Carroll County Unincorporated
City Zoning Code

OVERLAY DISTRICTS

§ 158.095 HDO HISTORIC DISTRICT OVERLAY.

(A) Purpose.

(1) The purpose of the HDO is to provide a mechanism for the preservation of sites, structures, and districts of historical, archaeological, or architectural significance, together with their appurtenances and environmental settings. The HDO is meant to enhance, not substitute for, the underlying zoning classification which regulates land use. This section imposes additional requirements during the construction, alteration, reconstruction, moving, and demolition of sites and structures located within the HDO. These requirements are in addition to those of the existing conventional underlying zoning district which controls land use.

(2) This subchapter is intended to:

(a) Safeguard the heritage of the county by preserving sites, structures, or districts which reflect elements of the county's cultural, social, economic, political, architectural, or archaeological history;

(b) Stabilize and improve property values of such sites, structures, or districts;

(d) Strengthen the economy of the county;

(e) Preserve and enhance quality of life;

(f) Promote the preservation and appreciation of the sites, structures, and districts for the education and welfare of the residents of the county;

(g) Develop an awareness among property owners of the value of preserving, protecting, and restoring areas of historical, archaeological, or architectural significance; and

(h) Enable the county to identify and officially designate sites, structures, and districts of historical, archaeological, or architectural importance to the county in order to make such sites, structures, and districts eligible for specific benefits that may be available from various local, state, or federal programs.

(B) Definitions applicable to HDO and H District.

(1) As used in this subchapter and as used in § 158.097, the following words have the meanings ascribed to them in Md. Code, Land Use Article, § 8.101, as amended from time to time: demolition, district, structure, site, and routine maintenance.

(2) For the purpose of this section and as used in § 158.097, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ALTERATION. Any exterior change that would affect the historic, archaeological, or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way, including but not limited to construction, reconstruction, moving, or demolition.

APPURTENANCES AND ENVIRONMENTAL SETTINGS. All that space of grounds and structures thereon which surrounds a designated site or structure and to which it relates physically or visually. APPURTENANCES AND ENVIRONMENTAL SETTINGS shall include but not be limited to walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.

EXTERIOR FEATURES. Include the architectural style, design, and general arrangement of the exterior, the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, and similar items found on, or related to, the features of a historic site or the exterior features of a historic resource within a historic district.

HISTORIC DISTRICT OVERLAY WORK PERMIT. A permit approved by the HPC and issued by the Chief of the Bureau of Permits and Inspections, or its successor agency, authorizing work on any property located within the HDO.

RECONSTRUCTION. The process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared at a specific period of time.

RESTORATION. The process of accurately recovering the form and details of a property as it appeared at a specific period of time by means of removal of later work and the replacement of work missing from that period.

(1) Establishment; members. The HPC of Carroll County shall consist of five full members and an alternate member appointed by the County Commissioners. The alternate member shall vote on matters before the HPC in the absence of any other member. A majority of the members shall be residents of the county. The County Commissioners shall make a good-faith effort to have a majority of the full members be residents of the HDO area(s). Each member shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines. At least two members shall possess professional or academic training in one or more of the above-listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36 C.F.R. Part 61 to the extent that such professionals are available in the community. A good-faith effort to locate and appoint such professionals will be made, and documentation as to how this effort was accomplished shall be retained by the County Commissioners. The County Commissioners may consult private societies or agencies to request the names of possible members on the HPC. Members shall be appointed for terms of three years. No more than two appointments shall expire in any given year. Members of the HPC are eligible for reappointment.

(2) Membership requirements. The requirement for HPC membership under the category of “demonstrated special interest” may be satisfied either by formal training in one or more of the fields listed in division (C)(1) above or by active membership in a preservation-related organization. The requirement for membership under the category of “specific knowledge” may be satisfied by formal post-secondary education, employment, or practical experience in one or more of the above-listed fields, or practical experience in the restoration or preservation of a historic structure (including restoration or preservation of a historic structure located outside of the HDO). The requirement for HPC membership under the category of “professional or academic training” may be satisfied by, at a minimum, two years experience as a professional or a bachelor’s degree in one or more of the above-listed fields.

(3) Vacancies. Any vacancy on the HPC shall be filled by the County Commissioners for the unexpired term of the particular position. Any vacancy shall be filled within 60 days. In the case of the expiration of a term, a member may continue to serve until the member’s successor is appointed.

(4) Initial appointments. The members of the HPC shall serve as members of the HPC until the expiration of their terms of appointment to the HPC, or until such member resigns, whichever occurs first. These persons are eligible for reappointment at the expiration of their terms, provided that they meet the qualifications for appointment specified in division (C)(1) above at the time of such reappointment.

(D) Duties and powers of HPC.

(1) As part of its duties and powers, the HPC:

(a) Shall adopt rules for the organization and conduct of meetings;

(b) Shall act upon all applications for HDO work permits as required by division (G) below;

(d) Shall review all petitions for designation as a historic site, structure, or district and submit recommendations to the County Planning Commission and County Commissioners;

(e) Shall review any application for a zoning text or map amendment, conditional use, variance, site plan, or subdivision approval, and any legislation or other proposals affecting properties which are located within a designated historic site, structure, or district, or which have preservation easements, including preparation and amendment of master plans, and may make recommendations thereon to the appropriate authorities;

(f) Shall have the right to accept and use gifts and services for the exercise of its functions which are given to the County Commissioners specifically for use by the HPC;

(g) Shall adopt rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, repair, moving, and demolition of property in the HDO which are consistent with the Secretary of the United States Department of the Interior’s Standards for Rehabilitation. Guidelines may include design characteristics intended to meet the needs of particular types of sites, structures, and districts, and may identify categories of changes that do not require review by the HPC because they are minimal in nature and do not affect historic, archaeological, or architectural significance. These design guidelines shall be used in the HPC’s review of applications for HDO work permits;

(h) May, at the request of an applicant, receive information concerning the location and configuration of interior features in connection with an application for a HDO work permit, which information may be used by the applicant in connection with explaining the applicant’s request for the HDO work permit. The HPC may receive this information for use in understanding the particular application before the HPC but shall not render any decision concerning interior features and shall not require any applicant to submit any information concerning interior features;

(i) May institute an action for injunctive relief to require routine maintenance of a site or structure within the HDO, to require compliance with the provisions of this subchapter or any permit issued thereunder, and to prohibit a violation of the provisions of this subchapter; and

(j) May acquire easements in connection with individual sites or structures, or with sites or structures located in or adjacent to an HDO area. Such easements may grant to the HPC, the residents of the HDO area, and the general public the right to ensure that any site or any structure and surrounding property upon which the easement is applied is protected in perpetuity from changes which would affect its historic, archaeological, or architectural significance.

(2) In addition, the HPC shall have all the powers and authority enumerated in the Md. Code, Land Use Article, §§ 8.01 et seq., as presently codified and as may be amended from time to time.

(E) Criteria for designation as historic site, structure, or district.

(1) The County Commissioners may designate boundaries for sites, structures, or districts of historic, archaeological, or architectural significance consistent with adopted criteria for such designation.

(2) In considering any property for designation as a county historic site/structure/district, the reviewing agencies, boards, or commissions shall consider the following criteria:

(a) Historic, archaeological, and cultural significance.

1. The property has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the county, state, or nation;

2. The property is the site of a historic event;

3. The property is identified with a person or group of persons who influenced society; or

4. The property exemplifies the cultural, economic, social, political, or historic heritage of the county and its communities.

(b) Architectural and design significance.

1. The property embodies the distinctive characteristics of a type, period, or method of construction or architecture;

2. The property represents the work of a master craftsman, architect, or builder;

3. The property possesses significant artistic value;

4. The property represents a significant and distinguishable entity whose components may lack individual distinction;

5. The property represents an established and familiar visual feature of the neighborhood, community, or county, due to its singular physical characteristics, landscape, or historical event; or

6. The property is a rare example of a particular period, style, material, or construction technique.

(3) The procedure for designation or expansion of HDO is as follows:

(a) Petitions for designation as a historic site or structure shall be initiated by the legal owners of the site or structure. Petitions for designation of an HDO District shall be initiated by the legal owners of a majority of the properties comprising the proposed district.

(b) Petitions for designation shall be filed with, and on forms provided by the Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition to the Planning Commission.

(c) The Planning Commission will refer the petition to the HPC and other appropriate agencies for comment. In addition, the Planning Commission will cause its staff to review the facts and relevant information concerning a petition and render a report thereon. The report shall be completed within 90 days of the Planning Commission's receipt of a referral of a petition from the Office of Administrative Hearings.

(d) Within 60 days of the receipt of its staff report and the comments of the HPC on the petition, the Planning Commission shall review that report and give its recommendations and the report to the Office of Administrative Hearings.

(e) Upon receipt of the recommendations of the Planning Commission, the Office of Administrative Hearings shall schedule a hearing on the petition which must be held within 45 days of the receipt of those recommendations. The hearing shall be before the County Commissioners. The County Commissioners may extend the time for holding the hearing by advising the Office of Administrative Hearings that a time extension is necessary.

(f) Upon finding that a proposed designation or expansion meets the intent of this subchapter, and that such designation or expansion is in the general interest of the citizens of the county, the County Commissioners may designate or expand a historic site/structure/district and, if such a designation is made, shall cause the change in the HDO to be posted on the official County Zoning Map. After concluding a hearing on a petition, the County Commissioners shall issue its decision within 30 days of the hearing.

(g) If the decision of the County Commissioners is to make such designation, the County Attorney shall prepare an ordinance to effect that result within five days and the Zoning Administrator shall cause a change in the map within 30 days of the decision.

(h) The County Commissioners may extend the time limitations imposed by this section in its sole discretion.

(4) If the County Commissioners declines to designate a proposed, or expand an existing, historic site/structure/district, after a public hearing thereon, no new petition for designation or expansion for all or part of the same area may be filed within two years of the final decision by the County Commissioners.

(5) The HDO also applies to any property in the HDO District as of December 1, 1995, which is designated a Historic District.

(F) Removal of HDO designation.

(1) Petitions for removal of the HDO designation from a historic site or structure which is not located in an HDO District shall be initiated by the legal owners of such site or structure.

(2) Each petition for removal of the HDO designation from a portion of a Historic District shall be initiated by both the legal owners of a majority of the properties comprising the HDO District and by the legal owners of a majority of the properties comprising the area of proposed reduction.

(3) Petitions for removal of the HDO designation shall be filed with, and on forms provided by, the Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition to the Planning Commission.

(4) The Planning Commission will refer the petition to the HPC and other appropriate agencies for comment. In addition, the Planning Commission will cause its staff to review the facts and relevant information concerning a petition and render a report thereon. The report shall be completed within 90 days of the Planning Commission’s receipt of a referral of a petition from the Office of Administrative Hearings.

(5) Within 60 days of the receipt of its staff report and the comments of the HPC on the petition, the Planning Commission shall review that report and give its recommendations and the report to the Office of Administrative Hearings.

(6) Upon receipt of the recommendations of the Planning Commission, the Office of Administrative Hearings shall schedule a hearing on the petition which must be held within 45 days of the receipt of those recommendations. The hearing shall be before the County Commissioners. The County Commissioners may extend the time for holding the hearing by advising the Office of Administrative Hearings that a time extension is necessary.

(7) If the County Commissioners find, after a public hearing on petition for removal, that the property continues to meet the intent of this section, the County Commissioners may reduce the HDO area by removing said part of the HDO and shall cause the change in the overlay to be posted on the official County Zoning Map. After concluding a hearing on a petition, the County Commissioners shall issue their decision within 30 days of the hearing.

(8) If the decision of the County Commissioners is to make such reduction, the County Attorney shall prepare an ordinance to effect that result within five days, and the Zoning Administrator shall cause a change in the map within 30 days of the decision.

(9) If the County Commissioners find, after a public hearing on a petition for removal, that the property continues to meet the intent of this section, no new petition for removal for all or part of the same area may be filed within two years of the final decision by the County Commissioners.

(10) The County Commissioners may extend the time limitations imposed by this section in its sole discretion.

(G) Work permits.

(1) Prior to the construction, alteration, reconstruction, repair, moving, or demolition of any property in the HDO that would involve exterior changes which would affect the historic, archaeological, or architectural significance of such property, which is visible, or is intended to be visible, either wholly or partially, from a publicly maintained municipal, county, or state road or pathway, the person or entity proposing to make such change shall file with the HPC an application for permission to undertake the requested work and receive approval for the requested work from the Commission.

(2) Activities which require a HDO work permit include, but are not limited to:

(a) Repair or replacement of roofs, gutters, siding, masonry, external doors and windows, trim, lights, and other appurtenant fixtures, with different materials or different design;

(b) Removal or relocation of a building, structure, or object, or a visible portion thereof, including outbuildings;

(c) New construction or any enlargement, modification, or alteration of the exterior of an existing building, structure, or object which requires a building permit;

(d) Removal, replacement, or enclosure of porches;

(e) Basic alteration of materials, including installation of siding, shingles, or masonry facing;

(f) Removal or topping of healthy trees which are significant because of their substantial age or size, relationship to a historic structure or event, recognition as an important species, or identification as having unusual or unique character or form; or which have been identified in a survey or inventory of historic structures;

(g) Installation or removal of fencing or fence walls;

(h) Installation or removal of shutters;

(i) New paving, modification of paving materials, or removal of paving;

(j) Removal, installation, modification, or alteration of exterior architectural features;

(k) Exterior sandblasting, water blasting, other abrasive cleaning, or chemical cleaning; and

(l) First-time painting or permanent removal of paint.

(3) All applications for a HDO work permit shall be referred to and considered by the HPC which shall accept or reject the application. The Commission shall act upon a completed application within 45 days from the date that the completed application was filed with the Commission unless an extension of this 45-day period is agreed upon mutually by the applicant and the Commission or unless the application has been withdrawn. No permit for any such construction or change may be granted until the HPC has acted thereon. An application which is identical to the rejected application shall not be resubmitted within a period of one year after the rejection.

(4) Activities which do not require a HDO work permit are the following:

(a) Routine maintenance, as defined in Md. Code, Land Use Article, § 8.01;

(b) Tree trimming or ground vegetation control activities in the vicinity of electric and telephone wires when such work is necessary to the public safety and maintenance of service reliability and is performed by or for a utility according to American National Standards Institute A300 standards or other tree trimming and vegetation control standards set by agreement between the utility and a state or local governmental agency; or

(c) Performance of emergency work on overhead or underground public utility facilities, so long as the area in which such work is performed is returned to substantially the same condition as before performance of the work.

(5) If, after having first attempted to obtain an HDO work permit, the property owner can show that a modification or denial of the proposal will cause undue financial hardship, the property owner may apply for a variance pursuant to § 158.130. The burden of proof is on the property owner to prove that the failure to approve an HDO work permit will result in undue financial hardship or preclude any reasonable use of the property.

(6) All applications for an HDO work permit shall be reviewed by the HPC in accordance with the guidelines and criteria adopted pursuant to division (D)(1)(g) above. Pursuant to Md. Code, Art. 66B, § 8.07, interior features of a structure shall not be considered by the Commission. In addition, in reviewing applications filed under the provisions of division (G)(2) above, the HPC shall give consideration to:

(a) The historic, archaeological, or architectural significance of the site or structure and its relationship to the historic, archaeological, or architectural significance of the surrounding area;

(b) The relationship of the exterior architectural features of a structure to the remainder of the structure and to the surrounding area;

(c) The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used;

(d) Any other factors, including aesthetic and environmental factors, which the Commission deems pertinent; and

(e) In cases of an application for work by a public utility company, the need for the work in order to meet Public Service Commission requirements or to meet public need.

(H) Appeals. Any person aggrieved by any action or decision of the HPC has the right of appeal to the BZA for the county, which shall hold a hearing thereon, and thereafter to the Circuit Court for Carroll County in accordance with the Maryland Rules of Civil Procedure and in accordance with the provisions of Md. Code, Land Use Article.

(Ord. 2019-07, passed 12-12-2019)

§ 158.096 MRO MINERAL RESOURCE OVERLAY.

(A) Purpose. This subchapter provides for the creation of an overlay designation to be placed on the Zoning Maps, consisting of a MR wherein any land uses that preempt resource recovery are prohibited, for a VRA where potentially recoverable mineral resources have been identified and will be protected from preemptive development and for a half-mile MRN surrounding the MR and the VRA in which any development should be clustered away from the resource and notification of potential resource recovery activity is given.

(B) Mineral resource overlay (MRO).

(1) Within the county, there is hereby established an area designated an MRO. This MRO includes areas identified as containing a MR, a VRA, and those areas surrounding the resource, identified

as MRN. This overlay shall exist only in the A District, I-2 or I-1 on the Zoning Maps as adopted or amended. There shall be no new Agricultural Land Preservation Districts created pursuant to the Maryland Agricultural Land Preservation Program on any portion of a parcel assigned an MR or a VRA designation.

(2) The owner of property which is not identified as being within an MR may petition the county to place an MR designation on that person's property subject to the following:

(a) The applicant for an MR designation shall submit for the property a delineation of the extent of the mineral resource as mapped by the Maryland Geologic Survey on the Mineral Resource Quadrangle Maps, scale 1:24,000. The applicant may request a modification of the MR boundaries based upon an analysis performed by a qualified geologist which identifies, locates, and estimates the amount and quality of the resource proposed for recovery. This analysis may include a literature search, well logs, existing geologic maps, flood control studies, historic aerial photographs, or other relevant data.

(b) Lands with an agricultural land preservation easement are not eligible for the MR designation.

(c) To establish the MR boundary, the minimum horizontal distances between the following features and the mapped limit of the resource shall be:

1. One thousand feet from the nearest boundary of a village of historic importance as defined in § 158.152, which has been designated at the time of approval of the petition for the MR boundary.

2. Seven hundred feet from the nearest boundary of an area zoned for residential use (R-40,000, R-20,000, R-10,000, R-7,500) at the time of establishment of the MR boundary.

3. Seven hundred feet from the nearest property lines of schools, hospitals, religious establishments, sewage pumping stations, sewage treatment plants, reservoirs, and water filtration plants which are in existence at the time of establishment of the MR boundary.

(d) In addition to the criteria in § 158.096(B)(2), the Planning Commission may use such additional criteria as it deems applicable in recommending the MR boundary.

(e) The Planning Commission shall review the information submitted by the applicant and make a recommendation to the County Commissioners. The County Commissioners, after holding a public hearing, shall approve, approve with modifications, or deny the petition for an MRO designation.

(3) In a mineral resource recovery area (MR), all uses which are or may be permitted in the underlying zone are prohibited except the following which are regulated as designated in the underlying zone:

(a) Mineral resource recovery operations as defined in § 158.002;

(b) Agriculture as defined in § 158.002;

(c) Commercial and noncommercial nurseries and greenhouses, provided that any greenhouse heating plant, or any building or feeding pens in which farm animals are kept, shall comply with the distance requirements specified in § 158.040;

(d) Borrow pits as defined in § 158.002;

(e) Commercial stables in existing structures;

(f) Manufacture of brick or clay products;

(g) Coal yards;

(h) Copperage works;

(i) The use of heavy machinery for extracting, refining, processing, removing and storing of excavated material, crushing, moving, washing, and screening;

(j) Bituminous concrete (blacktop) mixing plants;

(k) Concrete and ceramic products manufacture, including ready-mix concrete plants;

(l) Cement, lime, gypsum, or plaster of paris manufacturing; and

(m) Public buildings, structures, and properties of the recreational, cultural, administrative, or public service type, including fire, ambulance, or rescue services.

(4) Permitted uses are as follows:

(a) In the MRN, processing operations as defined in § 158.002 shall be a permitted use, provided that the distances outlined in § 158.096(B)(2) are met and provided that the processing operation is contiguous to an extractive operation in an adjacent MR. In the MRN, extractive operations are not permitted.

(b) In the MRN, the uses allowed in the underlying district are permitted, with special recommendations for clustering away from the resource and for notification.

(c) Excavated material stockpile areas are permitted within the approved final site development plan area, and shall always be constructed behind landscaping, berms, and visual buffers.

(d) Landscaping, berms, and visual buffers shall comply with the provisions of the Carroll County Landscape Manual as adopted by § 157.02 of this code.

(5) In a VRA, uses shall be clustered away from the mineral resource when possible. If such clustering is not possible, then a transfer of development rights, as provided for in § 155.090(D), or development of the property as provided for in § 155.050, may occur at the owners’ option.

(C) General regulations for the mineral resource recovery area. Extractive operations are allowed only in an area designated MR; the storage and removal of excavated material is allowed within the approved final site development plan area; processing operations are allowed in the MR, and may be allowed in the MRN, subject to the provisions of § 158.096(B)(4) of this chapter. All mineral resource recovery operations are subject to the following:

(1) Mineral resource recovery operations, except for the storage and removal of excavated material, shall be no closer than 200 feet to all adjoining property lines or any existing or proposed public road right-of-way and 400 feet from any existing principal building on an adjoining property. The Planning and Zoning Commission may increase the distance requirements if it determines that adjacent land uses, geological, hydrogeological, topographical, natural vegetative, or any other environmental feature causes a greater adverse effect at the proposed site than desired.

(2) The minimum setback distances shall not apply to the common boundary where the adjoining lot is used or planned for mineral resource recovery operations. Setbacks on the remaining property lines shall meet the setback requirements in division (C)(1) of this section.

(3) A person engaging in mineral resource recovery operations shall locate and conduct those operations on the site in a way that minimizes visual, auditory, and other sensory effects on surrounding property owners.

(4) Processing operations outside the pit perimeter shall be housed in a covered structure unless the Planning Commission determines, because of specific site conditions, this is unnecessary based on the effects of the use on nearby properties.

(5) The site shall be developed and maintained in compliance with Chapter 157 and the Carroll County Landscaping Manual.

(6) The line of sight shall be interrupted to the extent possible between mineral resource recovery operations and adjacent properties zoned for residential use, or improved by a residential dwelling, so as to reduce the visual intrusion of the operation on adjacent and nearby properties.

(7) All permanent access roads shall be paved for a distance of at least 200 feet from the adjoining public road. The paved cartway width shall be a minimum of 22 feet, and the pavement type must be approved by the Carroll County Department of Public Works, or its success agency. Roads marked on a site plan and approved by the Planning Commission as temporary may be of a stone construction type (i.e., crusher run).

(8) All excavated material stockpile operations and storage shall be conducted in accordance with an approved site plan as set forth in Chapter 155.

(9) When the height of the excavated material stockpiles exceed the height of adjacent landscaping berms for a period of time greater than 12 months, then such stockpiles must be constructed using concurrent reclamation methods.

(10) Hours of operation are as follows:

(a) Extractive operations, and the storage and removal of excavated material, shall be restricted to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 7:00 p.m. Saturday.

(b) Processing operations, and nonextractive related activities (i.e., administrative, maintenance, repair), may be carried out on the premises beyond the allowed hours of operation, provided that the sound level does not exceed the maximum acceptable limit allowed by the state or Chapter 93, Noise.

(c) On Sundays and during atypical business hours, extractive operations will be allowed if expressly permitted by the Zoning Administrator because of an operating emergency or because of local or state need.

(11) The mineral resource recovery operations shall comply with all applicable federal and state air pollution control laws and regulations. In the event of conflict between these laws and regulations, the most restrictive legally applicable law or regulation shall apply. The operator shall control and contain dust to prevent visible emissions from crossing the boundary of the property.

(12) The mineral resource recovery operations shall comply with all federal, state, and local laws regulating water resources management and protection. In the event of conflict between these laws and regulations, the most restrictive legally applicable law or regulation shall apply.

(13) The operator shall provide, prior to beginning a mineral resource recovery operation, a contingency plan for well replacement whenever a public water supply surface intake, public water supply well, or private water supply well is within the zone of influence as designated by the state.

(14) Indenture provisions are as follows:

(a) Prior to the issuance of any Zoning Certificate under this chapter for mineral resource recovery operation, the owner and operator shall enter into an indenture with and provide a satisfactory bond or guaranty to the County Commissioners to ensure compliance with this chapter and the provision of related public improvements, adequate landscaping, fencing, screening, health and safety safeguards, reclamation and restoration plans including regrading, site access, draining, or other treatment as required by this chapter at the completion of the extraction or processing operation. The indenture shall be prepared by the County Attorney, and the bond or guaranty shall be satisfactory to the County Commissioners.

(b) The indenture shall include language discussing the availability of the water pumped in dewatering a site for a public water supply and the use of any resulting reservoir when the site is abandoned for a public water supply.

(c) The indenture shall require the applicant to provide the County Commissioners a copy of all necessary state permits or letters of certification from each state agency that it has completed its review of the proposed mining operations and is prepared to issue its permit before the zoning certificate may be issued.

(d) Prior to the completion of an indenture, the County Commissioners may impose any other condition, limitation, or requirement which they deem necessary, to protect the public health, safety, or welfare of the people of the county.

(15) The reclamation plan shall consider providing for use of any water-filled pits as a public water supply. Other proposed land uses for the reclaimed site shall be detailed. Reclamation plans shall be developed with consideration to the condition of adjoining mineral resource recovery operations.

(16) When the property on which the mineral resource recovery is planned to take place contains a historic structure, or a known archaeological site, any documentation sent to the state concerning the structure shall also be forwarded to the Carroll County Department of Land and Resource Management, or its successor agency, to ensure that the structure and site are surveyed.

(17) All plans for mineral resource recovery operations shall be submitted to the Planning Commission pursuant to the provisions of § 155.050.

(18) Prior to site plan approval, the Planning Commission shall determine the adequacy of transportation facilities on the local land route as detailed in the traffic impact study. If inadequacy is determined by the Planning Commission, the Planning Commission will consult with the County Commissioners and the Director of Public Works, or its success agency, to make a determination as to the extent the public works agreement may be adjusted to include road improvements that would alleviate the inadequacy.

(Ord. 2019-07, passed 12-12-2019; Ord. 2022-03, passed 12-16-2021)

§ 158.097 H HERITAGE DISTRICT.

(A) Applicability. The following regulations and applicable regulations contained in other sections and subchapters shall apply in the H District.

(B) Principal permitted uses. Principal permitted uses shall be as follows:

(1) Agriculture, as defined in this chapter, provided any building or feeding pens in which farm animals are kept shall comply with distance requirements specified in § 158.040;

(2) Religious establishments;

(3) Single-family dwellings and two-family dwellings;

(4) Buildings and properties of a cultural, civic, educational, social or community service type, such as libraries, ponds, playgrounds, and community centers but not warehouses, service garages, and storage yards; and

(5) Conversion of a building existing prior to August 17, 1965 to accommodate two families, provided that the requirements of Chapter 155 as well as the requirements of the Carroll County Health Department are complied with.

(1) Antique and gift shops;

(2) Reestablishment of C-1 and C-2 District type uses on locations where such uses became vacant or discontinued prior to November 12, 1970;

(3) Agricultural uses for the raising of animals for fur, experimental, or other similar purposes, such as rats, rabbits, mice, monkeys, etc., provided that such uses shall be subject to three times the distance requirements specified in § 158.040;

(4) Conversion of existing buildings to accommodate more than two families;

(5) Relocation of businesses existing as of November 12, 1970, to another site within the H District upon application by the legal landowner of record at the location of the existing business use;

(6) Bed-and-breakfast inn, subject to the provisions of § 158.071(D)(6); and

(7) Country inn, subject to the provisions of § 158.071(D)(7).

(D) Accessory uses. Accessory uses shall be those enumerated in § 158.075.02.

(E) Height regulations. Height regulations shall be those enumerated in § 158.075.03.

(F) Bulk requirements.

(1) Bulk requirements. Bulk requirements shall be as follows:

Use	Lot Area	Lot Width	Lot Area per Family
Conditional uses	20,000 sq. ft.	100	-
Dwellings and other principal permitted uses	20,000 sq. ft.	100	20,000 sq. ft.
Religious establishments	2 acres	200	-

(2) Front, rear, and side yard depths. Front minimum setbacks shall be determined on a case-by-case basis by computing the existing front yard depths of adjacent properties as measured from the centerline of the public right-of-way upon which the property borders to the front of the principal building. Minimum front setbacks shall be a distance equal to the shortest front yard depth of the adjacent properties. Side yards must be at least 10% of the width of the lot. Rear yards must be at least 10% of the depth of the lot.

(Ord. 2019-07, passed 12-12-2019; Ord. 2022-20, passed 11-3-2022)

§ 158.098 COMMERCIAL CAMPING AREA.

(A) General regulations. Every commercial camping area shall comply with all sanitary and other requirements prescribed by law or regulations, and the following requirements, unless the following requirements are waived or modified by the Planning Commission:

(1) Every such area where permitted shall be generally located in a wooded area or be screened either by a wooded area or by the natural topography and be at least 1,000 feet from any Residence District, 500 feet from any existing dwelling on adjacent property, or officially designated federal or state numbered highway or county road designated as a primary or secondary highway on the Major Road Plan of Carroll County, 100 feet from any other public road, and 50 feet from any property line in any case.

(2) Each campsite shall have an area of at least 2,000 square feet including parking space for one car, and no camp site shall be closer than 100 feet to any property line. The campsites, together with any nonaccessory buildings, shall not occupy in the aggregate more than 35% of the gross area of the designated camping area.

(3) An adequate water supply having the approval of the Carroll County Health Department shall be provided at one or more convenient locations in every camping area, not less than 150 feet from every site.

(4) Sanitary toilet facilities approved by the Carroll County Health Department shall be provided not more than 600 feet from any site, and if not of a flush-type connection with a sewage disposal unit, such disposal facilities shall be at least 200 feet from all campsites.

(5) Showers or other commonly accepted bathing facilities shall be provided at a ratio of four (two for men, two for women) per 30 campsites at one or more locations, provided that the Planning Commission may waive this requirement when the camping area is of a small primitive type and contains less than 15 campsites.

(6) Sanitary receptacles for the collection and storage of refuse shall be provided at convenient locations to be emptied regularly and the contents disposed of in a sanitary manner.

(7) No vehicular entrance to or exit from any camping area containing more than 15 individual campsites shall be located within 400 feet along the roads of any school, religious establishment, or any institution for children or dependents.

(8) No retail business or merchandising other than that which is subordinate to the operation of the camping areas and intended only for its occupants shall be permitted.

(B) Standards.

(1) Access points. Provision for separating entering and exiting traffic shall be by means of a grassed median or island-type arrangement, unless owing to exceptional or unusual topographic conditions the Planning Commission agrees to an alternate method.

(2) Camping area road/drives. Provision shall be made to limit two-way traffic whenever possible; where necessary, such roads should be a minimum width of 25 feet. One-way roads and drives should be a minimum of 12 feet in width. All roads and drives shall be designed with regard to the topography and constructed and stabilized to withstand all weather, with dust controlled wherever possible.

(3) Clearing. This activity shall be strictly limited in order to retain as much natural cover as possible. In this connection, provision shall be made for stable and level areas or pads on each individual site to safely accommodate camping vehicles and facilities.

(4) Campsite arrangements. Campsites shall be arranged along loop, horseshoe, or daisy-type drives in order to promote the maximum amount of privacy possible to the individual campsite unless an alternate method can be clearly demonstrated to carry out the objective of maximum privacy and adequate design. Open space areas shall effectively separate groups of campsites (usually not exceeding 30) from one another. Each individual campsite shall be numbered and clearly marked on a concrete, redwood, or other acceptable permanent marker and correspond with any approved site development plan.

(5) Fencing and screening. This shall be provided wherever necessary and needed by virtue of topographic or other conditions.

(6) Fire control. In addition to any requirements of state or county fire laws, a fire control plan shall be outlined and submitted for the Planning Commission’s review and consideration. In addition, the site development plan shall indicate fire pits to be provided and designed to discourage indiscriminate fire building throughout the camping area.

(7) Site development plan. Any new commercial camping area or any expansion or modification of an existing commercial camping area shall be subject to the requirements of § 155.050 and the Development Review Manual.