For the purpose of this title, all land within the town is designated on the zoning map as being in one of the following districts:

Institutional (INST).

Low Density Residential (R-1).

Medium Density Residential (R-2).

High Density Residential (R-3).

Residential Suburban (R-S).

Village Zone (VZ).

Neighborhood Commercial (B-1).

General Commercial (B-2).

Industrial Park (I-P).

Office, Research, Industrial (ORI).

Conservation/Recreation (C-R).

(Prior code Art. XI (Art II § 1.0))

(Ord. No. 10-05, 5-17-10; Ord. No. 16-03, 2-1-16; Ord. No. 20-09, 10-5-20)

Unless otherwise indicated on the zoning district maps, the boundary lines of the districts shall follow lot lines, center lines of streets, alleys or such center lines extended, center lines of creeks or the corporate limit line as existing at the time of adoption of the ordinance codified in this title, or measured lines.

(Prior code Art. XI (Art. II § 2.0))

No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.

(Prior code Art. XI (Art. II § 3.0))

All territory which may hereafter be annexed to the town shall from time of annexation be considered as being in the R-S district until changed by ordinance, unless the resolution of annexation by the town board provides for other district classification or classifications. If land to be annexed is to be classified other than (a) R-S or (b) a district classification of some property abutting, contiguous, or adjacent thereto: (1) the town board shall refer the matter to the commission for recommendation and report, and if the commission makes no report within ten days from the date the town board by motion refers it to the commission, it shall be considered to have made a report approving the proposed annexation district classification; and (2) the town board shall hold a public hearing in relation thereto, giving at least ten days notice of the time and place of such hearing in a newspaper published in or having a general circulation in the town.

(Prior code Art. XI (Art. II § 3.01))

Whenever the town board vacates a street or alley, adjacent districts shall extend to the center line of the vacation.

(Prior code Art. XI (Art. II § 3.02))

Yards, parking space or lot area required for one building cannot be used for another main building nor can the size of a lot be reduced below the requirements of this title, unless otherwise specifically provided.

(Prior code Art. XI (Art. II § 3.03))

Any lawful use of land or structure existing at the time of adoption of the ordinance codified in this title, or subsequent amendment of this title, may be continued with the following limitations.

(Prior code Art. XI (Art. II § 4.0))

Nonconforming uses may upgrade, repair, or make alterations to their facilities. However, expansion of any nonconforming use shall be limited to the lot that exists at the time of adoption of this title and additional acreage or dwelling units shall not be added to enlarge any nonconforming uses.

(Prior code Art. XI (Art. II § 4.01))

Any nonconforming use, which has been damaged to the extent of sixty (60) percent of its current fair value, as estimated immediately prior to damage, shall not be repaired, or reconstructed except in conformity with this title.

(Prior code Art. XI (Art. II § 4.02))

No nonconforming use shall be established or re-established after having been discontinued for six months.

(Prior code Art. XI (Art. II § 4.03))

A nonconforming use may not be substituted for any other nonconforming use.

(Prior code Art. XI (Art. II § 4.04))

Premises used for open storage, not expressly permitted in the residential district in which they are located and where such uses were existing prior to the adoption of this title, shall discontinue such uses within two years of the effective date of this title.

(Prior code Art. XI (Art. II § 4.05))

Whenever a nonconforming use renovates or expands under Section 17.08.080, said use shall meet all the applicable requirements of this title unless otherwise allowed by the board of appeals.

(Prior code Art. XI (Art. II § 4.06))

A.

[Applicability.] The provisions herein below dealing in off-street parking requirements are applicable to every zoning district except the Village Zone. The Village Zone has its own parking requirements as set forth in Chapter 17.36.

B.

[Spaces.] Bituminous concrete or concrete surfaced off-street automobile parking shall be provided on any lot on which any of the following uses are hereafter established, except as provided in [subsection] C., below. Such space shall be provided with vehicular access to a street or alley. For purposes of computing, each space shall not be less than nine feet wide, nor less than twenty (20) feet long.

C.

Generally.

1.

For the purpose of this chapter, the following parking space requirements shall apply. Parking shall be limited to the number of spaces required, based on an evaluation of each proposed use, hours of operation, and any joint or shared parking agreements. An increase or reduction in the number of required parking spaces may be granted by the planning commission, with input from town staff, where the applicant can demonstrate need based on characteristics of the proposed use, hourly parking demand studies published by the Institute of Transportation Engineers (ITE) or other documentation as approved by the planning commission and town staff.

2.

When an increase in the number of required parking spaces is granted or for the purposes of overflow parking, the planning commission may require the spaces to be constructed of pervious materials.

3.

When a reduction in the number of required parking spaces is granted, the planning commission, with assistance from town staff, will determine the extent that an accessible graded and seeded area shall be reserved for future parking.

4.

For uses not listed in this section, parking requirements shall be determined by the zoning administrator. The requirements shall be based upon similarity to an existing use listed within the table below, characteristics of the proposed use, or hourly parking demand studies published by the Institute of Transportation Engineers (ITE).

D.

[Rules, Exceptions.] The foregoing requirements are subject to the following general rules and exceptions.

1.

In the B, IP and ORI districts, parking space may be provided on a separate lot if within three hundred (300) feet of a building, and two or more owners may join together in the provision of this parking space.

2.

Parking spaces for any use specifically permitted in an R district may be provided on a lot adjoining that use provided there is evidence of perpetual compliance with all requirements.

3.

Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, but any enlargement must provide the required parking spaces for said enlargement.

4.

No part of any parking space shall be closer than ten feet to any public road right-of-way line and five feet to a side or rear property line. Driveways and aisles are excluded. This requirement does not apply to the village zone district.

E.

Handicapped Accessibility. All parking areas shall include handicapped accessible spaces in conformance with the Maryland Accessibility Code.

F.

Adjacent Parking Area. Where a proposed parking area is adjacent to a developed or undeveloped site within the same or similar zoning district, the proposed parking area must be designed to connect to the existing or future adjacent parking, where feasible.

G.

Pedestrian Access. Clearly delineated pedestrian crosswalks, sidewalks, and walkways shall be provided to allow safe and convenient access within the parking area, and from the parking area to building entrances.

H.

Bicycle Parking.

1.

For the purposes of this chapter, the following bicycle parking requirements will apply:

2.

A reduction in required bicycle parking may be granted by the planning commission, where the applicant can demonstrate need based on neighborhood characteristics, characteristics of the proposed use, or other documentation as approved by the planning commission.

3.

The design of bicycle parking shall conform to the Frederick county bicycle parking design guide.

I.

Lighting.

1.

Parking areas, main entrances, and exits, which are open to the public, shall be lighted to a minimum average of two foot-candles and a maximum of six foot-candles. All lighting shall be so arranged as to reflect the light downward and away from adjoining premises and public rights-of-way. Lighting plans, including photometrics and all details, shall be included with all plans.

2.

The planning commission may require lights along proposed streets and at key intersection locations, where deemed necessary.

3.

All lighting shall be directed downward and inward to the site. Proposed canopy lights shall be fully recessed and light fixtures within parking compounds shall be equipped with cutoff shields.

4.

Maximum height of street lights shall be fifteen (15) feet in residential zones and twenty (20) feet in non-residential zones.

(Prior code Art. XI (Art. II § 5.0))

(Ord. No. 10-06, 5-17-10; Ord. No. 20-09, 10-5-20)

A.

Every building or structure used for other than residential uses and constructed after the adoption of this title shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall be in accordance with the following schedule:

B.

For buildings over four hundred thousand (400,000) square feet, six spaces plus one additional space for each additional ten thousand (10,000) square feet.

C.

For the purpose of determining adequacy of loading area, each space shall not be less than ten feet in width, forty-five (45) feet in length, and fourteen (14) feet in height.

(Prior code Art. XI (Art. II § 6.0))

A.

In a clear sight triangle, no walk, fence, sign, or other structure shall be erected or altered and no hedge, tree, shrub, or other growth shall be maintained or permitted between three and eight feet above grade, which may cause danger by obscuring the sight lines.

B.

A clear sight triangle shall be maintained at all intersections of streets with streets, driveways with streets, and private roads with streets, within which no structure or growing material shall exceed a height of three feet above the grade of the street, driveway, or road, and no branch of a tree or sign of any kind shall be lower than nine feet above the grade of the street, driveway, or road. The clear sight triangle shall be:

1.

Seventy-five (75) feet measured along the center lines of intersecting streets.

2.

Forty (40) feet measured along the center line of a private driveway or private road and the intersected street.

(Ord. No. 20-09, 10-5-20)

Editor's note— Ord. No. 20-09, adopted October 5, 2020, repealed § 17.08.160 and enacted a new § 17.08.160 as set out above and later amended. Former § 17.08.160 pertained to prohibited obstructions to vision at intersections and derived from Prior code Art. XI (Art. II § 7.0) and Ord. No. 10-07, adopted May 17, 2010.

A.

Private or public rifle shooting ranges are prohibited.

B.

Junk yards are prohibited, including those for storage of wrecked, dismantled, and abandonment of motor vehicles and parts thereof, and for storage and sale of other similar scrap materials.

C.

Salvage yards of any waste materials.

D.

Mobile homes and mobile home courts or parks.

E.

The keeping of farm livestock, such as sheep, hogs, horses, fowl unless otherwise permitted by the provisions of Title 6, but does not include dogs and cats or other household pets.

(Prior code Art. XI (Art. II § 8.0))

(Ord. No. 13-05, 7-1-13)

Editor's note— Ord. No. 13-05, adopted July 1, 2013, amended § 17.08.170, to read as set out herein. Previously § 17.08.170 was titled prohibited uses.

Storage of compressed gases and liquid fuels shall conform to the following:

A.

Above Ground Storage.

1.

Storage of compressed gases and liquid fuels in homes, apartment houses, and commercial establishments may be above ground in all districts if the total capacity of all containers is less than two thousand (2,000) gallons and provided that each individual container is no less than twenty-five (25) feet from the nearest line of adjoining property.

2.

Containers used for apartment houses and commercial establishments shall be screened by evergreen plantings of a height not less than the height of the containers so as to effectively obscure the containers from view.

B.

Below Ground Storage. In all districts where storage of compressed gases shall be underground as modified in subsection (A) of this section, if the total capacity of all containers exceeds two thousand (2,000) gallons, each individual container shall be located with respect to the nearest line of adjoining property as follows:

C.

Gasoline, Kerosene, Fuel Oil and Other Liquid Fuels. Gasoline, kerosene, fuel oil and other liquid fuels shall be stored underground or within the structure to be heated. Each individual container shall be located with respect to the nearest line of adjoining property as follows:

(Prior code Art. XI (Art. II § 9.0))

No garage, shed, outbuilding or other nonresidential structure existing on the lot at the time of the adoption of this title may be converted to residential use unless said structure is able to meet all of the requirements of the zoning ordinance including, but not limited to, lot area per family and front, rear and side yards. No variance or special exception will be permitted to expand a non-conforming use.

(Prior code Art. XI (Art. II § 10.0))

(Ord. No. 21-12, 8-2-21)

A.

The subdivision of land subject to flooding by a one-hundred-year storm, a high water table, or improper drainage will not be approved unless the area to be used for roads, streets, driveways, and all structures whether principle or accessory is located outside of the historical or annual floodplain whichever is greater.

B.

Such floodplain shall be clearly indicated upon the plat by a registered engineer or land surveyor.

C.

All subdivisions having a floodplain as a part of their development and proposing any type of improvements within the floodplain including but not limited to fill, dredging, bridging, inclusion of culverts, etc., will not be approved until approval or an expression of noninterest is received from the Department of Natural Resources.

(Prior code Art. XI (Art. II § 11.0))

A.

Whenever a building is renovated or expanded in such a manner that the total number of dwelling units available either increases or decreases, the property owner shall apply for a Change of Use permit from the zoning administrator. The zoning administrator will ensure that the aforementioned changes meet all of the requirements of the zoning ordinances including, but not limited to, lot area per family, front, rear and side yard setbacks, and off-street parking requirements.

B.

The town council will consider the permit application and determine whether an additional water and sewer tap fee and/or a revision in the number of billable units is to be assessed.

(Ord. 96-17B)

A.

The town recognizes that the processes of development can alter natural topography and vegetation, as well as cause other negative effects. The town also recognizes that development creates impervious cover, vehicular traffic, artificial light, increases in air temperature, accelerated runoff, erosion, sedimentation, glare, noise, and incompatible uses of land, which can negatively affect the community's ecological balance, visual character, as well as community-wide livability. The town intends to protect and enhance its economic base, quality of life, and community character by encouraging quality development. Recognizing that the town comprehensive plan promotes the protection of health, safety, and welfare of the public and encourages quality development, this section is adopted in order to:

1.

Aid and stabilize the ecological balance of the environment in the town;

2.

Provide buffers between uses of different character and intensity;

3.

Enhance the town's general appearance;

4.

Safeguard and enhance property values;

5.

Protect public and private investments;

6.

Conserve energy; and

7.

Protect natural areas thereby providing natural habitats for wildlife.

B.

Where buffer yards and screen planting areas are required in this section, they shall be provided within the yard setbacks prescribed in the applicable zoning districts and in accordance with the requirements contained in this section and Title 16.

C.

Where buffer yards and screen planting areas are required in this section, a landscape plan for the entire tract shall be required. The developer shall retain a landscape architect licensed by the state to complete such a plan to ensure the proper species, use, arrangement of plant materials, and installation. All areas of the development not covered by impervious surfaces shall be landscaped and maintained with suitable ground cover and plants.

1.

The plan shall indicate the extent to which existing vegetation will be preserved for landscaping purposes.

2.

Where deemed necessary by the planning commission, earthen berms shall be incorporated into the landscaping plan along public street frontage and along property lines abutting existing dwellings in accordance with Title 16.

3.

Landscaped areas shall be continually maintained by the landowner. Care, grooming, and replacement of plants shall be included as part of the required maintenance. Failure to adequately maintain landscaped areas shall be subject to a citation issued by the town.

4.

In addition to landscape elements, the plan shall include the layout of walkways, lighting, and recreation areas throughout the development for the safety and security of the people. The layout and design of pedestrian-level street lighting shall be provided throughout the development and parking areas.

5.

Parking areas shall be adequately landscaped in order to provide shade, to screen vehicles from public streets, to reduce glare and noise within the development itself and shall be designed in accordance with Title 16.

D.

Any nonresidential use adjoining a residential use in any zone shall meet the following buffer yard type and width requirements, unless otherwise provided in this section. The buffer yard shall extend the entire length or width of the property line of the adjoining zone or lot.

Buffer Yard Requirements

E.

Any lot used for other than a single-family detached or semi-detached residence in a residential or mixed-use zone and abutting an existing or planned single-family detached or semi-detached residence shall meet the requirements for buffer yard type 1, unless otherwise provided in this section.

F.

Screening in the buffer yards shall be in accordance with Title 16, as related to buffer yard types.

G.

All buffer yards shall meet the following requirements:

1.

No buffer yard or part thereof shall be used for parking, storage, loading, or unloading.

2.

Buffer yards may be placed within any required building setback area.

3.

Buffer yards may be crossed by access roads, service drives, or easements within a maximum width of thirty-five (35) feet, provided that the center line of road, drive, or easement crosses the lot line and buffer yard at not less than seventy-five (75) degrees; however, no turning or maneuvering of vehicles shall be permitted in the buffer area.

4.

Buffer yards shall extend for the entire length of the property line adjoining the residential property or district.

5.

All screening materials and landscaping shall not encroach upon the adjoining property line at full maturity.

H.

The buffer yard for any nonresidential use separated from a residential use by a public road shall be reduced by one foot for every two feet of the distance between the property line for which the buffer yard is required and the centerline of the public road but by not less than one-half of the original buffer.

(Ord. No. 20-09, 10-5-20)

A.

Outdoor Lighting. Where light fixtures are installed to provide exterior illumination, excluding overhead street lighting and warning, emergency, or traffic signals, the following restrictions shall apply. These standards will apply to all uses (except single-family dwellings).

1.

All outdoor lighting, whether or not required by this section, shall have intensities and uniform ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA), as contained in the IESNA Lighting Handbook.

2.

All future amendments to the recommended practices of the IESNA shall be made a part of this section without further action by the mayor and board of commissioners.

3.

Street lighting fixtures, when required for safety considerations, shall be controlled by photocells for dusk to dawn operation.

4.

The lighting from any luminary shall be shaded, shielded, or directed to prevent direct light from being distributed beyond an angle of thirty-five (35) degrees from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lighting is not permitted, except for temporary holiday lighting.

5.

Lighting shall be designed so that glare or direct illumination does not exceed one foot-candle beyond the property line on which the lighting originates.

6.

Illuminated signage shall be in accordance with Chapter 17.38.

7.

Such lighting on private, residential, commercial, industrial, municipal, recreational, or institutional property shall be aimed, located, designed, fitted, and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (i.e. disabling glare).

8.

Pole-mounted lamps shall be placed directly above the area to be illuminated and shielded at the top and sides or positioned near the perimeter of a property and aimed toward the area requiring illumination, subject to applicable yard setback provisions.

9.

Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily using such means as cutoff fixtures, shields and baffles, and appropriate application of mountain height, wattage, aiming angle, fixture placement, etc.

10.

The installation or erection of any lighting, which may be confused with warning signals, emergency signals, or traffic signals, shall not be permitted.

11.

Lighting of parking lots shall be in accordance with subsection 17.08.140.I. or, if applicable, subsection 17.36.040.F.

12.

Lighting fixtures shall be maintained to always meet the requirements of this section.

13.

Any lighting fixture existing on the effective date of this section, which does not conform to the requirements of this section, shall be considered a lawful, nonconforming lighting fixture. A nonconforming lighting fixture shall be made to conform with the requirements of this section when such fixture is replaced, relocated, or repaired.

(Ord. No. 20-09, 10-5-20)

A.

Outdoor Stockpiling. In all zones, no outdoor stockpiling of any material is permitted in the front yard.

B.

Dumpsters. All permanent trash dumpsters shall be located within a side or rear yard, screened from adjoining roads and properties, and completely enclosed within a sight-tight masonry or fenced enclosure equipped with a self-latching door or gate. Dumpsters shall be screened in accordance with subsection 16.16.110.B.6.

C.

Domestic Composts. The placement of framed enclosure composts as an accessory residential use is permitted, subject to all accessory use setbacks. Only waste materials from the residential site shall be deposited within the compost and in no case shall meat, or meat by-products, be composted. All composts shall be properly maintained so as not to become a nuisance to nearby properties.

(Ord. No. 20-09, 10-5-20)