Carroll County Unincorporated
City Zoning Code

GENERAL REGULATIONS

§ 158.030 MINIMUM REGULATIONS; UNIFORM APPLICATION.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

(Ord. 2019-06, passed 12-12-2019)

§ 158.031 COMPLIANCE REQUIRED.

Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, or altered except in conformity with the regulations herein specified for the district in which it is located.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.032 DEFERRALS.

The submittal, acceptance, review, processing, application for, approval, or decision of any pending map amendment, plan, zoning certificate, building permit, text amendment, development plan, subdivision plan, site plan, conditional use, variance, rezoning or other amendments or actions under this chapter may be temporarily postponed or deferred by ordinance approved by the County Commissioners, when in the discretion of the County Commissioners, the deferral of any such plan amendment or planning study or community investment plan or project or amendment thereto may promote orderly zoning, planning, and subdivision within the county and the outcome of which amendment, study, program, or project may substantially affect applications under consideration or which may be submitted.

(Ord. 2019-06, passed 12-12-2019)

§ 158.033 NONCONFORMING USES.

Any building, structure, premises, or use lawfully existing at the time of the adoption of this chapter, or lawfully existing at the time this chapter is amended, may continue to be used even though such building, structure or premises does not conform to use or dimensional regulations of the zoning district in which it is located; subject, however, to the following provisions:

(A) Extension, expansion, or alteration of nonconforming use. The Zoning Administrator may, subject to §§ 155.050 and 158.130, authorize the extension or expansion of a nonconforming use or the alteration of a nonconforming structure, with or without conditions, provided that:

(1) Any changes or additions to the activities taking place in connection with the nonconforming use will not change the use in any substantial way.

(2) Extension or expansion limits:

(a) A structure or use that was rendered nonconforming for failure to comply with bulk requirements may not exceed 50% of the gross floor area of structures or 50% of the gross acreage of the use above that which legally existed at the time the use first became nonconforming or above that which was approved by the Zoning Administrator or Board of Zoning Appeals as of October 30, 2015.

(b) All other nonconforming use extension or expansions shall be limited to 10% of the gross floor area of structures or 10% of the gross acreage of the use above that which legally existed at the time the use first became nonconforming or above that which was approved by the Zoning Administrator or Board of Zoning Appeals as of October 30, 2015.

(c) This section shall not apply to residential structures or uses in the Conservation District which were constructed when the property was in the Agricultural District, in which cases the bulk requirements in place for the Agricultural District at the time of construction shall apply.

(3) Any such extension or expansion may not increase residential density beyond that which is permitted by the zoning provisions of the zoning district in which the subject extension or expansion is located, or beyond that which existed at the time the subject nonconforming use became nonconforming, with the exception of attached accessory dwelling units that are permitted in the zoning district.

(4) The outdoor land area occupied by a nonconforming use may be enlarged only to provide additional parking area or to comply with an order of the Carroll County Health Department to improve, replace, or expand a well or septic area.

(5) An expansion would not exacerbate an existing bulk requirement nonconformity or create a new violation of the bulk requirements for the zoning district in which the property is located.

(6) The extension, expansion, or structural alteration would not cause an adverse effect on neighboring properties.

(7) Any request for an extension, expansion, or alteration that exceeds these criteria shall be forwarded and heard by the BZA.

(8) The Zoning Administrator may waive the hearing provisions of this section for structural alterations that would expand or extend a structure that is presently a nonconformity solely on the basis of failure to satisfy one or more dimensional requirements if the proposed expansion or extension does not exacerbate nor create new bulk requirement violations, and so long as the proposed alteration does not exceed 50% of the footprint of the existing structure.

(B) Extension, expansion, or alteration of nonconforming use. The BZA may, subject to §§ 155.050 and 158.133, authorize the extension or expansion of a nonconforming use or the alteration of a nonconforming structure, with or without conditions, provided that:

(1) Any changes or additions to the activities taking place in connection with the nonconforming use will not change the use in any substantial way.

(2) Extension or expansion limits:

(a) A structure or use that was rendered nonconforming for failure to comply with bulk requirements may not exceed 100% of the gross floor area of structures or 100% of the gross acreage of the use above that which legally existed at the time the use first became nonconforming, or above that which was approved by the Zoning Administrator or Board of Zoning Appeals as of October 30, 2015.

(b) All other nonconforming use extension or expansions shall be limited to 50% of the gross floor area of structures or 50% of the gross acreage of the use above that which legally existed at the time the use first became nonconforming, or above that which was approved by the Zoning Administrator or Board of Zoning Appeals as of October 30, 2015.

(5) An expansion would not exacerbate an existing bulk requirement nonconformity or create a new violation of the bulk requirements for the zoning district in which the property is located.

(6) The extension, expansion, or structural alteration would not cause an adverse effect on neighboring properties.

(C) If no structural alterations are made, a nonconforming use of a building, structure, or premises may, with approval of the BZA, subject to § 158.133(G), be changed to another nonconforming use which in the opinion of the BZA is of the same or a more appropriate use or classification unless the use is specifically prohibited in the district. The use need not meet the bulk requirements, except for minimum lot area, of the underlying zoning district; however, it shall meet all other requirements of the County Code, including any requirement of the Carroll County Health Department. In the case of a nonconforming junkyard operation, the BZA may, based on specific findings of fact, decide upon an application filed by the land owner as to whether a relocation of a nonconforming junkyard operation, either in whole or in part, to another location on the immediate property or to a location on an adjoining property, constitutes a suitable substitution of use which has substantially less adverse impact to the general public and adjoining property. In granting any such relocation as herein provided, the BZA shall attach such conditions or requirements as it may deem necessary to protect the public interest, the adjoining property owners, and the intent and purpose of this chapter.

(D) A nonconforming use may not be changed to another nonconforming use if the new nonconforming use would require structural alterations or require greater outdoor area to conduct the use or provide parking.

(E) No building, structure, or premises where a nonconforming use has ceased for 24 months or more, unless otherwise extended as herein provided, shall thereafter be used except in conformance with this chapter. Prior to the expiration of such 12-month period after the nonconforming use ceases, the owner of the property may make application to the Zoning Administrator for an extension of time for such use. The Zoning Administrator may extend such period for a reasonable time, up to 24 months, upon a finding that the property is either under active restoration, being offered for sale, involved with obtaining governmental approvals or other good cause as demonstrated by the owner. If the Zoning Administrator grants an extension, such extension shall be for at least 30 days, which shall run from the date of the written decision of the Zoning Administrator. If the Zoning Administrator denies such extension for any reason other than the failure to make a timely request, the owner shall be deemed to have an extension for 30 days from the date of such written denial.

(F) The owner or operator of any existing nonconforming use involving used car lots, service garages, or junkyards shall, not later than April 17, 1966, certify in writing, on a prescribed form, to the office of the Zoning Administrator, that such nonconforming use did exist on the adoption date of this chapter. In order that the exact nature and extent of such nonconforming use may be determined, a survey plat prepared by a professional engineer or registered surveyor shall accompany any prescribed form. The survey shall include the following:

(1) North arrow;

(2) Scale: one inch equal to 100 feet;

(3) Election district;

(4) Outline of parcel or parcels upon which the nonconforming use is located;

(5) Bearings, distances, and acreage of that portion of the parcel or parcels expressly used for the nonconforming use on the effective date of this chapter;

(6) Use, dimensions, and location of all existing buildings; and

(7) Certification and seal of professional engineer or registered surveyor.

(G) Nothing in these regulations shall prevent the restoration of a nonconforming building or structure destroyed by fire, windstorm, flood, explosion, act of public enemy or accident, or prevent the continuance of the use thereof as it existed at the time of such destruction, provided that a zoning certificate is obtained and restoration begun within one year of such destruction, unless otherwise extended by the Zoning Administrator as provided for in division (E) above.

(H) The factual existence of a nonconforming use may be certified by the Zoning Administrator, upon review of an application filed by the property owner.

(1) The application shall contain the following:

(a) A statement and plans or other illustrations fully describing the magnitude and extent of the nonconforming use;

(b) A statement identifying the date the use became nonconforming to the use or dimensional requirements of this chapter;

(c) Documentation substantiating the existence of the use on the date it became nonconforming and clearly demonstrating the continued and uninterrupted use or operation thereof from the specified date to the time of filing the application. The burden shall be on the property owner to establish the existence of the nonconforming use; and

(d) A listing of all adjoining property owners.

(2) Whenever the Zoning Administrator issues a notice of violation alleging the illegal use of the property, the property owner may raise as a defense the fact that the alleged illegal use is a nonconforming use provided the property owner submits an application to certify the nonconforming status of the use pursuant to this division (H).

(3) Applications for certification of a nonconforming use shall be heard in accordance with § 158.130(G) and (H).

(4) The decision of the Zoning Administrator is appealable in accordance with § 158.133.

(I) A decision of the Zoning Administrator or BZA approving an extension, expansion, or alteration of a nonconforming use shall become void unless a building permit conforming to the plans for which the approval was granted is obtained within six months, and substantial construction in accordance therewith is completed within one year from the date of the written decision. An approval for which a building permit is not required shall become void unless the extension, expansion, or alteration is implemented within one year from the date of the written decision. If the decision is appealed, the time period shall be measured from the date of the last decision. An extension to these dates may be granted by the BZA for good cause.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021) Penalty, see § 158.999

§ 158.034 USES PROHIBITED UNDER OTHER COUNTY OR STATE LAWS.

Any existing or proposed use which is determined to be in conflict with any existing ordinance or laws of the county or law or regulation of this state or other governmental agency shall be prohibited, even though such use may be allowed under the terms of this chapter.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.035 AGRICULTURAL USES.

Except for compliance with yard requirements and distance requirements set forth in § 158.040, nothing in this chapter shall prohibit the use of land for agricultural purposes or the construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such buildings or structures are located.

(Ord. 2019-06, passed 12-12-2019)

§ 158.037 USE OF SAME YARD SPACE FOR MORE THAN ONE BUILDING PROHIBITED.

No part of a minimum required yard or other open space provided for any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a minimum required yard or other open space required under this chapter for another building or structure.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.038 MAJOR ROAD PLANS.

In an area where a major road plan has been duly adopted in accordance with Md. Code, Land Use Article, showing a proposed new highway or street or a proposed relocation or widening of an existing highway or street, no building or part of a building shall be permitted to be erected within the lines of such proposed highway or street except as provided hereinafter:

(A) The Zoning Administrator shall issue a zoning certificate for such construction as applied for, provided that the State Highway Administration, the Carroll County Bureau of Roads Operations, or its successor agency, or appropriate authority, upon and within 30 days of written notice thereof does not reaffirm and substantiate its plans to provide such construction in accordance with the major road plan.

(B) The owner of the property so affected shall, following the expiration time of such written notice, have the right to appeal to the BZA the refusal of a zoning certificate, and the BZA may give approval to build if it should find, after public hearing, and upon the evidence and arguments presented to it upon such appeal, that:

(1) The entire property of the appellant of which the area affected by the major road plan forms a part cannot yield a reasonable return to the owner unless such appeal is granted; and

(2) Balancing the interest of the general public in preserving the integrity of the plan and the interest of the owner of the property in the use and benefits of the property, the granting of such permit is required by consideration of reasonable justice and equity.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.039 UTILITY EQUIPMENT AND TOWERS.

(A) Allowed uses. The following uses, exclusive of communications towers, are allowed in any district and are exempt from lot area, lot width, and yard requirements: overhead electric and telephone lines; underground utility lines and distributing equipment; conduits; vaults; pipeline laterals; mains; traffic signals; telephone booths and pedestals; sewerage pumping stations; sewerage treatment plants; water filtration plants; reservoirs; the structures in which these uses are housed; and other similar installations and equipment or accessories of public utility nature. However, the plans for overhead electric transmission lines of 69 kilovolts or more, cross-country telephone trunk lines, or a transmission pipeline shall be submitted before the beginning of construction to the Planning Commission for its review and approval, based upon consistency with the Master Plan.

(B) Conditional uses. The following uses, exclusive of communications towers, shall be conditional uses in all zoning districts: buildings, yards, stations or substations for transforming, boosting, switching, or pumping purposes where such facilities are constructed above ground; and telephone exchanges.

(1) Communications towers are prohibited in all Residence Districts, the H District, and the MHP District.

(2) Communications towers are permitted as a conditional use in the A District and in the C District subject to the conditions and exceptions noted hereafter, imposed elsewhere in this division (C), imposed elsewhere in this chapter, imposed elsewhere by law, and subject to the following:

(a) A minimum setback of a distance equaling the height of the tower. The setback shall be measured from the base of the tower to the boundary line of the property owned, leased, or controlled by easement by the applicant;

(b) Subject to a minimum distance requirement of a distance equaling the height of the tower plus 200 feet from all Residence Districts, the H District, and the MHP District or the nearest part of any existing dwelling, school, religious establishment, or institution for human care, in any other district;

(c) Subject to a minimum setback from all overhead transmission lines of a distance equaling two times the height of the tower and all masts; and

(d) Subject to site plan approval by the Planning Commission pursuant to § 155.050.

(3) Communications towers and tower complexes are permitted as a principal permitted use in the C-2 and C-3 Districts, and as a conditional use in the C-1 and Employment Campus Districts, subject to the conditions and exceptions noted hereafter, imposed elsewhere in this subsection, imposed elsewhere in this chapter, imposed elsewhere by law, and subject to the following:

(c) Subject to a minimum setback from all overhead transmission lines of a distance equaling two times the height of the tower and all masts; and

(d) Subject to site plan approval by the Planning Commission pursuant to § 155.050.

(4) Communications towers and tower complexes are permitted as a principal permitted use in the Industrial Districts subject to the conditions and exceptions noted hereafter, imposed elsewhere in this division (C), imposed elsewhere in this chapter, imposed elsewhere by law, and subject to the following:

(a) A minimum setback of a distance equaling twice the height of the towers. The setback shall be measured from the base of the tower to the boundary line of the property owned, leased, or controlled by easement by the applicant;

(b) Subject to a minimum distance requirement of a distance equaling twice the height of the tower plus 200 feet from all Residence Districts, the H District, and the MHP District or the nearest part of any existing dwelling, school, religious establishment, or institution for human care, in any other district;

(c) Subject to a minimum setback from all overhead transmission lines of a distance equaling two times the height of the tower and all masts; and

(d) Subject to site plan approval by the Planning Commission pursuant to § 155.050.

(5) Communications towers erected on existing structures other than communications towers shall be allowed in any district, provided that the height of the tower does not exceed one-third of the height of the existing structure and the total height of the existing structure and tower does not exceed 200 feet.

(6) The issuance of permit is as follows:

(a) No permit to construct a communications tower may be issued unless the applicant demonstrates to the Zoning Administrator or, where applicable, to the BZA, need for the tower and that the applicant has exhausted all alternatives to constructing a tower. To that end, before an application may be accepted, applicants are required to submit a written location analysis detailing need for the tower. The location analysis shall be reviewed by a qualified firm, corporation, or person chosen by the county as a telecommunications consultant. The consultant shall be selected competitively, and fees shall be reasonable and commensurate with time spent on the review. The entire fee of the county’s consultant for the review shall be paid by the applicant. To ensure timely completion of the review, the applicant shall submit all information requested by the county or its consultant. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following:

1. No existing towers or structures are located within the geographic area which meet the applicant’s engineering requirements;

2. Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements;

3. Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment;

4. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant’s proposed antenna;

5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;

6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and

7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire-line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(b) Upon receipt of all information requested by the county and the completion of the review of the location analysis, an application shall be accepted for processing by the county. In the event of a disagreement as to need for the tower after a complete exchange of all information between the applicant and the county, the BZA shall rule on this issue at the hearing on the application.

(7) An application for a zoning certificate for a communications tower must be accompanied by an affidavit from the applicant stating that space on the proposed tower will be made available to future users, when possible.

(8) Except as required by the Federal Aviation Administration or other federal or state agencies, no tower may use artificial lighting or strobe lighting at night.

(9) An applicant for a zoning certificate for a communications tower must execute an agreement with the county, in a form legally sufficient to the county, requiring the removal of the tower within six months after the tower ceases to function as a communications tower.

(10) In reviewing any application or site plan under this section, among other things, an agency shall consider the extent to which the proposed use seeks to:

(a) Minimize adverse visual effects of towers through careful design, siting, and vegetative screening;

(b) Avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of tower structures;

(d) Maximize the use of new communications transmission towers in order to reduce the number of towers needed; and

(e) Demonstrate that comparable sites are not available in nonresidential or rural areas, where the use is proposed in a residential or conservation zone when otherwise protected from residential development.

(11) The Zoning Administrator, BZA, and the Planning Commission may refer any application to appropriate agencies for comments.

(D) Additional provisions. The provisions of this section shall be subject to §§ 158.049 and 158.071(C)(9).

(E) Conveyor systems.

(1) Conveyor systems shall be a principal permitted use in I-2 and I-1 Industrial Zoning Districts and A District and shall be a conditional use in all other zoning districts, except for Residential Districts. In considering an application for a conditional use, and in considering site plan approval, the BZA and Planning Commission shall consider whether the proposed conveyor system is more beneficial to the community at large than alternative systems for the transportation of materials, for example, railroad, or truck transportation. In comparing the proposed conveyor system to alternative transportation systems, the BZA and Planning Commission may consider the following factors:

(a) Noise, dust control, odors, air emissions, and compliance with current environmental regulations;

(b) Traffic congestion and wear and tear on public infrastructure;

(d) Any of the limitations, guides, and standards contained in § 158.133(G).

(2) Except in industrially zoned areas, conveyor systems shall be underground at all road crossings.

(3) Conveyor systems are exempt from lot area, lot width, setback and yard requirements, except for separation distance requirements described in division (E)(4) below.

(4) Separation distance requirements are as follows:

(a) In A and C Districts, the conveyor system shall be located the greater of three times its height above ground; or 150 feet from any existing residential structure or from a property line in any Residential District;

(b) This division (E)(4) supersedes the distance requirements of § 158.040; and

(c) The separation distance requirements of this division (E)(4) shall not apply to permitted residential structures which are constructed after the date of conditional use approval or site plan approval.

(5) The maximum decibel level caused by the operation of the conveyor system at any receiving property line shall not exceed 65 dBA during daytime hours and 55 dBA during nighttime hours as those terms are defined in § 93.02 of the County Code.

(6) Conveyor systems shall be subject to site plan approval in accordance with § 155.050. The Planning Commission may impose additional requirements as necessary to preserve human health, safety, and welfare, and may consider design, siting, and vegetative screening to minimize adverse effects.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.040 DISTANCE REQUIREMENTS.

(A) Any uses or buildings subject to compliance with this section, as referenced in § 158.051, § 158.071.01, § 158.075.01, § 158.076, § 158.097 or § 158.082(A), shall be located at least 200 feet from:

(1) Any lot in a Residence District.

(2) Any residential lot of less than three acres in the A or C District.

(3) On adjoining lots of three acres or more, minimum separation distance of at least 300 feet from dwellings is required.

(B) The following uses shall be subject to two times the distance requirement in division (A) above:

(1) Coal yard;

(2) Commercial kennels for more than ten dogs and veterinary facilities in the Agricultural and Conservation Districts;

(3) Commercial swimming pools and golf course and/or driving range in the Agricultural and Conservation Districts;

(4) Crematorium;

(5) Electric generating power plant, not including solar facilities;

(6) Flour and grain milling;

(7) Heavy manufacturing;

(8) Shop for the service, repair, or sale exclusively of farm machinery and equipment; and

(9) Steel mill.

(1) Above ground petroleum products storage (2,000 gallons or greater);

(2) Bituminous concrete mixing plant;

(3) Commercial sawmill;

(4) Concrete and ceramic products manufacture;

(5) Concrete or asphalt recycling;

(6) Contractors’ equipment storage;

(7) Fairgrounds, racetracks, or courses in the Agricultural District;

(8) Food processing and slaughterhouse in the Agriculture District;

(9) Oil-contaminated soil facility;

(10) Raising of animals for experimental purposes;

(11) Solid waste acceptance facility; and

(12) Truck or motor vehicle freight terminal.

(D) The following uses shall be subject to four times the distance requirement in division (A) above, and shall be located not less than 1,000 feet from any Residence District:

(1) Acid or heavy chemical manufacturing;

(2) Airfield;

(3) Blast furnace, boiler works, foundry;

(4) Cement, lime, gypsum manufacturing;

(5) Distillation of bones, fat rendering, grease, lard or tallow manufacturing;

(6) Explosive manufacturing or storage;

(7) Fertilizer, potash, insecticide, glue, size, or gelatin manufacture;

(8) Junkyard;

(9) Livestock sales yards and buildings;

(10) Outdoor trap, skeet, rifle, or archery ranges, including gun clubs;

(11) Petroleum products refining; and

(12) Slaughterhouse.

(E) The following uses shall be subject to five times the distance requirement in division (A) above:

(1) Airports;

(2) Rubble fills; and

(3) Front of the meter energy storage devices.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021; Ord. 2022-20, passed 11-3-2022; Ord. 2023-07, passed 9-7-2023; Ord. 2024-04, passed 5-16-2024; Ord. 2025-06, passed 10-9-2025) Penalty, see § 158.999

§ 158.041 LOCATING ANCILLARY FACILITIES.

The following uses, when accessory to an authorized conditional or principal permitted use, may be located in a district different from that in which the authorized conditional or principal permitted use is located:

(A) SWM facilities;

(B) Septic systems;

(D) Sediment control devices and permanent drainage structures;

(E) Water storage facilities for fire protection;

(F) Berms for sight or noise abatement; and

(G) Parking facilities and driveways.

(Ord. 2019-06, passed 12-12-2019)

§ 158.042 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

On any corner lot, no fence, structure, or planting that would interfere with traffic visibility across the corner shall be erected or maintained within 20 feet of the intersection of the road right-of-way.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.043 TRAFFIC VISIBILITY ENTERING PUBLICLY MAINTAINED ROADS.

(A) A property owner or tenant of the property shall not maintain or erect a fence, wall, mailbox, hedge, tree, shrubbery, vines, weeds, plantings, and the like, on private property at or near any existing access point or proposed access point to publicly maintained roads which causes an obstruction to vision for motorists entering publicly maintained roads.

(B) The Zoning Administrator shall determine, in conjunction with the Carroll County Bureau of Roads Operations, or its successor agency, whether an object constitutes an obstruction to vision.

(C) For any fence, wall, mailbox, hedge, tree, shrubbery, vines, weeds, plantings, and the like, which is determined to be an obstruction to vision, this section shall supersede § 158.033.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.044 MEASUREMENT OF FRONT YARD DEPTH.

(A) Each front yard (setback) shall be measured at right angles or radially from the nearest street right-of-way line (front property line) where the right-of-way of any existing street is 50 feet in width in the case of a local or minor type street, or 60 feet in width in the case of any designated county collector or major street. Where the respective right-of-way widths of the above type streets are less, or where there may be doubt as to the width of the right-of-way, the minimum front yard depth or setback line shall be determined by adding the distances specified below to the minimum front yard requirement, and measuring from the centerline of the type of road involved:

(1) All local or minor streets, add 25 feet; and

(2) County collector or major streets, add 30 feet.

(B) In any district where a lot abuts a state highway, the minimum front yard otherwise required for any building where less than 100 feet shall be increased by an amount specified by the State Highway Administration, as would reflect and allow for future official widening and right-of-way lines, if applicable.

(Ord. 2019-06, passed 12-12-2019)

§ 158.045 PRINCIPAL DWELLINGS.

In any district where a dwelling is permitted, only one principal dwelling shall be permitted on any lot, as defined under § 158.002, except as may be otherwise provided for in this chapter for two-family, townhouse, multi-family, and accessory dwellings.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021) Penalty, see § 158.999

§ 158.046 GAME MACHINES AS ACCESSORY USE.

In any commercial establishment or public facility, no more than four game machines may be permitted as an accessory use, and at any circus, carnival, or similar transient use, an unlimited number of game machines may be permitted as an accessory use.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.048 TEMPORARY AND SEASONAL USE REQUIREMENTS.

(A) Uses that last for a limited time and are not permanent require the submission of a plot and prior approval by the Zoning Administrator.

(B) Approval of a temporary zoning certificate for a temporary or seasonal use will be determined on a case-by-case basis depending on individual site conditions and the applicant's demonstration that potential impact to neighboring properties will be adequately addressed and minimized, including, but not limited to:

(1) Access and traffic impacts and controls;

(2) Off-street parking;

(3) Availability of water and sanitation facilities;

(4) Emergency vehicle access;

(5) Food stands;

(6) Trash and recycling disposal;

(7) Anticipated noise levels; and

(8) Temporary structures requiring a building permit.

(C) The temporary zoning certificate application submittal shall include a plot plan showing the location and dimensions of all existing improvements on the property, as well as all proposed temporary or seasonal structures, parking areas, points of access, traffic control patterns, sanitation facilities, food stands, and trash and recycling facilitates.

(D) The temporary zoning certificate shall be issued for a limited period of time as determined by the Zoning Administrator, as specified for each individual temporary use.

(E) Setback requirements are the same as in the underlying zoning district.

(F) Except for seating, there shall be no outside storage of materials or equipment except as approved by the Zoning Administrator.

(G) If the event is held annually, a temporary zoning certificate for the use shall be obtained and approved each year by the Zoning Administrator prior to the beginning of any portion of the temporary or seasonal use. The application for a temporary zoning certificate must contain the required information in each application.

(H) The Zoning Administrator may revoke the temporary zoning certificate for a temporary or seasonal use if the use constitutes a nuisance because of noise, traffic, trash, or other cause.

(I) Notwithstanding the provisions of §§ 158.110 through 158.114, the Zoning Administrator may approve signs for temporary uses.

(J) Notwithstanding the provisions of § 158.033, all temporary and seasonal uses shall meet the requirements of this section.

(K) Any such use established under this section on property that is zoned for such use shall not establish any basis for a permanent change to the zoning classification.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021) Penalty, see § 158.999

§ 158.048.01 TEMPORARY AND SEASONAL USES.

The following temporary and seasonal uses and other similar uses shall be subject to approval by the Zoning Administrator and shall meet the requirements of § 158.048.

(A) Carnivals and fairs sponsored by a nonprofit organization, a volunteer fire company, school, church, or other charitable, social, civic, or educational organization.

(1) Such use shall operate for a period of time not to exceed ten days per event.

(2) The use shall not be held more than once in any 30-day period at the same location.

(B) Seasonal sales of items, including but not limited to Christmas trees, pumpkins, plants, flowers, or other decorative plant materials, not to include cannabis products, for a period of not more than 90 consecutive days. Each seasonal item not sold within the same 90-day period requires a separate temporary zoning certificate.

(1) The floor area of the structure shall be no greater than 150 square feet.

(2) The use shall operate only between April 1 and October 1.

(D) Sidewalk sales.

(E) Produce stands of a seasonal nature.

(F) Temporary shelter for commercial displays, sales, and services.

(1) The uses may include all commercial displays, sales, and services permitted in the respective business and industrial zones for promotional displays or sales, seasonal activities, fireworks, truckload sales of products, sidewalk sales, and demonstration of products in a parking lot;

(2) The shelter may include a trailer or tent; and

(3) The use shall operate no longer than 30 consecutive days.

(G) Farmer's market or flea market:

(1) The zoning certificate shall only be issued for 30 days for a flea market and no more than 120 days for a farmer's market in any one calendar year; and

(2) Stalls, sales tables, and any other facilities related to the farmer's or flea market shall be located at least 25 feet from any abutting street. If located within a parking lot, the facilities shall be located so as to provide sufficient parking facilities for the patrons.

(H) Dumpsters and self-contained portable storage containers may be used on a residential property.

(1) A dumpster or self-contained portable storage unit may be used in conjunction with a valid residential building permit during the time the construction is active.

(2) When not used in conjunction with a valid residential building permit, a dumpster or self-contained storage unit may be used for a period up to 60 days with up to two 60-day extensions for good cause, for no more than six months in any calendar year.

(3) In the R-10,000 and R-7,500 Districts, self-contained storage units shall be limited to a length of 20 feet.

(I) Farm alcohol producer events or activities, subject to the provisions of § 158.168.

(J) Temporary activities and structures needed based on hardship resulting from the destruction of any existing building or structure from a natural disaster or other health and safety emergencies, such as fire, windstorm, flood, explosion, act of public enemy, accident, or pandemic. Temporary activities may include food, water, and equipment distribution centers, warming or cooling shelters, and triage stations. Temporary structures may include emergency housing and outdoor storage. The use shall operate no longer than the duration of the emergency or the duration of an active building permit to restore the principal structure, whichever is shorter;

(Ord. 2022-20, passed 11-3-2022; Ord. 2024-04, passed 5-16-2024)

§ 158.049 COUNTY PUBLIC BUILDINGS, STRUCTURES, AND USES.

Notwithstanding anything herein to the contrary, uses of land, buildings, structures, or premises by the County Commissioners, including the location, erection, reconstruction, extension, enlargement, conversion, or alteration of buildings or structures or parts thereof may be located in any district as principal permitted uses and exempt from all subdivision regulations and bulk requirements. However, no land, building, structure, or premises owned or leased by the County Commissioners may be used without the approval of the County Planning Commission pursuant to Md. Code, Land Use Article, § 3.205.

(Ord. 2019-06, passed 12-12-2019)

§ 158.050 COMPLIANCE WITH LANDSCAPE ORDINANCE.

(A) No zoning certificate may be issued for any use of property hereafter started or for any change of use hereafter made or for any nonconforming use presently existing which hereafter expands or intensifies unless in compliance with Chapter 157 of the code.

(B) Where a use is required to comply with § 155.050, failure to maintain the property in compliance with Chapter 157 shall be prohibited, and each day the property fails to comply shall be treated as a separate violation of this chapter.

(C) It shall be the joint and several responsibility of each person owning or using property to comply with Chapter 157 and the provisions of this chapter.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.051 SEWAGE SLUDGE STORAGE.

(A) The storage of sewage sludge is allowed in any district at a publicly owned wastewater treatment plant as an accessory use to the treatment of sewage, septage, or other wastes.

(B) The storage of pelletized or granular dried sewage sludge, or any derivative thereof, is allowed in any district as a principal permitted use certified by the Zoning Administrator under the following specific conditions:

(1) The pelletized or granular dried sewage sludge to be stored shall be of a Class A grade as defined by the federal Environmental Protection Agency (EPA) or equivalent definition by the Maryland Department of the Environment (MDE);

(2) The pelletized or granular dried sewage sludge storage facility shall possess all valid and necessary state and federal permits for the storage, handling, and transportation of pelletized or granular dried sewage sludge;

(3) The pelletized or granular dried sewage sludge storage facility shall be a closed contained system with adequate fire suppression;

(4) The pelletized or granular dried sewage sludge storage facility shall have adequate ventilation for air exchange to maintain appropriate worker protection and filtration for fine particulate and other potential airborne emissions for external venting of internal air; and

(5) The quantity of pelletized or granular dried sewage sludge stored shall be reported to the Zoning Administrator on a monthly basis.

(D) (1) Land application of sewage sludge, if properly permitted by the MDE, is allowed as an agricultural use; provided, however, that the application of sewage sludge shall be subject to the distance requirements of § 158.040. The Zoning Administrator may reduce the distance requirements of § 158.040 to that buffer distance authorized by the MDE, if to do so would not adversely affect the adjoining property affected thereby, in the sound discretion of the Zoning Administrator.

(2) The storage of sewage sludge is not accessory to the application of sewage sludge.

(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999

§ 158.052 STAFF HOUSING FOR GROUP HOMES.

Within a dwelling used as a group home, a separate living quarters for staff may be established as an accessory use.

(Ord. 2019-06, passed 12-12-2019)

§ 158.053 TEMPORARY REAL ESTATE SALES OFFICE.

A temporary real estate sales office for the sale of lots in the subdivision where it is located is authorized to be used in any zone under the following conditions:

(A) The office shall be located on a lot approved for that purpose by the Zoning Administrator.

(B) The sales office is housed in a modular office unit that has been approved by the state.

(D) The use shall not be established until a plan that includes landscaping has been approved by the Zoning Administrator.

(E) Structures approved under this section are subject to the yard requirements for dwellings in the zoning district in which the lot is located.

(F) In subdivisions that have multiple builders or developers there may be one sales office for each builder or developer who has a right through ownership or contract to develop eight or more lots at the time the builder or developer seeks to locate a temporary sales office on the site.

(Ord. 2019-06, passed 12-12-2019)

§ 158.054 COMMUNICATIONS TOWERS.

No communications tower permitted under § 158.039 or structure that is permitted under § 158.130(E) shall be erected, altered, or maintained at a height in excess of the applicable limitations established in Federal Aviation Regulation (FAR) 77, Objects Affecting Navigable Airspace for the Carroll County Regional Airport. These area and height limitations are delineated on a map generated for the Airport Manager entitled "Federal Airport Regulation (FAR) Part 77 Surfaces Approach Area (Proposed)," dated November, 1999 as may be amended and consisting of one sheet and shall be kept on file with the Airport Manager or his or her successor. Variances to set back and distance shall be requested to the Board of Zoning Appeals in Accordance with § 158.133.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021) Penalty, see § 158.999

§ 158.056 OUTDOOR PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL PROPERTY.

(A) For the purposes of this section, COMMERCIAL VEHICLE shall mean a motorized vehicle of 10,000 pounds or more gross vehicle weight or capability, a trailer capable of gross vehicle weight of 10,000 pounds or more, or a trailer which may be used for commercial purposes. Motor homes, recreational vehicles, and school buses owned or operated by the resident shall not be deemed COMMERCIAL VEHICLES under this chapter.

(B) Parking of one commercial vehicle shall be permitted as an accessory use to a single-family dwelling residential use upon a lot of one acre or less subject to the following requirements:

(1) The commercial vehicle must be actively used by a full-time resident of the single-family dwelling;

(2) The commercial vehicle shall be parked completely within the boundary lines of the lot on which the single-family dwelling exists; and

(3) The commercial vehicle shall not be parked in a way which blocks adequate sight distance for persons entering or exiting any public or private road and shall not be parked closer than 15 feet to the limit of a public right-of-way.

(C) Parking of no more than two commercial vehicles shall be permitted as an accessory use to a residential use upon a lot greater than one acre subject to the following requirements:

(1) The commercial vehicles must be actively used by a full-time resident of the dwelling;

(2) The commercial vehicles shall be parked completely within the boundary lines of the lot on which the residential use exists; and

(3) The commercial vehicles shall not be parked in a way which blocks adequate sight distance for persons entering or exiting any public or private road and shall not be parked closer than 15 feet to the limit of a public right-of-way.

(D) Outside the residence zones, parking of no more than five commercial vehicles shall be allowed as an accessory use to a residential use upon lots of ten acres or more subject to the following requirements:

(1) The commercial vehicles must be actively used or owned by a full-time resident of the dwelling;

(2) The commercial vehicles shall be parked completely within the boundary lines of the lot on which the residential use exists;

(3) The commercial vehicles shall not be parked in a way that blocks adequate sight distance for persons entering or exiting any public or private road and shall be parked no closer than 15 feet to the limit of a public right-of-way; and

(4) No more than two of the commercial vehicles shall be visible from the nearest public road or visible from the first floor of a residence on any adjoining property.

(E) Parking and storage of vehicles in any building is not intended to be limited by this chapter.

(Ord. 2019-06, passed 12-12-2019)

§ 158.057 OUTDOOR STORAGE OF UNLICENSED VEHICLES.

(A) For the purposes of this chapter, an UNLICENSED VEHICLE shall mean a vehicle previously licensed or required to be licensed to operate upon the public roads in this state, excluding mobile homes.

(B) One unlicensed vehicle shall be permitted as an accessory use to a residential dwelling upon a lot of three acres or less.

(C) No more than two unlicensed vehicles shall be permitted as an accessory use to a residential dwelling upon a lot greater than three acres and less than 20 acres.

(D) No more than four unlicensed vehicles shall be permitted as an accessory use to a residential dwelling upon lots of 20 acres or more, provided no more than two of the unlicensed vehicles shall be visible from the nearest public road or visible from the first floor of a residence on any adjoining property.

(E) Parking and storage of vehicles in buildings is not intended to be limited by this section.

(F) This section shall not be construed as authorizing a junkyard.

(G) Nothing in this section authorizes unsafe or unsanitary storage of an unlicensed vehicle or storage which otherwise violates environmental or other laws.

(Ord. 2019-06, passed 12-12-2019)

§ 158.058 SUBDIVISION OF LAND; EXPIRATION OF PRELIMINARY PLANS.

A preliminary plan of subdivision shall become void in accordance with Chapter 155. A decision of the Director of the Department of Land and Resource Management, or its successor agency, to grant an extension to the expiration of a preliminary plan may be appealed to the BZA in accordance with § 158.133.

(Ord. 2019-06, passed 12-12-2019)

§ 158.059 CANNABIS.

Uses related to the growing, processing, or dispensing of cannabis shall comply with the following requirements:

(A) For the purpose of this section, distance will be taken from the nearest point of the structure occupied by the use requiring separation to the nearest point of the structure from which the separation is to be established. A licensed cannabis dispensary may not locate within:

(1) Five hundred feet of:

(a) A pre-existing primary or secondary school in the state, or a licensed childcare center or a registered family childcare home under Title 9.5 of the Education article; or

(b) A pre-existing playground, recreation center, library, public park, or place of worship; or

(2) One-half mile of another cannabis dispensary.

(B) A licensed cannabis dispensary structure may not locate within 100 feet of the property line of a residential zoning district.

(D) All lighting, including security lighting required by COMAR 10.62.10.05, shall comply with Carroll County site plan requirements as specified in § 155.050.

(E) No variances from the requirements of this section shall be granted.

(F) Cannabis products are not permitted to be sold in conjunction with a temporary zoning certificate.

(G) A cannabis dispensary in conjunction with an on-site consumption establishment is prohibited in all zoning districts.

(Ord. 2019-05, passed 12-12-2019; Ord. 2024-04, passed 5-16-2024) Penalty, see § 158.999

§ 158.060 MEASUREMENT OF SEPARATION OR DISTANCE BETWEEN USES.

When measuring a required separation between uses, distance shall be determined from the nearest point of the structure occupied by the use requiring separation to the nearest point of the boundary of the lot from which the separation is to be established. For the purpose of computing the distance from a multi-tenant building or site, any distance requirement shall be measured from the perimeter of the use and not from the entire building or site. In the case of an outdoor principal or accessory use requiring separation from another use, distance shall be measured from the nearest point of the outdoor use to the nearest point of the boundary of the lot from which the separation is to be established.