Walkersville City Zoning Code
ARTICLE II
General Regulations
§ 88-3 Establishment of districts.
For the purpose of this chapter, all land within the Town of Walkersville is hereby designated on the Zoning Map[1] as being in one of the following districts:
OS | Open Space |
A | Agricultural [Added 1-10-1979] |
INST | Institutional Use [Added 8-22-2007 by Ord. No. 2007-12] |
R-1 | Low-Density Residential |
R-2 | Low-Density Residential [Amended 4-8-1987] |
R-3 | Medium-Density Residential [Amended 4-8-1987] |
R-4 | High-Density Residential [Added 4-8-1987] |
B-1 | Neighborhood Business |
B-2 | Shopping Center |
LI | Limited Industrial [Amended 8-10-2023 by Ord. No. 2023-03] |
LIP | Limited Industrial Park [Amended 8-10-2023 by Ord. No. 2023-03] |
GI | General Industrial |
B-O | Business-Office [Added 8-10-1988] |
OTM | Old Town Mixed Use [Added 2-28-2001] |
[1]
Editor's Note: The Official Zoning Map is on file in the Town offices.
§ 88-4 Boundary lines of districts.
Unless otherwise indicated on the zoning district maps, the boundary lines of the districts follow lot lines, center lines of streets or alleys, or such center lines extended, center lines of creeks or the corporate limit line as existing at the time of adoption of this chapter, or measured lines.
§ 88-5 Conformance with regulations required.
[Amended 2-27-2002 by Ord. No. 2001-11]
No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located, including but not limited to the requirements of Chapter 85A of the Town Code.
§ 88-5.1 Number of principal buildings and/or uses permitted on a lot.
B.
The Planning Commission may allow more than one principal building on any single lot, and/or more than one principal use on any single lot zoned within one of the business, shopping center, industrial, institutional use, or agricultural zoning districts, based on a finding that the proposed subdivision and/or development for the lot meet excellence of design standards, including, but not limited to, any of the following:
(1)
Encouragement of concentration of complementary uses;
(2)
Provision for well-planned integrated development with maximum convenience and efficiency for users;
(3)
Where due to size and location of the development and its relationship to surrounding properties, flexibility of planning may be desirable without disturbance to the harmony of the neighborhood; and
(4)
Facilitation of a development plan with a unified and organized arrangement of buildings, service areas, parking and landscaped open space providing for maximum convenience of customers.
§ 88-5.2 Certain lots to abut street.
[Added 6-25-1980]
Every building or structure used in whole or in part for dwelling purposes and hereinafter erected or moved, will be located on a lot abutting for at least 50 feet on a Town, county or state street or road. In a townhouse, garden apartment or multifamily development, the lots may face on a common open space or a private street, provided that the plan of such development is approved by the Planning Commission.
§ 88-5.3 Uses not listed as permitted.
[Added 6-15-1980]
A.
Any use not specifically enumerated as being allowed in at least one district in this chapter shall be allowed by special exception in the district where and to the extent similar uses are permitted by right or allowed by that special exception. All such uses must meet the general requirement and, where applicable, the specific requirements for a special exception.
B.
This section shall not apply to any use or similar use that is expressly listed in this chapter as being prohibited.
§ 88-6 Zoning of annexed areas.
[Amended 8-10-2023 by Ord. No. 2023-03]
All territory which may hereafter be annexed to the Town shall, from the time of annexation, be considered as being in the R-1 District until changed by ordinance, unless the resolution of annexation by the Burgess and Commissioners provides for some other district classification or classifications. If the land to be annexed is to be classified other than R-1 or a district classification of some property abutting, contiguous or adjacent thereto, the Burgess and Commissioners shall refer the matter to the Planning Commission for recommendation and report, and if the Commission makes no report within 15 days from the date the Burgess and Commissioners, by motion, refer it to the Commission, it shall be considered to have made a report approving the proposed annexation district classification and the Burgess and Commissioners shall hold a public hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing in a newspaper published in or having a general circulation in the Town of Walkersville. Zoning of annexed areas must comply with § 4-416 of the Local Government Article of the Annotated Code, which provides that for a period of five years after an annexation by a municipality, the municipality may not allow development of the annexed land for land uses substantially different than the authorized use, or at a substantially higher density, not exceeding 50%, than could be granted for the proposed development, in accordance with the zoning classification of the county applicable at the time of the annexation; however, the Frederick County Government may waive the requirements.
§ 88-7 Location of zoning line in vacated street.
Whenever the Burgess and Commissioners vacate a street or alley, adjacent districts shall extend to the center line of the vacation.
§ 88-8 Required open area not to be infringed upon.
Yards, parking spaces or lot area required for one building cannot be used for another main building, nor can the size of a lot be reduced below the requirements of this chapter.
§ 88-9 Continuance of nonconforming uses and structures.
[Amended 1-28-2015 by Ord. No. 2014-09]
Purpose. The purpose of this section is permit certain legitimate nonconforming uses and/or structures to continue as established as of the effective date of adoption of this chapter or any amendment thereto, but not allow any action which would increase the nonconformity. The lawful use of land or a structure existing at the time of adoption of this chapter, or subsequent amendment of this chapter, may be continued with the following limitations:
A.
Expansion of nonconforming uses. Nonconforming uses may be upgraded or repair or alterations may be made to their facilities. However, expansion of any nonconforming use shall be limited to the lot that exists at the time of adoption of this chapter, and additional acreage or structures shall not be added to enlarge any nonconforming use.
B.
Expansion of nonconforming structures.
(1)
The conforming portion of a nonconforming structure may be expanded or modified provided that the expansion or modification does not increase the portion of the structure determined by the Zoning Administrator to be nonconforming.
(2)
The nonconforming portion of a nonconforming structure may be modified in accordance with the requirements of this chapter, provided that the modification does not increase the nonconformity, as determined by the Zoning Administrator.
C.
Rebuilding nonconforming structures. The Board of Appeals may grant a special exception to restore and/or rebuild a nonconforming structure damaged to the extent of 60% or more of the structure's current fair value, as estimated immediately prior to damage, provided:
(1)
The structure is rebuilt within the same footprint and up to the dimensions of the building or structure as existing immediately prior to damage.
(2)
Rebuilding the structure will not increase the original nonconformity.
(3)
The Board of Appeals finds that the rebuilt structure is appropriate to the neighborhood and district in terms of its size, location, scale, and appearance.
D.
Discontinued nonconforming use shall not be established after one year. No nonconforming use shall be established or reestablished after having been discontinued for one year. Vacating of the premises or building or nonoperative status shall be evidence of a discontinued use.
E.
Substitution of nonconforming uses. The Board of Appeals may grant a special exception to change a nonconforming use to another nonconforming use if the Board of Appeals, by a specific finding in the case, finds that the proposed use is more appropriate to the district.
§ 88-10 Off-street parking.
A.
Bituminous concrete or concrete-surfaced off-street automobile parking shall be provided on any lot on which any of the following uses are hereafter established. Such space shall be provided with vehicular access to a street or alley. For purposes of computation, each space shall not be less than nine feet wide nor less than 18 feet long, nor shall front yard parking be provided in the B-1, B-2 and B-O Districts unless the business on such lot is set back at least 50 feet from the street. Parking access aisles shall not be less than 22 feet wide for 90° parking, 12 feet wide for parallel parking, 18 feet wide for 60° parking and 11 feet wide for 45° parking. The following are minimum requirements for specific uses (see also Subsection B below):
[Amended 7-13-1983; 8-10-2023 by Ord. No. 2023-03]
Use Requirements | Minimum (number of spaces) |
|---|---|
One-family dwellings [Amended 4-8-1987] | 2 on lot |
Lodging houses | 1 on lot for each lodging unit or boarder |
Multifamily dwellings [Amended 6-25-2003 by Ord. No. 2003-05] | 3 on lot for each dwelling unit |
Townhouses [Amended 6-25-2003 by Ord. No. 2003-05] | 3 per dwelling unit |
Churches | |
Erected on new sites | 1 on lot for each 4 seats in main auditorium |
Existing churches and additions to or enlargements of churches existing at the time of passage of this chapter [Amended 8-10-2023 by Ord. No. 2023-03] | Exempt from requirement |
Places of public assembly, including auditoriums and theaters | 1 for each 4 seats provided |
Reception facility | 1 for each 200 square feet of floor area |
Schools | |
All except high schools | 2 for each teaching station |
High schools | 10 for each teaching station |
Hospitals | 1 for each hospital bed |
Institutions, clubs, lodges, and other public and semipublic buildings [Amended 5-28-2008 by Ord. No. 2008-02] | 1 for each 100 square feet of floor area |
Libraries [Added 5-28-2008 by Ord. No. 2008-02] | 1 for each 400 square feet of floor area |
Shopping centers [Amended 4-8-1987] | 1 for each 200 square feet of floor area |
Office uses | 1 for each 250 square feet of floor area |
All uses, except those above specified, when located in B District LI, LIP, GI Districts | 1 for each 100 square feet of floor area |
Commercial uses | 1 for each 200 square feet of floor area |
Industrial uses (except self-storage warehouse facility) | 1 for each 2 employees of maximum number employed at any one time or 1 for each 600 square feet, whichever is greater |
Self-storage warehouse facility [Added 2-26-2003 by Ord. No. 2003-01] | 1 space shall be provided for each 25 units, equally distributed throughout the storage area; 2 spaces shall be provided for a resident manager on site; 1 space for every 50 storage compartments shall be provided at the leasing office, plus 1 for each employee of maximum number employed at any one time, plus 1 for each motor vehicle used in the business. |
Multiple user business office developments of 20,000 square feet or greater | 6 for each 1,000 square feet of floor area |
B.
The foregoing requirements are subject to the following general rules and exceptions:
(1)
In the B, LI, LIP and GI Districts, parking space may be provided on a separate lot if within 300 feet of a building, and two or more owners may join together in the provision of this parking space.
(2)
Parking space for any use specifically permitted in an R District may be provided on a lot adjoining that use, provided that there is evidence of perpetual compliance with all requirements.
(3)
Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, but any enlargement, except as otherwise exempted above, must provide the required parking spaces for said enlargement.
C.
Unregistered or inoperative vehicles.
[Added 8-24-2016 by Ord. No. 2016-06]
(1)
No unregistered or inoperative vehicles will be parked or stored on any lot, with the following exceptions:
(a)
Such vehicles are stored within a completely enclosed building.
(b)
Such vehicles are stored within a permitted commercial or industrial zoning district.
(c)
No more than one vehicle is stored with the permission of the property owner, and is covered by a fitted car cover. No tarp, plastic or other makeshift cover may be used to cover the vehicle.
(2)
A person may not store any vehicle that is deemed by the Code Enforcement Officer to be a public nuisance because it is:
§ 88-11 Off-street loading.
A.
Every building or structure used for other than residential uses and constructed after the adoption of this chapter shall provide space on the property to be used exclusively for the loading and unloading of vehicles. Such space shall be in accordance with the following schedule:
Building Floor Area (square feet) | Required Spaces |
|---|---|
0 to 8,000 | 1 |
8,001 to 25,000 | 2 |
25,001 to 40,000 | 3 |
40,001 to 100,000 | 4 |
100,001 to 250,000 | 5 |
250,001 to 400,000 | 6 |
Over 400,000 | 6, plus 1 additional for each additional 10,000 square feet |
B.
For the purpose of determining the adequacy of the loading area, each space shall not be less than 10 feet in width, 45 feet in length and 14 feet in height.
§ 88-12 Fences.
[Added 2-25-2015 by Ord. No. 2014-07]
B.
Open space district.
(1)
Appearance:
(a)
Fences shall be constructed of materials specifically designed and manufactured for fencing purposes.
(b)
The finished side of the fence shall face outward toward surrounding properties and rights-of-way.
(c)
The fence details shall be shown on the site plan and subject to approval by the Walkersville Planning Commission.
(5)
Zoning certificate: required.
C.
Institutional district.
(1)
Appearance:
(a)
Fences shall be constructed of materials specifically designed and manufactured for fencing purposes.
(b)
The finished side of the fence shall face outward toward surrounding properties and rights-of-way.
(c)
The fence details shall be shown on the site plan and subject to approval by the Walkersville Planning Commission.
(5)
Zoning certificate: required.
D.
R-1, R-2, R-3, and R-4 Residential and Old Town Mixed-Use Districts:
(2)
Height. Except as noted below for corner lots, fences shall not be greater than six feet in height in the side yard and rear yard or greater than four feet in height in the front yard.
(3)
Corner lots.
(a)
Corner lots shall be considered to have two front yards, a side yard and a rear yard, which shall be noted on the plot plan.
(b)
No fence more than four feet tall shall be located closer to the front of the lot than the front of the dwelling in at least one front yard.
(c)
A fence up to six feet tall shall be permitted within the designated second front yard, provided it is set back a minimum of 20 feet from the curb or edge of pavement of the street.
(6)
Prohibitions. Aboveground electrical fences, razor fences, and barbed-wire fences are prohibited in or adjacent to residential and mixed-use districts.
(7)
Zoning certificate.
(a)
Fences in multifamily developments (except for individual townhouse lots) are subject to site plan approval by the Walkersville Planning Commission.
(b)
A zoning certificate is required (includes pre- and post-construction inspection by Town Code Enforcement Officer) to construct a fence in the residential and mixed-use districts.
E.
B-1, B-2, and B-O Commercial Districts.
(1)
Appearance.
(a)
Fences shall be constructed of materials specifically designed and manufactured for fencing purposes.
(b)
The finished side of the fence shall face outward toward surrounding properties and rights-of-way.
(c)
The fence details shall be shown on the site plan and subject to approval by the Walkersville Planning Commission.
(4)
Intersections must be in compliance with § 69-10, Obstructions to view at intersections, and subject to site plan approval by the Planning Commission.
(5)
Prohibitions. Aboveground electrical fences, razor fences, and barbed-wire fences are prohibited in or adjacent to residential and mixed-use districts.
(6)
(7)
Zoning certificate: required.
F.
LI, LIP, and GI Industrial Districts.
(1)
Appearance.
(a)
Fences shall be constructed of materials specifically designed and manufactured for fencing purposes.
(b)
The finished side of the fence shall face outward toward surrounding properties and rights-of-way.
(c)
The fence details shall be shown on the site plan and subject to approval by the Walkersville Planning Commission.
(4)
Intersections must be in compliance with § 69-10, Obstructions to view at intersections, and subject to site plan approval by the Planning Commission.
(5)
Prohibitions. Aboveground electrical fences, razor fences, and barbed-wire fences are prohibited in or adjacent to residential and mixed-use districts.
(6)
(7)
Zoning certificate: required.
G.
Fences abutting zoning district boundaries. A property owner whose property line directly abuts a zoning district boundary in which taller fences are permitted than the zoning district in which the subject property is located may be granted approval by the Planning Commission to build a fence at the taller height. The taller fence will only be permitted along the section of the property boundary that directly abuts the other zoning district.
§ 88-13 Cellars prohibited for residential uses.
No dwelling, complete or part of a living unit, may be located entirely in a cellar in any district outlined by this chapter.
§ 88-14 Signs.
[Amended 10-24-2012 by Ord. No. 2012-06]
A.
General regulations.
(1)
Zoning certificate required. No exterior sign shall be placed or altered unless in compliance with this and any other relevant ordinance. Before any exterior sign shall be placed or altered in size, height, or location, a zoning certificate must be issued. No zoning certificate is necessary for refacing an existing sign within an existing and legally permitted frame, unless an electrical permit is necessary.
(2)
Safety. All signs shall in no way by reason of position, size, shape or color, interfere with, obstruct the view of, or become confused with any traffic sign, signal or device, or make use of any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic. Signs shall be located and placed as to allow ample visual sight lines for driveway leading into a street and at intersecting streets and alleys and shall not interfere with vehicle or pedestrian traffic.
(3)
Illumination. Illumination of all signs shall be diffused from within or indirect and shall be arranged so as not to reflect direct rays of light into adjacent properties or into the public way.
(4)
Signs on public property or within public rights-of-way. No signs shall be erected by any person on a public property or right-of-way except for signs as may be directed by the Town Zoning Administrator or other Town official.
B.
Prohibited signs in all zoning districts:
(1)
Billboards and all off-premises business signs.
(2)
Aerial balloons for advertising or marking a location.
(3)
Search light advertising.
(4)
Rotating signs.
(5)
Signs that are strung, hung, nailed or otherwise attached to electrical, telephone, utility poles and equipment, trees, road signs, municipal signs, or other publicly owned signs.
(6)
Flashing, blinking, or varying light intensity signs, and animated signs involving motion or sound, except as permitted for institutional uses.
C.
Business, commercial and industrial sign standards.
(1)
Site plan approval required. All signs shall be shown on a site plan subject to site plan approval by the Planning Commission.
(2)
Setback. Freestanding signs in the business (OTM, B-1, B-2 and B-O) and industrial (LI, LIP, and GI) districts are not permitted in a public right-of-way.
(3)
Permitted square footage for signs in commercial (OTM, B-1, B-2 and B-O) and industrial (LI, LIP and GI) districts: 50 square feet per business with up to 9,999 square feet in floor area; 100 square feet per business with 10,000 square feet or more in floor area. Shopping centers and business and industrial parks are permitted to have an additional 100 square feet of signage for an identification sign for the whole development.
(a)
For shopping centers over 73,500 square feet in floor area that are also located along a major arterial, the identification sign may be increased one square foot for each 321 square feet of gross floor area over 73,500 square in size. In no case shall a shopping center identification sign exceed 229 square feet in area per face and 29 feet eight inches in overall height.
[Added 4-22-2020 by Ord. No. 2020-04]
(4)
Height. Freestanding signs shall not exceed 25 feet in height above the grade where located or the street grade, whichever is lower, except as permitted in § 88-14C(3)(a) for shopping centers over 73,500 square feet in size. Signs attached to buildings shall not project more than three feet above the main roof line. Overhanging signs shall not project out from a building more than three feet or hang any lower than eight feet above a public way or sidewalk.
[Amended 4-22-2020 by Ord. No. 2020-04]
(5)
Portable signs located on the property of the business being advertised are permitted in any commercial district without a permit, if the total allowable square footage for all signs on the property is not exceeded and the signs are not located within a public right-of-way. Portable signs shall be kept neat, clean and in good repair. Signs which are faded, torn, damaged or otherwise unsightly or in a state of disrepair shall be immediately repaired or removed.
D.
Institutional use sign standards, regardless of zoning classification:
(1)
Permitted square footage for institutional use signs: 50 square feet.
(2)
Setback from property lines. Freestanding signs for institutional uses, regardless of zoning district, are not permitted in the public right-of-way.
(3)
Height. Freestanding signs shall not exceed 25 feet in height above the grade where located or the street grade, whichever is lower. Signs attached to buildings shall not project more than three feet above a roof line. Overhanging signs shall not project out from a building more than three feet or hang any lower than eight feet above a public way or sidewalk.
(4)
Portable signs. Portable signs up to 32 square feet in size (in addition to the 50 square feet of permitted signage) advertising an event or program held on the site on which the sign is located shall be permitted.
(5)
Electronic signs. A flashing, blinking, or varying-light-intensity sign, or an animated sign involving motion or sound for institutional uses, is permitted with approval of the Burgess and Commissioners.
E.
Residential sign standards.
(1)
Home occupations. A personal service sign is permitted, unlighted or indirectly lighted, not to exceed four square feet in size. The sign may be affixed to the residence or another structure or placed within the yard, provided it is not located within a public right-of-way.
[Amended 8-10-2023 by Ord. No. 2023-03]
(2)
Subdivision identification signs. One subdivision identification sign is permitted for subdivisions of 10 or more lots or multifamily developments, for each entrance street. Such signs may not exceed 24 square feet in size or five feet in height and must have a landscaped area around them of at least two square feet for each square foot of sign area.
F.
Exempt signs. Signs for which no permit is required:
(1)
Any official or public notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance, by a public utility company or by order of a court of competent jurisdiction.
[Amended 8-10-2023 by Ord. No. 2023-03]
(2)
Any sign inside a building.
(3)
Any sign inside an athletic field or other enclosed outdoor space.
(4)
Works of art with no commercial message.
(5)
Balloons that are less than 18 inches in diameter.
(6)
Political signs.
(7)
On-premises real estate signs or lease/rent signs that added together are less than 15 square feet for residentially zoned properties or 100 square feet for nonresidentially zoned properties.
(8)
House numbers.
(9)
The flag, emblem, insignia, poster, or other display of a nation, state or political subdivision.
(10)
Religious symbols such as crosses, stars, painted or sculptured statues, stained glass windows or the like.
(11)
Gas station price signs and signs that are attached to the sides of, or located on the top of gas station fuel pumps.
(12)
Government-sponsored banners affixed to utility poles.
(13)
Informational signs.
(14)
A-frame, sandwich board signs, if taken inside when the business is closed.
(15)
Contractor/artisan/remodeling/improvement job-site signs up to six square feet in size and removed when the construction/job/project is finished.
(16)
Farm signs displaying the name of the owner and the nature of the farm and advertising only those products produced on the premises, not to exceed 16 square feet in size.
(17)
Signs for reception facilities as permitted by special exception in the Agricultural District, not exceeding 20 square feet in size.
(18)
Signs directional, informational or warning in character, involving no advertising and each not exceeding six square feet in size. In nonresidential districts, signs displaying time, temperature and/or date shall be considered informational.
(19)
Company names and logos which are permanently painted on a vehicle are not considered part of the square footage for sign calculations.
G.
Signs. How measured:
(1)
Area of a sign is equal to the greatest horizontal dimension multiplied by its greatest vertical dimension.
(2)
Signs are to be measured over its entire face, including background and borders, but excluding supports.
(3)
Where a sign consists only of lettered, figured or pictorial matter or a device or representation applied directly to the surface of a building without special background or border, then its area shall be determined by measuring the overall length and height of the lettering or other matter.
(4)
A V-shaped or two-sided sign shall be considered as one sign so long as its interior angle does not exceed 30°.
(5)
Portable signs are to be considered part of the total allowable square footage for sign calculations.
(6)
Advertisements which are attached to product, supplies, vehicles or vehicle trailers are considered to be part of the square footage for sign calculations.
H.
Replacement signs.
(1)
The replacement of a specific sign with a sign of the same size or smaller size, or the removal and reinstallation of the same sign within a period of 180 days, will be considered as a continual use of a sign.
(2)
The replacement of a sign with a larger sign or the removal and reinstallation of a sign after a 180-day period shall be considered a new sign and subject to the provisions of this section.
§ 88-14.1 Temporary and seasonal uses.
[Added 8-25-2004 by Ord. No. 2004-08]
A.
Temporary uses permitted without a zoning certificate. The following temporary uses are permitted without a zoning certificate:
(1)
Customary accessory uses on institutional use properties, including the following activities: breakfasts, lunches, dinners, bazaars, auctions, sales, game nights, and carnivals. A carnival may be permitted for a maximum of 15 days in any one year, provided that adequate off-street parking and a stabilized driveway to the parking are provided.
(2)
Tent, sidewalk or other outdoor sales events which are accessory to an existing commercial use in any commercial district, provided the sales events do not last more than three days and only occur up to four times per year, and provided that no sidewalk is blocked to pedestrian traffic.
(3)
Christmas tree sales for a maximum of 35 days as an accessory use to an existing commercial use in any commercial district.
(4)
Yard or garage sales on residential properties that last no more than three days and only occur up to two times per year.
B.
Temporary uses requiring site plan approval. The following temporary uses are permitted upon approval of a site plan by the Planning Commission and issuance of a zoning certificate by the Zoning Administrator:
(1)
Contractors' and lot owners' temporary structures associated with a construction project. Such structures shall be located within the subdivision or on the same lot where the project is located and shall comply with the setback requirements of the zoning district in which it is located. Said structures shall be removed at the completion of construction or expiration of the zoning certificate.
(2)
Sales trailers, offices and model homes associated with a residential development. The office shall be incidental to and located within the subdivision that it serves. Such office shall continue only until the sale or lease of all dwelling units in the development or expiration of the zoning certificate, at which time said sales trailer or office shall be removed.
(3)
Portable classrooms or trailers to be located on a school, church or other institutional use property.
(4)
Wayside stand in the Agricultural District, provided adequate parking is provided for two customer vehicles, no permanent structures are used, and the wayside stand is operated for no more than six months in any year.
(5)
Seasonal shaved ice, ice cream, produce or other food stand located as a principal or accessory use on a lot in a commercial district, provided the following:
(a)
Adequate off-street parking, on-site traffic circulation and access from a public street is provided, as determined by the Planning Commission.
(b)
A minimum of six off-street parking spaces are provided.
(c)
Parking areas are stabilized with pavement, gravel or crushed stone, as determined by the Planning Commission.
(d)
Parking spaces and drive aisles on site are striped or otherwise marked, as determined by the Planning Commission.
(e)
Proof of Health Department approval for food sales is submitted.
(f)
Adequate trash receptacles and sanitary facilities are provided on site, as determined by the Planning Commission.
(g)
The stand is operated for no more than six consecutive months in any twelve-month period.
(h)
Sales shall be limited to seasonal or perishable produce or food items, including flowers and plants.
(i)
The use shall be set back from any residential zoning district a minimum of 50 feet. The use shall be subject to property line setbacks for the zoning district in which it is located.
(j)
One sign up to 32 square feet in size is permitted.
C.
Termination of temporary and seasonal uses. Upon the conclusion of the event, season, or use or the expiration of the zoning certificate (whichever comes first), the site shall be cleaned and restored to its original condition or better when the use is concluded. All structures, signs, and vehicles shall be removed from the site within seven days after the conclusion of the season or use.
§ 88-15 Prohibited uses in all districts.
[Amended 2-27-2002 by Ord. No. 2001-11]
A.
Billboards.
B.
Outdoor private or public rifle, trap, skeet, and pistol shooting ranges. Indoor rifle and indoor pistol, and indoor or outdoor archery ranges are permitted as special exception uses in applicable districts.
C.
Junkyards, including those for storage of wrecked, dismantled or abandoned motor vehicles and parts thereof and for the storage and sale of other similar scrap materials.
D.
Salvage yards for any waste materials.
E.
Private (nongovernment) and/or commercial (for-profit) recycling operations, recycling processing, and recycling distribution centers. A recycling collection facility is permitted by special exception in the LI District.
[Amended 11-12-2003 by Ord. No. 2003-09]
F.
Mobile homes are prohibited in all districts, except the Agricultural District.
G.
No structure or land development, including parking lots, fill or excavation operations will be permitted within the annual and HUD/FIA floodplains. This does not prohibit road crossings, water impoundments or the placement of public utility lines.
H.
Rendering plants, the business of garbage feeding of hogs (a maximum of 12 hogs are allowed as an ancillary support to a dairy operation), fur farms, breeding farms for animals to be used for medical testing or experiments, and slaughterhouses (not private butchering).
I.
Solid waste transfer stations.
J.
Mineral extraction and/or mineral processing operations, which are not fully contained within a building.
K.
Concrete, asphalt products, and asphalt plants.
L.
Aerial balloons for advertising or marking a location.
M.
Commercial radio, television, and microwave towers. This subsection does not prohibit the use of business related communication towers in those districts where authorized or wireless telecommunications facilities as defined in Chapter 86 of the Town Code.
[Added 2-27-2002 by Ord. No. 2002-4]
N.
Fuel storage facilities and petroleum product storage, in excess of 60,000 gallons (total capacity) for liquids or 150,000 SCF for gases (SCF: standard cubic feet at 60° F. and 29.92 inches of mercury).
O.
Truck stop facilities.
P.
Race tracks (all types) and motor vehicle/cycle hill climbs.
Q.
The storage (in a vehicle, building, container, etc.), utilization or manufacture of any type of material or products which decompose by detonation. The occasional use of explosive, by qualified and licensed personnel, for agricultural and construction purposes is exempted.
R.
Rubble fills, landfills, and borrow pits.
S.
Searchlight advertising.
T.
Courtesy benches, trash cans, and similar devices on which advertising is displayed.
U.
Flashing, blinking or varying light intensity signs except time, temperature and date signs except as permitted under § 88-14D(5).
[Amended 12-14-2005 by Ord. No. 2005-06]
V.
Animated signs involving motion or sound except as permitted under § 88-14D(5).
[Amended 12-14-2005 by Ord. No. 2005-06]
W.
Rotating signs.
X.
Concentrated agricultural and farming operations (CAFO) resulting in the production of a high concentration of animal waste.
§ 88-16 Storage of flammable and combustible fuels.
[Amended 9-24-2008 by Ord. No. 2008-08]
A.
General requirements.
(1)
The storage of all flammable materials shall comply with the applicable EPA and IBC Fire Prevention Code standards.
(2)
The storage, utilization or manufacture of solid materials, which are active to intense burning, shall be conducted within spaces having fire-resistive construction of no less than two hours and protected with an automatic fire-extinguishing system.
(3)
With the exception of tanks associated with agricultural uses, the location of tanks in excess of 2,000 gallons must be provided on a site plan and approved by the Planning Commission.
B.
Aboveground storage of liquids (Class I, II, and III).
[Amended 9-27-1978 by Ord. No. 101]
(1)
Storage of liquids aboveground shall comply with COMAR 26.10.01.12.A. Acceptable storage of such liquids shall be provided as follows:
(a)
Located in a diked area that will contain 110% of the largest tanks capacity in accordance with NFPA 30 (cement-sealed, steel, geomembrane liners or other professional engineered equipment). Tank system shall have an attached nameplate containing the following information: tank serial number, primary tank capacity in gallons, and statement that the system is manufactured and intended for installation in accordance with NFPA 30, and NFPA 37 (and subsequent revisions thereto). Where a provision is made for draining water from diked areas, such drains shall be controlled in a manner so as to prevent flammable and/or combustible liquids from entering natural watercourses, public waterways, public sewers, public drains, or adjoining property.
(b)
The secondary containment aboveground tank system shall consist of a primary steel tank and secondary containment that is encased in concrete and meets UL-2085 Insulated/Secondary Containment of Aboveground Storage Tanks/Protected Type (and subsequent revisions thereto). Tank system shall have an attached nameplate containing the following information: tank serial number, primary tank capacity in gallons, and statement that the system is manufactured and intended for installation in accordance with UL-2085, NFPA 30, and NFPA 37 (and subsequent revisions thereto).
(2)
Storage of compressed gases and heating fuels and other Class II and Class III liquid fuels used for agriculture and commercial establishments in the Open Space, Institutional Use, Agricultural, and Commercial (B-1, B-2 and B-O) Districts may be above the ground if the total capacity of all containers is 2,000 gallons or less.
(3)
In the Agricultural District, up to 3,000 gallons of Class I, II, and III liquids may be stored aboveground.
(4)
Storage of compressed gases and heating fuels and other Class II and Class III liquid fuels used for industrial operations in the LI, LIP and GI Districts may be above the ground if the total capacity of all containers is 24,000 gallons or less.
(5)
Aboveground containers in excess of 2,000 gallons shall be screened by evergreen plantings or a screen device, as required by the Planning Commission, of a height not less than the height of the containers so as to effectively obscure the containers from view.
(6)
Vehicle impact deterrence around aboveground containers in excess of 2,000 gallons shall be provided, as required by the Planning Commission.
(7)
Annual inspection reports of aboveground tanks in excess of 2,000 gallons shall be submitted to the Town. The annual inspection will be performed and the report prepared by an inspector certified in accordance with accepted industry standards such as API or STI.
C.
Below-ground storage of liquids (Class I, II, and III).
(1)
Storage of liquids underground shall comply with applicable sections of COMAR Title 26 Subtitle 10. Any new installations of underground storage shall be located a minimum of 100 feet from any well.
(2)
Gasoline and similar Class I liquid fuels, in excess of 10 gallons, shall be stored underground, except in the Agricultural Zoning District, where up to 3,000 gallons may be stored aboveground.
(3)
Kerosene, fuel oil, and other Class II and III liquid fuels may be stored underground or within the structures to be heated. Not more than 550 gallons of Class II or Class III fuels are permitted in any building.
(4)
Each individual container shall be located with respect to the nearest adjoining property line in accordance with Subsection D.
(5)
Auto service stations and retail gasoline sales locations may not exceed 60,000 gallons total capacity. Each individual container shall be located with respect to the nearest property line in accordance with Subsection D. The pumps shall be located no closer than 25 feet to the street right-of-way and no closer than 250 feet to a dwelling existing at the time of issuance of the zoning certificate.
D.
Setback requirements: storage of liquids (Class I, II and III).
(1)
Each individual container shall be located with respect to the nearest adjoining property line as follows:
Water Capacity Per Container (gallons) | Setback for Underground Containers (feet) | Setback for Aboveground Containers (feet) | Setback Between Aboveground Containers (feet) |
|---|---|---|---|
0 to 2,000 | 25 | 25 | 5 |
2,001 to 30,000 | 50 | 50 | 10 |
30,001 to 60,000 | 75 | 100 | 1/2 the sum of the diameters of adjacent containers |
(2)
Additional setback requirements:
E.
Fuel storage - residential zoning districts.
(1)
No more than 10 gallons of gasoline or similar Class I liquid may be stored in any R District.
(2)
Residential propane tanks shall be no more than 250 gallons (water capacity) in size and shall be not be permitted in the front yard. They shall set back a minimum of six feet from the side and/or rear property lines. Multiple tanks shall be permitted, provided that the total capacity of all tanks does not exceed 250 gallons (water capacity).
(3)
Maximum storage of heating and other Class II and Class III combustible fuels allowed in an R District is 550 gallons, unless otherwise approved by the Board of Appeals. If approved by the Board of Appeals, the maximum storage allowed in an R District is 2,000 gallons, which must be contained in multiple tanks which do not exceed 550 gallons per tank. Each individual container over 275 gallons in size shall be located with respect to the nearest adjoining property line in accordance with Subsection D.
(4)
Containers shall be screened by evergreen plantings or a screen device of a height not less than the height of the containers so as to effectively obscure the containers from view.
(5)
For storage of flammable or combustible fuels on existing lots of record which are 50 feet wide or less, the container shall be placed as close to the center of the lot as possible. The Zoning Administrator shall determine feasibility and compliance.[1]
[1]
Editor's Note: Former Subsection F, Storage of fuel within buildings, which immediately followed this subsection, was repealed 8-10-2023 by Ord. No. 2023-03.