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SUBTITLE 2. USES AND STRUCTURES
(a) Application. A person may file an application for a zoning certificate of use on the form provided by the Office of Planning and Zoning.
(b) Acquisition of certificate required. A zoning certificate of use is required for all uses except single-family dwellings and accessory dwelling units. A person may not initiate or change a use that will exist for a period exceeding 60 days without obtaining a zoning certificate of use. For a commercial telecommunication facility or a small cell system, "person" includes the owner and each user of the facility or system and "alter" includes any change in configuration, transmit frequency range, or maximum power level from that shown on the application for the zoning certificate of use.
(c) Adult bookstores and theaters. An application for a zoning certificate of use for an adult bookstore or adult movie theater that is not granted or denied within 30 days shall be considered as having been denied.
(d) Farm dual uses. An application for a zoning certificate of use for a farm dual use may be accompanied by an approved soil conservation and water quality plan in lieu of a site plan, provided the plan depicts sufficient information for the Office of Planning and Zoning to determine that the conditional use requirements will be met.
(e) When effective. A zoning certificate of use remains effective so long as the use remains in conformity with the application granted. A change in ownership does not itself cause the need for a new zoning certificate of use.
(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 65-17; Bill No. 76-19; Bill No. 62-23)
(a) Except where specific temporary uses are provided for in this Code, and except as provided in subsection (b), upon a determination that a temporary use of land will not adversely affect nearby properties and will not require significant or permanent changes to existing topography, vegetation, or other natural features, the Planning and Zoning Officer may authorize the use in any zoning district for a period not exceeding 60 days. The Planning and Zoning Officer may grant up to two extensions of the temporary use for periods not exceeding 60 days each. The land shall be entirely cleared of the temporary use within five days after the expiration of the period.
(b) Farm or agricultural heritage site special events, one to eight annual events. The Planning and Zoning Officer may authorize up to eight farm or agricultural heritage site special events on a property in the RA, RLD, or R1 zoning districts as a temporary use if:
(1) the Planning and Zoning Officer determines that the event will not adversely affect nearby properties and will not require significant or permanent changes to existing topography, vegetation, or other natural features;
(2) no more than eight events on the same property within a 12-month period are authorized;
(3) authorization is given for each individual event to be held on a property;
(4) an event will not exceed one day;
(5) any outdoor assembly areas are located and designed to shield surrounding residential properties from the effects of noise, hazards, or other offensive conditions; and
(6) the maximum capacity for an event will not exceed 25 attendees per acre; and
(7) the owner has owned the property for the immediately preceding two years and has been engaged in active farming for the immediately preceding two years.
(c) Clearing land of use. The land shall be entirely cleared of the temporary use within five days after the expiration of the period.
(Bill No. 4-05; Bill No. 69-20)
Editor's note – Section 3 of Bill No. 69-20 requires the Office of Planning and Zoning to provide a report to the County Council, on or before January 1 of each year through 2027, on farm or agricultural heritage site special events and farm or agricultural site stays.
(a) When not accessory. A structure located within three feet of a principal structure and a structure connected to a principal structure by an enclosed breezeway less than 15 feet long is part of the principal structure and is not an accessory structure.
(b) In front yard.
(1) Access ramps to accommodate a person under disability, driveways, paved or gravel at-grade surfaces, fences, noise barriers or noise walls, signs, walkways eight inches or less above grade, and walls may be located in the front yard.
(2) When a new principal structure is constructed in an RA or RLD district, an existing barn may be retained in the front yard.
(3) (i) An accessory structure may be located in the front yard of a through lot or corner through lot provided that the accessory structure is located in the front yard that does not provide access to the lot.
(ii) If both front lot lines provide access to the lot, the prevailing front yard pattern on adjoining lots shall be used to determine the front yard in which the accessory structures may be located.
(4) An accessory structure may not be located in the front yard of a nonwaterfront lot.
(c) On a different lot. An accessory structure or use may not be located on a lot other than the lot on which a principal structure is located, except that:
(1) a fence may be located on a lot without a principal structure;
(2) a private residential pier to serve a lot with a principal structure may be located on land owned by a homeowner's association that abuts the mean high-water line if an agreement is recorded among the land records that allows location and use of the pier on the land owned by the homeowner's association; and
(3) an accessory structure may be located on an unimproved lot abutting a lot improved by a principal structure, provided the lots are under common identical ownership and the accessory structure serves the lot with the principal structure for the exclusive use of the owner or the principal structure on the abutting lot. The Office of Planning and Zoning may require that a structure built pursuant to this subsection be removed as a condition of issuance of a building permit in the event a principal structure is to be constructed on the same lot as the accessory structure.
(d) Floor area. The floor area of an accessory structure, including an accessory structure constructed pursuant to subsection (c)(3), may not be greater than the floor area of the principal structure.
(e) Right-of-way setback. An accessory structure may not be located in a setback from a right- of-way line.
(Bill No. 4-05; Bill No. 78-05; Bill No. 69-07; Bill No. 64-17; Bill No. 4-18; Bill No. 88-23)
(a) When allowed.
(1) Barbed-wire or electrified fences are allowed in RA, RLD, R1, and R2 districts if used in connection with farming.
(2) Barbed-wire, razor wire, or other such security wire is allowed between two chain link fences or along the top of a chain link or other non-barbed-wire fence, provided all fences are at least six feet in height, to prevent access to a recreational vehicle or watercraft storage facility owned by a community association, provided the storage facility, including the fence, is:
(i) located on property that is owned by the community association and is shown as community recreation area or open space on the subdivision plat;
(ii) operated by the community association for use by, and limited to, the subdivision residents; and
(iii) set back at least 50 feet from all property lines that abut a residential lot.
(3) Electrified fences are allowed in W1, W2, and W3 districts provided the electrified fence is at least fix feet in height and is completely surrounded by a non-electrified fence or wall that is at least six feet in height.
(b) Above a chain link or other fence. Up to six strands of barbed wire are allowed along the top of a chain link or other non-barbed-wire fence that is at least six feet in height:
(1) in a nonresidential zone to secure a warehouse or other storage area; or
(2) to prevent access to a potentially dangerous use, such as a public utility use, a construction site, a community or commercial swimming pool, or a storm water management, sediment, or erosion control pond.
(Bill No. 4-05; Bill No. 80-08; Bill No. 6-19)
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