§ 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 non-water dependent 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 - In general.

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.