The purpose of cluster development is to provide a method of development that permits variation in lot sizes without an increase in the overall density of population; that allows home buyers a choice of lot sizes according to their needs; that preserves green space, tree cover, scenic vistas, natural drainageways, or preserves features of outstanding national topography; in order to prevent soil erosion and provide green areas for rest and recreation.

(Ord. 77-1-78, § 40-71(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The provisions of this division shall apply only to cluster developments. MPDU projects are excluded from the provisions of this division.

(Ord. 02-26-322, 11-21-2002; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   In all R Districts, the Planning Commission in approving subdivision plats, may permit modifications in lot area, lot width, yards (building restriction areas) including zero lot lines, or other requirements. Use regulations are governed by the zoning district in which the development is located. Cluster development is not permitted unless public water and public sewer are provided. However, if public water cannot be feasibly provided or is not readily available and the developer can prove that individual water supplies are feasible by providing a hydrogeologic study and drilling sufficient test wells, then the Planning Commission may approve a cluster development with public sewer and individual well with a minimum lot size of 12,000 square feet. In the event that cluster development is approved by the Planning Commission using individual wells, no building permits shall be issued for any lot until after a well has been drilled and approved by the Frederick County Health Department under its regulations.

(Ord. 77-1-78, § 40-71(B), 1-24-1977; Ord. 82-11-255, 6-8-1982; Ord. 84-6-302, 4-3-1984; Ord. 89-2-533, 1-3-1989; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The average dwelling unit density will be no greater than the permitted density for the district in which the units are located. For the purposes of this division, DENSITY means the maximum number of dwelling units which could be built on net developable land area in the zoning district. Net developable land is that land remaining after flooding soils areas and rights-of-way for principal highways have been deducted from the gross site area.

(Ord. 77-1-78, § 40-71(C), 1-24-1977; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Reduction of individual lot areas will be reserved as green area. The county may accept the conveyance of the green areas or it shall be conveyed to a nonprofit homes association.

(Ord. 77-1-78, § 40-71(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The procedure to obtain approval of plats under residential cluster development is as follows.

   (A)   A Concept Plan is to be submitted to the Planning Commission at least 60 days prior to the Commission meeting at which it is to be considered which shows:

      (1)   The type of dwelling unit (single-family, townhouse, garden apartment, etc.) and building restriction lines; and

      (2)   Street layout; and

      (3)   Green area system; and

      (4)   Vicinity map (Scale: no smaller than 1 inch equals 2,000 feet); and

      (5)   Topography with minimum 10 foot contours (USGS topographic maps are permitted for the concept plan); and

      (6)   Number of acres in the entire tract; and

      (7)   Overall dwelling unit density.

   (B)   If the concept plan is approved by the Planning Commission, the developer will then proceed with platting of the development in accordance with the subdivision regulations. Final plats filed on cluster development shall bear a statement indicating that the land lies within an approved residential cluster development.

   (C)   In addition, the development is subject to the following conditions.

      (1)   The development of land within the cluster is permitted only in accordance with the approved final plat.

      (2)   The agreements concerning the ownership and maintenance of open space land will be recorded simultaneously with the final plat.

(Ord. 77-1-78, § 40-71(E), 1-24-1977; Ord. 00-21-263, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The purpose of cohousing development is to provide a method of development that promotes social interaction, permits a quality living environment, safeguards children, conserves the natural environment, and conserves energy. The intent is to encourage resident participation in design, and planning, as well as self-management and community, in a compact and orderly development.

(Ord. 91-31-031, 11-19-1991; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The provisions of this division shall apply only to cohousing developments. Such developments shall consist of no more than 35 units, not including common facilities. An incorporated development organization consisting of a majority of the intended number of residents of the development shall be required for application under these provisions. All cohousing developments are subject to the requirements of § 1-19-8.620 through § 1-19-8.620.6.

(Ord. 91-31-031, 11-19-1991; Ord. 02-26-322, 11-21-2002; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Cohousing developments are permitted in all R Districts. The Planning Commission in approving subdivision plats may permit modifications in lot areas, lot width, yards (building restriction areas), including zero lot lines, or other requirements consistent with meeting the purposes of this division. Cohousing development is not permitted unless community water and sewer are provided, or such other available ecologically sound methods of water distribution and sewage disposal as may be approved by the county and state authorities. Individual wells and septic systems are not allowed.

(Ord. 91-31-031, 11-19-1991; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   The average dwelling unit density will be no greater than the permitted density for the districts in which the units are located.

   (B)   For the purpose of this division, DENSITY means the maximum number of dwelling units which could be built on net developable land area in the zoning district. Net developable land is that land remaining after flooding soils areas and rights-of-way for principal highways have been deducted from the gross site area.

   (C)   Attached housing is permitted in approved co-housing development projects in all R Districts under this division, provided any attached units comprise blocks of no more than 6 units each.

(Ord. 91-31-031, 11-19-1991; Ord. 07-29-469, 9-4-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Reduction of individual lot areas will be reserved as green area, which shall be conveyed to a nonprofit home association comprised of the homeowners of the development. The amount of green space shall be a minimum of 60% of the total land area of the development. Such green area shall not be impervious or include any parking areas, vehicular access or circulation driveways and shall otherwise meet the definition of green area in this case.

(Ord. 91-31-031, 11-19-1991; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The procedure to obtain approval of a cohousing development is as follows.

   (A)   A Concept Plan is submitted to the Planning Commission at least 45 days in advance of the meeting at which is proposed to be considered which shows:

      (1)   The type of dwelling units, the common facilities, and building restriction lines;

      (2)   Vehicular and pedestrian street layout;

      (3)   Green area system;

      (4)   Vicinity map (scale no smaller than 1 inch equals 2,000 feet);

      (5)   Number of acres in the entire tract;

      (6)   Overall dwelling unit density; and

      (7)   The name of the incorporated resident development organization.

   (B)   The property in question shall be posted for a minimum of 30 days prior to the Planning Commission meeting.

   (C)   If the Concept Plan is approved by the Planning Commission, the developer will then proceed in accordance with the regulations. Final plats on cohousing development shall bear a statement that the land lies within an approved cohousing development.

   (D)   In addition, the development is subject to the following conditions.

      (1)   The development of land within the cohousing development is permitted only in accordance with the approved final plat.

      (2)   The agreements concerning the ownership and maintenance of open (green) space land will be recorded simultaneously with the final flat.

(Ord. 91-31-031, 11-19-1991; Ord. 00-21-263, § 1, 7-18-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The intent of this division is to encourage the removal of cars and roads to the periphery of the development. Therefore all parking shall be off-street parking and must be within the boundaries of the cohousing property. There shall be no minimum distance from a parking area to the home which it serves. Suitable emergency access lanes shall be provided to permit entry of fire and rescue vehicles to the immediate vicinity of each unit. All access points to state and county roads must comply with the requisite access permit requirements.

(Ord. 91-31-031, 11-19-1991; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Purpose and intent.

      (1)   Encourage concentration of complementary uses grouped adjacent to major thoroughfares, thus limiting sprawling strip commercial and industrial development.

      (2)   Provide for well-planned development on sites with adequate frontage and depth to permit controlled access and maximum convenience and efficiency for users of such facilities.

      (3)   Allow for more than 1 principal use or building on a single lot in the GC, ORI, LI and GI zoning districts where due to the size and location of the development, and its relationship to the surrounding properties, flexibility of planning may be permitted without disturbance to the harmony of the neighborhood.

      (1)   The Planning Commission shall make the final determination as to whether a planned commercial/industrial development shall be approved. Review and approval of a planned commercial/ industrial development shall include a preapplication conference and applicable site development plan or subdivision approval.

      (3)   In making a determination as to whether the development shall receive approval, the Planning Commission shall consider the purpose and intent of this section as well as the following design standards, which shall serve as a guide in reviewing the plan and setting conditions to be placed upon the development. The following design standards may be modified as necessary by the Planning Commission in order to achieve the purpose and intent of this section. Subdivision plats shall comply with subdivision regulations and conditions of site development plan approval.

         (a)   In general, the plan shall provide a unified and organized arrangement of buildings, service areas, parking and landscaped open space. Buildings shall be so grouped to provide a safe and efficient arrangement of land use, pedestrian access, infrastructure and transportation circulation systems reflective of the underlying zoning district, and existing and planned development.

         (b)   Building placement shall consider future subdivision including planned road networks. However, this does not require the project to meet future subdivision requirements.

         (b)   Setbacks and height shall be established by the Planning Commission based upon the underlying zoning, the location of the proposed development within the county, consideration of existing and planned development surrounding the proposed development, and applicable county community and corridor plans.

      (7)   Planned commercial/industrial development shall comply with applicable supplementary district regulations as provided in § 1-19-7.510, § 1-19-7.600, § 1-19-7.610, and § 1-19-7.620 consistent with the underlying zoning.

(Ord. 80-22-174, 7-22-1980; Ord. 92-10-045, 6-9-1992; Ord. 00-21-263, § 1, 7-18-2000; Ord. 08-26-502, 10-14-2008; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)

   The Mineral Mining District (MM) is a floating zone established for the purpose of providing for the development of needed mineral resources in areas where such resources exist subject to adequate safeguard for the conservation of the environment.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   The Mineral Mining District (MM) shall be a floating zone which may be established where specifically designated on the Comprehensive Plan Map as appropriate.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   Mining activities have the potential to adversely impact the surrounding area by virtue of the noise, dust, light, glare, vibrations and traffic generated, and may also impact groundwater supplies. Therefore, compliance with or satisfaction of the criteria contained in this division shall not require the granting of the requested reclassification. Because of the potentially adverse impact on the area, the applicant shall demonstrate the following:

   (A)   In addition to the criteria set forth in § 1-19-3.110.4, the application may be granted if the County Council finds that the proposed use conceptually satisfies the development standards and provisions set forth in this division to demonstrate compatibility with uses in the neighborhood where the proposed use is to be located; and

   (B)   The existence of a mineral deposit which is economically important and commercially valuable, which can be extracted within the limitations set forth by this article and applicable state, federal and local laws.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   (C)   Site development plan review shall occur in accordance with §§ 1-19-3.300 through 1-19-3.300.4. Subdivision shall occur in accordance with county subdivision regulations.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   (A)   The applicant shall submit an application in a format acceptable to the Zoning Administrator including:

      (1)   A concept plan in a size acceptable to the Zoning Administrator showing the location of all lot lines; the generalized location, configuration, and description of existing and proposed land use areas including zoning and county comprehensive land use designation; the location, use, size and height of existing buildings and structures; the location of all roads, parking lots, truck loading areas, internal circulation patterns, and ingress/egress drives; haul routes and adequacy thereof; the location, configuration, and description of existing land uses surrounding the subject property including zoning and county comprehensive land use designation;

      (2)   A mining and reclamation plan which meets the requirements of Md. Code Ann., Subtitle 7-6A, Natural Resources Article;

      (3)   If the applicant is licensed, a copy of its Maryland surface mining license or evidence of application for the license; if the applicant is not licensed, a copy of the license of the proposed operator;

      (4)   The applicant shall submit a justification statement describing the manner in which the proposed development will, at the time of site development plan review, comply with the general development standards as set forth in § 1-19-10.400.7.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   Mineral mining, as used herein, applies to the extraction and processing of crushed stone, building stone, sand, clay, limestone, gravel deposits, and other minerals mined in a quarry type operation. The standards set forth in this section do not regulate or permit the extraction of metallic minerals, fossil fuels or other minerals not specifically enumerated above.

   (A)   The uses permitted in the mineral mining district shall be agricultural activities and forestry activities permitted in the agricultural zone over which the mineral mining designation was attached and the following:

      (1)   Mineral extraction and processing, including grinding, polishing, washing, mixing and sorting, stockpiling, and manufacture of finished products which contain at least 40% of material derived on site;

      (2)   Borrow pits and rubble fills; and

      (3)   Those accessory uses listed under § 1-19-8.251.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014; Bill No. 19-16, 12-17-2019)

   (A)   The following general development standards shall be met at the time of site development plan review in addition to the approval criteria found in § 1-19-3.300.4.

         (a)   Minimum lot size shall be 25 acres.

         (b)   Required setbacks:

 

 

*RR is a land use designation on the County Comprehensive Plan and for the purpose of these standards is intended to be treated as land zoned residential.

         (c)   Blasting activities shall be conducted in accordance with the rules and regulations promulgated by the State of Maryland, Department of Natural Resources, Water Resources Administration, applicable to surface mining activities.

         (a)   The applicant shall establish that the roads serving the site and which will be utilized as haul routes meet the collector street standards and are capable of handling the traffic to be generated by the proposed activities.

         (b)   The applicant shall provide evidence as to what effect the proposed use will have on the groundwater supply and quality of all adjoining properties.

      (1)   The minimum lot size for all permitted uses within the district will be 25 acres.

      (2)   All operations including storage or stockpiling of excavated or processed materials will be located a minimum of 150 feet from all property lines, except land zoned GI general industrial or land upon which other extraction or processing operations are being conducted, in which case the setback from all property lines will be 50 feet. The required setback area will be landscaped and maintained as green area.

      (3)   The public road providing access to the site will meet the minimum pavement standard of a collector street as established in the County Comprehensive Plan.

      (4)   Mineral mining operations shall conform to all State of Maryland permits and other approvals.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   (A)   Existing mineral mining developments as of April 27, 2012:

      (1)   Shall retain existing approvals and conditions.

      (2)   Amendments to existing Phase I or Phase II approvals, or equivalent existing approval, resulting in an increase in intensity shall comply with the provisions of this division.

   (B)   Mineral mining developments with Phase I but without Phase II approval as of April 27, 2012 shall comply with the Phase II provisions of this division.

   (C)   Mineral mining operations in existence as of April 27, 2012 shall retain existing approvals and shall adhere to the following development standards at the time of site development plan review:

      (1)   The minimum lot size for all permitted uses within the district will be 25 acres.

      (2)   All operations including storage or stockpiling of excavated or processed materials will be located a minimum of 150 feet from all property lines, except land zoned General Industrial (GI) or land upon which other extraction or processing operations are being conducted, in which case the setback from all property lines will be 50 feet. The required setback area will be landscaped and maintained as green area.

      (3)   The public road providing access to the site will meet the minimum pavement standard of a collector street as established in the County Comprehensive Plan.

(Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   The Planned Development Districts (Planned Unit Development and Mixed Use Development) are floating zones established to provide for new development and redevelopment within identified growth areas that result in an integrated mixture of commercial, employment, residential, recreational, civic and/or cultural land uses as provided within the appropriate Frederick County Comprehensive, Community, or Corridor Plan. These uses planned and developed as a unit are intended to:

   (A)   Result in an efficient use of land and the efficient extension of public facilities;

   (B)   Allow innovative design involving flexibility not permitted within Euclidean zoning districts;

   (C)   Promote continuity of new development with existing development through building and site design, including consideration of architectural elements, landscape design, building placement, and street network;

   (D)   Promote building and site design that reduces dependence on vehicular movement through the provision of bicycle, pedestrian, and transit friendly elements which include transportation circulation networks linking internal and external residential, commercial, employment areas, and recreation, open spaces and public facilities;

   (E)   Result in an integrated mixture of uses within the Mixed Use Development District and a mixture of housing types within the Planned Unit Development District;

   (F)   Promote the protection, preservation, and integration of historic resources into the planned development through reuse, adaptive use, and rehabilitation;

   (G)   Promote the evaluation, protection, and integration of natural features and sensitive environmental resources into building and site design;

   (H)   Provide development flexibility to respond to market demands.

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)

   (A)   The PUD District may only be established where the tract of land receiving the PUD District has a County Comprehensive Plan Land Use designation of Low Density Residential, Medium Density Residential, or High Density Residential except as provided in § 1-19-10.500.2(D) below.

   (B)   The MXD District may only be established where the tract of land receiving the MXD District has a County Comprehensive Plan land use designation of Mixed Use Development, Office Research Industrial, or Limited Industrial except as provided in § 1-19-10.500.2(D) below.

   (C)   The Planned Development Districts may only be established where the tract of land receiving the Planned Development District has a category of Planned Service or higher as shown on the Frederick County Water and Sewerage Plan.

   (D)   The Planned Development District may be applied to a County Comprehensive Plan land use designation of Natural Resource where the Natural Resource land use designation is a minor portion of the overall tract receiving the Planned Development District. Those portions of the project having a land use designation of Natural Resource may not be included in the density calculation.

   (E)   There shall be no minimum tract size, lot area, or lot width for the Planned Development Districts.

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)

   The County Council may approve or disapprove a request for rezoning of property to a Planned Development District if persuaded that granting the request is appropriate and serves the public interest. The approval or disapproval of a request for the application will be determined through evaluation of several criteria to establish whether the proposed project meets the purpose and intent of the zoning district. In addition to the requirements in § 1-19-3.110.4, the Planning Commission and County Council must find that the project adequately addresses the following criteria:

   (A)   The proposed development is compact, employing design principles that result in efficient consumption of land, efficient extension of public infrastructure, and efficient provision of public facilities;

   (B)   The proposed development design and building siting are in accordance with the County Comprehensive Plan, and any applicable community and corridor plans;

   (C)   The proposed development is compatible with existing or anticipated surrounding land uses with regard to size, building scale, intensity, setbacks, and landscaping, or the proposal provides for mitigation of differences in appearance or scale through such means as setbacks, screening, landscaping; or other design features in accordance with the County Comprehensive Plan, and any applicable community or corridor plans;

   (D)   The proposed development provides a safe and efficient arrangement of land use, buildings, infrastructure, and transportation circulation systems. Factors to be evaluated include: connections between existing and proposed community development patterns, extension of the street network; pedestrian connections to, from, and between buildings, parking areas, recreation, and open space;

   (E)   The transportation system is or will be made adequate to serve the proposed development in addition to existing and pipeline uses in the area. Factors to be evaluated include: roadway capacity, level of service and safety, on-street parking impacts, access requirements, neighborhood and natural resource impacts, projected construction schedule of planned improvements, pedestrian and bicycle safety, and results of travel demand modeling assessing the change in future daily travel volumes, with and without the proposed development;

   (F)   The proposed development provides design and building placement that optimizes walking, biking, and use of public transit. Factors to be evaluated include: extension of the street network; existing and proposed community development patterns; and pedestrian connections to, from, and between buildings, parking areas, recreation, and open space;

   (G)   Existing fire and emergency medical service facilities are or will be made adequate to serve the increased demand from the proposed development in addition to existing uses in the area. Factors to be evaluated include: response time, projected schedule of providing planned improvements, bridges, roads, and nature and type of available response apparatus;

   (H)   Natural features of the site have been adequately considered and protected in the design of the proposed development. Factors to be evaluated include: the relationship of existing natural features to man-made features both on-site and in the immediate vicinity, natural features connectivity, energy efficient site design, use of environmental site design or low impact development techniques in accordance with Chapter 1-15.2 of the Frederick County Code;

   (I)   The proposed mixture of land uses is consistent with the purpose and intent of the underlying County Comprehensive Plan land use designation(s), and any applicable community or corridor plans;

   (J)   Planned developments shall be served adequately by public facilities and services. Additionally, increased demand for public facilities, services, and utilities created by the proposed development (including without limitation water, sewer, transportation, parks and recreation, schools, fire and emergency services, libraries, and law enforcement) shall be evaluated as adequate or to be made adequate within established county standards;

   (K)   Sensitive environmental resources are protected to the maximum extent practicable; and

   (L)   All efforts have been made to promote the protection, preservation, and integration of historic resources into the planned development through reuse, adaptive use and rehabilitation.

(Ord. 10-26-561, 11-9-2010; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)

   Review and approval of the Planned Development District includes a preapplication conference, neighborhood meeting, Phase I justification and floating zone reclassification, and Phase II execution. The applicant must obtain all necessary approvals at each phase prior to proceeding to the next phase.

   (A)   Preapplication conference. Prior to a Phase I application submission, a preapplication conference shall be held with the Division. The conference is intended to provide information to the applicant regarding application requirements, review and approval procedures, neighborhood meeting requirements, discussion of development constraints and opportunities, county policy initiatives, and the County Comprehensive Plan. The applicant shall submit preapplication information in a format acceptable to the Division, including: a description of the tract of land for which the Planned Development District is proposed; existing and proposed land uses; existing historic and natural features; or other information as required to adequately evaluate the application.

      (1)   A public notice sign shall be erected by the applicant within ten feet of each property line that abuts a public or private street. The sign shall note the time, date, place, and purpose of the neighborhood meeting and shall be posted at least 30 days prior to the neighborhood meeting.

      (2)   The applicant shall notify by mail all adjoining property owners, whether separated by streets, railroads, or other rights-of-way, and homeowner associations located within five miles of the subject property, of the time, date, place and purpose of the neighborhood meeting.

      (3)   The applicant shall provide a formal record of the neighborhood meeting, including the date and location of the meeting, how it was advertised, attendees, issues raised by the attendees, and responses by the applicant to address the questions and concerns raised at the meeting.

      (1)   Prior to Phase I application the tract of land receiving the proposed Planned Development District shall be classified as Planned Service or higher on the Frederick County Water and Sewerage Plan.

      (2)   Phase I approval shall include approval of a concept plan graphically illustrating the project. The concept plan shall be submitted for review as part of the Phase I application.

      (1)   Prior to Phase II application the Planned Development District property must be classified at least W4/S4 on the Frederick County Water and Sewerage Plan.

      (2)   Subsequent to Phase I approval and prior to or concurrent with Phase II approval the applicant shall obtain Adequate Public Facilities Ordinance (APFO) approval in accordance with Chapter 1-20 of the Frederick County Code.

      (3)   Subdivision shall occur in accordance with county subdivision regulations. Site development plan review shall occur in accordance with §§ 1-19-3.300 through 1-19-3.300.4.

(Ord. 10-26-561, 11-9-2010; Ord. 12-04-599, 2-21-2012; Ord. 14-23-678, 11-13-2014; Bill No. 16-10, 9-6-2016; Bill No. 20-07, 8-4-2020)

   A Phase I application for Planned Development District reclassification and concept plan approval must include sufficient information to provide the County Council with a basis to approve the overall concept of the project, rezone the property, and set a maximum permitted land use density, or the County Council may in its sole discretion, disapprove the rezoning request. At a minimum, a Phase I application shall include: information regarding the existing site conditions, a concept plan providing a graphic illustration of the proposed development, a justification statement, and a proposed phasing plan in accordance with the following standards:

      (1)   A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, depicting the tract of land proposed for development with respect to surrounding properties and streets. At a minimum the map will show all streets and highways within 2,000 feet of the property proposed for development. Where available, the vicinity map shall include state assessment tax map, parcel number, and tax identification for all properties depicted.

      (2)   A boundary survey prepared and certified by a registered land surveyor within the State of Maryland. The boundary survey shall identify all easements affecting the tract of land proposed for development, and other physical encumbrances readily identified by a field inspection.

      (3)   A transportation map indicating the location of the tract of land proposed for development, with respect to local, collector, and arterial streets, existing easements and rights-of-way on or abutting the tract of land proposed for development, all existing bicycle and pedestrian facilities, and existing and planned transit facilities including routes and stops. The transportation map scale shall be determined at the preapplication conference based on project specifics.

      (4)   A land use map at a scale of 1 inch = 100 feet, indicating the type, location, acreage, and density of all existing land uses, the general street layout and circulation pattern, including existing zoning and County Comprehensive Plan land use designation. Existing land uses shall be included to a distance of 500 feet surrounding the tract of land proposed for development.

      (5)   An aerial photograph with the tract of land proposed for development and project site clearly delineated.

      (6)   An environmental and natural features map at a minimum scale of 1 inch = 100 feet. Unless otherwise specified by the Division, the map shall reflect the tract of land proposed for development and the first 100 feet of adjoining land or width of the adjacent lot, whichever is less, and include the following:

         (a)   Intermittent and perennial streams, drainage courses, and historic flow-ways on or within 200 feet of the tract of land proposed for development, including stream setbacks as required in § 1-19-9.400;

         (b)   Areas of 100 year floodplain as depicted by the Federal Emergency Management Agency flood insurance rate maps or amendments thereto, including floodplain and stream setbacks as required in § 1-19-9.110;

         (c)   Topography at a minimum of 5 foot contour intervals unless otherwise required by the Division;

         (d)   Moderate slopes (15% to <25%) and steep slopes (25% or greater);

         (e)   Wetsoils and flooding soils, including buffers;

         (f)   Tree lines, forested areas, and rock formations including historic, champion, and specimen trees and green infrastructure hubs and corridors;

         (g)   Location and type of native, exotic, and invasive vegetation;

         (h)   Jurisdictional wetlands and their buffers, including total acreage;

         (i)   Any other relevant information as required by the Division;

      (7)   The location and description of all sites, buildings, structures, or other objects listed on or eligible for the National Register of Historic Places, Frederick County Register of Historic Places, or as listed on the Maryland Inventory of Historic Properties.

      (1)   Generalized location and type of existing and proposed easements;

      (2)   Generalized location, configuration, and typical dimensions of all proposed subdivision lots;

      (3)   Generalized location, configuration, and description of proposed land use areas including: land use, square footage, height, and number of stories of proposed buildings, proposed density, parking and loading areas, ingress and egress, natural features, historic and cultural features, and recreation/open space areas;

      (4)   Existing land use surrounding the subject property including zoning and County Comprehensive Plan land use designation;

      (5)   A transportation map detailing the generalized location and design of the proposed internal and external vehicular and nonvehicular transportation network, connections to existing transportation facilities, and general trip generation for the proposed land use(s).

      (6)   A table and comparative analysis providing an explanation of the project gross and net density as proposed within the PUD or MXD District compared to the gross and net density as permitted within the existing land use designation. For the purposes of calculating gross and net density the following formulas shall be used:

      total number of dwelling units ÷ total project acreage = gross density

      total number of dwelling units ÷ the total project buildable acreage = net density

The calculation of net density excludes:

         (a)   FEMA floodplain boundaries, including 25-foot floodplain buffer;

         (b)   Priority forest conservation and forestation areas as listed under § 1-21-40;

         (c)   Jurisdictional wetland boundaries and 25-foot buffers;

         (d)   Hydrography, including perennial and intermittent streams and stream body buffer setback;

         (e)   Steep slopes (over 25%) associated with hydrological features and/or erodible soils;

         (f)   Nonresidential components (i.e. commercial areas); and

         (g)   Roadways and other land proposed to be dedicated for public purpose.

      (7)   Building and spaces visualization. The Phase I application shall include a buildings and spaces visualization component to serve as a graphical translation of the Planned Development District concept plan. This application component may utilize any visualization tool necessary to adequately demonstrate the conceptual layout of streets, buildings, open spaces, and structures in the Planned Development District. The primary purpose of this component shall be to communicate the conceptual form of the proposed development for the purpose of evaluating whether the project meets the Planned Development District provisions.

      (8)   Identification of scenic views onto the tract from surrounding roads and public areas, and how impacts to these view sheds are mitigated.

      (9)   Identification of historic resources and how all efforts have been made to promote the protection, preservation, and integration of historic resources into the planned development through reuse, adaptive use and rehabilitation.

      (10)   Identification of sensitive environmental resources and how impacts to these resources are avoided or minimized to the maximum extent practicable. Sensitive environmental resources include but are not limited to:

         (a)   FEMA floodplain boundaries, including 25-foot floodplain buffer;

         (b)   Priority forest conservation and forestation areas as listed under § 1-21-40;

         (c)   Jurisdictional wetland boundaries and 25-foot buffers;

         (d)   Hydrography, including perennial and intermittent streams and stream body buffer setbacks;

         (e)   Steep slopes (over 25%) associated with hydrological features and/or erodible soils; and

         (f)   Areas identified as green infrastructure network and/or sensitive species areas in the green infrastructure sector of the Livable Frederick Master Plan.

   (C)   The justification statement. The justification statement shall address each of the approval criteria set forth above and within §§ 1-19-3.110.1 through 1-19-3.110.6 of this chapter.

   (D)   The phasing plan. The proposed phasing plan shall describe the timing and sequence for dedication of public lands and development of public facilities and utilities.

   (E)   The Phase II application shall be provided in accordance with all applicable subdivision or site development plan review requirements, in addition to other required submissions and approvals (including without limitation, Adequate Public Facilities Ordinance studies, Forest Resource Ordinance plans, sight-distance studies, and stormwater management concepts).

   (F)   A combined application for PUD and MXD Districts may be submitted where the subject property is to be divided into development areas which correspond to a different planned development category; and where each development area is identified by a separate legal description.

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)

      (1)   Residential. All residential uses including single family, duplex, townhouse, multifamily, or a continuing care retirement community (CCRC).

      (2)   Commercial. T Those uses permitted within the Village Center zoning district, indoor sports recreation facilities without racetracks, and funeral homes.

      (3)   Employment. Those uses permitted within the ORI zoning district as approved by the Planning Commission.

      (4)   Institutional. Institutional uses shall be limited to recreational and community activities, public services and facilities, health care facilities, schools, and institutional uses as provided within § 1-19-5.310 Use Table.

      (5)   Uses which are customary, accessory or associated with uses as permitted within this section or specifically approved by the Zoning Administrator including: private garages, storage spaces, tool sheds, or other similar uses.

      (6)   A CCRC PUD or a CCRC as a portion of a PUD may include related accessory uses for the benefit or convenience of the residents and their guests including but not limited to: kitchen and dining facilities, restaurants, places of worship, indoor and outdoor recreational uses, retail and banking facilities, beauty salon and barbershops, gift shops, classrooms, medical offices, medical clinic, laboratory services, exercise and vocational activity areas. A complete listing and range of square footage for each individual accessory use must be shown on the Phase I plan. The County Council may deny or reduce the size, type, location, and/or mixture of the various accessory uses if determined that it is inappropriate for the site or overall area of the CCRC.

      (1)   Existing County Comprehensive Plan land use designation and the intended dwelling type and density.

      (2)   Need for a particular dwelling type based on existing and proposed residential dwelling types surrounding the tract of land receiving the PUD district.

      (3)   The County Comprehensive Plan community design policy of including a variety of dwelling types in all communities in Frederick County.

      (4)   The mixture of dwellings recommended within the County Comprehensive, Community, and Corridor Plans for the tract of land receiving the PUD district.

      (5)   The amount and type of moderately priced dwelling units to be constructed.

      (1)   Whether the number and type of existing or proposed commercial/employment land uses located within a distance that may be reasonably expected to serve a majority of the proposed residential dwelling units adequately provide retail, business, and personal services to the proposed residential land use.

      (2)   Whether the design of the proposed development maximizes use of alternate modes of transportation (pedestrian, bicycle, and transit) reducing the need for vehicular movement between residential and commercial/employment land uses.

      (3)   Whether the proposed development reflects a land use mixture consistent with the County Comprehensive, Community, and Corridor Plans.

      (1)   Open space/green area within the proposed PUD development shall be calculated based on gross project area, and provided at the following minimum rates:

 

 

      (2)   The County Council may require public parks and recreation facilities in addition to open space/green area. (See also § 1-19-10.500.8(A).)

      (3)   A reduction of not more than 50% of the open space/green area requirement may be granted where the County Council finds that open space/green area requirements are met through the use of low impact development techniques, environmental site design techniques, open space green area located in close proximity to the proposed development (to include public park facilities), or a combination thereof. (See also § 1-19-10.500.8(A)).

   (E)   Building square footages will be used to determine the land use percentages within mixed-use buildings.

   (F)   The County Council may in its sole discretion, deny, reduce, or increase the size, type, location, and/or mixture of the various land use components if it determines that the change is appropriate for the site or overall area of the PUD.

   (G)   As part of Phase II execution, the Planning Commission may approve minor modifications to individual land use location (such as single-family detached, duplex, or townhouse), provided that the location of the overall land use component (residential) within the site has not been modified. Any change in the amount or percentage mix of commercial and/or residential development of a PUD project having Phase I approval, must be approved by the County Council under the provisions of this division.

         (a)   Gross density of a proposed PUD development shall comply with the following table. The gross density may not exceed the maximum density specified by the County Comprehensive Plan residential land use designation of the subject property:

 

 

         (b)   Where the tract of land receiving the PUD District has 2 or more residential land use designations, then the density may be calculated as a weighted average of the density ranges as specified for the residential land use designations in which the PUD is proposed.

         (c)   Where the tract of land receiving the PUD District has both residential and natural resource land use designations, the density may be calculated based on the combined area of the land use designations. (See also § 1-19-10.500.9(B)(2).)

         (d)   The maximum density of the Planned Development District shall be approved at Phase I by the County Council after review and evaluation of the following factors:

            1.   Existing and planned availability of public facilities and utilities.

            2.   Access to existing or planned transportation networks with consideration that the highest density commercial, employment, and residential developments should be located near access to major thoroughfares, public transportation systems, and transit hubs to facilitate smart growth principles and compact development.

            3.   The physical characteristics of the site proposed for development with particular emphasis on development constraints which may restrict achievable density and dwelling type, including natural features such as:

               a.   FEMA floodplain boundaries, including 25-foot floodplain buffer;

               b.   Priority forest conservation and forestation areas as listed under § 1-21-40(B);

               c.   Jurisdictional wetland boundaries and 25-foot buffers;

               d.   Hydrography, including perennial and intermittent stream and stream body buffer setback;

               e.   Steep slopes (over 25%) associated with hydrological features and/or erodible soils;

               f.   Nonresidential components (i.e. commercial areas); and

               g.   Roadways and other land proposed to be dedicated for public purpose.

            4.   The shape of the site proposed for development.

            5.   The design of the proposed development.

            6.   Any other relevant information that may have a bearing on the achievable density of the proposed development.

         (e)   Planned Development Districts are subject to the MPDU requirements set forth in this chapter. Density bonus will be determined as part of the Phase I review process.

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 19-10, 7-16-2019; Bill No. 20-07, 8-4-2020; Bill No. 22-28, 10-18-2022)

      (2)   Commercial. Those uses permitted within the General Commercial Zoning District Except for the following: auction house, lumber yard, mobile home sales, boat sales and service, farm equipment sales and service, carpentry, electric, plumbing, welding, printing and upholstering establishments, fencing/pool/siding contractors, agricultural products processing, bottling plant, stone monument processing and sales, bus depot, animal auction sales, and racetrack.

      (5)   Uses which are customary, accessory or associated with permitted uses as provided within this chapter, or those accessory uses specifically approved by the Zoning Administrator.

      (1)   Land use mixture within the MXD District shall be established by the County Council at Phase I in accordance with the following:

 

      (2)   A mixture of residential and commercial/employment land uses shall be provided within the MXD District where applied to areas reflecting a County Comprehensive Plan land use designation of Mixed Use Development. The proposed development shall provide a mixture of land uses consistent with applicable County Community or Corridor Plans.

      (3)   The County Council may require public parks and recreation facilities in addition to open space/green area. (See also § 1-19-10.500.8(A).)

      (4)   A reduction of not more than 50% of the open space/green area requirement may be granted where the County Council finds that open space/green area requirements are met through the use of low impact development techniques, environmental site design techniques, open space green area located in close proximity to the proposed development (to include public park facilities), or a combination thereof. (See also § 1-19-10.500.8(A)).

   (C)   Building square footages will be used to determine the land use percentages within mixed-use buildings.

   (D)   The County Council may in its sole discretion, deny, reduce, or increase the size, type, location, and/or mixture of the various land use components if the County Council determines that the change is appropriate for the site or overall area of the MXD and necessary to achieve the purpose and intent of the MXD District.

   (E)   As part of Phase II execution, the Planning Commission may approve minor modifications to individual land use location (such as single-family detached, duplex, or townhouse), provided that the location of the overall land use component (residential) within the site has not been modified. Any change in the amount or percentage mix of commercial and/or residential development of a MXD project having Phase I approval, must be approved by the County Council as a new Phase I application.

         (a)   Gross density within a MXD District including residential dwelling units shall be established by the County Council at Phase I.

         (b)   The maximum density of the MXD shall be established at Phase I by the County Council after review and evaluation of the following factors:

            1.   Existing and planned availability of public facilities and utilities.

            2.   Access to existing or planned transportation networks with consideration that the highest density commercial, employment, and residential developments should be located near access to major thoroughfares, public transportation systems, and transit hubs to facilitate smart growth principles and compact development.

            3.   The physical characteristics of the site proposed for development with particular emphasis on development constraints which may restrict achievable density and dwelling type, including natural features such as FEMA floodplain boundaries, including 25-foot floodplain buffer, priority forest conservation and forestation areas as listed under § 1-21-40(B), jurisdictional wetland boundaries and 25-foot buffers, hydrography, including perennial and intermittent streams and stream body buffer setback, steep slopes (over 25%) associated with hydrological features and/or erodible soils.

            4.   The shape of the site proposed for development.

            5.   The design of the proposed development.

            6.   Any other relevant information that may have a bearing on the achievable density of the proposed development.

         (c)   Planned Development Districts are subject to the MPDU requirements set forth in this chapter. Density bonus will be determined as part of the Phase I review process.

         (d)   Where a portion of the tract of land receiving the MXD District reflects the natural resource land use designation the density may be calculated based on the combined area of the land use designations. (See also § 1-19-10.500.9(B)(2).)

      (2)   Setbacks and height. Setbacks and height shall be established by the Planning Commission at Phase II consistent with the general development standards as provided in § 1-19-10.500.9, reflecting the proposed development pattern and land use within the Phase I project concept plan or portion thereof, reflecting the location of the project within the county with consideration of the existing development pattern surrounding the proposed development, and consistent with the appropriate community and corridor plans.

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)

      (1)   Parks and recreation facilities may be required in addition to open space/green area based on an evaluation of existing parks and recreation facilities or parks and recreation facilities proposed as a portion of the Planned Development District.

      (2)   Parks and recreation facilities shall be provided at a rate of 726 square feet per 2,000 square feet of gross floor area

      (3)   Those areas containing floodplain, steep slopes, wetlands, flooding soils, or other similar features may be utilized toward meeting passive recreation requirements where land disturbance and clearing are minimized.

      (4)   Where public park facilities are required in addition to open space/green area, the County Council may approve the use of passive recreation amenities such as floodplain, wetlands, steep slopes, flooding soils or other similar features in meeting open space/green area requirements.

   (B)   Other public facilities. The County Council may require additional sites for other public facilities including schools, library services, or a fire and emergency medical service site to serve the proposed development where the County Council determines that a need exists based on established county standards of service.

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   The following general development standards shall be met at the time of Phase II execution unless modified by the Planning Commission as provided in § 1-19-10.500.9(D).

      (1)   Parking, loading, landscaping, lighting, setbacks, and height shall be provided in accordance with this chapter.

      (2)   Land uses shall be integrated so as to provide: bicycle, pedestrian, transit, and vehicular connections between land use bays; site design and building placement that facilitates land use interaction rather than separation; land use location that provides for a transition between land uses in both design and intensity, rather than segregation of land uses.

      (3)   Pedestrian walkways and crossings shall provide convenient and safe access linking buildings, parking areas, transit facilities, pedestrian facilities, and recreation areas.

      (4)   Pedestrian walkways and crossings shall be marked or constructed of materials to provide a distinction from areas of vehicular movement.

      (5)   Maximum block length within the proposed development and maximum building footprint of commercial structures (as provided in § 1-19-10.500.6(A)(2) and § 1-19-10.500.7(A)(2)) shall be approved by the Planning Commission reflecting the overall proposed project development pattern, the location of the project within the county, and consistency with applicable community and corridor plans.

      (6)   Buildings shall predominantly be designed and constructed to include finishes and materials of consistent quality and design on all sides such as: changes in building plane, windows, doorways, entrances, overhanging eaves, and shutters. Buildings may not include large expanses of undifferentiated façades and long plain wall sections.

      (7)   Building design shall reflect the materials and architecture of traditional villages and towns throughout Frederick County and central Maryland unless otherwise provided within county community and corridor plans.

      (8)   Buildings shall be designed and oriented in terms of their relationship to the human scale and shall reflect this relationship through the inclusion of human-scaled architectural elements such as, but not, limited to: porches, windows, doors, balconies, terraces, canopies, and other pedestrian amenities.

      (9)   Buildings shall provide a primary pedestrian entrance onto a street, square, plaza, or sidewalk.

      (10)   Buildings shall be oriented so that rear entrances and rear façades face away from roadways, pedestrian and public areas.

      (11)   As many buildings as possible shall be oriented to pedestrian ways, local public streets, or internal roadways in larger developments.

      (12)   Building placement shall provide for the concentration of service entrances, mechanical equipment, utilities and non-public facilities (i.e., refuse containers or outside storage) away from public access areas.

      (13)   Building and site design shall be oriented to provide safe and convenient access to public transit facilities in accordance with the Frederick County transit-friendly design guidelines.

      (14)   Parking shall be predominantly located to the side and/or rear of buildings.

      (15)   Parking lots may not create long expanses of empty street frontage.

      (16)   Projects shall be designed to link to existing and planned transportation networks, incorporate an interconnected street grid, and shall avoid commercial 'strip' development where vehicular access is achieved directly to a collector classification roadway or higher.

      (17)   Shared access and interior drives with allowance for interconnection between properties shall be provided where feasible. The Planning Commission may require consolidation of multiple access points in complying with this standard. At the rear of properties access should be provided by alleyways or parking lot interconnections.

      (18)   To the extent practical, shared and joint use parking shall be integrated into the overall parking plan to achieve a reduction in on-site parking and impervious surface.

      (19)   Noise attenuation standards as approved by the Planning Commission including walls, fences, berms and landscaping, acoustical building materials, and/or increased setbacks shall be utilized to mitigate negative impacts where residential development is proposed adjacent to an arterial or freeway/expressway as identified in the County Comprehensive Plan.

      (20)   Parks, open spaces, plazas, courtyards, green areas, recreation areas, civic spaces, and community facilities shall be designed and located in such a way as to maximize their proximity, convenience, and physical accessibility to the greatest number of potential users in the Planned Development District. Such amenities shall serve as central organizing features of the development and shall serve to enhance the pedestrian and bicycling environment of the proposed development.

      (21)   Existing site structures and features shall be evaluated for the feasibility of preservation and integration into the proposed development. The evaluation shall include buildings, sites, structures, or other objects as listed on or eligible for the National Register of Historic Places, Frederick County Register of Historic Places, or as listed on the Maryland Inventory of Historic Properties.

      (1)   Insofar as practical, the landscape shall be preserved in its natural state by:

         (a)   Minimizing tree and soil removal or disturbance;

         (b)   Siting buildings to protect and enhance the relationship between the buildings and the natural terrain;

         (c)   Retaining existing tree lines, forested areas, and rock formations reducing visual impacts of development on surrounding properties and rights-of-way;

         (d)   Establishing and preserving connectivity of and between natural features.

      (2)   Where the Planned Development District has been applied to a County Comprehensive Plan land use designation of Natural Resource, the area designated Natural Resource may not be developed with dwelling units or commercial/employment structures, and roadways and vehicular crossings shall be minimized.

      (1)   The location, design, and extent of public facilities shall be provided in accordance with county standards and the County Comprehensive Plan.

         (a)   Streets dedicated to public use shall, after acceptance by the county, be maintained by the county.

         (b)   Streets, alleyways or parking areas not dedicated to public use or not accepted by the county shall be constructed to established county standards and shall be maintained by a property owners association, condominium association, or similar organization.

         (c)   Open space/green area and parks and recreation areas may be owned and maintained by the county, or by a home owners association, condominium association or similar organization, subject to the approval of the Planning Commission and acceptance by the county.

      (1)   Modifications to parking, loading, landscaping, screening, and buffering requirements shall be limited to modifications as provided for within Article VI: District Regulations.

      (2)   All other modifications may be granted where the applicant or Planning Commission authorized representative can demonstrate need based on characteristics of the proposed use, physical site constraints, or other documentation as approved by the Planning Commission.

      (3)   Where a modification has been granted, the Planning Commission may require alterations to building and site design to minimize negative impacts on surrounding properties that may result from the modification. The building and site design modifications may include: location of public access, buffering and screening, landscaping, lighting, outdoor recreation areas, building location and orientation.

      (4)   The Planning Commission may approve a modification of §§ 1-19-6.300 through 1-19-6.320 for a commercial, non-residential component of a PUD or MXD. The review and approval shall consider how the plan:

         (a)   Affects pedestrian and vehicular safety and wayfinding;

         (b)   Thematically represents the commercial/employment or community as a whole;

         (c)   Maintains and enhances the aesthetic environment by reducing visual clutter along a roadway and minimizing other adverse effects;

         (d)   Compares to the strict adherence of the sign requirement being modified, provided the overall total amount, type, and height of proposed signage is not greater than what would otherwise be permitted for the project; and

         (e)   Furthers other county or state design goals or policies.

(Ord. 10-26-561, 11-9-2010; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014; Bill No. 20-19, 1-19-2021)

   (A)   Where a continuing care retirement community (CCRC) constitutes an entire PUD application (CCRC PUD), the tract shall have a minimum lot width of 200 feet and a minimum lot size of 5 acres.

   (B)   If any development or portion thereof requests designation as an age-restricted community for the purpose of being exempt from the Adequate Public Facilities Ordinance (APFO) schools test under § 1-20-7(E), this request must be made as part of the applicant's Phase I application, indicating the number and location of the proposed age-restricted dwelling units.

   (C)   The Planning Commission and the County Council, in their respective reviews of the proposed development, shall consider the following criteria to determine whether the project or portion thereof may be approved for designation as an age restricted community:

      (1)   Active and passive recreational amenities.

      (2)   Availability, suitability and proximity of the development to planned support services.

      (3)   The amount of existing and approved age-restricted development in the county and in proximity to the proposed development.

   (D)   An adaptive reuse project is not required to be designated at Phase I as an age-restricted community in order to apply for the exemption from the APFO schools test under § 1-20-7(E).

(Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   (A)   Mixed-Use Developments (MXD) and Planned Unit Developments (PUD) with Phase I and Phase II approval as of November 20, 2010:

      (1)    Shall retain existing approvals including the land use intensity and density rating as approved by the County Council.

      (2)   Amendments to existing Phase I or Phase II approvals that increase intensity or density shall comply with the provisions of this division.

   (B)   Mixed-Use Developments (MXD) and Planned Unit Developments (PUD) with Phase I approval but without Phase II approval as of November 20, 2010, shall comply with the Phase II provisions of this division.

(Ord. 10-26-561, 11-9-2010; Ord. 14-23-678, 11-13-2014)

   The Mobile Home Park District (MH) is a floating zone established for the purpose of providing for the development of planned mobile home parks thereby increasing choices of housing types.

(Ord. 77-1-78, § 40-54, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   This section provides for the establishment of complete communities based around the concept of a community of mobile homes.

   (B)   Location of mobile home park district as a floating zone may be established within areas delineated in the adopted County Comprehensive Development Plan as low, medium or high density residential.

   (C)   (1)   The minimum tract size for a mobile home park is 10 acres, with a minimum tract width of 300 feet and green area of 50 foot depth from the tract property lines. Density shall be determined as follows:

 

 

      (2)   Density may be increased 10%, provided the cluster concept design is used as approved by the Planning Commission and 50% of the area gained from reduced sizes is set aside as green area. Mobile home parks are subject to § 1-19-8.620 through § 1-19-8.620.6.

   (D)   One acre for every 10 acres of the site area will be used for recreation space. This will not include the area within required setbacks.

   (E)   The minimum distance between individual mobile home units will be 20 feet.

   (F)   Central water and sewerage systems shall be provided in all mobile home developments. Such systems shall be designed, constructed and maintained in accordance with state and county laws. Plans for the operation and maintenance of such systems are to be approved by the county and the State Health Department. Septic systems are prohibited.

   (G)   All utilities, including but not limited to electric and telephone lines, shall be placed underground in accordance with rules and procedures established by the Maryland Public Service Commission.

   (H)   Vehicular access and parking shall be provided in accordance with the County Design Manual.

   (I)   Phase I procedure for approval will be the same as for zoning map amendments as established in §§ 1-19-3.110.1 through 1-19-3.110.8 of this Code.

   (J)   Phase II will be submission of preliminary and final plat submitted in accordance with the county subdivision regulations. Final plats will be recorded and shall constitute final approval of the mobile home park.

(Ord. 77-1-78, § 40-63(B), 1-24-1977; Ord. 77-10-87, 8-22-1977; Ord. 02-26-322, 11-21-2002; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Solid Waste District (SW) shall be a floating zone which may be established within Agricultural, Village Center, Highway Service, General Commercial, Office Research/Industrial, Limited Industrial and General Industrial Zoning Districts and when having the corresponding Comprehensive Plan land use designation.

   (B)   The uses permitted in the Solid Waste District shall be as set forth in § 1-19-5.310. Any use, dealing with solid waste which requires a permit from the Maryland Department of the Environment not specifically addressed in § 1-19-5.310, will be reviewed under these criteria and may be established only upon the approval of the County Council.

   (C)   A property owner may file an application which shall consist of the following:

      (1)   Application stating request;

      (2)   Site plan;

      (3)   Statement of consistency with the County Solid Waste Plan;

      (4)   Documents establishing compliance with all development standards set forth below;

      (5)   A traffic study establishing that adequate traffic routes are available;

   (D)   The application shall be filed and processed in the same manner as a zoning map amendment. The application may be granted if the County Council finds that the applicant has established that the proposed use is compatible with neighborhood uses, consistent with the Comprehensive Plan for the county and the region in which it is located, and it satisfies the development standards and criteria set forth in this section and all other applicable provisions of this chapter.

   (E)   Development standards.

      (1)   Minimum lot size. Minimum lot size shall be 10 acres.

      (2)   Location on floodplain prohibited. No portion of the site on which the solid waste facility is located may be within a designated floodplain.

      (3)   Required setbacks. All activities associated with the use shall be located a minimum of 150 feet from the property lines.

      (4)   Building height restrictions. The height of principal use equipment shall not exceed 100 feet from grade; accessory structures shall not exceed 60 feet from grade. Agricultural buildings are exempt from height restrictions.

      (5)   Frontage. The site shall have a minimum of 80 feet frontage on a public road meeting the collector street standards established in the Master Highway Plan. Access shall not be provided by use of a panhandle.

      (6)   Lot width. The lot width at the front building line shall be a minimum of 300 feet.

      (7)   Open space/green areas. All setback areas shall be landscaped and maintained as green space.

      (8)   Exclusions from setbacks. Fences, railroad access, warning signs, security/noise barriers, berms and access roads may be located within the setback areas.

      (9)   Fencing. Fencing shall be required around all solid waste and accessory activity areas.

      (10)   Lighting. Lighting shall be designed and directed so as not to adversely impact adjoining properties and shall be specifically approved during the site plan approval process.

      (11)   Access. Commercial/industrial entrance standards shall be utilized in the design of any point of access to a public road, including acceleration and deceleration and bypass lanes as necessary.

   (F)   All activities associated with the solid waste use and all other activities conducted on the site shall meet all applicable federal, state and local regulations governing noise, dust, air pollutant emissions, vibrations, water appropriation and discharge, including those established in § 1-19-7.610 of this chapter as set forth for Limited Industrial (LI) Districts.

(Ord. 91-32-032, 11-19-1991; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

      (1)   The Institutional District is a floating zone established to provide for the location and development of large-scale public and private institutional uses including public airports, college or universities, private schools, or public schools in areas with an agricultural/rural or institutional County Comprehensive Plan land use designation. Institutional uses fulfill the important function of providing for the educational, health, and social well-being of residents. However, large institutional facilities, because of their size, scale, and intensity, may create adverse impacts on surrounding properties and neighborhoods. These adverse impacts include noise, significant traffic volumes, and consumption of large areas of land for parking, infrastructure, and related facilities. Review and siting of these facilities through a floating zone process will maintain the purpose of the agricultural/rural areas identified by the County Comprehensive Plan by directing development to areas contiguous to concentrations of growth rather than where only services intended for rural and agricultural activities have been provided, will mitigate or minimize impacts to surrounding properties and mitigate or avoid traffic congestion which improves pedestrian and roadway safety.

      (1)   The Institutional District may be established where:

         (a)   The tract of land receiving the Institutional District has a County Comprehensive Plan land use designation of either agricultural/rural or institutional. The Institutional District may be applied to a County Comprehensive Plan land use designation of Rural Residential (RurR), Low Density Residential (LDR), or Natural Resource (NR) where the RurR, LDR, or NR land use designations are a minor portion of the overall institutional project or a minor portion of the overall tract(s) receiving the Institutional District. Those portions of the project having a land use designation of Natural Resource may only be developed as provided in § 1-19-10.900(G)(5); and

         (b)   The tract of land receiving the Institutional District has frontage on and direct access to a roadway with at least a collector status, as designated on the County Comprehensive Plan, and is built to said classification requirements. The County Council may waive or modify this requirement where the tract of land receiving the Institutional District is within 2 miles of an existing grade separated interchange constructed on a controlled access freeway/expressway or within 2 miles of a proposed grade separated interchange constructed on a controlled access freeway/ expressway as shown on the Frederick County Comprehensive Plan; and

         (c)   The tract of land receiving the Institutional District is within ½ mile of a community growth boundary or is contiguous or within a community growth boundary as designated by the County Comprehensive Plan. For the purposes of this subsection, a property separated from a community growth boundary by a transportation or utility right- of-way (whether fee simple estate or lesser interest in realty) is deemed to be contiguous along the length of such right-of-way; or

         (d)   Where multiple contiguous parcels of land under one ownership constitute a project, at least one parcel is within or contiguous to a community growth boundary as designated on the County Comprehensive Plan.

      (2)   The tract of land receiving the Institutional District shall total no more than 100 acres except where the applicant can demonstrate that the increased size is required to meet the needs of the proposed development.

      (1)   Approval or disapproval of a request for the application of the Institutional Zoning District shall be determined through evaluation of several criteria to establish whether the proposed project meets the purpose and intent of the zoning district. In addition to the requirements in § 1-19-3.110.4(A)(1)-(6), the Planning Commission and County Council shall evaluate the project on the following criteria:

         (a)   The project provides facilities that are planned and located in accordance with the Frederick County community design guidelines and development principles while considering the purpose and intent of the agricultural/rural or institutional land use designation;

         (b)   The proposed use will be compatible with existing or anticipated surrounding uses in terms of size, building scale and style, intensity, setbacks, and landscaping, or the proposal provides for mitigation of differences in appearance or scale through such means as setbacks, screening, landscaping or other design features. Anticipated surrounding uses shall be determined based upon existing zoning and land use designations;

         (c)   The project provides a safe and efficient arrangement of land use, buildings, traffic and pedestrian circulation systems, and infrastructure;

         (d)   The transportation system is adequate to serve the proposed use in addition to existing uses in the area. Evaluation factors include roadway capacity and level of service, on-street parking impacts, access requirements, a traffic management plan, neighborhood impacts, and pedestrian safety;

         (e)   Natural features of the site have been adequately considered and utilized in the design of the project. Evaluation factors include the relationship of existing natural features to man-made features both on-site and in the immediate vicinity;

         (f)   Fire/rescue and law enforcement facilities are adequate to serve the proposed project within established county standards.

         (g)   If the tract of land receiving the Institutional Floating Zoning District is designated other than No Planned Service (NPS) on the water and sewerage master plan then the project will be developed using publicly owned community water and sewer or a duly approved multi-use system. Those tracts of land receiving the Institutional Floating Zoning District and reflecting a designation of NPS shall utilize methods other than publicly owned community water and sewer meeting the requirements of and receiving approval from the Maryland Department of the Environment/the Frederick County Health Department.

         (h)   Environmental, geological, and hydrological features of the site and surrounding area have been adequately considered in the design of the project.

      (1)   The application submitted must include 15 copies of each of the following:

         (a)   A map of the applicant's entire holding at a convenient scale;

         (b)   A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property;

         (c)   An environmental features map of the property showing the existing surface of the land and the location of soil types and natural features such as streams, rock outcrops and wooded areas, at a minimum of 5 foot contour intervals, unless otherwise specified;

         (d)   A generalized overall land use plan at 1" = 100 scale, showing the type, location, acreage and density of all proposed land uses as well as the general street layout and circulation pattern;

         (e)   A concept plan at 1" = 50 scale showing the location of all proposed lot lines; the location, proposed use, size and height of all existing and proposed buildings; the location of all roads, parking lots, truck loading areas and access and egress drives; and the location and type of all public, recreational or cultural facilities and areas;

         (f)   A phasing schedule describing the timing and sequence of development;

         (g)   A traffic management plan shall be submitted and approved by the Community Development Division detailing the control and flow of vehicle traffic during events including emergency access. The plan shall also describe the responsible parties and necessary steps required for successful implementation;

      (2)   The applicant shall also submit a justification statement addressing each of the approval criteria as well as the following:

          (a)   Relationship of uses within the project and with existing uses in the neighborhood;

         (b)   Long-term implications on local development patterns, facilities and services;

         (c)   The timing of the construction of the project as it relates to the provision of facilities and services;

         (d)   Availability and suitability of pedestrian and vehicular access, and transportation systems;

         (e)   A statement identifying all related incidental accessory uses and activities associated with the primary use of the property including hours of operation, frequency of activity, and average number in attendance.

      (3)   The County Council may require that architectural renderings of buildings, streetscapes or public areas be presented to assure that the appearance, size and type of building material or other aspects of the design are in keeping with the purposes and intent of the institutional district. The County Council may add conditions to its approval of the institutional project requiring architectural review.

      (1)   Public airports

      (2)   College or university

      (3)   Private school

      (4)   Public school

      (5)   Accessory uses shall be limited to those deemed to be incidental accessory uses associated with an institutional use as provided within this chapter (see also § 1-19-10.900(H)(1)(a) and (b), and Article VIII, Division 2. Accessory Uses) or as approved by the Zoning Administrator.

         (a)   At a minimum setbacks and height limitations shall be as provided for institutional uses in the Agricultural District in § 1-19-6.100 Design Requirements for Specific Districts.

         (b)   Along common property lines between the proposed development and an agricultural activity the setback shall be increased to 150 feet to include a landscaped area as set forth in § 1-19-10.900 (G)(3)(b). If the proposed development meets the definition of agricultural activity then the increased setback is not required. The Planning Commission may approve the reuse and location of development in the setback area if all identified adjacent agricultural activities have permanently ceased as determined by the Zoning Administrator.

         (c)   Along common property lines between the proposed development and a residential use the setback shall be increased to 150 feet.

      (2)   Parking, loading, landscaping, and lighting shall be provided in accordance with this chapter.

          (a)   All setback areas, except where otherwise permitted in this section, shall be landscaped and maintained as green space.

         (b)   As provided for in § 1-19-10.900(G)(1)(b) an increased setback shall be created to reduce conflicts between agricultural and non-agricultural uses. The setback area shall be maintained with natural vegetation or planted to emphasize native species rather than turf grass, creating a vegetative screen with the following minimum standards:

            1.   Two staggered rows of non-invasive species of trees and shrubs containing predominantly evergreen foliage;

            2.   Trees shall be a minimum of 6 feet in height at the time of installation;

            3.    In addition to the required plant materials the setback area may contain floodplain, stream setbacks, utilities, and environmental site design techniques to address stormwater management. As otherwise permitted by this chapter, unpaved parking and passive recreation areas may be located within the buffer area; however, a minimum setback as provided for institutional uses in the Agricultural District in § 1-19-6.100 shall be maintained. Where the setback area is utilized to meet forest resource ordinance requirements a duplication of plant materials is not required.

         (a)   Minimizing tree and soil removal or disturbance;

         (b)   Siting buildings to protect and enhance the relationship between buildings and the natural terrain;

         (c)   Retaining existing tree lines, forest buffers, and rock formations reducing visual impacts of development on surrounding properties and rights-of-way.

      (5)   Where the Institutional District has been applied to a County Comprehensive Plan designation of Natural Resource, the Natural Resource area may not be developed with additional dwelling units or additional commercial/employment structures, and roadways and vehicular crossings shall be minimized.

      (6)   As part of the Institutional District Phase II approval, the Planning Commission may approve modifications to setbacks, height, parking, loading, landscaping, screening, and buffering requirements, and general development standards, in accordance with the following:

         (a)   Modifications to parking, loading, landscaping, screening, and buffering requirements shall be limited to modifications as provided for within Article VI: District Regulations.

         (b)   All other modifications may be granted where the applicant or Planning Commission authorized representative can demonstrate need based on characteristics of the proposed use, physical site constraints, or other documentation as approved by the Planning Commission.

         (a)   A college or university may include related incidental accessory uses necessary for the operation of the facility or the benefit or convenience of the residents or guests including but not limited to: administrative facilities, housing, athletic training facilities, recreational facilities, support services (bookstore, dining halls, post office, maintenance and storage facilities), place of worship, cemetery, and related utilities.

         (b)   At the time of Phase I approval additional uses may be identified and approved based on their direct relationship to primary college or university activities existing, or planned as part of the current application. These uses include: conference center (meeting rooms/guest accommodations), retail establishment, child care center, employment center, and retirement housing. These uses and related facilities shall be operated in association with the college/university and function for the use and benefit of students, faculty, administration and alumni(ae).

(Ord. 09-21-525, 6-4-2009; Ord. 09-22-526, 7-14-2009; Ord. 10-31-566, 12-21-2010; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014; Bill No. 17-07, 5-16-2017)

      (1)   The Open Space Recreation District is a floating zone established to provide for the location and development of large-scale recreational uses including recreational vehicle campgrounds, golf courses, zoo/botanical garden/arboretums, and fairgrounds in areas with an agricultural/rural County Comprehensive Plan land use designation. These types of development provide for active and/or passive recreation adding to the opportunities for outdoor exercise, appreciation of scenic areas, and enjoyment and access to open space. As natural resource dependent uses, large recreational developments can consume large areas of land for parking, infrastructure, and related facilities leading to adverse impacts on surrounding properties and neighborhoods. Review and siting of these facilities through a floating zone process will enable the location of these facilities to areas contiguous to a community growth boundary to provide a transition between growth areas and existing agricultural uses, to mitigate or minimize impacts to surrounding properties, mitigate or avoid traffic congestion which improves pedestrian and roadway safety, and to maintain the purpose of the agricultural/rural areas identified by the County Comprehensive Plan.

      (1)   The Open Space Recreation District may be established where:

         (a)   The tract of land receiving the Open Space Recreation District has a County Comprehensive Plan land use designation of agricultural/rural; and

         (b)   The tract of land receiving the Open Space Recreation District has frontage on and direct access to a roadway with at least a collector status, as designated by the County Comprehensive Plan, and is built or will be upgraded by the applicant to said classification requirements. The County Council may waive or modify this requirement where the tract of land receiving the Open Space Recreation District is within two miles of a grade separated interchange on a controlled access freeway/ expressway; and

         (c)   The tract of land receiving the Open Space Recreation District is within two miles of a grade separated interchange on a controlled access freeway/expressway, or the tract of land is within or contiguous to a community growth boundary as designated on the County Comprehensive Plan. For the purposes of this subsection, a property separated from a community growth boundary by a transportation or utility right-of-way (whether fee simple estate or lesser interest in realty) is deemed to be contiguous along the length of such right-of-way; or

         (d)   Where multiple contiguous parcels of land under one ownership constitute a project, at least one parcel is within or contiguous to a community growth boundary as designated on the County Comprehensive Plan; and

      (2)   The tract of land receiving the Open Space Recreation District shall have a minimum parcel size of: 10 acres for a recreational vehicle campground, and a minimum of 25 acres and a maximum of 200 acres for fairgrounds except where the applicant can demonstrate the increased size is required to meet the needs of the proposed development.

      (1)   Approval or disapproval of a request for the application of the Open Space Recreation Zoning District shall be determined through evaluation of several criteria to establish whether the proposed project meets the purpose and intent of the zoning district. In addition to the requirements in § 1-19-3.110.4(A)(1)-(6), the Planning Commission and County Council shall evaluate the project on the following criteria:

         (a)   The project provides facilities that are planned and located in accordance with the Frederick County community design guidelines and development principles while considering the purpose and intent of the agricultural/rural land use designation;

         (b)   The proposed use will be compatible with existing or anticipated surrounding uses in terms of size, building scale and style, intensity, setbacks, and landscaping or the proposal provides for mitigation of differences in appearance or scale through such means as setbacks, screening, landscaping or other design features. Anticipated surrounding uses shall be determined based upon existing zoning and land use designations;

         (c)   The project provides a safe and efficient arrangement of land use, buildings, traffic and pedestrian circulation systems, and infrastructure;

         (d)   The transportation system is adequate to serve the proposed use in addition to existing uses in the area. Evaluation factors include roadway capacity and level of service, on-street parking impacts, access requirements, neighborhood impacts, and pedestrian safety;

         (e)   Natural features of the site have been adequately considered and utilized in the design of the project. Evaluation factors include the relationship of existing natural features to man-made features both on-site and in the immediate vicinity;

         (f)   Fire/rescue and law enforcement facilities are adequate to serve the proposed project within established county standards.

         (g)   If the tract of land receiving the Open Space Recreation Floating Zoning District is designated other than No Planned Service (NPS) on the water and sewerage master plan then the project will be developed using publicly owned community water and sewer. Those tracts of land receiving the Open Space Recreation Floating Zoning District and reflecting a designation of NPS shall utilize methods other than publicly owned community water and sewer meeting the requirements of and receiving approval from the Maryland Department of the Environment/the Frederick County Health Department.

         (h)   Environmental, geological, and hydrological features of the site and surrounding area have been adequately considered in the design of the project.

         (i)   When a tract of land for which the Open Space Recreation Zone is proposed, is located wholly or partly within a Frederick County Priority Preservation Area (PPA), the project shall in addition to the other requirements of this section be evaluated to ascertain consistency with the purpose and intent of the PPA. This evaluation shall include the following factors: existence of prime farmland soils as identified in the USDA Soil Survey for Frederick County, existing agricultural easements surrounding the tract, development potential, and the tract size and location within the PPA. In the event the approving body determines the project as proposed is inconsistent with the purpose and intent of the PPA, the approving body may impose conditions to mitigate the inconsistency or deny the application.

      (1)   Phase I justification and floating zone reclassification. The procedure for Phase I approval will be the same as for zoning map amendments as established in §§ 1-19-3.110.1 through 1-19-3.110.6.

      (1)   The application submitted must include 15 copies of each of the following:

         (a)   A map of the applicant's entire holding at a convenient scale.

         (b)   A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property.

         (c)   An environmental features map of the property showing the existing surface of the land and the location of soil types and natural features such as streams, rock outcrops and wooded areas, at a minimum of 5 foot contour intervals, unless otherwise specified.

         (d)   A generalized overall land use plan at 1" = 100 scale, showing the type, location, acreage and density of all proposed land uses as well as the general street layout and circulation pattern.

         (e)   A concept plan at 1" = 50 scale showing the location of all proposed lot lines; the location, proposed use, size and height of all existing and proposed buildings; the location of all roads, parking lots, truck loading areas and access and egress drives; and the location and type of all public, recreational or cultural facilities and areas.

         (f)   A phasing schedule describing the timing and sequence of development.

         (g)   Landscape plans submitted by the applicant shall include a nutrient management plan addressing not only turf areas but also tree, shrub, and flower beds. The plan shall be prepared by a certified nutrient management consultant and follow the best management practices as outlined by the University of Maryland Cooperative Extension Recommendations.

      (2)   The applicant shall submit a justification statement addressing each of the approval criteria as well as the following:

         (a)   Relationship of uses within the project and with existing uses in the neighborhood;

         (b)   Long-term implications on local development patterns, facilities and services;

         (c)   The timing of the construction of the project as it relates to the provision of facilities and services;

         (d)   Availability and suitability of pedestrian and vehicular access, and transportation systems;

         (e)   A statement identifying all incidental accessory uses and activities associated with the primary use of the property including hours of operation, frequency of activity, and average number in attendance.

      (3)   The County Council may require that architectural renderings of buildings, streetscapes or public areas be presented to assure that the appearance, size and type of building material or other aspects of the design are in keeping with the purposes and intent of the Open Space Recreation District. The County Council may add conditions to its approval of the open space recreation project requiring architectural review.

      (1)   Recreational vehicle campground

      (2)   Golf course

      (3)   Zoo/botanical garden/arboretum

      (4)   Fairground

      (5)   Accessory uses shall be limited to those deemed to be incidental accessory uses to an open space recreation use as provided within this chapter (see Article VIII, Division 2. Accessory Uses) or as specifically approved by the Zoning Administrator.

         (a)   At a minimum setbacks and height limitations shall be as provided for natural resource uses in the Agricultural District in § 1-19-6.100 Design Requirements for Specific Districts.

         (b)   Along common property lines between the proposed development and an agricultural activity the setback shall be increased to 150 feet to include a landscaped area as set forth in § 1-19-10.1000(G)(3)(c). If the proposed development meets the definition of agricultural activity then the increased setback is not required. The Planning Commission may approve the reuse and location of development in the setback area if all identified adjacent agricultural activities have permanently ceased as determined by the Zoning Administrator.

         (c)   Along common property lines between the proposed development and a residential use the setback shall be increased to 150 feet.

         (a)   Parking shall not be located within required setback areas, except where otherwise provided within this section.

         (b)   Parking shall be limited to that number of spaces required by zoning ordinance. An increase in the number of parking spaces may be granted by the Planning Commission 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. Parking approved beyond that number required by zoning ordinance shall be constructed of pervious materials.

         (c)   Parking areas required by zoning ordinance shall be landscaped in accordance with the following minimum standards:

            1.   Parking areas, other than overflow parking, shall be separated into bays of not more than 10 parking spaces. Between or at the end of each parking bay there shall be planters of at least 5 feet in width. Each planter shall contain 1 tree at least 6 feet in height at the time of planting and groundcover containing at least 2 shrubs for every 100 square feet of landscape area. Trees within parking area planters shall be deciduous and provide at least 20% canopy cover at maturity. The Planning Commission may approve modifications to these standards to accommodate parking area design requirements associated with a fairground, recreational vehicle campground, or environmental site design techniques.

         (d)   Environmental site design techniques such as bioretention shall be utilized as the initial option for stormwater collection of all paved parking areas.

         (a)   All setback areas, except where otherwise permitted in this section, shall be landscaped and maintained as green space.

         (b)   Landscaping shall be maintained in a healthy condition.

         (c)   An increased setback shall be created to reduce conflicts between agricultural and non-agricultural uses. The setback area shall be maintained with natural vegetation or planted to emphasize native species rather than turf grass, creating a vegetative screen with the following minimum standards:

            1.   Two staggered rows of non- invasive species of trees and shrubs containing predominantly evergreen foliage;

            2.   Trees shall be a minimum of 6 feet in height at the time of installation;

            3.   In addition to the required plant materials the setback area may contain floodplain, stream setbacks, utilities, and environmental site design techniques to address stormwater management. As otherwise permitted by this chapter, unpaved parking and passive recreation areas may be located within the buffer area; however, a minimum setback as provided for natural resource uses in the Agricultural District in § 1-19-6.100 shall be maintained. Where the setback area is utilized to meet forest resource ordinance requirements a duplication of plant materials is not required.

      (4)   Lighting shall be designed and directed away from adjoining properties so as not to cause glare or adverse impacts.

         (a)   Minimizing tree and soil removal or disturbance;

         (b)   Siting buildings to protect and enhance the relationship between buildings and the natural terrain;

         (c)   Retaining existing tree lines, forest buffers, and rock formations reducing visual impacts of development on surrounding properties and rights-of-way.

         (a)   Multiple vehicular entrances and exits shall be provided, and located at least 400 feet away from any road intersection;

         (b)   A traffic management plan shall be submitted to and approved by the Community Development Division detailing the control and flow of vehicle traffic during events, including emergency access. The plan shall also describe the responsible parties and necessary steps required for successful implementation;

         (c)   Reasonable hours of operation and number of days per event shall be approved by the County Council as part of the Phase I approval.

         (d)   Landscaping and screening shall be provided with the intent of reducing the impact on neighboring properties and enhancing the visual appeal of the project. All parking areas, other than overflow parking, shall be screened from adjacent properties and roads with plantings including evergreens at least 6 feet in height.

         (a)   Both tent and recreation vehicles can be accommodated within a recreational vehicle campground, but the campground shall be designed to contain a majority of recreational vehicles.

         (b)   Each campground will contain individual site electrical and water outlets, toilet and shower facilities, and sanitary facilities as required by the Frederick County Health Department.

         (c)   Accessory commercial and recreational services, if exclusively used for residents of the campground, are permitted. This may include coin-operated laundry, grocery, swimming pool, or entertainment as approved by the Zoning Administrator.

         (d)   Maximum density permitted is 15 campsites per acre and a minimum of 3,000 square feet per campsite. All campsites will be at least 50 feet from the property line.

         (e)   The only permitted permanent residential occupancy will be for the resident owner or manager.

         (f)   One acre for every 10 acres of the site area will be used for recreation space. This will not include the area within required setbacks.

         (g)   The minimum distance between campsites will be 20 feet.

         (h)   All utilities, including but not limited to electric and telephone lines, shall be placed underground in accordance with rules and procedures established by the Maryland Public Service Commission.

(Ord. 09-21-525, 6-4-2009; Ord. 09-22-526, 7-14-2009; Ord. 11-06-572, 5-17-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)