search icon

Frederick County Unincorporated
City Zoning Code

ARTICLE VI

Use Matrix

§ 165-601.01 Organization.

A. 
The Use Matrix in this article organizes permitted uses by zoning districts and use types. The Use Matrix; Article VII, Additional Regulations for Specific Uses; and Article XI, Definitions, of this chapter, together provide a systematic basis for identifying and organizing uses and distinguishing whether a particular use is allowable in a particular zoning district.
(1) 
Use classifications. Use classifications by zoning districts identify broad general classifications of land use and include agricultural uses; residential uses; public, civic, and recreational uses; commercial uses; industrial uses; and miscellaneous uses.
(2) 
Use types. The specific use types identify the specific principal uses that fall within each classification.

§ 165-601.02 Use matrix abbreviations.

A. 
Permitted uses. "P" in a Use Matrix cell indicates that the use type in that row is permitted-by-right in the zoning district at the head of that column, subject to any performance standards required by Article VII, Additional Regulations for Specific Uses, of this chapter.
B. 
Conditional uses. "CUP" in a Use Matrix cell indicates that the use type in that row is allowed in the zoning district at the head of that column only upon approval of a Conditional Use Permit, in accordance with Article III, Permits and Applications, and subject to any performance standards in Article VII, Additional Regulations for Specific Uses, of this chapter.
C. 
Accessory uses. "A" in a Use Matrix cell indicates that the use type in that row is permitted as an accessory use incidental to a permitted or specially permitted use in the zoning district at the head of that column, subject to any performance standards required by Article VII, Additional Regulations for Specific Uses, of this chapter.
D. 
Prohibited uses. A blank cell in the Use Matrix indicates that the use type in that row is prohibited in the zoning district at the head of that column.

§ 165-602.01 Uses not provided.

A. 
The Zoning Administrator shall determine whether an unlisted use is part of an existing use classification or use type as defined in Article XI, Definitions, of this chapter. Upon determining the most similar use type, the Zoning Administrator shall treat the proposed use the same as the most similar one.
(1) 
If the Zoning Administrator determines that the proposed use is not similar to any listed use type, that use is prohibited.

§ 165-603.01 Primary and accessory uses.

A. 
If a use is identified as accessory in the use matrix, within the definition of the primary use, or is otherwise determined by the Zoning Administrator to be incidental and customarily associated with the primary use, a separate zoning permit is not required for the accessory use.
(1) 
Notwithstanding the above, when permitted accessory uses that are typically found in association with the allowed primary use are located on the same lot as the primary use, secondary uses shall meet the requirements of this chapter as well as any particular standard imposed on such use in Article VII, Additional Regulations for Specific Uses, of this chapter.

§ 165-603.02 Use Matrix.

Use Type
Primary Zoning Districts
Use Performance Standards
RA
RP
MH1
R4
R5
MS
B1
B2
B3
TM
M1
M2
EM
HE
P = Permitted Permit
CUP = Permitted w/Conditional Use
A = Accessory
AGRICULTURAL
Agricultural Supply Cooperatives
CUP
§ 165-701.01
Agriculture, Farming, Dairies, Animal Husbandry, and Forestry
P
P
Agritourism
P
Backyard Chickens and Chicken Coops
P
P
P
§ 165-701.02
Commercial Stables, Equestrian Facilities and Commercial Riding Facilities
P
Cut-Your-Own Christmas Tree and Evergreen Tree
P
Farm Breweries
P
§ 165-701.03
Farm Distilleries
P
§ 165-701.03
Farm Stay
CUP
Farm Wineries
P
§ 165-701.03
Fish Hatcheries and Fish Production
P
P
Hog Farming
P
P
§ 165-701.04
Off-Premises Farm Markets and Wayside Stands
CUP
On-Premises Wayside Stand, Roadside Stand, or Wayside Market, Accessory to a Bona Fide Operating Farm
A
Sawmills And Planing Mills, Type B
CUP
Slaughterhouses
CUP
§ 165-701.05
RESIDENTIAL
Adult Care Residences, Assisted Living Care Facilities, and Convalescent or Nursing Homes
CUP
CUP
CUP
§ 165-702.01
Age-Restricted Multifamily Housing
P
P
P
§ 165-702.02
Bed-and-Breakfasts
CUP
CUP
CUP
CUP
Community Correctional Facility
P
Continuing Care Retirement Community (CCRC)
P
§ 165-702.01
Cottage Occupations
CUP
CUP
CUP
CUP
CUP
§ 165-702.03
Dormitories, Medical and Allied Health
P
Family Care Home
P
Family Day Home (1-4 Children)
P
P
P
P
Garden Apartments
P
P
P
§ 165-702.04
Group Homes
P
P
P
P
P
Home Occupations
P
P
P
P
P
§ 165-702.05
Manufactured Homes
P
P
Manufactured Home Parks & Subdivisions
P
§ 165-702.06
Multifamily Residential Buildings
P
P
P
§ 165-702.07
Multiplex
P
P
P
Residential Uses which are Accessory to Allowed Business Uses
P
P
P
P
P
P
P
Single-Family Detached Cluster
P
P
P
Single-Family Detached Rural Traditional
P
P
P
Single-Family Detached Traditional
P
P
P
Single-Family Detached Urban
P
P
P
Single-Family Detached Zero Lot Line
P
P
P
Single-Family Small Lot
P
P
P
Single-Family Dwellings
P
Short-Term Lodging or Tourist Home
P
P
P
P
P
§ 165-702.08
Temporary Family Health Care Structure
P
P
P
P
§ 165-702.09
Townhouse; Back-To-Back Townhouse
P
P
P
Treatment Home
P
PUBLIC, CIVIC, AND RECREATIONAL
Administrative Review Eligible Project
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 165-703.01
Amateur Radio Antenna
P
P
P
Broadcasting And Content Providers
P
P
Business, Professional, Labor, Political and Similar Organizations
P
P
P
P
Campgrounds
CUP
P
§ 165-703.02
Churches and Places of Worship
P
P
P
P
P
P
P
Colleges, Universities, and Professional Schools
P
P
Commercial and Institutional Cemeteries With or Without Funeral Homes or Cemetery Office Complexes
P
Electric, Gas, and Other Utility Facilities and Offices Excluding Sanitary Services
P
P
Frederick County Sanitary Landfill
P
§ 165-703.03
Humanitarian Aid Organizational Office
CUP
§ 165-703.04
Libraries
P
P
P
P
P
Museums, Parks or Historic Sites Used For Educational or Historic Preservation Purposes
P
CUP
CUP
CUP
Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers and Their Related Club Facilities
CUP
CUP
CUP
CUP
P
P
§ 165-703.05
Parks
P
P
P
P
P
P
P
P
P
P
P
P
Postal Services
P
P
P
P
P
P
P
P
P
Preserves and Conservation Areas
P
P
Public Administration and Government Support Buildings, Including Fire Stations, Companies, and Rescue Squads
P
P
P
P
P
P
P
P
P
P
P
P
§ 165-703.06
Public Utilities, Transmission and Distribution Facilities
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 165-703.07
Public Utilities, Power-Generating Facilities
CUP
P
P
P
P
P
P
§ 165-703.07
Regional Criminal Justice, Enforcement, and Detention Facilities
P
P
P
Radio and Television Towers and Their Accessory Buildings
P
Recreational Vehicle Storage
P
Religious, Grantmaking, Civic, Professional, and Similar Organizations
P
P
P
P
P
Schools (With Residential Component)
CUP
P
Schools
P
P
P
P
P
Social Assistance Services Excluding Services That Offer Residential or Housing Accommodations
P
P
Technical and Trade Schools
P
P
P
P
P
Telecommunication Facilities and Offices, Broadcasting and Content Providers, Including Wired and Wireless Telephone, Radio, Television, and Other Satellite Communications
P
P
P
P
P
Telecommunications Towers and Facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
§ 165-703.08
Utility-Scale Solar Power Generating Facilities
CUP
§ 165-703.09
Vocational Schools (Technical, Trade, Business, Computer and Management Training)
P
P
Wired And Wireless Telecommunication Carriers (Excluding Satellite)
P
P
P
COMMERCIAL
Administrative and Support Services
P
P
Advertising Specialties - Wholesale
P
P
Adult Day-Care Centers
P
P
P
P
P
P
Adult Retail
CUP
§ 165-704.01
Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities
P
Amusement, Arts, Gambling, Excluding Amusement Parks, Theme Parks, and Outdoor Shooting
P
P
P
Antique Shops
CUP
Auction Houses
CUP
Automotive Oil Change and Lubrication Shops
P
P
§ 165-704.02
Blacksmith Shops
P
Boat Clubs and Service Areas
P
Boat Repair Shop
CUP
§ 165-704.03
Building Materials and Garden Equipment Supplies Dealers
P
P
Building Materials, Hardware, Garden Supply, and Retail Nurseries
P
P
§ 165-704.02
Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing
P
P
§ 165-705.07
Car Washes
P
P
§ 165-704.04
Child Day-Care Services
CUP
CUP
CUP
CUP
P
P
P
A
P
Coin Operated Laundries, Drycleaners, and Linen Supplies
P
P
P
P
Commercial Recreation, Indoors (As Defined)
P
P
P
P
P
CUP
P
§ 165-704.05
Commercial Recreation, Outdoors (As Defined)
CUP
P
P
§ 165-704.05
Commercial Shooting and Archery Ranges (Indoor or Outdoor)
CUP
§ 165-704.06
Conference/Event Centers
P
P
P
P
Consumer Goods Rentals
P
P
P
Country General Stores Without Fuel Sales
CUP
§ 165-704.07
Death Care Services Excluding Cemeteries
P
P
P
P
Electronic Precision Equipment Repair and Maintenance
P
P
P
Farriers
P
Finance, Insurance, Legal and Offices Of Real Estate
P
P
P
Flea Markets, Operated Indoors Or Outdoors
CUP
§ 165-704.08
Flex-Tech
P
P
P
P
P
§ 165-704.09
Food and Beverage Retailers
P
P
§ 165-704.10
Food and Beverage Retailers, Excluding Fruit and Vegetable Stands
P
P
Food and Beverage Retailers, Excluding Fruit and Vegetable Stands and Vending Machine Operators
P
P
Food Services, Restaurants and Other Eating Places
P
P
P
P
P
P
§ 165-704.11
Food Services, Restaurants and Other Eating Places Excluding Drive-Thru Facilities
CUP
P
P
P
P
P
Gasoline Stations With or Without Convenience Stores, Excluding Fuel Dealers
P
P
P
P
General Automotive, Motorcycle and Truck Repair, Services and Parking
CUP
P
P
P
P
§ 165-704.02
General Business Offices
P
P
P
P
General Merchandise Store
P
Gift, Novelty, and Souvenir Retailers
CUP
Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers Excluding Accessory Outdoor Storage
P
P
§ 165-704.12
Health and Personal Care Retailers
P
P
§ 165-704.16
Health Care Services
P
P
Health Care Services Including Skilled Nursing Facilities
P
P
Home Furnishing Store
P
Horseshoeing
P
Hotels, Motels, Lodges, and Resorts
CUP
P
P
P
P
P
Household Appliances and Electrical and Electronic Goods Merchant Wholesalers Excluding Accessory Outdoor Storage
P
P
Ice Cream Parlor
CUP
Kennels
CUP
§ 165-704.13
Landscape and Horticultural Services
CUP
P
P
P
P
Medical Equipment Rental and Leasing
P
Miscellaneous Retailers Limited to Bookstores, News Stands/Dealers, Stationary Stores, Gift Shops, Florists, and Uniform Stores
P
P
Miscellaneous Retail Stores Including Food, Drug, Health, and Personal Care Not to Exceed 15,000 Square Feet, Excluding Fruit and Vegetable Stands
P
P
P
Model Home Sales
P
P
P
Motor Vehicle and Parts Dealers
P
P
P
§ 165-704.14
Movie Theaters, Including Drive-In Theatres
P
P
P
P
Offices and Clinics of Doctors of Medicine, Dentists and Other Health Practitioners
CUP
CUP
CUP
CUP
P
§ 165-704.15
Offices of Real Estate, Finance, and Insurance
P
P
P
P
Pet Care (Excluding Veterinary) Services, With All Activities and Animals Kept Within Fully Enclosed Primary Structure
P
P
P
Personal and Household Goods Repair and Maintenance
P
P
Personal and Household Goods Repair and Maintenance Excluding Motorcycle Repair
P
P
Personal and Laundry Services Excluding Industrial Launderers
P
P
P
Personal Care Services Including Hair, Nail, Beauty Salon, and Barber Shops, Excluding Escort Services; Turkish Baths; and Steam Baths
P
P
P
P
Photocopying and Duplicating Services
P
P
Professional, Scientific, and Technical Services Including Testing Laboratories
P
P
P
P
Retail Bakery
CUP
Retail Nursery
CUP
P
P
Retail Trade Excluding Manufactured (Mobile Home) Dealers and Tire Dealers
P
P
P
Services to Building and Dwellings Including Pest Control, Janitorial Services, and Carpet Cleaning Services Excluding Landscape Service and Product Sterilization
P
P
Special Event Facility
CUP
§ 165-704.17
Taxidermists
P
Travel Arrangement and Reservation Services
P
P
P
P
P
P
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
P
P
P
§ 165-705.07
Veterinary Office, Clinic Or Hospital, Including Livestock Services
CUP
Veterinary Offices, Veterinary Clinics or Veterinary Hospitals, Excluding the Boarding of Animals for Nonmedical Purposes.
CUP
Veterinary Services for Animal Specialties (Excluding Horses), With All Activities And Animals Kept Within A Fully Enclosed Primary Structure
P
P
P
Veterinary Services with All Activities and Animals Kept Within the Fully Enclosed Primary Structure, Excluding Livestock
P
P
P
Welding Repair
CUP
§ 165-704.18
INDUSTRIAL
Air Transportation
P
P
P
P
Aircraft Manufacturing
P
P
Ammunition, Ordnance and Accessory Manufacturing
P
Apparel Manufacturing
P
P
P
Chemicals Manufacturing
P
Coating, Engraving, Heat Treating, and Allied Activities
P
Commercial and Industrial Machinery and Equipment Repair and Maintenance
P
P
P
Commercial Printing
P
P
Computing Infrastructure Providers, Data Processing, and Data Centers
CUP
CUP
P
CUP
CUP
§ 165-705.01
Concrete Block and Brick and Related Products
P
P
P
Concrete Block and Brick, Glass, and Related Products excluding Asbestos
P
Construction Sand Mining
P
Converted Paper Product Manufacturing
P
P
P
P
Crushed and Broken Limestone, Granite, and Other Stone Mining and Quarrying
P
Data Entry, Data Processing, Data Verification, and Optical Scanning Data Services
P
Drugs and Druggists' Sundries Merchant Wholesalers
P
Electrical Equipment, Appliance, and Component Manufacturing
P
P
P
P
Electronic and Precision Equipment Repair and Maintenance
P
Fabricated Metal Product Manufacturing
P
—
P
Fabricated Metal Products Manufacturing, excluding Coating, Engraving and Allied Services
P
P
P
Fabricated Metal Products Manufacturing, excluding the following: Engraving and Allied Services, Ammunition, Ordnance and Accessories
P
P
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing
P
P
P
P
Food Manufacturing including Animal Slaughtering and Processing, Seafood Product Preparation and Packaging, and Rendering and Meat Byproduct Processing
P
§ 165-701.05
Fuel Dealers
P
Furniture and Related Product Manufacturing
P
P
P
P
Guided Missiles and Space Vehicles Manufacturing
P
P
Industrial Launderers, Dry-Cleaning and Laundry Services
P
P
Junkyards and Auto Merchant Wholesalers
P
§ 165-705.02
Kaolin, Clay, and Ceramic Mineral Mining and Quarrying
P
Leather and Allied Products Manufacturing
P
Linen Supply and Dry cleaning and Laundry Services except Coin-Operated Laundries
P
P
P
Logging
P
Machinery Cleaning
P
P
P
Machinery Manufacturing and Computer and Electrical Product Manufacturing
P
P
P
P
Manufactured (Mobile) Home Dealers
P
P
Medical and Dental Laboratories
P
P
Medical, Dental, and Hospital Equipment Merchant Wholesalers
P
Medical Equipment and Supplies Manufacturing
P
Mining (except Oil and Gas)
P
Miscellaneous Manufacturing
P
P
P
P
Nonmetallic Mineral Product Manufacturing excluding Asbestos
P
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors
P
P
P
P
Oil and Natural Gas Exploration
P
P
§ 165-705.03
Ophthalmic Goods Merchant Wholesaler
P
Petroleum and Coal Products Manufacturing including Fuel Dealers
P
Pharmaceutical and Medicine Manufacturing
P
P
P
P
P
Pharmaceutical Machinery Manufacturing
P
Plastics and Rubber Products Manufacturing excluding Tire Manufacturing
P
P
Plastics and Rubber Products Manufacturing including Footwear Manufacturing
P
P
P
Primary Steel Manufacturing
P
Printing, Publishing and Allied Industries
P
P
P
P
Product Sterilization Services
P
Professional, Scientific and Technical Services including Testing Laboratories
P
P
Professional, Scientific and Technical Services, including Business Offices not providing services to the general public on a primary basis
P
P
P
Pulp, Paper, and Paperboard Mills
P
Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying
P
Sand, Shale, and Clay mining
CUP
§ 165-705.04
Scientific Research and Development Services including Testing Agencies
P
Self-Service Storage Facilities
P
P
P
P
P
§ 165-705.05
Small Arms Ammunition Manufacturing
P
Solid Waste Collection, Materials Recovery Facilities, Septic Tank and Related Services, and Other Miscellaneous Management Services
P
P
P
Stone and Dimension Stone Mining and Quarrying
P
Storage Batteries and Primary Battery Manufacturing
P
P
P
P
Support Activities for Mining excluding Drilling Oil and Gas Wells
P
Textile Products and Textile Mill Products
P
P
P
Tractor Truck and Tractor Truck Trailer Parking
CUP
CUP
CUP
P
§ 165-705.06
Transportation Equipment Manufacturing
P
P
P
Transit and Ground Passenger Transportation
P
P
P
Transit and Ground Passenger Transportation and related support activities
P
P
Truck or Fleet Maintenance Facilities
P
P
P
P
§ 165-705.07
Truck Transportation
P
P
P
P
Veneer, Plywood, and Engineered Wood Product Manufacturing
P
P
P
Warehousing and Storage
P
P
A
P
P
§ 165-705.08
Warehousing, Medical and Allied Health Services
P
Waste Management and Remediation Services including Incinerators
P
Waste Recovery and Recycling Facility
P
Wholesale Trade
P
P
P
Wholesale Trade Businesses excluding Livestock, Farm Products, Mining and Chemical Storage
P
P
Wood Product Manufacturing
P
MISCELLANEOUS
Accessory Dwellings
P
P
P
P
§ 165-706.01
Accessory Uses
P
P
P
P
P
P
P
P
P
P
P
§ 165-706.02
Heliports or Air Strips
P
Winchester Regional Airport
P
Temporary Model Homes Used For Sale of Properties in a Residential Development
P
P
P