LEONARDTOWN, Md. — The Commissioners of St. Mary’s County held a public hearing July 14 to receive input on proposed amendments to the county’s Comprehensive Zoning Ordinance that would create additional development standards for new fuel sales businesses, vape shops and small box discount stores.
The proposed ordinance, presented by Deputy County Attorney John Sterling Houser and Land Use and Growth Management Director Jessica Andritz, does not prohibit these businesses from locating in St. Mary’s County. Instead, it would require future proposals to undergo a conditional use review before the Board of Appeals, giving the county an opportunity to evaluate whether additional locations are appropriate based on public need and compatibility with surrounding development.
Why The Changes Are Being Proposed
Houser explained that the proposal originated after the Commissioners directed staff on May 12 to explore potential zoning amendments in response to recurring public concerns about what many residents perceive as an overconcentration of certain commercial uses.
“The common theme,” Houser told the commissioners, was the “perceived overproliferation of certain use types” throughout portions of St. Mary’s County, specifically “gas stations, convenience stores, vape shops and Dollar General-like retail establishments.”
According to Houser, the goal is not to ban any particular business but to provide the Board of Appeals with additional authority to determine whether another similar business is appropriate at a specific location.
Currently, these uses are generally permitted “by right” in certain zoning districts, meaning applicants who meet all technical development requirements are typically entitled to approval. Under the proposed ordinance, new fuel sales facilities, vape shops and small box discount stores would instead require conditional use approval, adding another level of public review before construction could proceed.
“Those are the only changes that are being done,” Houser said. “There’s not any type of zoning district where they are allowed now where they would not totally be permitted.”
Conditional Use Would Add Another Level Of Review
Houser explained that the proposal does not change where these businesses may locate but instead changes how future applications are reviewed.
He said uses permitted by right are generally presumed to be compatible with the surrounding neighborhood if they meet all technical development requirements. A conditional use, however, allows the Board of Appeals to examine “whether there are unique circumstances or case-by-case circumstances” that make a proposed location inappropriate, including whether it is compatible with surrounding properties and consistent with the county’s Comprehensive Plan.
“It adds another layer of public hearings,” Houser said, noting the Board of Appeals would have additional authority to determine whether an application demonstrates a public need and would not negatively affect the surrounding commercial area.
Commissioner Eric Colvin sought clarification that the proposal was narrowly focused.
“This ordinance, it does not apply to all new businesses. It only applies to gas stations, dollar stores, vape shops, correct?” Colvin asked.
Houser confirmed that was correct.
Colvin also asked whether the proposal would prohibit those businesses from opening in the county.
“It does not prohibit them. It puts another conditional use on them,” Houser said.
Houser agreed, explaining that businesses meeting the required standards could still receive approval. Existing legally established businesses would also be permitted to expand without obtaining conditional use approval under the proposed ordinance.
Public Comments Reflect Divided Opinions
Several residents addressed the commissioners during the hearing, offering differing opinions on the proposal.
One resident questioned how the county would determine whether an area has an “overabundance” of a particular business type.
“Who determines real or overabundance?” the speaker asked.
The resident also described himself as “a property rights person” and expressed concern that the proposal could place unnecessary restrictions on private property owners. The speaker additionally questioned whether all businesses commonly referred to as dollar stores should automatically be categorized as small box discount stores under the ordinance.
Another resident voiced support for the ordinance but encouraged commissioners to consider stronger spacing or density standards in the future.
“I think this is a step in the right direction,” the speaker said, while suggesting the county should establish clearer limits on how closely similar businesses may locate to one another. The resident also questioned whether the Planning Commission currently has sufficient authority when reviewing commercial development proposals.
A third resident also spoke in favor of the proposal, citing research comparing the number of gas stations, vape shops and discount stores in St. Mary’s County with neighboring Charles County despite St. Mary’s having a smaller population. The speaker also suggested vape shops should not be located within walking distance of schools and said the county should take additional steps to protect community character.
What Would Change?
If adopted, the ordinance would amend Chapter 285 of the St. Mary’s County Code by:
- Updating development standards for Use Type 60 – Fuel Sales.
- Creating Use Type 76A – Small Box Discount Stores, separating them from the broader retail sales category.
- Creating Use Type 77A – Vape Shops, establishing them as their own use category.
- Requiring future proposals for these uses to obtain conditional use approval rather than being permitted by right where currently allowed.
- Giving the Board of Appeals authority to consider whether a proposed business demonstrates a public need and whether it would adversely affect the balance of surrounding commercial development before approving an application.
County staff noted the proposed standards were modeled, in part, after zoning approaches already used in other Maryland jurisdictions to address concentrations of similar commercial uses. The proposal would also require additional public hearings before the Board of Appeals, creating another opportunity for public input before a decision is made.
According to the memorandum presented to the commissioners, the county currently has 42 fuel sales establishments, 14 small box discount stores and 15 vape shops that would fall under the proposed use categories. During the past five years, eight fuel sales projects, four small box discount stores and two vape shops would have required conditional use approval had the proposed ordinance been in effect.
Houser emphasized that the proposal is not intended to prevent future businesses from opening.
“This is not an absolute bar,” Houser said. “If the Board of Appeals finds they’re entitled to the conditional use and comply with the standards, they can then be permitted.”
What’s Next?
The written public comment period remains open through 5 p.m. Tuesday, July 21.
County staff will prepare a report summarizing the public comments and any responses for the commissioners’ July 28 meeting. At that time, the commissioners may approve the ordinance, deny it, table it for future consideration or direct staff to make additional revisions before bringing it back for further review.
Watch the full public hearing below:
Got a tip or photo? Text us at 888-871-NEWS (6397) or email news@thebaynet.com.
Join The BayNet Membership for exclusive perks and zero ads.
Don’t miss a story—sign up for our newsletter!
