Smithsburg City Zoning Code
ARTICLE V
Supplemental Regulations
§ 405-26 Environmental protection.
A.
Floodplains.
(1)
Purpose. The purposes of this subsection are to minimize property damage, encourage appropriate construction practices to minimize future damages, and protect water supply, sanitary sewage disposal, and natural drainage. The prevention of unwise development in areas subject to flooding will reduce financial burdens to the community and the state and will prevent future displacement and suffering of its residents. This protection is achieved through the review of all activities proposed within identified floodplains and by the issuance of permits for those activities that comply with the objectives of this subsection.
(2)
Administration. The Zoning Administrator shall only issue permit approvals when an application has met all criteria set forth in the Washington County Floodplain Management Ordinance, as amended.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Forest conservation.
(1)
Purpose. The purpose of this subsection is to provide requirements and guidance for the preservation or replanting, whichever is applicable, of trees or forests during certain development activities requiring forest stand delineations, forest conservation plans, maintenance agreements and sureties.
(2)
Administration. The Town of Smithsburg on March 3, 1992, pursuant to the Natural Resources Article, § 5-1603(a), of the Annotated Code of Maryland, assigned its obligation to have a forest conservation ordinance to Washington County, Maryland. The Board of County Commissions adopted the Washington County Forest Conservation Ordinance on February 2, 1993. The Zoning Administrator shall only issue permit approval when an application has met all criteria set forth in the Washington County Forest Conservation Ordinance, as amended.
§ 405-27 Special setback requirements.
All uses or buildings subject to compliance with this section shall be located at least 200 feet from any lot occupied by a dwelling, school, church, or institution for human care not located on the same lot or property as the said uses or buildings or any lot which is within a residential land subdivision duly recorded in the land records of Washington County.
§ 405-28 General performance standards.
No land or structure in any zoning district shall be used or occupied in any manner that creates any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, electromagnetic or other condition, in such manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises.
A.
Performance standard procedure. With the exception of residential uses as listed in Article III, the applicant for a zoning permit for any other principal or accessory use shall include with such application an affidavit acknowledging his understanding of the performance standards specified herein and applicable to such use and affirming his agreement to conduct or operate such use at all times in conformance with such standards. Where there is reason to believe that the nature of the proposed use would make it difficult to comply with the applicable standards, the Zoning Administrator may require the applicant to submit plans of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed in this section; provided, however, that an applicant shall not be required to reveal the secret details of industrial or trade data and may specify that the plans or other information submitted pursuant to this section shall be treated as a confidential matter.
B.
Standards applicable to other uses. Regardless of whether or not a use is required to comply with the procedure specified in Subsection A above, every use shall comply with the performance standards themselves.
C.
Standards for noise and vibration control. All uses shall comply with the "10.03.45 Regulations Governing the Control of Noise in the State of Maryland," as adopted by the Secretary of Health and Mental Hygiene pursuant to Article 41, § 245(c), of the Annotated Code.
D.
Standards for air quality control. All uses shall comply with the "10.03.35 Regulations Governing the Control of Air Pollution in the State of Maryland" and the "10.03.36 Regulations Governing the Control of Air Pollution in Area 1," as adopted by the Secretary of Health and Mental Hygiene pursuant to Article 43, § 697, of the Annotated Code.
E.
Standards for water supply, sewerage, stormwater and refuse disposal. All uses shall comply with the "10.03.27 Regulations Governing Individual Water and Sewerage Systems" or the "10.03.28 Regulations Governing Water Supply and Sewerage Systems in the Subdivision of Land" and the "10.03.30 Regulations Governing the Submission of Plans for Approval and Record of Systems of Water Supply, Sewerage, Stormwater and Refuse Disposal," as adopted by the Secretary of Health and Mental Hygiene pursuant to Article 43 of the Annotated Code.
F.
Standards for fire and explosion hazards. All uses involving flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion in the use and storage of such materials and with adequate firefighting and fire-suppression equipment acceptable to the State Fire Marshal.
G.
Standards for water quality. All uses shall comply with the "Water Resource Regulation 4.7, Requirements for a Discharge Permit," and the "Water Resource Regulation 4.8, General Water Quality Criteria and Specific Water Quality Standards for all Maryland Waters," as adopted pursuant to Article 96A of the Annotated Code.
§ 405-29 Planned residential development.
The plans and other required supplementary data for a proposed planned residential development shall be designed, prepared and submitted for review and approval in accordance with the requirements and procedures specified in Chapter 335, Subdivision of Land, of this Code.
§ 405-30 Shopping centers and malls.
A.
Development standards. The uses permitted shall be those permitted in the appropriate district or as granted a special exception by the Board of Zoning Appeals.
B.
Site design.
(1)
The project shall provide a unified arrangement of buildings, service areas, parking and landscaped areas.
(2)
The project shall be designed with regard to the topography and other natural features of the parcel.
(3)
Materials, massing and facade design for the project shall be harmonious with the character of the neighborhood.
(4)
Outside storage shall be limited as applicable in the appropriate district.
(5)
The internal circulation system shall be designed to minimize through traffic conflicts within the project.
C.
Bulk regulations.
(1)
Minimum lot size of two acres. The site shall be of a shape suitable for shopping center development.
(2)
Minimum frontage of 100 feet.
D.
Loading and service areas.
(1)
All establishments must have vehicular service access either from an individual service drive or from a common service yard.
(2)
All such service areas must be segregated from public areas and screened from public view.
(3)
Adequate off-street loading space shall be provided per Article VI.
E.
Landscaping and buffer areas.
(1)
Any part of a lot not used for buildings or other structures, or paved for off-street parking, loading and maneuvering areas, drives and pedestrian walks or incidental outside storage, shall be landscaped and properly maintained.
(2)
All parking lots, services, loading areas and outdoor storage areas shall be separated with landscaped buffer yards of at least 25 feet from any adjacent residential districts. No planting shall be located within 10 feet of any public street right-of-way line.
(3)
No building or accessory structure shall be located within 50 feet of any boundary line which adjoins a residential district. If deemed necessary by the Planning Commission, it shall be screened by a solid wall of compact evergreen hedge at least six feet in height or by such other device as may be deemed appropriate and adequate. All screening shall be continuously maintained.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F.
Signage.
(1)
In addition to building-mounted signs as permitted and regulated in Article VII, one additional sign shall be permitted, provided the sign does not exceed 300 square feet in area and 35 feet in height. The signs shall include the names of the shopping center and/or the establishments located therein. Any shopping center fronting on more than one street may be permitted an additional sign. Signs shall be located in such a manner that no part of the supporting structure is less than 25 feet from the street right-of-way and no part of the sign shall be closer than five feet to the right-of-way line.
(2)
Signs to identify the use of an occupant shall be designed as part of the architectural design of the building and attached thereto.
(3)
Directional information signs shall be adequately provided and design coordinated.
(4)
The following types of signs shall not be permitted in a shopping center:
(a)
Billboards.
(b)
Any form of sign advertising a business, profession, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, except that the directory of occupants of the integrated community shopping center is not included in this prohibition.
(c)
Flashing, revolving, or rotating signs or signs that change light intensity or color.
G.
Specific design requirements.
(1)
Maximum impervious surface not to exceed 90%.
(2)
No accessory structure shall be within 40 feet of the public road right-of-way or within 10 feet of parking areas.
(3)
No building or accessory structure shall be less than 50 feet from an adjacent residential district.
(4)
Public streets and/or private drives shall be located a minimum of 50 feet from any existing residential building or attached structure.
§ 405-31 Hotel and motels.
A.
Impermeable site coverage (parking areas, building area, and other paved surfaces) shall not be greater than 90% of the gross area of the site.
B.
Adequate provision shall be made for storage and collection of refuse and shall be effectively screened.
C.
Permeable areas of the site shall be planted with ground cover, shrubs, and trees and, if adjacent to any lot occupied by a dwelling, school, church, or institution for human care not located on the same lot as said use or buildings or any lot which is part of a duly recorded subdivision, shall be effectively screened.
D.
No building or accessory use shall be located within 50 feet of any boundary line which adjoins a residential district. If deemed necessary by the Planning Commission, it shall be screened by a solid wall of compact evergreen hedge at least six feet in height or by such other device as may be deemed appropriate and adequate. All screening shall be continuously maintained.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E.
All parking lots, services lanes, loading areas and outdoor storage areas shall be separated with landscaped buffer yards of at least 25 feet from any adjacent residential district and roads. No planting shall be located within 10 feet of any public right-of-way line.
F.
No accessory structure shall be within 40 feet of the public road rights-of-way or within 10 feet of parking areas.
G.
Public streets and/or private entrances and drives shall be located a minimum of 50 feet from an existing residential building or attached structure.
§ 405-32 Industrial parks.
A.
Site coverage. Impermeable site coverage (parking areas, building area, and other paved surfaces) shall not be greater than 80% of the gross land area.
B.
Performance standards. No use will be established, maintained, or conducted in an industrial park that creates the following in a manner that is hazardous, offensive, or objectionable to other uses, therein or adjacent. The standards for those items listed are set forth in the State of Maryland Code of Regulations (COMAR).
(1)
Dissemination of smoke, fumes, gas, dust, odor or any atmosphere pollutant.
(2)
Noise.
(3)
Physical hazard by reason of fire, explosion, radiation or similar cause to any property either within or beyond the confines of the industrial park.
(4)
Dissemination of glare or vibration beyond the immediate site on which such use is conducted.
(5)
Discharge of any waste material whatsoever into any watercourse or storm drainage facility.
C.
Setbacks.
(1)
Front. All buildings and structures shall be set back at least 50 feet from the nearest right-of-way line of any street.
(2)
Side and rear. No building or structure shall be located closer to any side or rear property line than 50 feet.
(3)
When adjacent to a residential district, the setbacks shall be no less than 100 feet.
D.
Parking. No parking of any vehicle shall be permitted upon any street or roadway within the industrial park. Off-street parking facilities shall be provided and maintained on each lot as follows, except as otherwise approved by the Planning Commission:
(1)
All parking areas shall be paved (with an erosion-resistant surface), maintained and provided with an access to a public street.
(2)
Owner will supply adequate parking space for all employees on the property conveyed.
(3)
One off-street parking space shall be provided for each company-owned or -operated vehicles and shall be of such dimension to permit entirely the accommodation of such vehicle without encroachment on any aisle, passageway, or driveway.
(4)
Parking facilities may be provided within required front, side or rear yard areas, but in no case shall such facilities be permitted closer than 20 feet to a front, side or rear property boundary line.
E.
Off-street loading requirements.
(1)
Adequate off-street loading space shall be provided on each lot. (See Article VI.)
(2)
No off-street loading facility shall be permitted within any front yard or any side yard on the street side of a building. All off-street loading spaces shall be properly paved with an erosion-resistant surface and maintained.
F.
Storage. All outside storage of products in the finished state or late stages of construction will be provided with adequate screening.
G.
Landscaping and buffer areas.
(1)
All open portions of any lot not improved for parking, loading, driveways or walkways shall be adequately drained and graded and shall be suitably landscaped with trees, shrubs or planted ground cover or by such suitable means as may be approved by the Planning Commission and maintained in a neat and attractive condition at all times thereafter. Landscaping shall be completed within one year after substantial completion or occupancy of the building.
(2)
All parking lots, service lanes, loading areas and outdoor storage areas shall be separated with landscaped buffer yards of at least 50 feet from any adjacent residential districts. No planting shall be located within 10 feet of any public street right-of-way line.
(3)
No building or accessory structure shall be located within 100 feet of any boundary line which adjoins a residential district. If deemed necessary by the Planning Commission, said structure shall be screened by a solid wall of compact evergreen hedge at least six feet in height or by such other device as may be deemed appropriate and adequate. All screening shall be continuously maintained.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 405-33 Site plan requirements.
A.
Requirements. Prerequisite to the issuance of a zoning permit, a site plan shall be submitted to the Zoning Administrator for approval by the Planning Commission for all multiple-family dwellings, townhouses, churches and other places of worship, schools and other educational facilities, hospitals and health care facilities, all new commercial and industrial structures and for all proposed construction that may result in a substantial change of use classification, alteration of on-site parking requirements, potential adverse impacts of off-site stormwater drainage, increased demand for public water and sewerage or additions which will cause the rerouting of traffic circulation.
B.
Submission procedure.
(1)
Site plans shall be prepared by a registered profession engineer, registered architect or landscape architect or registered land surveyor licensed to practice in the State of Maryland.
(2)
In those cases where no subdivision of land is required under Chapter 335, Subdivision of Land, a minimum of 12 copies of the site plan shall be submitted to the Planning Commission for its review. The Planning Commission shall notify the Zoning Administrator of its approval or disapproval of the site plan within 60 days from the date of submission and acceptance by the Commission. The site plan format, informational requirements and review procedures shall be the same as those required for preliminary plat and preliminary plat approval pursuant to Chapter 335, Subdivision of Land. However, sites consisting of three acres or less shall be drawn at a scale of one inch equals 20 feet.
§ 405-33.1 Standards for renewable energy resource systems.
[Added 12-2-2014]
The purpose of this section is to provide standards and guidance for property owners who wish to install alternative renewable energy resource systems to power existing structures on their property. It is the intent of this section to allow for individual properties to access alternative methods of energy production primarily for use of existing structures on the property.
A.
Small wind energy systems.
(1)
Applicability.
(a)
The requirements set forth in this section shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Maryland's net metering laws (Maryland Public Utility Companies Article, § 7-306), serve as an independent source of energy, or serve in a hybrid system. Meteorological towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
(b)
The requirements of this section shall apply to all small wind energy systems proposed after the effective date of this section. Small wind energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that any such preexisting small wind energy system that is not producing energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy. No modification that increases the height of the system or significantly increases its output shall be allowed without full compliance with this section.
(2)
Code compliance. A small wind energy system and all of its components shall comply with all applicable construction and electrical codes.
(3)
Definitions. For the purpose of the section the following definitions shall be applied to small wind energy systems:
METEOROLOGICAL TOWER (aka MET tower)
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators) and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
SMALL WIND ENERGY SYSTEM
A single-towered wind energy conversion system that:
(a)
Is used to generate electricity;
(b)
Has a rated capacity of 50 kilowatts (kW) or less; and
(c)
Consists of a wind turbine, tower, base and associated control or conversion electronics.
TOTAL HEIGHT
When referring to a small wind energy system, the distance measured from ground level to the blade extended at its highest point.
WIND TURBINE
The parts of the wind system including the blades, generator and tail.
(4)
General bulk requirerments.
(a)
Number of small wind energy systems on a parcel of land. All parcels shall be limited to a maximum of two small wind energy systems per lot of record.
(b)
Setbacks.
[1]
Each small wind energy system shall be set back from the nearest property line a distance equal to its total height, unless appropriate easements are secured from adjacent property owners or other acceptable mitigation is approved by the Planning Commission. Freestanding systems are prohibited in the front yard.
[2]
Each small wind energy system shall also be set back a distance equal to its total height plus 20 feet from:
[a]
Any state, county, or municipal right-of-way or the nearest street edge, whichever is closer;
[b]
Any overhead utility line; and
[c]
Any existing guy wire, anchor, or other small wind energy tower on the property.
(c)
Height. Each small wind energy system shall have a total height not to exceed the maximum height regulations for the zoning district in which the system is located plus 20 feet.
(d)
Appearance, finish and color. The wind turbine and tower shall remain painted or finished in the color of finish that was originally applied by the manufacturer.
(e)
Lighting. Small wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(f)
Signage. Other than the manufacturer's or installer's identification signs, warning signs, or owner's identification on any part of the small wind energy system, all other signs shall be prohibited.
(g)
Clearance. The blade tip of any wind turbine shall, at its lowest point, have ground clearance of no less than 15 feet, as measured at the lowest point of the arc of the blades.
(h)
Safety.
[1]
Wind turbine towers shall not be climbable up to 12 feet above ground level.
[2]
All ground mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[3]
Electrical controls and control wiring and power lines shall be wireless or underground except where the small wind energy system wiring is brought together for connection to the transmission or distribution network adjacent to that network.
(i)
Noise. Audible sound due to small wind energy system operations shall not exceed 55 dBA for any period of time, when measured at the property line of any property containing an occupied building on the date of approval of any small wind energy system siting permit. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.
(5)
Utility notification. In accordance with the Maryland Annotated Code, Public Utility Companies, § 1-207.1, any property owner seeking to construct a small wind energy system and connect such system to the main power grid with the capability of transporting energy back to his/her main power company shall apply to the Public Service Commission (PSC) for approval and provide documentation of such approval to the Town prior to construction and issuance of a permit.
(6)
Removal of defective or abandoned small wind energy systems. Any small wind energy system found to be unsafe by the building/permitting official shall be repaired by the landowner to meet federal, state and local safety standards or shall be removed within six months. If any small wind energy system is not operational for a period of 12 consecutive months or more, the Town will request by, registered mail, and provide 45 days for response, the landowner provide corrective action. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action, If the Town deems the timetable for corrective action unreasonable, it must notify the landowner, and such landowner shall remove the turbine at his/her own expense within 120 days of receipt of notice from the Town. The Town shall have the authority to pursue legal action as described in § 405-82 of this chapter if necessary.
B.
Accessory solar energy systems.
(1)
Applicability.
(a)
The requirements set forth in this section shall govern the siting of accessory solar energy systems used to generate electric and/or thermal power or perform work which may be connected to the utility grid pursuant to Maryland's net metering laws (Maryland Public Utility Companies Article, § 7-306), serve as an independent source of energy, or serve in a hybrid system.
(b)
The requirements of this section shall apply to all accessory solar energy systems proposed after the effective date of this section. Accessory solar energy systems for which a required permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, However, any previously existing systems whereby the owner wishes to upgrade or change or modify the existing system in a way that materially alters the size or placement of the system shall comply with the requirements in this section.
(2)
Code compliance. An accessory solar energy system and all of its components shall comply with all applicable construction and electrical codes.
(3)
Definitions. For the purpose of this section, the following definitions shall be applied to Solar Energy Collection Systems:
ACCESSORY SOLAR ENERGY SYSTEM
A panel or other solar energy device, the primary purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electric and/or thermal power primarily used on site.
SOLAR ARRAY
A ground- or building-mounted solar collection system consisting of a linked series of photovoltaic modules.
(4)
General bulk requirements.
(a)
Setbacks.
[1]
Freestanding solar energy systems shall not be permitted in the front yard.
[2]
Side and rear setbacks must meet the minimum building setback applied to other accessory uses in the zoning district in which the system will be located.
[a]
Roof-mounted systems. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the perimeter of the building on which the system is mounted or built.
[b]
Ground-mounted systems. These systems may not extend into the side or rear yard setback when oriented at minimum design tilt.
(b)
Height.
[1]
Building- or roof-mounted systems shall not exceed the maximum allowed height of the zoning district in which the system is located. For the purposes of height measurement, accessory solar energy systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
[2]
Ground- or pole-mounted systems shall not exceed 10 feet in height.
(c)
Design and installation.
[1]
Structural certification. Roof- or building-mounted systems shall provide, as part of their permit application, a structural certification.
[2]
All exterior electrical and/or plumbing lines must be buried below the surface of the ground.
[3]
Accessory solar energy systems shall be designed and located in order to prevent reflective glare that creates a public safety issue, such as glare onto adjacent street rights-of-way. Should the final design result in a situation where the location of the of the system is necessary to its function but still creates a public safety issue, the property owner will be responsible for all financial considerations related to designing and implementing a mitigation option that will resolve the problem, having been approved in advance by the Planning Commission.
[4]
Accessory solar energy systems are permitted on accessory structures of the same parcel as the principal use.
[5]
Roof-mounted systems shall be mounted parallel to the slope of the roof with no more than six inches of elevation between the roof and the base of the mounted panel. Angled bracket mounts are prohibited.
(d)
Size. Freestanding ground-mounted collection systems shall not exceed 1/2 the footprint of the principal structure.
(e)
Utility notification. In accordance with the Maryland Annotated Code, Public Utility Companies, § 1207.1, any property owner seeking to construct a small wind energy system and connect such system to the main power grid with the capability of transporting energy back to their main power company shall apply to the Public Service Commission (PSC) for approval and provide documentation of such approval to the Town prior to construction and issuance of a permit.
§ 405-33.2 Animal husbandry for educational purposes.
[Added 11-1-2016 by Ord. No. 2016-05]
In those districts where educational facilities are principally permitted, animal husbandry related specifically to domestic chickens may be permitted as an accessory use in accordance with the following regulations:
A.
The educational facility must have a bona fide agricultural education program.
B.
Bulk requirements.
(1)
Number. No more than 20 hens shall be permitted at any one time.
(2)
Roosters. Male chickens are not permitted to be kept or raised within the incorporated limits of the Town of Smithsburg.
(3)
Breeding. Breeding of domestic chickens is prohibited.
(4)
Setbacks. Coops, cages, or other enclosed structures housing chickens shall be set back a minimum of 50 feet from any dwelling or occupied structure, not including the owner's dwelling. In addition, any enclosed structures housing chickens shall be set back a minimum of 25 feet from side and rear property boundaries. The greater of the two setbacks shall prevail. Enclosed structures housing chickens are prohibited from being located in a front yard.
C.
Enclosures.
(1)
Hens shall have access to an outdoor structure and roaming area that is adequately fenced so as to contain the birds on the property. Free range chickens are prohibited.
(2)
The structure and roaming area shall provide a minimum space of two square feet per hen but shall not exceed 200 square feet.
(3)
The outdoor enclosure shall also be designed in a manner that will prevent predator access to the birds (i.e., covering the top of the enclosure, burying the fencing to prevent burrowing, etc.).
(4)
The use of scrap boards, sheet metal or similar materials is prohibited. The enclosed structure shall be properly maintained.
D.
Sanitation.
(1)
The enclosed structure housing the hens as well as the outdoor enclosure shall be kept in a sanitary condition and free from offensive odors.
(2)
Chickens must have access to clean water at all times.
(3)
All areas used by the hens shall be cleaned on a regular basis so as to prevent the accumulation of waste and excess feed.
(4)
The property owner shall take all necessary action to reduce the attraction of potential infestation of scavengers, insects, and parasites that may result in unhealthy conditions to human habitation.
(5)
Waste provisions.
(a)
Provisions shall be made for the storage and removal of animal waste. All stored manure shall be kept in a fully enclosed container that limits odor and dispersal of the waste. No more than two twenty-gallon containers of manure shall be stored on any one property housing chickens. All other manure shall be removed.
(b)
A waste management plan as defined in § 405-7 shall be prepared and submitted to the Soil Conservation District. The Soil Conservation District may determine that a waste management plan is not required. In such cases, the Soil Conservation District shall issue to the applicant a letter of exemption.
(c)
A nutrient management plan as defined in § 405-7 shall be prepared and submitted to the University of Maryland Cooperative Extension office.
(6)
Outdoor slaughtering of hens is prohibited.
§ 405-33.3 Domestic chickens.
[Added 11-1-2016 by Ord. No. 2016-05]
A.
Purpose.
The purpose of this section is to regulate the keeping and/or raising of domestic chickens on property within the Incorporated boundaries of the Town of Smithsburg. These regulations are designed to prevent nuisance and prevent conditions that are unsanitary and/or unsafe.
B.
Bulk requirements.
(1)
Permitted. Animal husbandry activities related to the keeping and/or raising of domestic chickens shall be permitted in accordance with Schedule A - Table of Land use Regulations.
(2)
Number. No more than five hens shall be permitted per lot of record.
(3)
Roosters. Male chickens are not permitted to be kept and/or raised within the incorporated limits of the Town of Smithsburg.
(4)
Setbacks. Coops, cages, or other enclosed structures housing chickens shall be set back a minimum of 25 feet from any dwelling or occupied structure, not including the owner's dwelling. In addition, any enclosed structures housing chickens shall be set back a minimum of 10 feet from side and rear property boundaries. The greater of the two setbacks shall prevail. Enclosed structures housing chickens are prohibited from being located in a front yard.
C.
Enclosures.
(1)
Hens shall have access to an outdoor structure and roaming area that is adequately fenced so as to contain the birds on the property. Free range chickens are prohibited.
(2)
The structure and roaming area shall provide a minimum space of two square feet per hen but shall not exceed 96 square feet.
(3)
The outdoor enclosure shall also be designed in a manner that will prevent predator access to the birds (i.e., covering the top of the enclosure, burying the fencing to prevent burrowing, etc.).
(4)
The use of scrap boards, sheet metal or similar materials is prohibited. The enclosed structure shall be properly maintained.
D.
Sanitation.
(1)
The enclosed structure housing the hens as well as the outdoor enclosure shall be kept in a sanitary condition and free from offensive odors.
(2)
Chickens must have access to clean water at all times.
(3)
All areas used by the hens shall be cleaned on a regular basis so as to prevent the accumulation of waste and excess feed.
(4)
The property owner shall take all necessary action to reduce the attraction of potential infestation of scavengers, insects, and parasites that may result in unhealthy conditions to human habitation.
(5)
Waste provisions.
(a)
Provisions shall be made for the storage and removal of animal waste. All stored manure shall be kept in a fully enclosed container or that limits odor and dispersal of the waste. No more than one twenty-gallon container of manure shall be stored on any one property housing chickens. All other manure shall be removed.
(b)
A waste management plan as defined in § 405-7 shall be prepared and submitted to the Soil Conservation District. The Soil Conservation District may determine that a waste management plan is not required. In such cases, the Soil Conservation District shall issue to the applicant a letter of exemption.
(c)
A nutrient management plan as defined in § 405-7 shall be prepared and submitted to the University of Maryland Cooperative Extension office.
(6)
Outdoor slaughtering of hens is prohibited.
E.
Permits.
(1)
Building permits. Building permits are required for the construction of enclosed structures housing hens or for the outdoor enclosure area. All enclosures are subject to periodic inspection to ensure that the requirements of this section are being met.
(2)
Zoning permits. Any person engaged in the housing of domestic chickens within the incorporated boundary of the Town of Smithsburg is required to file a zoning permit application with the Zoning Administrator.
(3)
Application content. An application shall be filed by the property owner (or by the applicant with a signed affidavit from the property owner) in compliance with the provisions of this section. The application shall at a minimum include:
(a)
The name, address, and phone number of the applicant.
(b)
If the property owner(s) is/are different than the applicant, the name, address and phone number of the property owner, along with a signed affidavit that the property owner(s) is/are aware of, and agree to, the conditions of the application.
(c)
A proposal showing:
[1]
The size and general dimensions of the lot where the chickens will be housed.
[2]
The number of hens the applicant seeks to keep on the property.
[3]
The precise location and dimensions of the enclosed structure housing the hens and the outdoor enclosure.
[4]
Dimensions showing the distances of the enclosed structure from any dwellings or occupied structures and from property lines so that a determination that setbacks have been met can be made.
(d)
Proof of registration with the Maryland Department of Agriculture in accordance with the Annotated Code of Maryland, Agriculture Article, Section 3-804.
(e)
A copy of an approved waste management plan or letter of exemption from the Soil Conservation District.
(f)
A copy of the nutrient management plan.
(4)
Revocation of permits. If the Town receives substantiated complaints regarding the permit holder's keeping of the chickens that violate the terms and conditions of the permit, the Town may revoke the zoning permit. In addition, if the Town finds that the permit holder has not maintained the chickens, the enclosures, or the outdoor areas in a clean and sanitary condition, the Town may revoke the zoning permit.
