This article contains regulations to specific uses that supplement the requirements found in other articles of this code, including the development standards found in Article XX. While most provisions of this code set out standards that apply to all or a broad spectrum of uses, the provisions of this article are intended to provide additional regulations and conditions for certain uses which are unusual in their nature or complexity, or are potentially incompatible with their surroundings unless special protective restrictions are applied. The following specific supplementary use regulations are applicable to both specific uses permitted by right and to uses permitted by special exception, as indicated in the Table of Permissible Uses.[1] In addition, the following conditions apply to all permitted
uses:
[1]
Editor's Note: Said table is included as an attachment to
this chapter.
Single-family dwellings shall be permitted in the R-1, R-2,
GU, A and C Districts; may be permitted in the B-1 District as a special
exception by the Board of Appeals; and may be permitted in the B-2
and I Districts as a special exception by the Board of Appeals on
individual lots of record less than two acres in size.
Duplex units shall be permitted in the R-1, R-2, GU, A and C
Districts; may be permitted as a special exception by the Board of
Appeals in the B-1 District; and may be permitted as a special exception
by the Board of Appeals in the B-2 and I Districts on individual lots
of record less than two acres in size.
Multifamily housing, condominiums, and townhouses shall be permitted in the R-1, R-2, and GU Districts; may be permitted as a special exception by the Board of Appeals in the B-1 District; and may be permitted as a special exception by the Board of Appeals in the B-2 and I Districts on individual lots of record less than two acres in size. Conversion of single-family dwellings into multifamily housing shall be permitted in the R-2 and GU Districts and may be permitted as a special exception by the Board of Appeals in the R-1 and B-1 Districts. All uses are subject to the plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code.
Mobile homes on individual lots shall be permitted in the R-2,
GU, A and C Districts; may be permitted as a special exception by
the Board of Appeals in the B-1 District; may be permitted as a special
exception by the Board of Appeals in the B-2 and I Districts on individual
lots of record less than two acres in size; and are prohibited in
the LaVale Overlay District.
Planned residential developments shall be permitted in the R-1, R-2 and GU Districts and may be permitted as a special exception in the A and C Districts by the Board of Appeals. All uses are subject to the plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code.
Accessory dwelling units shall be permitted in the B-1, B-2, and I Districts, subject to conditions set forth in § 360-129.
Home occupations shall be permitted in the B-1, B-2 and I Districts
and shall be permitted in the R-1, R-2, GU, A and C Districts, subject
to the following conditions:
A.
Such use shall not involve any modification of said dwelling or accessory structure to alter its outward appearance as a residential use. Signs are permitted per § 360-137.
B.
The sale of wholesale or retail items not made on the premises is
considered a home occupation in the R-1 and R-2 Districts when the
items being sold are mail ordered or otherwise delivered to the buyer
at another location.
C.
No outdoor storage of equipment, material or stock is permitted in
the R-1 and R-2 Districts. Certain commercial uses, including stables,
kennels, veterinarian clinics, tennis courts or swimming pools, are
not considered residential accessory uses or structures for home occupations.
D.
Any proposed use which the County determines may create noise, vibration,
glare, fumes, odors, electrical interference or increased traffic
which is inappropriate for the neighborhood will not be considered
a home occupation.
E.
Parking associated with home occupations. Commercial vehicles may be parked at the residence of the vehicle's owner or operator in any district other than the R-1 District, provided that the vehicles are not parked on a public right-of-way. In the R-1 District, one commercial vehicle may be parked at the residence of the owner or operator, provided that the vehicle is parked outside the public right-of-way. Off-street parking must be provided for any employees, customers and incidental traffic in conformance with § 360-139.
F.
Automobile repair as a home occupation may be permitted as a special
exception by the Board of Appeals in the R-1 and R-2 Districts.
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
Neighborhood commercial uses shall be permitted in the B-1,
B-2 and GU Districts. Certain small-scale neighborhood commercial
uses may be permitted as a special exception in the R-2 District where
the total square footage of all buildings utilized for the use is
less than 2,000 square feet, limited to grocery stores; retail stores;
specialty shops such as bakeries, barbershops and hairdressers; professional
offices; restaurants; printing shops; banks; and shops for sale or
repair of appliances.
Mixed-use developments may be permitted as a special exception
by the Board of Appeals in the B-1, B-2 and GU Districts, subject
to the following conditions:
A.
The mixed-use development should promote a compact, pedestrian-oriented
district consisting of an employment center, vibrant and dynamic mixed-use
areas, and should promote a diverse mix of residential, business,
commercial, office, institutional, educational, and cultural and entertainment
activities for workers, visitors, and residents. Mixed-use developments
differentiate themselves from multiuse projects such as shopping malls
by integrating different uses within the same structure, including
retailers on the ground floor and residential uses, as well as offices,
on top of the retail tenants. Mixed-use developments must attract
a critical mass of people during the day and night.
B.
Primary uses include those uses permitted in the B-2 District, with
the exception of mobile home parks and mobile homes on individual
lots. Additional permitted development includes apartments and apartments
above permitted or special exception uses.
C.
The development will be served by public water and sewer systems.
D.
A fifty-foot screening buffer is required where a mixed-use development
adjoins residential use or the R-1 District.
E.
Consideration should be given to pedestrian and bicycle connections
between residential areas and neighborhood uses. Connection standards
and requirements shall be determined by the Major Site Plan Review
Committee. Vehicular access will be provided between developments
through connections to neighboring parking areas and streets.
Motels and hotels shall be permitted in the B-2 District; shall
be permitted in the I District where the location is contiguous to
an arterial highway; and may be permitted as a special exception in
the GU District by the Board of Appeals.
Storage and rental of equipment commonly used by contractors
shall be permitted in the B-2 District; shall be permitted in the
I District where the location is contiguous to an arterial highway;
and may be permitted as a special exception by the Board of Appeals
in the GU District.
Conversion of residential structures to commercial uses shall be permitted in the B-1 and B-2 Districts; may be permitted as a special exception by the Board of Appeals in the GU District; and may be permitted as a special exception by the Board of Appeals in the R-2 District for those uses with total building area less than 2,000 square feet. All uses are also subject to the plan review procedures described in § 360-77.
Car, truck or other vehicle sales shall be permitted in the
B-2 District; shall be permitted in the I District where the location
is contiguous to an arterial highway; and may be permitted as a special
exception in the B-1 and GU Districts by the Board of Appeals.
Truck stops and truck terminals shall be permitted in the B-2 District; shall be permitted in the I District where the location is contiguous to an arterial highway; and may be permitted as a special exception by the Board of Appeals in the GU District. All uses are subject to requirements set forth in § 360-128 of this code.
Vehicle towing and storage facilities may be permitted as a special exception by the Board of Appeals in the GU, A, and C Districts, subject to the setback, screening and buffer requirements set forth in the Allegany County Code, of Chapter 446, Salvage Yards.
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
Automobile parts and repair shops shall be permitted in the
B-1, B-2 and GU Districts and shall be permitted in the I District
where the location is contiguous to an arterial highway.
Agricultural uses and structures shall be permitted in all districts.
Animal and poultry husbandry shall be permitted in the R-1 District,
subject to the following condition:
A.
Lots must be a minimum of two acres in size.
Concentrated animal feeding operations may be permitted as a special exception by the Board of Appeals in the I, A and C Districts, subject to the special setback and height requirements described in § 360-128. Sewerage treatment facilities for concentrated animal feeding operations must be approved by the appropriate state agencies and the Allegany County Health Department prior to issuance of a permit for the operation.
Subsurface mineral extraction shall be permitted in all districts, subject to the conditions set forth in § 360-138 of this code.
Surface mining, quarrying, and related haul roads may be permitted as a special exception by the Board of Appeals in the GU, A, and C Districts, subject to the conditions set forth in § 360-138 of this code.
Tipples, wash plants, and other mineral processing facilities may be permitted as a special exception by the Board of Appeals in the I, GU, A, and C Districts, subject to the conditions set forth in § 360-138 of this code.
Industrial wind energy conversion systems (IWECS) may be permitted
as a special exception by the Board of Appeals in the A and C Districts,
subject to the following conditions:
A.
Minimum separation distances. The following separation distances
shall be maintained for industrial wind energy conversion systems:
(1)
One thousand feet from any structure not the property of the
applicant, provided that the structure includes no less than 600 square
feet of occupiable space.
(2)
Two thousand feet from any residential structure.
(3)
Five thousand feet from all schools.
(4)
Five thousand feet from any site listed on the National Register
of Historic Places.
(5)
One thousand feet from the habitats of rare, threatened, or
endangered (RTE) species as delineated on the Department of Natural
Resources (DNR), Heritage Division, Environmentally Significant Areas
(ESAs) maps.
(6)
Special exception applications for industrial WECS within 5,000
feet of the habitats of documented federally endangered species shall
include review and compliance documents from the United States Fish
and Wildlife Services. Acceptable documents include: finding of no
significant impact (FONSI), environmental assessment (EA), or environmental
impact statement (EIS).
(7)
Applicants opting to participate and abide by the recommendations of a DNR environmental review shall be exempt from the provisions of Subsection A(5).
(8)
Pursuant to the provisions of §§ 360-63C and 360-141, and with written authorization of all property owners within the prescribed separation area, applicants may seek a variance in the required minimum separation distance prescribed in Subsection A(1) and (2) herein. At the discretion of the Board of Appeals, variance applications may be heard in conjunction with the special exception hearing.
(9)
If the Board of Appeals finds that concerns regarding health,
safety and welfare warrant additional separation, the Board may, at
its discretion, increase prescribed separation distances by up to
50%.
B.
Setback requirements. The following setback requirements shall be
required for all industrial wind energy conversion systems:
(1)
Each individual IWECS with a height less than 200 feet shall
observe a minimum setback distance equal to no less than 1.0 times
the height of the unit. Setback distances shall be measured from the
base of the unit to property boundaries in all directions. Unit height
shall be determined by measuring the unit from ground level at the
base of the structure to the top of the nacelle.
(2)
Each individual IWECS with a height greater than 200 feet, but
less than 300 feet, shall observe a minimum setback distance equal
to no less than 2.0 times the height of the unit. Setback distances
shall be measured from the base of the unit to property boundaries
in all directions. Unit height shall be determined by measuring the
unit from ground level at the base of the structure to the top of
the nacelle.
(3)
Each individual IWECS with a height greater than 300 feet shall
observe a minimum setback distance equal to no less than 3.0 times
the height of the unit. Setback distances shall be measured from the
base of the unit to property boundaries in all directions. Unit height
shall be determined by measuring the unit from ground level at the
base of the structure to the top of the nacelle.
(4)
Pursuant to the provisions of §§ 360-63C and 360-141, and with written authorization of all affected property owners, applicants may seek a variance of up to 50% of the required minimum setback prescribed herein.
(5)
If the Board of Appeals finds that concerns regarding health,
safety and welfare warrant additional setbacks, the Board may, at
its discretion, increase prescribed setback distances by up to 50%.
C.
Electromagnetic interference.
(1)
All applicants for industrial wind energy conversion systems
shall be required to prepare and submit an electromagnetic interference
analysis (EIA), which shall be performed at the applicant's expense
and in accordance with guidelines established by the Zoning Administrator.
(2)
Copies of the completed EIA shall be submitted to the following
for comment:
(a)
Allegany County Office of Emergency Management.
(b)
Allegany County Department of Public Safety.
(c)
All municipalities within a five-mile radius.
(d)
All emergency responders within a one-mile radius, including
police, fire, and rescue.
(e)
Maryland State Police.
(f)
Allegany County Sheriff's Office.
(g)
Owners of all telecommunications towers within a five-mile radius.
(h)
All radio stations operating within Allegany County or within
a five-mile radius if located outside of Allegany County.
(i)
All radio, television, or satellite transmission entities with
on-the-ground facilities, including transmissions towers, within Allegany
County.
(j)
All television stations operating within Allegany County or
within a five-mile radius if located outside of Allegany County.
(k)
Federal Communications Commission.
(l)
Federal Aviation Administration.
(3)
A copy of the EIA shall be placed in all branches of the Allegany
County Public Library and shall be posted on the Allegany County government
website.
(4)
The applicant shall be required to abide by the recommendations
and conditions of the EIA and shall be required to satisfactorily
address any concerns identified in the EIA.
(5)
All entities identified in Subsection C(2) shall have 90 calendar days from the date of filing of the EIA to provide comments to the Allegany County Office of Land Development Services.
(6)
The Zoning Administrator may impose additional conditions, including the elimination or reconfiguration of all or any part of the proposed project on the basis of the EIA and the responses received from the interested agencies identified in Subsection C(2).
(7)
Prior to receiving authorization for the construction of IWECS
devices, the applicant shall post bond in the amount of $100,000 to
cover the costs of preparation of subsequent EIAs. Such subsequent
EIAs shall be prepared under the direction and management of the Zoning
Administrator in the event that there are reasonable complaints of
electromagnetic interference after construction of the project. The
applicant shall conform to all recommendations from such supplemental
EIAs in order to reduce or eliminate any electromagnetic interference
identified by the EIAs. Failure to do so within a reasonable time
to be established by Allegany County shall result in forfeiture of
the project bond and suspension of the authorization to operate the
device.
(8)
Any interference with public safety or emergency management
communication shall constitute just cause for a temporary shutdown
of the project until such time as a supplemental EIA can be completed.
D.
Decommissioning bond.
(1)
Decommissioning provisions in this subsection shall apply to
industrial wind farms, or portions thereof.
(2)
The IWECS facility owner or operator shall, at its expense,
complete decommissioning of the IWECS facility within 180 days of
the cessation of facility operations. In the case of individual turbine
units, the unit will be presumed to have ceased operations if no electricity
is generated for a continuous period of 180 days. For wind farms,
the farm will be presumed to have ceased operations if no electricity
is generated for a continuous period of 180 days.
(3)
Decommissioning shall include the removal and appropriate legal
disposal or recycling of all IWECS components, including, but not
limited to, turbines, support facilities, buildings, cables, electrical
components, roads, concrete, fencing, gravel, stone and foundations
to a depth of 36 inches.
(4)
Disturbed earth in all areas shall be stabilized, graded and
seeded. Restoration of the pad sites shall include replacing the excavated
foundation areas with topsoil that is free of noxious weeds, with
no rocks, root mat or foreign objects larger than two inches in size,
with proper soil nutrients (fertilizer, lime and other amendments)
to provide and sustain growth.
(5)
Prior to permitting, an independent and certified professional
engineer shall be retained by the County to prepare a cost estimate
for decommissioning, without regard to salvage value. All costs associated
with this task shall be borne by of the applicant.
(6)
A bond equal to 100% of the above-referenced cost estimate shall
be posted by the applicant for each wind energy device to be erected,
and no permit shall be issued until such bond is posted. Additionally,
construction pricing indexing (CPI) shall be applied to the cost estimate
to ensure that cost increases during the five-year interval will not
decrease the value of the bond.
(7)
The bond shall be held by the Allegany County Finance Department
to be used as surety in the event of noncompliance on the part of
the applicant or in the event that the unit ceases operation for a
period of time greater than 180 days. In the event that the unit is
sold, the bond shall be released if the new owner shall post a bond
in an equal amount with the Allegany County Finance Department.
(8)
In the event that the operator ceases to operate the unit or
has abandoned the unit for a period in excess of 180 days, the County,
at its sole discretion, may request that the unit be decommissioned
and removed. In the event that the applicant does not comply with
the request, the bond shall be utilized by Allegany County to cover
the costs of decommissioning. The bond may further be utilized by
the County for the costs of correcting any other acts of noncompliance
with these regulations or directives of the County.
(9)
In the event of a transfer of unit ownership, the County reserves
the right to reassess the amount of the bond and request an additional
amount to be posted in order to provide adequate surety. Any costs
to the County associated with these activities shall be reimbursed
by the current project owner or operator.
(10)
Immediately following construction completion, and every five
years thereafter, the County shall retain an independent and certified
professional engineer to prepare a cost estimate for decommissioning,
without regard to salvage value. All costs associated with this task
shall be borne by the applicant or operator. The most recently prepared
cost estimate shall be compared to the amount currently under bond,
and the County, at its sole discretion, may alter the bond amount
to stay current with decommissioning cost estimates.
E.
Groundwater protection bond.
(1)
A bond in an amount to be recommended by the Allegany County
Health Department shall be posted by the applicant for each wind energy
device to be erected, and no permit shall be issued until such bond
is posted.
(2)
The bond shall be held by the Allegany County Finance Department
to be used as surety in the event of damage, disruption or loss of
groundwater resources, specifically damage or disruption to groundwater
resources or associated infrastructure utilized to provide potable
water supply to occupied structures within one mile of any portion
of a IWECS project.
(3)
Prior to construction authorization, the County Health Department
shall take all necessary steps to verify that each structure utilizing
on-site groundwater resources within a radius of one mile of any portion
of any IWECS project has received a certificate of potability.
(4)
Prior to construction authorization, the County Health Department
shall take all necessary steps to verify that each structure utilizing
on-site groundwater resources within a radius of one mile of any portion
of any IWECS project is supplied with sufficient quantity, as determined
by recharge rates, pressure and other appropriate standards as typically
utilized by the Health Department.
(5)
Within 12 months of IWECS construction completion, the County
Health Department shall conduct sampling of each groundwater-supplied
structure within one mile of any portion of any IWECS project.
(6)
If sampling indicates a change in quality or quantity, the Health
Department shall engage well drillers and other experts, as necessary,
to determine if the well has been compromised.
(7)
If, in the opinion of the Health Department, the compromised
well cannot be satisfactorily rehabilitated, a new well shall be drilled.
(8)
Any new well must satisfy Health Department standards and receive
a certificate of potability.
(9)
In the event that these protocols fail to remedy the situation,
the Health Department shall exercise other remedies as necessary.
(12)
The bond shall be released upon satisfaction of the County Health
Department or the expiration of five years, whichever comes first.
(13)
Prior to the expiration of the above-referenced five-year time
period, the County Health Department may, at its discretion, order
additional bonding or extend the bonding period.
F.
Supplemental safety provisions.
(1)
Applicants submitting for review a certificate by a qualified engineer attesting to the structural integrity of each IWECS and a winds load analysis prepared by a qualified engineer may be eligible for an administrative adjustment of up to 25% of the required setbacks as specified in Subsection B herein.
(2)
No IWECS shall incorporate any artificial exterior lighting
except what is specifically required by the Federal Aviation Administration
(FAA).
(3)
In the event that the FAA requires daytime high-intensity strobe
lighting, a set of red or amber marker lights shall be installed for
nighttime use. The red or amber lights shall replace daytime strobe
lights from dusk until dawn. All high-intensity strobe lights shall
be turned off at twilight, subject to FAA requirements.
(4)
Each turbine and all equipment and storage structures, facilities
or enclosures shall be equipped with at least two access prevention
locks. These devices shall be designed to prevent unauthorized access
and personal injury. Applicants shall present as part of their permit
application a detailed plan displaying the necessary hardware to defeat
access.
(5)
Each turbine and all equipment and storage structures, facilities
or enclosures shall incorporate no fewer than two warning signs. Each
sign shall include the words: "Danger High Voltage" and shall include
symbols or pictographs representing same. Any such signage shall be
legibly discernible at a distance of 50 feet.
G.
Removal of IWECS. The structure shall be utilized continuously for
electrical power generation. In the event the structure ceases to
be used for a period of six months, the approval will terminate. The
landowner/structure owner/operator shall remove the structure within
90 days after termination of use. The County shall not be responsible
for removal of the structure.
Industrial wind farms may be permitted as a special exception by the Board of Appeals in the A and C Districts, subject to the conditions of § 360-107, Industrial wind energy conversion systems (IWECS).
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
Solar energy systems (SES) as a primary use shall be permitted
in A and C Districts and may be permitted as a special exception by
the Board of Appeals in the I district if located on EPA-certified
brownfield land or Maryland Bureau of Mines documented reclaimed or
abandoned surface-mined land and may be permitted as a special exception
by the Board of Appeals in all other areas of the A and C Districts
and in the I District, subject to the following conditions:
A.
All solar panels shall utilize glare-mitigating technology.
B.
Any solar energy system which the County determines to be a source
of noise, vibration, glare, fumes, odors, electrical interference
or increased traffic inappropriate for the neighborhood will be required
to prepare a plan demonstrating mitigation of said problems.
C.
The minimum all-around setback for the solar energy system is 30
feet or the fire separation distance, whichever is greater.
D.
A screening buffer shall be provided from rights-of-way of County-
or state-maintained roads.
E.
Secure fencing surrounding the solar energy system shall be required.
F.
Interconnections and power lines running to/from the solar energy
system shall be placed underground.
G.
The solar energy system shall be subject to the special setback and height requirements for industrial uses found in § 360-128 of this code.
H.
As part of the site plan approval, a description of the decommissioning
and final land reclamation plan to be put into effect after anticipated
useful life or abandonment or termination of the project shall be
required. This will include evidence of an agreement with the property
owner that ensures proper final removal of power-generating equipment.
Solar energy systems (SES) accessory to nonresidential uses
shall be permitted in all districts, subject to the following conditions:
A.
All solar panels shall utilize glare-mitigating technology.
B.
Any solar energy system which the County determines to be a source
of noise, vibration, glare, fumes, odors, electrical interference
or increased traffic inappropriate for the neighborhood will be required
to prepare a plan demonstrating mitigation of said problems.
C.
The solar energy system shall be exempt from permitting if mounted
on an existing building. A land use permit will not be required; however,
the solar energy system must comply with applicable building setbacks
and building code requirements.
D.
A ground-mounted solar energy system shall be a permitted use following
site plan review.
F.
Freestanding solar panels shall not exceed 20 feet in height.
Solar energy systems (SES) accessory to residential uses shall
be permitted in all districts, subject to the following conditions:
A.
All solar panels shall utilize glare-mitigating technology.
B.
Any solar energy system which the County determines to be a source
of noise, vibration, glare, fumes, odors, electrical interference
or increased traffic inappropriate for the neighborhood will be required
to prepare a plan demonstrating mitigation of said problems.
C.
The solar energy system shall be exempt from permitting if mounted
on an existing building. A land use permit will not be required; however,
the solar energy system must comply with applicable building setbacks
and building code requirements.
E.
Freestanding solar panels shall not exceed 20 feet in height.
Solar energy systems (SES) utilizing thermal production of energy
may be permitted as a special exception by the Board of Appeals in
the I District, subject to the following conditions:
A.
All solar panels shall utilize glare-mitigating technology.
B.
Any solar energy system which the County determines to be a source
of noise, vibration, glare, fumes, odors, electrical interference
or increased traffic inappropriate for the neighborhood will be required
to prepare a plan demonstrating mitigation of said problems.
Campgrounds may be permitted as a special exception in the R-2, GU, A, and C Districts by the Board of Appeals, subject to the plan review procedures described in § 360-77, the Special setback and height requirements described in § 360-128, and the planned development standards described in § 360-135D of this code.
Adult uses may be permitted as a special exception by the Board
of Appeals in the B-2 District, subject to the following conditions:
A.
No adult use shall be located within any of the following:
(1)
One thousand lineal feet of the lot line of any library, public
park, or other public recreational area, or residential district,
regardless of municipal borders;
(2)
One thousand five hundred lineal feet of the lot line of any
primary or secondary school, child day-care center, church or similar
place of worship, or existing dwelling unit, regardless of municipal
borders;
(3)
Any district other than the B-2 Major Commercial District.
B.
A thirty-foot-wide evergreen screening buffer or a fence or wall
of a height and consistency to block the view of the use from adjacent
property shall be provided along the side and rear lot lines.
C.
No pornographic material, display or words shall be visible from
outside of the establishment. No activities shall violate federal,
state or County criminal law.
D.
For public safety reasons, an adult use shall not be combined with
the sale or consumption of alcoholic beverages.
E.
For public health reasons, private viewing booths are prohibited.
F.
Any application for an adult use shall include the full legal name
and home addresses of all persons who will have any ownership interest
in the use or any corporation that controls the use; and an on-site
manager who shall be personally responsible, in addition, to the owners,
to ensure that this section is complied with on a daily basis. Any
changes to such information shall be reported to the Zoning Administrator,
in writing, within seven days.
G.
No adult use shall operate between the hours of 11:00 p.m. and 8:00
a.m.
[Amended 7-11-2019 by Bill No. 1-19, effective 8-25-2019]
Cellular, relay, repeating and transmitting towers shall be permitted in the I, A, and C Districts and may be permitted as a special exception by the Board of Appeals in the B-2 and GU Districts. All uses are subject to § 360-128, Special setback and height requirements and to the following condition:
A.
The structure shall be utilized continuously for wireless communications.
In the event the structure ceases to be used for a period of six months,
the approval will terminate. The landowner/structure owner/operator
shall remove the structure within 90 days after termination of use.
The County shall not be responsible for removal of the structure.
Airports and landing fields shall be permitted in the A and C Districts, subject to the special setback and height requirements described in § 360-128.
Billboard signs shall be permitted in the B-1, B-2, I and GU Districts, subject to § 360-137, Lighting, signs and billboards. Billboard signs are prohibited in the LaVale Overlay District.
Directional signs shall be permitted in all districts, subject to § 360-137, Lighting, signs and billboards.
Salvage yards shall be permitted in the I District and may be permitted by special exception by the Board of Appeals in the GU, A, and C Districts, subject to the Allegany County Code, Chapter 446, Salvage Yards.
Solid waste processing/resource recovery facilities shall be permitted in the I District, subject to the setback and height requirements of § 360-128; and may be permitted as a special exception by the Board of Appeals in the GU, A, and C Districts, subject to the setback and height requirements of § 360-128.
[Added 1-10-2019 by Bill No. 7-18,[1] effective 2-24-2019]
Farm alcohol producers shall be permitted in the B-1, B-2, I,
GU, A and C Districts and may be permitted as a special exception
by the Board of Zoning Appeals in the R-2 District, subject to the
following requirements, conditions, and limitations:
A.
The primary use of the property shall continue to be agricultural
in nature and the production and sales of farm alcohol on-site shall
not be used solely to warrant or justify the assignment of future
land use designation or rezoning petitions.
B.
A farm alcohol producer must have a valid Maryland-issued alcohol
manufacture license.
C.
All new associated structures shall be subject to a fifty-foot vegetative
buffer on the side and rear lot lines.
E.
Health Department approval for water supply and wastewater disposal
systems is required.
F.
New structures established as a part of both the farm alcohol production and the accessory uses thereof, must meet the requirements of Chapter 255, Building Construction.
G.
A farm alcohol producer must have frontage on and direct access to
a publicly maintained road.
[Added 8-27-2020 by Bill No. 1-20, effective 10-11-2020]
Banquet/assembly halls shall be permitted in the B-1, B-2 and
GU Districts and may be permitted as a special exception by the Board
of Appeals in the A and C Districts, subject to the following conditions:
B.
A fifty-foot
screening buffer is required along the side and rear lot lines in
the A and C Districts.
D.
New and existing farm structures, for the purposes of being constructed and/or renovated and utilized as a banquet/assembly hall, are not considered agricultural structures and, therefore, are not exempt from meeting the requirements of Chapter 255, Building Construction.
