§ 7-406. Prohibited uses.

(a) Scope.

The uses prohibited by this section are in addition to those prohibited by§ 1-218 {"Uses prohibited citywide"} of this Code.

(b) Within Critical Area.

Except as specified in subsection (d) of this section, the following uses are prohibited within the Critical Area:

(1) a dwelling unit or other non-water dependent structure on a pier, wharf, dock, walkway, bulkhead, breakwater, piles, or other similar structure, except as authorized under State Natural Resources Article § 8-1808.4 {"Critical Area Protection Program: Nonwater-dependent projects"};

(2) collection, storage, handling, or disposal of hazardous or toxic materials, as defined in COMAR 11.07.01.01;

(3) industrial landfills;

(4) liquefied natural gas and petroleum gas terminals;

(5) maintenance, dismantling, or storage of abandoned, unlicensed, junked, or derelict vehicles or vehicle parts;

(6) non-water dependent uses on barges in tidal waters, except maritime museums;

(7) non-water dependent uses on permanently moored vessels in the Inner Harbor Basin, except maritime museums;

(8) recycling collection stations;

(9) solid waste acceptance facilities, as defined in City Code Article 23, except for facilities approved as a conditional use under this subtitle; and

(10) storage and handling of radioactive waste.

(c) Within Buffer.

Except as specified in subsection (d) of this section, the following additional uses are prohibited within the Buffer:

(1) cement plants;

(2) chemical plants;

(3) sand or gravel extraction operations; and

(4) storage facilities for nutrients – that is, elements or compounds essential as raw material for organic growth and development (for example, carbon, nitrogen, and phosphorus).

(d) Exceptions.

The prohibitions in subsections (b) and (c) of this section do not apply if the following standards are met:

(1) on recommendation of the Department of Planning, the Board of Municipal and Zoning Appeals finds both that:

(i) there is no environmentally acceptable alternative outside the Critical Area; and

(ii) the use is needed to correct an existing water quality or wastewater management problem; and

(2) for any new use that constitutes a significant development or for any expansion of a nonconforming use, a best management practices plan that will achieve a net improvement in water quality and habitat is submitted and implemented as a requirement of the Critical Area review process.