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Frederick City Zoning Code

Sec. 409

INSTITUTIONAL FLOATING ZONE IST

Purpose and findings: This district establishes a flexible procedure and standards for siting large-scale institutional uses, such as conference centers, places of worship, schools, meeting halls, museums, public safety facilities, and government administrative offices. The City finds and determines that:

• These uses provide important services for the general public, and

• These uses can generate significant traffic volumes, consume large areas of land for parking and related facilities, and create similar adverse impacts on surrounding neighborhoods; and

• The unique demands of these facilities require flexibility and case by case review in crafting suitable development standards. Many of these uses are permitted in a base zoning district, but often require flexibility in design or scale that is not available in a base zoning district.

Accordingly, this section establishes a district whereby the City can approve the siting of these facilities, while providing discretionary review to avoid or mitigate impacts on surrounding neighborhoods.

(a)

Permitted Uses. The uses listed in Table 404-1 are permitted in the "IST" District.

(b)

Procedures. A sketch plan (see Section 309) is required for uses permitted in the "IST" District, unless the proposed use is exempt from site plan review by state or federal law. The sketch plan may be submitted concurrent with an application for rezoning. However, the Board of Aldermen, with a recommendation of the Planning Commission, may attach conditions to the approval of the district subject to a development agreement. In lieu of the application submittal requirements specified in Article 3, Section 309 and Article 11, the applicant for rezoning to an "IST" District shall address each of the review criteria of this section in their application materials. If the "IST" district is approved, the applicant must then file a site plan as set out in Section 309.

(c)

Standards and Review Criteria.

(1)

Review Criteria for Rezoning—Designated Public Uses. In reviewing an application for a proposed "IST" District, the Planning Commission and Board of Aldermen shall consider the following where indicated by Table 409-1 ("Yes" in the second column):

A.

Consideration of possible alternative sites for the facility in other jurisdictions to see if a better location would be appropriate, and

B.

An analysis of the extent to which the proposed facility is of a citywide, countywide, regional or state-wide nature, and

C.

Whether uniformity among jurisdictions should be considered.

D.

Whether the financial impact upon the City of Frederick can be reduced or avoided by an intergovernmental agreement.

(2)

Measures to Facilitate Siting. The Planning Commission and Board of Aldermen shall analyze the following factors when considering the location, design and any conditions of approval for the facility:

A.

The availability of land; and

B.

Access to transportation; and

C.

Compatibility with neighboring uses; and

D.

The impact on the physical environment.

(d)

Development Standards. Uses within the "IST" District are not subject to the dimensional standards of Section 405. However, such uses are subject to:

(1)

The development standards in Articles 6 and 7 of this Code; and

(2)

The performance standards established in Section 407 of this Article.

Table 409-1 Permitted Uses in "IST" District

Permitted Uses
Interjurisdictional Analysis Required?
(see subsection (c)(1)
LBCS Function Code
LBCS Structure Code
NAICS Code
Fairgrounds/Agricultural and Special Events Center No 5310
Fire, sheriff, and emergency services No 6400—6430 4500—4530 92216
Government offices or other governmental civic uses or facilities Yes 6200—6221 92
Libraries Yes 4242 4300 51412
Nursing Home, Assisted Living Facility, Retirement Community No 1230—1250 6250
Maintenance of government buildings and grounds, including equipment storage Yes 2450 561210
Open space, park or active recreational uses operated on a non-commercial basis No 5500 712190
Post office No 6310 491
Recreation centers Yes 5380 3200 71312
Schools, academic, continuance, alternative, adult, colleges and universities, and technical, trade, and other specialty schools No 6124—6140 4220 6113
Gas or electric generation distribution facilities, compressor stations, or substations Yes 4310 6410—6422
6440—6460
2211
Places of Worship No 6600 3500
Power generation plants Yes 6430—6434
Public utility storage and service yards Yes 2450 561210
Radio/Television Station With Transmitter Tower Yes 4231 6510 5131
Radio and TV stations and studios with no tower transmissions No 4231
Sewage treatment plant, pump stations, or lift stations Yes 4340 6300—6314
6350—6356
22132
Solid waste collection centers, solid waste transfer stations, recyclable materials, yard waste and similar items Yes 4343 562111
562119
Telecommunication towers Yes 4230 6500 5133
Water supply facilities including pump stations, dams, levees, culverts, water tanks, wells, treatment plants, reservoirs, and other irrigation facilities Yes 6200—6290

 

(Supp. No. 1, Ord. No. G-05-15, § 6, 9-15-05; Supp. No. 1, Ord. No. G-05-15, § 7, 9-15-05)