Mount Airy City Zoning Code
ARTICLE VIII
Board of Appeals
§ 112-57 Authorization and appointment.
The Board of Appeals is hereby authorized. Such Board shall consist of five members, all of whom shall be taxpayers and residents of the Town of Mount Airy. The members of the Board of Appeals shall be appointed by the Mayor with the consent of the Town Council. Two members of said Board shall be appointed to serve for a period of one year; two for a period of two years; and one for a period of three years. Thereafter members shall be appointed for a period of three years. Vacancies shall be filled by appointment for the unexpired term only. Members of the Board shall serve without compensation. The Council shall designate one alternate member for the Board of Appeals who may be empowered to sit on the Board in the absence of any member of the Board; and when the alternate is absent the Town Council may designate a temporary alternate.
§ 112-58 Meetings.
A.
The members of the Board of Appeals shall meet at least once each year at such time and place as they may fix by resolution. They shall select one of their members as chairman and one vice chairman, who shall serve one year or until their successors have been selected. Special meetings may be called at any time by the chairman, or in his absence, by the vice chairman. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall make a transcript of all its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the Board and shall be a public record. All meetings of the Board shall be open to the public. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
B.
The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of time and place of such public hearing shall be published in a paper of general circulation in the Town of Mount Airy at least once, not more than 30 nor less than 15 days previous to the hearing. Such notice shall contain the particular address of location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal, and specifications of the proposed variance.
§ 112-59 Appeals.
A.
An appeal to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the Town of Mount Airy, affected by any decisions of the Zoning Administrator based in whole or in part upon the provisions of this chapter.
B.
Such appeal shall be filed with the Zoning Administrator and the Board of Appeals within 30 days from the decision being appealed from. Upon appeal, the Zoning Administrator shall transmit to the Board of Appeals all papers constituting the record upon which the action appealed form was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board that a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application on notice to the Zoning Administrator and on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal, give not less than 15 days' public notice thereof by the posting of not less than one sign of at least three square feet in area, containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made, and advertising in a weekly or daily paper of general circulation in the Town, as well as due notice to the parties in interest, and decide the same within 30 days of conclusion of the public hearing. Upon the hearing, any party may appear in person, by agent or by attorney.
C.
The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant upon any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
D.
A fee of $300 for variances, administrative error and special exceptions shall be paid to the Town at the time the application is filed. Charges will include the costs of the Town's employees and consultants. When the Board of Appeals concludes the matter the charges will be assessed, and if less than the fee imposed, a refund will be given to the applicant, and if greater, the applicant will be billed for the difference. Fifteen percent will be added to the total charges for the Town's administrative costs and overhead.
E.
The rates for charges shall be established from time to time by resolution of the Town Council. Charges will be billed monthly if in excess of the fee imposed as set forth above. If any charges are not paid within 60 days of billing the Town will withhold further review, approvals and/or issuance of any required permits until paid in full, together with interest at the rate of 1% per month or fraction thereof from the date of billing to the date of payment.
§ 112-60 Powers.
A.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter or any ordinance adopted pursuant to Article 66B.
B.
To hear and decide special exceptions to the terms of this chapter as required under this chapter.
C.
To authorize upon appeal in specific cases a variance from the terms of this chapter.
§ 112-61 Variances.
A.
Filing of variance.
(1)
An application may be made to the Board of Appeals for a variance where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The application must be on a form provided for that purpose by the Town. The applicant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board on the variance, whether such information in called for by the official form or not.
(2)
Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain subdivision approval, a building permit, or use certificate within 12 months from the date of authorization of the variance.
B.
Standards for variances. Where there is unnecessary hardship or practical difficulty, the Board may grant a variance in the application of the provisions of this chapter provided that the following findings are made where relevant in a given case:
[Amended 12-7-1998 by Ord. No. 1998-6]
(1)
That there are unique physical conditions including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship or practical difficulty is due to such conditions.
(2)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3)
That such unnecessary hardship or practical difficulty has not been created by the applicant or the applicant's predecessor in title.
(4)
That the variance, if authorized, will not alter the essential character of the neighborhood nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(6)
No grant of a variance shall be authorized unless the Board specifically finds that the condition for which the variance is sought is not so general or recurrent a nature to make reasonably practicable the formulation of a general regulation for such conditions
C.
Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it considers necessary to implement purposes of this chapter.
§ 112-62 Special exceptions.
A.
Filing of special exceptions.
(1)
(2)
Unless otherwise specified or extended by the Board of Appeals a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within 12 months of the date of the authorization of the special exception.
B.
Referral to Planning Commission. All applications for a special exception shall be referred to the Town Planning Commission for a recommendation.
C.
Conditions. The Board of Appeals, in passing upon special exception applications, may attach conditions considered necessary to protect the public welfare and the Town Master Plan, including conditions which are more restrictive than those established for other uses in the same zone.
D.
Application of extent-of-use regulations. The lot area, lot width and yard requirements as set forth in this chapter must be followed as the minimum by the Board of Appeals. Where no extent-of-use regulations are set forth for the particular use, the Board must impose extent-of-use requirements as necessary to protect the public welfare and the Town Master Plan.
E.
General standards.
(1)
A special exception may be granted when the Board of Appeals finds from a preponderance of the evidence produced at the hearing that:
(a)
The proposed use, including its nature, intensity and location, is in harmony with the intent of the Town Master Plan and the orderly and appropriate development of the district.
(b)
That adequate water supply, sewerage disposal, storm drainage and fire and police protection are or can be provided for the use.
(c)
That the use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences.
(d)
That the use will have proper location with respect to existing or future streets giving access to it, and will not create traffic congestion or cause industrial or commercial traffic to use residential streets.
(2)
The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact which are to be determined by the Board of Appeals.
F.
Specific standards for special exception uses. In addition to the general standards for all special exceptions as contained in § 112-62E, the following specific standards for particular uses must be met prior to the granting of a special exception:
(1)
Boarding house, lodging house. In a R-5 and R-7 District and subject to the requirements of that district except as herein provided:
(2)
Bulk storage of oil, petroleum, gasoline and similar flammable liquid and compressed gases. In an I District and subject to the requirements of that district except as herein provided:
(a)
Total storage not to exceed 200,000 gallons.
(b)
Each container shall be set back from the nearest line of adjoining property as follows:
Water Capacity of Container (gallons) | Underground Storage (feet) | Aboveground Storage | |
|---|---|---|---|
0 to 2,000 | 25 feet | 25 feet, plus 1 inch per each foot of height of the container. | |
2,001 to 30,000 | 50 feet | 50 feet, plus 1 inch per each foot of height of the container. | |
30,001 to 200,000 | 75 feet | 100 feet, plus 1 inch per each foot of height of the container. |
(c)
Storage of liquids above the ground shall be restricted by dikes sufficient in size to contain the amount of liquid stored.
(3)
Clubs, fraternal and service organizations. In R-5, R-7, CC and Mixed Use Districts, and subject to the requirements of the district in which located except as herein provided:
[Amended 9-11-2017 by Ord. No. 2017-7; 8-3-2020 by Ord. No. 2020-01]
(4)
Convalescent or nursing home. In R-5, R-7, CC and Mixed Use Districts and subject to the requirements of the district in which located except as herein provided.
[Amended 8-3-2020 by Ord. No. 2020-01]
(a)
Lot area: 30,000 square feet minimum.
(b)
Maximum density: one bed per 1,000 square feet of lot area.
(c)
Lot width: 150 feet minimum.
(d)
Yard, minimum for each: front 35 feet, side 30 feet, rear 60 feet.
(e)
Building coverage: 25% of the total lot area maximum.
[Amended 9-8-1997 by Ord. No. 1997-3]
(f)
Access must be on a major street as designated in the Town Master Plan.
(5)
Gasoline station. In CC District and subject to the requirements of the district in which located except as herein provided:
(a)
Buildings must be set back at least 40 feet from the street line.
(b)
Pumps must be set back at least 35 feet from all street right-of-ways.
(d)
Except along access drives, a concrete curb eight inches in height must be placed along all street right-of-way lines.
(e)
All lights shall be diverted toward the gasoline station or downward on the lot.
(f)
No outdoor stockpiling of tires or outdoor storage of trash is permitted. An area enclosed by a wall or fence, screened from view of adjoining properties, shall be provided whenever outdoor storage is required. No materials may be stored so as to create a fire hazard.
(7)
Home occupations. In all residential districts and subject to the requirements of the district in which located except as herein provided:
(a)
Persons residing in the dwelling only may be employed or engaged in the occupation. Accessory structures on property may used for the home occupation.
(b)
The character of external appearance of the dwelling unit or accessory structure must be that of a dwelling or its accessory structure. No display or products may be shown so as to be visible from outside the dwelling. A nameplate not larger than two square feet in area attached to the building and illuminated only by indirect lighting is permitted.
(c)
Not more than 25% of the ground floor area of a dwelling unit may be devoted to a home occupation.
(8)
Hospitals, institutions. In the CC District and subject to the requirements of the district as herein provided:
(a)
Lot area: two acres minimum.
(b)
Lot width: 200 feet minimum.
(c)
Yards: no portion of a building shall be within 50 feet of a lot line or street line.
(d)
The required parking shall not be permitted in front yard area.
(e)
Building coverage: 40% of the total lot area maximum.
(f)
Access must be on a major street as designated in the Town Master Plan.
(9)
Industrial center. In an I District and subject to the requirements of that district except as herein provided:
(a)
Lot area: five acres minimum.
(b)
Lot width: 300 feet minimum.
(c)
All buildings must be set back at least 50 feet from any property line and 100 feet from any street line.
(d)
Access must be on a major street as designated in the Town Master Plan. Traffic routes and exits shall be far enough from houses so that truck noise and vibration will be minimized.
(e)
A buffer yard 150 feet wide must be provided on the site in all instances where the site adjoins an R District. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, loading, or storage purposes. Parking is permitted in the buffer area provided that no parking is located closer to the property line than 1/2 the buffer setback.
(f)
Appearance should be harmonious with adjoining properties. This feature includes but is not limited to: landscaping, enclosure of principal and accessory uses, height control, sign control, building coverage, and architectural controls.
(10)
Nursery schools, child-care center. In all residential, NC and CC Districts and subject to the requirements of that district in which located except as herein provided:
(11)
Private school. In NC and CC Districts and subject to the requirements of the district in which located except as herein provided:
(12)
Professional office (physician, dentist, architect, engineer, attorney, or similar). In all residential districts and subject to the requirements of the district in which located except as herein provided:
(a)
The professional person must be a resident of the dwelling.
(b)
That there is not exterior evidence, other than a permitted sign not exceeding two square feet, to indicate that the building is being used for any purpose other than that of a dwelling.
(c)
That there is no show window or display window.
(d)
Only one person other than the resident professional may be employed.
(e)
Sufficient off-street parking in the side or rear yard must be provided with the minimum being three spaces per professional plus residential requirements.
(f)
The total area devoted to the office does not exceed 30 % of the square footage of the dwelling unit.
(13)
Public utility building. In all districts and subject to the requirements of the district in which located except as herein provided:
(a)
Side setback: as stated in the applicable zone but in no case less than 30 feet.
(b)
Unhoused equipment shall be enclosed with fence or wall not less than six feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than six inches in a dimension.
(c)
Housed equipment: when the equipment is totally enclosed with a building, no fence or screen planting shall be required and the yard shall be maintained in conformity with the district in which the facility is located.
(d)
Screen planting: the required fence for unhoused equipment shall be surrounded by evergreen plantings.
(14)
Residential uses. In CC District and subject to the requirements of that district except as herein provided:
(a)
Must be located within a structure that is existing on the date of adoption of this chapter or must be in conjunction with a commercial use (e.g., caretaker dwelling etc.); or located within a building that is principally for a commercial use.
(b)
Must comply with the parking requirements of this chapter.
(15)
Shopping centers. In NC and CC Districts and subject to the requirements of the district in which located except as herein provided:
(a)
Lot area: two acres minimum.
(b)
Lot width: 200 feet minimum.
(c)
All buildings must be set back at least 50 feet from any property line and 100 feet from a street line.
(d)
Parking must be provided at the minimum ratio of one parking space to 200 square feet of gross floor area.
(e)
Access must be on a major street as designated in the Town Master Plan (CC District only).
(f)
A buffer yard 100 feet wide must be provided on the site in all instances where the site adjoins an R District. The buffer yard shall be naturally landscaped, have no impervious cover and shall not be used for building, loading or storage purposes. Parking and access drives are permitted in the buffer area provided that it is located no closer to the property line than 1/2 the building setback, except where the property adjoins an R District.
[Amended 11-5-2001 by Ord. No. 2001-8]
(g)
Where the site adjoins a R District, the Board may require screen planting to screen the buildings from the R District.
(h)
In a NC District the gross floor area of the shopping center shall not exceed 25,000 square feet and the shopping center shall not contain more than 15 stores, shops or establishments.
(16)
Elderly housing, apartments and condominiums. In R3, R5, R7 and CC Districts and subject to the requirements of the district in which located except as herein required.
(a)
Maximum permitted density is 12 units per acre.
(c)
Maximum building coverage: 25% of the total lot area.
(d)
Two parking spaces per unit are required.
(e)
An elevator must be provided for all units not accessible from the same level as the exterior entrance. All common areas and individual units must be handicap accessible.
(f)
The primary road providing access to the site must be a collector or higher classification road, or access must be approved in writing by both the Planning Commission and emergency services.
(g)
Covenants must be developed to require that:
[Amended 5-6-2002 by Ord. No. 2002-4]
[1]
Occupancy be restricted to persons 55 years of age or older, or who are permanently totally disabled, provided in that instance that at least one resident be 55 years of age or older. For purposes of this section, ”permanently totally disabled” means a disability (mental or physical) which has existed or is expected to last for at least one year, and is of a nature that would meet the definitions of total disability under the Federal Social Security Program or permanent total disability as defined for purposes of Maryland Workers' Compensation Law.
[2]
All exterior areas and improvements therein must be managed under a common maintenance agreement, (excluding areas to be dedicated to or maintained by the Town).
(17)
Family apartment. In all residential districts and subject to the requirements of the district except as herein provided:
[Amended 9-8-1997 by Ord. No. 1997-2]
(a)
The family apartment must be in an owner-occupied dwelling unit.
(b)
Only one family apartment per dwelling of which no more than 30% of the gross floor area of the principal structure is utilized for the apartment.
(c)
Two additional parking spaces shall be provided for the family apartment.
(d)
At least one owner of the property must reside in the principal dwelling. If such residency ceases for a period of more than 60 days consecutively, then the use of the family apartment shall cease.
(e)
If a separate entrance is utilized, it shall be to the side or rear of the structure in order to maintain the appearance of a single-family residence.
(f)
The applicant for special exception must prepare at his, her, or their expense a deed covenant in form suitable for recording which covenants that any apartment use of the property is subject to the provisions of this chapter. Said deed covenant shall be in form satisfactory to the Town Attorney, and after proper execution and the granting of any special exception, shall be delivered to the Town Attorney for recording at the applicant's expense.
(g)
On or before January 30th of each and every year, the owners of any property for which such a special exception is granted shall file with the Town Clerk an affidavit certifying as true and correct that at least one owner of the property is residing in the principal dwelling on the property and that the family apartment is occupied by no one other than persons having a parent-child, child-parent or in-law relationship with one of the owners. The Zoning Administrator shall establish the form of such affidavit, which form shall be made available at the Town Hall for the use of persons who have been granted such a special exception. The failure to file such affidavit on time or the making of any material misstatement of fact therein shall be cause for immediate revocation of the special exception, which revocation may be accomplished by a notice from the Zoning Administrator, to the last known address of the owner or owners of the property, after approval of such action by the Town Council.
(18)
Veterinarian clinics. In all residential districts subject to the requirements of those districts wherein located except as herein provided:
(a)
One professional veterinarian who must be a resident of the dwelling on the property and one additional veterinarian.
(b)
All operations in connection with the clinic must be conducted indoors.
(c)
One person, other than the professional veterinarians, may be employed full-time plus one part-time employee for maintenance of the clinic facility.
(d)
That there is no exterior evidence other than a permitted sign not exceeding 16 square feet to indicate that the building is being used for other than residential purposes.
(e)
Sufficient off-street parking in the side or rear yard must be provided with nine spaces being the minimum for the clinic use and two space for the residential use.
(f)
The total building area devoted to the clinic may not exceed 10 % of the land area of the site.
(g)
No work on large animals (bovine or equine) is to be performed on the premises.
(h)
Must have direct access onto a collector or higher classification roadway as designated in the Town Master Plan.
(i)
The minimum lot area must be 30,000 square feet.
(k)
Screening and buffers must be provided where the site abuts residential zoning districts and must include no less than two off-set rows of coniferous plantings with five-foot separation plus a hedge planting.
(l)
No crematorium or incinerator device may be used on the site in conjunction with the clinic operation.
(19)
Churches, schools, libraries, community centers. In all residential districts, subject to the requirements of the district wherein located, except as herein provided:
(a)
Lot area: one acre minimum.
(b)
Lot width: 150 feet minimum.
(c)
No building shall be located within 100 feet of a street line and 50 feet of any property line.
(d)
Building coverage: 25% maximum.
(e)
Access must be on a major street as designated in the Town Master Plan.
(f)
Screening and buffers must be provided where the site abuts residentially used properties.
(20)
Fire and rescue stations. In all districts and subject to the requirements of the district except as herein provided:
(a)
Lot area: two-acre minimum.
(b)
Lot width: 200 feet minimum.
(c)
No building shall be located within 50 feet of any street or property line.
(d)
Access must be on a collector or higher classification roadway as designated in the Town Master Plan.
(e)
Where the site abuts residentially used or zoned properties, no parking or driveways shall be located within 25 feet of any property line and screening and buffers must be provided along property lines.
(f)
Accessory uses for a fire or rescue station in a residential zone may include use of meeting rooms by the public but shall exclude social and fundraising events such as bingo, carnivals, dances, etc.
(21)
Elderly housing, detached and attached units. In all residential districts and subject to the requirements of the district in which located except as herein provided:
(a)
Maximum permitted density is eight units per acre.
(b)
No more than four units may be attached in any one grouping.
(c)
The overall site must meet the setback requirements of the district in which located; however, individual units shall not be required to conform to setback requirements unless so required by the Planning Commission.
(d)
Two paved parking spaces per unit are required. One of the paved spaces must be reserved for and directly accessible to each unit.
(e)
The primary road providing access to the site must be a collector or higher classification road, or access must be approved in writing by both the Planning Commission and emergency services.
(f)
All major living spaces must be handicap accessible, and a handicap accessible entrance is required from the parking area to each dwelling unit.
(g)
Covenants must be developed to require that:
[Amended 5-6-2002 by Ord. No. 2002-4]
[1]
Occupancy be restricted to persons 55 years of age or older, or who are permanently totally disabled, provided in that instance that at least one resident be 55 years of age or older. For purposes on this section, ”permanently totally disabled” means a disability (mental or physical) which has existed or is expected to last for at least one year, and is of a nature that would meet the definitions of total disability under the Federal Social Security Program or permanent total disability as defined for purposes of Maryland Workers' Compensation Law.
[2]
Each dwelling unit must be occupied by the owner, or a grandparent, parent, spouse, child, or other lineal descendant of the legal owner, or occupied by a beneficiary of a trust established by or for the benefit of such occupant, and
[3]
All exterior areas and improvements therein must be managed under a common maintenance agreement, (excluding areas to be dedicated to or maintained by the Town).
(22)
Accessory apartment. In all residential districts and subject to the requirements of the district except as herein provided:
[Added 10-6-1997 by Ord. No. 1997-4]
(a)
Accessory apartment must be in owner-occupied dwelling.
(b)
No external structural changes can be made to the existing structure (except minor appurtenance changes such as fire escapes, dormer windows, etc.)
(c)
Off-street parking can be provided in accordance with the zoning requirements for each dwelling unit or apartment.
(d)
Only one accessory unit, with no minimum floor area, would be permitted for each 900 square feet of gross floor area in the existing structure.
(e)
The structure to be converted must have existed prior to October 8, 1951, and contain at least 1,800 square feet of gross floor area for conversion to be approved.
(f)
There will no minimum lot size or density provisions providing the above requirements are met.
(23)
Retail and commercial uses in excess of 65,000 square feet. Retail or commercial uses in excess of gross flooring area of 65,000 square feet for a single establishment or a group of four or less in the CC District, subject to the requirements of the CC District except as herein provided:
[Added 8-6-2001 by Ord. No. 2001-7]
(a)
Lot area: 15 acres minimum.
(b)
All buildings must be set back at least 100 feet from the street lines and 100 feet from all property lines, except 200 feet from residential lines where adjacent property is in a residential zone.
(c)
Parking is required at a minimum ratio of one parking space to 200 square feet of gross store area.
(d)
Access must be on a single major collector street.
(e)
A buffer yard 100 feet wide must be provided on the site in all instances in which the site adjoins a R District. The buffer yards shall be naturally landscaped and plantings shall include (but are not limited to) berms, plantings, fences and other barriers. Except where property adjoins a R District, parking and access drives are permitted in the buffer area, provided they are located no closer to the property line than 1/2 the building setback.
(f)
Where the site adjoins a R District, the Board may require screen plantings (specifying spacing, height, and diameter/caliper of plantings) and/or fencing to screen buildings from the R District and provide protection to the R District.
(g)
The following lighting standards, in addition to those found in § 112-18 of this chapter, shall apply:
[1]
All lighting shall be consistent with current Town lighting, e.g., high-density sodium lighting.
[2]
Poles shall not exceed 30 feet in height, or 25 feet on the perimeter of the property.
[3]
Lamp wattage in each fixture shall not exceed 400 watts.
[4]
Full cutoff adjustable fixtures shall be required for lighting, including wall packs.
[5]
Floodlights shall be prohibited.
(h)
Uses. Any commercial use permitted in the CC District.
(24)
Nonresident professional offices. In all residential districts and subject to the requirements of the districts in which located in addition to the requirements herein provided:
[Added 7-7-2003 by Ord. No. 2003-12; amended 6-4-2007 by Ord. No. 2007-16]
(a)
Primary professional shall be defined to include physician, dentist, architect, insurance sales, engineer, surveyor, attorney or other position requiring training and licensing and the like but shall not include paraprofessionals or positions serving to support the primary professional such as dental hygienists and veterinarian technicians.
(b)
Residency of a professional in a building is preferred but not required.
(c)
No more than two primary professionals of a similar profession shall be permitted to have offices in the property, and no more than two such primary professionals shall be present and working on the premises at any time.
(d)
The character of the external appearance of the building and accessory structures must be that of a dwelling or its accessory structures. No display or shop window is permitted, and no display or products may be shown so as to be visible from outside the dwelling. A nameplate not larger than two square feet in area attached to the building and illuminated only by indirect lighting is permitted. Other outdoor signs, including sidewalk sandwich signs, shall not be permitted except to the extent permitted in residential zones.
(e)
The building and grounds must be maintained and in compliance with all applicable housing and maintenance codes.
(f)
Not more than five total employees, including primary professionals, supporting professionals and paraprofessionals, support staff and nonprofessionals, shall be present and working at the premises at the same time. Hours must be limited to 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 4:00 p.m. on Saturdays and legal holidays. Sunday hours shall not be permitted.
(g)
Sufficient off-street parking in the side or rear yard must be provided, with a minimum of three spaces per professional plus those required for residential use, if any.
(h)
The property must be a residential-style, detached building with a minimum lot size of 20,000 square feet and located on a corner lot with frontage on at least one major collector street or arterial road.
(i)
The lot must either adjoin or confront, in whole or part, property zoned commercial or industrial.
[Amended 11-5-2012 by Ord. No. 2012-9]
(j)
The proposed usage is subject to site plan approval by the Planning and Zoning Commission.
(25)
Freestanding signs. More than one freestanding sign on a property may be permitted in commercial and industrial districts as a special exception use as long as the freestanding signs call attention to a business, service or industry conducted on the premises upon which the sign is located or within the Town limits, which serves to direct the public to the business site or sites, subject to all other standards for freestanding signs, including but not limited to illumination, size, total permitted area given the road frontage and setback requirements.
[Added 1-16-2001 by Ord. No. 2000-6]
(26)
Bed-and-breakfasts. Bed-and-breakfast facilities in the CC, NP, LC and RE zones, subject to the following conditions:
[Added 10-4-2004 by Ord. No. 2004-8]
(a)
The primary use of the structure and property shall be residential.
(b)
Individual bed-and-breakfast units shall not contain cooking facilities.
(c)
Interior residential features shall be retained in a manner which allows reconversion to a residential use.
(d)
The dwelling shall be owner-occupied and managed.
(e)
No more than four rooms shall be rented.
(f)
Parking shall be provided on site with one additional space required for each room that is available to be rented.
(g)
The use of the property as a bed-and-breakfast shall be shown by the owner not to be detrimental to the neighborhood.
(h)
Other than an authorized sign, the bed-and-breakfast use shall be shown to be compatible with the neighborhood and shall be maintained and landscaped to eliminate outward signs of transient use.
(i)
No residential structure shall be removed in order to allow for a bed-and-breakfast use or removed for parking for such a use.
(j)
Meals shall be served only to customers who are actually using the bed-and-breakfast accommodations overnight, nonpaying residents, or their bonafide guests.
(k)
The maximum stay for each customer using the bed-and-breakfast accommodations shall be 14 days, and a guest book shall be maintained by the owner which accurately identifies all customers for each night's lodging.
(l)
No more than one nonresident person may be employed on the premises on a full-time basis (i.e., at least 35 hours per week).
(m)
A bed-and-breakfast shall not have any sign or other evidence of its use except one sign not exceeding two feet by three feet in area, which may be double-faced and illuminated by indirect lighting.
(n)
The Board shall not approve a proposed bed-and-breakfast use unless it finds that the use will achieve a maximum of compatibility, safety, efficiency and attractiveness. In making such determination, the fact the proposed bed-and-breakfast complies with all other stated general regulations contained in this Subsection F(26) (as well as all general development standards or other specific requirements of the applicable zone within the Town) shall not be deemed to create a presumption that the proposed bed-and-breakfast use is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require its approval.
(o)
Notwithstanding anything contained herein to the contrary, a bed-and-breakfast use shall not be permitted on any lot which is included within a plat of subdivision if such plat was recorded among the Land Records of Frederick or Carroll Counties after January 1, 1951.
(27)
Second floor outdoor dining/seating. Second floor outdoor dining/seating in the DTZ District, subject to the following conditions:
[Added 10-4-2010 by Ord. No. 2010-6]
(a)
Any restaurant establishment offering outdoor second floor dining/seating must have an indoor dining/seating area of a size at least equivalent in size or greater than the outdoor dining/seating area.
(b)
The maximum size of the outdoor second floor dining/seating area shall be greater than 1,000 square feet.
(c)
Any second floor outdoor dining/seating area must be covered by a permanent, solid roofing structure and covered with acoustical tiling or sound-absorbing materials. No temporary roofs, tents or awnings shall be permitted.
(d)
Any outdoor second floor dining/seating area shall be surrounded on all sides by a wall, constructed of either completely solid materials such as masonry or a combination of solid and opaque materials, at a total minimum height of 48 inches, designed in order to prevent objects from being placed upon or falling over the wall and for safety purposes to prevent people from sitting on, leaning over or falling over the wall.
(e)
Any outdoor second floor dining seating area shall have self-closing doors which shall not be propped open.
(f)
Hours of service shall be limited to 10:00 a.m. to 9:00 p.m., and said area must be vacated by 10:00 p.m., at which time lights, other than safety and security lighting, shall not be provided except for one hour for the purposes of trash removal and cleanup.
(g)
Beverages shall be served only in paper or plastic containers. Glass containers of any type shall be prohibited in an outdoor second floor dining/seating area.
(h)
The service and consumption of any alcoholic beverages in any outdoor second floor dining/seating area shall be in strict compliance with all state and local alcoholic beverage laws and may be served in second floor outdoor dining areas only in conjunction with the service of food and meals.
(i)
Operation of any outdoor second floor dining/seating area shall comply with all state and local noise ordinances.
(j)
Operation and use of any outdoor second floor dining/seating area may be throughout the entire calendar year.
(k)
The operation of any outdoor second floor dining/seating area shall be required to comply with all state and local laws, codes, regulations and ordinances and all licensing and permitting requirements, including but not limited to all Health Department and Liquor Board laws and regulations. The business owner and/or property owner shall be responsible for any violations of noise, public nuisance and hours of operation requirements.
(l)
The outdoor second floor dining area mast be cleared of trash and food waste within one hour of the time the dining area is vacated.
(m)
Lighting must adhere to Town standards.
(n)
Outdoor second floor dining areas shall be subject to the site plan review and approval by the Town of Mount Airy Planning Commission.
(o)
A second floor dining area shall be subject to the same development requirements as indoor areas, including, but not limited to, parking requirements, water use and capacity.
(p)
The use of any outdoor sound amplification device is prohibited.
(q)
Second floor outdoor dining areas shall be located so as not to obstruct sidewalks and parking areas, and placement shall be limited to areas bordering Main Street, Center Street to the extent located within the DTZ District, the first 250 feet of Prospect as it intersects with North Main Street, and the first 250 feet of Park Avenue as it intersects with South Main Street.
(r)
The Town's design guideline must be utilized to the fullest extent to ensure architectural design compatibility with both the existing building and the architectural theme of the existing downtown buildings.
(28)
Child-care facilities in single-user buildings with a designated outdoor play yard in the Industrial District. Subject and in addition to the requirements of the Industrial District:
[Added 8-1-2011 by Ord. No. 2011-5]
(29)
Mixed-use development in a CC District (MXU-CC), subject to the following:
[Added 9-11-2017 by Ord. No. 2017-7]
(a)
MXU-CC shall facilitate the integrated and orderly development of commercial, office, and residential uses on vacant tracts of Community Commercial (CC) zoned land in locations where high-quality mixed-use developments can occur in harmony with surrounding land uses.
(b)
Minimum tract size. The vacant tract must be a minimum of 10 acres in order to be considered for MXU-CC.
(30)
Tobacco shops, vape shops, and cannabis businesses and hemp businesses that sell, dispense, otherwise distribute, store, extract, or otherwise process incidental to a dispensary operation authorized by the Town Code, but do not grow, Cannabis or Hemp, subject to the following:
[Added 11-6-2023 by Ord. No. 2023-39]
(a)
Any and all applicable provisions, restrictions, licensing requirements or conditions of the Town, County or Maryland Code, or other applicable laws.
(b)
For cannabis and hemp businesses, control and mitigation systems shall be incorporated to restrict and mitigate odors so that, at a minimum, odors from product shall not be detected beyond the indoor areas to the buildings or improvements. Such control and mitigation systems may include building pressure, exhaust, and deodorizing systems, carbon filtration, dehumidification, fogging, and if practical the proper sealing of rooms storing or containing product within the business. The Town may require blower door testing as a condition to the issuance of a use and occupancy permit.
(c)
A tobacco shop, vape shop, cannabis business or hemp business may not be located within a 1,000 feet radius of a preexisting primary or secondary school, or a licensed child-care center or registered family child-care home, martial arts or dance studio, a playground, recreation center, library, pediatric medical office, church or other house of worship, or public park. The 1,000 feet buffer distance shall be measured as the shortest straight- line distance from the property line of the proposed tobacco shop, vape shop, cannabis business or hemp business location to the property line of any of the locations listed above.
(d)
A tobacco shop, vape shop, cannabis business or hemp business may not be located within a 500 feet radius of a preexisting residence. The 500 feet buffer distance shall be measured as the shortest straight- line distance from the property line of the proposed tobacco shop, vape shop, cannabis business or hemp business location to the property line of the residence.
(e)
The business may not be located within a 1,000 feet radius of another tobacco shop, vape shop, cannabis business or hemp business. The 1,000 feet buffer distance shall be measured as the shortest straight- line distance front the property line of the proposed tobacco shop, vape shop, cannabis business or hemp business location to the property line of the other closest tobacco shop, vape shop, cannabis business or hemp business.
(f)
No tobacco shop, vape shop, cannabis business or hemp business shall open earlier than 9:00 a.m. nor close later than 9:00 p.m.
(g)
Signage for tobacco shops, vape shops, cannabis businesses or hemp businesses shall be in compliance with § 112-11. Signage visible from outside such a business may only contain essential text identifying the business or trade name, location, contact information, hours of operation, the business type ( i.e., "shop," or "dispensary") and product sold (i.e., " tobacco," "vape," "Cannabis," "Hemp," "CBD").
§ 112-63 Permits issued by Board.
Use of building permitted by Board shall be established within 12 months. No order of the Board permitting a use of a building or premises shall be valid for a period longer than 12 months, unless such use is established within such period; provided, however, that where such permitted use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a zoning certificate for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such certificate.
§ 112-64 Appeals to court.
A.
Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or by any reclassification by the Town Council, or any taxpayer, or any officer, department, board, or bureau of Mount Airy may appeal the same to the circuit court of the county. Such appeal shall be taken according to the Maryland Rules as set forth in Chapter 1100, Subtitle B.
B.
An appeal, from any decision of the circuit court reviewing a decision of the Board of Appeals may be taken to the Court of Special Appeals of Maryland during the period and in the manner prescribed by the rules of the court of appeals.
§ 112-64.1 Restrictions on applications following disapproval by the Board of Appeals.
[Added 6-7-2004 by Ord. No. 2004-4]
If an application for variance or special exception is disapproved by the Board, thereafter the Board shall take no further action on another application for the same or a substantially similar proposal, on the same premises, until two years have passed from the date of such disapproval.