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Frederick County Unincorporated
City Zoning Code

ARTICLE VI

Business and Industrial Zoning Districts

§ 165-601.01 Intent.

The following tables describe the business and industrial zoning districts in Frederick County, the intent of those districts and the uses allowed in each district. Standard industrial classification numbers are provided for particular uses to assist the Zoning Administrator in classifying uses. Determining whether a particular use should be classified under a particular category remains subject to interpretation on the part of the Zoning Administrator.

§ 165-601.02 Dimensional and intensity requirements.

[Amended 12-10-2008; 11-18-2009; 11-13-2013; 3-8-2023]
The following table describes the dimensional and intensity requirements for the business and industrial districts:
Requirement
District
B1
B2
B3
TM
M1
M2
Front yard setback on primary or arterial highways (feet)
50
50
50
50
75
75
Front yard setback on collector or minor streets (feet)
35
35
35
35
75
75
Side yard setbacks (feet)
-
-
15
15
25
25
Rear yard setbacks (feet)
-
-
15
15
25
25
Floor area to lot area ratio (FAR)
0.3
1.0
1.0
2.0
1.0
1.0
Minimum landscaped area (percentage of lot area)
35
15
25
15
25
15
Maximum height (feet)
35
35
35
60*
60*
60*
*The Board of Supervisors may waive the sixty-foot height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver, the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case shall any structure exceed 150 feet in height.

§ 165-601.03 Minimum landscaped area.

[Amended 9-26-2012]
In the B2 Business General Zoning District, the Board of Supervisors may require that more than 15% of the area of a site shall be landscaped in order to meet the intent of this chapter. Additional landscaped areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site. In no case shall more than 25% of the site be required to be landscaped in the B2 Business General Zoning District.

§ 165-602.01 Intent.

The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited retailing, convenience, and personal service uses. Business uses in this district should be small in footprint and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods.

§ 165-602.02 Allowed uses.

[Amended 7-10-2024]
Uses allowed in the B1 Neighborhood Business District are as follows:
Allowed Uses
Veterinary services for animal specialties (excluding horses), with all activities and animals kept within a fully enclosed primary structure
Miscellaneous Retail Stores including Food, Drug, Health, and Personal Care, excluding Fruit and Vegetable Stands
Offices of Real Estate, Finance, and Insurance
Personal and Laundry Services excluding Industrial Launderers
Death Care Services excluding cemeteries
Offices of Physicians, Dentists and Other Health Practitioners
Adult and Child Day-Care Facilities
Religious, Grantmaking, Civic, Professional, and Similar Organizations
Public Administration and Government Buildings, including fire and ambulance services
Public Utilities excluding power generating facilities
Residential uses which are accessory to allowed business uses
Parks
Food Services, Restaurants and Other Eating Places excluding drive-thru facilities
Fitness and Recreational Sports Centers no larger than 10,000 square feet

§ 165-603.01 Intent.

The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-603.02 Allowed uses.

[Amended 7-10-2024]
Allowed uses shall be as follows:
Allowed Uses
Veterinary services with all activities and animals kept within the fully enclosed primary structure, excluding livestock
Pet Care (excluding Veterinary) Services, with all activities and animals kept within fully enclosed primary structure
Wired and Wireless Telecommunication Carriers (excluding Satellite)
Broadcasting and Content Providers
Building Materials and Garden Equipment Supplies Dealers
Retail Trade excluding Manufactured (Mobile Home) Dealers and Tire Dealers
Food and Beverage Retailers, excluding Fruit and Vegetable Stands
Motor Vehicle and Parts Dealers
Gasoline Stations with or without Convenience Stores, excluding Fuel Dealers
Automotive Oil Change and Lubrication Shops
Food services, Restaurants and Other Eating Places
Offices of Real Estate, Finance, and Insurance
Hotels and Motels, Dormitories, Rooming/Boarding Houses, and Travelers accommodations excluding RV Parks and Camps
Personal Care Services including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services; Turkish Baths; and Steam Baths
Coin-Operated Laundries and Drycleaners
Death Care Services excluding Cemeteries
Professional, Scientific, and Technical Services, excluding the following: Outdoor Display Advertising, Research and Development Services, and Test Laboratories including General Business Offices
Services to Building and Dwellings including Pest Control, Janitorial Services, and Carpet Cleaning Services excluding Landscape Service and Product Sterilization
Car washes
Personal and Household Goods Repair and Maintenance excluding Motorcycle Repair
Consumer Goods Rental excluding Lawn and Garden equipment
Movie Theaters, excluding Drive-In Theatres
Amusement, Arts, Gambling, and Recreation Industries excluding Amusement Parks, Theme Parks, and Outdoor Shooting
Commercial Sport and Recreation Clubs (as defined)
Health Care Services including Skilled Nursing Facilities
Adult and Child Day-Care facilities
Model Homes Sales Offices
Self-Service Storage Facilities
Public Administration and Government Support Buildings, including Fire and Ambulance Services
Public Utilities excluding energy-generating facilities
Residential uses which are accessory to allowed business uses
Parks
Religious, Grantmaking, Civic, Professional, and Similar Organizations
Libraries
Household Appliances and Electrical and Electronic Goods Merchant Wholesalers excluding accessory outdoor storage
Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers excluding accessory outdoor storage
Social Assistance Services excluding services that offer residential or housing accommodations
Technical and Trade Schools
Conference/Event Center (as defined)

§ 165-604.01 Intent.

The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-604.02 Allowed uses.

[Amended 7-10-2024; 4-9-2025]
Allowed uses are as follows:
Allowed Uses
Veterinary services with all activities and animals kept within the fully enclosed primary structure excluding livestock.
Pet Care Services (excluding Veterinary), with all activities and animals kept within the fully enclosed primary structure
Landscape and Horticultural Services
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors
Commercial Printing
Transit and Ground Passenger Transportation and related support activities
Truck Transportation and related support activities
Air Transportation and related support activities
Travel Arrangement and Reservation Services
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television, and other satellite communications.
Electric, Gas, and other utility facilities and offices excluding Sanitary Services
Warehousing and Storage
Advertising Specialties - wholesale
Building Materials, Hardware, Garden Supply, and Retail Nurseries
Manufactured (Mobile) Home Dealers
Motor Vehicle and Parts Dealers
Gasoline Stations, with or without, Convenience Stores excluding Fuel Dealers
Wholesale Trade Businesses excluding livestock, farm products, mining and chemical storage
Food and Beverage Retailers
Food Services, Restaurants and Other Eating Places
Industrial Launderers, Dry-Cleaning and Laundry Services
Administrative and Support Services
Professional, Scientific, and Technical Services including Testing Laboratories and General Business Offices
General Automotive, Motorcycle, and Truck Repair, Services and Parking
Personal and Household Goods Repair and Maintenance
Electronic Precision Equipment Repair and Maintenance
Movie Theaters, including Drive-In Theaters
Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or Theme Parks and Outdoor Shooting Ranges
Self-Service Storage Facilities
Vocational Schools (Technical, Trade, Business, Computer and Management Training)
Religious, Grantmaking, Civic, Professional, and Similar Organizations
General Business Offices
Model Home Sales
Accessory Retailing
Public Administration and Government Support Buildings, including fire and ambulance services
Public Utilities, including power-generating facilities
Residential uses which are accessory to allowed business uses
Parks
Flex-Tech
Consumer Goods Rentals
Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing
Conference/Event Center

§ 165-604.03 Conditional uses.

[Amended 4-9-2025]
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Computing Infrastructure Providers, Data Processing, and Data Centers

§ 165-605.01 Intent.

The TM District is designed to provide areas for Economic Development Authority (EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and manufacturing uses. Uses are allowed which do not create significant noise beyond the property line, smoke, dust or other hazards. This district shall be located in a business campus-like setting with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close proximity to overhead electrical transmission lines. Buildings should include attractive architectural features utilizing high quality building materials comparable to brick, stone, and glass. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-605.02 Allowed uses.

[Amended 7-10-2024; 4-9-2025]
Permitted uses are as follows:
Permitted Uses
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing
Furniture and Related Product Manufacturing
Converted Paper Product Manufacturing
Printing, Publishing and Allied Industries
Pharmaceutical and Medicine Manufacturing
Plastics and Rubber Products Manufacturing excluding Tire Manufacturing
Fabricated Metal Products Manufacturing, excluding the following: Engraving and Allied Services, Ammunition, Ordnance and Accessories
Machinery Manufacturing and Computer and Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing
Storage Batteries and Primary Battery Manufacturing
Aircraft Manufacturing
Guided Missiles and Space Vehicles Manufacturing
Miscellaneous Manufacturing
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television and other satellite communications
Computing Infrastructure Providers, Data Processing, and Data Centers
Finance, Insurance, Legal and Offices of Real Estate
Professional, Scientific and Technical Services including Testing Laboratories
Health Care Services
Medical and Dental Laboratories
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
Public Administration and Government Support Buildings
Public Utilities, including power-generating facilities
Flex-Tech

§ 165-605.03 Secondary or accessory uses.

The following uses shall be permitted by right in the TM District but only in conjunction with and secondary to a permitted principal use. All other uses not listed below, permitted by right only in conjunction with and secondary to a permitted principal use, shall be in accordance with § 165-201.05.
Secondary Uses
Warehousing/Distribution up to 50% gross square footage (or up to 75% gross square footage where served directly by rail)

§ 165-605.04 Design requirements.

A. 
Minimum size. No TM District rezoning shall be approved for less than 10 contiguous acres.
(1) 
There shall be no minimum lot size.
(2) 
There shall be no minimum lot width or depth.
B. 
Development standards. The following standards shall apply in the TM Park District:
(1) 
Any building facing road rights-of-way shall be faced on all sides with durable, materials, including but not limited to painted two-tone precast concrete panels.
(2) 
Loading docks or loading entrances shall be completely screened from view from public streets and adjoining properties by a six-foot-tall opaque fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3) 
Outdoor storage shall be limited to 35% of total lot area, be located outside of front setbacks, and shall be in conformance with § 165-201.10.
C. 
The maximum structural height for office buildings shall not exceed 90 feet; the height for all other uses shall be regulated by §§ 165-601.02 and 165-201.03.
D. 
The maximum structural height for automobile parking structures shall not exceed 70 feet.
E. 
Properties utilizing the TM Park District zoning shall not be required to complete a master development plan prior to submission of a site plan.

§ 165-606.01 Intent.

The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-606.02 Allowed uses.

[Amended 7-10-2024; 4-9-2025]
Allowed uses are as follows:
Allowed Uses
Landscape and Horticultural Services
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing
Textile Products and Textile Mill Products
Apparel Manufacturing
Veneer, Plywood, and Engineered Wood Product Manufacturing
Furniture and Related Production Manufacturing
Converted Paper Product Manufacturing
Printing, Publishing and Allied Industries
Pharmaceutical and Medicine Manufacturing
Plastics and Rubber Products Manufacturing including Footwear Manufacturing
Miscellaneous Manufacturing
Concrete Block and Brick and Related Products
Fabricated Metal Products Manufacturing, excluding Coating, Engraving and Allied Services,
Ammunition (except for small arms), Ordnance and Accessories
Machinery Manufacturing and Computer and Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing
Storage Batteries and Primary Battery Manufacturing
Transportation Equipment Manufacturing
Transit and Ground Passenger Transportation
Truck Transportation
Air Transportation
Travel Arrangement and Reservation Services
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television and other satellite communications
Public Utilities, including power-generating facilities
Wholesale Trade
Food Services, Restaurants, and Other Eating Places
Linen Supply and Drycleaning and Laundry Services except Coin Operated Laundries
Professional, Scientific and Technical Services, including Business Offices not providing services to the general public on a primary basis
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
General Automotive, Motorcycle and Truck Repair, Services and Parking
Commercial and Industrial Machinery and Equipment Repair and Maintenance
Machinery Cleaning
Solid Waste Collection, Materials Recovery Facilities, Septic Tank and Related Services, and Other Miscellaneous Management Services
Fabricated Metal Product Manufacturing
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
Public Administration and Government Support Buildings including Fire and Ambulance Services
Residential uses which are accessory to allowed business uses
Public Utilities
Parks
Regional Criminal Justice, Enforcement, and Detention Facilities
Truck or Fleet Maintenance Facilities
Self-Service Storage Facilities
Flex-Tech

§ 165-606.03 Conditional uses.

[Amended 7-10-2024; 4-9-2025]
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Commercial Recreation, Indoors (as defined), including Fitness and Recreational Sports Centers
Computing Infrastructure Providers, Data Processing, and Data Centers

§ 165-607.01 Intent.

The intent of this district is to provide for a wide variety of heavy manufacturing, office and heavy traffic uses, including those which may not be compatible with nearby residential and general business areas. Performance controls are used to control potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-607.02 Allowed uses.

[Amended 4-9-2025; 4-9-2025]
Allowed Uses
All Uses Allowed in the M1 (Light Industrial) Zoning District
Food Manufacturing including Animal Slaughtering and Processing, Seafood Product Preparation and Packaging, and Rendering and Meat Byproduct Processing
Logging
Wood Product Manufacturing
Pulp, Paper, and Paperboard Mills
Chemicals Manufacturing
Petroleum and Coal Products Manufacturing including Fuel Dealers
Leather and Allied Products Manufacturing
Concrete Block and Brick, Glass, and Related Products excluding Asbestos
Primary Steel Manufacturing
Coating, Engraving, Heat Treating, and Allied Activities
Ammunition, Ordnance and Accessory Manufacturing
Storage Batteries and Primary Battery Manufacturing
All Other Telecommunications
Public Utilities, including power-generating facilities
Fuel Dealers
Specialty Contractors
Junkyards and Auto Merchant Wholesalers
Waste Management and Remediation Services including incinerators
Tractor Truck and Tractor Truck Trailer Parking as primary use

§ 165-607.03 Conditional uses.

[Added 4-9-2025]
Conditional Uses
Computing Infrastructure Providers, Data Processing, and Data Centers

§ 165-608.01 Intent.

The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of which rely on the extraction of natural resources. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. It is also the intent of Part 608 to avoid the encroachment of incompatible uses on the borders of the EM District. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-608.02 Permitted uses.

The following uses shall be permitted:
Farming, Agriculture, Orchards, Nurseries, Horticulture, Dairying, and Forestry
Public Utilities
Oil and Natural Gas Extraction; No Refining is allowed
Mining (except Oil and Gas)
Metal Ore Mining
Stone and Dimension Stone Mining and Quarrying
Crushed and Broken Limestone, Granite, and Other Stone Mining and Quarrying
Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying
Construction Sand Mining
Kaolin, Clay, and Ceramic Mineral Mining and Quarrying
Support Activities for Mining excluding Drilling Oil and Gas Wells
Nonmetallic Mineral Product Manufacturing excluding Asbestos
Parks

§ 165-608.03 Performance standards.

All uses shall conform to applicable state or federal regulations governing noise and vibration. The Zoning Administrator may require the submission of a copy of data submitted to state or federal agencies pertaining to these performance standards with the required site plan.

§ 165-608.04 Landscaping.

Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts.

§ 165-608.05 Setback and yard requirements.

A. 
Front setback.
(1) 
All principal and accessory structures shall be set back 75 feet from any road, street or highway right-of-way.
[Amended 4-24-2024]
(2) 
Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced.
B. 
Side and rear setbacks. All principal and accessory structures shall be set back at least 25 feet from any side or rear property boundary.
(1) 
No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. The Board of Supervisors may reduce this required setback to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced.
(2) 
Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision.
(3) 
All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the Board of Supervisors may reduce this yard requirement to a minimum of 200 feet.

§ 165-608.06 Height limitations.

The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver, the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case shall any structure exceed 200 feet in height.

§ 165-608.07 Additional requirements.

All uses in the EM District must conform with all state, federal and local regulations. All mining operators shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with the required site plan.

§ 165-609.01 Intent.

The HE Higher Education District is intended to permit institutions of higher education in appropriate areas. It is intended that uses in this district be properly separated from different uses in adjoining districts. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.

§ 165-609.02 Permitted uses.

Structures to be erected or land to be used shall be for one or more of the following uses:
Permitted Uses
Colleges, Universities, and Professional Schools
Public Utilities excluding Energy-Generating Facilities
Wired and Wireless Telecommunication Carriers (excluding Satellite)
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators
Food Services and Drinking Places excluding Mobile Food Services
Health and Personal Care Retailers
Miscellaneous Retailers limited to Bookstores
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers Camps
Coin Operated Laundries, Drycleaners, and Linen Supplies
Personal Care Services
Photocopying and Duplicating Services
Physical Fitness Facilities
Civic and Social Organizations
Adult Day-Care Centers
Child Day-Care Services
Places of Religious Worship
Wellness Centers (as defined)
Parks
Postal Services

§ 165-609.03 Yard and design requirements.

A. 
Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any collector or minor street.
B. 
The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard boundary shall be added to the minimum side yard setback for every foot that the height of the structure exceeds 45 feet when the adjacent use is single-family residences.
C. 
The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard boundary shall be added to the minimum rear yard setback for every foot that the height of the structure exceeds 45 feet when the adjacent use is single-family residences.
D. 
There shall be no minimum lot size or minimum lot width or depth.
E. 
Maximum floor area to lot area ratio (FAR) shall be 2.0.
F. 
Minimum landscaped area (percentage of lot area) shall be 25%.

§ 165-609.04 Buffers and screening.

A. 
The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size and content of the buffers shall be based on the amount of separation needed.
B. 
The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter.

§ 165-609.05 Height limitations.

The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot height limitation, provided that it will not negatively impact adjacent residential uses. In considering the height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.