Note 1.   Minimum lot areas measured in acres and square feet; minimum lot width, yard areas and height measured in feet.

Note 2.   The minimum lot area and yard requirements do not apply to agricultural activity involving no structures.

Note 4.   Lot area, width and yard measurements may be modified in accordance with § 1-19-8.620 through § 1-19-8.620.6 (to residential zones - R3, R5, R8, R12, R16, VC, and in accordance with § 1-19-7.520 for the MX District).

 

(Ord. 77-1-78, § 40-61.B, 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-34-366, 8-8-1985; Ord. 86-53-430, 10-28-1986; Ord. 93-23-087, 10-19-1983; Ord. 95-02-126, 3-2-1995; Ord. 02-26-322, 11-21-2002; Ord. 03-09-332, 6-3-2003; Ord. 07-27-467, 6-19-2007; Ord. 07-31-471, 10-15-2007; Ord. 08-05-481, 2-5-2008; Ord. 08-19-495, 5-20-2008; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 11-25-591, 10-27-2011; Ord. 11-28-594, 11-22-2011; Ord. 12-23-618, 9-6-2012; Ord. 14-23-678, 11-13-2014; Bill No. 17-07, 5-16-2017; Bill No. 22-05, 3-15-2022; Bill No. 22-24, 10-25- 2022; Bill No. 23-19, 10-17-2023; Bill No. 25-05, 5-20-2025)

   The regulations specified in this chapter are subject to the following modifications and interpretation.

(Ord. 77-1-78, § 40-80, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Front yard modifications for existing building alignment. When appropriate, the Zoning Administrator may increase or decrease the depth of the required front yard for any principal residential structure so that such front yard will approximate the average depth of the existing front yards of the existing dwellings on adjoining lots on each side, or if there be no such adjoining dwellings, shall approximate the average depth of the front yards of the nearest dwellings on the same side of the street within 200 feet.

   (B)   Front yard modifications through lots. In the case of through lots, front yards shall be provided on all frontages, except where one of the front yards of a through lot abuts an expressway or freeway as determined by the Master Highway Plan then the requirement for such front yard shall be 20 feet.

   (C)   Front yard modifications for corner lots. In the case of corner lots with more than 2 frontages, the Zoning Administrator shall determine the front yard requirements subject to § 1-19-4.610 of this Code and the following additional limitations.

      (1)   At least 2 front yards shall be provided having the full depth required generally in the district.

      (2)   No other front yard on such lot shall have less than half the full depth required generally in the district.

(Ord. 77-1-78, § 40-81, 1-24-1977; Ord. 07-07-447, 3-20-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Side yard and rear yard width may be varied where the wall of a building is not parallel with the side or rear lot line or is broken or otherwise irregular. In such case the average width of the yard will be no less than the generally required minimum width; provided, that such yard will not be narrower at any point than one-half the normally required setback.

   (B)   When the side lines of a lot coverage so as to form a rear lot line of less than 10 feet or a point in the rear, the rear lot line is that line parallel to the front lot line and measuring 10 feet in length between the 2 side lot lines. The depth of the rear yard is measured from such 10 foot line to the nearest part of the principal building.

   (C)   In the case of corner lots, there shall be no required rear yard.

(Ord. 77-1-78, § 40-82, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Bay windows, chimneys, stoops, balconies, eaves and leaders will not project more than 4 feet into any required yard.

   (B)   Open/unenclosed porches or uncovered decks will not project more than 4 feet into any front or side yard and may project into the rear yard up to one-half the distance of the rear yard requirement. Decks may not be constructed in such a manner so that one deck is directly above another deck.

   (C)   Fences are exempt from yard requirements.

(Ord. 77-1-78, § 40-83, 1-24-1977; Ord. 85-44-376, 12-3-1985; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The building height limitations of this chapter do not apply to:

   (A)   Penthouses or roof structures for housing stairways, tanks, elevators, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, steeples, flag poles, and silos;

   (B)   Smoke stacks, masts, water tanks, monuments. Bulkheads, monitors and scenery lofts, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures where the manufacturing process requires a greater height, radio or television towers and essential services. Any such structure which exceeds the maximum height limit otherwise permitted in the district, the distance from its front, side and rear lot lines shall be no less than the maximum vertical height of such structures;

   (C)   Churches, schools, institutional buildings, public utility buildings and structures provided that for each 3 feet by which the height of such structure exceeds the maximum height generally permitted for structures in the district, the required side and rear yards measurements will be increased by an additional foot.

(Ord. 77-1-78, § 40-84, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Sites to be used for the preservation of historic structures may be less than the minimum lot size for the district, provided:

   (A)   The site is eligible for or has been placed on the National Register of Historic Places;

   (B)   It is owned and operated by a private not- for-profit corporation;

   (C)   The site will not be used for human habitation nor generate sewage effluent unless said site is served by community sewerage facilities or contains at least 40,000 square feet and said facilities meet the approval of the Health Department;

   (D)   The owner of the site grant an easement in perpetuity to the county or the Maryland Historic Trust, or other governmental body empowered to accept such easement restricting further development of the site for nonhistoric preservation purposes.

(Ord. 77-1-78, § 40-85, 1-24-1978; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   No structure will be erected, substantially altered, or its use changed unless permanent off street parking and loading spaces have been provided and maintained in accordance with the provisions of this chapter, unless amendments or modifications are authorized under § 1-19-6.210(D).

   (B)   Except as permitted by § 1-19-6.210(D), parking areas and loading spaces shall not be closer to the right-of-way line than one-half the normally required setback for principal structures.

   (C)   Parking and loading requirements per area will be determined by the net floor area, meaning that which is utilized for the main use of the building(s). Net floor area shall be determined by subtracting incidental service, storage and mechanical areas from the gross floor area.

   (D)   Parking and loading requirements per seat will be determined by the number of the individual seats. For purposes of bench type seating, 20 inches will be equivalent of 1 seat.

   (E)   Parking requirements may be satisfied through provision of surface parking areas, parking structures, or a combination thereof.

   (F)   Parking areas shall be maintained so as to prevent the accumulation of litter and debris.

(Ord. 77-1-78, § 40-45(A), 1-24-1977; Ord. 97-06-184, 5-6-1997; Ord. 07-11-451, 4-17-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 10-26-561, 11-9-2010; Ord. 14-23-678, 11-13-2014)

      (1)   A small loading space shall have minimum dimensions of not less than:

         (a)   Nine feet in width;

         (b)   Twenty feet in length; and

         (c)   Ten feet in height clearance.

      (2)   A large loading space shall have minimum dimensions of not less than:

         (a)   Twelve feet in width;

         (b)   Fifty feet in length; and

         (c)   Fifteen feet in height clearance.

   (B)   Requirements. Off-street loading space(s) will be provided and maintained on the same lot as the principal use(s) for delivery of goods in accordance with the table below:

 

 

   (C)   If an applicant for (1) multiple-user retail; (2) office; or (3) miscellaneous commercial uses not listed in the table in subsection (B), does not intend to provide any large loading spaces, the applicant must file a request and demonstrate to the satisfaction of the Planning Commission that no high-volume delivery of goods in a tractor-trailer is required for the proposed use.

(Ord. 77-1-78, § 40-45(B), 1-24-1977; Ord. 07-11-451, 4-17-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 14-23-678, 11-13-2014)

      (1)   For the purpose of this chapter, the parking space requirements in the following table will apply. Parking shall be limited to the number of spaces required based on an evaluation of each proposed use, hours of operation, and joint or shared parking agreements. An increase or reduction in the number of required parking spaces may be granted by the Planning Commission where the applicant or Planning Commission authorized representative 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.

      (2)   When an increase in the number of required parking spaces is granted or for the purposes of overflow parking, the Planning Commission may require the spaces to be constructed of pervious materials.

      (3)   When a reduction in the number of required parking spaces is granted, the Planning Commission will determine the extent that an accessible graded and seeded area shall be reserved for future parking.

      (4)   For uses not listed in the following table, parking requirements shall be determined by the Planning Commission or their authorized representatives. The requirements shall be based upon similarity to an existing use listed within the table below, characteristics of the proposed use, or hourly parking demand studies published by the Institute of Transportation Engineers (ITE).

 

 

 

*Except where an increase is required based on local Fire Code access requirements

      (2)   An increase in stall and aisle width dimensions may be granted when recommended by the Community Development Division Traffic Engineer and approved by the Planning Commission or their authorized representative (as provided in §§ 1-19-3.300 through 1-19-3.300.4), for the following:

         (a)   Safety or site circulation needs which shall be based on an evaluation of land use turnover rates (ITE Traffic Engineering Handbook, 6th Edition as amended), circulation efficiency, and parking availability.

      (3)   A decrease in stall and aisle width dimensions may be granted when recommended by the Community Development Division Traffic Engineer and approved by the Planning Commission or their authorized representative (as provided in §§ 1-19-3.300 through 1-19-3.300.4), where narrower dimensions can be reasonably accommodated with no adverse impact on safety or site circulation efficiency for the following:

         (a)   Compact development patterns based on land use characteristics and typical vehicle size;

         (b)   Single-loaded and no-loaded parking aisles;

         (c)   Historic retrofit, adaptive reuse, and redevelopment projects.

      (1)   For the purposes of this chapter, the bicycle parking requirements in the following table will apply:

 

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

      (3)   The design of bicycle parking shall conform to the Frederick County Bicycle Parking Design Guide.

(Ord. 77-1-78, § 40-45(C), 1-24-1977; Ord. 89-51-582, 8-15-1989; Ord. 92-23-058, 10-6-1992; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 10-01-536, 1-19-2010; Ord. 10-26-561, 11-9-2010; Ord. 10-31-566, 12-21-2010; Ord. 11-25-591, 10-27-2011; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   Joint parking uses are permitted subject to the following conditions.

   (A)   The respective individual operations sharing the joint use of parking areas will not be opened or used during the same principal operating hours.

   (B)   The parties and the land concerned with such joint use are to be effectively bound by a written joint use agreement, the legal sufficiency of which will be subject to the approval of the County Attorney.

   (C)   Each unit of joint parking space may supply a unit of required off-street parking for each use bound by the written joint use agreement.

(Ord. 77-1-78, § 40-45(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   A partial reduction in the total number of required off-street parking spaces may be granted where the applicant can demonstrate the sufficient provision of shared parking facilities based on characteristics of uses, hourly parking demand studies published by the Institute of Transportation Engineering or other appropriate source, or other documentation as determined by the Planning Commission or their authorized representatives. A shared parking plan may utilize on-street parking, community/common parking, parking areas located on the same parcel as the proposed use, adjacent to the proposed use, or two parcels that are not adjacent, subject to the following provisions:

   (A)   The shared parking facility shall be no farther than 500 feet from the building or use to be served;

   (B)   A maximum of 50% of the required off-street parking may be located off-site;

   (C)   Submission of a vicinity map reflecting the proposed shared parking areas(s), parking spaces, hours of operation, pedestrian access between parking area(s) and uses, as well as a detailed explanation of the proposed shared parking plan;

   (D)   A safe, convenient pedestrian connection must exist or be constructed between the buildings or uses and the parking area(s);

   (E)   The parties involved in the use of the shared parking plan shall provide evidence of an agreement for such use and parking plan by a legal instrument approved by the County Attorney.

(Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Signs will be erected and maintained only when in compliance with the provisions of this and all other chapters relating to the erection, alteration, or maintenance of signs or similar devices.

(Ord. 77-1-78, § 40-46(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following regulations will apply to all permitted sign uses.

   (A)   No sign, other than an official traffic sign, will be located within the right-of-way lines of any street, except as provided in subsection (G) and subsection (I). A sign attached to a passenger shelter at a bus stop or transit center information kiosk is exempt from this chapter.

   (B)   No free-standing sign will exceed 25 feet in height, except as provided elsewhere in this section.

   (C)   No permit is required for the erection, alteration or maintenance of any signs permitted in § 1-19-6.320, paragraphs (1) through (6), of this Code or for political signs as set forth in subsection (H) below.

   (D)   A permit is required for the erection or alteration of signs permitted in § 1-19-6.320, paragraphs (7) through (10) and as required in subsection (I) of this section.

   (E)   Each sign will be removed when the circumstances leading to its erection no longer apply.

   (F)   No sign will by reason of its intensity, color, location or movement interfere with traffic lights, signals, or other controls or obscure the view of a street or in any other manner impair public safety.

   (G)   Subdivision and community identification signs are permitted in the right-of-way of monumented public streets, where median strips are used to channel traffic, providing that the sign is approved by the Zoning Administrator and he issues a revocable permit conditioned upon removal of the sign at no cost to the county at such time as the county may require. In addition, the following conditions shall be met.

      (1)   The sign shall be kept in good repair and in safe, neat, clean, and attractive condition by the community residents or the community association.

      (2)   The sign must be placed 10 feet from the nose of the monument or the end of the median strip and within the monument island.

      (3)   The sign must be designed so as not to obstruct full sight distance.

   (H)   Political campaign signs identifying candidates seeking public political office or political issues and other data pertinent thereto shall be permitted as set forth: Each sign shall be located within the owner's property boundaries and shall not be located within the public right-of-way.

   (I)   Temporary real estate directional sign placement will be permitted in the county per the following guidelines.

      (1)   A temporary real estate directional sign may not exceed 3 square feet in size.

      (2)   A temporary real estate directional sign may not exceed 3 feet in height, measured from the ground to the top of the sign.

      (3)   A temporary real estate directional sign shall be supported on metal or wooden stakes, supplied by the installer, and shall not be attached to trees, utility poles, traffic-control signs, traffic signal poles, walls of buildings, barns, sheds, fences, or other physical elements.

      (4)   A temporary real estate directional sign may be placed only between the hours of 7:00 a.m. Saturday and 8:00 pm. Sunday. Hours may be extended to include legal holidays which are observed on Monday or Friday.

      (5)   In the case of existing real estate, a maximum of 3 temporary real estate directional signs per open house are permitted, without obtaining a permit, but subject to the provisions of this section.

      (6)   A maximum of 4 off-site community temporary real estate directional signs (not individual builders) are permitted upon the developer's obtaining a sign permit from the county which sets forth the locations of the signs and that placement will be in compliance with this section.

      (7)   Individual builders will be permitted to place up to 4 temporary real estate directional signs within communities in which the building activity is occurring.

      (8)   County staff is hereby authorized to remove any temporary real estate directional sign found to be in violation of the provisions of this section.

      (9)   A temporary real estate directional sign may be placed in the county right-of-way, provided that it does not obstruct sight lines or pose any safety hazard to the public.

   (J)   On-site signs determined by the Zoning Administrator to be directional signs used for the purpose of on-site way-finding are not included in calculating the maximum size sign permitted.

(Ord. 77-1-78, § 40-46(B), 1-24-1977; Ord. 84-31-328, 11-27-1984; Ord. 90-21-619, 5-15-1990; Ord. 92-26-061, 10-20-1992; Ord. 06-16-412, 5-16-2006; Ord. 08-26-502, 10-14-2008; Ord. 12-08-603, 4-17-2012; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)

   For the purpose of this chapter, the following sign requirements will apply, unless otherwise provided in this chapter. For uses not listed in the following table or otherwise provided in this chapter, the Zoning Administrator shall determine the permitted signage. The determination shall be based upon similarity to an existing sign type within the table below or use within this chapter.

 

*   Square footage of signs within the GC and industrial districts may be increased by 25% if no free-standing or pylon-type signs are used (§ 1-19-7.510, and § 1-19-7.600).

S   means equal to the yard setback requirements for the district.

F   measured in linear feet and is the larger of the measurement of (1) the side of the building facing a public street (measurement S) or (2) the side of the building on which is located the primary public access to the building (measurement A). When measurement A is used to calculate sign size, the maximum size of any sign located on a side of the building facing a public street cannot be greater than the maximum sign size that would be permitted if measurement S was used. Where the building faces multiple public streets, F shall equal the total of measurement A and measurement S.

(1959 Code, § 1-19-183) (Ord. 77-1-78, 1-24-1977; Ord. 77-10-87, 8-22-1977; Ord. 84-31-328, 11-27-1984; Ord. 85-22-354, § 40-46(2), 5-28-1985; Ord. 90-45-643, 11-20-1990; Ord. 03-04-327, 4-21-2003; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 10-01-536, 1-19-2010; Ord. 11-06-572, 5-17-2011; Ord. 11-25-591, 10-27-2011; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   Temporary business signs located on the property of the business being advertised are permitted in any commercial district without a permit, if the total allowable square footage for all signs on the property is not exceeded and all signs meet the setback requirements for principal buildings on the same lot.

(Ord. 77-1-78, § 40-46(O), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Electronic message signs are allowed as follows:

      (1)   Animated, flashing, blinking, reflecting, revolving, full motion or any other similar message or transitional movement is prohibited.

      (2)   Signs will only be designed as a wall or monument sign.

      (3)   Only 1 electronic message sign is permitted on a lot.

      (4)   The advertisement of off-premise businesses or services is not allowed.

      (5)   Each message shall not change more than once every 10 seconds.

      (6)   Signs shall not exceed the total sign area permitted on the site and shall not exceed a maximum of 32 square feet.

      (7)   All signs must utilize automatic dimming capability that adjusts the brightness to the ambient light at all times of the day so that signs are not unreasonably bright for the safety of the motoring public.

(Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)

   In accordance with the site plan review process provided in §§ 1-19-3.300 through 1-19-3.300.4, the Floating Zone Phase II execution process provided in §§ 1-19-10.500 through 1-19-10.500.11, or as otherwise provided within this chapter the Planning Commission may require landscaping, screening, and buffering along the property line and around and within the parking areas. Landscaping, screening, and buffering shall be provided in conformance with the following minimum standards:

      (1)   One tree at least 6 feet in height at the time of planting shall be provided per 35 feet of roadway frontage.

      (2)   An alternate on-site location for trees may be approved by the Planning Commission or Planning Commission authorized representative when a specific finding is made that the alternate location is required due to:

         (a)   Physical site constraints; or

         (b)   The irregular and non-linear nature of landscaping in the GI zoning district or, the RC, A, R1, or VC zoning districts outside of community growth areas; or

         (c)   Approval of an alternate planting design by the Planning Commission.

      (1)   Where industrial, mineral mining, or solid waste uses are located adjacent to residential zoning districts: a mixture of plantings including predominantly evergreen shrubs or trees spaced at intervals which are expected to achieve a mixture of height at maturity between 6 feet and 15 feet and to provide complete buffering and screening from the residential zoning district, as determined by the Planning Commission.

      (2)   Where commercial or institutional uses are located adjacent to residential zoning districts: a mixture of plantings including predominantly evergreen shrubs or trees spaced at intervals which are expected to achieve a mixture of height at maturity between 6 feet and 15 feet and to provide effective buffering, as determined by the Planning Commission.

      (3)   All other uses: buffering and screening for all other land uses shall be determined by the Planning Commission.

      (1)   Where parking areas are adjacent to residential uses or zoning districts, or roadways with at least a collector status as designated on the County Comprehensive Plan: plantings of predominantly evergreen shrubs or trees spaced at intervals which may be expected to form effective buffering and screening at least 30 inches high at the time of planting.

      (2)   All other parking areas: plantings of predominantly evergreen shrubs or trees spaced at intervals which may be expected to form effective buffering at least 30 inches high at the time of planting.

      (1)   Parking areas shall be separated into bays with an average of no more than 10 parking spaces. Each parking bay shall contain no more than 15 continuous parking spaces. Between or at the end of each bay of parking spaces there shall be a planting area of at least 5 feet in width. Each planting area shall contain 1 tree at least 6 feet in height at the time of planting and groundcover containing at least two shrubs for every 100 square feet of landscape area.

      (2)   Planting area trees shall be predominantly deciduous and provide at least 20% canopy cover at maturity.

   (E)   Landscaping, screening, or buffering:

      (1)   Shall be maintained in a living condition;

      (2)   Shall emphasize native species, where soil base permits, as listed in Exhibit L1 and L2 of the Frederick County Forest Resource Ordinance, as amended.

      (3)   Shall not include species identified as invasive/exotic species as listed in Exhibit K of the Frederick County Forest Resource Ordinance, as amended.

      (4)   Shall be located in accordance with § 1-19-4.610.

      (5)   Shall be located and maintained in a condition to minimize adverse impacts on sightlines and visibility.

      (6)   Opaque fencing, walls, and berms shall be maintained.

   (F)   Existing vegetation may be used to meet the requirements in this section.

   (G)   Opaque fencing, walls, or berms may be used in addition to trees and shrubs to meet the minimum buffering and screening standards subject to approval of the Planning Commission. Opaque fencing, walls, or berms shall be constructed of materials reflective of neighborhood characteristics as approved by the Planning Commission. Chain link fencing with vinyl privacy slats shall be utilized only within industrial zoning districts where specifically approved by the Planning Commission.

      (1)   A form acceptable to the Community Development Division.

      (2)   The type and location of all proposed landscaping, buffering, and screening including:

         (a)   Species identification;

         (b)   The height and width of proposed trees or shrubs at planting and maturity;

         (c)   Identification of existing trees or shrubs to remain including height and width.

      (3)   Where proposed, fences, walls, or berms including:

         (a)   Height and width;

         (b)   Type of material;

         (c)   Cross-section and elevation details.

      (4)   The total number and percentage mixture of existing and proposed native species.

      (5)   The application shall demonstrate the manner in which on-site recycling and refuse management shall be accommodated including:

         (a)   Location of refuse/recycling containers;

         (b)   Dimensions of refuse/recycling location;

         (c)   Proposed access for loading and unloading;

         (d)   Type of material proposed as screening.

   (I)   The Planning Commission may modify the minimum landscaping, buffering, and screening standards where a specific finding is made that the required standards result in a practical difficulty, and where an alternate landscaping, buffering, and screening plan is approved by the Planning Commission.

(Ord. 09-22-526, 7-14-2009; Ord. 10-01-536, 1-19-2010; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)

   (A)   In accordance with the site plan review process provided in §§ 1-19-3.300 through 1-19-3.300.4, the Floating Zone Phase II execution process provided in §§ 1-19-10.500 through 1-19-10.500.11, or as otherwise provided within this chapter, lighting shall be designed and installed to be fully shielded. Lighting shall be directed downward to prevent glare and light trespass onto adjacent properties, roadways, and the nighttime sky.

   (B)   Pole and building mounted lighting shall not exceed a maximum height of:

      (1)   14 feet in pedestrian oriented developments including pedestrian components in Planned Unit Development (PUD), Mixed Use Development (MXD), Office Research/Industrial (ORI), and Planned Industrial/Commercial development;

      (2)   18 feet for commercial uses;

      (3)   24 feet for industrial uses;

      (4)   Lighting height shall be measured from the ground to the point of illumination.

   (C)   For the purpose of reduction in energy consumption, light trespass, and glare, proposed lighting shall utilize the lowest lighting levels feasible. Evaluation factors include: light distribution and overlap, number and height of fixtures.

   (D)   Lighting shall not exceed .50 foot-candles as measured from the property line.

   (E)   Lighting that is exempt from these requirements includes temporary lighting and lighting provided for emergency or safety purposes as required by: the Building Code, Electrical Code, or otherwise within the County Code.

      (1)   A form acceptable to the Community Development Division;

      (2)   The type and location of all proposed lighting including:

         (a)   Lighting standards and specifications;

         (b)   Photometric data, such as that furnished by the manufacturer, showing the angle of cut off of light emissions, upward and lateral glare shield details, and foot-candle light values for the entire site;

         (c)   Building and pole mounting heights;

         (d)   Hours of operation.

   (G)   The Planning Commission may modify the lighting standards within this section based on characteristics of the proposed use, photometric studies, nationally recognized standards, or other documentation as approved by the Planning Commission.

(Ord. 09-22-526, 7-14-2009; Ord. 10-01-536, 1-19-2010; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)