b. Any open or roofed deck, not more than ten (10) feet in width with any part of its floor higher than three (3) feet above finished ground level, may extend three (3) feet into any minimum required yard.

I. Fences and walls.

1. Definitions. For purposes of the subsection, the following terms shall have the

indicated meaning:

208 Queenstown Zoning Ordinance As Introduced 10.24.18 a. Height of fence – Distance as measured from ground level at the fence base to the uppermost part of the fence (see Illustration 01).

b. Fence — Any structure, regardless of composition, except a living fence, erected or maintained to enclose a piece of land or divide a piece of land into distinct portions and prohibit intrusions from outside.

c. Ornamental fence - A fence at least thirty-six (36) inches and no more than seventy-two (72) inches high and uniformly less than fifty percent (50%) solid designed in such a manner, and of such material, that the primary purpose is to decorate or enhance the appearance of the front or side yard setback in a residential area.

d. Privacy fence (also Screening fence) –- A fence at least thirty-six (36) inches and no more than seventy-two (72) inches high designed and intended to block or filter the view of motorists and pedestrians into the interior of a lot to the extent that the activities conducted on the lot are indiscernible.

e. Security Fence – Fence not exceeding a height of seventy-two (72) inches intended to restrict access to a property and/or control access.

f. Wall - A freestanding, solid upright structure intended to enclose, divide, delineate, screen, retain water or earth, or protect an area.

2. Permit required.

a. No new fence or wall shall be erected, placed, or maintained, and no existing fence or wall shall be altered or replaced until a permit is obtained from the Town.

b. At a minimum, the permit application shall be accompanied by a scaled drawing showing the proposed location and dimensions of the fence or wall on the subject lot and its relationship to the property lines, public rights-of-way, easements, utilities, existing structures, existing trees, and steep topography. The permit application shall also include construction drawings, pictures, or diagrams to illustrate the overall design and

materials for the proposed fence or wall.

c. A permit may not be required if the fence is included in an approved site plan.

3. Where permitted.

209 Queenstown Zoning Ordinance As Introduced 10.24.18 a. An ornamental and privacy fence may be permitted in the R-1, R-2, TC, CS, and QRD districts.

b. A privacy fence may be permitted in the R-1, R-2, TC, QRD, CS, QRD, HC, and RC districts.

c. A security fence may be permitted in the HC, RC, and I districts.

3. Standards.

a. No fence shall be located more than three (3) feet from any lot line, unless otherwise permitted by this Ordinance.

b. Fences may extend from the rear yard to the corners of the front plane of the principal structure. However, fences may not extend across the front of the principal structure (see Illustration 02).

c. For regulating fences on a through or double frontage lot and corner lots, the front yard/setback and house frontage are defined by the principal structures' predominant front orientation.

(1) On through lots, an ornamental fence or privacy fence may enclose

the secondary front yard. If the ornamental or privacy fence is over thirty-six (36) inches high, it shall be set back a minimum of ten

(10) feet from the front property line (see illustration 03).

(2) On corner lots, an ornamental fence or a privacy fence may enclose

the secondary front yard. If the ornamental or privacy fence is over thirty-six (36) inches high, the fence shall be set back a minimum of five (5) feet from the front property line (see illustration 04).

d. Except for ornamental fences, the maximum fence height shall be seventytwo (72) inches. The Planning Commission may permit an increased security fence height in the HC, RC, and I districts when the applicant can demonstrate, at the discretion of the Planning Commission, a need.

However, no security fence shall exceed ninety-six (96) inches.

e. All fences shall be supported from their structural frame system of posts and rails and not attached, connected, secured, or supported by other fencing, trees, etc., in the area. Fences shall be installed in a professional manner and be plumb, straight, and true, and stepped or tapered or cut to follow the contour of the land.

210 Queenstown Zoning Ordinance As Introduced 10.24.18 f. The finished side of the fence shall face out towards adjacent residential lots and public Rights-of-Ways.

5. Approved fence material

a. Ornamental fence materials

(1) Wood picket or composite material indistinguishable from wood.

(2) PVC provided it is a wood "look-a-like," i.e., like wood in

appearance.

(3) The Planning Commission may approve ornamental fences of

wrought and cast iron with ornamental posts or alternative materials that mimic wrought or cast-iron fencing on a case-bycase basis if found to be consistent with historical precedent in the region b. Privacy fence materials

(1) Wood or composite material indistinguishable from wood.

(2) PVC provided it is a wood "look-a-like," i.e., like wood in

appearance.

c. Security fence material

(1) Wood or composite material indistinguishable from wood.

(2) PVC provided it is a wood "look-a-like," i.e., like wood in

appearance.

(3) Chain link.

6. Prohibited fence materials

a. Any fence that may cause a nuisance, a fire hazard or a dangerous condition, or obstruction affecting public safety is prohibited.

b. The following fences and fencing materials are expressly prohibited:

(1) Barbed wire.

(2) Canvas fences.

211 Queenstown Zoning Ordinance As Introduced 10.24.18

(3) Cloth fences.

(4) Electrically charged fences.

(5) Poultry or similar fences.

(6) Turkey or similar wire

.

(7) Temporary fences such as snow fences. Temporary wire fences

may enclose gardens or planting areas if the fence is located in a rear or side yard and within the accessory structure setback.

(8) Expandable fences and collapsible fences, except during the

construction of a building.

(9) Razor wire.

(10) Any fences with spikes, broken glass, or other sharp points.

(11) slats (i.e., vinyl, aluminum, etc.) inserted into chain link or cyclone

fences.

7. Walls

a. Walls for ornamental, privacy or security purposes are not permitted.

b. The Planning Commission may permit a wall certified by an engineer and used for the express purpose of retaining water or earth.

8. Nonconforming fences

a. Any fence constructed before the adoption of this subsection may remain provided it is maintained.

b. Any nonconforming fence that is destroyed or damaged by fire or other calamity may be reconstructed.

c. Maintenance of repair, including structural repairs, may be made to any nonconforming fence or portions thereof if the repairs do not result in a different nonconformity.

9. Maintenance.

212 Queenstown Zoning Ordinance As Introduced 10.24.18 a. Fences and walls shall be maintained per the Town's property maintenance code.

b. All fences shall be maintained in good, safe, and stable condition. Rotten, broken, or missing components shall be replaced or repaired immediately.

c. Fences shall be made from natural water-resistant material or be pressure treated, stained, painted, or vinyl coated and kept in good aesthetic condition.

10. Restrictions.

a. No new fence shall be erected, placed, or maintained, and no existing fence shall be altered or replaced to encroach upon a public right-of-way or easement area.

b. The area three (3) feet in radius around fire hydrants, fire hose connections, and utility boxes shall be kept free of any fences that could impede the use of the hydrant, hose connection, or utility box.

c. Fences shall be installed not to disturb or damage existing trees equal to or greater than five (5) inches diameter at breast height unless otherwise approved by the Town.

d. Fences shall not alter or impede the natural flow of stormwater nor divert the water onto the property of others.

e. Fences and walls shall be assembled following the manufacturer's requirements and constructed of approved materials customarily used for fences and manufactured for fence construction.

213 Queenstown Zoning Ordinance As Introduced 10.24.18 Illustration 01 214 Queenstown Zoning Ordinance As Introduced 10.24.18 Illustration 02 215 Queenstown Zoning Ordinance As Introduced 10.24.18 Illustration 03 216 Queenstown Zoning Ordinance As Introduced 10.24.18 Illustration 04 217 Queenstown Zoning Ordinance As Introduced 10.24.18 § 95. Table of Height, Area and Bulk Requirements.

218 Queenstown Zoning Ordinance As Introduced 10.24.18 § 95. Table of Height, Area and Bulk Requirements.

Lot Side Rear Gross Lot Lot Width Front- Front Yard Yard Maximum Height Density Area at Building age Yard Width Depth ZONING Max. Mini- Line Min Depth Min Min Principal Accessory Playground DISTRICT (Dus/Ac) mum Min (ft.) (ft.) Min (ft.) (ft.) (ft.) Structure Structure Equipment

R-1

Residential -Singlefamily detached 3.5 11,500 60 NA 30 10 30 35 26 15

R-2

Residential

- Singlefamily

detached 6 8,000 60 20 15 10 30 35 26 15

- Singlefamily

semidetached 6 4,000 30 25 15 10 30 35 26 15

- Singlefamily

attached 6 2,400 15 15 15 10 30 35 26 15

- Apartment 6 100 60 30 20/30 30 35 16 15

TC Town Center § 80.

- Singlefamily 6 NA 40 NA 10 7.5 30 35 16 15

219 Queenstown Zoning Ordinance As Introduced 10.24.18 § 95. Table of Height, Area and Bulk Requirements.

ZONING Gross Lot Lot Width Lot Front Side Rear DISTRICT Density Area at Building Front- Yard Yard Yard Maximum Height detached Max. Mini- Line age Depth Width Depth (Dus/Ac) mum Min (ft.) Min Min (ft.) Min Min

- Singlefamily (ft.) (ft.) (ft.)

semidetached 6 NA 40 NA 10 7.5 30 35 16 15

- Singlefamily 10

attached 6 NA 40 NA 7.5 30 35 16 15

- Apartment 6 NA 100 NA 10 7.5 30 35 16 15

- Commercia NA l NA 35 NA 10 7.5 30 35 16 15

HC

Highway

NA NA

Commercia l NA 100 40 10/50 10 35 16 NA

RC

Regional Commercia l §78. NA NA 200 NA 30/25 30/25 45 NA NA I Industrial

§ 79. NA NA 100 NA 40 10 30 45 45 NA

CS

Countrysid e

- Singlefamily 0.05 20,000 100 NA 35* 10* 30* 35 16

220 Queenstown Zoning Ordinance As Introduced 10.24.18 § 95. Table of Height, Area and Bulk Requirements.

ZONING Gross Lot Lot Width Lot Front Side Rear DISTRICT Density Area at Building Front- Yard Yard Yard Maximum Height detached Max. Mini- Line age Depth Width Depth (Dus/Ac) mum Min (ft.) Min Min (ft.) Min Min *Setback from U.S Route 50, 50/301, 100 feet (ft.) (ft.) (ft.) 221 Queenstown Zoning Ordinance As Introduced 10.24.18

ARTICLE IX. LANDSCAPING AND ENVIRONMENTAL STANDARDS

Part I. Landscape Standards

§ 96. Required Trees Along Dedicated Streets.

Along both sides of all newly created streets that are constructed in accordance with Queenstown’s street standards, the developer shall at a minimum either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the centerline of the street, there is for every fifty (50) feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches

in diameter.

§ 97. Retention and Protection of Large Trees.

A. Every development shall retain all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.

B. No excavation or other subsurface disturbance may be undertaken within the drip line of any tree 18 inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within 12½ feet (measured from the center of the trunk) of any tree 18 inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection,

a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

C. The retention or protection of trees 18 inches in diameter or more as provided in Subsection A and B unreasonably burdens a developer if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.

D. If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsections A or B, and, as a result, the parking requirements set forth in § 117 cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of Subsections A and B, up to a maximum of 15 percent of the required spaces.

222 Queenstown Zoning Ordinance Introduced 10.24.18 § 98. Plan Requirements for Landscaping and Screening.

A. Applicability. A master landscaping plan or screening plan meeting the standards of this part is required for any development, except applications involving a detached single family dwelling unit requiring only a zoning certificate and building permit.

B. A master landscape or screening plan shall consist of one (1) or more sheets drawn to scale or combined with a site plan and shall include the following information:

1. The location and footprint of all proposed buildings, structures, and facilities on

the site and proposed landscaping areas.

2. The approximate location of rivers or stream branches or natural, intermittent

streams or drainage channels, ponds, wooded areas, or other special natural features on the development site as well as any required buffers.

3. A tabular summary of type of species, height, diameter, and quantity of shrubbery

and trees, including street trees, to be planted within landscaped or screening areas.

4. The height, length, type and location of fencing and related planting areas to be

used for screening purposes.

5. Location of underground and overhead utilities.

6. The continuity of proposed open space with contiguous and other nearby open

spaces, existing or proposed.

C. The plan shall show landscaping proposals for the following areas or facilities where applicable to the type of development proposed.

1. Street trees

2. Bufferyard plantings

3. Foundation plantings

4. Screening for dumpster or other solid waste collection areas

5. Stormwater management retention or detention areas landscaping

223 Queenstown Zoning Ordinance Introduced 10.24.18

6. Above ground utility box screening

7. Parking lot plantings/screening

8. Perimeter plantings

9. Recreation facilities landscaping

10. Loading and unloading space screening

D. The plan shall be consistent with the specific requirements of a site plan or comprehensive development plan or the specific requirements for the type of development proposed.

Part II.

Landscaping of Parking Facilities § 99. Intent.

It is intended that the application of the landscape standards set forth below will reduce the visual and environmental impacts of large expanses of parking areas. Breaking up of paved parking areas with plantings will provide improved aesthetics and micro-climatic benefits by reducing heat and glare.

§ 100. Sites Affected.

A. New sites. No new parking areas shall hereafter be constructed or used unless landscaping is provided as required by the provision of this Article.

B. Existing sites. No parking areas shall be expanded, moved, or removed and/or reconstructed unless the minimum landscaping required by the provision of this Article is provided for the property to the extent of its alteration or expansion, but not for the entire property.

C. Change of use. No use shall be changed to another use for which the Zoning Chapter requires additional parking over and above that required for the previous use, unless perimeter landscaping as required by this Article is provided for such additional parking.

The provisions of this section shall be effective regardless of whether or not new construction is necessary to meet the parking requirements for the new uses. Where new construction will not be necessary to meet the parking requirements, such additional 224 Queenstown Zoning Ordinance Introduced 10.24.18 required parking shall be deemed to be on the perimeter for as much as possible of the existing parking area. Where the previous use had no required parking, perimeter

landscaping shall be provided for the entire parking area serving the new use. Interior landscaping shall not be required where only the use of the property is changed and no new construction or reconstruction is proposed.

D. Change of zone. No use of an existing building, structure, or vehicular use area shall be commenced subsequent to a change in zoning unless perimeter landscaping as required herein has been provided.

E. Consistent with the intent of this Part, the Planning Commission may modify or waive the requirements of §§ 101 and 102 for projects located in the TC Town Center District and for proposed infill and redevelopment projects located in the CR Community Revitalization District.

§ 101. Perimeter Landscaping.

A. A planting strip shall be provided at least eight (8) feet wide adjacent to the back of any sidewalks or ten (10) foot wide adjacent to the property line where no sidewalk exists.

Where the parking lot does not abut a property line or sidewalk, a ten (10) foot planting area shall be provided.

B. Except where otherwise specifically required by the Zoning Chapter, a minimum ten (10) foot wide screening area shall be provided along all abutting property lines of a residential district.

C. The following requirements shall apply to the design and construction of all parking lots for fifteen (15) vehicles or more:

1. Perimeter Landscaping. A minimum eight (8) foot wide landscaped area shall be

provided adjacent to all driveways leading to the lot and around the outer edges of all parking lots.

2. Screening Areas. A minimum ten (10) foot wide screening area shall be provided

abutting all residential districts except where a greater distance is required by the provisions of the zoning district in which the parking lot is located.

D. Each landscape area adjacent to a street right-of-way shall contain a minimum of one tree per 40 feet of landscape area parallel to the right-of-way. In addition, a vegetative screen, landscaped berm, fence, wall, or other methods to reduce the visual impact of the parking 225 Queenstown Zoning Ordinance Introduced 10.24.18 area shall be provided. The vegetative screen shall have an average continuous height of

three (3) feet.

F. Grass or ground cover shall be planted on all portions of the landscape area not occupied by other landscape material.

G. Special notes on existing natural vegetation:

1. In all cases where significant natural vegetation exists, as determined by the

Planning Commission, there shall be limits of clearing/grading areas established to protect and preserve these natural areas. These natural areas will not be disturbed by the installation of any structures, utilities, storm and sanitary sewers, water lines, sediment and erosion control traps, stormwater management systems, signage. Existing landscape material which is proposed to be used to fulfill

landscape requirements shall be shown in the required plan.

2. In the case where buffers are created by the application of these standards, no

structures, utilities, storm and sanitary sewers, water lines, sediment and erosion control traps, stormwater management systems, and signage shall be permitted.

3. Where pedestrian and bike paths are proposed in the landscape area, such paths

shall be meandering in order to preserve the existing trees.

H. Trees required as a part of the parking lot street right-of-way landscaping may be placed on the right-of-way adjoining such parking area when approved by the Planning Commission. Such trees shall be in addition to any street trees required by the subdivision regulations.

I. Landscaping in Easements. The required landscape area for parking areas may be combined with a utility or other easement only if all landscape requirements can be met.

Otherwise, the landscape area shall be in addition to, and separate from, any easement.

J. In any parking lot perimeter landscaping area all trees shall be set back at least 4 feet from the edge of paving where vehicles overhang.

§ 102. Interior Landscaping for Parking Lots.

A. For any parking lot containing more than 6,000 square feet of area or 15 or more spaces, interior landscaping shall be provided in addition to required perimeter landscaping.

226 Queenstown Zoning Ordinance Introduced 10.24.18 Interior landscaping shall be contained in peninsulas or islands. An interior parking lot landscape island or peninsula is defined as a landscaped area containing a minimum area of 153 square feet having a minimum width of 8.5 feet and a minimum length of 18 feet.

There shall be a minimum of 4 feet to all trees from the edge of paving where vehicles overhang. The minimum landscape area permitted shall be 10 percent of the parking area.

Each island or peninsula shall be enclosed by appropriate curbing or a similar device at least 6 inches wide and 6 inches in height above the paving surface. The Planning Commission may modify these dimensional requirements for the installation of low impact storm water management features. For purposes of Subsection D below and subject to the limits established in E below, up to 4 islands can be combined.

B. Where a parking area is altered or expanded to increase the size to 6,000 or more square feet of area or fifteen (15) or more vehicular parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.

C. Landscape area. For each 100 square feet, or fraction thereof, of parking lot, 5 square feet of landscaped area shall be provided. The interior landscaping requirement shall be computed on the basis of the "net parking facility." For the purposes of this Section, "net parking facility" shall include parking stalls, access drives, aisles, walkways, dead spaces, and required separations from structures, but shall not include required street setbacks or

access driveways or walkways within such setbacks.

D. Landscape islands or peninsulas - number required:

1. For less than 100 spaces one island or peninsula is required for every 7 parking

spaces.

2. For 100 spaces or more, one island or peninsula is required for every 10 spaces.

3. Each 10 parking spaces shall require an interior planting island.

4. All interior parking aisles shall end in a landscape island.

E. Maximum contiguous areas for interior parking lot landscaping. In order to encourage the required landscape areas to be properly dispersed, no required landscape area shall be larger than the following:

1. 350 square feet in parking areas under 30,000 square feet.

227 Queenstown Zoning Ordinance Introduced 10.24.18

2. 1,500 square feet in parking areas over 30,000 square feet.

F. Landscape areas larger than the above are permitted as long as the additional area is in excess of the required minimum, except that landscape areas larger than the maximum permitted may be allowed as required landscaping areas in those cases where significant natural vegetation exists.

G. Minimum plant materials. A minimum of one tree for each 250 square feet or fraction thereof of required landscape or for each 5 spaces of required parking or for each 161 square feet of island or peninsula, whichever is greater, shall be required. The remaining area of the required landscaped area shall be landscaped with shrubs or ground cover not to exceed 2 feet in height, or grass.

H. Landscaping for service structures. All service structures shall be fully screened, except when located more than 35 feet above the established grade, and shall not be visible from a public way to the maximum extent possible, as determined by the Planning Commission. Service structures in an industrial zone shall be fully screened when located within 100 feet of any zone other than industrial. For the purposes of this article, service

structures shall include propane tanks, dumpsters, air conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a site.

1. Location of screening. A continuous planting, hedge, fence, wall, or earth mound

shall enclose any service structure or loading zone on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure. Whenever a service structure is located next to a building wall, perimeter landscaping material, or vehicular use area landscaping material, such walls or screening material may fulfill the screening

requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping.

No interior landscaping shall be required within an area screened for service structures.

2. Protection of screening material. Whenever screening material is placed around

any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a fixed barrier to contain the placement of the 228 Queenstown Zoning Ordinance Introduced 10.24.18 container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when

the container is moved or emptied. The minimum front opening of the screening material shall be 12 feet to allow service vehicles access to the container.

I. Interior landscaping for parking areas shall be installed and continuously maintained by the owner.

J. Plan submission and approval. Whenever any property is affected by these parking area landscape requirements, the property owner or developer shall prepare a landscape plan for approval according to the requirements contained in this Zoning Chapter.

K. Unnecessary paving or irregular paving plans are strongly discouraged and, if incorporated in a site plan, shall be subject to approval by the Town.

L. Alternative parking area landscaping design may be considered by the Planning Commission in cases where unique topography and site constraints dictate such alternative. The innovative use of planting design and materials is encouraged and will be evaluated on the intent demonstrated to fulfill the stated objectives of this Zoning Chapter.

M. Landscape material type and quality shall be as follows:

1. Parking lots and areas that are required to be paved must be shaded by deciduous

trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least 12 inches in diameter.

2. Each tree of the type described in Subsection 1 above shall be presumed to shade

a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area will be shaded.

3. Parking areas shall be laid out and detailed to prevent vehicles from striking trees.

Vehicles will be presumed to have a body overhang of three feet, six inches.

229 Queenstown Zoning Ordinance Introduced 10.24.18

Part III. Bufferyards

§ 103. Purpose.

A. One of zoning's most important functions is the division of land uses into districts which have similar character and contain compatible uses. All uses permitted in any district have generally similar nuisance characteristics. Bufferyards will operate to minimize the negative impact of any future use on neighboring properties.

B. The bufferyard is a combination of setback and a visual buffer or barrier and is a yard or area together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this Chapter are specified and are designed to ameliorate nuisances between adjacent zoning districts to ensure a desired character along public streets and roads. The planting units required of

bufferyards have been calculated to ensure that they do, in fact, function as "buffers." C. Bufferyards shall be required to separate different zoning districts from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. Mature woodlands are

considered the best buffers and shall be used whenever possible.

D. Consistent with the intent this Part, the Planning Commission may modify or waive Bufferyard requirements for projects located in the TC Town Center District and for proposed infill and redevelopment projects located in the CR Community Revitalization District.

§ 104. Location of Bufferyards.

Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way. Bufferyards shall not be located within a yard required in a single family attached (townhouse) development or planned unit development.

§ 105. Determination of Required Bufferyard.

To determine the type of bufferyard required on a parcel or between two parcels or between a parcel and a street, the following procedure shall be used:

A. Identify whether any portion or property line of the site constitutes a zoning district 230 Queenstown Zoning Ordinance Introduced 10.24.18 boundary. If it does, determine the zoning on both sides of the property.

B. Determine whether the land on the adjoining property is vacant or developed or whether a plat of the subdivision has been approved.

C. Classify any street adjacent to the proposed use as a local, collector, or arterial street.

D. Determine if the proposed development is a use which has bufferyards required to separate that use from certain uses. Then determine the bufferyard required between such uses by referring to the Tables of Required Bufferyards.

E. Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to the Tables of Required Bufferyards.

§ 106. Responsibility for Bufferyards.

A. When a proposed use adjoins a vacant parcel for which a bufferyard is required by the presence of a zoning boundary, that use shall, at the time of development, provide onehalf of the buffer which is required by the Tables of Required Bufferyards.

B. The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total bufferyard required between those 2 uses. If the adjoining use had developed without a bufferyard, the second use will be responsible for installing the total bufferyard.

C. Existing plant material and/or land located on the preexisting (first developed) land use which meets the requirements of this Chapter may be counted as contributing to the total bufferyard required between it and the second (adjacent) land use to develop.

Tables of Required Bufferyards (See Examples in Appendix B)

REQUIRED BUFFERYARDS BETWEEN ADJACENT ZONING

DISTRICTS

ZONE R-1 R-2 TC HC RC I

E

R-1 -- -- -- C D

E

R-2 -- -- -- C D

231 Queenstown Zoning Ordinance Introduced 10.24.18

REQUIRED BUFFERYARDS BETWEEN ADJACENT ZONING

DISTRICTS

ZONE R-1 R-2 TC HC RC I

E

TC A A- -- C D

D

HC C C C -- --

--

RC E E E E E

--

I E E E D D

REQUIRED STREET FUNCTIONAL CLASSIFICATION

BUFFERS

ZONING DISTRICTS ARTERIAL COLLECTOR LOCAL

R-1, R-2, PN C B A

TC A A A

HC C C B

RC C C C

I E E D

§ 107. Bufferyard Requirements.

Illustrations graphically indicating the specification of each bufferyard are contained in

Appendix B.

§ 108. Bufferyard Use.

A bufferyard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails provided that: (1) no plant material is eliminated, (2) the total width of the bufferyard is maintained, and (3) all other regulations of this Chapter are met.

In no event, however, shall swimming pools, tennis courts or other such uses be permitted in bufferyards. The Planning Commission may allow substitution or reduction of the bufferyard if it finds that the required bufferyard will obstruct the view of a driver or that the bufferyard is incompatible with the existing streetscape.

232 Queenstown Zoning Ordinance Introduced 10.24.18 § 109. Ownership of Bufferyards.

Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Queenstown, or a homeowner's association, provided that any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this Chapter.

Part IV Environmental

Standards for Sensitive Areas § 110. Environmental Standards.

The following provisions shall apply to all development activities requiring site plan or subdivision plat approval.

A. Perennial Stream buffer

1. A minimum three-hundred (300) natural buffer from the Wye River and

perennials streams feeding the Wye River shall be required for all development. A one-hundred (100) foot natural buffer from all other perennial streams shall be required for all development. Permanent or temporary stormwater and/or sediment control devices shall not be permitted in this buffer. Buffers in the Critical Area shall be regulated as provided in § 39 except that a minimum threehundred (300) natural buffer from the Wye River shall be required if more

restrictive than the Critical Area Buffer requirements.

2. This buffer requirement may be reduced to no less than seventy-five (75) feet by

the Planning Commission for the following:

a. Road crossings, if disturbance is minimized.

b. Other public or community facilities provided disturbance is minimized in so far as possible.

3. Buffer establishment in vegetation.

An applicant for a development activity, redevelopment activity or a change in land use that occurs outside the perennial stream buffer, but is located on a lot or parcel that includes the minimum 100-foot buffer, shall establish the buffer in vegetation if the buffer is not fully forested or fully established in woody or 233 Queenstown Zoning Ordinance Introduced 10.24.18 wetland vegetation.

B. Intermittent Stream buffer

1. A fifty (50) foot buffer from all intermittent streams shall be required for all

development. Permanent or temporary stormwater management and sediment control devices shall not be permitted in this buffer.

2. This buffer requirement may be waived by the Planning Commission for the

following:

a. Road crossings, if disturbance is minimized.

b. Other public or community facilities provided disturbance is minimized in so far as possible.

3. Buffer establishment in vegetation.

An applicant for a development activity, redevelopment activity or a change in land use that occurs outside the intermittent stream buffer, but is located on a lot or parcel that includes the minimum 50-foot buffer, shall establish the buffer in vegetation if the buffer is not fully forested or fully established in woody or wetland vegetation.

C. Sensitive Soil buffer. The one-hundred (100) foot perennial stream buffer shall be expanded to include contiguous 100 year floodplain and nontidal wetlands. In addition, the one-hundred (100) foot perennial stream buffer shall be expanded to include hydric soils, highly erodible soils and soils on slopes greater than fifteen percent (15%) that are contiguous with the perennial stream, any 100 year flood plain adjacent to the stream, or

any nontidal wetlands adjacent to the stream to a maximum distance of three hundred (300) feet.

D. Non-tidal Wetland buffer. A twenty-five (25) foot setback from all non-tidal wetlands shall be required for all development around the extent of the delineated nontidal wetland except as permitted by the U.S. Army Corp of Engineers and the State of Maryland, Department of Natural Resources, Non-tidal Wetland Division.

E. Steep Slopes.

The following steep slope provisions shall apply.

234 Queenstown Zoning Ordinance Introduced 10.24.18

1. Grading, removal of vegetative cover and trees, and paving are not permitted on

any land in excess of fifteen (15) percent slope.

F. Habitat Protection Areas

1. Identification.

An applicant for a development activity, redevelopment activity or change in land use shall identify all applicable Habitat Protection Areas and follow the standards contained in this section. Habitat Protection Areas include:

a. Federal or State threatened or endangered species or species in need of conservation;

b. Forest areas utilized as breeding areas by interior forest dwelling birds;

c. Designated Natural Heritage Areas; and d. Other plant and wildlife habitats determined to be of local significance;

2. Standards

a. An applicant for a development activity proposed for a site that is in or near a Habitat Protection Area listed above shall request review by the Department of Natural Resources Wildlife and Heritage Service for comment and technical advice. Based on the Department’s recommendations, additional research and site analysis may be required to identify the specific location of the Habitat Protection Area on or near the

site.

b. If the presence of a Habitat Protection Area is confirmed by the Department of Natural Resources, the applicant shall develop a Habitat Protection Plan in coordination with the Department of Natural Resource.

c. The applicant shall obtain approval of the Habitat Protection Plan from the Planning Commission or the appropriate designated approving authority.

The specific protection and conservation measures included in the Plan shall be considered conditions of approval of the project.

235 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE X. OFF-STREET PARKING AND LOADING

§ 111. General Requirements.

A. Off-street parking required by this Chapter shall be provided on the same lot or premises as such structure or land use for which the parking is required, except that off-street parking spaces required for structures or land uses on two or adjoining lots may be provided in a single common facility on one or more of said lots provided said lots are owned in common, or are subject to recorded covenants or recorded easements for

parking.

B Required off-street parking facilities may be enclosed in a structure or may be open.

Enclosed structures and carports containing off-street parking shall be subject to the setback requirements applicable to the zoning district in which located.

C. Each required off-street parking space shall access directly onto an aisle or driveway. All off-street parking areas shall have appropriate access to a street or alley in a manner which least interferes with traffic movements on said street or alley.

D. All parking areas associated with public, semi-public, commercial or industrial uses, except in instances requiring less than six parking spaces, shall be paved with either Portland cement concrete, bituminous concrete (black-top), or bituminous surface treatment (tar & chips). Unpaved parking areas shall consist of compacted base with a stone or gravel topping, and shall be maintained in a dust-free, rut free, pot hole free

condition.

E Parking for the physically handicapped and aged shall be provided in the number, size and location to pursuant to the requirements of the State.

F All vehicles parked outdoors on a lot must be registered with current, valid state motor vehicle plates plainly visible.

G. Within the Queenstown Resort Development (QRD) district, parking and loading requirements shall be determined by the Planning Commission on a project specific basis.

§ 112. Flexibility.

A. The Town Commissioners recognize that, due to the particularities of any given development, the inflexible application of the parking standards may result in a development either with inadequate parking space or parking space far in excess of its 236 Queenstown Zoning Ordinance Introduced 10.24.18 needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter

situation wastes money as well as space that could more desirably be used for valuable development or environmentally useful open space.

B. The Planning Commission may permit deviations from the presumptive requirements of § 117 and may require more parking or allow less parking as deemed appropriate.

§ 113. Residential Area Limitations.

A. No more than one recreational vehicle as defined in Article II of this Chapter may be parked on any residential lot.

B. No more than one (1) boat or boat and trailer shall be parked on any residential lot and the overall length shall not exceed thirty-five (35) feet.

§ 114. Commercial / Industrial Areas.

A. In the Town Center (TC) district, when an existing (as of the date of adoption of this Chapter) conforming use of land or structure is replaced by a similar conforming use, offstreet parking regulations shall be waived by the Planning Commission to the extent that any construction, rebuilding, expansion, or demolition and rebuilding of existing structures that results in increased square footage, shall meet the requirements for parking

described herein only for the increased square footage, not for the existing square footage.

B. Parking areas for more than five (5) vehicles shall be effectively screened on each side which adjoins or is faced by any residential use by an ornamental wall, fence, earthen berm or compact evergreen hedge. Such screen shall be not less than four (4) feet or more than six (six) feet in height and shall be maintained in good condition without any advertising thereon.

§ 115. Lighting.

Any lighting used to illuminate off-street parking areas shall meet the standards of § 147.

237 Queenstown Zoning Ordinance Introduced 10.24.18 § 116. Parking Design Standard.

A. Each off-street parking space shall be a minimum of nine feet in width and a minimum of 18 feet in length, exclusive of access drives or aisles, ramps, columns, or work areas.

(The length of the parking space can be reduced to 16.5 feet, including wheel stop, if additional space of 1.5 feet in length is provided for the front overhang of the vehicle).

B. Each parking space shall have a vertical clearance of at least seven feet.

C. Horizontal widths for parking rows, aisles, and modules shall be provided as follows:

One Way Parallel 300 450 600 900 17 19 20 18 Single Row Parking 9' ' ' ' ' Access Aisle 10 10 10 20 Minimum 10' ' ' ' ' 27 29 30 38 Module Width 19' ' ' ' ' Two Way Parallel 300 450 600 900 34 38 40 36 Double Row of Parking 18' ' ' ' ' Access Aisle 20 20 20 20 Minimum 20' ' ' ' ' 54 58 60 56 Module Width 38' ' ' ' ' D. Entrances to off-street parking areas from a public street shall not exceed 35 ft. in width.

§ 117. Required Parking Spaces.

A. All developments in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development in question.

B. The Town recognizes that the Table of Minimum Parking Requirements set forth in Subsection E cannot and does not cover every possible situation that may arise.

238 Queenstown Zoning Ordinance Introduced 10.24.18 Therefore, in cases not specifically covered, the Planning Commission is authorized to determine the parking requirements using this table as a guide.

C. The Town also recognizes that, due to the particularities of any given development, the inflexible application of the parking standards may result in a development either with inadequate parking space or parking space far in excess of its needs. Alternative off-street parking standards may be accepted if the applicant can demonstrate that such standards better reflect local conditions and needs.

D. Whenever the Planning Commission allows or requires a deviation from the parking requirements set forth herein it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

E. Table of Minimum Parking Requirements

USE REQUIRED SPACES

Bank, Standard One space per 200 sq. ft., exclusive of storage and utility areas.

One space per 200 sq. ft., exclusive of storage and utility areas, plus Bank, Drive-Through five spaces per drive-through lane.

Beauty Parlor or Barber Shop Two spaces per operator Bed and Breakfast One space per bedroom, plus one space for the residents/manager One space per 4 seats (benches are deemed to have a capacity of one Church, Mosque, seat per 20 inches of length) or one space per 100 sq. ft. of floor - area, Temple, etc. whichever is greater.

Clubs, Lodges, Assembly Halls and One space per 100 sq. ft. of usable floor space, or one space per each Recreational Facilities two persons to the rated capacity of the building.

Day Care Center, Child One space per teacher plus one Space per 6 children Day Care Center, Adult One space per employee plus one space per five care persons Eight spaces per parlor or one space per 50 sq. ft. of floor area, Funeral Home whichever is greater.

One space per 100 sq. ft. of floor area, but not less than 10 spaces.

Each service rack, or bay, may be counted as one space, but driveways Motor Vehicle Service and pump areas may not. For stations specializing in fuel sales Station without any other type of auto service, five spaces shall be provided.

Two additional spaces to the two spaces required for residential Home Occupation purposes.

Hotel, Motel, One space per sleeping unit plus one space per two employees.

239 Queenstown Zoning Ordinance Introduced 10.24.18

USE REQUIRED SPACES

Rooming House Libraries, Museums and Art Galleries One space per 150 sq. ft. of floor area.

One space per each two employees on the largest working shift, or one Manufacturing Uses space per 500 sq. ft., whichever is greater One space per three beds for occupants plus one space for each two Nursing Home staff or service employees Office, Business or One space per 200 sq. ft. of floor area, exclusive of storage and utility Professional areas.

Office, Physician or Dentist Four spaces per physician or dentist.

Residences: Singlefamily Detached, Two spaces per dwelling.

Semi-detached unit and Attached Two spaces per dwelling.

Residences: One and one-half spaces for one bedroom units. Two spaces for two Apartments or more bedroom units.

Note: For Commercial Apartments, see "Multiple Use, Parking" which follows in § 118.

Residences for the Elderly One space per each four dwelling units Restaurants or Other Places serving Food, One space per each five seats, plus one space per each two employees Beverages or other or one space per 200 sq. ft. of floor area so used, whichever is greater Refreshments One space per three seats plus one per two employees; minimum of Restaurant, Fast-Food 20 spaces must be provided Retail or Service

Business One space per 200 sq. ft. of floor area Retail Food Stores (over 4000 sq. ft.) One space per 250 sq. ft. of floor area available to the public.

One space for each four seats in a principal auditorium or one space Schools, Private per each 10 classroom seats, whichever is greater.

Shopping Center Four spaces per 1000 sq. ft. of Warehouse One space per 6,000 sq. ft. of floor warehouse principally.

240 Queenstown Zoning Ordinance Introduced 10.24.18 § 118. Multiple Use Parking.

A. Commercial Apartments: Residential parking demand tends to complement office and retail demands since some residents drive to work at other locations during the day, thus vacating parking spaces for use by the site's office employees and retail patrons.

Accordingly, forty percent (40%) of the parking spaces required for the commercial apartments on a site may apply to the number of parking spaces required for the commercial uses within the same building or development area.

B. Multiple Use Sites:

1. Two or more non-residential uses shall be permitted to share their off-street

parking spaces in a common parking facility if the hours or days of peak parking for the uses are so different that a lower total will provide adequately for all uses served by the facility without conflict or encroachment.

2. To assure that no conflict or encroachment occurs, shared parking spaces for such

uses shall be provided according to the following table:

Land Use Weekday Weekend Time Period 6:00 AM 6:00 PM 6:00 AM 6:00 PM Time Period 6:00 PM Midnight 6:00 PM Midnight Office or Industrial 100% 10% 10% 5% Retail 60% 90% 100% 70% Hotel or Motel 75% 100% 75% 100% Restaurant 50% 100% 100% 100%

3. Method of Calculation:

Step 1. For each of the four time periods, multiply the minimum number of parking spaces normally required for each use, by the corresponding percentage in the table.

Step 2. Add the results of each column. The required number of parking spaces shall equal the highest column total.

§ 119. Town Center Waiver.

241 Queenstown Zoning Ordinance Introduced 10.24.18 In TC Town Center District, should the configuration of the lot, the placement or replacement of existing conforming structures, or a change of use to a conforming structure, but more intensive use preclude adherence to these parking requirements, the Planning Commission shall waive offstreet parking requirements, provided that the owner demonstrates:

A. Adequate public off-street parking is available within a reasonable walking distance and/or;

B. On-street parking is available, and that the parking associated with the contemplated use will not materially impede the flow of traffic or preempt existing residential parking and/or;

C. A written agreement allowing parking in support of the use of an adequate private offstreet parking lot within a reasonable walking distance.

D. The building is historic and cannot meet the requirements.

§ 120. Parking Setbacks: In other than residential districts.

A. Minimum of 10 feet from public street right-of-way, except five feet in TC Town Center District.

B. Minimum of five feet from side and rear property lines, except where shared parking facilities are arranged.

C. Minimum of 15 feet from all buildings in Highway Commercial and Regional Districts and Industrial District.

D. Minimum of five feet from all buildings in TC Town Center District.

§ 121. Off-Street Loading Spaces.

A. In any zone in connection with every building or part thereof having a gross floor area of 20,000 sq. ft. or more, which is to be occupied by manufacturing, storage, warehouse, goods display or sales, mortuary, or other uses similarly requiring the receipt and distribution, by vehicle, of materials or merchandise; there shall be provided and maintained on the same lot with such building or use, at least one off-street loading space

plus one additional loading space for each 20,000 sq. ft. of gross floor area or major fraction thereof.

242 Queenstown Zoning Ordinance Introduced 10.24.18 B. Each loading space shall be not less than 10 feet in width, 45 feet in length, and 14 feet in height. The Planning Commission may modify this requirement where it can be demonstrated alternative dimensions serve the purpose and do not create traffic or pedestrian safely issues.

C. Such space may occupy all or any part of any required yard except a front yard.

D. No such space shall be located closer than 50 feet to any lot located in any residential district, unless wholly within a completely enclosed building, or unless enclosed on all sides by a wall, fence, berm and/or landscaping, not less than six feet in height.

243 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE XI. SIGNING AND LIGHTING

§ 122. Purpose and Intent.

Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this Article is to regulate all signs within Queenstown to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:

A. Setting standards and providing uniform, scientifically-based controls that permit reasonable use of signs and preserve the character of Queenstown.

B. Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.

C. Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.

D. Establishing a process for the review and approval of sign permit applications.

E. Ensuring sign design that builds on the traditional town image and visual environment the Town seeks to promote in the town center and appropriate signage for highway oriented uses adjacent to the US 301 and 50 corridors.

§ 123. Signs Regulated.

Any sign erected, placed, attached, altered, reconstructed, or modified after the adoption of this shall conform to the following regulations.

§ 124. Definitions and Interpretation.

Words and phrases used in this ordinance shall have the meanings set forth in this section. All other words and phrases shall be as defined in Article II or will be given their common, ordinary meaning, unless the context clearly requires otherwise.

ABANDONED SIGN - A sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 180 days.

244 Queenstown Zoning Ordinance Introduced 10.24.18 ADDRESS SIGN - A sign that designates the street number and/or street name for identification purposes, as designated by the United States Postal Service. (Also known as: nameplate sign) ANIMATED SIGN - Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

BALLOON SIGN - A lighter-than-air, gas-filled balloon, tethered in a fixed location, which contains an advertisement message on its surface or attached to the balloon in any manner.

BANNER - Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

BEACON - Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.

BUILDING MARKER - Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

BUILDING SIGN - Any sign attached to any part of a building, as contrasted to a freestanding sign.

CANOPY SIGN - Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

CHANGEABLE COPY SIGN - A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. The two types of changeable-copy signs are manual changeable copy signs and electronic changeable copy signs, which include: message center signs, digital displays, and Tri-Vision Boards.

CHANNEL LETTER SIGN - A sign consisting of fabricated or formed three-dimensional letters, individually applied to a wall, which may accommodate a light source.

COMMERCIAL MESSAGE - Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

245 Queenstown Zoning Ordinance Introduced 10.24.18 DIGITAL DISPLAY - The portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.

DIRECTIONAL SIGN - Signs designed to provide direction to pedestrian and vehicular traffic into and out of, or within a site.

ELECTRONIC MESSAGE BOARD (ALSO CHANGEABLE COPY SIGN) - A sign, or portion of a sign, that displays an electronic image and/or video, which may or may not include text.

Such signs include any sign, or portion of a sign, that uses changing lights to form a sign message or messages or uses electronic means to change the sign message. Electronic message boards include but are not limited to signs also known as "electronic reader boards," "electronic message center signs," "tri-panel message systems" and "commercial electronic variable message signs (CEVMS)." Electronic message signs are not considered flashing signs.

FESTOON LIGHTING - A type of illumination comprised of either: (a) a group of incandescent light bulbs hung or strung overhead or on a building or other structure, or (b) light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.

FLAG - Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

FLASHING SIGN - A sign whose artificial illumination is not kept constant in intensity at all times when in use and which exhibits changes in light, color, direction, or animation. This definition does not include electronic message centers signs or digital displays that meet the requirements set forth herein.

FREESTANDING SIGN - A sign supported by structures or supports that are placed on, or anchored in, the ground; and that is independent and detached from any building or other structure. The following are subtypes of freestanding signs:

GROUND SIGN - A sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building. (Also known as monument sign) POLE SIGN - A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.

246 Queenstown Zoning Ordinance Introduced 10.24.18 GOVERNMENT/REGULATORY SIGN - Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.

HOLIDAY DECORATIONS - Signs or displays including lighting which are a non-permanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons. (Also known as seasonal decorations) INCIDENTAL SIGN - A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only,"

"telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

ILLUMINATION - A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.

EXTERNAL ILLUMINATION - Artificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent property.

INTERNAL ILLUMINATION - A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this ordinance.

HALO ILLUMINATION - A sign using a 3-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect. (Also known as back-lit illumination.) ILLUMINATED SIGN - A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.

INFLATABLE SIGN - A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.

247 Queenstown Zoning Ordinance Introduced 10.24.18 INSTITUTIONAL SIGN - A sign placed on a property owned by religious or charitable nonprofit organizations, hospitals, schools, fire and rescue, clubs or similar uses.

LIMITED DURATION SIGN - A non-permanent sign that is displayed on private property for more than thirty (30) days, but not intended to be displayed for an indefinite period.

MARQUEE - Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN - Any sign attached to, in any manner, or made a part of a marquee.

MECHANICAL MOVEMENT SIGN - A sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or by another means, but shall not include wind-activated movement such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.

MENU SIGN - A permanent sign for displaying the bill of fare available at a restaurant or other use serving food, or beverages.

MESSAGE CENTER SIGN - A type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards.

MURAL (OR MURAL SIGN) - A large picture/image (including but not limited to painted art) which is painted, constructed, or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/or symbols.

NEON SIGN - A sign illuminated by a neon tube, or other visible light-emanating gas tube, that is bent to form letters, symbols, or other graphics.

NONCONFORMING SIGN - Any sign that does not conform to the requirements of this ordinance.

OFF-PREMISES SIGN - An outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a non-commercial message about something that is not sold, produced, manufactured, furnished, 248 Queenstown Zoning Ordinance Introduced 10.24.18 or conducted on the premises upon which the sign is located. (Also known as a third-party sign,

billboard, or outdoor advertising.) ON-PREMISES SIGN - A sign whose message and design relate to an individual business, profession, product, service, event, point of view, or other commercial or non-commercial activity sold, offered, or conducted on the same property where the sign is located.

PENNANT - A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.

PENNANT - Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PERSONAL EXPRESSION SIGN - An on-premises sign that expresses an opinion, interest, position, or other non-commercial message.

PORTABLE SIGN - A sign designed to be transported or moved and not permanently attached to the ground, a building, or other structure.

SANDWICH BOARD SIGN - A type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and whose message is targeted to pedestrians (Also known as A-frame sign.) VEHICULAR SIGN - A sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sits or is otherwise not incidental to the vehicle’s primary purpose.

PROJECTING SIGN - Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

PUBLIC SIGN - A sign erected or required by government agencies or utilities, including traffic, utility, safety, railroad crossing, and identification signs for public facilities.

REFLECTIVE SIGN - A sign containing any material or device which has the effect of intensifying reflected light.

RESIDENTIAL SIGN - Any sign located in a district zoned for residential uses that contains no 249 Queenstown Zoning Ordinance Introduced 10.24.18 commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance.

REVOLVING SIGN - A sign which revolves in a circular motion; rather than remaining stationary on its supporting structure.

ROOF SIGN - Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

SIGN - Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

SIGN AREA - The total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols.

SUSPENDED SIGN - A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

TEMPORARY SIGN - A banner, pennant, poster or advertising display constructed of cloth, canvas, plastic sheet, cardboard, wallboard, plywood or other like materials that is located on private property and intended to be displayed for no more than 30 consecutive days at one time.

TRI-VISION BOARD - An outdoor unit with a slatted face that allows three different copy messages to revolve at intermittent intervals.

WALL SIGN - Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

WINDOW SIGN - Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

§ 125. General.

A. Moving Signs 250 Queenstown Zoning Ordinance Introduced 10.24.18

1. No sign, except for time and/or temperature signs, shall have any flashing, blinking, or

fluttering lights or any device that creates the appearance of movement.

2. No sign shall have any undulating, swinging, rotating or otherwise moving parts, and no

sign may be wind activated.

B. Location

1. Except as may otherwise be provided each sign shall be located within the property lines

of the use to which it refers.

2. Except for directional signs, signs shall be located at least ten (10) feet from any property

line.

3. Any permanent sign that does not relate to a residential use shall be located at least fifty

(50) feet from any property line of a residentially zoned property.

4. In the Highway Commercial (HC), Regional Commercial (RC) and Industrial (I) zones,

freestanding signs shall be set back a minimum of 10 feet from any street right-of-way line, except that along US Route 50 and US Route 301, the minimum setback shall be fifty (50) feet. Wherever a street or other right-of-way exists adjacent to the highway right-of-way, the minimum setback from the parallel right-of-way shall be 10 feet.

Notwithstanding these minimum distances, no sign shall project within the right-of-way of any public street.

5. No part of a sign, or its structural framework or supporting elements, may obstruct any

window or opening intended to provide light or air to a building or to any window, door, fire escape, stairway, ladder or opening giving, or intending to give access to or from a building, fire hydrant or standpipe

6. No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic

on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color.

7. Signs and their supporting structures shall maintain clearance and noninterference with

all surface and underground utility and communications lines or equipment.

C. Sight Distance 251 Queenstown Zoning Ordinance Introduced 10.24.18 No sign or its supporting structure shall obstruct or interfere with a traffic signal or the clear view of any sight line at any entrance, exit, or intersection or along any street or highway right-of-way.

D. Right-of-Way

1. No signs, including traffic signs and similar regulatory signs, except those of the Town or

State, shall be located or allowed to project within the right-of-way of any public street.

E. Roof Signs No sign shall be attached to or supported by the roof of a building. No sign shall extend above or over the roof or parapet of a building.

F. Height Measurement

1. The height of a freestanding sign shall be measured from the grade of an adjoining street,

provided the street is within fifty (50) feet of the proposed sign location. Otherwise, it shall be measured from the adjacent ground level.

2. The clearance of a projecting sign shall be measured from the base of the sign face to the

ground below.

3. The height of a wall sign shall be measured from the base of the building below the sign

to the top of the sign face. The top of the sign shall be no higher than the maximum building height nor shall it be more than three feet higher than the highest ceiling elevation in the building.

G. Sign Area

1. Sign area is measured as the smallest rectangular area enclosing all elements (words,

letters, figures, logos, emblems) of the sign. Intervening space between different elements forming separate messages is not counted as sign area. Sign area includes all ornamental and interconnecting link. Frames, the supporting structure and bracing of a sign shall not be included in the area of the sign.

2. Where a freestanding sign has two display faces back to back, the area of only one face

shall be considered the sign face, provided that the faces are placed back to back, no more than two feet apart, are of the same dimensions, and have identical copy, except minor differences necessary for directional purposes.

252 Queenstown Zoning Ordinance Introduced 10.24.18

3. Where a sign has more than one display face, other than back to back, all areas which are

to be viewed simultaneously shall be considered the sign face area.

H. Wall Signs.

1. No portion of a wall sign shall be mounted less than eight (8) feet above the finished

grade or extend out more than twelve (12) inches from the building wall on which it is affixed. If the wall sign projects less than three (3) inches from the building wall on which it is affixed, the eight-foot height requirement need not be met.

I. Canopy or Awning Signs.

1. A canopy or awning without lettering or other advertising shall not be regulated as a sign.

2. Canopy or awning signs must be centered within or over architectural elements such as

windows or doors.

3. No awning or canopy sign shall be wider than the building wall or tenant space it

identifies.

4. Sign Placement.

a. Letters or numerals shall be located only on the front and side vertical faces of the awning or canopy.

b. Logos or emblems are permitted on the top or angled portion of the awning or canopy up to a maximum of three square feet. No more than one emblem or logo is permitted on any one awning or canopy.

5. Sign Height.

a. The lowest edge of the canopy or awning sign shall be at least eight (8) feet above the finished grade.

6. Any ground-floor awning projecting into a street right-of-way must be retractable.

7. Awnings above the ground floor may be fixed, provided they do not project more than

four (4) feet from the face of the building.

253 Queenstown Zoning Ordinance Introduced 10.24.18

8. Multi-tenant Buildings. If the awning or canopy sign is mounted on a multi-tenant

building, all awning or canopy signs shall be similar in terms of height, projection, and style across all tenants in the building.

J. Projecting Signs.

1. No portion of a projecting signs shall project more than four (4) feet from the face of the

building.

2. The outermost portion of a projecting sign shall project no closer than five (5) feet from a

curbline or shoulder of a public street.

3. Sign Height. The lowest edge of a projecting sign shall be at least eight (8) feet above the

finished grade.

K. Window Signs.

1. Incidental window signs displaying pertinent business information such as the business’

hours of operation and credit cards accepted, shall be excluded from area calculations for window signs.

L. Marquee Signs.

1. Such signs shall be located only above the principal public entrance of a building facing a

public street or parking lot.

2. No marquee shall be wider than the entrance it serves, plus two (2) feet on each side

thereof.

3. No marquee shall extend closer to the curb than three (3) feet.

4. Sign Height.

a. No portion of a marquee sign shall extend vertically above the eaveline.

b. The lowest edge of the marquee sign shall be at least ten (10) feet above the finished grade.

M. Freestanding Signs.

1. The lowest edge of any freestanding pole sign shall be either less than four (4) feet or

greater than seven (7) feet above the ground.

254 Queenstown Zoning Ordinance Introduced 10.24.18

2. Freestanding ground signs shall be supported and permanently placed by embedding,

anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.

3. Sign Placement.

a. All freestanding signs shall be set back five (5) feet from the right-of-way, except for official traffic signs and government/regulatory signs.

b. No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway of the right-of-way or other areas required to remain unobstructed.

N. Manual Changeable Copy Signs: Manual changeable copy signs are permitted only when integrated into a freestanding, marquee, or wall sign.

O. Message center signs are subject to the following regulations, in addition to all other illumination requirements established in this Section.

1. Sign Type: Message center signs are permitted in the form of freestanding, monument,

and wall signs in accordance with the applicable district regulations.

2. Height: A message center sign shall have the same height limits as other permitted signs

of the same type and location.

3. Area: message center signs shall not exceed 50% of the sign area for any one sign, and

shall not exceed more than 30% of the total area for all signs permitted on a property.

4. Maximum Number: Where permitted, one (1) message center sign is permitted per street

frontage, up to a maximum of two (2) message center signs per property.

5. Message Display:

a. No message center sign may contain text which flashes, pulsates, moves, or scrolls.

Each complete message must fit on one screen.

b. The content of a message center sign must transition by changing instantly (e.g., no fade-out or fade-in).

c. Default Design: The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

255 Queenstown Zoning Ordinance Introduced 10.24.18

5. Conversion of a permitted non-message center sign to a message center sign requires the

issuance of a permit by the Town.

6. The addition of any message center sign to a nonconforming sign is prohibited

7. Public Service Announcements: The owner of every message center sign shall coordinate

with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

P. Digital display signs are subject to the following regulations in addition to all other requirements established in this Section.

1. Sign Type: Digital displays are permitted in the form of freestanding, monument, and

wall signs in accordance with the applicable district regulations.

2. Height: A digital display shall have the same height limits as for other permitted signs of

the same type and location.

3. Area: digital displays shall not exceed more than 30% of the total sign area permitted on

the site.

4. Maximum Number per Property: Where permitted, one (1) digital display sign is

permitted per property.

5. Message Display:

a. Any Digital Display containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.

b. One message/display may be brighter than another, but each individual message/display must be static in intensity.

c. The content of a digital display must transition by changing instantly, with no transition graphics (e.g., no fade-out or fade-in).

d. Default Design: The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

256 Queenstown Zoning Ordinance Introduced 10.24.18

6. Conversion of a permitted non-digital sign to a digital sign requires the issuance of a

permit issued by the Town.

7. The addition of any digital display to a nonconforming sign is prohibited.

8. Public Service Announcements: The owner of every digital sign shall coordinate with the

local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

§ 126. Prohibited signs; exceptions.

A. Billboards, streamers, pennants, beacons, ribbons, spinners or other similar devices shall not be constructed, posted or erected in any zone.

B. Flashing signs, animated signs, and signs containing reflective elements which sparkle or twinkle in the sunlight are not permitted.

C. Except as otherwise provide for in this Article portable signs, inflatable signs or tethered balloons (commercial grade) are not permitted.

D. Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted after thirty (30) days said business or organization becomes defunct (closes down business activities/operations).

E. No sign, except for a traffic, regulatory or informational sign, shall use the words "stop," "caution," or "danger" or shall incorporate red, amber, or green lights resembling traffic signals or shall resemble "stop" or "yield" signs in shape and color.

F. Outdoor advertising displays and off-site signs. Outdoor advertising displays such as billboards (digital and the like) and all off-site commercial signs are prohibited.

G. Rolling signs. Any sign which is portable in nature mounted on a movable chassis without having a fixed location also known as "manual variable message signs." H. Roof signs.

I. Signs with obscene or indecent content.

J. Abandoned signs.

257 Queenstown Zoning Ordinance Introduced 10.24.18 K. Vehicular signs. This regulation does not include the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.

L. Mechanical movement signs, including revolving signs.

M. Signs which emit smoke, visible vapors, particulate matter, sound, odor or contain open flames.

O. Any banner or sign of any type suspended across a public street, without the permission of the owner of the property and road.

P. Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state, or federal government.

Q. Any sign that promotes illegal activity.

§ 127. Signs allowed without building permit.

The following signs shall be allowed without a sign permit and shall not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided all other applicable standards are met:

A. Official traffic signs.

B. Signs erected or posted and maintained for public safety and welfare or pursuant to any governmental function, law, ordinance or other regulation and temporary signs indicating danger.

C. Directional signs solely indicating ingress and egress at driveway locations, containing no advertising material, and where the display area does not exceed two (2) square feet or extend higher than three feet above ground level. Such sign will conform in all respects with the requirements of this code.

D. Signs posted as warnings related to trespassing, hunting, and danger from animals, not exceeding two (2) square feet in area. They may be posted on buildings, fences or structures on property at eye level and may not serve any advertising purpose.

E. Utility company signs not exceeding two (2) square feet with no advertising purpose.

258 Queenstown Zoning Ordinance Introduced 10.24.18 F. Construction signs. A maximum of four (4) signs located on construction sites not exceeding sixteen (16) square feet in aggregate while a valid construction permit is active. Such signs shall be removed within ten (10) days after the completion of such construction or issuance of the final occupancy permit.

G. Security/emergency contact signs not exceeding two (2) square feet.

H. Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building structure.

I. Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three (3) feet from the window.

J. Up to two (2) personal expression signs of any sign type, including flags, provided that they do not exceed three (3) sq. ft. in area per side, are non-commercial in nature, and not illuminated.

K. Address signs - Up to two (2) signs stating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification.

1. Residential districts. Signs not to exceed four (4) sq. ft. in area.

2. Non-residential districts. Signs not to exceed five (5) sq. ft. in area.

L. Private drive signs - One (1) sign per driveway entrance, not to exceed two (2) sq. ft. in area.

M. Flags:

1. Location. Flags and flagpoles shall not be located within any right-of-way.

2. Height. Flags shall have a maximum height of 30 ft.

3. Number. No more than two (2) flags per lot in residential districts, no more than three (3)

flags per lot in all other districts.

4. Size. Maximum flag size is 24 sq. ft. in residential districts, 35 sq. ft. in all other districts.

5. Flags containing commercial messages may be used as permitted freestanding or

projecting signs, and, if so used, the area of the flag shall be included in, and limited by the computation of allowable area for signs on the property.

259 Queenstown Zoning Ordinance Introduced 10.24.18

6. Flags up to three (3) sq. ft.in area containing noncommercial messages are considered

personal expression signs.

O. Holiday and seasonal decorations.

P. Vending machine signs.

Q. Incidental signs, including incidental window signs.

R. Art and murals provided such signs do not contain any commercial messaging.

S. Temporary signs in accordance with § 130.

§ 128. Standards for signs.

A. General design or development standards The following shall apply to all permitted signs.

1. Architectural compatibility. A sign (including its supporting structure and components, if

any) shall be designed as an integral design element of a building's architecture and shall be architecturally compatible, including color, with any building to which the sign is to identify and with surrounding structures as determined by the Planning Commission.

2. All light fixtures, conduit and shielding shall be painted to match either the building or

the supporting structure that serves as the background of the sign.

3. Signs shall be professionally constructed or rendered rather than hand-drawn or

homemade, unless approved by the Planning Commission.

4. The number of graphic elements on a sign shall be held to the minimum needed to

convey the sign's major message and shall be composed in proportion to the sign face.

5. Sign Materials & Construction: Every sign shall be constructed of durable materials,

using noncorrosive fastenings; shall be structurally safe and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.

6. A master sign plan will be required for any proposed shopping center, business center,

industrial park or other commercial business, institutional or industrial development that requires a site plan, as well as any property that receives a variance for signage exceeding the maximum size limit. The following information is required:

260 Queenstown Zoning Ordinance Introduced 10.24.18 a. Proposed sign palette which may include:

(1) Attached building signs

(2) Monument signs

(3) Freestanding, pylon signs

(4) Window signs

(5) Directional signs/wayfinding

(6) Directory signs

(7) Pedestrian oriented signs

(8) Other

b. As site plan showing the location of all proposed signs included in the sign palette.

c. Size and number of all proposed signs including maximum area, letter height, number, height, etc.

d. Materials proposed for all signs and sign structures.

e. Color and style palette for all signs (letter colors, background colors, text fonts, etc.) including context of where signs are to be placed on any given façade.

f. Type of illumination proposed (external, internal, etc.).

g. Landscaping and/or ornamental structures including fences, fountains, public art, ground cover, and other landscaping elements that are intended to complement the proposed sign palette and design.

h. Any other information as required by the decision making bodies.

i. Master Signage Plan Application. The master signage program application shall include, at a minimum, the following to be deemed a completed application:

(1) A master site plan showing a location of each of the proposed signage

type(s). Dimension and label the sign types and include distance measurement of the signs location from the nearest public right-of way.

261 Queenstown Zoning Ordinance Introduced 10.24.18

(2) Provide signage elevations (dimensioned and labeled) indicating proposed text

areas, materials, material finishes, colors, lighting and identifiable references as to how the signage design relates to the proposed architecture. Identify any landscaping elements proposed.

(3) For all signage is to be mounted on building façades, provide accurate

building elevations that show signage dimension, signage location, text areas, materials, material finishes, colors and identifiable references as to how the signage design relates to the proposed architecture.

j. No sign permit shall be issued for a sign included in a master signage plan that does not conform to the standards of the master signage plan. The Planning Commission may approve amendments to a master signage plan at any time.

§ 129. Sign Illumination.

A. General.

1. The following are the types of sign illumination that may be permitted:

a. Internal Letters: Sign background is made of wood, metal or other non-translucent material. Letters are of a translucent material, and the lighting source is within the sign.

b. Internal Sign: Sign is made of a translucent material and lighting source is within the sign.

c. Back Lighting: Letters are raised above the sign background and the background is illuminated.

d. Spot Light: Spotlights are directed onto the sign. They shall be fully shielded so that the source is not visible from streets or property.

2. No person may erect a sign which flashes.

3. No person may erect a sign that constitutes a hazard to pedestrian or vehicular traffic

because of intensity or direction of illumination.

4. Is structurally unsafe.

262 Queenstown Zoning Ordinance Introduced 10.24.18

5. Constitutes a hazard to public safety and health by reason of inadequate maintenance,

dilapidation or abandonment.

6. Is capable of causing electrical shock.

B. Signs may be illuminated, unless otherwise specified herein, consistent with the following standards:

1. Light sources to illuminate signs shall neither be visible from any street right-of-way, nor

cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.

Neon signs are discouraged unless they are appropriate to the period of the architecture or history of the building and then must be approved by the Planning Commission.

2. No more than 0.2 foot-candle of light shall be detectable at the boundary of any abutting

property.

3. Hours of Operation:

(a) Signs shall not be illuminated after 10:00 p.m. or close of business, whichever is later,

unless specifically allowed at site plan review by the Planning Commission.

(b) Signs shall provide an automatic timer to comply with the intent of this Section.

4. Brightness: Message center signs and digital displays are subject to the following

brightness limits:

(a) During daylight hours between sunrise and sunset, luminance shall be no greater than

five thousand (5,000) nits.

(b) At all other times, luminance shall be no greater than two hundred fifty (250) nits.

(c) Each sign must have a light sensing device that will automatically adjust the

brightness of the display as the natural ambient light conditions change. To comply with the limits set here within.

5. Message Duration: The length of time each message may be displayed on a message

center sign, digital display, or Tri-Vision Board sign is based upon the visibility and speed limit unique to individual signs and adjacent road conditions. The following method should be used to calculate message duration for message center signs, digital displays, or Tri-Vision Board signs.

263 Queenstown Zoning Ordinance Introduced 10.24.18

(a) Determine the greatest distance from which the sign becomes visible on the road the

sign is primarily intended to serve. If a sign is intended to be seen by more than one roadway, the road with the lower posted speed limit shall be used for determining message duration.

(b) Multiply the road’s posted speed limit (MPH) by 5,280, and then divide by 3,600 to

obtain the speed limit in feet/second.

(c) Divide the visibility distance by the speed limit (feet/second).

(d) Add an additional ten (10) percent of this number to the total.

(e) The resulting amount of time is the minimum permitted message duration, except

where this value is less than eight (8) seconds in which the minimum message duration shall be no less than eight (8) seconds.

C. Types of Illumination: Where permitted, illumination may be:

1. External: Externally illuminated signs, where permitted, are subject to the following

regulations:

(a) The source of the light must be concealed by translucent covers.

(b) External illumination shall be by a steady, stationary light source, shielded and

directed solely at the sign. The light source must be static in color.

2. Internal: Internally illuminated signs, where permitted, are subject to the following

regulations:

(a) Internal illumination, including neon lighting, must be static in intensity and color.

(b) Message center signs are permitted in accordance with the regulations contained in §

129.D.

(c) Digital displays are permitted in accordance with the regulations contained in §

129.E.

D. Message center signs are subject to the following regulations, in addition to all other illumination requirements established in this Section.

264 Queenstown Zoning Ordinance Introduced 10.24.18

1. Sign Type: Message center signs are permitted in the form of freestanding, monument,

and wall signs in accordance with the applicable district regulations.

2. Height: A message center sign shall have the same height limits as other permitted signs

of the same type and location.

3. Area: Message center signs shall not exceed 50% of the sign area for any one sign, and

shall not exceed more than 30% of the total area for all signs permitted on a property.

4. Maximum Number: Where permitted, one (1) message center sign is permitted per street

frontage, up to a maximum of two (2) message center signs per property.

5. Message Display:

(a) No message center sign may contain text which flashes, pulsates, moves, or scrolls.

Each complete message must fit on one screen.

(b) The content of a message center sign must transition by changing instantly (e.g., no

fade-out or fade-in).

(c) Default Design: The sign shall contain a default design which shall freeze the sign

message in one position if a malfunction should occur.

6. Conversion of a permitted non-message center sign to a message center sign requires the

issuance of a permit pursuant to a permit issued by the Town.

7. The addition of any message center sign to a nonconforming sign is prohibited.

8. Public Service Announcements: The owner of every message center sign shall coordinate

with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

E. Digital display signs are subject to the following regulations in addition to all other requirements established in this Section.

1. Sign Type: Digital displays are permitted in the form of freestanding, monument, and

wall signs in accordance with the applicable district regulations.

265 Queenstown Zoning Ordinance Introduced 10.24.18

2. Height: A digital display shall have the same height limits as for other permitted signs of

the same type and location.

3. Area: Digital displays shall not exceed more than 30% of the total sign area permitted on

the site.

4. Maximum Number per Property: Where permitted, one (1) digital display sign is

permitted per property.

5. Message Display:

(a) Any Digital Display containing animation, streaming video, or text or images which

flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.

(b) One message/display may be brighter than another, but each individual

message/display must be static in intensity.

(c) The content of a digital display must transition by changing instantly, with no

transition graphics (e.g., no fade-out or fade-in).

(d) Default Design: The sign shall contain a default design which shall freeze the sign

message in one position if a malfunction should occur.

6. Conversion of a permitted non-digital sign to a digital sign requires the issuance of a

permit pursuant to permit issued by the Town.

7. The addition of any digital display to a nonconforming sign is prohibited.

8. Public Service Announcements: The owner of every digital sign shall coordinate with the

local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks or natural disasters. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

F. Electrical Standards.

1. Permits for illuminated signs will not be issued without an approved electrical permit, if

required. Applications for electrical permits shall be filed at the same time as the sign permit application.

266 Queenstown Zoning Ordinance Introduced 10.24.18

2. All work shall be completed in full compliance with the Electrical Code.

3. The electrical supply to all exterior signs, whether to the sign itself or to lighting fixtures

positioned to illuminate the sign, shall be provided by means of concealed electrical cables. Electrical supply to freestanding signs shall be provided by means of underground cables.

4. The owner of any illuminated sign shall arrange for a certification showing compliance

with the brightness standards set forth herein by an independent contractor and provide the certification documentation to the Queenstown as a condition precedent to the issuance of a sign permit.

G. Glare Control: Glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields, and baffles, and appropriate application of fixture mounting height, wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare.

§ 130. Temporary Signs.

Temporary signs are permitted subject to the following standards:

A. Shall not exceed sixteen (16) square feet in area;

B. Shall not be located within any dedicated right-of-way; and C. Shall be removed within thirty (30) days after the election, sale, rental, lease or conclusion of event.

§ 131. Limited Duration Signs.

A. Limited duration signs, as defined in this Section, located on private property are subject to the regulations set forth below. Limited Duration signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property. Unless otherwise stated below, the requirements listed below shall apply to both commercial and non-commercial signs.

B. Size and Number.

1. HC, RC, QRD and I-1 Districts:

267 Queenstown Zoning Ordinance Introduced 10.24.18 a. Large Limited Durations Signs: One (1) large limited duration sign is permitted per property in all non-residential zones. If a property is greater than five (5) acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one (1) additional large limited duration sign may be permitted so long as there

is a minimum spacing of 200 feet between the two (2) large limited duration signs.

(1) Type:

(a) Freestanding sign

(b) Window sign

(c) Wall sign

(2) Area: Each large limited duration sign shall have a maximum area of 32 sq. ft.

(3) Height: Large limited duration signs that are freestanding shall have a maximum

height of eight (8) feet.

b. Small Limited Duration Signs: In addition to the large limited duration sign(s) outlined above, one (1) small limited duration sign is permitted per property in all nonresidential zones. If a property is greater than five (5) acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area, one (1) additional small sign may be permitted.

(1) Type:

(a) Freestanding sign

(b) Window sign

(c) Wall sign

(2) Area: Each small limited duration sign shall have a maximum area of six (6) sq.

ft.

(3) Height: Small limited duration signs that are freestanding shall have a maximum

height of six (6) feet.

2. R-1, R-2, QCS and TC Districts:

268 Queenstown Zoning Ordinance Introduced 10.24.18 a. Large Limited Duration Sign: One (1) large limited duration sign is permitted per property so long as the property is greater than five (5) acres in size and has at least 400 feet of street frontage or has more than 10,000 square feet of floor area.

(2) Type:

(a) Freestanding sign

(b) Window sign

(c) Wall sign

(2) Area: Each large limited duration sign shall have a maximum area of twenty-four

(24) sq. ft.

(3) Height: Large limited duration signs that are freestanding shall have a maximum

height of eight (8) feet.

b. Small Limited Duration Sign: One (1) small limited duration sign is permitted per property.

(1) Type:

(a) Freestanding sign

(b) Window sign

(c) Wall sign

(2) Area: Each small limited duration sign shall have a maximum area of twelve (12)

sq. ft.

(3) Height: Small limited duration signs that are freestanding shall have a maximum

height of six (6) feet.

C. Permit Requirements.

1. A permit for a limited duration sign is issued for one (1) year and may be renewed

annually.

2. One (1) sign is allowed per permit. An applicant may request up to two (2) permits per

address, but is subject to the size and number requirements set forth in this section.

269 Queenstown Zoning Ordinance Introduced 10.24.18

3. An application for a limited duration sign permit must include:

a. A description of the sign indicating the number, size, shape, dimensions, and colors of the sign, and the expected length of time the sign will be displayed;

b. A schematic drawing of the site showing the proposed location of the sign in relation to nearby building and streets;

c. The number of signs on the site.

D. Installation and Maintenance.

1. All limited duration signs must be installed such that in the opinion of the Queenstown

building official, they do not create a safety hazard.

2. All limited duration signs must be made of durable materials and shall be wellmaintained.

3. Limited duration signs that are frayed, torn, broken, or that are no longer legible will be

deemed unmaintained and required to be removed.

E. Illumination: Illumination of any limited duration sign is prohibited.

§ 132. Freestanding Institutional Sign.

In addition to the exempt signs described in § 127, the following numbers and types of signs may be erected for institutional uses including non-project emergency services organizations, schools, religious institutions, municipal buildings, hospitals, fraternal organizations and clubs, or permitted uses of a similar nature.

A. One freestanding public sign of a permanent nature giving the name and activities of a church, school, or similar institution, may be permitted on a site.

B. Such sign shall have a maximum area of thirty-two (32) sq. ft. and may not exceed a height of six (6) feet above grade.

C. Illumination.

1. Internal illumination

2. Message center sign

270 Queenstown Zoning Ordinance Introduced 10.24.18 § 133. Banners.

Banners shall be permitted only upon approval of the Zoning Administrator.

A. Shall not exceed sixty (60) sq. ft. in area.

B. Shall remain in place no longer than thirty (30) days.

C. Banners shall hang at a height no greater than 24 feet.

D. No organization or individual shall be permitted a banner more than four (4) times per year.

§ 134. Portable Signs A. General Provisions.

1. Illumination: Illumination of any portable sign is prohibited.

2. Hours of Display.

a. Signs shall not be displayed on any premises before 6:00 AM and shall be removed each day at or before 10:00 PM. However, all portable signs must be taken in during hours of non-operation of the business being advertised.

b. All portable signs must be taken in during inclement weather.

B. Sandwich Board or A-frame Signs. Sandwich board signs that comply with the requirements in this sub-section shall not be included in the determination of the type, number, or area of signs allowed on a property.

1. Number: One (1) sandwich board sign is permitted per establishment. For the purposes of

this subsection, a parking garage or parking lot shall be considered an establishment.

2. Area: Each sign shall have a maximum area of seven (7) sq. ft. per sign face.

3. Height: Signs shall have a maximum height of three and one-half (3.5) feet.

4. Sign Placement.

271 Queenstown Zoning Ordinance Introduced 10.24.18 a. If a sign is located on a public or private sidewalk, a minimum of 36 inches of unobstructed sidewalk clearance must be maintained between the sign and any building or other obstruction.

b. The sign must be located on the premises, and within twelve (12) feet of the primary public entrance, of the establishment it advertises.

c. Portable signs shall be weighted, temporarily secured, or strategically placed so as to avoid being carried away by high winds.

5. Manual Changeable Copy.

a. Manual changeable copy signs are permitted when integrated into a sandwich board sign.

b. Commercial messages must advertise only goods and services available on the premises.

C. Vehicular Signs: Vehicular signs are not permitted.

§ 135. Signs Permitted in the R-1 and R-2 Residential districts.

A. In addition to the exempt signs described in § 127 the following numbers and types of signs may be erected in the R-1, R-2, and PN districts, subject to the conditions specified here and in § 125.

1. Any temporary sign as defined and regulated in § 130.

2. Any limited duration sign as defined and regulated in § 131.

3. Institutional signs permitted in § 132.

4. Home occupation signs. An unilluminated on-premises home occupation sign shall be

limited to one sign per dwelling unit or principal use and shall not exceed three (3) square feet, provided the property owner has obtained a certificate of use.

5. Freestanding signs for residential developments, apartment buildings containing more

than ten (10) units or an institutional use shall be permitted subject to the following regulations.

a. Number: one (1) sign per street frontage.

272 Queenstown Zoning Ordinance Introduced 10.24.18 b. Area: each sign shall have a maximum area of 25 sq. ft. per sign face.

c. Height: signs shall have a maximum height of eight (8) feet.

d. Illumination: external B. Summary table of permitted signs:

Signs Permitted in the R-1 and R-2 Residential districts Type Max Free Size (sq. Windo standin Illumination ft.) Number Wall w g Permitted Permitted without permit Directional signs 2 unspecified x x Signs posted as warnings 2 unspecified x x Construction signs 16 4 x x Security/emergency contact signs 2 unspecified x x x Memorial plaques * unspecified x Personal expression signs 3 2 x x x Address signs 4 2 x x

per Private drive signs 2 driveway x Flags 24 2 x Holiday and seasonal decorations NA NA x x x Vending machine signs NA NA Incidental signs** NA NA x x x Art and murals NA NA x Temporary Sign 16 NA x x x Permit required Limited Duration Signs

- Large 24 1

- Small 12 1 x x x

Public Institutional Sign 32 1 x x Home occupation signs 3 1 x x x Residential developments, 1 sign per apartment buildings 25 street 273 Queenstown Zoning Ordinance Introduced 10.24.18 Signs Permitted in the R-1 and R-2 Residential districts Type Max Free Size (sq. Windo standin Illumination ft.) Number Wall w g Permitted frontage

* cut or carved into a masonry surface made an integral part of the building structure

** A sign, generally informational, that has a purpose secondary to the use of the property on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the property on which the sign is located shall be considered incidental.

§ 136. Signs Permitted in the TC Town Center district.

In addition to the exempt signs described in § 127 the following numbers and types of signs may be erected in the TC Town Center district, subject to the conditions specified here and in § 125.

A. Any temporary sign as defined and regulated in § 130.

B. Any limited duration sign as defined and regulated in § 131.

C. Institutional signs permitted in § 132.

D. Any sign permitted in the R-1 and R-2 districts, for the appropriate uses, as defined and regulated in § 135.

E. One sign not to exceed four (4) square feet in area in conjunction with an accessary use which shall not count against the total permitted sign area.

F. Total area of all wall, awning/canopy, and projecting signs shall be limited to ten (10) square feet per ten (10) linear foot of public street frontage subject to a maximum sign area limitation of fifty (50) square feet.

G. Wall signs for non-residential uses shall be permitted subject to the following regulations.

1. Number: One (1) sign per tenant per street frontage, up to a maximum of two (2) signs

per tenant. Where a property has entrances facing both a street and a parking lot, an additional sign is permitted to face the parking lot.

2. Area: No single wall sign shall exceed 24 sq. ft. in area.

274 Queenstown Zoning Ordinance Introduced 10.24.18

3. Height: Signs shall have a maximum height equal to the eaveline or the bottom of the

second story window sill, whichever is lower.

4. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. External illumination, lit from above b. Halo illumination or back-lit letters c. Neon lighting H. Awning or canopy signs for non-residential uses shall be permitted subject to the following regulations.

1. Height: Signs shall have a maximum height equal to the eaveline or the bottom of the

second story window sill, whichever is lower.

2. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. External illumination, lit from above.

I. Projecting signs for non-residential uses shall be permitted subject to the following regulations.

1. Number: One (1) sign per ground floor establishment, plus one (1) sign per building

entrance serving one or more commercial tenants without a ground floor entrance.

2. Area: Each sign shall have a maximum area of twelve (12) sq. ft. per sign face.

3. Height: Signs shall have a maximum height equal to the eaveline or the bottom of the

second story window sill, whichever is lower.

4. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. External illumination, lit from above b. Neon lighting J. Any portable sign as defined and regulated in § 134.

275 Queenstown Zoning Ordinance Introduced 10.24.18 K. Banners are permitted when approved by the Zoning Administrator.

L. Summary table of permitted signs:

Signs Permitted in the TC Town Center district Type Awning or Max. Size Freest Canopy Illumination (sq. ft.) Number Wall Window standing Projecting Sign Permitted Permitted without permit Directional signs 2 unspecified x x Signs posted as 2 unspecified x x warnings Construction signs 16 4 x x Security/emergency 2 unspecified x x x contact signs Memorial plaques * unspecified x Personal expression 3 2 x x x

signs Address signs 4 2 x x Private drive signs 2 per driveway Flags 24 2 x Holiday and NA NA x x x seasonal decorations Vending machine NA NA signs Incidental signs NA NA x x x Art and murals NA NA x Temporary Sign 16 NA x x x Permit required Limited Duration Signs

- Large 16 1

- Small 6 1 x x x

Public 32 x x Institutional Sign Banners 60 1 x 276 Queenstown Zoning Ordinance Introduced 10.24.18 Signs Permitted in the TC Town Center district Type Awning or Max. Size Freest Canopy Illumination (sq. ft.) Number Wall Window standing P rojecting S ign P ermitted Accessory use 4 1 x x x General Signage 50 x x x X x x

- Wall 24 1 per tenant, x

max 2

- Awning or unspecified unspecified

canopy

- Projecting sign 12 1 sign per X x

ground floor establishment

- Portable sign 7 1

§ 137. Signs Permitted in the HC Highway Commercial, QRD Queenstown Resort Development, RC Regional Commercial and I Industrial districts.

Except as noted below, the following numbers and types of signs may be erected in the HC, RC, QRD and I districts.

A. Any sign permitted in R-1 and R-2 districts, for the appropriate uses, as defined and regulated in § 135.

B. Any portable sign as defined and regulated in § 134.

C. The total area of all wall, awning/canopy, and projecting signs for non-residential uses shall be limited to one and a half (1.5) square feet per one (1) linear foot of building frontage that faces a public street or parking lot, subject to maximum size limitations based on sign type.

E. Wall signs for non-residential uses shall be permitted subject to the following regulations.

1. Number: One (1) sign per tenant per street frontage, up to a maximum of two (2) signs

per tenant. Where a store has entrances facing both a street and a parking lot, a second sign is permitted to face the parking lot.

2. Area: Each sign shall have a maximum area of 32 sq. ft. per sign face.

3. Height: Signs shall have a maximum height equal to the eaveline.

277 Queenstown Zoning Ordinance Introduced 10.24.18

4. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. Internal illumination b. External illumination, lit from above c. Halo illumination or back-lit letters d. Neon lighting F. Awning or canopy signs for non-residential uses shall be permitted subject to the following regulations.

1. Height: Signs shall have a maximum height equal to the eaveline.

2. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. External illumination, lit from above G. Projecting signs for non-residential uses shall be permitted subject to the following regulations.

1. Number: One (1) sign per ground floor establishment, plus one (1) sign per building

entrance serving one or more commercial tenants without a ground floor entrance.

2. Area: Each sign shall have a maximum area of twenty (20) sq. ft. per sign face.

3. Height: Signs shall have a maximum height equal to the eaveline.

4. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. External illumination, lit from above b. Neon lighting H. Window signs for non-residential uses shall be permitted subject to the following regulations.

1. Area: A maximum of 25% of the total window area of any single storefront may be used

for permanent signs that are etched, painted, or permanently affixed to the window. A 278 Queenstown Zoning Ordinance Introduced 10.24.18 maximum of 35% of the total window area of any single storefront may be covered by a combination of permanent and temporary window signs.

2. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. Neon lighting I. Marquee signs for non-residential uses shall be permitted subject to the following regulations.

1. Number: One (1) marquee sign per building.

2. Area: The total area of signs on a single marquee structure shall not exceed 200 sq. ft. in

area.

3. Height: Signs shall have a maximum height equal to the eaveline.

4. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. Internal illumination b. Message center sign c. Digital display J. In addition to building signs, freestanding signs for non-residential uses shall be permitted subject to the following regulations.

1. Number: One (1) sign per street frontage, up to two (2) signs per property held in single

and separate ownership.

a. For permitted gas stations, one (1) additional freestanding sign per street frontage shall be permitted for the advertising of gas prices and identification of the gas station only, up to two (2) additional signs per property.

b. For permitted drive-through establishments, one (1) additional freestanding sign shall be permitted for the advertising items for sale to users of the drive-through lane only.

2. Area: Each sign shall have a maximum area of 50 sq. ft. plus an additional 10 sq. ft. per

tenant up to a maximum of 100 sq. ft.

279 Queenstown Zoning Ordinance Introduced 10.24.18

3. Height: Signs shall have a maximum height of 20 ft.

4. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. Internal illumination b. Message center sign c. Digital display K. Upper-level building identification signs shall be permitted subject to the following regulations.

1. Number: One (1) sign per building.

2. Area: Each sign shall have a maximum area of 200 sq. ft.

3. Height: Signs shall have a maximum height of ten (10) feet and shall not extend

vertically beyond the eaveline.

4. Location: Signs shall be limited to buildings at least three (3) stories in height and shall

be located only on the top floor of such buildings.

5. Illumination: The following illumination types shall be permitted subject to the

regulations in § 129.

a. Internal illumination L. Summary table of permitted signs:

Signs Permitted in the HC Highway Commercial, QRD Queenstown Resort Development, RC Regional Commercial and I Industrial districts Type Awning or Max Size Free Marquee Canopy Illumination (sq. ft.) Number Wall Window standing Projecting Sign Sign Permitted Permitted without permit Directional signs 2 unspecified x x Signs posted as warnings 2 unspecified x x Construction signs 16 4 x x 280 Queenstown Zoning Ordinance

Introduced 10.24.18 Signs Permitted in the HC Highway Commercial, QRD Queenstown Resort Development, RC Regional Commercial and I Industrial districts Type Awning or Max Size Free Marquee Canopy Illumination (sq. ft.) Number Wall Window standing Projecting Sign Sign Permitted Security/emergency contact signs 2 unspecified x x x Memorial plaques * unspecified x Personal expression signs 3 2 x x x Address signs 4 2 x x

per Private drive signs 2 driveway x Flags 24 2 x Holiday and seasonal decorations NA NA x x x Vending machine signs NA NA Incidental signs NA NA x x x Art and murals NA NA x Temporary Sign 16 NA x x x Permit required Limited Duration Signs

- Large 16 1

- Small 6 1 x x x

Public Institutional Sign 32 x x Accessory use 12 1 x x Approved special exception 36 1 1 per Wall sign 32 tenant x x Awning or canopy signs unspecified unspecified X 1 per first Projecting sign 20 floor use * X 25% of the total window Window signs area unspecified Marquee sign 200 1 per X 281 Queenstown Zoning Ordinance Introduced 10.24.18 Signs Permitted in the HC Highway Commercial, QRD Queenstown Resort Development, RC Regional Commercial and I

Industrial districts Type Awning or Max Size Free Marquee Canopy Illumination (sq. ft.) Number Wall Window standing Projecting Sign Sign Permitted building 1 per street Freestanding sign 50/100 frontage ** X Plus gas station 50 X Plus drive-through establishment 50 X Upper-level building 1 per 1 identification 200 building

* Plus 1 per building entrance serving one or more commercial tenants without a ground floor entrance

** Up to 2 signs per property held in single and separate ownership plus an additional 10 sq. ft. per tenant up to a maximum of 100 sq. ft.

§ 138. Signs Permitted in the CS Queenstown Countryside district.

Signs permitted in the CS zone shall be limited to the following:

A. Any temporary sign as defined and regulated in §130.

B. Any limited duration sign as defined and regulated in § 131.

C. Any sign permitted in the R-1 and R-2 districts, for the appropriate uses, as defined and regulated in § 135.

D. One free-standing sign, with or without illumination, not to exceed twenty-five (25) square feet of area for each ten (10) linear feet of highway frontage; however, such sign shall not exceed one-hundred fifty (150) square feet in area. This sign shall be located at least seventyfive (75) feet from any other sign.

§ 139. Signs Permitted in RPC Planned Regional Commercial Floating Zone district.

Signs permitted in the RPC district shall be limited to the following:

282 Queenstown Zoning Ordinance Introduced 10.24.18 A. Sign standards for RPC Regional Planned Commercial floating zone district shall be same as standards provided in § 137.

B. The Planning Commission may allow modified standards for signs in the RPC Planned Regional Commercial district if included in a master signage plan approved as part of a master plan approved for the project as provided in § 26.

§ 140. Signs Permitted in PN Planned Neighborhood Floating Zone district.

Sign standards for PN Planned Neighborhood Floating Zone district shall be as follows:

A. Single-Family Residential Areas (SRA), Conservation Areas (CA) and Central Residential Areas (CRA) – all signs permitted in § 135.

B. Neighborhood Center Area (NCA) – all sign permitted in the TC Town Center district.

C. The Planning Commission may allow modified standards for signs in the PN Planned Neighborhood district if included in a master signage plan approved as part of a master plan approved for the project as provided in § 26.

§ 141. Removal of Unsafe, Unlawful, or Abandoned Signs.

A. Unsafe or Unlawful Signs.

1. Upon written notice by Queenstown, the owner, person, or firm maintaining a sign shall

remove the sign when it becomes unsafe, is in danger of falling, or it becomes so deteriorated that it no longer serves a useful purpose of communication, or it is determined by Queenstown to be a nuisance, or it is deemed unsafe by Queenstown, or it is unlawfully erected in violation of any of the provisions of this Article.

2. Queenstown may remove or cause to be removed the sign at the expense of the owner

and/or lessee in the event of the owner of the person or firm maintaining the sign has not complied with the terms of the notice within thirty (30) days of the date of the notice. In the event of immediate danger, Queenstown may remove the sign immediately upon the issuance of notice to the owner, person, or firm maintaining the sign.

B. Abandoned Signs.

1. It shall be the responsibility of the owner of any property upon which an abandoned sign

is located to remove such sign within 180 days of the sign becoming abandoned as 283 Queenstown Zoning Ordinance Introduced 10.24.18 defined in this section. Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure, and structural trim.

2. Where the owner of the property on which an abandoned sign is located fails to remove

such sign in 180 days the Queenstown may remove such sign. Any expense directly incurred in the removal of such sign shall be charged to the owner of the property. Where the owner fails to pay, Queenstown may file a lien upon the property for the purpose of recovering all reasonable costs associated with the removal of the sign.

§ 142. Permits and Applications.

A. It shall be unlawful for any person, firm, or corporation to erect, alter, repair, or relocate any sign within Queenstown without first obtaining a sign permit, unless the sign is specifically exempt from the permit requirements as outlined in § 127.

B. In order to apply for a sign permit, the applicant must provide the following information, in writing, to Queenstown:

1. Name of organization and location.

2. Name, address, and telephone number of the property owner, and the signature of the

property owner or duly authorized agent for the owner.

3. Contact person and contact information.

4. Description of the activities occurring on the site where the sign will be installed.

5. Description of any existing signage that will remain on the site.

6. Identification of the type of sign(s) to be erected by the applicant.

7. Site plan depicting the locations of proposed signage and existing remaining signage.

8. Two copies of a plan drawn to scale depicting:

a. Lot dimensions, building frontage, and existing cartways, rights-of-way and driveways.

b. The design of each sign face and sign structure, including dimensions, total area, sign height, depth, color scheme, structural details, materials, lighting scheme and proposed location.

284 Queenstown Zoning Ordinance Introduced 10.24.18 c. Building elevations, existing and proposed facades, parapet walls, eaveline and the location and size of all proposed and existing permanent signage.

d. Current photographs showing existing signs on the premises and certifying the date on which photographs were taken.

C. These permits shall not expire provided that such signs are not abandoned or destroyed. In the instance that substantial repair or replacement becomes necessary (i.e., repairs that costs more than 50% of the replacement cost of the damaged sign); the organization must apply for a new sign permit, and pay an additional fee, if required.

§ 143. Nonconforming Signs.

A. Signs legally in existence at the time of the adoption of this Ordinance, which do not conform to the requirements of this Ordinance, shall be considered nonconforming signs.

B. All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs:

1. The sign is removed, relocated, or significantly altered. Significant alterations include

changes in the size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration.

2. If more than 50% of the sign area is damaged, it shall be repaired to conform to this

Ordinance.

3. An alteration in the structure of a sign support.

4. A change in the mechanical facilities or type of illumination.

5. A change in the material of the sign face.

6. The property on which the nonconforming sign is located submits a subdivision or land

development application requiring municipal review and approval.

7. The property on which the nonconforming sign is located undergoes a change of land use

requiring the issuance of either a use and occupancy permit or a change of use and occupancy permit by Queenstown.

C. To determine the legal status of existing signs in each of the cases listed in §B, the applicant shall submit the following information to the Queenstown Zoning Officer:

285 Queenstown Zoning Ordinance Introduced 10.24.18

1. Type(s) of existing sign(s) located on the property.

2. The area and height of all signs.

3. For freestanding signs, the distance between the curbline or shoulder and the nearest

portion of the sign.

4. Type of sign illumination.

5. The material of which the sign is constructed.

6. The building frontage.

D. Prior to the events listed in §B., nonconforming signs may be repainted or repaired up to 50% of the replacement cost of the sign, the sign copy may be changed, and sign faces may be replaced provided that these actions do not increase the dimensions of the existing sign, and do not in any way increase the extent of the sign’s non-conformity.

E. All nonconforming temporary signs, portable signs, and banners must be permanently removed within 90 days of the effective date of this Article, unless specific approval is granted as provided for herein.

§ 144. Signs on the Premises of Legally Nonconforming Uses.

A. Signs on the premises of legally nonconforming uses (such as an office in a residential area) may remain until the existing use of the premises is discontinued.

B. If a sign wears out or is damaged (including rust, faded colors, discoloration, holes, or missing parts or informational items), or is changed for any other reason, the number, size, and area of all signs relating to the premises shall not be increased beyond the characteristics of the sign or signs that existed on that property at the time this Article was adopted.

§ 145. Substitution Clause.

Notwithstanding any provision of this Ordinance to the contrary, to the extent that this Ordinance allows a sign containing commercial copy, it shall allow a non-commercial sign to the same extent. The noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as

286 Queenstown Zoning Ordinance Introduced 10.24.18 frequently as desired by the sign’s owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this Ordinance.

§ 146. Violations.

A. The placement of a sign that requires a sign permit without a sign permit shall be unlawful.

B. Violations shall be subject to the provisions of Article XIII.

§ 147. Site Lighting Standards.

A. Purpose. The purpose of this section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source.

With respect to motor vehicles in particular, safety considerations are the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public street lighting.

B. Site lighting shall be of low-intensity from a concealed source, shall be of a clear white light which does not distort colors and shall not spill over into adjoining properties, buffers, roadways, or in any way interfere with the vision of oncoming motorists.

C. Exemption for specified outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts are exempted from the exterior lighting standards of Subsection B above upon satisfying the Planning Commission during a site plan review that the site plan indicates that these outdoor recreational uses meet all other requirements of this section and of this

Ordinance and the following conditions:

1. The outdoor recreational uses specified above shall not exceed a maximum permitted

post height of forty (40) feet.

2. The outdoor recreational uses specified above may exceed a total cutoff angle of ninety

(90) degrees, provided that the luminaire is shielded in either its orientation or by a

landscaped buffer to prevent light and glare spill-over to adjacent residential property.

The maximum permitted illumination at the interior buffer line shall not exceed 2 foot candles.

D. Additional regulations. Notwithstanding any other provision of this section to the contrary:

287 Queenstown Zoning Ordinance Introduced 10.24.18

1. No flickering or flashing lights shall be permitted.

2. Light sources or luminaires shall not be located within bufferyard areas except on

pedestrian walkways.

E. Exterior lighting plan. At the time any exterior light is installed or substantially modified, and whenever a Zoning Certificate is sought, an exterior lighting plan shall be submitted to the Town in order to determine whether the requirements of this section have been met and that adjoining property will not be adversely impacted by the proposed lighting.

F. Photometric plans shall be required for all proposed commercial and industrial uses requiring site plan approval. Illumination levels attributable to a parking lot lighting system shall not exceed 0.5 horizontal footcandle at the property line when adjacent to a residential zoning district.

288 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE XII. ZONING ADMINISTRATOR AND PERMITS

§ 148. Administration and Enforcement.

A. The Town shall designate a person to act as Zoning Administrator.

B. It shall be the duty of the Zoning Administrator to administer and cause the enforcement of the provisions of this Chapter.

C. All departments, officials, and public employees of the Town of Queenstown, which are vested with the authority to issue permits or licenses shall conform to the provisions of this Chapter and shall not issue any or license for any use, building, structure or purpose which would be in conflict with the provisions of this Chapter.

D. Any permit or license issued in conflict with the provisions of the Chapter shall be null and void.

E. If the Zoning Administrator finds that any of the provisions of this Chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it.

F. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, and structures; the removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by this Chapter to insure compliance with or to prevent violation of its provisions. Non-conforming uses and structures approved in accordance

with the provisions of this Chapter, and conditions grandfathered by this Chapter are excluded from this provision.

§ 149. Building Permit Required.

A. No building or other structure shall be erected, moved, added to, or structurally altered, or use of land be changed without a zoning certificate (certificate of approval) therefore, issued by the Planning Commission except as follows:

1. The Town Clerk or the Town Assistant Clerk, acting in his or her capacity as the

Zoning Administrator, or the Town’s designated building inspector, shall have the authority to approve and issue building permits and/or zoning certificates for the following uses and structures:

289 Queenstown Zoning Ordinance Introduced 10.24.18 a. Single family residences and permitted accessory structures that comply with the standards of the applicable zoning district. By way of example and not by limitation, such structures include, but are not limited to:

(1) Single family dwelling and additions to single family dwellings

that comply with all of the applicable setbacks on conforming lots of record.

(2) Duplexes that have been approved as part of a subdivision or site

plan.

(3) Accessory structures such as a shed, garage, deck, pool, fence,

HVAC equipment, etc.

2. Notwithstanding the delegation of authority set forth in Section 1 above, such

delegation of authority shall not apply to any structure or use which (i) requires a special exception or variance, (ii) requires site plan approval; or (iii) are located in the Critical Area. Where the use or structure requires a special exception or variance, site plan approval or is located in the Critical Area, the application for a zoning certificate shall be reviewed by the Planning Commission in accordance

with the Queenstown Zoning Ordinance, as amended from time to time, and any other regulations or policies promulgated by the Queenstown Planning Commission.

3. No zoning certificate shall be issued except in conformity with the provisions of

this Zoning Chapter, except after written order from the Board of Appeals.

B. No building or other structure shall be erected, nor shall any existing building or structure be moved, added to, enlarged, or structurally altered, and no excavation for any building or other structure shall begin without the issuance of a building permit. When issued, such permit shall be valid for a period of six (6) months.

C. No building permit shall be issued except in conformity with the provisions of this Chapter, except after written orders from the Board of Appeals.

§ 150. Application for Building Permit.

A. All applications for a building permit shall be accompanied by a site plan in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the 290 Queenstown Zoning Ordinance Introduced 10.24.18 exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration.

B. The Zoning Administrator shall furnish one copy of the application to the Town Commissioners for their information, and to the Critical Area Commission, if applicable.

C. The application shall include such other information as lawfully may be required by the Zoning Administrator, including existing or proposed building or alteration; Critical Area Land Use Classification, existing or proposed uses of the building and land; the number is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this

Chapter.

D. One copy of the plans shall be returned the applicant by the Zoning Administrator, after he shall have such copy either as approved or disapproved and attested to the same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the Zoning Administrator § 151. Expiration of Building Permit.

A. If the work described in any building permit has not begun within six months from the date of issuance thereof, said permit shall expire. It shall be canceled by the Zoning Administrator and written notice thereof shall be given the persons affected.

B. If the work described in any building permit has not been completed within one year of the date of issuance, said permit shall expire and be canceled by the Zoning Administrator, and written notice hereof shall be given to the persons affected, together with notice that further work, as described in the canceled permit, shall not proceed unless and until a new building permit has been obtained.

C. Subject to the provisions of the following paragraphs, no renewal of an existing building permit shall be granted after the expiration of one year from the date of issuance of the original permit unless reasonable progress shall have been made toward the completion of the construction or work described in the permit and related plans.

1. Reasonable progress, for the purpose of this section, is defined as

completion of all exterior work authorized or necessary under the original building permit, so that the exterior of the structure and the yard area shall present a finished appearance, free of debris and construction materials, and shall not detract from the value of 291 Queenstown Zoning Ordinance Introduced 10.24.18 surrounding properties, or present health or safety issues.

2. If the Applicant fails to demonstrate reasonable progress as defined

herein, the Zoning Administrator may grant a renewal only in the case of extraordinary and bona-fide hardship.

3. Any denial or issuance of a renewal under this section shall be

reviewable by the Board of Appeals, which shall have the authority to reverse, affirm, or modify the decision of the Zoning Administrator based upon verified evidence presented at a public hearing. The Board of Appeals shall have the authority to impose reasonable conditions upon the issuance of any renewal permit, including a performance or completion bond secured by corporate surety. The Board’s authority under this section is not limited by

any other provision of this ordinance.

D. After issuance of a building permit, failure to comply with the conditions of the building permit, or failure to strictly comply with the provisions of this Ordinance, including completion within the time allowed, shall be considered a municipal infraction and shall be subject to the provisions of § 159 of this ordinance.

§ 152. Occupancy Permits for New or Altered Uses.

A, It shall be unlawful to use or occupy or allow the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until an occupancy permit shall have been issued therefor by the Zoning Administrator, stating that the proposed use of the building or land conforms to the requirements of this Chapter.

B. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for an occupancy permit. The permit shall be issued in conformity with the provisions of this Chapter upon completion of work.

C. A temporary occupancy permit may be issued by the Zoning Administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.

D. The Zoning Administrator shall maintain a record of all occupancy permits and copies shall be furnished upon request to any person.

292 Queenstown Zoning Ordinance Introduced 10.24.18 E. Failure to obtain an occupancy permit shall be a violation of this Chapter and punishable under Article XIII of this Chapter.

§ 153. Drawings and plats.

A. All applications for zoning certificate or building permits shall be accompanied by a drawing containing the information shown in Appendix A or plat, in duplicate or as required by the Town Administrator.

B. The drawings shall contain suitable notations indicating the proposed use of all land and buildings. A careful record of the original copy of such applications and plats shall be kept in the office of the Administrator, and a duplicate copy shall be kept at the building at all times during construction.

§ 154. Site Plan Review and Approval.

A. Prior to issuing a zoning certificate or building permit for construction, expansion or change in use, a site plan and supporting documentation shall be submitted to the Planning Commission for its review and approval. For complex or large projects the applicant may submit a Preliminary Site Plan to the Planning Commission in order to get feedback from the Planning Commission that will facilitate the review and approval of

the Final Site Plan.

B. The purpose of major site plans is to assure detailed compliance with applicable provisions of enacted regulations and to prescribe standards for the design and construction of site improvements. Development requiring site plan approval shall be permitted only in accordance with all specifications contained on an approved site plan, and shall not be undertaken until the site plan is approved and all required construction

permits have been obtained subsequent to such approval.

C. Applicability. All development or land use activities within the Town shall require site plan review before being undertaken, except the following:

1. Construction or expansion of a single one family dwelling and ordinary accessory

structures, and related land use activities.

2. Landscaping or grading which is not intended to be used in connection with a land

use reviewable under the provisions of this Zoning Chapter.

293 Queenstown Zoning Ordinance Introduced 10.24.18

3. Ordinary repair or maintenance or interior alterations to existing structures or

uses.

4. Exterior alterations or additions to existing structures which would not increase

the square footage of the existing structure by more than 500 square feet or have a cost value of less than $10,000.00.

5. Agricultural or gardening uses.

6. All signs except in conjunction with new development.

D. Site plan applications shall include the information listed in Appendix A for preliminary and final site plans. The Planning Commission may at its discretion waive any information or preliminary requirements which are not relevant to the proposed use and site.

E. The Planning Commission's review of the preliminary site plan shall include, but is not limited to the following considerations:

1. Adequacy and arrangement of vehicular traffic access and circulation, including

emergency vehicle access.

2. Location, arrangement, appearance and sufficiency of off-street parking and

loading.

3. Location, arrangement, size and design of buildings, lighting and signs.

4. Relationship of the various uses to one another and their scale.

5. Adequacy, type and arrangement of trees, shrubs and other landscaping

constituting a visual and noise buffer between adjacent uses and adjoining lands.

6. Adequacy of storm water and sanitary waste disposal.

7. Adequacy of structures, roadways and landscaping in areas susceptible to

flooding and ponding or erosion.

8. Compatibility of development with natural features of the site and with

surrounding land uses.

294 Queenstown Zoning Ordinance Introduced 10.24.18

9. Adequacy of flood proofing and flood prevention measures consistent with the

flood hazard prevention regulations of the Federal Emergency Management Agency.

10. Adequacy of open space for play areas, informal recreation and the retention of

natural areas such as wildlife habitats, wetlands and wooded areas.

11. Adequacy of pedestrian access.

F. The Planning Commission may require additional information which appears necessary for a complete assessment of the project.

G. Major site plans shall be prepared and certified by an engineer, architect, landscape architect, or land surveyor duly registered to practice in the State of Maryland.

H. Upon receipt of the major site plan, the Planning Commission shall review the site plan, soliciting comments from other departments, agencies, and officials as may appropriate.

The site plan shall be approved if it meets the requirements of this section, Appendix A, other requirements of this Zoning Chapter and all other Federal, State, and County regulations. Notice of approval or disapproval of the site plan shall be given in writing to the applicant and shall specify all reasons for disapproval.

I. Construction of required improvements.

1. Upon approval of a site plan, the applicant shall then secure the necessary

construction permits from appropriate agencies before commencing work. The applicant may construct only such improvements as have been approved by the Planning Commission or appropriate Town review and approval agencies.

2. The Town may require inspection of the resulting improvements after

construction has been completed.

J. Expiration and Extension

1. Approval of site plans shall be for a two (2) year period and shall expire at the end

of such period unless building construction has begun.

2. Upon written request by the applicant, within thirty (30) days prior to the

expiration of said approval, a one (1) year extension may be given by the Planning Commission.

295 Queenstown Zoning Ordinance Introduced 10.24.18

3. Such request shall be acknowledged and a decision rendered thereon not more

than thirty (30) days after filing of said request.

§ 155. Construction and Use.

Building permits and occupancy permits issued on the basis of site plans and applications approved by the Zoning Administrator, authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction.

§ 156. Reserved 296 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE XIII. VIOLATIONS, ENFORCEMENT AND PENALTIES

§ 157. Violations.

Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor.

§ 158. Complaints.

A. Whenever a violation of this Chapter occurs or is alleged to have occurred, any person may file a written complaint.

B. Such complaint, stating fully the causes and basis thereof, shall be filed with the Zoning Administrator. The Zoning Administrator shall record such complaint, immediately investigate, and take action thereon as provided by this Chapter.

C. Any violation of this Chapter may be enforced as a “municipal infraction” by the Zoning Administrator in addition to any other enforcement procedures or penalties herein invoked.

§ 159. Penalties.

A. Any person who violates this Chapter or fails to comply with any of its requirements, shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 30 days, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

B. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participated in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

C. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 160. Critical Area Program Enforcement.

Violations in the Critical Area shall be addressed as provided in § 38 of this Chapter.

297 Queenstown Zoning Ordinance Introduced 10.24.18 § 161. Reserved.

298 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE XIV. NON-CONFORMING USES

§ 162. General.

A. A non-conforming use is any existing use, whether of a tract of land or of a structure, which does not conform to use regulations of the District in which it is located, either on the effective date of these regulations or as a result of any subsequent amendment hereto.

B. Any existing use of either land or structure that is conforming in use shall not be deemed non-conforming solely because of the existence of less than the required off-street parking spaces or loading spaces, or the existence of non-conforming signs.

C. Any structure that is conforming in use but does not conform to the setback, height, coverage, parking, loading or other design requirements for the district wherein it is located, shall not be considered to be non-conforming within the meaning of this Chapter.

§ 163. Authority to Continue Non-conforming Uses.

Any non-conforming use or structure that existed lawfully at the time of the adoption of this Chapter, and that remains non-conforming upon the adoption of this Chapter, or any subsequent amendment thereof, may be continued as consistent with the previous regulations.

§ 164. Completion of Non-conforming Uses and Structures.

A. Nothing in this Chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Chapter, and upon which actual building construction has been diligently carried on.

B. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

§ 165. Non-Conforming Lots of Record.

299 Queenstown Zoning Ordinance Introduced 10.24.18 A. In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record of the effective date of adoption or amendment of this Chapter. Such lot must be in separate ownership and not

of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or both, that are generally applicable in the zone, provided that yard dimensions shall conform to the regulations for the zone in which the lot is located. Any variance of yard requirements shall be obtained only through action of the Board of Appeals.

B. If two or more lots, or combinations of lots, and portions of lots with continuous frontage in single ownership are of record at the time of adoption or amendment of this Chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by the Chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this Chapter, and no portions of said parcel shall be used or

sold which does not meet lot width and area requirements established by this Chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Chapter.

§ 166. Non-Conforming Uses of Land.

Where, at the effective date of adoption or amendment of this Chapter, lawful use of land exists that is made no longer permissible under the terms of this Chapter as enacted or amended, such use may be continued, subject to the provisions of § 169 of this section and subject to the following:

A. If any non-conforming use of land or any portion thereof, ceases for any reason for a continuous period of more than one year or is changed to a conforming use. Any subsequent use of the land shall be in conformity with the provisions of this Chapter.

B. No non-conforming use of land shall be changed to another non-conforming use.

§ 167. Non-Conforming Structures.

Where a structure exists at the effective date of adoption or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure, or its location on the lot, such structure may be continued subject to § 169 of this section subject to the following provisions:

300 Queenstown Zoning Ordinance Introduced 10.24.18 A No such structure may be enlarged or altered in a way which increases its nonconformity, except as hereinafter provided in § 172.

B. Should any non-conforming structure be destroyed by fire, flood or other calamity, it may be restored or rebuilt, and the non-conforming condition continued as a matter of right, to the same size and dimensions and in the same location as the destroyed structure on the same lot; provided that a building permit is applied for within one (1) year from the date upon which the structure was destroyed, and the work completed within the time frame

established under § 151 of this Chapter.

C. Nothing contained herein shall be deemed to permit the intentional destruction and reconstruction of any non-conforming structure by the owner or occupant of said structure.

D. Should such structure be moved for any reason for any distance whatever, it shall at its new location conform to the regulations for the zone in which it is located after it is moved.

§ 168. Non-Conforming Uses of Structures.

If a lawful use of a structure or of structure and premises in combination, exists at the effective date of adoption or amendment of this Chapter that would not be allowed in the zone under the terms of this Chapter, the lawful use may be continued, subject to § 169 of this section and subject to the following provisions:

A. Except as hereinafter provided in § 172, no existing structure except dwellings, the use of which does not conform to the use regulations for the District in which it is situated, shall be enlarged, extended, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located.

B. If no structural alterations are made, any non-conforming use of a structure may be changed to another non-conforming use of the same or of a more restrictive classification.

C. Any structure and land in combination, in or on which a non-conforming use is allowed by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the non-conforming use may not allowed to be resumed.

D. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure, or structure 301 Queenstown Zoning Ordinance Introduced 10.24.18 and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.

E. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

§ 169. Elimination of Certain Non-Conformities.

Certain non-conformities shall be terminated in accordance with the following provisions:

A. Within not more than two (2) years from the effective date of the adoption or amendment of this Chapter by which a use becomes non-conforming, the right to maintain and operate such non-conformities shall cease.

B. Within not more than five (5) years from the effective date of the adoption or amendment of this Chapter all non-conforming signs shall be removed.

C. Removal of a non-conforming mobile home or trailer shall constitute loss of nonconforming status for the site on which said non-conforming mobile home or trailer was located.

§ 170. Repairs and Maintenance.

A. On any structure devoted in whole or in part to any non-conforming use, work may be done on ordinary repairs, on repair or replacement of non-bearing walls, windows, fixtures, wiring or plumbing.

B. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with the public safety, upon order of such official.

§ 171. Uses Under Exception Provisions Not Non-Conforming Uses.

Any use for which a special exception is permitted as provided in this Chapter shall not be deemed a non-conforming use, but shall without further action, be deemed a conforming use in such zone.

302 Queenstown Zoning Ordinance Introduced 10.24.18 § 172. Expansions.

A. A building devoted to a non-conforming use may be expanded and other buildings may be erected in addition thereto for uses necessary and incidental to the continuation of the existing use, provided that such additions and extension are located on the same premises or on an adjoining premises that were under the same ownership on the date such building became non-conforming, and provided the floor areas of such additions and

extensions shall not exceed, in the aggregate, 50% of the total floor area of the existing building devoted to a non-conforming use.

B. Any other building expansion of a non-conforming building or use shall be subject to the Board of Appeals approval.

303 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE XV. BOARD OF APPEALS - APPEALS, VARIANCES, CONDITIONAL

USES AND SPECIAL EXCEPTIONS

Part I. Board Of Appeals

§ 173. Board of Appeals.

A. The Board shall consist of three members appointed by the Town Commissioners.

Members shall be appointed for terms of three years each. Vacancies on the Board shall be filled by appointment for the unexpired term. The Town Commissioners shall designate one alternate member who may be empowered to sit with the Board in the absence of any member of the Board, and the Town Commissioners may also designate a temporary alternate for when the alternate is absent. A member may be removed for

cause, but only upon the filing of written charges and after a public hearing at which the member will be provided an opportunity to refute those charges, followed by a majority vote for removal by the Town Commissioners.

B. The Board shall elect from within its three members a Chairman and an Acting Chairman. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel attendance of witnesses.

C. The Board shall adopt rules for the conduct of its business, such rules to be made available to the public. For the conduct of any hearing, a quorum shall be not less than two (2) members and an affirmative vote of two (2) members of the Board shall be required to overrule any decision, ruling, or determination of the official charged with enforcement of this Zoning Chapter or to approve any conditional use or variance. All

meetings of the Board shall be open to the public.

D. Proceedings

1. The Board shall adopt rules necessary to the conduct of its affairs and in keeping

with the provisions of this Chapter.

2. Meetings shall be held at the call of the Chairman and at such other times as the

Board may determine.

3. The Board of Appeals shall keep minutes of its proceedings, showing the vote of

each member on each question, or if absent, or failing to vote, indicating such 304 Queenstown Zoning Ordinance Introduced 10.24.18 fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed in the office of the Board.

§ 174. Decisions of the Board of Appeals.

A. In exercising its powers, the Board of Appeals may, so long as such action is in conformity with the terms of this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken.

B. The concurring vote of the majority of the members of the Board shall be necessary to reverse the order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in the application of this Chapter.

C. If any application or request is disapproved by the Board, thereafter the Board shall not accept an application for substantially the same proposal, on the same premises, until after one year from the date of such disapproval.

D. If an appeal to the Board is perfected, and the public hearing date set and public notice given, and thereafter the applicant withdraws the appeal, he shall be precluded from filing another application for substantially the same proposal on the same premises for one year from the date of withdrawal.

§ 175. Application procedure; appeals; hearing.

A. Applications for special exceptions uses and variances may be made by any property owner, tenant, government official, department, board, or bureau. Such application shall be made to the Administrator in accordance with rules adopted by the Board. After all fees are paid , the application and accompanying maps, plans or other information shall be transmitted promptly to the Town Clerk, who shall place the matter on the docket,

advertise a public hearing thereon and give written notice of such hearing to the parties in interest. The Town Clerk shall also transmit a copy of the application to the Planning Commission, which may send a recommendation to the Board or appear as a party at the hearing.

B. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the Town affected by any decision of the Zoning Administrator or Planning Commission. Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the Zoning Administrator and with 305 Queenstown Zoning Ordinance Introduced 10.24.18 the Board a notice of appeal, specifying the grounds thereof. The Administrator shall

forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall be not stayed other than by a

restraining order granted by the Board or by a court of record, on application and on notice to the Zoning Administrator and on due cause shown.

C. The Board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within sixty (60) days following the hearing. Upon the hearing, any party may appear in person or by agent or by attorney. Public notice of hearing shall consist of publication at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the

Town, specifying the time, place and nature of the hearing. In addition, the Board shall cause the date, time, place and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the Board. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or

determination as ought to be made and, to that end, shall have all the powers of the Administrator.

D. The Board shall keep minutes of its proceedings and other official actions, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. The Chairman of the Board or, in his absence the Acting Chairman, may administer oaths and compel the

attendance of witnesses.

§ 176. Powers and Duties.

The Board of Appeals shall have the following powers:

A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of this Zoning Chapter.

B. To hear and decide on applications for special exceptions uses upon which the Board is specifically authorized to pass under this Zoning Chapter.

306 Queenstown Zoning Ordinance Introduced 10.24.18 C. To authorize upon appeal in specific cases, such area variances from the terms of this Zoning Chapter as will not be contrary to the public interest where, owing to special conditions, the enforcement of the provisions of this Zoning Chapter will result in practical difficulties and injustices, but which will most nearly accomplish the purpose

and intent of this Zoning Chapter.

§ 177. Stay in Proceedings.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom their appeal is taken certifies to the Board, after the notice of appeal is filed with him, that by facts in the case a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals, or by the Circuit Court on application, following

notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.

§ 178. Lapse of special exception or variance.

After the Board of Appeals has approved a special exception use or granted a variance, the special exception use or variance so approved or granted shall lapse after the expiration of one

(1) year if no substantial construction or change of use has taken place in accordance with the

plans for which such conditional use or variance was granted or if the Board does not specify some longer period than one (1) year for good cause shown, and the provisions of these regulations shall thereafter govern.

§ 179. Amendment of special exception or variance.

The procedure for amendment of a special exception use or variance already approved or a request for a change of conditions attached to an approval shall be the same as for a new application, except that, where the Zoning Administrator determines the change to be minor relative to the original approval, he may transmit the same to the Board with the original record without requiring that a new application be filed.

§ 180. Appeals to courts.

Any person or persons, taxpayer, officer, board, office or department of the Town of Queenstown aggrieved by the decision of the Board of Appeals may seek review by the Circuit Court of such decision, in the manner provided by the laws of Maryland and particularly by the Land Use Article, Subtitle 4, Annotated Code of Maryland.

307 Queenstown Zoning Ordinance Introduced 10.24.18

Part II. Variances

§ 181. Variances.

A. Subject to the provisions of § 181.B of this Article, the Board shall have the power to grant the following variances:

1. A variation in the yard requirements in any district so as to relieve practical

difficulties and injustices in cases when and where, by reason of exceptional narrowness, shallowness or other unusual characteristic of size or shape of a specific piece of property at the time of the enactment of such regulation or restriction or by reason of exceptional topographical conditions or other extraordinary situation or condition of such piece of property or by reason of the use or development of property immediately adjacent thereto, the strict

application of each regulation or restriction would result in peculiar and exceptional practical difficulties to the owner of such property.

2. Such grant of variance shall comply, as nearly as possible, in every respect with

the spirit, intent and purpose of this Zoning Chapter, it being the purpose of this provision to authorize the granting of variation only for reasons of demonstrable and exceptional practical difficulty, as distinguished from variations sought by applicants for purposes or reasons of convenience, profit or caprice.

3. No such variance shall be authorized by the Board unless it finds all of the

following:

a. That the variance will not cause a substantial detriment to adjacent or neighboring property.

b. That the variance will not change the character of the neighborhood or district.

c. That the variance is consistent with the Town Comprehensive Plan and the general intent of this Zoning Chapter.

d. That the practical difficulty or other injustice was caused by the following:

(1) Some unusual characteristic of size or shape of the property.

(2) Extraordinary topographical or other condition of the property.

308 Queenstown Zoning Ordinance Introduced 10.24.18

(3) The use or development of property immediately adjacent to the

property.

(4) That the practical difficulty or other injustice was not caused by

the applicants own actions.

4. No variance shall be authorized unless the Board finds that the condition or

situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the Zoning Chapter.

B. Variances in the Critical Area shall be reviewed in accordance with § 35.

§ 182. Administrative Variances.

A. Administrative variances.

1. An administrative variance may be granted by the Planning Commission for:

a. A request to vary a setback/yard requirement in a residential district provided no structure or use encroaches closer than five (5) foot to any property line nor results in the construction of a principal structure located within ten (10) feet of another principal structure located on an adjacent property; and b. A minor expansion of a nonconforming structure provided the structure is not located within the Critical Area and subject to the following

limitations:

(1) The variance must be for a legally existing, nonconforming

structure;

(2) The expansion encroaches no further than the existing structure

into a required setback; and

(3) The expansion will not enlarge the existing structure by more than

20 percent of the gross floor area.

309 Queenstown Zoning Ordinance Introduced 10.24.18

2. An administrative variance may not be granted for the following:

a. Density, minimum lot size and minimum lot width requirements.

b. Requirements not related to the location or dimensions of structures, such as number of employees and time of operation.

B. Administrative variances in the critical area.

1. On a lot or parcel that was recorded before January17, 1989, an administrative

variance in the critical area may be granted for the replacement, expansion, or relocation of a legally existing, nonconforming structure, the construction of a new accessory structure, or the construction of a new primary structure within the buffer that meets the following conditions:

a. In the case of a replacement of a structure or the expansion of a structure in the one-hundred-foot buffer:

(1) The replacement or expansion does not encroach any further than

the existing structure into the one-hundred-foot buffer;

(2) The proposed expansion will not enlarge the existing footprint of

the structure by greater 500 square feet; and

(3) The property will comply with the lot coverage restrictions in §

29.B.

b. In the case of a relocation in the one-hundred-foot or expanded buffer the relocated structure lessens the extent of the nonconformity.

c. In the case of a new accessory structure in the one-hundred-foot or expanded buffer:

(1) The new accessory structure will not be located any further

shoreward than the closest point of the existing primary structure;

(2) The size of the new accessory structure will not exceed 30 percent

of the footprint of the primary structure as it existed on January17, 310 Queenstown Zoning Ordinance Introduced 10.24.18 1989;

(3) If no lot coverage associated with a primary structure existed on

the site as of January17, 1989, the size of the new accessory structure will not exceed 500 square feet; and

(4) The property will comply with applicable lot coverage restrictions

in § 29 B.

(5) The footprint of any new accessory structure approved by an

administrative variance shall be counted against the expansion of a primary structure §A(1)(b).

C. Standards for an administrative variance outside of the Critical Area.

For an administrative variance located outside of the Critical Area, the Planning Commission shall approve or deny an administrative variance pursuant to the standards for variances provided below.

1. In order to vary or modify the provisions of this chapter, the Planning

Commission must determine that the application meets all of the criteria in § 182.

2. The Planning Commission shall:

a. Make written findings, based on competent and substantial evidence, as to whether the applicant has overcome the presumption of nonconformance established in paragraph (1) above; and, b. Base their written findings on evidence introduced and testimony presented by the applicant, the town or any other government agency, or any other person deemed appropriate by the town, with due regard for the person’s experience, technical competence, and specialized knowledge.

3. If the Planning Commission finds that the activity or structure for which a

variance is requested commenced without permits or approvals and:

a. Does not meet each of the variance criteria under this subsection, the Planning Commission shall deny the requested variance and order removal 311 Queenstown Zoning Ordinance Introduced 10.24.18 or relocation of any structure and restoration of the affected resources; or b. Does meet each of the variance criteria under this subsection, the Planning Commission may grant approval to the requested administrative variance.

4. The Planning Commission may impose conditions on the use or development of a

property which is granted an administrative variance.

D. Standards for an administrative variance within the Critical Area.

For an administrative variance located within the Critical Area the Planning Commission shall:

1. Approve, approve with conditions, or deny an administrative variance in the

critical area pursuant to the standards for variances as expressed in § 182and Natural Resources Article 8-1808(d);

2. Make written findings, based on competent and substantial evidence, as to

whether the applicant has overcome the presumption of nonconformance established § 182, including that the granting of the variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the critical area, and that the granting of the variance will be in harmony with the general spirit and intent of the critical area law and criteria; and

3. Base their written findings on evidence introduced and testimony presented by the

applicant, or any other government agency, or any other person deemed appropriate by the town, with due regard for the person's experience, technical competence, and specialized knowledge.

E. Conditions and mitigation in the Critical Area.

1. Mitigation for development or redevelopment in the Buffer Management Area

approved under the provisions of this subsection shall be implemented as follows:

a. Natural forest vegetation of an area twice the extent of the footprint of the development activity within the one-hundred-foot buffer shall be planted on site in the buffer or at another location approved by the Planning Commission.

312 Queenstown Zoning Ordinance Introduced 10.24.18 b. Applicants who cannot fully comply with the planting requirement in Subsection 1(a) above may offset by removing an equivalent area of existing lot coverage in the buffer.

c. Applicants who cannot comply with either the planting or offset requirements in Subsection 1(a) or (b) above shall pay $1.50 per square foot into a fee-in-lieu program.

(1) Any fees-in-lieu collected under these provisions shall be placed in

an account that will assure their use only for projects within the Critical Area to enhance wildlife habitat, improve water quality, or otherwise promote the goals stated in § 27.A. The funds cannot be used to accomplish a project or measure that would have been required under existing local, state, or federal laws, regulations, statutes, or permits. The status of these funds must be reported to the Critical Area Commission in the jurisdiction's quarterly reports.

(2) Any required mitigation or offset areas shall be protected from

future development through an easement, development agreement, plat notes or other instrument and recorded among the land records of the County.

2. For mitigation for development within the one-hundred-foot buffer the Planning

Commission shall impose conditions on the use or development of a property which is granted an administrative variance as he or she may find reasonable to ensure that the spirit and intent of this Chapter is maintained including, but not limited to the following:

a. Adverse impacts of development or redevelopment activity resulting from the granting of the variance shall be mitigated as recommended by the Code Enforcement Officer, but not less than by planting on the site at the rate of at least three to one per square foot of the variance granted plus the square footage of the canopy removed per COMAR 27.01.09.01 C. & Table H.

b. New or expanded structures or lot coverage shall be located the greatest possible distance from mean high water, the landward edge of tidal 313 Queenstown Zoning Ordinance Introduced 10.24.18 wetlands, tributary streams, nontidal wetlands, or steep slopes.

c. Mitigation plantings shall be located in the following order of priority:

within the one-hundred-foot buffer, within the expanded buffer, on-site and adjacent to the buffer; and on site and elsewhere in the critical area.

d. If buffer mitigation cannot be planted in accordance with (2)(a), a fee in lieu shall be collected as provided in E.1.c.

3. The Planning Commission shall require a buffer management plan in accordance

with COMAR 27.01.09.01-3.

F. Approval time and notice requirements.

1. The Planning Commission shall, at least fourteen (14) days before acting on any

application for an administrative variance, post on the land or building involved a notice of the application.

2. The Planning Commission shall send written notice of an application for

administrative variance to adjacent property owners by registered, certified or first class mail. The “date of notice” shall be the date the notice is mailed. The notice shall specify that the Planning Commission will approve or disapprove the administrative variance request not less than twenty one (21) days after the date of notice. If written notice is provided by first class mail, then an affidavit that such

notice has been sent must be filed with the application.

3. The notice required to be served upon adjacent property owners shall contain the

following information:

a. Name and address of the applicant;

b. Address and location of the property for which the administrative variance is sought;

c. Current zoning of the property for which the administrative variance is sought;

d. The administrative variance requested and the reason for the requested 314 Queenstown Zoning Ordinance Introduced 10.24.18 administrative variance;

e. The application file number; and f. Contact information for the Planning Commission.

4. The Critical Area Commission shall receive a copy of the application for an

administrative variance in the critical area at least 15 days prior to any hearing on such matter and shall receive a copy of the finding.

5. If an adjoining property owner objects to the application, in writing, prior to the

date the Planning Commission renders the decision on the application, then the application shall be transferred to the Board of Appeals for a decision as provided in § 181 for non-critical area applications and § 35 for critical area applications.

In addition, the Chairman of the Critical Area Commission may appeal an action or decision to grant an administrative variance in the Critical Area, even if the Chairman was not a party to or is not specifically aggrieved by the action or decision.

6. The Planning Commission shall approve or disapprove an application for an

administrative variance not less than thirty (30) days after the date of notice on the application nor more than ninety (90) days after the application for the variance is received.

G. Expiration of administrative variance.

1. An administrative variance shall be implemented within 12 months following the

date of approval.

2. Upon written request before expiration of the initial time limit and for good cause

shown, the Planning Commission may extend the administrative variance approval for not more than one like period. Failure to implement the approval within the prescribed time voids the approval.

315 Queenstown Zoning Ordinance Introduced 10.24.18

Part V Special Exceptions

§ 183. Intent.

A. The development and execution of this Zoning Chapter are based upon the division of the Town into districts within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without

consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.

B. The intent of this Part is to establish procedures and minimum standards to be used as guidelines for the consideration and authorization of those uses classified as special exceptions under the respective District regulations.

C. The granting of a special exception does not exempt the applicant from complying with all other requirements of this Chapter or of the law.

§ 184. Initiation of Special Exceptions.

Any property owner or other person with an enforceable legal interest in a property may file an application to use such land for one or more of the special exceptions provided in the zoning district in which the land is located.

§ 185. Application for Special Exception.

A. Such application for special exception shall be filed with the Town Clerk on a form prescribed by the Planning Commission.

B. The application shall be accompanied by such plans and/or data as necessary, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards hereinafter set forth. Such application shall be forwarded from the Town Administrator to the Planning Commission for recommendation to the Board of Appeals for review within forty-five (45) days of receipt

of the application by the Town Clerk.

§ 186. Hearing on Application.

A. The Board of Appeals shall hold a public hearing on each application for a special 316 Queenstown Zoning Ordinance Introduced 10.24.18 exception at such time and place as shall be established by the Board of Appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Board of Appeals shall, by rule, prescribe from time to time.

B. Notice is required as provided in § 175.

§ 187. Standards.

No special exception shall be approved by the Board of Appeals unless such Board shall find:

A. That the establishment, maintenance, and operation of the special exception will not be detrimental to or endanger the public health, safety, convenience, morals, order or general welfare.

B. That the special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

C. That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood.

D. That adequate utilities, water, sewer, access roads, storm drainage and/or other necessary public facilities and improvements have been or are being provided.

E. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

F. That the proposed special exception is not contrary to the objectives of the current Town Comprehensive Plan.

G. That the special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located or to the special requirements established for the specific use.

H. Prior to the granting of any special exception, the Board of Appeals shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as is deemed necessary for the protection of the 317 Queenstown Zoning Ordinance Introduced 10.24.18 public interest and to secure compliance with the standards and requirements specified in

herein. In all cases in which special exceptions are granted, the Board of Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

§ 188. Effect of Denial of a Special Exception.

No application for a special exception which has been denied wholly or in part by the Board of Appeals shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Appeals.

§ 189. Complaints.

Notice of complaints received by any representative of the Town concerning the operation of any special exceptions shall be transmitted promptly to the Board which shall take appropriate action as provided by law. The complainant shall be notified of the action taken.

§ 190. Revocation.

A. Whenever the Board shall find, in case of any permit heretofore or hereafter granted pursuant to the provisions of this Article that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the Board is authorized, after due notice to all parties concerned and granting full opportunity for a public hearing, to suspend or revoke such permit or take other action as it deems

necessary to ensure compliance. The Board is authorized to request and obtain investigations and reports as to compliance from such Town or State agencies or administrative officers as may be appropriate.

B. Whenever the Board shall determine that a special exception appears to have been abandoned, that an approved special exception is not initiated within one (1) year after the date of approval, or that all of the terms and conditions of its grant are not being complied with, the Zoning Administrator shall notify the Board and the Town attorney's office. Upon receipt of notice of such determination by the Board, the Board shall issue

an order to show cause why such special exception should not be revoked. Notice thereof shall be given to the party to whom the special exception has been granted and to all parties who would be entitled to receive notice of a new application for special exception concerning the property. The applicant shall have sixty (60) days from the date of written notice of expiration to file an appeal of said notice.

318 Queenstown Zoning Ordinance Introduced 10.24.18 § 191. Reserved.

319 Queenstown Zoning Ordinance Introduced 10.24.18

ARTICLE XVI. ADMINISTRATION

§ 192. Changes and amendments.

A. Initiation of change. The Town Commissioners may from time to time amend, supplement or change, by Chapter, the boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the Town Commissioners or by motion of the Planning Commission or by petition of any property owner addressed to the Town Commissioners. Petitions for change or amendment shall

be on forms and filed in a manner prescribed by the Planning Commission.

B. Report from Planning Commission. Before taking any action on any proposed amendment, supplement or change, the Town Commissioners shall submit the same to the Planning Commission for its recommendations and report. Failure of the Commission to report within sixty (60) days after the first meeting of the Planning Commission subsequent to the proposal being referred to the Planning Commission shall be deemed

approval.

C. Notice and hearings. The Planning Commission shall hold a public hearing on any proposed amendment, supplement or change before submitting its report to the Town Commissioners. Notice of public hearing before the Commission shall be given at least five (5) days prior to the hearing by publishing the time, place and nature of the hearing on the Planning Commission Agenda posted at the Town Office and on the Town

website. If the proposed amendment affects a single property, the Planning Commission shall cause the date, time, place and nature of the hearing to be posted conspicuously on that property, in accordance with the rules of the Commission.

D. Before approving any proposed change or amendment, the Town Commissioners shall hold a public hearing thereon. Notice of public hearing before the Town Commissioners shall be given at least fifteen (15) days prior to the bearing by publishing the time, place and nature of the hearing in a newspaper having general circulation in the Town.

E. In reaching a decision on zoning amendments, the Town Commissioners shall make findings of fact in each specific case including, but not limited to, the following matters:

population change, adequacy of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendations of the Planning Commission, consistency with the Comprehensive Plan, fiscal impact upon Town government, and the suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and may

grant the amendment based upon a finding that there was a substantial change in the 320 Queenstown Zoning Ordinance Introduced 10.24.18 character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. It shall be the responsibility of the applicant to delineate the boundaries of the neighborhood and to identify the change in the character

of the neighborhood.

F. One-year limitation on reconsideration. Whenever a petition requesting an amendment, supplement or change has been denied by the Town Commissioners, such petition, or one substantially similar, shall not be reconsidered sooner than one (1) year after the previous denial.

G. The record in all zoning cases shall include the application, all documents or communications submitted regarding the application, the recorded testimony received at the hearing, any reports or communications to or from any public officials or agency concerning the application, and the final decision of the Town Commissioners. The record shall be open to public inspection and shall be maintained in the Town Office. The

burden of proof for any zoning change shall be upon the applicant.

§ 193. Amendments for Floating Zones.

The provisions of this Article regarding the procedures and requirements of public hearings and findings of fact to be made regarding applications shall also apply to requests for floating zone designation except that it shall not be necessary to prove change in the character of the neighborhood or mistake in the original zoning of the property in order to gain approval. In floating zones the test for approval or denial shall be compatibility with the neighborhood and

consistency with the comprehensive plan.

§ 194. Critical Area Amendments.

A. The Town Commissioners may from time to time amend the provisions of this Zoning Chapter that apply to the CA Critical Area Overlay District. CA District amendments include, but are not limited to, amendments, revisions, and modifications to zoning regulations, Critical Area Maps, implementation procedures, and local policies that affect the CA District. All such amendments, revisions, and modifications shall also be

approved by the Critical Area Commission as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in the Critical Area Law § 8-1809(i) and § 8-1809(d), respectively.

B. The Town will review in its entirety of CA District provision and propose any necessary 321 Queenstown Zoning Ordinance Introduced 10.24.18 amendments at least every six (6) years. The anniversary of the date that the adoption of this Zoning Chapter shall be used to determine when the review shall be completed.

Within sixty (60) days after the completion of the review, the Town will send the following information in writing to the Commission:

1. A statement certifying that the required review has been accomplished;

2. A necessary requests for amendments, refinements, or other matters that the Town

wishes the Commission to consider;

3. An updated resource inventory; and

4. A statement quantifying acreages within each land classification, the growth

allocation used, and the growth allocation remaining.

C. Except for amendments or refinements developed during a six-year comprehensive review, a zoning map amendment in the CA District may only be granted by the Town Commissioners upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a zoning map that meet the following criteria:

1. Are wholly consistent with the land classifications in the originally adopted

Program; or

2. The Town proposes the use of growth allocation in accordance with the growth

allocation provisions of this Chapter.

D. When an amendment is requested, the applicant shall submit the amendment to the Planning Commission for review and research. Upon completing Findings of Fact, these documents shall be forwarded to the Town Commissioners. The Town Commissioners shall hold a public hearing at which parties of interest and citizens shall have an opportunity to be heard. At least fifteen (15) days’ notice of the time and place of such

hearing shall be published in a newspaper of general circulation in the Town. After the Town Commissioners approve an amendment, they shall forward their decision and applicable ordinances and resolutions along with the amendment request to the Critical Area Commission for final approval.

E. When the Town submits a request for review and approval of changes to any element of the Zoning Chapter provisions applicable to the CA Critical Area Overlay District including, but not limited to Zoning Chapter text or maps, the request will include all relevant information necessary for the Chairman of the Critical Area Commission, and as 322 Queenstown Zoning Ordinance Introduced 10.24.18 appropriate, the Critical Area Commission, to evaluate the changes. The Chairman, and

as appropriate, the Commission, shall determine if the request for amendment(s) are consistent with the purposes, policies, goals, and provisions of the Critical Area Law and all Criteria of the Commission.

F. In accordance with the determination of consistency outline above, the Critical Area Commission Chairman, or as appropriate, the Critical Area Commission will:

1. Approve the proposed refinement or amendment and notify the local jurisdiction;

2. Deny the proposed refinement or amendment;

3. Approve the proposed refinement or amendment subject to one or more

conditions; or

4. Return the proposed refinement or amendment to the Town with a list of changes

to be made.

§ 195. Conformity with Zoning Chapter Provisions.

The regulations set by this Zoning Chapter within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except and particularly as hereinafter provided:

A. No building, structure or land shall hereinafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered externally, unless in conformity with all the regulations herein specified for the zoning district in which it is located.

B. No building or other structure shall hereafter be erected or altered to: exceed the height;

accommodate or house a greater number of families; occupy a greater percentage of lot area; or have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner be contrary to the provisions of this Zoning Chapter.

C. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this Zoning Chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

323 Queenstown Zoning Ordinance Introduced 10.24.18 D. No yard or lot existing at the time of passage of this Zoning Chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Zoning Chapter shall meet at least the minimum requirements established by this Zoning Chapter.

E. It is the intent of this Zoning Chapter that it be interpreted as excluding any use that is not expressly permitted whether as a permitted, accessory, or special exception use.

§ 196. Fees.

A. The Town shall establish a schedule of fees, charges and expenses and a collection procedure for applications for zoning appeal cases, zoning and map amendments, permits, site plans, sign permits and other matters pertaining to this Zoning Chapter.

Such schedule shall be posted at the Town. The Town Commissioners may amend the fee schedule by resolution.

B. These fees may include the cost of the consulting services of an independent engineer, architect, landscape architect, land planner or similar service as may be used to assist the Town in the review of proposed development and improvement plans.

C. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal pertaining to this Zoning Chapter.

§ 197. Interpretation; conflict.

A. In interpreting and applying the provisions of this Zoning Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity and general welfare.

B. It is not intended by this Zoning Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this Zoning Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by other resolutions ordinances, rules or regulations or by easements, covenants

or agreements, the provisions of this Zoning Chapter shall govern.

C. If, because of error or omission in the Zoning District Map, any property in the jurisdiction of this Zoning Chapter is not shown as being in a zoning district, the classification of such property shall be the zoning classification permitting the lowest residential density until changed by amendment.

324 Queenstown Zoning Ordinance Introduced 10.24.18 D. Whenever these regulations, subdivision plats, or development plans approved in conformance with these regulations, are in conflict with other local Ordinances, regulations, or laws, the more restrictive ordinance, regulation, law, plat, or plan shall govern and shall be enforced by appropriate local agencies. When subdivision and development plans, approved by the Planning Commission, contain setback or other

features in excess of the minimum Zoning Chapter requirements, such features as shown on the approved plan shall govern and shall be enforced by the Town. Private deed restrictions or private covenants for a subdivision, which have not been approved by the Planning Commission and made a part of the approved subdivision plan, do not fall within the jurisdiction of enforcement by any Town agency and cannot be enforced by

the Town.

E. To avoid undue hardship, nothing in this Zoning Chapter shall be deemed to require change in the plans, construction, or designated use of any building or premises on which an application for a certificate or permit was filed with the Town prior to the date of adoption of this Zoning Chapter or amendment thereto, providing that the application meets all zoning and other requirements in effect on the date of said application. The

issuance of said certificate or permit shall be valid only if it is exercised within one hundred and eighty (180) days from the date of issuance of the certificate or permit.

"Exercised", as set forth in this section, shall mean that binding contracts for the construction of the main building or other main improvement have been let, or in the absence of contracts, that the main building or other main improvement is under construction to a substantial degree or that prerequisite conditions involving substantial investments shall be under contract, in development, or completed. When construction is

not a part of the use, "exercised" shall mean that the use is in operation in compliance with the conditions as set forth in the permit or certificate.

325 Queenstown Zoning Ordinance Introduced 10.24.18

APPENDIX A - BASIC INFORMATION REQUIRED WITH ZONING AND BUILDING

PERMIT APPLICATIONS

APPENDIX B - BUFFERYARD REQUIREMENTS AND LANDSCAPE GUIDELINES

326 Queenstown Zoning Ordinance Introduced 10.24.18