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Burkittsville City Zoning Code

SECTION 9

08 Agricultural AG District

  1. Purpose. It is the purpose of the Agricultural (AG) District (previously known as and referred to as the Rural Residential (R) District) to establish a low density rural area that will compliment and preserve the rural, agricultural character of the community and to ensure that enough land area will be available for each dwelling site, so that alternative locations for on-site septic and waste disposal systems will be available, thereby negating the necessity for public infrastructure improvements and public sewer and wastewater treatment facilities. It is the further intent and purpose of the Agricultural (AG) District, to preserve agricultural and environmentally sensitive areas and natural resources.
  2. Uses Permitted In The Agricultural (AG) District.
    1. Farms, customary farm buildings and operations.
    2. Single-family dwellings.
    3. Churches, schools, libraries, museums, parks, playgrounds, and community centers, provided that sufficient off-street parking is available for the use.
    4. Accessory buildings and uses.
  3. Uses Permitted By Special Exception (Requiring Board Of Appeals Approval) In The Agricultural (AG) District. In addition to the requirements set forth in Section 9.02(g) governing Special Exceptions, the following additional conditions shall apply for the following specific uses:
    1. Nursery schools or childcare centers, provided that it meets the requirements of the Maryland Department of Health and Mental Hygiene and any special conditions deemed necessary by the Board, and provided that all required licenses and permits have been obtained.
    2. Home Occupations, including the office of a resident physician, dentist, architect, engineer, attorney, or similar professional person located in that person's home, provided:
      1. That there is no exterior evidence, other than one (l) permitted sign, to indicate that the building is being used for any purpose other than that of a residential dwelling.
      2. That the construction does not produce a show window or display window effect.
      3. Sufficient off-street parking is provided.
      4. That the use will not constitute a nuisance because of increased traffic, noise, or other activity associated with the use of the dwelling for business purposes which may be disruptive to the residential character of the neighborhood.
      5. Only one (1) person who is not a resident of the dwelling may be employed in conduct of the home occupation.
      6. The home occupation must be secondary to the principal use as a residential dwelling, shall be conducted entirely within the dwelling, and shall not occupy more than thirty percent (30%) or three hundred (300) square feet of the dwelling, whichever is greater.
    3. Social, service, civic or fraternal clubs and lodges.
    4. Convenience stores, provided:
      1. That there is no drive through aisle or drive up service window, no walk-up service window, and no outdoor seating area.
      2. That there is no outdoor sound amplification.
      3. That the hours of operation are limited to between the hours of 6:00 a.m. until 9:00 p.m.
      4. That sufficient off-street parking is provided, which shall include a minimum of one (1) parking space per one hundred (100) square feet of the building space.
      5. That no exterior lighting of any parking lot or area shall be permitted during non-business hours, nor shall any exterior lighting be located or directed so as to shine on or illuminate any adjoining properties.
  4. Building Height Regulations In Agricultural District. No dwelling shall exceed two and one-half (2-1/2) stories or thirty-five (35) feet in height, measured from the lowest point of the exposed building foundation to the highest point of the roof, excluding, however, any chimneys, church steeples, barns or silos.
  5. Required Lot Area, Lot Width, And Yards In Agricultural (AG) District.

    Min. Lot Area per Dwelling Unit
    Min. Lot Width per Structure (feet)
    One Front Yard Depth (feet)
    Each Side Yard (feet)
    One Rear Yard (feet)
    5 acres
    100351540 at building line
  6. Subdivision. Subdivision of any lot in the Agricultural (AG) District will be permitted only as follows: a minor subdivision of five (5) lots and a remainder will be permitted to be subdivided off of an original tract of land, provided that each such lot meets the minimum lot requirements. Thereafter, the land or property will be required to be rezoned before any additional dwellings, other than farm tenant houses, may be built. An original tract of land shall be as described in the Land Records of Frederick County, Maryland as of January 1, 2003.