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Hampstead City Zoning Code

ARTICLE XIV

I-R Restricted Industrial District

§ 135-130 Purpose.

[Amended 4-8-2008 by Ord. No. 444]
A. 
The Restricted Industrial (I-R) District is established to provide areas for light industrial uses, particularly uses that offer a wide range of employment opportunities. This district is designed to have high performance standards and to accommodate uses that can be located in close proximity to commercial uses, and in locations convenient to residential areas without creating nuisances or overburdening infrastructure. The performance standards of the IR district reflect the Town's commitment to stewardship of the natural environment and to sustainable development. This includes industrial development that affords local residents the opportunity to work close to home. The standards also reflect the increasing scarcity of groundwater in the Piedmont Plateau.
B. 
The district regulations are designed to permit the operations of most offices, research, manufacturing and "flex space" activities. The intent of the regulations is to respect the broad authority of the Planning and Zoning Commission under state law to determine the design, architecture and site layout of a development to ensure that the industrial uses in the district do not deleteriously effect other uses within the district, adjoining property owners, the community or the environment. The IR district is meant for industrial, not commercial, uses. Some incidental commercial or retail uses are permitted that service the industrial uses within the industrial area or that do not depend upon intensive visits by customers from outside the industrial area.

§ 135-131 Applicable regulations.

The following regulations and applicable regulations contained in other articles shall apply in the I-R Restricted Industrial District.

§ 135-132 Principal permitted uses.

[Amended 1-12-1999 by Ord. No. 321; 4-8-2008 by Ord. No. 444; 8-9-2011 by Ord. No. 492; 1-12-2021 by Ord. No. 538]
Principal permitted uses shall be as follows:
A. 
Business offices of all types: professional, corporate, government and nonprofit.
B. 
Biomedical technology facilities and laboratories.
C. 
Computer research, software development and data processing services.
D. 
Professional training centers, except truck and heavy equipment operator schools.
E. 
Engineering, scientific and other research-development-type facilities.
F. 
Flex space as defined in § 135-3.
G. 
Establishments for production, processing, assembly, manufacturing, compounding, preparation, cleaning, servicing, testing or repair of materials, goods or products; except food and beverage products and those particular heavy industrial uses set forth in § 135-135R.
H. 
Call center operations.
I. 
Establishments for warehousing, wholesaling or distribution of products not manufactured on the premises and having less than 150,000 square feet of gross floor area. Establishments for warehousing, wholesaling or distribution of products not manufactured on the premises having greater than 150,000 square feet of gross floor area and which exist and are in operation at the time of annexation into the Town, and expansions thereof, shall not be subject to a limit on gross floor area.
J. 
Construction and contractors' facilities including offices, shops and interior storage for general construction, electrical, plumbing, HVAC, roofing and other similar firms.
K. 
Sheet metal or fabrication shops.
L. 
Carpentry, woodworking or furniture-making facilities.
M. 
Sign contractors and sign painting shops.
N. 
Wholesale printing, publishing and lithography businesses.
O. 
Telecommunications facilities, excluding communication towers.
P. 
Clothing and shoe manufacturing.
Q. 
Agriculture and viticulture for interim use on an undeveloped parcel greater than 10 acres, where irrigation is not required and where any buildings or feeding pens in which farm animals are kept shall comply with the distance requirements of § 135-20.

§ 135-133 Conditional uses requiring Board authorization.

[Amended 1-12-1999 by Ord. No. 321; 4-8-2008 by Ord. No. 444]
A. 
Radio and television facilities and studios.
B. 
Except as otherwise authorized by § 135-132I, establishments for warehousing, wholesaling or distribution of products not manufactured on the premises and having 150,000 square feet or more of gross floor area, provided that, in the opinion of the Board, the use will not create an objectionable traffic condition on any roads in the surrounding area or generate a nuisance to surrounding properties by reason of traffic.
[Amended 8-9-2011 by Ord. No. 492; 1-12-2021 by Ord. No. 538]
C. 
Any use and/or uses of land in an I-R district including those listed in § 135-132 where the projected or actual use of municipal water in gallons per day exceeds the groundwater recharge rate as established by the Maryland Department of the Environment.
D. 
Conversion or alteration of a building existing prior to September 1, 2014, to become a church or place of worship, where the original parcel of land is less than 10 acres and the entire building is used solely by the church, provided that the requirements of Article XXI, as well as the requirements of the Health Department, are complied with and subject further to the requirements of Chapter 120, relating to site plan review.
[Added 10-14-2014 by Ord. No. 507[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections D through F as Subsections E through G, respectively.
E. 
Food and beverage production, processing and manufacturing facilities.
[Amended 1-12-2021 by Ord. No. 538]
F. 
In granting or denying a conditional use, the Board of Zoning Appeals shall consider the intent of the I-R district, the potential impact on adjacent uses, the potential of the industrial site to support the requested conditional use, the risk that the requested use will attract substantive traffic from outside of the industrial site and the capacity of public facilities including public water and sewer necessary to support the requested conditional use.[2]
[2]
Editor's Note: Former Subsection G, which stated that no variance of the 3,000-square-foot limit may be granted without the review and approval of the Town Council, and which immediately followed this subsection, was repealed 1-12-2021 by Ord. No. 538.

§ 135-134 Accessory uses.

[Amended 1-12-2021 by Ord. No. 538]
A. 
Accessory uses are permitted within buildings of principal permitted uses. Accessory uses shall not occupy more than 5% of the gross floor area of the building or all of the buildings on the lot in which they exist. No single accessory use shall occupy more than 3,000 square feet of gross floor area unless otherwise noted.
(1) 
Day-care facilities and nursery schools.
(2) 
A retail establishment or restaurant where the majority of products being sold are manufactured on-site. The retail establishment or restaurant may be up to 10% of the principal building but shall not exceed 5,000 square feet.
(3) 
Cafeteria primarily serving employees.
(4) 
Indoor and outdoor recreation facilities.
(5) 
Office parking garages.
(6) 
Solar panels (of which the maximum size cannot exceed the aggregate square footage of the roof area of the principal structure on the property on which the solar panels are installed. No more than 25% of the solar panels may be ground-mounted and cannot exceed 10,000 square feet. All ground-mounted solar panels must be located behind the rear building line and screened by an earthen berm or fenced.)
(7) 
Uses customarily accessory and incidental to any principal permitted or authorized conditional use.
B. 
No variance on the size limitations granted herein may be granted without the review and approval of the Town Council.

§ 135-135 Prohibited uses.

[Amended 4-8-2008 by Ord. No. 444; 1-12-2021 by Ord. No. 538]
Any uses not specifically set forth as permitted under §§ 135-132, 135-133 and 135-134 are prohibited. For the purposes of preventing misinterpretation and for emphasis, the following uses are expressly prohibited within the I-R Restricted Industrial District:
A. 
Residential dwelling units.
B. 
Department stores.
C. 
Supermarkets or convenience stores.
D. 
Restaurants, except as authorized § 135-134.
E. 
Gas stations.
F. 
Automotive, motorcycle, implement sales, service and repair.
G. 
Storage or parking of school or recreation vehicles.
H. 
Mini storage facilities.
I. 
Laundry or dry-cleaning establishments.
J. 
Truck or motor freight terminals.
K. 
Heliports.
L. 
The sale, display or storage of merchandise or goods, the performance of any commercial service or any sales or solicitation of sales on parking lots, parking areas, sidewalks, walkways or otherwise outside the confines of buildings or enclosures. The Commission may approve outdoor areas for the storage of materials, but only where any such storage area is completely screened from the view of adjoining uses, contiguous properties and adjoining roadways.
M. 
Vending machines of any kind installed or operated out of doors or upon the exterior of any part of the premises, except telephones, postal facilities and automatic teller machines.
N. 
Outdoor public address system or loudspeaker.
O. 
Outdoor advertising promotions, including aerial balloons, except for on-premises signs authorized by Article XXII.
P. 
Bulk storage of flammable materials for resale.
Q. 
Solar farms (except as permitted in § 135-134).
R. 
Heavy industrial uses, to include:
(1) 
Abattoir (slaughterhouse).
(2) 
Ammonia, bleaching powder or chlorine manufacture.
(3) 
Asphalt mixing plant.
(4) 
Blast furnace.
(5) 
Boiler works.
(6) 
Concrete mixing or batching plant.
(7) 
Distillation of coal, wood or bones.
(8) 
Distillation of turpentine or varnish.
(9) 
Emery or other abrasive cloth manufacture.
(10) 
Fertilizer manufacture.
(11) 
Fireworks or explosives manufacture or storage.
(12) 
Fish canning, curing, grinding or smoking.
(13) 
Garbage incineration other than in municipal plants or incidental to the operation of hotels, eating establishments and dwellings.
(14) 
Glue, size or gelatin manufacture.
(15) 
Grinding, cooking, boiling, rendering or storing of slaughterhouse refuse, or animal refuse, or rancid fats or refuse of dead animals.
(16) 
Iron, steel or copper works or foundries.
(17) 
Lime, cement, gypsum or plaster of paris manufacture.
(18) 
Manufacture of concrete or mortar.
(19) 
Petroleum, alcohol or asphalt refining, mixing or manufacture or storage.
(20) 
Pyroxylin or celluloid manufacture.
(21) 
Pulverizing of charcoal or coal.
(22) 
Smelting of iron.
(23) 
Soap manufacture.
(24) 
Stockyards.
(25) 
Sulphuric, nitric or hydrochloric acid manufacture.
(26) 
Tanning, curing or storing of raw hides or skins.
(27) 
Tetra-ethyl lead precipitate or liquid manufacture.
(28) 
Vinegar manufacture.
(29) 
Wool pulling and scouring.
(30) 
Yeast plants.
(31) 
Any other similar use which, in the opinion of the Board, might be injurious, noxious or offensive by reason of odor, fumes, dust, smoke, vibration, noise or other cause.

§ 135-136 Height regulations.

[Amended 2-13-2018 by Ord. No. 523; 1-12-2021 by Ord. No. 538]
No principal structure shall exceed three stories or 50 feet in height, except as provided in §135-258. When located within the I-R District, an office building may be erected to a height of no more than five stories.

§ 135-137 Lot area; lot width; building area; yards.

The following minimum requirements shall be observed, subject to the provisions of Article XXX:
A. 
Lot area. None.
B. 
Lot width. A lot shall have a width of not less than 150 feet at the building line.
C. 
Building area. Not more than 50% of the area of each lot or tract may be occupied by buildings, and not more than 80% of the area shall be paved and occupied by buildings or other uses.
D. 
Yards.
(1) 
Front yard, 30 feet unless confronting an R district, then the front yard shall be increased to 50 feet.
(2) 
Side yard, 30 feet unless adjacent to an R district, then the side yard shall be increased to 75 feet, except none required when a side yard abuts a railroad right-of-way.
(3) 
Rear yard, 30 feet unless adjacent to an R district, then the rear yard shall be increased to 75 feet, except none required when a rear yard abuts a railroad right-of-way.

§ 135-138 Performance requirements.

These regulations are intended to ensure a high quality environment in regards to health, safety and aesthetics. Establishments must meet all applicable state and federal requirements, as well as other Carroll County and Town of Hampstead regulations.
A. 
No operation or uses shall be permitted or maintained which cause or produce any of the following effects discernible outside the improvements or affecting any property in the surrounding area:
(1) 
Noise or vibration that is objectionable because of its volume, duration, intermittent beat, frequency or shrillness.
(2) 
Smoke.
(3) 
Noxious, toxic or corrosive fumes or gases.
(4) 
Obnoxious or offensive odors.
(5) 
Dust, dirt or fly ash.
(6) 
Unusual fire or explosive hazards.
(7) 
Emanation of intense glare or heat or electromagnetic, microwave, ultrasonic, laser or other radiation.
(8) 
Any other condition which will endanger public health and safety or be detrimental to the environment.
B. 
All permitted and conditional uses and accessory activities shall be confined within completely enclosed buildings with the exception of off-street parking spaces, off-street loading facilities, signs, solar panels, and recreational facilities.
[Amended 4-8-2008 by Ord. No. 444; 1-12-2021 by Ord. No. 538]
C. 
Truck loading, vehicle storage and dumpster spaces shall be situated to the rear or side of the building(s). If not totally screened by other buildings which are part of the project, truck parking and loading, and dumpster areas shall be completely shielded from the adjacent roadway(s). This may be accomplished by orientation, screen walls, mounding, landscaping or a combination of the above.
D. 
All mechanical equipment and exposed machinery, including roof-mounted, shall be enclosed or screened so as to be an integral part of the architectural design.
[Amended 1-12-2021 by Ord. No. 538]
E. 
Truck parking, delivery and loading areas are not permitted within 100 feet of any R district.
F. 
Automobile parking areas are not permitted within 25 feet of any R district.
G. 
Outdoor storage shall be limited to areas approved on the site and all such approved areas must be completely screened. Outdoor storage areas may not be located less than 200 feet from any residential district.
[Added 4-8-2008 by Ord. No. 444]
H. 
Any change in tenancy or occupancy shall require a zoning certificate issued by the Zoning Administrator to certify that the change in tenancy or occupancy conforms to the requirements of the zoning regulations and the approved site plan.
[Added 4-8-2008 by Ord. No. 444]
I. 
Bulk storage of fuel oil, gasoline or liquefied petroleum shall be limited to aboveground tanks no greater than 2,000 gallons and all such storage shall occur in such a manner as to minimize any possibility of leakage and groundwater contamination.
[Added 4-8-2008 by Ord. No. 444]
J. 
Any development where the cumulative gross floor area of the structure(s) exceeds 25,000 square feet shall have included with the site plan a water conservation plan to include an evaluation of potential water reuse options and requirements for mandatory water use reductions during drought emergencies imposed by the local governing body or State of Maryland.
[Added 4-8-2008 by Ord. No. 444]
K. 
Any new building or structure shall maximize the use of water saving plumbing and processes including water-saving fixtures and water-reclamation devices to the extent practicable.
[Added 4-8-2008 by Ord. No. 444]

§ 135-139 Design guidelines.

[Added 4-8-2008 by Ord. No. 444]
The Commission may adopt design guidelines for any zoning district or districts in addition to guidelines enumerated herein.
A. 
Exterior lighting.
(1) 
Lighting may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures must be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent dwellings and so that they do not unnecessarily light the night sky. Site lighting should use full cutoff fixtures as specified by the Illuminating Engineering Society of North America (IESNA).
(2) 
All exterior lighting, except security lighting, must be turned off between 11:00 p.m. and 6:00 a.m. unless located on the site of a commercial or industrial use which is open for business during that period.
(3) 
Wiring to light poles and standards must be underground.
(4) 
Building facades may be illuminated with soft lighting of low intensity that does not draw inordinate attention to the building. The light source for the building facade illumination must be concealed.
(5) 
Building entrances may be illuminated using recessed lighting in overhangs and soffits, or by use of spotlighting focused on the building entrances with the light source concealed (e.g., in landscaped areas). Direct lighting of limited exterior building areas is permitted when necessary for security purposes.
B. 
Buffering of adjacent uses.
(1) 
The development must provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of mechanical equipment and service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade, and/or a combination of these or other techniques.
(2) 
Buffering must be designed to provide a year-round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or a combination thereof.
(3) 
A development must provide sufficient buffering when topographical or other barriers do not provide reasonable screening and where there is a need to buffer the activities of the planned use from adjoining properties.
(4) 
The width of the buffer may vary depending on the nature of the area. Within densely built-up areas, a buffer with dense plantings, fencing, or changes in grade may be five feet to 10 feet in width. A buffer with moderate levels of planting should be 10 feet to 15 feet in width. In suburban and rural settings, the width of the vegetated buffer should be increased to a minimum of 25 feet. Areas adjacent to service, loading, or storage areas should be screened by dense planting, berms, fencing, or a combination thereof.
C. 
[1]Collection receptacles. All dumpsters or similar large collection receptacles for trash, recyclables or other waste materials must be located on level surfaces which are paved or a durable and dust-free surface as approved by the Commission. Where the dumpster or receptacle is located in a yard which abuts a residential or institutional use or a public street, it must be screened by fencing or landscaping.
[1]
Editor's Note: Former Subsection C, Storage of materials, was repealed 1-12-2021 by Ord. No. 538. This ordinance also redesignated former Subsections D through L as Subsections C through K, respectively.
D. 
Landscaping. Landscaping must be provided in accordance with the Carroll County Landscape Manual. The site design should include an emphasis on native Maryland species and drought-resistant plants. Irrigation or watering systems should use only recycled water or rainwater collected on site. The Commission may require any industrial development to submit a water conservation plan as part of the site plan approval process.
E. 
Building placement.
(1) 
The site design should avoid creating a building surrounded by a parking lot. In urban areas, buildings should be placed close to the street, in conformance with existing adjacent setbacks. In undeveloped areas, buildings should be set well back from the road so as to conform with the small-town character of the area.
(2) 
Where two or more buildings are proposed, the buildings should be grouped and linked with sidewalks; tree planting should be used to provide shade and break up the scale of the site. Plantings should be provided along the building edge, particularly where building facades consist of long or unbroken walls.
F. 
Building entrances.
(1) 
The main entrance to the building should be oriented to the street unless the parking layout or the grouping of the buildings justifies another approach, and should be clearly identified as such through building and site design, landscaping, and/or signage.
(2) 
At building entrance areas and dropoff areas, site furnishings such as benches and sitting walls and, if appropriate, bicycle racks shall be encouraged. Additional plantings may be desirable at these points to identify the building entrance and to complement the pedestrian activity at this point.
G. 
Sidewalks. Where an existing or planned public sidewalk is interrupted by a proposed project driveway, the sidewalk material must continue to be maintained across the driveway, or the driveway must be painted to distinguish it as a sidewalk. Further, if street trees exist on an adjacent property, street trees must be planted, in a like manner, on the new site.
H. 
Parking.
(1) 
Where possible, parking lots should be located to the side or rear of the building. Parking areas should be separated from the building by a minimum of five to 10 feet. The use of shared parking, shared driveways and the cross-connection of parking lots is encouraged.
(2) 
If the parking is in front, a generous landscaped buffer between road and parking lot is to be provided. Unused areas should be kept natural, as field, forest, wetland, etc.
(3) 
Landscaping around and within parking lots shades hot surfaces and visually "softens" the hard surface look of parking areas. Parking areas must be designed and landscaped to create a pedestrian-friendly environment. A landscaped border should be created around parking lots. Any parking lot containing 10 or more parking spaces must include one or more landscaped islands within the interior of the lot. There must be at least one island for every 20 spaces. Landscaping must screen the parking area from adjacent residential uses and from the street.
I. 
Landscaped roadside buffers.
(1) 
Whenever the area between the street and the front of the building is used for parking or vehicle movement, a vegetated buffer strip must be established along the edge of the road right-of-way. This buffer strip must soften the appearance of the site from the road and must create defined points of access to and egress from the site.
(2) 
The Commission may also require a landscaped buffer between the street and sidewalk in cases where the building fronts on the public street to create an appropriate pedestrian-friendly environment.
J. 
Building orientation. New buildings within a developed area should be compatible with the neighborhood such that they reflect the overall building bulk, square footage, dimensions, placement of the building on the lot and rhythm of buildings and spaces along the street edge and minimize the visual impact on the neighborhood. The visual impact of a building shall be measured by its relationship to other buildings on the lot, design of the front of the building, and the rhythm of buildings and open spaces along the street. The design of buildings fronting on a public street(s) shall be oriented to the street(s).
K. 
Building scale. When large new buildings or structures are proposed in built-up areas where their scale (size) and other features may be significantly different from that which already exists in the immediate neighborhood, care must be taken to design the new building or structure so that it is compatible with its neighbors. This may include making the building appear small, using traditional materials, styles and/or proportions.