Carroll County Unincorporated
City Zoning Code

SPECIFIC USES

§ 158.150 MOBILE HOMES.

No person shall park, store, or occupy a mobile home (nor allow or permit parking, storage, or occupancy of a mobile home), for living or other purposes, except:

(A) As a temporary accessory use by a licensed contractor in any district for road, commercial, public, or quasi-public construction projects. Such use shall be limited to construction office or storage, and shelter for a caretaker;

(B) In order to provide assistance in the pursuit of agriculture by providing for the shelter of tenant labor necessary for successful operation of agricultural enterprises, or members of an immediate family of the owner of the farm who provide assistance in the operation of the farm, the Zoning Administrator may approve the use of no more than two mobile homes on such a farm, subject to the following conditions:

(1) To provide a home for members of an immediate family of said farm who assist the owner in the operation of the subject farm;

(2) To provide a home for tenant labor employed full time on the farm;

(3) The requirements of the Carroll County Health Department and the Carroll County Construction Codes shall be met;

(4) The mobile home shall be located in the immediate vicinity of and as an integral part of other major farm buildings, and in no case more than 300 feet therefrom, and abide by the setback and side yard requirements of the district in which the property is located;

(5) A farm or any portion thereof that is not actively employed in agricultural production shall not be considered by the Zoning Administrator in connection with a request for the placement of a mobile home thereon. Farms or portions thereof enrolled in United States Department of Agriculture soil bank programs, or similar programs shall be considered inactive and not eligible for consideration under this provision; and

(6) A minimum of 50 acres engaged in the active production of the land shall be required for location of a mobile home under this section, provided that where annual gross sales from the raising of farm products on the premises exceeds $50,000, the minimum acreage requirement shall be 20 acres.

(C) As a nonpaying guest as an accessory use in any district in which the owner of the land may permit parking or occupancy for a period not to exceed one month in any calendar year;

(D) In conjunction with an industrial location as an accessory use in an I-1 or I-2 Districts for such purposes as a caretaker;

(E) Camping or recreational vehicles in any district, as an accessory use, and not used for living or business purposes unless in a bona fide recreational camping area or as specified under division (H) below;

(F) In case of fire or other disaster, one mobile home may be permitted on the same premises with Zoning Administrator approval for living purposes as a temporary use in any district as a supplementary residence for a period of one year from date of establishment. The Zoning Administrator shall consider and may approve any additional extension of time beyond the one-year period;

(G) In the event any existing mobile home is required to be moved, the Zoning Administrator may, in case of proven, extreme hardship, extend such use for a specified temporary period of time; or

(H) In the event of a major rehabilitation or rebuilding of an existing home, one mobile home may be permitted on the same premises with Zoning Administrator approval, for living purposes as a temporary use in any district, subject to the following conditions:

(1) Documentation by the property owner of sufficient evidence to establish the rehabilitation or rebuilding of the home, including but not limited to construction plans, building permits, and approved financing;

(2) The property shall be a minimum of one acre;

(3) The mobile home shall be connected to a private well and septic system;

(4) The temporary use shall not exceed a period of one year;

(5) The mobile home shall be disconnected from the water supply and sanitation and removed from the site within 60 days of issuance of the use and occupancy certificate for the home; and

(6) While being used for living purposes pursuant to this division (H), the mobile home, camper, or recreational vehicle shall be equipped with proper smoke detectors.

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

§ 158.151 SMALL WIND ENERGY SYSTEMS.

(A) Applicability. In order to properly integrate all regulating provisions affecting small wind energy systems, as defined in § 158.002, and to regulate such systems in an orderly and comprehensive manner, it is hereby provided that small wind energy systems are subject to the regulations as set forth herein. The purpose of this subchapter is to oversee the permitting of small wind energy systems, and to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system. These provisions shall apply to all small wind energy systems located in the county.

(B) Standards. A small wind energy system shall be an accessory use in all zoning districts subject to the following requirements:

(1) Setbacks. A wind tower for a small wind energy system shall be set back a distance equal to its total height plus an additional 20 feet from:

(a) Any state or county right-of-way or the nearest edge of a state or county roadway, whichever is closer;

(b) Any right of ingress or egress on the owner’s property;

(d) All property lines; and

(e) Any existing guy wire, anchor, or small wind energy tower on the property.

(2) Access.

(a) All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access; and

(b) The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(3) Electrical wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

(4) Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the small wind energy systems, such as appurtenant structures, shall be limited to that required for safety purposes, and shall be reasonably shielded from abutting properties.

(5) Appearance, color, and finish. The wind generator and wind tower shall remain painted or finished the color or finish that was originally applied by the manufacturer.

(6) Signs. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

(7) Code compliance. A small wind energy system including wind tower shall comply with all applicable construction and electrical codes.

(8) Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with the Public Service Commission (“PSC”) regulations.

(9) Attachment to building. Small wind energy systems may be attached to any building, including guy wires, provided the county approves the submittal of documentation sealed by an engineer licensed by the state showing the proposed connection of the system to the structure and whether any additional reinforcing is required. The county may not be found liable for damage caused by noise or vibration created by the system.

(10) Met towers. Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

(11) Quantity. Each property is eligible for two small wind energy systems only, except properties of at least 50 contiguous acres may be allowed one additional system for an accessory structure only. An accessory structure does not include a detached accessory dwelling on the property.

(1) A small wind energy system that is out-of-service for a continuous six month period will be deemed to have been abandoned. The Zoning Administrator may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond in writing to the notice of abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action, within 30 days from the date of the notice. The Zoning Administrator shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the wind energy system has not been abandoned.

(2) If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator from the wind tower at the owner’s sole expense within three months of the date of notice of abandonment. If the owner fails to remove the wind generator from the wind tower, the Zoning Administrator may pursue a legal action to have the wind generator removed at the owner’

(D) Public Service Commission. In accordance with the Md. Code, Public Utilities Companies Article, § 7-207.1, any property owner seeking to construct a small wind energy system and connect such system to the main power grid with the capability of transporting energy back to their main power

company shall apply to the PSC for approval and provide documentation of such approval to the county prior to construction and being issued a building permit.

(E) Variances. Variances to the distances, restrictions, and standards contained in this subchapter are not permitted.

(F) Noise. All small wind energy systems shall comply with the limitations contained in the County Code, Chapter 93, Noise.

(G) Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter.

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

§ 158.152 VILLAGES OF HISTORIC IMPORTANCE.

(A) Purpose. The intent of this designation is to recognize a town or village as historically important. No parallels exist between this designation and any other historic preservation program. No historic district commissions will be created nor precluded from being created as a result of applying this designation, and no property owners’ rights within the designated area will be affected in any way as a result of this designation. Alterations, conversions, or demolition procedures and regulations are in no way affected by the inclusion of land within this designation.

(B) Designation procedure.

(1) Nominations in writing may be made by a municipality, the Carroll County Historical Society, the Planning Commission, the Carroll County HPC, a local citizen group, or heritage committee.

(2) In submitting a nomination, the applicant shall delineate a boundary for the designation which follows distinguishable physical land features (e.g., roads, fence lines, hedge rows, streams, property lines, easements, or other landmarks).

(3) The Planning Commission staff will prepare a report following a field investigation and study upon the receipt of a nomination and present the report to the Planning Commission for its consideration.

(4) Prior to making a determination and recommendation the Planning Commission shall consider the following:

(a) The number and location of identifiable historic structures and properties and their architectural significance;

(b) Any and all information and documentation that has been provided by the County HPC together with the Planning Commission assessments as to the nomination's historic importance and its recommendation on the nomination; and

(5) In making recommendations to the BZA regarding the location of any boundary for an area being considered for a Village of Historic Importance designation, only that area which the Planning Commission deems to be reasonably and rationally related to the historic structures and properties which form the historic area shall be included.

(6) The Planning Commission may recommend approval, approval with modifications, or disapproval of a nomination to the BZA.

(7) Upon receipt of the Planning Commission's recommendation, the BZA will hold a public hearing on the nomination, together with the report and recommendation of the Planning Commission. All property owners within or contiguous to the boundary of any area under consideration will be notified by first class mail of the date and time of public hearing by the applicant for the Village of Historic Importance designation on forms provided by the county.

(8) The BZA, following public hearing and review, will render a decision as to whether to designate a Village of Historic Importance and make a final determination on the location of the boundaries which form the designation. Any approved designation shall be adopted as an amendment to the Master Plan, and the boundary of such designation shall be accurately represented on the Zoning Map to enable a determination of any applicable distance requirement pursuant to § 158.096(B)(2).

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

§ 158.153 SOLAR ENERGY GENERATING SYSTEMS.

(A) Purpose. The intent of this section is to provide for the safe, effective, and efficient utilization of solar energy generating systems while protecting the rights, health, safety and welfare of adjoining land uses and landowners through appropriate zoning and land use controls.

(B) Roof-mounted accessory use systems. Solar energy generating systems shall be an accessory use when the facility generates electricity in an amount that does not exceed 200% of the electric consumption of the principal use. Facilities functioning as an accessory use shall be permitted in all zoning districts, except the Historic District subject to the following requirements:

(1) Physical size of the system shall be limited to the size of the roof, or roofs of structures.

(2) Canopies over parking areas are considered roof-mounted systems.

(3) The total height of the structure, including all portions of the solar facility, shall comply with the height regulations as set forth in the bulk requirements for the principal use and district in which the use is situated.

(C) Ground-mounted accessory use systems. Solar energy generating systems shall be an accessory use when the facility generates electricity in an amount that does not exceed 200% of the electric consumption of the principal use. Facilities functioning as an accessory use shall be permitted in all zoning districts, except the Historic District subject to the following requirements:

(1) Size limits.

(a) Residential and Conservation Districts. Ground-mounted systems shall be no larger than the square footage of solar panel surface area allowed based on the size of the lot as shown below. If a combination of roof-mounted and ground-mounted systems is utilized, the total solar panel surface area cannot exceed the aggregate square footage of the roof areas on the property on which the system is installed. No variance or waiver to the size or setback requirements of the ground-mounted system is allowed in the Residential Districts. A variance may be requested under § 158.130(F)(1)(j) for lots more than three acres in size in the Conservation District; documentation from a North American Board of Certified Energy Practitioners (NABCEP) certified professional solar panel installer must be included to demonstrate that the total size allowable is inadequate to power 200% of the home and accessory structures based on the previous 12 months of usage and identify the additional size and number of panels needed to meet 200% of the expected energy use. Wall-mounted systems are not permitted. No variance to the size requirements of the ground-mounted system on the lots of three acres or less in the Conservation District is allowed.

Lot Size	Solar Panel Surface Area Maximum Square Footage for Ground-Mounted Systems
Less than or equal to one-half acre	120 square feet
More than one-half acre to one acre	240 square feet
More than one acre to 3 acres	480 square feet
More than 3 acres	Aggregate square footage of the roof, or roofs of structures, situated on the subject property

(b) Agricultural District. The physical size of the system shall be limited to the size of the roof, or roofs of structures, situated on the subject property, when roof-mounted, or no larger than the aggregate of the roof area of all permitted structures on site, when ground-mounted. If a combination of roof-mounted and ground-mounted systems is utilized, the total area cannot exceed the aggregate square footage of the roof areas on the property on which the system is installed. No variance to the size of ground-mounted systems is allowed in the Agricultural District.

(c) Commercial, Industrial, and Employment Campus Districts. ln the C-2 and C-3 Districts, size shall be no larger than the aggregate of the roof area of all permitted structures on site. If a combination of roof-mounted and ground-mounted systems is utilized, the total area cannot exceed the aggregate square footage of the roof areas on the property on which the system is installed. Ground-mounted systems up to 120 square feet may be authorized in the C-1 District. No variance or waiver to the size of ground-mounted systems is allowed.

(2) Setbacks. Ground-mounted facilities shall satisfy the minimum side, front, and rear yard setback requirements for the principal use and district in which the use is situated. There shall be no variance to the front yard setback.

(3) Height limits. Ground-mounted systems may not exceed a total height of ten feet above existing grade.

(D) Principal use systems. Solar energy generating systems shall be a permitted use "P" or prohibited "X" in accordance with the following table:

Solar Energy Generating Systems

Agriculture

Cons.

R-40,000

R-20,000

R-10,000

R-7,500

C-1

C- 2

C-3

I-1

I-2

5 megawatts or less

Greater than 5 megawatts

(E) Solar energy generating systems, development process.

(1) Accessory use solar energy generating systems conforming to § 158.153(B) or § 158.153(C) are permitted on properties with agricultural land preservation easements, but this allowance does not preempt any programmatic policies or restrictions documented in the deed of easement.

(2) Commercial solar energy generating systems producing more than 200% of the baseline annual energy usage of the principal use of the property are prohibited on properties with agricultural land preservation easements in any zoning district unless expressly permitted in the deed of easement.

(3) All ground-mounted solar energy generating systems, including associated buildings and access roads, that cover more than 5,000 square feet of area shall be subject to Chapter 155, Development and Subdivision of Land, including § 155.050 Site Plan Requirements.

(4) Any existing or proposed solar energy generating systems for which a development plan has been submitted and accepted for review prior to November 1, 2024, and any future alterations or expansion shall not be subject to these provisions, but shall be subject to the requirements for solar energy generating systems regulations in effect at the time of the development plan submittal.

(5) Projects proposed in overburdened or underserved communities as defined by § 1-701 of the State Environmental Article and identified by the Maryland Department of the Environment shall require the developer to hold at least two public meetings in the community where the solar energy generating system is to be constructed to collect community feedback and provide opportunities to address community feedback.

(6) Solar energy generating systems greater than five megawatts are not permitted in Designated Growth Areas.

(F) Solar energy generating systems, site requirements for all zoning districts. Requirements do not apply to roof-mounted unless otherwise noted.

(1) Setbacks and distances.

(a) Setbacks shall be a minimum of 100 feet from the proposed development’s property boundaries including rights-of-way.

(b) Setbacks are measured from property boundary to solar panels and/or structures associated with the solar facility. They do not apply to landscaping, fencing, wiring, or power lines.

(c) Solar panels and/or structures associated with the solar facility shall not be located within 150 feet of the nearest wall of a residential building.

(d) No variances to setback or distance requirements are permitted.

(2) Height Limits.

(a) No portion of a ground-mounted system shall exceed a total height of 15 feet above grade. A variance may be approved by the Zoning Administrator when agricultural co-location or agrivoltaics are proposed.

(3) Location and appearance. Solar energy generating systems should minimize visual impact to adjoining properties and properties of historic and scenic significance.

(a) All solar generating panels and accessories are to be sited down slope from ridge lines, toward the interior of the property whenever possible.

(b) The siting of solar energy generating systems should avoid visual corridors that are scenic viewsheds or scenic areas from sites of significant interest, scenic roads, or historic resources.

(c) To the extent possible, panels and accessories shall use materials, colors, and textures that blend the facility into the existing environment.

(d) Ground-mounted systems may not be affixed to a block wall or a fence.

(4) Signs.

(a) A sign, not to exceed four square feet, shall be clearly visible and posted at each entrance to the solar energy generating system site to identify the property owner, the solar energy generating system operator, and the 24-hour emergency contact phone number. Information on the sign shall be kept current.

(b) Placards shall be posted to identify the location of the AC power supply emergency disconnects. All other signage required by the electrical, building, or fire code shall be posted as required.

(d) The site, fencing, or barriers shall not be used to display any advertisements.

(5) Glare. Applies to principal and accessory use solar energy generating systems.

(a) Glare must be mitigated away from adjoining properties and adjacent roads. All solar panels used shall utilize glare-mitigation technology.

(b) A glare hazard analysis, certified by the installer prior to installation, is required to assess the impacts of glare, and if applicable, a plan to mitigate any glare hazard with additional screening shall be provided.

(6) Electrical Connections. Applies to all solar energy generating systems, including roof-mounted facilities.

(a) All electrical components and wiring must be Underwriter Laboratories certified, carry the UL trademark label, and meet current National Electrical Code requirements. All systems must meet all applicable construction and electrical codes.

(b) Reasonable efforts shall be made to place all utility connections from the solar installation underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(c) Prior to interconnection with the local utility grid, a copy of the conditional approval from the local utility must be provided to, or at the time of, permit application.

(d) A copy of the signed certificate of completion from the utility company shall be provided prior to occupancy permit issuance.

(e) Energy storage devices associated with solar generating facilities are considered an accessory use to the solar generating facility and not subject to the energy storage device requirements in § 158.153.01. Energy storage devices must be placed in a secure container or enclosure per manufacture's specifications and screened from view.

(f) Developer shall provide notice to the Department of Fire and EMS of the proposed solar energy generating facility including a map of the generating station and the location of any solar collector or isolator switch.

(7) Vegetative Stabilization.

(a) Grading and the removal of topsoil shall be minimized to the maximum extent practicable, and all topsoil shall remain on site unless otherwise addressed in the decommissioning plan.

(b) Areas under and around the solar panels shall be planted in native grasses or in pollinator-friendly habitat or a combination thereof. Exceptions can be made if a plan is submitted for review and approval related to the agricultural co-use of the area.

(c) Ground cover, grass, and other non-buffer vegetation shall be maintained and not exceed a height of 36 inches at any time except as required for management of pollinator-friendly vegetation. Excessive mowing and other unnecessary landscaping shall be limited. The use of herbicide is not permitted except to control invasive species in compliance with the Department of Agriculture's weed control program.

(d) To the extent practicable, ground cover shall be established prior to installation of solar panels.

(e) The operator or property owner shall enter into a surety agreement with the county to provide adequate guaranty to the county in the form of an irrevocable letter of credit, or other security approved by the county. The guaranty shall ensure the establishment of the plantings in an amount determined by the county.

(f) Following inspection and verification of a 90% survival rate, 50% of the planting surety may be released five years after installation. If a 90% survival rate is not met, the operator or property owner shall address the affected areas, and no surety will be released at that time. Remaining surety will be held for an additional two years. Upon inspection and verification of a 90% survival rate, the remaining surety may be released. If a 90% survival rate is not observed following seven years from installation, the county may continue to hold 50% of the original surety until reasonable mitigation is performed.

(g) Vegetation shall be maintained with a 90% survival threshold for the life of the solar energy generating system through a maintenance agreement that includes a watering plan.

(8) Fencing.

(a) The solar energy generating system shall be enclosed by a security fence that is located between the landscaped buffer and the facility. Fence shall be no closer than 50 feet to any public road right-of-way.

(b) The fence shall be a minimum of six feet and a maximum of 20 feet in height and suitable to prevent unauthorized access.

(c) The fence shall be constructed to meet any applicable state and federal rule or standard addressing the physical security of the power system facilities.

(d) Fencing shall be constructed of quality materials and opaque in nature to assist in screening. If chain link fencing is proposed, it shall only be black or green vinyl mesh.

(e) The use of barbed wire is prohibited, except surrounding substations or other critical infrastructure.

(9) Buffer.

(a) A landscaped buffer specified in a landscape plan prepared by a qualified professional landscape architect or qualified landscape designer shall be provided along all property lines or along the exterior of the solar array. The buffer must be designed to provide four-season visual screening of the solar facility and include multi-layered, staggered rows of major and minor trees and shrubs that are a mix of evergreen and deciduous vegetation, with an emphasis on species native to Carroll County.

(b) Buffer shall conform with the plant quantity requirements of § 157.20(C) of the Carroll County Maryland Code of Public Local Laws and Ordinances. Buffers shall be a minimum of 35 feet wide. Planting units (PU) shall be generated at one PU per ten linear feet of area to be screened. Existing buffers of wooded vegetation 50 feet or more in width located on the subject property may be determined to meet the required buffer.

(d) Shrubs shall be a minimum of three-gallon container stock and at least 24 inches in height at installation.

(e) If forest or hedgerows exists where screening or buffering is required, it must be preserved to the maximum extent practicable and supplemented with new plantings where necessary to provide the required screening or buffering.

(f) Buffers shall be installed in accordance with best management practices to ensure growth and plant materials survival.

(g) All required buffers shall be preserved and maintained to effectively provide visual screening year-round with full screening or buffering achieved within five years of planting. Dead or dying buffer materials shall be replaced with similar plant materials on an annual basis.

(h) Following inspection and verification of a 90% survival rate, 50% of the planting surety may be released five years after installation. If a 90% survival rate is not met, the operator or property owner shall address the affected areas, and no surety will be released at that time. Remaining surety will be held for an additional two years. Upon inspection and verification of a 90% survival rate, the remaining surety may be released. If a 90% survival rate is not observed following seven years from installation, the county may continue to hold 50% of the original surety until reasonable mitigation is performed.

(i) Buffer landscape shall be maintained with a 90% survival threshold for the life of the solar energy generating system through a maintenance agreement that includes a watering plan.

(10) Lighting.

(a) Proposed exterior lighting shall be submitted on a lighting plan for review as part of the site plan process.

(b) Lighting of the solar energy generating system and associated structures shall be limited to the minimum necessary for safety and operational purposes and shall be reasonably shielded from abutting properties.

(c) Lighting shall be activated by motion sensors and shall be shielded and downcast to prevent light from shining onto adjacent parcels, roads, or into the night sky.

(11) Access.

(a) Fire apparatus access roads leading to all ground-mounted solar energy generating systems shall have an improved surface with an unobstructed width of 18 feet.

(b) No variances to the access road width are permitted.

(12) Decommissioning.

(a) A decommissioning plan shall be submitted for review and approval by the Zoning Administrator as part of the site plan approval process.

(b) The operator or property owner shall provide written notice by certified mail to the Zoning Administrator whenever the solar energy generating system is out of active production for more than six months. Any facility that ceases to produce electricity for 12 months shall be considered abandoned.

(c) The operator or property owner shall either recommence production of electricity and schedule a site inspection with the Zoning Administrator to verify that all use requirements are intact or shall initiate decommissioning of the site.

(d) The operator or property owner shall notify the Zoning Administrator by certified mail of plans to decommission a solar energy generating system, including the proposed date of discontinued operation.

(e) A decommissioned site shall be restored to its original predevelopment condition within 12 months of the proposed date of discontinued operation or abandonment.

(f) Failure to comply with the requirements of this section shall authorize, but not require, the county to remove the solar energy generating system and restore the site to its predeveloped condition at the expense of the property owner.

(g) Prior to issuance of a building permit, the operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form acceptable to the county or the Public Service Commission to secure payment of 125% of the anticipated cost of removal of associated site improvements and restoration of the site to its predevelopment condition. The financial assurance will be reviewed and approved by the Zoning Administrator and shall remain in full force and effect while the solar energy generating system remains in place. The financial assurance shall be established with automatic renewals.

(h) The county may review the amount of security every five years and increase or decrease the amount required if the county determines, in its sole discretion, that the posted security no longer equals 125% of the decommissioning cost.

(i) Notice must be provided to the County within 30 days of the sale or transfer of the lease or property, and a new financial guarantee must be provided by the new lease holder or property owner.

(j) Use of the surety may be used to repair unsafe or hazardous conditions or decommissioning.

(k) Restoration to predevelopment conditions shall be documented in the decommissioning plan and include:

1. Removal of all above and below ground solar electric systems, buildings, cabling, electrical components, foundations, pilings, and any other associated facilities.

2. Disposal of all solid and hazardous waste shall be in accordance with local, state, and federal waste disposal regulations.

3. Removal of all concrete pads, graveled areas, fences, and access roads unless agreement is presented, in writing, in which the property owner agrees for these features to remain.

4. Removal of substations, overhead poles, and/or aboveground electric lines located on-site or within a public right-of-way that are not usable by any other public or private utility.

5. Replacement of topsoil removed or eroded.

6. Stabilization of the site with approved vegetative cover unless the property owner requests in writing not to revegetate due to plans to produce agricultural crops.

7. Onsite burial of any material associated with the solar energy generating system during restoration of the site to predevelopment conditions is prohibited.

(Ord. 2021-04, passed 5-15-2021; Ord. 2022-18, passed 11-22-2022; Ord. 2023-04, passed 7-13-2023; Ord. 2024-04, passed 5-16-2024; Ord. 2024-10, passed 12-5-2024; Ord. 2025-06, passed 10-9-2025) Penalty, see § 158.999

§ 158.153.01 ENERGY STORAGE DEVICES, FRONT OF THE METER.

(A) Purpose. The intent of this section is to provide for the safe, effective, and efficient utilization of front of the meter energy storage devices while protecting the rights, health, safety and welfare of adjoining land uses and landowners through appropriate zoning and land use controls.

(B) A front of the meter energy storage device may not be constructed without approval by the Maryland Public Service Commission in accordance with regulations adopted in the Maryland Public Utilities Article.

(1) Energy storage devices shall conform with most current version of National Fire Protection Association Standard 855.

(2) Developer shall coordinate emergency response requirements with the Department of Fire and EMS. Any required specialized training or equipment shall be provided to the Department of Fire and EMS by the developer.

(D) Front of the meter energy storage device site requirements for all zoning districts.

(1) Setbacks and distances.

(a) Setbacks shall be a minimum of 100 feet from the proposed development’s property boundaries including rights-of-way.

(b) Setbacks are measured from property boundary to structures associated with the facility. They do not apply to landscaping, fencing, wiring, or power lines.

(d) No variances to setback or distance requirements are permitted.

(2) Signs.

(a) A sign, not to exceed four square feet, shall be clearly visible and posted at each entrance to the energy storage device site to identify the property owner, the system operator, and the 24-hour emergency contact phone number. Information on the sign shall be kept current.

(b) All other signage required by the electrical, building, or fire code shall be posted as required.

(d) The site, fencing, or barriers shall not be used to display any advertisements.

(3) Electrical connections.

(b) Reasonable efforts shall be made to place all utility connections from the energy storage devices underground. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

(c) Prior to interconnection with the local utility grid, a copy of the conditional approval from the local utility must be provided to, or at the time of, permit application.

(d) A copy of the signed certificate of completion from the utility company shall be provided prior to occupancy permit issuance.

(4) Vegetative stabilization.

(a) Grading and the removal of topsoil shall be minimized to the maximum extent practicable, and all topsoil shall remain on site.

(b) The use of herbicide is not permitted except to control invasive species in compliance with the Department of Agriculture's weed control program.

(5) Fencing.

(a) The energy storage device shall be enclosed by a security fence that is located between the landscaped buffer and the facility. Fence shall be no closer than 50 feet to any public road right-of-way.

(b) The fence shall be a minimum of seven feet and a maximum of 20 feet in height and suitable to prevent unauthorized access.

(c) The fence shall be constructed to meet any applicable state and federal rule or standard addressing the physical security of the system facilities.

(d) Fencing shall be constructed of quality materials and opaque in nature to assist in screening. If chain link fencing is proposed, it shall only be black or green vinyl mesh.

(e) The use of barbed wire is prohibited, except surrounding substations or other critical infrastructure.

(6) Buffer.

(a) A landscaped buffer specified in a landscape plan prepared by a qualified professional landscape architect or qualified landscape designer shall be provided along all property lines or along the exterior of the energy storage device. The buffer must be designed to provide four-season visual screening of the facility and include multi-layered, staggered rows of major and minor trees and shrubs that are a mix of evergreen and deciduous vegetation, with an emphasis on species native to Carroll County.

(b) Buffer shall conform with the plant quantity requirements of § 157.20(C) of the Carroll County Maryland Code of Public Local Laws and Ordinances. Buffers shall be a minimum of 25 feet wide. Planting units (PU) shall be generated at one PU per ten linear feet of area to be screened. Existing buffers of wooded vegetation 50 feet or more in width located on the subject property may be determined to meet the required buffer.

(d) Shrubs shall be a minimum of three-gallon container stock and at least 24 inches in height at installation.

(f) Buffers shall be installed in accordance with best management practices to ensure growth and plant materials survival.

(i) Buffer landscape shall be maintained with a 90% survival threshold for the life of the solar energy generating system through a maintenance agreement that includes a watering plan.

(7) Lighting.

(a) Proposed exterior lighting shall be submitted on a lighting plan for review as part of the site plan process.

(b) Lighting of the energy storage device and associated structures shall be limited to the minimum necessary for safety and operational purposes and shall be reasonably shielded from abutting properties.

(c) Lighting shall be activated by motion sensors and shall be shielded and downcast to prevent light from shining onto adjacent parcels, roads, or into the night sky.

(8) Access.

(a) Fire apparatus access roads leading to all energy storage device sites shall have an improved surface with an unobstructed width of 18 feet.

(b) No variances to the access road width are permitted.

(9) Decommissioning.

(a) A decommissioning plan shall be submitted for review and approval by the Zoning Administrator as part of the site plan approval process.

(b) The operator or property owner shall provide written notice by certified mail to the Zoning Administrator whenever the energy storage device is out of active production for more than six months. Any facility that ceases to function for 12 months shall be considered abandoned.

(c) The operator or property owner shall either recommence function and schedule a site inspection with the Zoning Administrator to verify that all use requirements are intact or shall initiate decommissioning of the site.

(d) The operator or property owner shall notify the Zoning Administrator by certified mail of plans to decommission an energy storage device, including the proposed date of discontinued operation.

(e) A decommissioned site shall be restored to its original predevelopment condition within 12 months of the proposed date of discontinued operation or abandonment.

(f) Failure to comply with the requirements of this section shall authorize, but not require, the county to remove the energy storage device and restore the site to its predeveloped condition at the expense of the property owner.

(g) Prior to issuance of a building permit, the operator or property owner shall provide a bond, surety, letter of credit, or other financial assurance in a form acceptable to the county or the Public Service Commission to secure payment of 125% of the anticipated cost of removal of associated site improvements and restoration of the site to its predevelopment condition. The financial assurance will be reviewed and approved by the Zoning Administrator and shall remain in full force and effect while the energy storage device remains in place. The financial assurance shall be established with automatic renewals.

(i) Notice must be provided to the county within 30 days of the sale or transfer of the lease or property, and a new financial guarantee must be provided by the new lease holder or property owner.

(j) Use of the surety may be used to repair unsafe or hazardous conditions or decommissioning.

(k) Restoration to predevelopment conditions shall be documented in the decommissioning plan and include:

1. Removal of all above and below ground energy storage devices, buildings, cabling, electrical components, foundations, pilings, and any other associated facilities.

2. Disposal of all solid and hazardous waste shall be in accordance with local, state, and federal waste disposal regulations.

3. Removal of all concrete pads, graveled areas, fences, and access roads unless agreement is presented, in writing, in which the property owner agrees for these features to remain.

4. Removal of substations, overhead poles, and/or aboveground electric lines located on-site or within a public right-of-way that are not usable by any other public or private utility.

5. Replacement of topsoil removed or eroded.

6. Stabilization of the site with approved vegetative cover unless the property owner requests in writing not to revegetate due to plans to produce agricultural crops.

7. On-site burial of any material associated with the energy storage device during restoration of the site to predevelopment conditions is prohibited.

(10) Material handling. All activities including the removal and disposal of materials shall be performed in accordance with local, state, and federal material handling and waste disposal regulations.

(Ord. 2025-06, passed 10-9-2025)

§ 158.154 ADULT ENTERTAINMENT BUSINESS, MASSAGE ESTABLISHMENT, OR STRIPTEASE BUSINESS.

(A) An adult entertainment business, a massage establishment or a striptease business may not be located within 1,000 feet of:

(1) A religious establishment;

(2) A public or private school;

(3) A public park or public recreational facility;

(4) A public library;

(5) A childcare home, childcare institution, or family day care home licensed or registered under state law; or

(6) A lot zoned residentially or devoted primarily to residential use.

(B) An adult entertainment business, a massage establishment or a striptease business may not be located within 2,500 feet of another adult entertainment business, massage establishment or striptease business.

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

§ 158.155 JUNKYARDS.

A junkyard may be authorized by conditional use, provided that:

(A) The area used shall not exceed five acres;

(B) The uses shall be totally enclosed with adequate fencing; and

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

§ 158.156 INDUSTRIAL PARK.

(A) An Industrial Park is a self-contained development area of at least ten acres that is cohesive, with a common development scheme, and approved as a single development plan.

(1) An Industrial Park is permitted in the I-1 District, and principal uses include all uses permitted by right or authorized by conditional use in the I-1 District, except the following:

(a) Airport;

(b) Bus terminal;

(d) Contractor’s equipment storage facility;

(e) Oil contaminated soil facility;

(f) Solar energy generating systems, ground-mounted; and

(g) Storage of sludge.

(2) Additional principal uses permitted may include uses permitted by right or authorized by conditional use in the Commercial Districts, provided that these uses and the supporting parking lot area collectively comprise no more than 20% of the land area of the entire Industrial Park. However, the following uses permitted in the Commercial Districts are prohibited in an Industrial Park:

(a) Adult day care facility;

(b) Assisted living facility;

(d) Commercial kennel;

(e) Retail store greater than 25,000 square feet in size;

(f) Crematorium;

(g) Drug rehabilitation clinic;

(h) Dwellings;

(i) Funeral establishment;

(j) Hospice facility;

(k) Hospital;

(l) Indoor theater;

(m) Nursing home;

(n) Outdoor drive-in theater;

(o) Outdoor recreation;

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

(q) Self-service storage facility;

(r) Tattoo or piercing establishment;

(s) Vehicle repair; and

(t) Vehicle sales.

(3) The following principal uses are also permitted by right in an Industrial Park, without being subject to the percentage limitations above:

(a) Conference center;

(b) Hotel; and

(4) The following temporary use is prohibited in an Industrial Park: Flea market.

(5) Multiple nonindustrial accessory uses may be permitted, provided that no accessory use shall exceed 5,000 square feet, except a day care center or health club, which may be up to 6,000 square feet, and provided that, in aggregate, the nonindustrial accessory uses do not exceed 10% of the acreage of the entire Industrial Park. To the extent that this section conflicts with § 158.083(B)(2), the provisions of this section shall prevail.

(6) Landscaping, signs, walkways, and parking will be provided in an integrated and harmonious design.

(7) An Industrial Park shall be permitted to subdivide at the option of the developer.

(8) An average of 2.3 parking spaces per 1,000 square feet of building area shall be provided for lots within an Industrial Park. The minimum number of spaces as required herein and any modifications to the parking space design standards, as previously approved by the Planning Commission during the site development plan approval of the Industrial Park, shall supersede any parking requirements and design standards of Chapter 155.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-17, passed 11-22-2022; Ord. 2024-10, passed 12-5-2024)

§ 158.157 ABOVE GROUND STORAGE OF PETROLEUM PRODUCTS.

Above ground petroleum products storage tanks, any one of which has the capacity in excess of 2,000 gallons, may be approved provided that all county, state and federal laws, as well as NFPA codes are complied with. The storage of petroleum products shall comply with setback requirements as specified by NFPA, but not less than 100 feet from all property lines.

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

§ 158.158 SELF-SERVICE STORAGE FACILITY.

Self-service storage facilities may be permitted in the C-2 and C-3 Districts, and authorized by conditional use in the I-1 District if located within a sustainable community, subject to the following requirements:

(A) Maximum individual storage unit height shall be 15 feet.

(B) Maximum area of each individual storage unit shall be 500 square feet.

(C) The front building facade shall be designed, constructed, and maintained to be visually compatible with the neighborhood and surrounding properties.

(D) A business office may be located on site, and the required parking spaces for employees shall be located adjacent to the business office. Required parking may not be rented, used for storage of vehicles, or other storage.

(E) Areas providing access between storage units and areas designed for two-way vehicular traffic shall be 20 feet wide. One-way vehicular traffic aisles with units on one side may be 15 feet wide. Access aisles and storage units shall be designed and located to provide maneuvering space for emergency vehicles.

(F) All outdoor lighting must be shielded and focused to direct light onto the premises and away from adjoining properties.

(G) All structures, storage units, commercial parking areas, accessory vehicle storage areas, aisles, security fences, or walls, except the front building facade, shall be screened from view off site.

(H) The site shall not be used for any activity or use except storage as specified herein.

(I) Flammable, toxic, or explosive materials or hazardous chemicals shall not be stored on site; provided, however, that fuel contained in standard fuel tanks of boats or vehicles which are themselves stored on site is allowed. Standard fuel tanks for purposes of this section are those tanks which were designed for the specific vehicle by the manufacturer of the vehicle.

(J) Signs shall be permitted in compliance with §§ 158.110 through 158.114, except that temporary signs, signs that relate to off-premises uses, or signs which exceed 50 square feet in area are prohibited.

(K) Landscaping shall be provided in accordance with Chapter 157 of the Carroll County Code.

(Ord. 2019-06, passed 12-12-2019; Ord. 2021-07, passed 6-3-2021)

§ 158.159 BUSINESS PARK.

A Business Park is a self-contained development area of at least ten acres that is cohesive, with a common development scheme, and approved as a single development plan.

(A) A Business Park is permitted in the C-3 District, and principal uses include all uses permitted by right or authorized by conditional use in the C-3 District, except the following:

(1) Cemetery or mausoleum;

(2) Crematorium;

(3) Funeral establishment;

(4) Outdoor drive-in theater; and

(5) Self-service storage facility.

(B) Additional principal uses may include uses permitted by right or authorized by conditional use in the I-1 District, except an oil-contaminated soil facility, provided that these uses and the supporting parking lot area collectively comprise no more than 20% of the land area of the entire Business Park.

(C) Dwellings may also be permitted in a Business Park, provided that the total developed area for dwellings collectively comprises no more than 20% of the total land area of the Business Park development.

(D) The Planning Commission shall require phasing of construction of the residential portion of the Business Park to ensure that this component is in support of the primary employment uses.

(E) Landscaping, signs, walkways, and parking will be provided in an integrated and harmonious design.

(F) A Business Park shall be permitted to subdivide at the option of the developer.

(G) An average of 3.5 parking spaces per 1,000 square feet of building area shall be provided for the lots within a Business Park. The minimum number of spaces as required herein and any modifications to the parking space design standards, as previously approved by the Planning Commission during the site development plan approval of the Business Park, shall supersede any parking requirements and design standards of Chapter 155 and Chapter 158.

(Ord. 2019-06, passed 12-12-2019; Ord. 2022-17, passed 11-22-2022; Ord. 2024-11, passed 12-5-2024)

§ 158.160 FAIRGROUNDS, RACETRACKS, OR COURSES.

Fairgrounds, racetracks, or courses for the conduct of seasonal or periodic meets of horses, dogs, aircraft, automobiles, motorcycles, off-road vehicles, and the like, may be authorized by conditional use provided that a site development plan shall be approved by the Planning Commission to demonstrate how the use will be conducted and operated so as not to adversely affect the natural resources.

(Ord. 2022-20, passed 11-3-2022)

§ 158.161 RETIREMENT VILLAGE.

The authorization of conditional use for a retirement village shall be subject to prior concept site development plan and traffic study review and determination of density, exterior design, and site layout by the Planning Commission. The determination of density shall not be increased at any subsequent site plan reviews.

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

§ 158.162 LIVESTOCK SALES YARDS AND BUILDINGS.

A livestock sales yard and buildings may be authorized by conditional use in the Agricultural District, provided that:

(A) The area used shall be a minimum of ten acres; and

(B) A minimum front yard of 400 feet is provided.

(Ord. 2022-20, passed 11-3-2022)

§ 158.163 BED AND BREAKFAST.

A bed and breakfast may be authorized by conditional use in the Agricultural or Conservation District, provided that:

(A) The primary use of the structure and property shall be residential;

(B) Interior residential features shall be retained in a manner which allows reconversion to a residential use;

(D) Parking shall be provided on site with one additional space required for each room that is available to be rented;

(E) Other than an authorized sign, the bed-and-breakfast use shall be shown to be compatible with the neighborhood and shall be maintained and landscaped to eliminate outward signs of transient use;

(F) Meals shall be served only to customers who are actually using the accommodations overnight, nonpaying residents, or their bona fide guests;

(G) No more than one nonresident person may be employed on the premises; and

(H) A bed-and-breakfast shall not have any sign or other evidence of its use except one sign not exceeding two feet by three feet in area, which may be double-faced and illuminated.

(Ord. 2022-20, passed 11-3-2022)

§ 158.164 RETREAT FACILITY.

A retreat facility may be authorized by conditional use, provided that:

(A) A site development plan shall be approved by the Planning Commission;

(B) The use shall be located on a property of not less than five acres;

(D) In the Agricultural District, such use shall be designed to preserve the maximum amount of land for agricultural purposes; and

(E) In the Conservation District, such use shall be designed to preserve the maximum amount of conservation features.

(Ord. 2022-20, passed 11-3-2022)

§ 158.165 RUBBLE LANDFILLS.

A rubble fill may be authorized by conditional use, subject to the following requirements, conditions, and limitations;

(A) The use shall not be allowed unless authorized by valid permits issued by all governmental agencies which require a permit for any part of the activity or use performed;

(B) Unless a valid close out permit has been issued and maintained for the site, termination or revocation of any permit required by the preceding section terminates any authority granted hereunder and constitutes a violation of this chapter;

(D) Prior to beginning to use any property for this use, the owner shall enter into an indenture with the County Commissioners which guarantees that all of the requirements of this chapter and any permit required to conduct the use are met and further guarantees that the cost of eliminating any nuisance created by the rubble landfill, including fires, shall be borne by the property owner, and the owner shall provide a bond or other suitable guaranty to the County Commissioners (in the discretion of the County Commissioners) to ensure the proper use of the property and performance of the covenants contained in the indenture. For purposes of this section, the County Commissioners may include any provisions in the indenture it deems necessary to protect the health, safety, and welfare of the people of the county, and the County Commissioners shall be the sole arbiters of what constitutes a nuisance.

(Ord. 2022-20, passed 11-3-2022)

§ 158.166 COMMERCIAL WOOD PROCESSING.

Commercial wood processing, including processing, storage, and sale at retail and wholesale, may be authorized by conditional use, provided that a site development plan shall be approved by the Planning Commission, and subject to the following conditions:

(A) The use shall not be located within 600 feet from any property line;

(B) The use shall be shown by the owner not to adversely affect the quantity or quality of groundwater or surface waters, or be otherwise detrimental to neighboring properties;

(C) The BZA may limit the intensity of use on the site based on factors, including but not limited to the proximity to a public water supply and adequacy of access to the site;

(D) The BZA may require an environmental impact study based on the scale of the project and on the recommendation of technical staff;

(E) The BZA shall limit the hours and days of operations; and

(F) No zoning certificate shall be issued until documentation of all necessary permits or exemptions from state and county agencies are presented to the Zoning Administrator.

(Ord. 2022-20, passed 11-3-2022)

§ 158.167 AGRICULTURAL RESEARCH LABORATORY IN THE AGRICULTURAL DISTRICT.

An agricultural research laboratory may be authorized by conditional use in the Agricultural District, provided that:

(A) The facility is located on a lot at least 25 acres in size. The lot size may be reduced if the BZA finds that the nature and scale of the operation can be appropriately accommodated, and

(B) Provided that a site development plan shall be approved by the Planning Commission.

(Ord. 2022-20, passed 11-3-2022)

§ 158.168 FARM ALCOHOL PRODUCER.

A farm alcohol producer may be authorized by conditional use, subject to the following requirements, conditions, and limitations:

(A) The primary use of the property shall continue to be agricultural in nature and any commercial aspects of this use shall not be used solely to warrant or justify the assignment of future land use designations or rezoning petitions.

(B) A farm alcohol producer must have a valid Class 4 limited winery, Class 8 farm brewery, or Class 1 distillery Maryland alcohol manufacturer license, or as may be amended.

(C) The alcoholic beverage shall be manufactured with an ingredient from a Carroll County agricultural product produced on the licensed farm. If Maryland Department of Agriculture determines for the calendar year that an insufficient supply of Maryland agricultural products exist, a farm alcohol producer may use agricultural products from outside Carroll County or outside the state to manufacture its alcohol products.

(D) The farm alcohol producer may purchase bulk beverage fermented, brewed, or distilled by a licensed alcohol manufacturer and blend the beverage with the farm alcohol producer's alcoholic beverage, if the aggregate purchase does not exceed 25% of the farm alcohol producer's annual beverage production.

(E) All associated structures shall be subject to a 200-foot front, rear, and side yard setback.

(F) Accessory uses at the farm alcohol producer are permitted, as outlined in § 158.071.02. The floor area for beverage tasting, sales of alcohol produced on-site or other non-alcoholic beverages, accessory food sales related to the beverage tasting, and retail sales facility for sale of novelty and gift items related to the beverage shall not exceed the on-site floor area being used for production and storage of such beverage. Sales of non-agricultural products shall be limited to no more than 25% of the floor area of the entire retail sales facility.

(G) TOURS AND TASTINGS means tours of the farm alcohol producer and/or tastings of beverages produced by the farm alcohol producer during the operating hours prescribed in the license. The farm alcohol producer may prepare, sell, and serve food in accordance with the provisions outlined in the farm alcohol producer's state license, and must also obtain appropriate licensing and approvals from the Carroll County Health Department.

(H) Storage of beverages produced on the property is allowed.

(I) A Health Department food service license is required if food is served.

(J) Health Department approval for water supply and wastewater disposal systems is required. For farm alcohol producer facilities served by individual on-site sewage disposal systems (OSDS), the OSDS must provide adequate treatment and hydraulic capacity for the proposed or intended use.

(K) Approval is required from the Bureau of Permits and Inspections for the use of any structures by the public, including sanitation facilities, as outlined in Chapter 170, Construction Codes.

(L) All vehicles parked must be parked on an approved property and may not be parked on public roads or rights-of-way.

(M) Any on-site event or activity at a farm alcohol producer that is expected to exceed site plan approval is considered a temporary/seasonal use and shall obtain a temporary zoning certificate from the Zoning Administrator by submitting a simplified application form as prescribed by the Zoning Administrator.

(N) Those events or activities which require a temporary zoning certificate are subject to the following additional conditions and requirements:

(1) The event or activity is intended to assist in the sale and direct marketing of alcoholic beverages produced by a Carroll County farm alcohol producer;

(2) The event or activity must be clearly incidental, related, and subordinate to the farm alcohol producer's agricultural farming product and must be consistent with state manufacturing license requirements;

(3) The event or activity must comply with the provisions of Chapter 93, Nuisances, Noise;

(4) The event or activity requires a temporary zoning certificate subject to the provisions of § 158.048 and must be consistent with state manufacturing license requirements. Multiple events may be approved under one temporary zoning certificate. Modifications and additions to an approved temporary zoning certificate may occur with the prior approval of the Zoning Administrator;

(5) A temporary food permit license must be approved by the Health Department; and

(6) Approval of a zoning certificate for a temporary use will be determined on a case-by-case basis depending on individual site conditions and the applicant's demonstration that potential impacts to neighboring properties will be adequately addressed and minimized, including, but not limited to, access and traffic impacts, off-street parking, availability of water and sanitation facilities, and anticipated noise levels. The Zoning Administrator may revoke the temporary zoning certificate for a temporary/seasonal use if the use constitutes a nuisance because of noise, traffic, trash, or other cause.

(O) Banquet and meeting facilities.

(1) The BZA may also authorize, in conjunction with a farm alcohol producer, facilities and catering for private events, such as banquets, weddings, receptions, and reunions.

(2) Events at these facilities shall not be open to the public.

(3) Food must be provided and served by a licensed caterer.

(4) Site plan approval is required.

(P) No variances of the above requirements may be granted, with the exception of those provisions specified in § 158.130(F), Application; limits.

(Ord. 2022-20, passed 11-3-2022; Ord. 2023-06, passed 9-7-2023)

§ 158.169 GOLF COURSE AND GOLF DRIVING RANGE.

(A) Golf courses may be authorized by conditional use in the Agricultural and Conservation Districts subject to site plan review under Chapter 155 and the filing of a professionally prepared environmental impact plan demonstrating how use, maintenance, and activities will be conducted and operated so as to not adversely affect the natural resources and comply with the County's water resources protection standards as may be adopted by the county in the Water Resources Manual.

(B) Food service as part of a golf course and/or driving range may be authorized by a conditional use which requires approval from the Board of Zoning Appeals per § 158.133 and site plan approval from the Planning and Zoning Commission.

(D) Food service as part of a golf course and/or golf driving range may not include a drive thru service.

(E) Food service allowed within this section must operate under the existing name of the golf course and/or driving range.

(Ord. 2022-20, passed 11-3-2022; Ord. 2023-07, passed 9-7-2023)

§ 158.170 STORAGE LOT FOR COMMERCIAL VEHICLES IN THE AGRICULTURAL DISTRICT.

Storage lots for commercial vehicles, not to include truck or motor freight terminals, provided that the BZA shall have the authority to limit the number of vehicles based on the considerations enumerated in § 158.133(G), and provided that the BZA determines sufficient space is available to park the vehicles without disturbance to neighboring properties. Notwithstanding the area requirements of § 158.071.03, the BZA may consider applications on sites of less than three acres.

(Ord. 2022-20, passed 11-3-2022)

§ 158.171 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 fewer 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 Chapter 155.

(Ord. 2022-20, passed 11-3-2022)

§ 158.172 RESEARCH LABORATORIES CONDUCTING BIOSCIENCE RESEARCH IN THE AGRICULTURAL DISTRICT.

Research laboratories and facilities conducting bioscience research through clinical and preclinical testing on animals, plants, or foods for the purpose of developing products which are technically, scientifically, or clinically useful, may be authorized by conditional use subject to the following requirements:

(A) Such uses shall be located on a minimum lot of 25 acres;

(B) The use shall be subject to a front, rear, or side yard of 200 feet, unless the use includes any exterior animal holding or living areas including kennels with or without runs, pens, corrals, barns or sheds, then the use shall be subject to a front, rear, or side yard of 400 feet;

(C) Such uses may not exceed a classification of Biosafety Level (BSL) 2 as that term is defined by the Centers for Disease Control (CDC) as of May 1, 2004;

(D) Such uses shall comply with all applicable federal certifications that apply to the testing and research being performed on site if recommended or mandatory for the industry; and

(E) Such uses must meet all applicable Carroll County Health Department regulations and standards.

(Ord. 2022-20, passed 11-3-2022)

§ 158.173 CONTRACTORS' EQUIPMENT STORAGE IN THE AGRICULTURAL DISTRICT.

Contractors' equipment storage may be authorized by conditional use in the Agricultural District subject to the following requirements:

(A) The area within which each use is located shall be no more than one acre in size;

(B) The minimum area of the property on which each use is located shall be five acres.

(Ord. 2022-20, passed 11-3-2022)

§ 158.174 COMMERCIAL KENNELS IN THE AGRICULTURAL AND CONSERVATION DISTRICTS.

Commercial kennels may be authorized by conditional use subject to the following requirements:

(A) The minimum area for a commercial kennel for ten dogs or fewer shall be five acres;

(B) The minimum area for a commercial kennel for more than ten dogs shall be ten acres;

(Ord. 2022-20, passed 11-3-2022)

§ 158.175 QUALIFIED PROJECTS.

(A) In this section, the following words have the meanings indicated.

(1) CONTROLLED BY. A business structure in which a nonprofit organization is a managing member, general partner, or otherwise controlling entity with a for-profit member or partner as demonstrated by an attorney licensed by the State.

(2) MIXED-USE. Any combination of a residential use with a recreational, office, dining, or retail use.

(a) MIXED-USE does not mean any combination of a residential use with an industrial or hazardous use.

(3) NONPROFIT ORGANIZATION. An organization that is qualified as tax-exempt under 501 (C)(3) of the Internal Revenue Code and has been designated as such for at least three years.

(B) A Qualified Project means a residential project that:

(1) Consists of new construction or substantial renovation.

(2) Is on land, including land that is subject to a ground lease, that:

(a) Is wholly owned by a nonprofit organization, or

(b) Includes improvements owned by an entity that is controlled by a nonprofit organization.

(3) Contains at least 25% of units that are affordable dwelling units as defined in the Maryland Land Use Article; Section 7-501, and

(4) Is deed-restricted to include 25% of units that are affordable dwelling units for a period of at least 40 years.

(C) In a zoning district that allows for single-family residential use per § 158.071.01, § 158.075.01, and § 158.082, a qualified project may include middle housing units which may include duplexes, triplexes, quadplexes, cottage clusters, or townhomes as referenced in the Maryland Annotated Code; Title 7, Section 5: Housing Expansion and Affordability and may exceed the allowable density in the zoning district.

(D) In a zoning district that allows multi-family residential use, a qualified project:

(1) May have a density limit that exceeds by 30% the allowable density in that zone for uses that are not part of a qualified project; and

(2) May consist of mixed-use, as permitted in the underlying zoning district.

(E) In a zoning district that does not allow for residential use, a qualified project may consist of a mixed-use development with density limits that do not exceed the R-7,500 zone.

(1) Qualified projects under this subsection must conduct a public health impact assessment and receive approval of the public health impact assessment from the Maryland Department of Housing and Community Development.

(2) The public health impact assessment shall evaluate potential public health impacts associated with the proximity the qualified project to any health hazards within the zoning district that does not allow for residential use.

(F) Qualified projects shall be subject to plan approval by the Planning Commission pursuant to § 155.031 and/or § 155.050.

(G) All residential units shall be subject to concurrency management pursuant to § 156.01 through § 156.07.

(H) All residential units shall be subject to development impact fees pursuant to §§ 33.55 through 33.69.

(Ord. 2024-11, passed 12-5-2024)

§ 158.999 PENALTY.

(A) Violations.

(1) As provided in the applicable sections of Md. Code, Land Use Article, as amended, any person, firm, or corporation violating any provisions of this chapter shall be fined not more than $1,000.

(2) Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate offense.

(3) In accordance with Md. Code, Land Use Article, § 14.03, an assessment for abatement by the County Commissioners of a zoning violation may be added to the annual property tax bill for the property on which the violation was abated to be collected in the same manner as ordinary taxes are collected.

(B) Civil penalties.

(1) Fines shall be imposed based upon the following schedule:

(a) First offense: $50;

(b) Second offense: $100;

(d) Subsequent offenses: $500 each.

(2) A fine may be imposed for each day a violation exists, as each day the violation exists is a separate offense.

(3) Failure to correct a violation after expiration of the time period for correction stated in a citation is a separate offense.

2022 S-10

(4) Any person who receives a citation for a zoning violation which imposes a fine shall pay the fine as set forth on the citation, within 15 days after receipt of the citation, to the County Commissioners, Collections Office, 225 North Center Street, Westminster, Maryland, 21157.

(5) Any person who fails to pay a fine imposed under this section within 15 days after the date notice was sent to such person pursuant to Md. Code, Land Use Article, § 11.205, shall be liable for twice the fine which that person had failed to pay.

(C) Settlements. The County Attorney, or a lawyer on the staff of or assigned by the County Attorney, shall prosecute all civil zoning violations with full authority to settle such violations, including the power to enter into agreements on behalf of the county to resolve the violation, and the power to dismiss the citation.