These supplementary district regulations are hereby adopted for the specific intent and purpose of protecting natural resources, scenic areas, areas of steep slope, woodlands, and areas of critical state concern. These regulations also attempt to direct anticipated growth to areas in which the provision of public services could be feasibly and economically provided.

   (A)   Petroleum, flammable liquids and hazardous substance storage tanks in all zoning districts. The following provisions shall be applicable in all zoning districts where such use is permitted.

      (1)   Petroleum or hazardous substance storage tanks shall have 100% catchment basin, or double-walled containment and a spill protection overfill alarm. This does not apply to propane or natural gas tanks.

      (2)   Shall comply with § 1-6-50 Wellhead Protection Ordinance.

(Ord. 77-1-78, § 40-62, 1-24-1977; Ord. 07-16-456, 5-15-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to the Resource Conservation (RC) District.

   (A)   Lot area determination for residential uses.

      (1)   On parcels, legal lots of record as of the effective date of Ord. 08-19-495, at least 10 acres in size, but less than 20 acres in size, one (1) residential lot and a remainder may be created by subdivision. These lots shall have a minimum lot size of 5 acres after subdivision of the lot, no further development rights shall exist on the lot or the remainder, and a note shall be placed on the record plat to this effect.

   (B)   Sensitive area protection.

      (1)   Areas with slopes of 25% grade and greater shall not be developed. Buildings and structures and parking areas shall not be located on slopes of 25% grade and greater.

      (2)   Floodplains and wetlands shall be protected in accordance with the standards and requirements set forth in § 1-19-9.100 through § 1-19-9.130, Floodplain District regulations.

      (3)   Habitats of threatened and endangered species, as identified by the Maryland Department of Natural Resources, shall be protected from development or disturbance. All subdivision and site development plans involving an area identified as a habitat site shall be referred by the county to the Maryland Natural Heritage Program for comment. On sites where a habitat is identified, a mitigation plan will be required to show that adverse impacts on habitat sites are minimized.

   (C)   Tree cutting and forestry activities.

      (1)   Forest cutting or clearing activities in connection with land development shall be minimized. All activities to which the forest resource ordinance apply shall be subject to the regulations and requirements set forth in that ordinance. In addition to the forest resource ordinance requirements, no more than 40,000 square feet shall be cleared for each home site. For all permitted nonresidential uses, site development plan approval shall require that site clearing is minimized.

      (2)   Commercial logging and timber harvesting operations for which 5,000 square feet of soil is disturbed shall be subject to all state and local requirements, such as the following:

         (a)   Review and approval of a timber harvest plan by the Frederick County Forest Conservancy District Board;

         (b)   Approval of an erosion and sediment control plan by the soil conservation district.

         (c)   Approval of a grading permit by the Frederick County Division of Public Works.

         (d)   Where applicable, approval of a stream crossing permit by water resources administration.

         (e)   All applicable local, state and federal regulations concerning commercial logging and timber harvesting.

   (D)   Streets. New subdivision streets will not be permitted to be established in the resource conservation district.

   (E)   Driveways. Approval of a grading permit by the Frederick County Division of Public Works shall be required for all driveways prior to site development to ensure that sediment and erosion control and stormwater management comply with soil conservation service standards.

(Ord. 77-1-78, § 40-62(A), 1-24-1977; Ord. 81-13-203, 5-26-1981; Ord. 95-02-126, 3-2-1995; Ord. 00-21-263, §1, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-19-495, 5-20-2008; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   In the Agricultural Zoning District, the preferred use is agriculture. The operation at any time of any machinery used in farming procedures and all other agricultural operations shall be permitted and have preference over all other uses.

   (B)   The minimum lot size for single-family dwellings will be 40,000 square feet and, except as provided in § 1-19-7.300(C), subdivision will be permitted only as follows: a minor subdivision of 3 lots will be permitted to be subdivided off an original tract of land; thereafter land will have to be rezoned before additional dwellings, other than tenant houses, may be built. An original tract of land shall be as described in the county land records as of August 18, 1976.

   (C)   Clustering.

      (1)   Purpose and intent.

         (a)   To encourage the conservation of farmland in the Agricultural Zoning District by planning the residential development allowed in the zone to provide for the best obtainable siting, access and location of lots on a tract.

         (b)   To provide for a well-planned development while minimizing the use of prime agricultural land.

      (2)   Requirements.

         (a)   For the purpose of this subsection "clustering" shall be defined as directing the subdivision of lots on a single tract of land to meet the purposes of this section or transferring the authorized subdivision lots from adjacent tracts onto one tract for development. The Planning Commission shall make the final determination as to whether the cluster development can be achieved in keeping with the purposes of this section.

         (b)   When transferring authorized subdivision lots from 1 or more tracts, the minimum original tract area required for transfer shall be 25 acres. However, adjoining tracts of less than 25 acres under the same ownership may receive the rights if the Planning Commission determines that this will preserve prime farmland.

         (c)   Minimum lot size, width and yard areas shall be as specified in the Agricultural District. Lot sizes which are part of the cluster should be kept to a minimum in order to limit the impact on the future agricultural use of the remainder. Lot size shall average not more than 1.5 acres in size with no lots exceeding 2 acres. The Planning Commission shall have the authority to grant modifications to lot sizes based on percolation and other Health Department requirements.

         (d)   Subdivision under this subsection shall be as follows. A minor subdivision of 3 lots will be permitted to be subdivided on an original tract of land 25 acres or less. An original tract shall be as defined in § 1-19-7.300(B). On an original tract of land containing more than 25 acres, the Planning Commission may allow 1 lot in addition to those allowed on lesser tracts for each additional 50 acres or part thereof above the first 25 acres subject to the requirements of this section. The Planning Commission may preclude clustering rights where subdivision under this section will not conserve farmland, such as where the tract is primarily in wooded areas, floodplains, wetlands, steep slopes and other areas not in pasture or crop use.

         (e)   All clusters of 6 or more lots shall be served by an internal public street and shall not be stripped along an existing roadway.

      (3)   Procedures.

         (a)   Concept plan. For the subdivision of tracts eligible for cluster lots, a concept plan shall be submitted to the staff a minimum of 60 days prior to the meeting at which it is to be considered by the Planning Commission showing all standard and potential cluster rights to determine the feasibility of subdivision rights for the original tract(s) of land. The plan shall be prepared in accordance with a "sample" cluster plan and show the following:

            1.   The lot layout (scale no smaller than 1 inch equals 100 feet) including building restriction lines and appropriate dimensions;

            2.   Street layout;

            3.   Vicinity map (scale no smaller than 1 inch equals 2,000 feet) showing the tract(s) and total acreages included within the plan;

            4.   Topography with minimum 10 foot contours (USGS Topo. Interpretation is permitted for Concept Plan);

            5.   Development rights table indicating acreages and development rights, both standard and cluster, for each tract and the total;

            6.   Soils data for the cluster area and the remaining farmland.

         (b)   The Planning Commission will have final approval over the location and layout of the proposed clustering of lots. The Planning Commission shall consider the following when reviewing Concept Plans.

            1.   Soils. The cluster plan should minimize the use of the higher quality soils (class I, II and III as designated in the soils classification study) and maximize the use of steeper sloped areas, areas of poorer soils and areas which are otherwise less productive for agricultural uses.

            2.   Surrounding land use and zoning. The cluster plan shall consider the existing land uses and zoning in the vicinity. Generally, new lots which are adjacent to existing development or residential zoning are preferred to creating an isolated cluster of new houses.

         (c)   Concept plan approval shall become null and void at the end of 1 year from the date of approval unless a combined preliminary/final plat or a preliminary plat has been submitted for approval for the property.

         (d)   If the concept plan is approved by the Planning Commission, the developer may then proceed with platting of the clustered development in accordance with the subdivision regulations and the approved concept plan. Final plats shall show all remaining parcels combined into 1 remainder except, however, any remaining parcel(s) separated by a public road shall be considered separate parcels and each parcel shall retain 1 development right. The plat shall bear a statement indicating that "The land lies within an approved agricultural cluster development and no further subdivision of the remaining land is permitted unless the property is placed in another zone or further subdivision is allowed by ordinance or regulation of Frederick County, Maryland."

      (4)   Even though a subdivision plat is not required for land subdivided for the purpose to be used as a farm, such subdivided land shall be counted as a lot and will be counted in the number of allowable lots that may be subdivided off the original tract of land.

      (5)   When filing a subdivision plat for less than the 3 lots allowed to be subdivided off the original tract of land, the remaining parcel must be designated "Remainder" on the subdivision plat or lose all further subdivision rights allowed under this section.

(Ord. 77-1-78, § 40-62(B), 1-24-1977; Ord. 77-10-87, 8-22-1977; Ord. 81-3-193, 1-27-1981; Ord. 81-13-203, 5-26-1981; Ord. 86-35-412, 6-10-1986; Ord. 89-16-547, 3-21-1989; Ord. 94-19-114, 10-14-1994; Ord. 00-21-263, § 1, 7-18-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014; Ord. 14-30-685, 11-18-2014; Bill No. 16-07, 8-15-2016)

   (A)   Purpose and intent. To provide for the location of a mix of commercial services and residential development within the Village Center Zoning Districts of rural communities with well and septic, and regional/district communities where public water and sewer are either existing and/or planned. Village Center zoning is applied to communities that contain an older village center as well as historic resources which are unique characteristics of Frederick County. It is the intent of the overlay standards to distinguish between development in rural communities and growth area communities that accommodate differing intensities and densities of growth, as well as sustain the distinctive village center character and community identity through carefully planned development. The design standards are to ensure that new development is compatible with the unique characteristics within each community. The scale and density of new development shall conform to the existing development patterns of the specific community in which it is located as depicted within the Village Center Zoning District design guide.

   (B)   Application.

      (1)   Density. Development within the Village Center Zoning District may not exceed 3 dwelling units per acre except in the growth area communities. In growth area communities the density shall not exceed 5 dwelling units per acre.

      (2)   Height. Structures within the Village Center Zoning District may not exceed a maximum height of 30' and no more than 2 stories. In the growth area communities the Planning Commission may grant an increase in height of up to 40' and no more than 3 stories for townhouse, multi-family, transient housing, and commercial development. The Planning Commission may grant an increased height when the specific finding is made that such increased height is:

         (a)   Compatible with the pattern of or relationship to existing development on adjacent or confronting lots; and

         (b)   Conforms to § 1-19-7.500(C).

         (a)   Where establishing average setbacks within the Village Center Zoning District:

            1.   The Zoning Administrator may approve an increase or decrease in the minimum setback requirements where a specific finding is made that the increase or decrease is consistent with the purpose and intent of the Village Center Zoning District overlay standards in § 1-19-7.500. In making this determination the Zoning Administrator may approve the elimination of an existing setback where the facing or adjacent setback is found to be significantly inconsistent with other existing setbacks within that Village Center Zoning District.

      (4)   Mixed uses. Mixed-use development is encouraged within the Village Center Zoning District, including residential uses on the second or third floors above ground floor commercial uses. Multiple principal structures on a single lot may be permitted within the Village Center Zoning District through the site plan approval process when the Planning Commission specifically finds that the resulting development will provide an improved design that would not otherwise be created on multiple lots. In determining whether to allow development of multiple principal structures on a single lot the Planning Commission shall require:

         (a)   Improved on-site and off-site traffic circulation for vehicles and pedestrians;

         (b)   Building placement that provides 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;

         (c)   The provision of a common plaza/green area(s) (not including swimming pools or playgrounds) to be provided in addition to all other landscaping and setback requirements. The common plaza/green area(s) shall be calculated at the following rate: 726 square feet common plaza/green area(s) per 2,000 square feet of gross floor area or portion thereof;

         (d)   Joint use or shared parking resulting in a reduction in the number of required off- street parking spaces;

         (e)   A mix of integrated commercial and residential uses;

         (f)   Preservation of a historic structure or historic site where applicable.

   (C)   Design standards.

      (1)   All new development within the Village Center Zoning District shall incorporate the following design standards in addition to all other applicable requirements of the Zoning Ordinance. New development will use existing development as a guide when determining site development, layout, bulk, and form of proposed structures within the Village Center District. New development should be designed and built to reflect existing neighborhood characteristics including shape, height, massing, roof shapes, and door and window placement and proportions.

      (2)   The Planning Commission shall consider these standards in its review of all development within the Village Center Zoning District. The concept plan will allow for review of the proposed development in order to ensure consistency with the intent of the standards and the purpose of the VC district. The Planning Commission may not approve development applications that do not comply with the design standards or other requirements of this section.

      (3)   Site development and layout.

         (a)   Buildings shall be oriented such that the principal face of the building faces the most dominant adjacent public street as determined by the orientation of existing surrounding structures.

         (b)   Multi-story buildings with commercial use(s) on the ground and lower floors and residential uses on the upper floor(s) are encouraged.

         (c)   Garage and service doors for commercial development shall not be oriented to the dominant adjacent public street. Garage and service doors shall be located to the rear and/or side of buildings allowing for the principal face of the building to remain the dominant public street feature.

         (d)   All equipment and supplies shall be stored, maintained, and repaired outside of the front yard area and within completely enclosed buildings. The Planning Commission may approve outdoor display of products at the time of site development plan review.

         (e)   Parking shall be located to the rear and/or side of buildings. Parking lots shall not create long expanses of empty street frontage.

         (f)   Shared parking is strongly encouraged. The Planning Commission may reduce the minimum parking requirements where the applicant can demonstrate the need for fewer parking spaces due to availability of on-street parking, joint parking, community/shared parking as otherwise provided under § 1-19-6.240.

         (g)   Roadside sidewalks shall be provided when sites are developed or redeveloped. Sidewalks linking adjacent parcels along the primary street shall be provided wherever practical.

         (h)   Streets and roadways shall link to existing road networks and follow the established predominant street pattern.

         (i)   Refuse and recycling dumpsters shall be located away from public access areas and may be required to be screened. The most appropriate screening shall be determined at site development plan review with materials reflecting neighborhood characteristics as approved by the Planning Commission.

      (4)   Building massing and bulk.

         (a)   The overall form of proposed buildings, such as height, front and side yard setbacks, roof pitch, and length of building frontage shall be similar to the surrounding buildings in order to maintain a consistent pattern and texture in the built environment.

         (b)   Community or institutional buildings may be granted increased height allowances for architectural features that signify the function or importance of the building to the community.

         (c)   Where abutting a public street, townhouse and multi-family structures shall have a maximum width of three dwelling units.

         (d)   Non-residential buildings shall not exceed a maximum footprint of 5,000 square feet except within the growth area communities where the Planning Commission may grant a maximum non-residential building footprint of up to 8,000 square feet. The Planning Commission may increase the maximum footprint above 8,000 square feet within growth area communities where:

            1.   The increased footprint is compatible with the pattern of or relationship to existing or approved development on adjacent or confronting lots; and

            2.   The proposed building and site design provide a transition between existing structures on adjacent and confronting lots and the proposed development; and

            3.   The proposed development results in preservation and integration of historic resources into the development where applicable; and

            4.   The increased building footprint does not exceed a maximum total of 10,000 square feet; or the increased building footprint is in accordance with county community and corridor plans.

         (e)   The Planning Commission may require changes to building and site design where an increase above 5,000 square feet has been requested, to minimize negative impacts on surrounding properties that may result from the increased footprint. The building and site design changes shall be limited to new construction and may include: location of public access, buffering and screening, landscaping, lighting, outdoor recreation areas, building location and orientation. The Planning Commission must make a specific finding identifying the negative impacts on surrounding properties where changes to building and site design are required.

         (f)   Building designs shall not include flat roofs, large expanses of undifferentiated facades, and long plain wall sections.

(Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)

   The following provisions shall be applicable in the General CommercialDistrict.

   (A)   Access requirements. One combined entrance/exit is permitted for each 200 feet of frontage. Access to corner lots will be at least 100 feet from intersecting street rights-of-way. Entrances to individual lots on a frontage road will be a minimum of 200 feet apart, except when developing on the circumference at the end of a cul-de-sac, then entrances may be less than 200 feet apart; however, combined entrances with adjoining properties shall be provided to limit the number of access points and give the maximum separation possible.

   (E)   Refuse and recycling dumpsters shall be located away from public access areas and may be required to be screened. The most appropriate screening shall be determined at site development plan review with materials reflecting neighborhood characteristics as approved by the Planning Commission.

(Ord. 77-1-78, § 40-62(C), 1-24-1977; Ord. 81-3-193, 1-27-1981; Ord. 83-14-281, 6-7-1983; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 10-01-536, 1-19-2010; Ord. 11-25-591, 10-27-2011; 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 following provisions shall be applicable in the Mixed Use (MX) District.

   (B)   Refuse and recycling dumpsters shall be located away from public access areas and may be required to be screened. The most appropriate screening shall be determined at site development plan review with materials reflecting neighborhood characteristics as approved by the Planning Commission.

   (C)   Development shall comply with adopted County Community or Corridor Plans for the area where the development is proposed.

   (D)   Utilize building mounted or monument signs rather than pylon signs.

      (1)   Facilitate safe and convenient access to public transit through building placement and site design in accordance with the Frederick County Transit-friendly Design Guidelines.

      (2)   Orient buildings so that rear entrances and rear façades face away from roadways, pedestrian and public areas.

      (3)   Orient as many buildings as possible to pedestrian ways, public streets, or internal roadways in larger developments.

      (4)   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.

      (5)   Mark or construct pedestrian walkways and crossings of materials that provide a distinction from areas of vehicular movement.

      (6)   Locate parking predominantly to the side and or rear of buildings and design the parking areas to facilitate pedestrian movement.

      (7)   Parking lots shall not create long expanses of empty street frontage.

      (8)   Design projects to link to existing and planned road networks, incorporate an interconnected street grid, and avoid commercial 'strip' development where vehicular access is achieved directly to a collector classification roadway or higher.

      (9)   Design projects to facilitate joint use, shared parking, and the use of parking structures. Evaluation factors include: building and parking placement, mixture of land uses, and parking recommendations contained within the adopted community or corridor plan where the project is proposed.

      (10)   Provide shared access and interior drives with allowance for interconnection between properties 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.

      (1)   Individual structures shall not exceed the maximum building footprint as provided within the adopted county community or corridor plan.

      (2)   Incorporate pedestrian scale building design and architectural elements at building entrances and where abutting a public right-of-way. Evaluation factors include: balconies, terraces, windows, canopies, porches, and benches.

      (3)   Provide a primary pedestrian entrance onto a street, square, plaza, or sidewalk.

      (4)   Design and construct buildings 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 shall not include long expanses of undifferentiated façades and long plain wall sections.

      (5)   Design and construct buildings with materials and architecture of traditional villages and towns throughout Frederick County and Central Maryland, unless otherwise provided within adopted county community or corridor plans.

      (6)   Locate and design buildings with consideration to the surrounding development with regard to scale and setbacks.

      (1)   The Planning Commission may modify the development standards in § 1-19-7.520(D) through (F), lot area, lot area per unit, lot width, setback, and height requirements (as provided in § 1-19-6.100 Design Requirements) for the MX District and maximum building footprint as provided in § 1-19-7.520(F)(1). The Planning Commission may approve a modification where a specific finding is made that:

         (a)   The modification is in conformance with the adopted county community or corridor plan; and

         (b)   The modification provides for an improved design that furthers the goals within the adopted county comprehensive, community, or corridor plan, and would not otherwise be possible within the existing regulations; and

         (c)   All other provisions of this chapter are met.

      (2)   Where MPDUs are provided the modification shall not exceed the area, width, yard, and height measurements as provided in § 1-19-8.620.5.

      (3)   The Planning Commission may require modifications to building and site design where an increase in maximum building footprint has been granted, to address potential negative impacts on surrounding properties that may result from the increase. The building and site design modifications may include: location of public access, buffering and screening, landscaping, lighting, outdoor recreation areas, building location and orientation.

      (1)   Mixed-use development is encouraged in the MX District including a mixture of residential, commercial and employment uses within a structure, a lot or the district. Multiple principal structures and uses on an individual lot are permitted within the MX District when approved by the Planning Commission through the Type I Site Plan Review process (§§ 1-19-3.300 through 1-19-3.300.4) where the Planning Commission finds that the following criteria have been met in addition to the other provisions in this section:

         (a)   Where identified within an adopted county community or corridor plan, residential, commercial, or employment land uses, or a mixture thereof, shall be provided. The mixture of land uses shall comply with the adopted community or corridor plan and be approved by the Planning Commission.

         (b)   Land uses shall be integrated through provision of the following: bicycle, pedestrian, transit, and vehicular connections between uses; 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.

         (c)   Multiple structure and mixed use development that includes a residential component shall provide a common plaza/green area (not including swimming pools or playgrounds), in addition to all other landscaping and setback requirements, at the following rate: 363 square feet of common plaza/green area per 2,000 square feet of gross floor area or portion thereof. A green roof may be considered toward meeting common plaza/green area requirements.

         (d)   Where provided in (c) above, the common plaza/green area shall be centrally located to act as a focal point to the development.

         (e)   To the greatest extent feasible shared and joint use parking shall be integrated into the overall parking plan to achieve a reduction in on-site parking and impervious surface. Evaluation shall include the feasibility of utilizing parking structures in meeting on-site parking requirements.

         (a)   The manner in which the standards within this section have been met by the proposed development; and

         (b)   The manner in which the proposed development conforms to adopted county community or corridor plans for the area where the development is proposed.

   (J)   The provisions of this section shall apply to all site development plans or amendments to approved existing site development plans filed on or after December 2, 2011.

(Ord. 11-28-594, 11-22-2011; Ord. 14-23-678, 11-13-2014)

   The following provisions shall be applicable in the Industrial Districts.

   (A)   Access requirements. One combined entrance/exit is permitted for each 200 feet of frontage. Access to corner lots will be at least 100 feet from intersecting street rights-of-way. Entrances to individual lots on a frontage road will be a minimum of 200 feet apart, except when developing on the circumference at the end of a cul-de-sac, then entrances may be less than 200 feet apart; however, combined entrances with adjoining properties shall be provided to limit the number of access points and give the maximum separation possible.

   (C)   Signs. Square footage may be increased by 25% if no free-standing or pylon-type signs are used.

   (E)   Refuse and recycling dumpsters shall be located away from public access areas and may be required to be screened. The most appropriate screening shall be determined at site development plan review with materials reflecting neighborhood characteristics as approved by the Planning Commission.

   (F)   The requirements of § 1-19-8.402 apply to a critical digital infrastructure facility.

(Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 10-01-536, 1-19-2010; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014; Bill No. 22-05, 3-15-2022)

   The following performance standards for Limited and General Industrial Districts are designed to reduce the impact of industrial districts on surrounding uses by lessening traffic congestion, protecting the health and safety of workers and nearby residents, and by preventing detrimental effects on properties adjoining or in the neighborhood. All applications for a site plan approval must be accompanied by a registered engineer's certification that the use complies with all of the applicable standards. Upon receipt of the certification, the Zoning Administrator will issue a zoning certificate. After occupancy, if there occurs continuous or frequent, even though intermittent, violations of the performance standards and provisions of these regulations without bona fide and immediate corrective work, the Zoning Administrator will suspend or revoke the zoning certificate of the use and the operation shall immediately cease until it is able to operate in accordance with this chapter, at which time the zoning certificate shall be reinstated.

      (1)   In the LI District all operations and the storage of equipment, materials or products will be conducted within completely enclosed buildings or storage may be permitted outdoors only when completely screened by a wall, opaque fence, or planting so that such materials will not be visible from a public way or adjoining property. The Planning Commission shall determine the most appropriate screening for the use. The Planning Commission may waive or modify the requirement for complete screening between adjoining properties where the adjoining properties are similar in use and reduction or elimination of complete screening will not adversely impact adjoining properties.

      (2)   (a)   In the GI District, a use is permitted either indoors or outdoors but in conformance with the following.

      (1)   Noise will be measured with a sound level meter. Impact noise will be measured using the fast response of the sound level meter. Impact noises are intermittent sounds such as from a punch press or drop force hammer.

      (2)   The following table describes the maximum sound pressure level permitted from any industrial source and measured in any adjacent Residential District, Commercial District, or LI Limited Industrial Lot.

 

 

      (3)   The following sources of noise are exempt.

         (a)   Transportation vehicles not under the control of the industrial use.

         (b)   Occasionally used safety signals, warning devices, and emergency pressure relief valves.

         (c)   Temporary construction activity between 7:00 a.m. and 7:00 p.m.

      (1)   The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation, or activity except solid waste incinerators within the boundaries of any lot, will not exceed the levels set forth below. Emissions of dust and particulates shall be in accordance with the State of Maryland rules and regulations governing air contamination and air pollution, and, in case of conflict, the most restrictive will apply.

      (2)   Particulate matter emission from materials or products subject to becoming windborne will be kept to a minimum by paving, sodding, oiling, wetting, covering or other means, such as to render the surface wind resistant. Such sources include vacant lots, unpaved roads, yards and storage piles or bulk material such as coal, sand, cinders, slag, sulfur, and the like.

Particulate Matter

Suspended

Settleable

   Monthly maximum   0.7

Ambient Air Quality Standard (LI and GI Districts)

Sulfur Oxides

      (1)   Activities involving the storage, utilization or manufacture of products which decompose by detonation shall be in accordance with these new regulations.

      (2)   Such materials shall include but are not limited to: all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates, and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.

      (3)   Liquified petroleum gas (LP-gas) and flammable/combustible liquids within the LI and GI Districts shall adhere to the following standards:

         (a)   The total storage capacity of LP-gas shall not exceed 1,000,000 gallons on any site.

         (b)   The total storage capacity of flammable/combustible liquids shall not exceed 300,000 gallons.

         (c)   On-site blending of fuels is not permitted.

         (d)   The facility shall meet or exceed the requirements of:

            1.   The Frederick County Fire Prevention Code, as amended; and

            2.   The Following National Fire Protection Association (NFPA) Standards as adopted by reference, with local amendments, in the Frederick County Fire Prevention Code:

         (e)   A minimum lot area of 5 acres is required for a petroleum product storage facility with product storage capacity of 300,000 gallons or more.

(Ord. 77-1-78, § 40-62(F), 1-24-1977; Ord. 77-10-87, 8-22-1977; Ord. 86-49-426, 9-23-1986; Ord. 97-20-198, 12-16-1997; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 11-06-572, 5-17-2011; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   (A)   In the ORI District, no outside storage of equipment, material or products will be permitted.

   (B)   In the ORI District, all of the industrial performance standards not otherwise provided for in this section which pertain to the Limited Industrial (LI) Zone shall apply to the ORI Zone.

   (C)   In the ORI District, the minimum landscaped open space on any individual lot shall not be less than 20% of the land area of the lot. The landscaped open space shall not be impervious or open for vehicular use and the landscaping shall be maintained in a reasonable manner.

   (D)   In the ORI district, building architectural renderings or plans shall be submitted to the Planning Commission to assure that the appearance, size, type of building material or other aspects of the building are consistent with the purposes and intent of the zone.

(Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 14-23-678, 11-13-2014)