This article establishes additional design requirements for certain uses or structures, with primary emphasis on uses requiring site plan approval or special exception approval.

(Ord. 77-1-78, § 40-70, 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   No major recreational equipment will be used for living, sleeping, or other occupancy when parked or stored on a residential lot or in any other location not approved for such use.

(Ord. 77-1-78, § 40-49(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Although customary accessory uses are expected to develop in conjunction with a principal permitted use, the accessory uses listed in Division 2, Accessory Uses, will receive approval only when specific criteria have been met.

(Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following customary accessory uses are permitted in all zoning districts: auction sales, yard sales and "kids fairs;" however, not more than 1 such event shall be held per lot per year.

(Ord. 81-23-213, 8-4-1981; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   A communications antenna not exceeding 10 feet above and attached to an existing building or structure or attached to a support pole inserted within an existing electrical transmission line lattice tower is permitted in any zoning district.

(Ord. 99-14-241, 11-23-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 10-17-552, 6-15-2010; Ord. 14-23-678, 11-13-2014)

   Farm tenant houses are permitted as accessory structures on a farm as follows: 25 acres to 50 acres, 1 tenant house, thereafter 1 tenant house per 50 acres.

(Ord. 77-1-78, § 40-47(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   Solar Facility, Accessory, is a permitted use in all zoning districts.

(Ord. 09-11-515, 4-28-2009; Ord. 14-23-678, 11-13-2014; Bill No. 17-07, 5-16-2017)

   Solar Facility, Community Energy Generating System is an accessory use in all zoning districts and the facility may be located on a different parcel of land than that of the subscribers. A zoning certificate must be obtained prior to construction or installation of the facility.

(Ord. 09-11-515, 4-28-2009; Ord. 14-23-678, 11-13-2014; Bill No. 17-07, 5-16-2017)

   (A)   Limited wind energy systems are permitted in any zoning district subject to the following standards except that limited wind energy systems under 10 feet in height and located on a principal or accessory structure are not subject to these provisions:

      (1)   The limited wind energy system shall be used for the purpose of generating power for the property on which the limited wind energy system is located. Commercial sale of power is prohibited.

      (2)   The limited wind energy system shall be set back a distance equal to its total height plus an additional 20 feet from:

         (a)   Any right-of-way as designated by the County Comprehensive Plan;

         (b)   Any right of ingress or egress on the owner's property;

         (c)   Any overhead utility lines;

         (d)   All property lines.

      (3)   The limited wind energy system shall not be located within the required front yard setback.

      (4)   All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

      (5)   All electrical wires associated with a ground mounted wind energy system shall be located underground, except those wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires.

      (6)   A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA).

      (7)   Wind energy systems shall be painted a non-reflective, non-obtrusive color such as the manufacturer's default color option or a color that conforms to the environment and architecture of the community in which it will be located. Wind energy towers shall maintain a galvanized steel, brushed aluminum or white finish, unless FAA standards require otherwise. The Zoning Administrator may require a photo of a wind energy system of the same model that is the subject of the application, adjacent to a building or some other object illustrating scale.

      (8)   The blade tip or vane of any wind energy system shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.

      (9)   Wind energy systems shall comply with all applicable construction and electrical codes.

      (10)   Wind energy systems that connect to an electric utility company shall comply with the Public Service Commission regulations.

      (11)   Each property is eligible for 2 wind energy systems. Additional wind energy systems shall not exceed the total number needed to generate the amount of electricity for the established uses on the property unless the applicant can demonstrate the on- site need for additional power.

         (a)   The Zoning Administrator may issue a notice of abandonment to the owner of a wind energy system that is out of service for a continuous 6-month period. The owner shall have the right to respond in writing, within 30 days, to the notice of abandonment setting forth the reasons for operational difficulty and providing a reasonable timetable for corrective action. If sufficient reason is provided, the Zoning Administrator shall withdraw the notice of abandonment and the owner of the wind energy system will be notified.

         (b)   If the wind energy system is determined to be abandoned, the owner shall remove the wind energy system within 3 months of the date of the notice of abandonment, at the owner's expense. If the owner fails to remove the wind energy system, the Zoning Administrator may pursue legal action to have the wind energy system removed at the owner's expense.

      (13)   All wind energy systems shall comply with the limitations contained in the noise ordinance of Frederick County (Frederick County Code § 1-11-6).

   (B)   It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this chapter or with any condition contained in a building permit issued pursuant to this chapter, or that is in violation of any state or federal regulation.

(Ord. 09-11-515, 4-28-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions apply to commercial vehicle parking as an accessory use to a farm:

   (A)   The subject property must meet the definition of a farm provided in § 1-19-11.100.

   (B)   Parking of commercial vehicles may include but is not limited to: school buses, tractor trailers, and contractor vehicles.

   (C)   Parking under this section is limited to licensed commercial vehicles that are used in the furtherance of a commercial enterprise.

   (D)   The maximum number of commercial vehicles permitted is 5.

   (E)   A Minimum setback of 50 feet is required for all yards. Parking may not be located within the required setback area.

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

   Customary accessory uses permitted on institutional use properties include the following: activities, such as breakfast, lunches, dinners, bazaars, auctions, sales, game nights, carnivals, farmers markets, and similar activities. Institutional use properties are those listed in § 1-19-5.310 under the heading "Institutional," namely, civic community center, civic service clubs, day-care center, nursery school, group homes, hospital, nursing home, places of worship, private schools, camps and retreats, and fire and rescue service.

(Ord. 81-23-213, 8-4-1981; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014; Bill No. 20-15, 9-29-2020)

   The following provisions shall apply to gasoline storage tanks with a capacity between 270 gallons and 1,100 gallons as an accessory use on farm lots in the GC, LI and GI Districts.

   (A)   The minimum lot size shall be 40,000 square feet.

   (B)   The storage tank shall be placed aboveground with a capacity not to exceed 1,100 gallons.

   (C)   The storage tank shall be located a minimum of 100 feet from a well or as provided in § 1-6-50 (Wellhead Protection Ordinance), whichever is greater.

   (D)   The storage tank must have a minimum setback of 25 feet from all property lines.

   (E)   The storage tank shall be governed by the International Building Code 2006 as amended concerning storage tanks, and the National Fire Protection Association 30, as amended.

   (F)   Storage tanks shall have 100% catchment basin, or double-walled containment and a spill protection overfill alarm.

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

(Ord. 09-21-525, 6-4-2009; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to limited accessory dwelling units in the RC, A, R1, R3, R5, R8, R12, R16, VC, MXD, PUD, and MX districts.

   (A)   Only 1 limited accessory dwelling unit ("ADU") may be created on a lot.

   (B)   A limited accessory dwelling unit shall be allowed within single-family dwellings, in an accessory structure, or built as a separate accessory structure on a single-family lot.

   (C)   The owner of the property must reside in the principal dwelling or in the accessory dwelling unit.

   (D)   There must be at least 1 additional parking space provided for the limited accessory dwelling unit. On-street parking may be utilized to meet this requirement.

   (E)   The limited accessory dwelling unit shall not exceed 1,000 square feet in size, excluding decks, porches, patios or other items that are not part of the primary footprint of the accessory dwelling unit. An accessory dwelling unit greater than 1,000 square feet shall be reviewed as a special exception under § 1-19-8.321.

   (F)   A limited accessory dwelling unit located in an accessory structure or built as a separate accessory structure must comply with the accessory structure requirements of § 1-19-8.240(B).

   (G)   ADUs are intended to serve ongoing housing needs of county residents. Short term rental of ADUs in the nature of extended stay hotels, Airbnbs, or seasonal temporary housing is not permitted.

   (H)   The owner of the principal residence shall file an annual statement with the Zoning Administrator verifying that conditions under which the limited accessory dwelling unit was granted remain the same.

   (I)   If the ownership of the lot changes, the subsequent owner must provide a statement as to the continued use and eligibility of the accessory dwelling unit.

   (J)   If the Zoning Administrator, after consultation with appropriate County staff, determines that the limited accessory dwelling unit is not in compliance with the above provisions as well as all safety, health, and environmental standards, approval of the accessory dwelling unit may be revoked pursuant to § 1-19-2.210.

(Ord. 11-25-591, 10-27-2011; Ord. 11-28-594, 11-22-2011; Ord. 14-23-678, 11-13-2014; Bill No. 18-16, 8-21-2018; Bill No. 20-10, 7-21-2020)

   The Zoning Administrator may approve a request for a temporary mobile home in the RC, A, or R-1 districts where the following provisions are met:

   (A)   The mobile home shall be occupied by an immediate member of the family owning and residing on the subject lot.

   (B)   The occupant of either the mobile home or principal dwelling must have a physical or mental condition or excessive age which requires constant care and attention. The physical or mental condition or excessive age shall be certified by a physician licensed within the State of Maryland and submitted to the Zoning Administrator.

   (C)   The lot must contain no less than 40,000 square feet of area in the RC and A districts and no less than 80,000 square feet of area in the R-1 district.

   (D)   Only single-wide mobile homes will be permitted.

   (E)   The mobile home shall:

      (1)   Meet the setback requirements for the district;

      (2)   Be located to the rear of the principal dwelling in the R-1 district;

      (3)   Be placed so as to minimize the visual impact on the neighborhood; and

      (4)   Be placed on the property only after a site plan has been approved by the Zoning Administrator.

   (F)   The application for temporary mobile home approval shall include the name and address of each person owning property adjacent to the subject property. The Zoning Administrator shall notify all adjacent property owners whether separated by streets, railroads, or other rights-of-way of the application for temporary mobile home approval. The Zoning Administrator shall approve or deny the application for a temporary mobile home not less than 30 days after notification of adjacent property owners.

   (G)   The renting of rooms under § 1-19-8.240 will not be permitted in conjunction with a temporary mobile home.

   (H)   The owner shall file an annual report with the Zoning Administrator verifying that conditions remain the same under which the temporary mobile home was granted.

   (I)   If the Zoning Administrator determines that the temporary mobile home is not in compliance with the above provisions as well as all safety, health, and environmental standards, approval may be revoked pursuant to § 1-19-2.210.

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

   The Zoning Administrator may approve a request for a Class 8 farm brewery license holder to conduct limited activities as an accessory use to a commercial roadside stand in the RC, A, R1, R3, VC, MX and GC zoning districts where the following requirements are met:

   (A)   The holder of a Class 8 farm brewery license under the Annotated Code of Maryland may sell and deliver beer in accordance with the terms and approvals of that license.

   (B)   Outdoor promotional events and activities allowed under the Class 8 farm brewery license shall require a temporary outdoor activity permit, except in the residential zoning districts wherein temporary use permits shall not be issued.

(Ord. 14-26-681, 11-20-2014)

   (A)   Crematory operations are permitted as an accessory use to cemetery/memorial gardens or funeral home. Animal incinerator operations are permitted as an accessory use to cemetery/memorial garden in the A District.

   (B)   Crematory and animal incinerator operations as an accessory use to a cemetery/memorial gardens requires a minimum lot size of 15 acres.

   (C)   Crematory and animal incinerator operations as an accessory use to a cemetery/memorial gardens requires all yard setbacks be a minimum of 50 feet.

   (D)   Crematory and animal incinerator operations must comply with all state and federal regulations including all licensing requirements.

(Ord. 07-34-474, 11-6-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   (A)   The proposed use must meet the definition of limited funeral establishment as provided in § 1-19-11.100.

   (B)   The limited funeral establishment includes activities associated with the practice of mortuary science but shall not include the practice of funeral direction as defined by the Md. Code Ann., Health Occupations Article, Title 7, Maryland Morticians and Funeral Directors Act.

   (C)   The limited funeral establishment shall not include activities associated with cemetery/memorial garden, crematory, stone monument sales, or funeral home.

   (D)   The limited funeral establishment shall be conducted on a minimum of 5 acres.

   (E)   Minimum setbacks and height are as required in § 1-19-6.100 for a single-family detached residential use in the RC Zoning District.

   (F)   No retail sales or service other than the practice of mortuary science shall be conducted on the site.

   (G)   The business must be conducted by a full- time resident of the property.

   (H)   One nonresident employee (full-time or part- time) is permitted to work on the premises.

   (I)   There shall be no exterior evidence other than the sign as required by Title 10 Subtitle 29 Chapter 3, Section 3, Code of Maryland Regulations license requirements for funeral establishments to indicate the building is being used for any purpose other than that of a dwelling or an accessory structure.

   (J)   The operation shall not cause any odor, dust, smoke, vibration, or noise that can be detected at or beyond the property line.

   (K)   There shall be no outside storage of equipment, material or stock.

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

   The following provisions shall apply to a cemetery/memorial garden accessory to a place of worship in the RC District.

   (A)   A cemetery/memorial garden shall not be located within the FEMA floodplain, flooding soils, or wet soils.

   (B)   Minimum lot area, lot width, yard setbacks, and height requirements are the same as required for open space uses in § 1-19-6.100.

   (C)   The subject property shall have frontage and access on a paved public road.

   (D)   The requirements of § 1-19-7.200 of this Code shall be met.

(Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to a child care center/nursery school as an accessory use to a place of worship in the A and RC zoning districts:

   (A)   A child care center/nursery school shall be an accessory use within a building utilized for a place of worship.

   (B)   The child care center/nursery school shall not utilize more than 20% of the building floor area on the particular lot on which such child care center is located.

   (C)   The minimum size of a child care center/nursery school shall be determined per child as required under Maryland law.

   (D)   All recreation and open space shall be provided in accordance with state law for outdoor activity area. Play areas provided must be fully fenced.

   (E)   The child care center/nursery school shall be operated not for profit.

(Ord. 10-04-539, 3-11-2010; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to a funeral home as an accessory use to a cemetery/memorial garden in the A District:

   (A)   A funeral home as an accessory use to a cemetery/memorial garden shall only be allowed where the cemetery/memorial garden lot size is not less than 25 acres; and

   (B)   The cemetery/memorial garden shall have frontage on and direct access to a roadway with at least a collector status, as designated on the County Comprehensive Plan.

(Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)

   (A)   Customary accessory uses permitted on residential properties include the following.

      (1)   Accommodations for bona fide servants or guests, including unattached guest houses.

      (2)   (a)    Keeping of not more than 9 domestic animals; however, a commercial stable or kennel is not an accessory use. Farm parcels are exempt from this limitation.

         (b)   Keeping of farm animals in residential districts on a lot containing 3 acres or more provided no pens, stalls or runs will be located closer than 50 feet of any lot line, unless approved as a limited agricultural activity as provided in § 1-19-5.310 and § 1-19-8.325.

      (3)   Recreation facilities, such as swimming pools or tennis courts, located on residential lots, if the use of the facilities is restricted to occupants of the principal use and guests for whom no admission or membership fees are charged, or such facilities occur on a lot adjoining the principal use and both uses are under the same ownership.

      (4)   Domestic or agricultural storage in a barn, shed, tool shed, or similar building or other structure.

      (5)   Home occupations.

            1.   There will be no exterior evidence, other than a permitted sign, to indicate that the building is being used for any purpose other than that of a dwelling or an accessory structure.

            2.   No retail sales or services, other than goods grown, produced or assembled on the premises, shall be conducted on the premises; however, retail sales of products not produced on the premises are permitted when these sales are only incidental to and part of the primary function of the business. As a home occupation, antique shops in the A and RC Zoning Districts shall be permitted to conduct retail sales in accordance with the remaining requirements set forth in this chapter.

            3.   Additional off-street parking will be provided in accordance with the requirements set forth by use in § 1-19-6.220. If there is a question as to the use and corresponding parking, the Zoning Administrator shall make the determination.

            4.   The home occupation shall not cause any odor, dust, smoke, vibration, noise, or electromagnetic interference which can be detected at or beyond the property line.

            5.   There will be no outdoor storage of equipment, material, or stock.

            6.   There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials as defined by the U.S. Environmental Protection Agency.

            7.   The business must be conducted by a full-time resident of the property.

            8.   Home occupations located on properties utilizing a common drive shall be required to give notice of home occupation use to adjoining property owners by registered or certified mail.

            9.   Any interior structural alterations to accommodate the home occupation will require the issuance of a building permit.

            1.   No more than 5 business- related vehicle visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified in the Comprehensive Plan. When located on a collector roadway, no more than 5 business-related vehicle visits per day at the premises, or no more than 20 per week, whichever is greater, excluding delivery vehicles, are permitted. There will be no limit on the number of business-related vehicle visits to a residence when located on an arterial roadway. Deliveries are only permitted by public or private delivery services that customarily make residential deliveries.

            2.   No nonresident employees (full-time or part-time) are permitted to work on the premises.

            3.   No more than 600 square feet of an accessory structure may be used for business purposes. There is no limit to the amount of square footage which can be utilized within the principal structure, provided the home occupation remains incidental to the residential use. For parcels of 10 acres or greater in size, the size of accessory structures to be used may be enlarged by special exception after giving due consideration to setbacks, size and location of structure and its impact on the adjoining properties.

            4.   More than 1 home occupation with no impact may be conducted on the premises; however, the combined business-related impact of the home occupations shall not exceed the limits established in items (b)1.-3. above.

            5.   "No impact" home occupations may be permitted in all types of residential structures.

            1.   No more than 2 business- related vehicle visits per day nor more than 10 visits per week at the premises, excluding delivery vehicles, are permitted when the business is located on a local roadway as specified on the Comprehensive Plan. When located on a collector roadway, no more than 5 business-related vehicle visits per day at the premises, or no more than 20 per week, whichever is greater, excluding delivery vehicles, are permitted. There will be no limit on the number of business-related vehicle visits to a residence when located on an arterial roadway. Deliveries are only permitted by public or private delivery services that customarily make residential deliveries.

            2.   No more than one nonresident employee (full-time or part-time) is permitted to work on the premises.

            3.   In residential and conservation zoned parcels, no more than 600 square feet of an accessory structure may be used for home occupation purposes. This square footage may increase to 1,200 square feet in the agricultural zone and on lots over 5 acres in the Resource Conservation (RC) Zone. There is no limit to the amount of square footage which can be utilized within the principal structure, provided the home occupation remains incidental to the residential use. For parcels of 10 acres or greater in size, the size of accessory structures to be used may be enlarged by special exception after giving due consideration to setbacks, size and location of structure and impact on the adjoining properties.

            4.   More than 1 home occupation with minor impact may be carried out on the premises; however, the combined business-related impact of the home occupations shall not exceed the limits established in items (C)1.-3. above.

            5.   Home occupations with minor impact shall be permitted within townhouse, condominium, multiplex or apartment dwellings except that vehicle visits shall be limited to the hours between 7:00 a.m. and 6:00 p.m.

      (6)   Professional offices which:

         (a)   Are located in the same building as the domicile of the professional practitioner or in an accessory structure existing as of March 28, 1997; and

         (b)   Do not employ more than 2 assistants; and

         (c)   Do not substantially change the character or appearance of the dwelling or accessory structure.

      (7)   The rental of rooms to no more than 2 persons by a resident family.

      (8)   Radio or television antenna.

      (9)   The parking of no more than 2 school buses driven by resident(s).

   (B)    An accessory structure shall be limited in size when located on a residentially zoned property to the following:

      (1)   The total square footage of all floors of the accessory structure shall not exceed that of the dwelling;

      (2)   Except as provided in subsection (B)(3) below, the footprint of an accessory structure may not exceed the greater of:

         (a)   One-half of the footprint of the principal dwelling; or

         (b)   Six hundred square feet.

      (3)   One (1) accessory structure located on a Residential-1 (R-1) zoned property may exceed the footprint limits of subsection (B)(2) above, provided that the footprint of that accessory structure does not exceed 2000 square feet, and provided that the lot size equals or exceeds 20,000 square feet.

      (4)   The square footage allowed for business purposes in an accessory structure shall be 600 square feet.

      (5)   Accessory structures shall not exceed 70% of the maximum height allowed for the principal permitted use, except as otherwise provided within this chapter.

(Ord. 77-1-78, § 40-47(C), 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 80-24-176, 8-26-1980; Ord. 92-19-054, 8-18-1992; Ord. 94-28-123, 12-8-1994; Ord. 95-28-152, 12-5-1995; Ord. 97-05-183, 3-18-1997; Ord. 98-02-204, 2-3-1998; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 12-08-603, 4-17-2012; Ord. 14-05-660, 5-22-2014; Ord. 14-23-678, 11-13-2014; Bill No. 23-21, 11-21-2023)

   Customary accessory uses are permitted in Commercial or Industrial Districts, including the following.

   (A)   Vending machines.

   (B)   The storage of goods normally carried in stock, used in, or produced by commercial or industrial uses, unless the storage of particular goods is prohibited under the district regulations.

   (C)   Incidental repair facilities, unless expressly prohibited under applicable district regulations.

   (D)   Limited retail sales may be permitted for any manufacturing plant or warehouse in the Limited Industrial and General Industrial Districts, provided that the products sold are:

      (1)   Manufactured on the site;

      (2)   Parts or accessories to products manufactured on the site or elsewhere; or

      (3)   Stored or distributed either by the owner or lessee of the site.

   (E)   It is further provided that not more than 25% of the floor area of the first floor of the main building, which is used for the manufacturing, storage or distribution of products, may be used for the retail sales of articles made, stored or distributed on the premises.

      (1)   Service facilities are limited to repair and/or service of products manufactured, stored, or distributed by the owner or lessee of the site.

      (2)   Nothing herein contained shall be construed to permit the operation of general retail sales business other than provided in this subsection.

      (3)   Off-street parking for limited accessory retail uses must comply with the requirements of § 1-19-6.220.

   (F)   Guardhouses, provided that:

      (1)   It is determined through the site plan approval process that the guardhouse will provide controlled vehicular and/or pedestrian access to the site and that controlled access to the site is necessary and appropriate for security purposes in connection with and in consideration of the nature of the primary use on the site;

      (2)   Notwithstanding any other provisions relating to accessory structures, the guardhouse may be located anywhere on a lot, including a panhandle, provided that a 6-foot setback is maintained from any lot line;

      (3)   The guardhouse shall be situated in a location with adequate setbacks so as to minimize conflict with off-site traffic, existing or proposed driveways, septic fields and utilities, and shall accommodate other existing site features, rights-of- way, easements, and/or other uses; and

      (4)   In addition to the site plan requirements of §§ 1-19-3.300 and 1-19-3.300.4, the site plan shall include architectural drawings, show necessary utility connections and water and sewer infrastructure and easements, indicate the effect of the controlled access on the vehicular flow into the site and measures that will be taken to mitigate the interference of vehicles stacking with off-site traffic.

(Ord. 77-1-78, §40-47(E), 1-24-1977; Ord. 84-21-318, 8-21-1984; Ord. 06-24-420, 6-20-2006; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 14-23-678, 11-13-2014)

   In the ORI zoning district, a child care center may be an accessory use within a building utilized for a permitted use and the child care center shall not utilize more than 10% of the building floor area on the particular lot on which such child care center is located. The minimum size of a child care center shall be determined based on the amount of square footage required under the State of Maryland Code of Regulations 10.05.01. All recreational and open space shall be in accordance with state regulations. Play areas provided must be fully fenced.

(Ord. 89-51-582, 8-15-1989; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014; Bill No. 23-19, 10-17-2023)

   (A)   A scuba facility is permitted as an accessory use in a mineral mining district provided the scuba facility:

      (1)   Utilizes an existing, open-pit mine fed by a natural spring;

      (2)   Has setbacks a minimum of 50 feet from all property lines and 300 feet from all mineral extraction, hauling, and processing operations; and

      (3)   Receives approval from the Maryland Department of the Environment prior to site plan approval.

   (B)   Other uses operated in conjunction with the mineral extraction such as business office, caretaker or watchman structures, or facilities for the repair of equipment used in conjunction with the mining operation are permitted as accessory uses in a mineral mining district.

   (C)   All accessory uses in a mineral mining district shall occupy no more than 25% of the land zoned mineral mining.

(Bill No. 19-16, 12-17-2019)

   Temporary special exceptions may be granted by the Board of Zoning Appeals for the uses indicated by the letter "T" in § 1-19-5.310 for each district. A temporary special exception permit is valid for no longer than 1 year from date of issuance. Such temporary special exceptions may be renewed upon approval of the Board. The applicant shall provide the names and addresses of all adjoining property owners who shall be notified of any renewal. If the temporary use shall exist for 5 years, the Board of Zoning Appeals shall hold a hearing prior to the issuance of the subsequent renewal.

(Ord. 77-1-78, § 40-49(C), 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 79-21-47, 9-5-1979; Ord. 81-28-218, 9-29-1981; Ord. 86-54-431, 10-28-1986; Ord. 91-02-002, 3-22-1991; Ord. 97-03-181, 1-21-1997; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   General conditions for granting a special exception are outlined in § 1-19-3.210 of this Code, and specific requirements for different uses are established in this article. The following are specific conditions which will be met for each special exception. In addition, site development plan approval shall be obtained through the applicable review process as provided in §§ 1-19-3.300 through 1-19-3.300.4 or as determined by the Zoning Administrator. The following standards apply only to special exceptions.

(Ord. 77-1-78, § 40-72(A), 1-24-1977; Ord. 90-03-601, 2-6-1990; Ord. 08-26-502, 10-14-2008; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to all accessory dwelling units greater than 1,000 square feet in the RC, A, R1, R3, R5, R8, R12, R16, VC, MXD, PUD and MX districts.

   (A)   Only 1 accessory dwelling unit ("ADU") may be created on a lot.

   (B)   Accessory dwelling units greater than 1,000 square feet shall be allowed in single-family dwellings, in an accessory structure, or built as a separate accessory structure, on a single-family lot.

   (C)   The owner of the property must reside in the principal dwelling or in the accessory dwelling unit.

   (D)   There must be at least 1 additional parking space provided for the accessory dwelling unit. On-street parking may be utilized to meet this requirement.

   (E)   An accessory dwelling unit located in an accessory structure or built as a separate accessory structure must comply with the accessory structure requirements of § 1-19-8.240(B).

   (F)   ADUs are intended to serve ongoing housing needs of county residents. Short term rental of ADUs in the nature of extended stay hotels, Airbnbs, or seasonal temporary housing is not permitted.

   (G)   The owner of the principal residence shall file an annual statement with the Zoning Administrator verifying that the conditions under which the special exception was granted remain the same.

   (H)   If the ownership of the lot changes, the subsequent owner must provide a statement to the Zoning Administrator as to the continuing use and eligibility of the accessory dwelling unit.

   (I)   Due to the nature of this use, site plan approval can be granted by the Zoning Administrator in lieu of the Planning Commission.

   (J)   An accessory dwelling unit meeting the provisions of § 1-19-8.212 shall be considered a permitted accessory use and therefore not subject to this section.

(Ord. 91-33-033, 12-3-1991; Ord. 08-26-502, 10-14-2008; Ord. 11-25-591, 10-27-2011; Ord. 11-28-594, 11-22-2011; Ord. 14-23-678, 11-13-2014; Bill No. 18-16, 8-21-2018; Bill No. 20-10, 7-21-2020)

   The following provisions shall apply to private aircraft landing and storage areas in A, LI and GI Districts.

   (A)   Minimum lot size: 25 acres.

   (B)   Principal user: owner of parcel.

   (C)   Intensity of use: no more than 2 aircraft may use the airfield or storage area.

   (D)   Aircraft: limited to those which at 95°F require a maximum of 1,800 feet or less of runway surface as recommended by the specific aircraft manufacturers.

   (E)   Clear zone: must be provided at both approach and departure end of runway. Such zone shall be a symmetrical trapezoid with a length of 1,000 feet and with the parallel sides being 176 feet (adjacent to end of runway) and 317 feet respectively. Such zone shall be provided as specified herein unless modified in accordance with Maryland Aviation Administration Guidelines and approved by the Zoning Administrator. No structures are permitted within the clear zone. The clear zone must be under the ownership of the airfield owner.

   (F)   Area of operation: no operation will be permitted within 100 feet of a property line, or 1,000 feet of any public or private institution devoted to education or human care.

   (G)   Use limited: the airfield will not be for the use of instruction or training.

   (H)   The facility, activities, and aircraft operators shall meet all applicable federal and state regulations and licensing requirements.

(Ord. 77-1-78, § 40-72(A-5), 1-24-1977; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to private-commercial use aircraft landing and storage areas in A, LI and GI Districts.

   (A)   Minimum lot size: 100 acres.

   (B)   Principal user: owner of parcel.

   (C)   In the Agricultural Zoning District the owner of the property must reside in the principal dwelling.

   (D)   Intensity of use: no more than 12 aircraft may use the airfield or storage area. The Board of Appeals may reduce the maximum number of aircraft, to a number less than 12, in an effort to minimize adverse effects of the operation on surrounding properties.

   (E)   Aircraft: limited to those which at 95°F require a maximum of 1,800 feet or less of runway surface as recommended by the specific aircraft manufacturers.

   (F)   Clear zone: must be provided at both approach and departure end of runway. Such zone shall be a symmetrical trapezoid with a length of 1,000 feet and with the parallel sides being 176 feet (adjacent to end of runway) and 317 feet respectively. Such zone shall be provided as specified herein unless modified in accordance with Maryland Aviation Administration Guidelines and approved by the Zoning Administrator. No structures are permitted within the clear zone. The clear zone must be under the ownership of the airfield owner.

   (G)   Area of operation:

      (1)   No operation will be permitted within 100 feet of a property line, or 1,000 feet of any public or private institution devoted to education or human care.

      (2)   Hangars constructed after November 10, 2013 shall be located at least 200 feet from any property line adjacent to a residential use or residentially zoned property.

   (H)   Use limited:

      (1)   The airfield will not be for the use of instruction or training.

      (2)   Commercial business operations open to the general public such as sale or leasing of aircraft, maintenance operations, chartering, or skydiving are prohibited.

   (I)   The facility, activities, and aircraft operators shall meet all applicable federal and state regulations and licensing requirements.

   (J)   Operation or storage of jet fixed wing aircraft at this facility is prohibited.

(Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to a child care center/nursery school in the A District:

   (A)   The child care center/nursery school shall be operated not for profit within buildings or structures on premises which are owned or leased by an existing, or with final site development plan approval, permitted institutional use and which premises are regularly used by the institutional use, or are located on premises owned or leased by an institutional use adjacent to premises regularly used by the institutional use. Institutional use for the purposes of this section shall be limited to the uses as provided in § 1-19-5.310 Use Table.

   (B)   The minimum size of a child care center/ nursery school shall be determined based on the amount of square footage required under Maryland law.

   (C)   All recreation and open space shall be provided in accordance with state law for outdoor activity area. Play areas provided must be fully fenced.

   (D)   The minimum lot area, lot width, and setback requirements shall be as provided in § 1-19-6.100 for an institutional use, in the Agricultural Zoning District.

   (E)   The maximum number of children in attendance at any one time shall be established by the Board of Appeals based on the following:

      (1)   A maximum of one pupil per 1,000 square feet of lot area.

   (F)   The maximum building floor area devoted to the child care center/nursery school shall be established by the Board of Appeals.

   (G)   The subject property shall have frontage and access on a paved public road.

   (H)   A child care center/nursery school meeting the provisions within § 1-19-8.230.3 shall be considered a permitted accessory use and therefore not subject to this section.

(Ord. 10-04-539, 3-11-2010; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to auto repair body and fender shop in VC Districts.

   (A)   The minimum lot area, lot width, yard setbacks and height, shall be as provided for in the table in § 1-19-6.100.

   (B)   No outdoor work or outdoor storage is permitted.

   (C)   Parking requirements are as established in §§ 1-19-6.200 through 1-19-6.240 of this Code.

   (D)   Petroleum, flammable liquid, 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.

   (E)   Shall comply with § 1-6-50 Wellhead Protection Ordinance at site plan approval.

(Ord. 77-1-78, § 40-72(A-8), 1-24-1977; Ord. 07-16-456, 5-15-2007; Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   A limited agricultural activity shall be permitted in the residential districts where the following provisions are met:

   (A)   The keeping of farm animals in conjunction with a single family residence, on lots less than 3 acres, shall be permitted in residential districts provided that no pens, stalls, or runs will be located closer than 50 feet of any lot line (see also § 1-19-8.240).

   (B)   All criteria in § 1-19-3.210 and all other provisions of this chapter shall be met.

   (C)   The limited agricultural activity shall not cause any odor, dust, smoke, vibration or unreasonable noise which can be detected at or beyond the property line.

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

   The following provisions shall apply to bed and breakfasts in the residential zoning districts.

   (A)   The maximum stay for guests shall not exceed 30 days during a period of 6 months and no 1 visit shall exceed more than 14 consecutive days.

   (B)   Meal service shall be limited to overnight guests only.

   (C)   There shall be no separate kitchen or cooking facilities in any guestroom.

   (D)   The use of amenities, such as a swimming pool, shall be restricted to use by guests of the establishment.

   (E)   Minimum lot size and setbacks shall be as provided in § 1-19-6.100 for a single family dwelling in the district where the use is allowed.

   (F)   Parking shall not be located within required setback areas.

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

   The following provisions shall apply to rustic retreat/camp/outdoor club in RC and A Districts.

   (A)   A minimum 10 acre lot size is required.

   (B)   Rustic retreat/camp/outdoor club with a planned capacity of 100 persons or more must have a minimum of 50 feet of frontage with access on a public road having a minimum pavement width of 20 feet to the nearest paved road. If the planned capacity is under 100 persons, there will be no specific road requirements other than the provisions contained in § 1-19-3.210(B)(5).

   (C)   The project will be designed so that an overall density of 3 persons per acre is not exceeded.

   (D)   Total impervious surface area for buildings and parking shall be limited to 4,000 square feet for every 1 acre of lot area up to a maximum of:

      (1)   3 acres for lots of 100 acres or less; or

      (2)   4 acres for lots between 101 and 250 acres; or

      (3)   5 acres for lots of 251 acres or larger.

   (E)   The requirements for all yards is 50 feet.

   (F)   One freestanding on-premises identification sign no more than 25 square feet in area and subject to a minimum setback of 15 feet is permitted.

   (G)   Parking shall be limited to that number required by zoning ordinance and co-located adjacent to the access drive. 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.

   (H)   Permanent residential occupancy shall be limited to the resident owner, manager, or caretaker.

   (I)   Caretaker residence(s) is permitted as an accessory use to a rustic retreat/camp/outdoor club where a specific plan is presented and approved by the Board of Appeals.

   (J)   Within the RC District:

      (1)   The requirements of § 1-19-7.200 of this Code will be met.

   (K)   Insofar as practical at the time of site development plan review, the landscape shall be preserved in its natural state by:

      (1)   Minimizing tree and soil removal or disturbance;

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

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

      (4)   Reducing visual prominence of proposed structures by building adjacent to woodland edges and not in the center of open space areas on a proposed site;

      (5)   Avoiding building on ridge lines, unless alternative site locations are unavailable and existing forest buffers can be retained to reduce visual impacts;

      (6)   Opening up views only through selective tree and limb removal rather than clear cutting.

(Ord. 77-1-78, § 40-72(A-11), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to child care centers or nursery schools in R-1, R-3, R-5, R-8, and LI Districts.

   (A)   Child care centers or nursery schools which are operated by a nonprofit organization in buildings or structures on premises which are owned or leased by a religious organization and which premises are regularly used as a place of worship, or are located on premises owned or leased by a religious organization adjacent to premises regularly used as a place of worship, or are used for private parochial educational purposes, are a permitted use not requiring grant of special exception approval.

   (B)   Special exception child care center or nursery school requires a minimum lot area of 12,000 square feet with minimum lot width of 100 feet except in the LI District which requires a minimum lot area of 20,000 square feet with a minimum lot width of 200 feet.

   (C)   Yard setback requirement is 25 feet from all property lines except in the LI District which requires a yard setback requirement of 40 feet.

   (D)   The maximum attendance at a child care center or nursery school at any 1 time shall be as follows:

      (1)   One pupil per 1,000 square feet of lot area in R-1, R-3 residential zoning;

      (2)   One pupil per 500 square feet of lot area in R-5, R-8 residential zoning;

      (3)   The minimum size of a child care center or nursery school in the LI District shall be determined based on the amount of square footage required under the State of Maryland Code of Regulations 10.05.01.

   (E)   All recreational and open space shall be in accordance with state regulations. Play areas provided must be fully fenced.

   (F)   The subject property must have frontage and access on a paved public road.

   (G)   In the LI District, the maximum allowable height for a child care center shall be 30 feet.

(Ord. 77-1-78, § 40-72(A-12), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 89-51-582, 8-15-1989; Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to chip and putt golf courses.

   (A)   The minimum lot size shall be 5 acres.

   (B)   A minimum setback of 50 feet shall be established from all property lines. However, the Board of Appeals may increase the setbacks or require additional screening or buffering where deemed appropriate due to the adverse impact on adjacent zoning or uses.

   (C)   The lot must have road frontage on a minimum 20-foot-wide paved public road, and the Board of Appeals must determine that the road system is adequate to serve the site for the intended use.

   (D)   Off-street parking shall be provided at the rate of 2 spaces for each hole plus 1 space for each employee.

   (E)   Only security lighting will be permitted on-site.

   (F)   Signage will be determined in accordance with § 1-19-6.320 (G) of this Code.

   (G)   Reasonable hours of operation will be determined by the Board of Appeals as part of its approval process.

(Ord. 92-22-057, 10-6-1992; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to landscape contractors in the A District.

   (A)   A combined total of no more than 10,000 square feet of principal and accessory structures shall be permitted. When a landscape contractor use operates in conjunction with a retail or wholesale nursery use, all square footage provisions are calculated separately.

   (B)   Total impervious surface area for parking and storage of equipment exterior to any structures shall be limited to 40,000 square feet. When a landscape contractor use operates in conjunction with a retail or wholesale nursery use, all square footage provisions are calculated separately.

   (C)   Lot size, setback and height requirements are the same as other natural resource uses.

   (D)   The parking requirements of §§ 1-19-6.200 through 1-19-6.230 of this Code will be met; however, no parking area is permitted within the required yard setback.

   (E)   Any proposed exterior lighting will be reviewed and approved by the Board of Appeals. Such lighting will not cause glare onto adjacent properties.

   (F)   One freestanding sign no more than:

      (1)   Fifteen feet in height;

      (2)   Twenty-five square feet in area per face;

      (3)   Fifty square-feet total face area is permitted, subject to the normal setback requirement for natural resource uses.

   (G)   The subject property must have frontage and access on a paved public road, with a minimum pavement width of 20 feet and have access to at least a collector roadway as designated on the County Comprehensive Plan which shall be built to said classification requirements or shall be within ½ mile of at least an arterial designated roadway.

   (H)   Petroleum, flammable liquid, 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.

   (I)   Shall comply with § 1-6-50 Wellhead Protection Ordinance at site plan approval.

   (J)   All equipment and materials shall be screened from adjacent properties and public roads with plantings of evergreens, at least 5 feet in height, or a fence of equal height.

   (K)   A vehicle circulation plan shall be submitted indicating adequate turn radius is provided both to and from the subject property as well as for vehicle movement within the site for all proposed vehicle and equipment being used.

(Ord. 77-1-78, § 40-72(A-1), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 95-02-126, 3-2-1995; Ord. 07-16-456, 5-15-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to communication towers in RC and A Districts.

   (A)   The tower height may exceed the maximum height permitted within the RC and A Districts after a determination by the approving body that its visual profile and appearance would make no substantial change in the character of the area, provided, however, that in no event shall the maximum allowed tower height exceed 199 feet.

   (B)   All applications for a special exception shall include:

      (1)   Computer modeling information used in selecting the site;

      (2)   Listing of alternative sites considered and why not selected;

      (3)   Photographs of the existing conditions of the site and area;

      (4)   Photo documentation that a balloon test has taken place at the proposed site location.

   (C)   All applications for a tower shall be accompanied by a non-binding 5 year plan of the applicant or the locating provider, showing the existing and proposed communications network within the county.

   (D)   A NEPA (National Environmental Policy Act) checklist prepared in accordance with section 106 of NEPA shall be provided as part of all applications.

   (E)   The applicant must publicize the proposal, using a block advertisement of a size acceptable to staff, which includes a map showing the site and a 1 mile radius and must hold an informational meeting in the area of the tower within 2 weeks after submitting the application. Written notice of such meeting shall be provided to all abutting property owners of the property on which the site is located and any homeowners/community associations within the 1 mile radius.

   (F)   Setbacks for communications towers shall be as follows: setback from all property lines shall be a distance not less than 1 foot for every foot of tower height, but in no case less than 300 feet from any adjoining residential structure. This setback distance may be modified by the Board of Appeals.

   (G)   The zoning certificate issued for a special exception shall be valid for a period of 5 years from the date that the decision of the Board of Appeals is signed. This zoning certificate shall be renewed for additional 5 year periods after review by the Board of Appeals at a regular meeting. The following are the only grounds on which renewal of a certificate may be denied.

      (1)   The permittee has failed to comply with the conditions of the special exception approval.

      (2)   The facility has not been maintained in a safe condition.

      (3)   The Board of Appeals determines that the use of the tower for wireless communications has ceased for a period of 6 months.

   (H)   All special exception approvals must also comply with the requirements of § 1-19-8.420.2.

(Ord. 77-1-78, § 40-72(A-16), 1-24-1977; Ord. 95-02-126, 3-2-1995; Ord. 99-14-241, 11-23-1999; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to country inns in RC and A Districts.

   (A)   The minimum lot size will be 1 acre with minimum setbacks being the same as that required for a single-family dwelling in an A District.

   (B)   No parking will be permitted within the required setback areas.

   (C)   The property will have frontage and access on a paved public road.

   (D)   They shall be located only within a structure that exists on January 24, 1977. Conversion of existing structures may include the expansion of such structures; however, the existing external appearance of the structure must be maintained although it may be upgraded, repaired or expanded.

   (E)   One freestanding sign no more than 15 feet in height and 25 square feet in area is permitted and shall be subject to the normal setback requirement for natural resources uses.

   (F)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

(Ord. 77-1-78, § 40-72(A-17), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to farm equipment sales or service, feed or grain mills in the A District or agricultural products processing in A and RC Districts.

   (A)   The minimum lot size setbacks and height are the same as required for natural resource uses.

   (B)   The subject property must have frontage and access on a paved public road.

   (C)   One freestanding sign is permitted and will be no more than 15 feet in height and 25 square feet in area and subject to the normal setback requirement for natural resource uses.

   (D)   The parking requirements of §§ 1-19-6.200 through 1-19-6.230 of this Code shall be met, except that parking areas will be permitted within the setback areas.

   (E)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

   (F)   Petroleum, flammable liquid, 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.

   (G)   Shall comply with § 1-6-50 Wellhead Protection Ordinance at site plan approval.

   (H)   The following provisions shall apply to farm equipment sales or service in the A District:

      (1)   Parking shall not be located within required setback areas.

      (2)   Parking areas shall be screened from adjacent residential uses or residential zoning districts with plantings of evergreens, at least 5 feet in height, or a fence of equal height provided to screen the parking area.

      (3)   The property must have frontage and access on an arterial roadway as designated in the County Comprehensive Plan and built to said classification requirements.

(Ord. 77-1-78, § 40-72(A-6), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 95-02-126, 3-2-1995; Ord. 07-16-456, 5-15-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to a nongovernmental electric substation in the LI or GI district.

   (A)   An application for a nongovernmental electric substation in the LI or GI district shall include the following:

      (1)   A statement and full explanation of why the proposed nongovernmental electric substation is necessary and how the facility conforms to a long-range plan for expansion of service to Frederick County, if a long-range plan exists, and how it will serve the public need for adequate, reliable, and economic service.

      (2)   A vicinity map of appropriate scale depicting the tract of land proposed for nongovernmental electric substation development including surrounding properties and streets.

      (3)   Information indicating the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property.

      (4)   A description of the potential environmental and ecological (including water, air, wildlife, and vegetation) effect of the proposed nongovernmental electric substation on properties in the vicinity of the proposed development.

      (5)   A description of the potential effect of the proposed nongovernmental electric substation on the scenic, historic and recreational values and residential property values, of properties in the vicinity of the proposed development.

      (6)   An assessment of the impact from any electromagnetic fields to be produced by the proposed development.

      (7)   An assessment of safety and reliability information including planned provisions for emergency operations and shutdowns.

      (8)   Information as to how the applicant proposes to address the visual impact of the nongovernmental electric substation on neighboring county designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, designated heritage areas, historic sites and sites eligible for designation.

      (9)   A description of methods to be utilized to mitigate any negative waste disposal, air quality, visual or noise impacts associated with the development or operation of the nongovernmental electric substation.

      (10)   Photographs of the existing conditions of the site and area.

      (11)   Photo-documentation that a balloon test has taken place at the proposed site location.

      (12)   All applications for a nongovernmental electric substation before the Board of Appeals shall be forwarded to the Historic Preservation Commission for review and comment regarding the project's impacts on any historic district, registered historic property, parks, designated heritage area, and other historic or cultural resource.

   (B)   The following provisions shall apply to development of a nongovernmental electric substation in the LI and GI districts:

      (1)   The minimum setback from all property lines is 50 feet, except as provided in (C) below.

      (2)   Structures and parking are not permitted within the setback area.

      (3)   Screening, landscaping, and fencing of the nongovernmental electric substation shall be provided as required by the Board of Appeals.

      (4)   The Board of Appeals may approve an increase in the maximum height established in § 1-19-6.100, where the increased height does not have an adverse impact on properties in the vicinity of the proposed nongovernmental electric substation.

   (C)   The Board of Appeals may, in addition to other requirements imposed under this chapter and is hereby authorized to add to the specific requirements any additional conditions that it may deem necessary to protect adjacent properties, the general neighborhood, and its residents or workers. In accordance with this authority: where properties within the 1,000-foot radius are residentially zoned or contain residential land uses, the Board of Appeals may increase the minimum required setback to minimize adverse effects of the project on the surrounding residential properties.

   (D)   When approving a nongovernmental electric substation, the Board of Appeals may authorize future changes not requiring further Board of Appeals approval within a 10 year period of the initial special exception approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Board of Appeals. The site plan must show initially proposed and future buildings and structures as reasonably expected within 20 years or the foreseeable future.

   (E)   A reasonable effort shall be made by the applicant to contact and inform area homeowner associations and community associations of the proposed use together with an informational meeting.

(Ord. 12-23-618, 9-6-2012; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to commercial kennels, animal hospitals or veterinary clinics in the A and VC Districts.

   (A)   The minimum lot area, lot width, yard setbacks and height, shall be as provided for in the table in § 1-19-6.100.

   (B)   Operations will be conducted within a completely enclosed building, no outside runs or kennels are permitted, except in the A District, and then subject to a 150 foot minimum setback from all property lines.

   (C)   In the A District, the maximum number of animals permitted shall be 100.

   (D)   In the A District, one freestanding sign no more than 15 feet in height and 25 square feet in area is permitted and shall be subject to the normal setback requirement for natural resources uses.

   (E)   The subject property must have frontage and access on a paved public road.

   (F)   Animal incinerators are permitted as an accessory use to an animal hospital or veterinary clinic in the agricultural district only, and subject to the following additional requirements:

      (1)   An animal incinerator shall be located only on a lot with a minimum lot size of 5 acres where an animal hospital or veterinary clinic exists.

      (2)   The minimum setback from any property line for an animal incinerator use shall be 50 feet.

      (3)   The property must have frontage and access on a paved public road, with a minimum pavement width of 20 feet and minimum classification of collector, as shown on the County Comprehensive Plan.

      (4)   An animal incinerator must comply with all applicable state and federal regulations, including licensing requirements.

(Ord. 77-1-78, § 40-72(A-9), 1-24-1977; Ord. 80-24-176, 8-26-1980; Ord. 82-19-263, 9-7-1982; Ord. 95-02-126, 3-2-1995; Ord. 07-32-472, 7-17-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to a nongovernmental utility in RC, A, R-1, R-3, R-5, R-8, R-12, R-16 and VC Districts.

   (A)   Minimum setback from all property lines is 50 feet. Structures, fencing or parking are not permitted within the setback area.

   (B)   Screening and landscaping is required as approved by the Board of Appeals.

   (C)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

   (D)   When permitted in any residential district, a nongovernmental utility shall have the exterior appearance of residential buildings and shall have suitable landscaping, screen planting and fencing, deemed necessary by the Board of Appeals.

   (E)   Provide information to indicate the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property.

   (F)   When approving a nongovernmental utility use, the Board of Appeals may authorize future changes not requiring further Board of Appeals approval within a 10 year period of the initial special exception approval. Such changes shall be limited to the addition, relocation, or modification of foundations or equipment, or additions to existing buildings, within a fence line approved by the Board of Appeals. The site plan must show initially proposed and future buildings and structures as reasonably expected within 20 years or the foreseeable future.

   (G)   A reasonable effort shall be made by the applicant to contact and inform area homeowner associations and community associations of the proposed use together with an informational meeting.

   (H)   Tests to determine mitigation requirements. In the event the Board determines to grant the special exception, the Board shall consider the following areas to determine the extent that impact mitigation measures will be required.

      (1)   The Board shall make findings that the proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.

      (2)   The Board shall make findings regarding adverse effects of the project on the character of the surrounding area including impacts from sound, light, visual appearance, impervious surfaces, traffic impacts, and on forest and wildlife impacts.

      (3)   All applications for nongovernmental utilities before the Board shall be forwarded to the Historic Preservation Commission for review and comment. The Board shall consider comments from the Historic Preservation Commission and shall make findings regarding the project's impacts on any historic district, registered historic property, parks, designated heritage area, and other historic or cultural resource. When there is a finding of negative impact based upon evaluation of the above, the Board shall to the maximum extent practicable require mitigation. Required mitigation may include the construction of fences, barriers, mandatory setbacks, the surfacing of access drives, shielding of lighting, or the establishment of buffers, vegetative screening, or landscaping.

   (I)   All applications shall include information as to how the applicant has addressed the visual impact of the nongovernmental utility on neighboring county designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, designated heritage areas, historic sites and sites eligible for designation.

   (J)   Provide photographs of the existing conditions of the site and area.

   (K)   Provide photo-documentation that a balloon test has taken place at the proposed site location (for substations only).

(Ord. 77-1-78, § 40-72(A-13), 1-24-1977; Ord. 95-02-126, 3-2-1995; Ord. 00-28-270, 9-7-2000; Ord. 08-26-502, 10-14-2008; Ord. 12-23-618, 9-6-2012; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to civic community center and civic service club in the A District, and place of worship in the RC District.

   (A)   The minimum lot area, lot width, yard setbacks and height shall be as provided for institutional uses in the table in § 1-19-6.100.

   (B)   The parking requirements of §§ 1-19-6.200 through 1-19-6.240 of this Code shall be met except that parking areas will not be permitted within the setback areas.

   (C)   Parking shall be limited to that number 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 engineering, or other documentation as approved by the Planning Commission. Parking spaces approved beyond that number required by zoning ordinance shall be constructed of pervious materials.

   (D)   The subject property must have frontage and access on a public road with a minimum pavement width of 20 feet

   (E)   At the time of application a statement identifying all accessory uses including hours of operation, frequency of activity, and average number in attendance shall be submitted for review and approval by the Zoning Administrator.

   (F)   Uses determined by the Zoning Administrator not to be a customarily incidental accessory to a place of worship shall only be established where:

      (1)   The proposed use is allowed in the Resource Conservation Zoning District as delineated in § 1-19-5.310; and

      (2)   Approval is received through the process provided for the proposed use in the Resource Conservation Zoning District in § 1-19-5.310.

   (G)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

(Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to private schools.

   (A)   The minimum lot size and setbacks will be the same as normally required for institutional uses.

   (B)   The lot must have frontage and access on a public road with a minimum pavement width of 20 feet to the nearest paved road.

   (C)   The maximum attendance (number of students physically present at any 1 time) may not exceed 1 student per 970 square feet of lot area, except in the LI District where there shall be no maximum attendance limitation.

(Ord. 77-1-78, § 40-72(A-15), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 83-15-282, 6-7-1983; Ord. 95-02-126, 3-2-1995; Ord. 96-26-178, 12-17-1996; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to professional offices in R-5, R-8, R-12 and R-16 Districts.

   (A)   They will be located only within end units of townhouse structures or the lowest residential floor of multifamily structures.

   (B)   Professional office parking spaces in addition to those required for the dwelling units, will meet the requirements of §§ 1-19-6.200 through 1-19-6.240 of this Code unless the operating hours are limited to 9:00 a.m. to 4:00 p.m.

   (C)   No retail or wholesale trade sold or stored on the premises.

   (D)   No more than 3 persons engaged in the operation of the office.

   (E)   The professional office may display 1 exterior identification sign, attached flat against the structure and no more than 4 square feet. Freestanding signs are not permitted, however, interior identification signs are permitted.

(Ord. 77-1-78, § 40-72(A-8), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   A recreational vehicle storage facility shall be permitted in the Agricultural Zoning District where the following provisions are met:

   (A)   A recreational vehicle storage facility shall be permitted only on a parcel that is adjacent to or adjoining a parcel on which a conforming recreational vehicle sales and service center is located. For the purposes of this subsection, a property separated from a recreational vehicle sales and service center by a transportation or utility right-of-way (whether fee simple estate or lesser interest in realty) is deemed to be adjacent along the length of such right-of-way.

   (B)   No structure for the storage of recreational vehicles is permitted.

   (C)   No recreational vehicle sales are permitted on the parcel containing the recreational vehicle storage facility.

   (D)   The storage facility may include one accessory building for the purpose of maintenance of recreational vehicles stored on-site. The building shall not exceed 5,000 square feet to accommodate the maintenance of stored recreational vehicles, related offices, and equipment.

   (E)   Maintenance activities (including all equipment and supplies) shall be conducted within a structure enclosed on at least 3 sides and screened from public view on the fourth side, unless enclosed.

   (F)   Maintenance activities shall be conducted at least 100 feet from any residential dwelling on adjacent properties. All other activities shall maintain a minimum setback of 50' from all property lines. All structures shall be setback a minimum of 50' from all property lines.

   (G)   Structures, parking, and recreational vehicles shall not be located within the setback areas.

   (H)   A maximum height of 30'.

   (I)   A vehicle circulation plan shall be submitted indicating adequate turn radius is provided both to and from the subject property as well as for vehicle movement within the site for all proposed vehicles and equipment being used.

   (J)   The Board of Appeals may increase the minimum landscaping, buffering, and screening as provided in § 1-19-6.400, to minimize the adverse effects of the project on surrounding properties.

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

   (L)   The use shall comply with § 1-6-50 (Wellhead Protection Ordinance) of the Frederick County Code at the time of site development plan approval.

(Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)

   (A)   The minimum area for a parcel to be granted the exception will be 25 acres.

   (B)   The maximum duration for each event shall be 3 consecutive calendar days, with hours per event to be determined by the Board of Appeals.

   (C)   The number of events per year shall be established by the Board of Appeals, but shall not exceed 25 per calendar year.

   (D)   The event may use artificial lighting during hours specified in the Board's approval.

   (E)   One freestanding sign will be permitted on site for the rodeo facility. Such sign shall not exceed 25 square feet in size or 15 feet in height.

   (F)   The event may include concessions for food, drinks, and souvenirs at the applicant's option.

   (G)   All setbacks shall be a minimum of 50 feet except when the use is adjacent to a residential use property where the minimum setback from the residential use property line shall be 150 feet.

   (H)   No parking will be permitted within the setback area.

   (I)   The property shall have frontage on and access to a paved road having a minimum pavement width of 20 feet and minimum classification as an arterial roadway on the County Comprehensive Plan.

   (J)   The Board of Appeals shall have authority to establish reasonable hours of operation.

(Ord. 97-17-195, 12-2-1997; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to school bus parking facilities in the RC, A, and VC Districts.

   (A)   A maximum of 5 school buses can be parked on the site.

   (B)   All school buses parked or stored outside of a structure shall be screened from adjacent properties and roads with plantings of evergreens, at least 5 feet high, or a fence of equal height.

   (C)   No school buses shall be parked or stored within the setback requirements of 40 feet front yard, 50 feet side yard, and 50 feet rear yard.

   (D)   Adequate parking shall be provided on site for school buses and drivers.

   (E)   The driveway or access to the school bus parking area shall be paved by concrete, asphalt or stone surface.

   (F)   Only minor repairs to the provider's own school buses shall be permitted. In no case shall body work, engine rebuilding, engine reconditioning or collision services be permitted.

   (G)   A maximum of 550 gallons of fuel may be stored on the site, if approved by the Board of Appeals, upon compliance with all applicable environmental regulations and such fuel storage shall be set back a minimum of 50 feet from all property lines.

   (H)   Shall comply with § 1-6-50 Wellhead Protection Ordinance at site development plan review.

(Ord. 95-28-152, 12-5-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to sawmill operations requiring special exception approval in the A and RC Districts.

   (A)   A minimum lot size of 10 acres.

   (B)   Building setback shall be a minimum of 150 feet from property line.

    (C)   The holder of the special exception must maintain all applicable valid federal, state and local permits.

   (D)   Conditions may be established regulating the operation of the use, including, but not limited to, routing of trucks, total number of trucks, hours of operations, volume of operation and dust control. Parking and maintenance of trucks and other equipment and activities accessory to the operations must be included within the application and will be subject to all conditions established by the Board.

   (E)   The use shall comply with all applicable noise, dust, and other pollutant standards set forth by federal, state and local regulations and at a minimum shall comply with § 1-19-7.610 as it applies to the Limited Industrial (LI) District.

   (F)   The site shall have access to a collector or arterial roadway as designated on the County Comprehensive Plan and shall be built to said classification requirements.

   (G)   The site shall have a minimum of 80 feet of road frontage. Access to a site via a panhandle is prohibited.

   (H)   No zoning certificate will be issued by the Zoning Administrator until all applicable permits have been reviewed by the appropriate federal, state and local agencies and with the understanding that the issuance of the corresponding permits is only dependent upon the county issuance of the zoning certificate.

   (I)   The use and zoning shall correspond to the County Comprehensive Plan designation.

   (J)   Petroleum, flammable liquid, 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.

   (K)   The use shall comply with § 1-6-50 (Wellhead Protection Ordinance) at site plan development review.

   (L)   One freestanding sign of no more than 15 feet in height and 25 square feet in area is permitted and shall be subject to the normal setback requirement for natural resource uses.

(Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to solid waste operations requiring special exception approval in Agricultural and General Industrial Districts.

   (A)   Minimum lot area, 10 acres.

   (B)   Building setback shall be 150 feet from property line.

   (C)   The holder of the special exception must maintain all applicable valid federal, state and local permits.

   (D)   Conditions may be established regulating the operation of the use, including, but not limited to, routing of trucks, total number of trucks, hours of operations, volume of operation and dust control. Parking and maintenance of trucks and other equipment and activities accessory to the operations must be included within the application and will be subject to all conditions established by the Board.

   (E)   The use shall comply with all applicable noise, dust, and other pollutant standards set forth by federal, state and local regulations and at a minimum in the Agricultural District shall comply with § 1-19-7.610 as it applies to the Limited Industrial (LI) District.

   (F)   The site shall have access to a collector or arterial roadway as designated on the Comprehensive Plan and shall be built to said classification requirements.

   (G)   The site shall have a minimum of 80 feet of road frontage. Access to a site via a panhandle is prohibited.

   (H)   No zoning certificate will be issued by the Zoning Administrator until all applicable permits have been reviewed by the appropriate federal, state and local agencies and with the understanding that the issuance of the corresponding permits is only dependent upon the county issuance of the zoning certificate.

   (I)   The use and zoning shall correspond to the Comprehensive Plan designation.

   (J)   Petroleum, flammable liquid, 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.

   (K)   Shall comply with § 1-6-50 (Wellhead Protection Ordinance) at site plan approval.

(Ord. 91-32-032, 11-19-1991; 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 spring water harvesting uses in the RC District.

   (A)   The minimum lot area, lot width, yard setbacks and height shall be as provided for natural resource uses in the table in § 1-19-6.100.

   (B)   Operations will be conducted within a completely enclosed building, subject to a 150 foot minimum setback from all property lines.

   (C)   An engineer certified hydro-geologic study must be provided to assess the impact of the operation on the groundwater resources of all properties within 2,000 feet of the subject site.

   (D)   The subject property must have frontage and access on a paved public road suitable for the amount and type of vehicle traffic proposed. Spring water harvesting of less than 10,000 gallons per day does not need frontage to a paved road, but if an easement is used, agreement from the grantor or users of the easement must be obtained prior to approval, and operations shall be limited to straight chassis trucks of a gross vehicle weight not exceeding 66,000 pounds and a maximum of 3 loads per day.

   (E)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

   (F)   One freestanding sign is permitted and will be no more than 15 feet in height and 25 square feet in area and subject to the normal setback requirement for natural resource uses.

(Ord. 95-02-126, 3-2-1995; Ord. 97-08-186, 5-22-1997; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply where it is proposed to store flammable liquids in excess of 60,000 gallons in the General Commercial and Highway Service Districts.

   (A)   The minimum lot size shall be 40,000 square feet.

   (B)   The flammable liquids may be stored above or under ground.

   (C)   The storage shall be located a minimum of 100 feet from any well when underground or as provided in § 1-6-50 (Wellhead Protection Ordinance), whichever is greater.

   (D)   That the containers shall comply with the setback requirements of § 1-19-7.610(J)(4).

   (E)   Shall be governed by the International Building Code 2003 as amended concerning storage tanks, and the National Fire Protection Association 30 as amended.

   (F)   Flammable liquid 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.

   (G)   Shall comply with § 1-6-50 (Wellhead Protection Ordinance) at site plan approval.

(Ord. 83-14-281, 6-7-1983; 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 tennis clubs in R-3, R-5, R-8, R-12 and R-16 Districts.

   (A)   No minimum lot size is required and setbacks are as follows.

      (1)   Front yard, same as for a single-family dwelling in the district in which the club is located.

      (2)   Rear yard, 25 feet.

      (3)   Side yard, equal to height of building; if no building exists, the side yard is 15 feet.

   (B)   No parking is permitted within required setback areas.

   (C)   Signs will be attached flat against the building. Sign size will be limited to no more than 25 square feet on each face of the building. If there is no building, then 1 freestanding sign no more than 10 feet in height, 16 square feet in total area and subject to a 15 foot setback requirement will be permitted.

   (D)   All lighting will be directed away from or screened from adjoining properties.

(Ord. 77-1-78, § 40-72(A-10), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to tent campgrounds in A and RC Districts.

   (A)   A minimum lot size of 10 acres.

   (B)   Travel trailer or other residential vehicle is not permitted.

   (C)   The only permitted permanent structure for residential occupancy will be occupied by the resident owner or manager.

   (D)   The subject property must have frontage on and access to a paved public road.

   (E)   Density will be no more than 1 camp site per acre.

   (F)   One freestanding off-premise sign is permitted on each access road, the sign will be no more than 25 square feet in area, 15 feet in height, and will not be located on or in a public right-of-way.

   (G)   Parking shall be limited to that number required by zoning ordinance and co-located adjacent to the access drive. 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.

   (H)   Within the RC District, the requirement of § 1-19-7.200 of this Code shall be met.

   (I)   Insofar as practical at the time of site development plan review, the landscape shall be preserved in its natural state by:

      (1)   Minimizing tree and soil removal or disturbance;

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

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

      (4)   Reducing visual prominence of proposed structures by building adjacent to woodland edges and not in the center of open space areas on a proposed site;

      (5)   Avoiding building on ridge lines, unless alternative site locations are unavailable and existing forest buffers can be retained to reduce visual impacts;

      (6)   Opening up views only through selective tree and limb removal rather than clear cutting.

(Ord. 77-1-78, § 40-72(A-3), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to shooting range/club - trap, skeet, rifle, archery in the RC and A Districts.

   (A)   Indoor shooting ranges and structures associated with shooting ranges shall be located at least 250 feet from all property lines and public ways and 450 feet from occupied structures. Permanent structures shall be limited to those customarily associated with the principal use of the property as a shooting range.

   (B)   The setback of all structures not used for shooting ranges shall comply with the setbacks for principal structures in the districts in which they are located.

   (C)   The property must have a minimum of 20 feet frontage on a public road or adequate easement to be determined by the Board of Appeals.

   (D)   Shooting range/club - trap, skeet, rifle, archery with a planned capacity of 100 persons or more must have frontage and access on a paved public road. If the planned capacity is under 100 persons, there will be no specific road requirements other than the provision contained in § 1-19-3.210(B)(5).

   (E)   A site development plan shall be submitted to and approved by the Planning Commission.

   (F)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

   (G)   Outdoor discharging of firearms or release of arrows shall not be permitted within 500 feet of any property line.

   (H)   Shooting ranges shall be constructed to eliminate danger to persons or property from flying projectiles. The area between the firing point and target shall be baffled, fenced, or otherwise shielded so that the fired projectiles cannot escape the range area. Safety design should be in accordance with accepted standards and practices.

   (I)   Shooting ranges shall practice lead containment/collection of projectiles with best management practices for the individual site in accordance with nationally accepted standards to maximize containment.

   (J)    The minimum lot size shall be 10 acres.

   (K)   The facility shall be designed so that topographic features of the site are used to enhance safety, minimize firearm noise, and maximize lead containment.

   (L)   Manner and times of operation shall be approved by the Board of Appeals.

   (M)   One freestanding sign no more than 15 feet in height and 25 square feet in area is permitted and shall be subject to the normal setback requirement for natural resources uses.

(Ord. 77-1-78, § 40-72(A-13), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-6-338, 1-8-85; Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to a facility for functions under § 1-19-8.600.

   (A)   A property which has been listed on the Frederick County Register of Historic Places may apply for a special exception under this section.

   (B)   The minimum lot size and setbacks shall be as follows:

 

   (D)   The maximum height shall be the height of the existing primary historic structure, or as otherwise determined by the Historic Preservation Commission. For new structures to be built on the historic site, or additions to a historic structure, the maximum height shall be determined by the Historic Preservation Committee, but in no event shall the height exceed 10% more than the height of the primary historic structure on the site.

   (E)   Parking will not be permitted within the required setback areas.

   (F)   (1)   In the VC District, all events shall occur only within the existing historic structure, which must be currently listed on the Frederick County Register of Historic Places. Conversion of existing historic structures or sites may include the expansion of structures or alterations to the historic site. However, the existing external appearance of a historic structure must be maintained, although it may be upgraded, repaired, or expanded with approval of the Historic Preservation Commission as provided in Chapter 1-23 of this Code. New structures that are proposed to be erected on the historic site must receive approval of the Historic Preservation Commission as well as all other approvals required under this chapter.

      (2)   In all other zoning districts, the events shall occur only in an existing historic structure or at a designated historic site, each of which must be currently listed on the Frederick County Register of Historic Places. Conversion of existing historic structures or sites may include the expansion of structures or alterations to the historic site. However, the existing external appearance of a historic structure must be maintained, although it may be upgraded, repaired, or expanded with approval of the Historic Preservation Commission as provided in Chapter 1-23 of this Code. New structures that are proposed to be erected on the historic site must receive approval of the Historic Preservation Commission as well as all other approvals required under this chapter.

   (G)   Each event may begin no earlier than 10:00 a.m. and end no later than 10:00 p.m. The hours of operation may be further reduced if determined necessary to protect nearby properties from noise, light, or other disturbances. This determination will be based on the site and neighborhood characteristics, such as distance between the activities and the property lines, proximity to neighboring homes, topography, existing and proposed screening, and other aspects that may increase or decrease the potential impacts to the neighborhood.

   (H)   The location where music will be played and the time by which music must end shall be identified in the application. Music shall not exceed 40 decibels as measured at the property lines. Outdoor music may be prohibited when it is determined to be detrimental to nearby property owners. Indoor music may be restricted or prohibited where sound is not adequately contained within the walls of the structure and impacts adjoining properties.

   (I)   The maximum number and location(s) of potential tents must be identified in the application. Audible and visual impacts to adjoining properties and the neighborhood shall be considered in determining if the number and location of the tent(s) are appropriate and where outdoor activities may occur.

   (J)   A traffic management plan shall be provided by the applicant that demonstrates how vehicles will safely enter and exit the site during the peak hours of operation with minimal interruption to the traffic flow on the public street.

   (K)   The owner of the property must enter into a Facility for Functions Memorandum of Understanding (Facility MOU) with the County, which shall be negotiated with Division staff and approved by the Zoning Administrator based on the Board of Appeals' conditions of approval of the special exception, prior to making application for site plan approval. The Facility MOU must include:

      (1)   A statement that the owner agrees to comply with any limitations and conditions of approval established by the Board of Appeals and agrees to comply with all of the requirements for establishing the use as outlined under subsection (O) below.

      (2)   An acknowledgment by the owner that failure to comply with the provisions of the Facility MOU at any time, whether prior to or after the establishment of the use, will be a violation of Chapter 1-19 of the County Code and that enforcement action may be taken by the County in accordance with § 1-19-2.110 and § 1-19-2.210 through § 1-19-2.230.

      (3)   An agreement by the owner to notify the Zoning Administrator prior to the sale or transfer of the property.

      (4)   A condition stating that, if a facility for functions changes ownership, the new owner will enter into a Facility MOU in accordance with subsection (K) prior to engaging in any facilities for functions activities, and apply for and receive an occupancy permit.

      (5)   A statement that the owner agrees to work with the Zoning Administrator to resolve noise, light, and traffic related complains that are received by the County from neighboring property owners.

   (L)   All exterior changes to the structures and/or site must be approved by the Historic Preservation Commission.

   (M)   One freestanding sign no more than 15 feet in height and 25 square feet in area is permitted and shall be subject to the normal setback requirement in the zoning district.

   (N)   Within the RC District, the requirements of § 1-19-7.200 of this Code will be met.

   (O)   After a special exception and Facility MOU has been approved under this section the following requirements must be satisfied prior to establishing the use:

      (1)   A site development plan application must be filed with the County;

      (2)   The site plan must be reviewed by the Historic Preservation Commission;

      (3)   Any proposed alterations to the exterior of structures or the site must receive approval from the Historic Preservation Commission in accordance with Chapter 1-23 of the County Code;

      (4)   The Planning Commission will review and approve the site plan if it meets the requirements under this chapter; and

      (5)   The use may be established on the property only after site development plan approval from the Historic Preservation Commission and the Planning Commission, and after all necessary Certificates of Appropriateness and permits have been applied for, approved, and a Certificate of Occupancy issued.

(Bill No. 22-12, 7-26-2022)

   The establishment of new asphalt plants (also commonly referred to as blacktop, bituminous concrete or asphaltic concrete) in the General Industrial District shall be permitted only if:

   (A)   The stack of the plant is set back a minimum of 750 feet from any property not zoned GI or LI. Setback of stack from property zoned GI or LI shall be not less than 50 feet; however, when the stack height exceeds 50 feet, then the setback on all sides shall be equal to or greater than the height of the stack;

   (B)   Outdoor storage will be permitted. Storage items adjacent to areas not zoned GI or LI shall not be stacked higher than the height of the berming and landscaping;

   (C)   All on-site areas regularly traveled by vehicles and not occupied by the plant, stockpiles or landscaping shall be paved;

   (D)   The facility shall conform with all applicable performance standards for industrial districts set forth in this chapter, including, but not limited to § 1-19-7.610 and all applicable state and federal requirements.

(Ord. 94-17-112, 8-2-1994; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following design criteria shall apply to a Solar Facility, commercial in the LI or GI districts.

   (A)   All applications shall include justification from the applicant as to why the site was selected and a glint and glare analysis of the proposed solar facility identifying the angle and height of reflection and the impacts upon nearby properties, roadways and airports.

   (B)   The appearance and visual impact of the solar facility shall be minimized by the use of screening.

   (C)   The applicant must comply with all applicable federal and state regulations, including but not limited to obtaining a certificate of public convenience and necessity from the Public Service Commission if required, and in the removal and disposal of the solar facility and all of its components.

   (D)   All solar facilities and panel disconnects must be mapped and registered with the Frederick County Division of Fire and Rescue Services.

   (E)   If for a period of 6 months, the solar facility ceases to generate electricity or is disconnected from the electric grid, the approval will terminate. The property owner shall remove the solar facility within 90 days after termination. The property owner shall ensure the solar facility removal and disposal by posting an acceptable monetary guarantee with the County on forms provided by the office of the Zoning Administrator. The guarantee shall be for an amount equal to a cost estimate approved by the Zoning Administrator for the removal and disposal of the solar facility, plus a 15% contingency. If a guarantee for the cost of removal and disposal of the solar facility is required by and provided to a state entity, the Zoning Administrator may accept documentation of the posting of the guarantee with the state entity as satisfaction of this requirement.

(Bill No. 17-07, 5-16-2017)

   The following provisions apply to critical digital infrastructure facilities.

      (1)   Buildings must be predominantly designed and constructed to include finishes and materials of consistent quality and design on all sides. All building facades that are in public view must avoid the use of undifferentiated facades and long, plain wall sections by including a combination of the following design elements: change in building height, building step-backs or recesses, windows, doors, changes in building material, patterns, textures, colors, or use of accent materials. Architectural renderings or plans must be submitted as part of the site development plan application for approval by staff and the Planning Commission to assure that the appearance, type of building materials, or other aspects of the building are consistent with the purposes and intent of the critical digital infrastructure design requirements.

      (2)   Visual impacts of the critical digital infrastructure on designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, designated heritage areas, historic sites, and sites eligible for historic designation, must be avoided or minimized to the maximum extent practicable. A viewshed analysis must be submitted as part of the site development plan application for approval by staff and the Planning Commission to assure that visual impacts are avoided or minimized to the maximum extent practicable through such means as building placement, building materials, landscaping, and screening.

      (3)   Building entrances must be designed and oriented in terms of their relationship to the human scale and must reflect this relationship through the inclusion of human-scaled architectural elements.

      (4)   Refuse and recycling dumpsters, service doors, and mechanical equipment must face away from roadways, pedestrian routes, and public areas.

      (5)   In order to minimize visibility from adjacent roads and adjacent properties, ground level and roof top mechanical and electrical equipment, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations of the infrastructure must be screened. This screening may be provided by a principal building. Mechanical and electrical equipment not screened by a principal building must be screened by a visually opaque fence, screen wall or panel, parapet wall, or other visually opaque screen that must be constructed of materials compatible with those used in the exterior architectural finishes of the principal building.

      (6)   Staff shall refer site plans to the Architectural Review Committee, if the committee exists in good standing, for review prior to the site plan being scheduled for Planning Commission. The recommendations of the Architectural Review Committee may be considered by the Planning Commission.

      (7)   In addition to meeting the requirements of § 1-19-6.400, the following landscaping, screening, and buffering requirements must be met.

         (a)   Front yard(s) abutting a roadway must include a landscaped buffer.

         (b)   Except where adjoining a critical digital infrastructure use, side and rear yards must include a landscaped buffer.

         (c)   A landscaped buffer must include a four-season visual screen resulting in multi-layered, staggered rows of overstory and understory trees and shrubs that are a mix of evergreen and deciduous vegetation, with an emphasis on species that are native to Frederick County.

         (d)   The minimum height of overstory trees within a landscape screen or buffer at planting must be a minimum of 6 feet with a minimum caliper of 2 inches. The minimum height of understory trees and shrubs at the time of planting must be 3 gallon or larger. Trees and shrubs larger than the minimum sizes listed above will be required where the minimum planting sizes will not provide adequate screening or buffering within 2 years. Vegetation used to establish a visual screen shall not be trimmed so as to stunt upward and outward growth or to otherwise limit the effectiveness of the visual screen.

         (e)   A berm, wall, or fence may be used in combination with vegetation to satisfy the screening requirement where deemed appropriate by County Staff and the Planning Commission. Walls and fences must be made of quality materials and enhance rather than detract from the beautification of the site. Walls and fences that are in public view must avoid long, undifferentiated facades and long, plain sections by including a combination of the following design elements: variations in height, step-backs or recesses, changes in material, patterns, textures, colors, or use of accent materials.

         (f)   If security fencing is proposed, vegetative screening must be placed between the fence and the public view. Fencing must be made of high quality materials. Chain-link and similar woven metal or plastic fencing shall not be used.

         (g)   If forest or hedgerows exist where screening or buffering is required, it must be preserved to the maximum extent practicable and supplemented with new plantings where necessary to provide the desired screening or buffering.

         (h)   All landscaping, screening, and buffering must be maintained in living condition.

         (i)   Applicant must submit a landscape, buffering, and screening plan as part of the site plan application addressing the requirements and timing of plantings. Screening and buffering must be installed as early in the development process as possible. Occupancy shall not be granted if screening and buffering requirements are not installed in accordance with the approved site plan.

         (j)   The Planning Commission may approve a modification to the landscaping, buffering, and screening standards where an alternate landscaping, buffering, and screening plan is provided that meets the purpose and intent of these design requirements.

      (8)   Parking, loading, and signage must be provided in accordance with § 1-19-6.200 through § 1-19-6.340.

      (9)   In addition to meeting the requirements of § 1-19-6.500, the following lighting requirements must be met:

         (a)   Pole mounted and building mounted lights must not exceed a height of 18 feet.

         (b)   Lighting shall include elements that reduce negative impacts to wildlife migration, nocturnal habits, and circadian rhythms, such as the utilization of lights with amber or yellow tints instead of blue or white light and the use of timers, motion detectors, and light-sensitive switches to actively regulate the emission of light from light fixtures.

         (c)   The Planning Commission may require more restrictive lighting standards where deemed appropriate by the Planning Commission.

      (10)   Bicycle rack requirements shall be in accordance with industrial parks in table § 1-19-6.220 (H)(1).

      (11)   Critical digital infrastructure facilities must meet all criteria found in §§ 1-19-7.600 and 1-19-7.610.

      (1)   Subdivision of lot(s) for critical digital infrastructure uses shall comply with Chapter 1-16 of the County Code.

      (2)   Where two or more lots are proposed for critical digital infrastructure uses, the lot frontage requirement of § 1-19-4.520 may be met by construction of a private street subject to Planning Commission approval and the following:

         (a)   The lot or parcel from which the new lot is being created has fee-simple frontage on a public street.

         (b)   The private street connects directly to a public road.

         (c)   The private street will not serve any uses that would be frequented by the general public.

         (d)   For the purposes of establishing bulk regulations (setbacks, lot width, etc.), the measurements along the portion of the lot(s) fronting a private street must be the same as established for public streets.

         (e)   The design of the private street must comply with Chapter 1-16 of the County Code.

         (f)   Private streets may not create long, dead-end street networks and must serve a limited number of lots and sites, as determined by the Planning Commission.

         (g)   Private streets must be maintained by a property owner association or similar organization.

         (h)   Easements, maintenance agreements, and covenants must be provided to the County for review with the submission of a final plat, and must be recorded by the applicant prior to lot recordation and the recording reference noted on the final plat.

   (F)   Performance standards. These performance standards for critical digital infrastructure facilities are intended to mitigate potential detrimental effects on adjacent properties and the neighborhood. All applications for site plan approval must be accompanied by a registered engineer's certification that the use complies with all of the performance standards. If, after occupancy of the structures, continuous or frequent (even if intermittent) violations of the performance standards occur, and after notice is given, bona fide and immediate corrective work is not performed which successfully prevents the violation(s) from reoccurring, the Zoning Administrator may suspend or revoke the Zoning Certificate and the Certificate of Occupancy and require the operations and occupancy to immediately cease. The Zoning Certificate and Certificate of Occupancy will be reinstated after the property owner demonstrates to the Zoning Administrator's satisfaction, that operation of the facilities is able to conform to these requirements.

         (a)   Noise must be measured with a sound level meter.

         (b)   The maximum sound pressure levels permitted from any source, including but not limited to electrical equipment, air handlers, generators, and other mechanical devices, measured within an adjacent property line, are set forth below:

 

 

         (c)   All applications for site plan approval must include a sound study that is prepared by a qualified engineer with experience in environmental acoustics. The purpose of the detailed study is to assess the impact of all noise sources and determine the appropriate layout, design, and control measures. The study must include:

            1.   Details of assessment methodology.

            2.   List of all air handlers, generators, and other mechanical devices that are included in the sound evaluation, including manufactures specifications.

            3.   Predicted sound levels for three scenarios:

               a.   All mechanical and electrical equipment required for normal operation at 100% load.

               b.    Generator testing and maintenance.

               c.    Emergency scenario with all generators, mechanical equipment, and electrical equipment operating at 100%.

            4.   When multiple buildings are proposed on the site plan application, the study must include sound levels for each phase of building construction to ensure that the sound levels listed in the table in (F)(1)(b) above are met during all phases of buildout.

            5.   Summary of the results and recommended control measures.

         (d)   Within 6 months of the date of occupancy of any completed CDI building, and biennially thereafter, actual sound levels for scenarios a and b listed under (F)(1)(c)(3). above must be measured by a qualified engineer with experience in environmental acoustics and a final sound level report must be submitted to the county for review and approval. If actual sound levels exceed the maximum sound pressure levels listed in (F)(1)(b) above, corrective actions must be executed as soon as reasonably possible, but no later than 180 days from the date of the submission of the report.

         (e)   The provisions of this section do not apply to:

            1.    Transportation vehicles not under the control of the use.

            2.   Occasionally used safety signals, warning devices, and emergency pressure relief valves.

            3.   Temporary construction activity between 7:00 a.m. and 7:00 p.m.

            4.   Emergency and other exemptions identified in § 1-11-6(F).

         (a)   No vibration may be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the property line; nor may any vibration produce a particle velocity of 2 inches per second measured at or beyond the property line. This provision does not apply between adjoining critical digital infrastructure facilities uses.

         (b)   All applications for site plan approval must include a vibration impact study that is prepared by a qualified individual with experience in vibration analysis.

         (c)   Within 6 months of the date of occupancy of any completed CDI building, and biennially thereafter actual vibration levels must be measured by a qualified individual and a vibration report must be submitted to the County for review and approval. If vibration levels exceed the maximum listed in (F)(2)(a) above, corrective action must be taken as soon as reasonably possible but no later than 180 days from the date of the submission of the report.

         (a)   Generators must meet or exceed Tier 4 or equivalent emission standards as defined by the United States Environmental Protection Agency.

         (b)   Generator testing shall be limited to Monday through Friday, 8:00 a.m. to 5:00 p.m. Only one generator per building, or the minimum number necessary to meet operational standards, may be tested at a time and for a period not to exceed 60 minutes, unless federal or state law, rule or regulation, or utility company restrictions prevent testing during such time.

         (c)   Generators must be installed at ground level.

            1.   For the purposes of this section, fuel storage includes the storage of all petroleum bases fuels, natural gas liquids, biofuels, and liquids derived from other hyrdocarbon sources.

            2.   The storage tank shall be placed above ground with a capacity not to exceed 20,000 gallons.

            3.   Only one storage tank is permitted per critical digital infrastructure building.

            4.   The storage tank shall be located a minimum of 100 feet from a well or as provided in § 1-6-50 of the County Code (Wellhead Protection Ordinance), whichever is greater.

            5.   The storage tank shall be governed by the International Fuel Gas Code concerning storage tanks, and the National Fire Protection Association 30 standards.

            6.   Storage tanks shall have 100% catchment basin, or double-walled containment, and a spill protection overfill alarm.

            7.   Shall comply with § 1-6-50 of the County Code (Wellhead Protection Ordinance).

            8.   The storage tank must have a minimum setback of 100 feet from all property lines.

            9.   Storage tanks must meet all applicable state and federal regulations for above ground storage tanks.

         (e)   Fuel storage tanks attached to stationary equipment:

            1.   For the purposes of this section, fuel storage includes the storage of all petroleum bases fuels, natural gas liquids, biofuels, and liquids derived from other hydrocarbon sources.

            2.   Shall not have a capacity greater than 10,000 gallons per attached storage tank.

            3.   The storage tank and stationary equipment shall be located a minimum of 100 feet from a well or as provided in § 1-6-50 of the County Code (Wellhead Protection Ordinance), whichever is greater.

            4.   The storage tank shall be governed by the International Building Code 2006 as amended concerning storage tanks, and the National Fire Protection Association 30, as amended.

            5.   Storage tanks shall have 100% catchment basin, or double-walled containment, and a spill protection overfill alarm.

            6.   Shall comply with § 1-6-50 of the County Code (Wellhead Protection Ordinance).

            7.   The storage tank must have a minimum setback of 100 feet from all property lines.

            8.   Storage tanks must meet all applicable State of Maryland and federal regulations for above ground storage tanks.

   The following provisions apply to critical digital infrastructure electric substations:

   (B)   A critical digital infrastructure electric substation may only be constructed for the purpose of providing power to critical digital infrastructure facilities, and when a critical digital infrastructure facility has received site plan approval from the Planning Commission. An application for a critical digital infrastructure electric substation may be processed concurrently with an application for a critical digital infrastructure facility.

   (C)   A critical digital infrastructure electric substation may be connected to another electrical system within the region. Any expansion of a critical digital infrastructure electric substation for the purpose of supporting other uses or users must follow the rules, regulations, and procedures applicable to nongovernmental electric substation use.

   (D)   An application for a critical digital infrastructure electric substation must include the following:

      (1)   Information indicating the general conditions of use and existing improvements on adjoining properties within a 1,000-foot radius surrounding the subject property.

      (2)   A description of the potential environmental and ecological (including water, air, wildlife, and vegetation) effects of the proposed critical digital infrastructure electric substation on properties in the vicinity of the proposed development.

      (3)   An assessment of the impact on nearby properties from electromagnetic fields to be generated by the critical digital infrastructure electric substation.

      (4)   An assessment of safety and reliability, including provisions for emergency operations and shutdowns.

      (5)   Information as to how the applicant proposes to address the visual impact of the critical digital infrastructure electric substation on designated preservation areas, such as rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, designated heritage areas, historic sites and sites eligible for historic designation.

      (6)   A description of methods to be utilized to mitigate any waste disposal, air quality, visual or noise impacts associated with the development or operation of the critical digital infrastructure electric substation.

         (a)   A landscaped buffer must include a four-season visual screen resulting in multi-layered, staggered rows of overstory and understory trees and shrubs that are a mix of evergreen and deciduous vegetation, with an emphasis on species that are native to Frederick County.

         (b)   The minimum height of overstory trees within a landscape screen or buffer at planting must be a minimum of 6 feet with a minimum caliper of 2 inches. The minimum height of understory trees and shrubs at the time of planting must be 3 gallon or larger. Trees and shrubs larger than the minimum sizes listed above will be required where the minimum planting sizes will not provide adequate screening or buffering within 2 years. Vegetation used to establish a visual screen shall not be trimmed so as to stunt upward and outward growth or to otherwise limit the effectiveness of the visual screen.

         (c)   A berm, wall, or fence may be used in combination with vegetation to satisfy the screening requirement where deemed appropriate by County Staff and the Planning Commission. Walls and fences must be made of quality materials and enhance rather than detract from the beautification of the site. Walls and fences that are in public view must avoid long, undifferentiated facades and long, plain sections by including a combination of the following design elements: variations in height, step-backs or recesses, changes in material, patterns, textures, colors, or use of accent materials.

         (d)   If security fencing is proposed, vegetative screening must be placed between the fence and the public view. Fencing must be made of high quality materials. Chain-link and similar woven metal or plastic fencing shall not be used.

         (e)   If existing forest or hedgerows exist where screening or buffering is required, it must be preserved to the maximum extent practicable and supplemented with new plantings where necessary to provide the desired screening or buffering.

         (f)   All landscaping, screening, and buffering must be maintained in living condition.

         (g)   The Planning Commission may approve a modification to the landscaping, buffering, and screening standards where an alternate landscaping, buffering, and screening plan is provided that meets the purpose and intent of this section.

         (h)   Applicant must submit a landscape, buffering, and screening plan as part of the site plan application addressing the requirements and timing of plantings. Screening and buffering must be installed as early in the development process as possible. Occupancy shall not be granted if screening and buffering requirements are not installed in accordance with the approved site plan.

      (2)   Lighting, if provided, must comply with § 1-19-6.500, and light poles shall not exceed a height of 18 feet. The Planning Commission may reduce lighting height(s) where deemed appropriate by the Planning Commission.

         (a)   Noise will be measured with a sound level meter.

         (b)   The following table describes the maximum sound pressure level permitted from any source and measured at any adjacent property line.

 

 

         (c)   All applications for site plan approval must include a sound study that is prepared by a qualified engineer with experience in environmental acoustics. The purpose of the detailed study is to assess the impact of all noise sources and determine the appropriate layout, design, and control measures. The study must include:

            1.   Details of assessment methodology.

            2.   List of all devices that are included in the sound evaluation, including manufacturers specifications.

            3.   Predicted sound levels.

            4.   Summary of the results and recommended control measures.

         (d)   Within 6 months of the beginning date of operation, actual sound levels must be measured, and biennially thereafter by a qualified engineer with experience in environmental acoustics and a sound level report must be submitted to the county for review and approval. If actual sound levels exceed the maximum sound pressure levels listed in (b) above, corrective actions must be executed as soon as reasonably possible, but no later than 180 from the submission of the report.

         (e)   The following sources of noise are exempt:

            1.    Transportation vehicles not under the control of the use.

            2.   Occasionally used safety signals, warning devices, and emergency pressure relief valves.

            3.   Temporary construction activity between 7:00 a.m. and 7:00 p.m.

   (A)    A cannabis dispensary may not be located:

      (1)   Within 500 feet of an existing public or private school, park, library, playground, recreation center, childcare center, place of worship, and family childcare home.

      (2)   Within 1,000 feet of another cannabis dispensary.

      (3)   Within 100 feet from a property zoned R-1, R-3, R-5, R-8, R12, or R-16.

      (4)   Within 100 feet of an existing residential use in the PUD and MXD floating zones.

   (B)   The distance requirements under subsection (A) above shall be measured using a direct line between the nearest property lines.

   (C)   A cannabis dispensary may not operate as a home occupation.

   (D)   The cannabis dispensary use, requirements, and restrictions apply to operations under a standard cannabis license issued by the state as well as operations under a micro license issued by the state.

(Bill No. 23-21, 11-21-2023; Bill No. 25-12, 11-18-2025)

   The following provisions shall apply to animal hospitals or veterinary clinics in the GC and MX districts.

   (A)   The minimum lot area, lot width, yard setbacks and height, shall be as provided for in § 1-19-6.100.

   (B)   Operations will be conducted within a completely enclosed building. No outside runs or kennels are permitted.

(Ord. 11-25-591, 10-27-2011; Ord. 11-28-594, 11-22-2011; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to an automobile repair shop or service in the Limited Industrial District.

   (A)   an automobile repair shop building shall be at least 100 feet from any residential buildings on adjacent properties.

   (B)   No outdoor work or outdoor storage of parts, equipment or vehicles shall be permitted except as provided in condition (C). No parking is permitted on the required setback areas.

   (C)   No motor vehicles related to the auto repair business shall be parked outside of a screened parking area. A screened parking area shall be no larger than 2,500 square feet to allow for 5 vehicles (1 company vehicle and 1 employee vehicle are exempt from this number).

   (D)   Parking areas provided shall be screened from adjacent properties and roads with plantings of evergreens, at least 5 feet high, or a fence of equal height provided to screen the parking area.

   (E)   Petroleum, flammable liquid, 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.

   (F)   Shall comply with § 1-6-50 (Wellhead Protection Ordinance) at site development plan approval.

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

   The following provisions shall apply to apiaries in the R1, R3, R5, R8, R12, R16, VC, MX, GC, ORI, LI, and GI zoning districts.

   (A)   The apiary shall be located at least 10 feet from any lot line.

   (B)   The apiary shall be located behind a solid fence, hedge, or other barrier that is at least 6 feet in height, runs parallel to the property line, and extends 10 feet beyond the apiary in each direction.

   (C)   A water supply shall be provided to minimize honeybees from seeking water off-site.

   (D)   Apiaries shall comply with Maryland Department of Agriculture Regulations as they pertain to beekeeping.

   (E)   Beekeepers shall be registered by Maryland Department of Agriculture and failure to maintain registration with the state constitutes a violation of this section.

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

   The following provisions shall apply to limited food waste composting activities and operations in the A District that are greater than 5,000 square feet in size.

   (A)   All limited food waste composting activities and operations shall be located on land zoned agriculture. Food waste composting activities and operations shall be limited in size as follows:

   (B)   No portion of the limited food waste composting activity or operation shall be located within the floodplain district as defined in § 1-19-9.100.

   (C)   All limited food waste composting activities and operations shall be set back a minimum of 25 feet from the floodplain district and 100 feet from the banks of rivers, streams, or other bodies of water.

   (D)   Limited food waste composting activities and operations shall not cause any odor, dust, smoke, vibration, or unreasonable noise which can be detected at or beyond any property line.

   (E)   All activities and operations associated with the limited food waste composting facility shall be located a minimum of 150 feet from the property lines and at least 300 feet from a dwelling not owned or operated by the operator of the composting facility.

   (F)   The subject property must have road frontage and access on a minimum 20-foot-wide paved public road. Commercial/Industrial entrance standards shall be utilized in the design of any point of access to a public road as determined to be necessary by the Frederick County traffic engineer.

   (G)   The applicant shall submit a vehicle circulation plan indicating that adequate turn radius is provided both to and from the subject property. Adequate space for the safe movement of all proposed vehicles and equipment being utilized on site shall be provided.

   (H)   Limited food waste composting activities may include delivery and incorporation of off-site generated food waste into the on-site composting operation.

   (I)   The applicant shall maintain records detailing the date and source of off-site generated food waste. The records must be made available to the Zoning Administrator upon request.

   (J)   All materials at the limited food waste composting facility shall be sorted and processed in a manner that prevents harboring or breeding of insects or animals, and prevents creation of odor, litter, or other nuisances that may be harmful to the public health or the environment.

   (K)   All incoming materials associated with food waste must be incorporated into the composting processes within 24 hours. Liquids must be controlled to prevent run off during offloading, storage, and processing of all received wastes.

   (L)   Commercial sales of on-site generated compost to the general public are allowed only for the limited food waste composting: commercial activity use. Such commercial sales shall not be allowed for the limited food waste composting: agricultural activity use.

   (M)   Limited food waste composting activities and operations shall comply with all applicable federal, state, and local regulations and shall conform to the requirements of all federal and State of Maryland permits and other approvals.

(Bill No. 18-22, 10-16-2018)

   The following provisions shall apply to bed and breakfast.

   (A)   The maximum stay for guests shall not exceed 30 days during a period of 6 months and no 1 visit shall exceed more than 14 consecutive days.

   (B)   Meal service shall be limited to overnight guests only.

   (C)   There shall be no separate kitchen or cooking facilities in any guestroom.

   (D)   The use of amenities, such as a swimming pool, shall be restricted to use by guests of the establishment.

   (E)   Minimum lot size and setbacks shall be as provided in § 1-19-6.100 for a single family dwelling in the district where the use is allowed.

   (F)   Parking shall not be located within required setback areas.

(Ord. 09-21-525, 6-4-2009; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)

   The provisions of this division shall apply to all communication towers erected in the county subsequent to the effective date of this amendment, and to communication towers erected prior to the effective date of this amendment as set forth in § 1-19-8.420.2(Q).

(Ord. 99-14-241, 11-23-1999; Ord. 08-26-502, 10-14-2008; Ord. 12-17-612, 6-21-2012; Ord. 14-23-678, 11-13-2014)

   The following design criteria shall apply to all communication towers in the GC, ORI, LI, GI, MM and non-residential MXD zoning districts as well as special exceptions in the RC and A Districts.

   (A)   The applicant and the property owner shall be responsible for maintaining the tower in a safe condition.

   (B)   The tower shall be utilized continuously for wireless communications. In the event the tower ceases to be used for wireless communications for a period of 6 months, the approval will terminate. The property owner shall remove the tower within 90 days after termination. The property owner shall insure the tower removal by posting an acceptable monetary guarantee with the county on forms provided by the office of the Zoning Administrator. The guarantee shall be for an amount equal to a cost estimate approved by the Zoning Administrator for the removal of the tower, plus a 15% contingency.

   (C)   All towers shall be designed for co-location, which shall mean the ability of the structure to allow for the placement of antennae for 2 or more carriers. This provision may be waived by the approving body if it is determined that co-location will have an adverse impact on the surrounding area.

   (D)   The tower height may exceed the maximum height permitted within the GC, ORI, LI and GI Districts, and provided the required setbacks are met after a determination by the approving body that its visual profile and appearance would make no substantial change in the character of the area.

   (E)   All applications for approval of communications towers shall include:

      (1)   Justification from the applicant as to why the site was selected;

      (2)   Propagation studies showing service area and system coverage in the county;

      (3)   Photo simulations of the tower and site, including equipment areas at the base from at least 2 directions and from a distance of no more than 1 mile.

   (F)   As part of the site plan review, screening and fencing may be required around the base of the tower structure and any equipment buildings.

   (G)   The appearance of the tower structure shall be minimized by the reasonable use of commercially available technology to reduce visual impact, with specific reference to size, color and silhouette properties. The decision of the approving authority shall be final.

   (H)   No lighting is to be placed on the tower unless specifically required by the Federal Aviation Administration.

   (I)   Monopoles shall be the preferred tower structure type within the county.

   (J)   All tower sites shall be identified by means of a sign no larger than 6 square feet affixed to the equipment building or fence enclosure. Said sign shall identify the tower owner and each locating provider and shall provide the telephone number for a person to contact in the event of an emergency.

   (K)   Site plan approval for the tower, access, equipment, and structures shall be by the Planning Commission in accordance with the site plan regulations specified within the zoning ordinance.

   (L)   No towers are permitted within land designated or eligible for designation for National Register or Frederick County Historic Districts or Sites.

   (M)   A copy of all reports including the environmental assessment, NEPA review, and SHPO review, as required by or provided to the Federal Communications Commission, shall be included as part of the application.

   (N)   Towers should be sited within or adjacent to areas of mature vegetation and should be located down slope from ridge lines and towards the interior of a parcel whenever possible and only should be considered elsewhere on the property when technical data or aesthetic reasons indicate there is no other preferable location.

   (O)   All applications shall include information as to how the applicant has addressed the visual impact of the tower on all county designated preservation areas, such as: rural legacy areas, agricultural preservation areas, critical farms, Monocacy scenic river, Appalachian Trail, historic sites and sites eligible for designation.

   (P)   Towers may be permitted within the Mineral Mining (MM) and non-residential Mixed Use Development (MXD) floating zones with the approval of the Planning Commission. Towers shall not be permitted within residential, PUD or residential MXD Districts.

   (Q)   Communications towers in existence on the effective date of this ordinance (Ord. 99-14-241) shall not be required to comply with these provisions, except in the event they increase the height; provided, however, that any such tower which has ceased to be used for communications purposes for a period of 12 consecutive months, must comply with the existing requirements of the zone in which it is located before such tower may be used for telecommunication purposes. For purposes of this subsection (Q), the proposed installation of 1 or more antennae on a tower which has ceased to be used for communications purposes for a period of 12 consecutive months shall be deemed a use which must comply with the existing requirements of the zone in which it is located, and shall not be treated as an accessory use pursuant to § 1-19-8.205.2.

   (R)   Except as provided in § 1-19-8.332(F) setbacks for communications towers shall be as follows.

      (1)   Setback from all property zoned residential shall be a distance not less than 1 foot for every foot of tower height, but in no case less than 300 feet. Setback distance may be modified by the approving body.

      (2)   Setbacks from all properties zoned other than residential shall be determined by the approving body, but shall not be less than the fall zone of the tower as defined by the engineering specifications.

(Ord. 99-14-241, 11-23-1999; Ord. 08-26-502, 10-14-2008; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 12-17-612, 6-21-2012; Ord. 14-23-678, 11-13-2014)

   The storage of contractor's construction equipment and supplies in the Limited Industrial District shall be permitted only if:

   (A)   The contractor's main office is located on the same lot or immediately adjacent to the lot on which the construction equipment and supplies will be stored; and

   (B)   The contractor's construction equipment and supplies are stored, maintained and repaired in an accessory structure or structures which are fully enclosed on at least 3 sides and screened from public view on the fourth side unless enclosed. The Planning Commission may waive or modify the requirement for storage, maintenance, and repair of contractor's equipment and supplies within an accessory structure where:

      (1)   It can be determined that the reduction or elimination will not adversely impact adjoining properties; and

      (2)   the Planning Commission approves an alternate screening plan; and

      (3)   Storage, maintenance, and repair is located and conducted to the rear of the principal structure and screened from the public way.

   (C)   The storage structure(s) on any lot shall not exceed a .25 floor/area ratio for the lot on which it is located and in no event shall the storage structure area exceed 25,000 square feet. The storage building shall comply with the setback requirements for principal structures in the LI District and shall meet all other criteria of this Code for accessory structures in the LI District.

(Ord. 90-46-644, 11-20-1990; Ord. 08-26-502, 10-14-2008; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to limited farm alcoholic beverages tasting rooms in the Resource Conservation and Agricultural zoning districts.

   (A)   Minimum setbacks and maximum height are the same as required for Natural Resource uses in the district where the use is proposed.

   (B)   Parking shall be provided at a rate of 1 space per 50 square feet of floor area devoted to customer service, excluding food prep and storage area.

   (C)   Parking shall not be located within setback areas.

   (D)   These uses shall not be subject to the lot frontage requirements of § 1-19-4.520(C).

   (E)   Music is permitted indoors or in accessory outdoor space, such as patios or decks. Amplified music or sound shall be contained to the accessory outdoor space. Hours when amplified music is allowed shall be defined in the zoning certificate. The zoning certificate may be revoked if the zoning administrator finds:

      (1)   Amplified music is heard or observed outside the hours defined in the zoning certificate; or

      (2)   Amplified music volumes are recorded in violation of the noise ordinance.

(Bill No. 17-04, 5-2-2017)

   The following provisions shall apply to private parks in the Resource Conservation District.

   (A)   The minimum lot area, lot width, yard setbacks, and heights shall be as provided for in § 1-19-6.100.

   (B)   The subject property must have road frontage on and access to a 20-foot-wide paved public road.

   (C)   The requirements of § 1-19-7.200, and where applicable, § 1-19-7.700 (Sugarloaf Rural Heritage Overlay District) of this Code must be met.

   (D)   A private park may include natural or paved trails, scenic viewing areas, parking facilities, forestry activities, tot lots, temporary or occasional tent camping, a caretaker residence, and private offices for the operation of the private park.

   (E)   The following commercial uses and facilities are not permitted in or accessory to a private park: recreational vehicle campground, golf course, golf driving range, swimming pool, fairgrounds, zoo, hotel, motel, or lodge.

   (F)   After the establishment of a private park, The following accessory uses are permitted with site development plan approval: a visitors' center, gift shop, walk-up concession stands, pavilions or open structures for gatherings.

(Bill No. 22-24, 10-25-2022)

   (A)   All landfill sites shall conform to the County Solid Waste Plan and be located only in areas designated agricultural/rural or industrial on the County Comprehensive Plan.

   (B)   Prior to the beginning of any excavations on the site, site plan approval must be granted by the Frederick County Planning Commission.

   (C)   Copies of all state approved permits shall be submitted to the Zoning Administrator for review prior to the issuance of a zoning certificate, including the detailed plans for monitoring wells, site security and on site supervision.

   (D)   All inspection reports shall be transmitted to the Zoning Administrator for his review.

   (E)   Any and all conditions placed on the permit by the State of Maryland shall become conditions of zoning that shall be complied with.

   (F)   Grading and sedimentation permits must be obtained from the Division of Public Works and appropriate bonds must be posted.

(Ord. 89-1-532, 1-3-1989; Ord. 90-05-603, 2-6-1990; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Landfills and borrow pit operations shall be located a minimum of 150 feet from all property lines.

   (B)   Landfills and borrow pits shall not be located within any designated floodplain or wetland areas.

   (C)   All setback areas shall be landscaped and maintained as green area.

   (D)   The road system providing access to the proposed use shall be adequate to serve the site for the intended use.

   (E)   The Planning Commission shall have the authority to establish the hours and days of operation for landfills and borrow pit operations.

(Ord. 89-1-532, 1-3-1989; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions apply to the limited landscape contractor, or woodworking use in the A District.

   (A)   A combined total of no more than 10,000 square feet of principal and accessory structures is permitted (not including ‘caretaker residence in conjunction with the permitted use’). When a limited landscape contractor use operates in conjunction with a retail or wholesale nursery use, all square footage provisions are calculated separately.

   (B)   Total impervious surface area for parking and storage of equipment exterior to any structures is limited to 40,000 square feet (not including ‘caretaker residence in conjunction with the permitted use’). When a limited landscape contractor use operates in conjunction with a retail or wholesale nursery use, all square footage provisions are calculated separately.

   (C)   Lot size, setback and height requirements are the same as other natural resource uses in the A District.

   (D)   The parking requirements of §§ 1-19-6.200 through 1-19-6.230 of this code will be met; however, no parking area is permitted within the required yard setback.

   (E)   The maximum number of onsite employees is 10.

   (F)   The subject property must have frontage and access on a paved public road with a minimum pavement width of 16 feet.

   (G)   Petroleum, flammable liquid, 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.

   (H)   The proposed use shall comply with § 1-6-50 (Wellhead Protection Ordinance) prior to site plan approval.

   (I)   All equipment and materials must be screened from adjacent properties and public roads with plantings of evergreens, at least 5 feet in height, or a fence of equal height, or demonstrate the extent that existing landscaping, hedgerows/tree cover or other natural features provide effective screening.

(Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014; Bill No. 23-15, 8-8-2023)

   (A)   Multiple structures. Multiple self-storage unit buildings may be located on a single lot if the following requirements are satisfied:

      (1)   Only one building shall be designated as the main or office building;

      (2)   Signage shall be allowed and calculated only for the main or office building.

      (3)   Each building, with the exception of one main or office building, shall be used exclusively for self-storage.

   (B)   Bulk regulations.

      (1)   See § 1-19-6.100.

      (2)   If the development is adjacent to a residential district or use, then the minimum side yard setback shall be 20 feet or equal to the height of the building, whichever is greater.

   (C)   Minimum landscaped open space.

      (1)   Minimum landscaped open space shall not be less than 20% of the land area of the lot.

      (2)   Open space shall not be used for parking or storage of vehicles, vehicular traffic, or stormwater management facilities.

      (3)   All open space must be landscaped.

   (D)   Design requirements.

      (1)   The design of the building(s) shall be compatible with the surrounding property and uses. Elements to be considered in determining compatibility include: building height, scale, massing, orientation, and materials; lot orientation, size, shapes, widths and depths; distance between buildings; pedestrian and vehicular traffic circulation, access and parking; lighting, odor and noise impacts.

      (2)   The facades of all building(s) must be of consistent design and constructed of the same or similar materials.

      (3)   All service and loading areas shall be screened from public view.

      (4)   Storage unit doors and access areas shall not face a public way (street, road, sidewalk, etc.) or the public view.

      (5)   Lighting shall be designed and directed away, or screened, from adjoining properties so as not to cause glare on or adversely impact adjoining properties.

      (6)   Lighting shall not exceed 0.5 foot/candles at the periphery of the site.

      (7)   Light poles may not exceed 12 feet (measured from the ground to the point of illumination or lens) unless the Planning Commission grants a modification during site plan review and approval.

(Ord. 07-31-471, 10-15-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   In addition to the requirements of § 1-19-7.510 of this Code, the following will apply to shopping centers. Development within the Village Center Zoning District shall conform to Article 5, Division 3, Supplementary District Regulations, § 1-19-7.500, Village Center District Overlay Standards.

   (A)   Parking for a shopping center may be reduced by 10% over the figure arrived at by totaling the requirements of each individual use on the property or may be figured at 5.5 parking spaces per 1,000 square feet of gross leasable floor area. One of the 2 methods may be used at the option of the developer. Parking and loading areas may project to within one-half the required setback distance.

   (B)   The subdivision of any lot off of a tract of land approved as a shopping center development will be governed by the following.

      (1)   The newly created lot will have vehicular access by the same method as the shopping center unless another access point is allowed by the Planning Commission and the new access point will meet the conditions of § 1-19-7.510 as they pertain to access.

      (2)   The newly created lot will be allowed to use the same sign size formula permitted for shopping centers, but will not be permitted to have a freestanding or pylon-type sign.

   (C)   Bulk regulations. The Planning Commission may allow the modification of the shopping center bulk regulations for development within the Village Center Zoning District where the Planning Commission specifically finds that the modification provides for development that is more in conformance with the Village Center Overlay standards.

      (1)   Minimum lot size of 2 acres.

      (2)   Minimum frontage of 80 feet, with access on a public road with a minimum pavement width of 20 feet.

      (3)   Minimum front yard setback of 50 feet.

      (4)   Minimum side and rear yard setback of 30 feet unless adjacent to a residential district or use, then the setback shall be not less than 100 feet.

      (5)   Maximum height of structures shall not exceed 60 feet.

   (D)   Minimum landscaped open space.

      (1)   Minimum landscaped open space shall not be less than 20% of the land area of the lot.

      (2)   Such open space shall not be open to vehicles.

      (3)   All open space must be landscaped and maintained.

(Ord. 77-1-78, § 40-62(D), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The provisions of this division shall apply to townhouse developments. Within the Village Center Zoning District development shall also conform to Article 7, Division 5 Supplementary District Regulations, Village Center District Overlay Standards § 1-19-7.500.

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

   The overall density shall not exceed the maximum density permitted within the zoning district in which the development is located. When recorded as individual lots, each townhouse lot shall have a minimum of 1,600 square feet. Forty percent of the difference in lot size and net land area per townhouse shall be allocated to green area. Townhouse developments are subject to the requirements of § 1-19-8.620 through § 1-19-8.620.6 of this chapter.

(Ord. 77-1-78, § 40-74(A), 1-24-1977; Ord. 02-26-322, 11-21-2002; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The minimum lot width is 16 feet.

(Ord. 77-1-78, § 40-74(B), 1-24-1978; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   There shall be no more than 8 and no less than 3 townhouses in a row except within the Village Center District. In the Village Center District where abutting a public street, townhouse and multi-family structures shall have a maximum width of 3 dwelling units.

(Ord. 77-1-78, § 40-74(C), 1-24-1978; Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Each townhouse shall have a front yard of 25 feet. The Planning Commission may allow enclosure of front yard space in the townhouse development if the design provides for this feature. Townhouses may be arranged to face onto a common open area, such a common area shall be provided for unobstructed access of emergency vehicles. With such an arrangement, the front yard requirement may be reduced to 10 feet.

   (B)   A side yard at least 10 feet in width shall be provided at each end of every row of townhouses. When an end unit abuts a street, the side yard shall have a minimum of 25 feet.

   (C)   Each townhouse shall have a rear yard at least 20 feet in depth.

   (D)   An accessory building may be located in a rear yard and shall occupy not over 25% of the rear yard area and shall be set back at least 5 feet from any alley or rear service street line.

   (E)   The Planning Commission may allow the modification of the townhouse yard requirements for development within the Village Center Zoning District if the Planning Commission specifically finds that the modification provides for overall building placement that is more in conformance with the Village Center Overlay standards.

(Ord. 77-1-78, § 40-74(D), 1-24-1977; Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   Pedestrian and vehicular access shall be improved to standards specified by the Design Manual. Off- street parking facilities shall be provided in accordance with the Design Manual and §§ 1-19-6.200 through 1-19-6.240 of this Code. No parking area shall be more than 200 feet from the townhouse lot it is to serve.

(Ord. 77-1-78, § 40-74(E), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   If the townhouse development provides for common area, property, or facilities, they shall be conveyed to an incorporated nonprofit home association created under recorded land agreements through which each lot owner is automatically a member and through which each lot is automatically subject to a charge for a proportionate share of common property maintenance.

(Ord. 77-1-78, § 40-74(F), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to permitted uses within the Euclidean Institutional Zoning District:

   (A)   Height, and front, side, and rear yard requirements for the Euclidean Institutional Zoning District are as follows:

      Maximum height         30'

      Minimum setback requirements

      Front               40'

      Side               50'

      Rear               50'

   (B)   Subdivision occurring after May 14, 2010 within the Euclidean Institutional Zoning District is permitted only as follows:

      (1)   Subdivision of 3 lots will be permitted to be subdivided off an original tract of land. For the purposes of this section, an original tract of land shall be as described in the county land records as of August 18, 1976.

      (2)   For all parcels created or resulting from subdivision, minimum lot area and lot width shall be as follows:

         Minimum lot area   5 acres

         Minimum lot width   300'

   (C)   College or university, or continuing care retirement community (CCRC) land uses within the Euclidean Institutional Zoning District as provided in § 1-19-5.310(B)(1) are permitted to expand subject to the site plan review process (§ 1-19-3.300 through § 1-19-3.300.4) and must meet the following requirements:

      (1)   The expansion shall not include acreage beyond that originally designated as Euclidean Institutional; and

      (2)   The proposed expansion shall not include non-conforming uses, structures, or lots; and

      (3)   The proposed use meets the definition of:

         (a)   College or university; or

         (b)   Continuing care retirement community; or

         (c)   Agricultural activities as defined in § 1-19-11.100; and

      (4)   All other requirements of this chapter are met.

   (D)   A private school, private school in conjunction with a place of worship, residential treatment center in conjunction with a private school, public school with Euclidean Institutional Zoning shall be permitted to expand subject to the site plan review process (§ 1-19-3.300 through § 1-19-3.300.4) and must meet the following requirements:

      (1)   The proposed use(s) meets the definition of:

         (a)   Private school; or

         (b)   Private school in conjunction with a place of worship; or

         (c)   Residential treatment center in conjunction with a private school;

         (d)   Public school; or

         (e)   Agricultural activities as defined in § 1-19-11.100; and

      (2)   All other requirements of this chapter are met.

(Ord. 09-21-525, 6-4-2009; Ord. 09-27-531, 11-3-2009; Ord. 10-18-533, 5-4-2010; Ord. 10-31-566, 12-21-2010; Ord. 14-23-678, 11-13-2014)

   The following provisions shall apply to place of worship in the Agricultural Zoning District:

   (A)   At the time of application a statement identifying all proposed accessory uses including hours of operation, frequency of activity, and average number in attendance shall be submitted for review and approval by the Zoning Administrator.

   (B)   Uses determined by the Zoning Administrator not to be a customarily incidental accessory to a place of worship shall only be established where:

      (1)   The proposed use is allowed in the Agricultural Zoning District as delineated in § 1-19-5.310; and

      (2)   Approval is received through the process provided for the proposed use in the Agricultural Zoning District in § 1-19-5.310.

(Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)

   The establishment of a new bodywork use shall be permitted only if the following requirements are met:

   (A)   Prior to applying for a building permit, a zoning verification letter must be submitted to the Zoning Administrator which includes:

      (1)   A description of the business;

      (2)   A list of current employees; and

      (3)   Copies of all required licenses from the State of Maryland for each listed employee or, for uses that do not require a license, verification of professional training.

   (B)   The owner or operator of a bodywork use shall file an annual report, as required by the Zoning Administrator, which includes an updated list of employees and copies of all required State licenses or verification of professional training.

   (C)   A bodywork use shall not be used as a place of human habitation.

   (D)   Bodywork instruction may only be provided:

      (1)   To individuals who are enrolled in a bodywork training program recognized by the Maryland Higher Education Commission; and

      (2)   In accordance with applicable state law and regulations governing bodywork licensure and education.

   (E)   The Zoning Administrator, or designee, is authorized pursuant to § 1-19-2.100(B) to conduct periodic inspections of a bodywork use to verify compliance with this section.

   (F)   A violation of this section will result in the suspension or revocation of the zoning certificate approval.

(Bill No. 24-07, 6-18-2024)

   It is the intent of this article that it shall only apply to swine and operations which feed swine and shall not apply to any other types of animal operations.

(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   The purpose of this article is to provide for environmentally responsible construction and expansion of swine feeding operations and to protect the natural environment and the safety, welfare and quality of life of persons who live in the vicinity of a swine feeding operation.

(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   As used in this article:

   AFFECTED PROPERTY OWNER. A surface landowner within a 1 mile radius of the designated perimeter of a swine feeding operation.

   ARTIFICIALLY CONSTRUCTED. Constructed by humans.

   DESIGNATED PERIMETER. The perimeter of any structure or combination of structures utilized to control swine waste until it can be disposed of in an authorized manner. Such structures shall include, but not be limited to, pits, burial sites, barns or roof- covered structures housing swine, compostors, waste storage sites, or retention structures or appurtenances or additions thereto.

   EXPANDING OPERATION.

      (1)   A facility that either increases its swine unit capacity to a number that causes the facility to initially meet the definition of a swine feeding operation; or

      (2)   A swine feeding operation that seeks to increase its permitted capacity in excess of 5% of the original facility's permitted capacity.

   FACILITY. Any place, site, or location or part thereof where swine are kept, handled, housed, or otherwise maintained and processed and includes but is not limited to buildings, lots, pens, and swine waste management systems.

   INTERESTED PARTY. An affected property owner who validly requests an individual hearing, in accordance with the provisions of this article regarding the issuance of a swine feeding operation permit and asserts rights to relief in respect to or arising out of the same permit.

   LAND APPLICATION. The spreading on, or incorporation of swine waste into the soil.

   OCCUPIED RESIDENCE. A habitable structure designed and constructed for full-time occupancy in all weather conditions which:

      (1)   Is not readily mobile;

      (2)   Is connected to a public or permanent source of electricity and a permanent waste disposal system or public waste disposal system; and

      (3)   Is occupied as a residence.

   ODOR ABATEMENT PLAN or OAP. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce odor as established by this article.

   OPERATOR. The owner or one who is responsible for the management of each facility of a swine feeding operation.

   OWNER OR OPERATOR. Any individual, partnership, limited partnership, limited liability limited partnership, joint venture, corporation, limited liability company, or other business entity who owns, manages, or operates all or any part of or interest in the business of a swine feeding operation or the real property on which a swine feeding operation is located. The term OWNER OR OPERATOR includes an applicant for a swine farm operation permit and the person or entity to which a permit is issued.

   PROCESS WASTEWATER. Any water utilized in the facility that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from swine watering systems; washing, cleaning, or flushing pens, barns, manure pits, direct contract, swimming, washing or spray cooling of swine; and dust control and any precipitation which comes into contact with swine or swine waste.

   SWINE. A member of the porcine species.

   SWINE FEEDING OPERATION. A lot or facility where 1,000 or more swine have been, are, or will be stabled or confined and fed or maintained for a total of 90 consecutive days or more in any 12 month period.

   SWINE WASTE. Animal excrement, swine carcasses, feed wastes, process wastewaters or any other waste associated with the confinement of animals from a swine feeding operation.

   SWINE WASTE MANAGEMENT SYSTEM. A combination of structures and nonstructural practices serving a swine feeding operation that provides for the collection, treatment, disposal, distribution, storage and land application of animal waste.

   WASTE FACILITY. Any structure or combination of structures utilized to control swine waste until it can be disposed of in an authorized manner but does not include open pits or lagoon. Such structures shall include, but not be limited to, pits, burial sites, barns, or roof-covered structures housing swine, compostors, waste storage sites, or retention structures or appurtenances or additions thereto.

   WASTE MANAGEMENT PLAN or WMP. A written plan that includes a combination of conservation and management practices designed to protect the natural resources of the county and state prepared by the Natural Resources Conservation Service (NRCS) or a private consultant with review and approval by NRCS.

   WATERS OF THE STATE. All streams (perennial and intermittent), lakes, ponds, marshes, water-courses, waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon this state or any portion thereof, and shall include under all circumstances the waters of the United States which are contained within the boundaries of, flow through or border upon this state or any portion thereof. Process wastewaters shall not be considered as waters of the state if contaminated at the site.

(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Any swine feeding operation shall be required to obtain a permit to operate.

   (B)   (1)   Two or more swine feeding operations under common ownership management or control are considered, for the purposes of permitting, to be a single swine feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

      (2)   After September 25, 2000, any swine feeding operation shall be required to obtain a permit for any increase in excess of 5% of the original facility's permitted capacity.

   (C)   Expanding operations shall be required to seek a new permit prior to expansion.

   (D)   After September 25, 2000, no new swine feeding operation or expansion of a swine feeding operation requiring a permit pursuant to this article shall be constructed or placed in operation unless final design plans and specifications have been approved by the Zoning Administrator pursuant to § 1-19-8.500.4 of this article.

   (E)   (1)   After the effective date of this article, no new swine feeding operation or expanding operation shall be constructed until a building permit for such facility or expansion has been issued by the Zoning Administrator. The new or expanded swine feeding operation (facility) must be certified and built to NRCS standards and specifications.

      (2)   No new swine feeding operation or expanding operation shall be placed in operation until a permit for such facility or expansion has been issued by the Zoning Administrator.

(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   The Zoning Administrator shall cause to be prepared and available, for any person desiring or required to apply for a permit, for a new or previously unpermitted swine feeding operation or expanding operation, the necessary forms and applications.

   (B)   The application for a permit to operate a new or previously unpermitted swine feeding operation or expanding operation shall contain, at a minimum, the following information:

      (1)   Name and address of the owner, mortgagee, deed of trust holder or installment sale vendor and/or operator of the facility;

      (2)   Street and mailing address of the property on which the swine feeding operation will be located;

      (3)   Number and type of swine housed or confined;

      (4)   A diagram or map and legal description showing geographical location of the facility on which the perimeters of the facility are designated, location of waters of the state, including, but not limited to, drainage from the facility, swine waste, storage facilities and land application sites owned or leased by the applicant;

      (5)   A copy of the waste management plan, nutrient management plan, soil and water conservation plan, odor abatement plan and such other plans reviewed and approved by the Maryland Department of the Environment and/or Maryland Department of Agriculture and/or NRCS and/or University of Maryland Cooperative Extension and/or Maryland Department of Health and Mental Hygiene;

      (6)   A copy of any written waiver by an adjacent property owner to the facility releasing specified setback requirements as provided by § 1-19-8.500.13(C) of this article; and

      (7)   Any other relevant information deemed necessary by the Zoning Administrator to administer the provisions of this article.

   (C)   (1)   An application for renewal of a permit to operate a swine feeding operation shall be considered to be properly filed when the Zoning Administrator has received a completed renewal application and payment of fees from the applicant.

      (2)   If the application for renewal is denied, written notification of the denial and an opportunity for an administrative hearing on the denial shall be given to the applicant by the Zoning Administrator. The notification shall set forth the reasons for the denial, steps necessary to meet the requirements for issuance of the renewal permit and the opportunity for the applicant to request an administrative hearing.

   (D)   For transfer of a permit to a new owner or operator, the following conditions shall be met.

      (1)   The new owner or operator shall submit to the Zoning Administrator a transfer application, which shall include any proposed changes to the conditions of the existing permit resulting from the transfer of ownership or operation.

      (2)   After receipt of all information required, the Zoning Administrator shall review the information and within 60 days issue approval or denial of the transfer. Transfer of a permit shall be denied only if:

         (a)   The new owner or operator cannot comply with the original conditions under which the original permit was granted;

         (b)   The Zoning Administrator finds a material or substantial change in conditions to the original conditions of the original permit to operate the swine feeding operation;

         (c)   Failure of the new owner or operator to meet any other conditions or requirements for compliance established by the Zoning Administrator pursuant to this article; or

         (d)   The new owner or operator has failed to meet the requirements of this article; and

      (3)   If a transfer is denied, written notification of such denial and an opportunity for an administrative hearing on the denial shall be given to the applicant for transfer of the permit by the Zoning Administrator. The notification shall set forth the reasons for the denial, steps necessary to meet the requirements for transfer of the permit and the opportunity for the applicant to request an administrative hearing.

   (E)   Any suspension or revocation or nonrenewal of a permit issued pursuant to this article by the Zoning Administrator shall be made in accordance with § 1-19-8.500.15 of this article.

   (F)   In addition to other information required for issuance of a new permit or the transfer of an existing permit, an application for a new permit or transfer of an existing permit for a swine feeding operation shall be under oath and shall contain the following information.

      (1)   (a)   A statement of ownership.

            1.   If the applicant is a sole proprietorship, limited partnership, limited liability, limited partnership or joint venture the name and address of each member thereof and percentage ownership of each shall be included in the application.

            2.   If the applicant is a corporation or limited liability company, the name and address of the corporation and the name and address of each officer and registered agent of the corporation and of each stockholder or member owning a 10% or greater interest shall be included in the application.

         (b)   The information contained in the statement of ownership shall be public information and shall be available upon request from the Zoning Administrator.

      (2)   The name and address of management, if the management is not the applicant and is acting as agent for the applicant.

      (3)   (a)   An environmental history from the past 3 years of any swine feeding operation established and operated by the applicant or any other operation with common ownership in this state or any other state. Such environmental history shall include but not be limited to all citations, administrative orders or penalties, civil injunctions or other civil actions, criminal actions, past, current and ongoing, taken by any person, agency or court relating to noncompliance with any environmental law, rule, agency order, or court action relating to the operation of a swine feeding operation.

         (b)   A copy of all records relating to the environmental history required by this paragraph shall accompany the application.

         (c)   Noncompliance with a final agency order or final order of judgment of a court of record which has been set aside by a court on appeal of such final order or judgment shall not be considered a final order or judgment for the purposes of this subsection.

      (4)   Environmental awards or citations received or pollution prevention or voluntary remediation efforts undertaken by the applicant.

      (5)   Any other relevant information or records required by the Zoning Administrator for purposes of implementing this article.

   (G)   (1)   In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, representation, or certification in, or omits material data from, or tampers with any application for a permit, or notice relating to the determination of affected property owners, shall upon conviction thereof, be guilty of a misdemeanor and may be subject to a fine of not more than $1,000 for each such violation. In addition, the Zoning Administrator shall deny a permit to the applicant or may require submission of a new application.

      (2)   The responsibility for ensuring that all affected property owners are notified pursuant to the provisions of this section shall be upon the applicant.

(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   Any person or entity applying for a permit for a swine feeding operation shall comply with the notice and hearing requirements as specified by this section and rules and regulations promulgated pursuant thereto by the Zoning Administrator.

   (B)   After submission of a completed application as provided by this article, the Zoning Administrator shall have 60 days to review the application for a new or expanding operation for physical and technical suitability.

   (C)   (1)   After such review and after the applicant has submitted any required information to the Zoning Administrator, the Zoning Administrator shall require the applicant to notify all affected property owners of the proposed facility or expanding operations. Such notice shall be sent by certified mail, return receipt requested. The notice shall identify that an application for a swine feeding operation has been submitted to the Zoning Administrator, the location of the facility, that a hearing may be requested pursuant to this subsection, and the date the application will be available for public review which shall begin no earlier than the day following the certified mailing of all the required notices, and such other information required by the Zoning Administrator.

      (2)   Each affected property owner requesting a hearing shall submit, in writing, the following information:

         (a)   The name and address of the interested party and proof that the interested party is an affected property owner;

         (b)   A statement of specific allegations showing that the proposed facility or expanding operation may have a direct, substantial and immediate effect upon a legally protected interest of the interested party; and

         (c)   The relief sought by the interested party.

      (3)   If any of the affected property owners requests an administrative hearing, such hearing shall be held by the Zoning Administrator within not less than 30 days nor more than 60 days after the close of the public review period pursuant to subsection (D)(4) of this section. All interested parties may be joined as parties to the hearing.

      (4)   At the hearing the Zoning Administrator shall hear testimony and accept evidence pertaining to the physical and technical suitability of the proposed facility or expanding operations. In addition, any affected party may present specific allegations based on scientific and technical findings of fact showing that the proposed facility or expanding operations may have a direct, substantial and immediate effect upon a legally protected interest of the affected property owner.

      (5)   Establishment of property usage which is the date the swine feeding operation application was made available, pursuant to this section, for public review versus date of initial construction or placement of occupied residence, shall be given consideration when determining a contested matter between an applicant and an interested party on issues other than pollution of the waters of the state.

   (D)   (1)   In addition to the individual notice required by section of this article, the Zoning Administrator shall require the applicant to give public notice of the opportunity to comment on the requested permit.

      (2)   The public notice for a new or expanding operation shall be published as a legal notice prior to the date the application is available for public viewing in at least 1 newspaper of general circulation in Frederick County. The applicant shall also post the property in accordance with § 1-19-3.200.2(C).

      (3)   The notice shall identify locations where the application shall be available for viewing. Such locations shall include the office of the Zoning Administrator and a specific public location in the Frederick County.

      (4)   The application shall be available for public review during normal business hours. The copies of the application posted for public viewing shall be complete except for proprietary information otherwise protected by law and must remain posted during normal business hours for at least 20 working days after notice is published.

      (5)   The Zoning Administrator, as necessary, may hold public meetings at a location convenient to the proposed facility or expanding operation to address public comments on the proposed facility or expanding operation.

   (E)   Prior to the issuance of any permit for a swine feeding operation, or expanding operation, the Zoning Administrator shall require the applicant to submit:

      (1)   Documentation certifying notice has been issued to all affected property owners. A map of all affected property owners within 1 mile and the corresponding mailing list shall be submitted with each application; and

      (2)   Proof of publication notice of a new or expanding application for a swine feeding permit required by this section.

(Ord. 00-29-271, 9-14-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   (1)   The applicant shall submit:

         (a)   A nutrient management plan;

         (b)   Soil and water conservation plan;

         (c)   A waste management plan, and

         (d)   An odor abatement or control plan.

      (2)   The above plans shall be prepared by the Maryland Cooperative Extension Service, NRCS or private consultant with review and approval by NRCS or Maryland Cooperative Extension Service. For operations over 1,000 animal units (2,500 hogs), a nonpoint source discharge permit will be required from the Maryland Department of the Environment.

   (B)   The following records shall be maintained at the site as long as the facility is in operation. Quarterly reports of the following information shall be filed with the Zoning Administrator:

      (1)   Water level in the retention structure;

      (2)   Daily precipitation records from on-site rain gauge;

      (3)   Incident reports such as spills and other discharges;

      (4)   Inspection and maintenance reports;

      (5)   Findings from annual inspections of the entire facility;

      (6)   Log of removal of swine waste sold or given to other persons for disposal, including location and application information;

      (7)   Other specific information deemed necessary by the Zoning Administrator to implement the provisions of this article;

      (8)   Copy of general permit issued by the Federal Environmental Protection Agency if applicable, and other specific records deemed necessary by the Zoning Administrator to implement the provisions of this article; and

      (9)   The notarized statement signed by the applicant accepting full responsibility for properly closing all waste retention structures pursuant to subsection (C) of this section.

   (C)   The applicant shall sign a notarized statement accepting full responsibility for properly closing all swine waste retention structures if the facility ceases to function or is ordered to close by any governmental or regulatory body. When a permit is transferred, the new property owner or operator shall submit a signed notarized statement accepting full responsibility for properly closing all waste retention structures if the facility ceases to function or is ordered to close by any governmental or regulatory body.

(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   An odor abatement plan shall be developed by each swine feeding operation prior to the submission of an application pursuant to the provisions of this article. The odor abatement plan shall include, but not be limited to, provisions for documentation of structural controls, documentation of management practices, odor abatement and record keeping provisions.

   (B)   (1)   The odor abatement plan shall include specific methods of odor reduction which shall be tailored to each facility.

      (2)   The odor abatement plan shall address methods for reducing odors in relationship to swine maintenance, waste storage, land application, and carcass disposal.