B.
A special exception grant or approval shall be limited
to the site plan approved by the Board. Any substantial modification
to the approved site plan shall require further Board approval.
C.
Extension of any use or activity permitted as a special
exception shall require further Board approval.
D.
The Board may require a bond, irrevocable letter of
credit or other appropriate guaranty as may be deemed necessary to
assure satisfactory performance with regard to all or some of the
conditions.
E.
In the event that the development or use is not commenced
within 3 years from date of final decision, after all appeals have
been exhausted, the approval for the special exception shall be void.
In the event of delays, unforeseen at the time of application and
approval, the Director of Planning shall have the authority to extend
the approval for an additional 12 months or any portion thereof.
The special exceptions enumerated herein, in
addition to other conditions as may be imposed by the Board, shall
comply with the following requirements:
A.
Amusements.
(1)
Arenas and stadiums. These uses may be granted in
the B3, CI, LI and GI Districts, provided that:
(a)
Separate vehicular entrances and exits shall
be provided at least 400 feet away from any road intersection.
(b)
No buildings or structures, including rides
or other apparatus, shall be located less than 50 feet from any parcel
boundary or less than 200 feet from any adjacent residential lot.
(c)
No automobile parking space shall be located
within any required setback area or within 50 feet of any adjacent
residential lot.
(d)
A minimum parcel area of 75 acres is established.
(2)
Club, recreational. These uses may be granted in the
AG, RR, R1, R2, R3, R4 and GI Districts, provided that:
[Amended by Bill No. 19-016]
(a)
No off-street parking or loading area shall
be located within any required yard or within 25 feet of any parcel
boundary.
(b)
Off-street parking and loading areas, swimming
pools and tennis courts shall be buffered from adjacent residential
lots.
(c)
The principal access shall be provided from
an arterial or collector road.
(d)
No more than 20% of the land area upon which
such a use is conducted may be located in the GI District.
(e)
Any outside lighting used to illuminate a use
permitted under this section shall be designed, installed and maintained
in a manner not to cause a glare or reflection on adjacent residential
lots.
(3)
Fairgrounds, racetracks and theme parks. These uses
may be granted in the AG, CI, LI and GI Districts, provided that:
(a)
A minimum parcel area of 75 acres is established.
(b)
The principal access shall be provided from
an arterial or collector road.
(c)
Separate vehicular entrances and exits shall
be provided at least 400 feet away from any road intersection.
(d)
No buildings or structures, including rides
or other apparatus, shall be located less than 50 feet from any parcel
boundary or less than 200 feet from any adjacent residential lot.
(e)
No automobile parking space shall be located
within any required setback area or within 50 feet of any adjacent
residential lot.
(4)
Marinas and boat launching, storage and repair. These
uses may be granted in the AG, RR, R1, R2, R3, R4, B1, B2 and LI Districts,
provided that:
(a)
In the urban residential districts, such facilities
shall be a part of a conventional with open space (COS) development
or a planned residential development (PRD).
(5)
Motor vehicle recreation, ATV and go-cart tracks.
These uses may be granted in the AG and GI Districts, provided that:
(a)
A minimum parcel area of 25 acres is established.
(b)
Proper sediment control measures are used for
any stormwater runoff.
(c)
The primary activity takes place a minimum of
500 feet from any adjacent residential lots.
(d)
No adjoining property is participating in the
agricultural preservation program.
(e)
Hours of operation shall be established by the
Board of Appeals.
(6)
Outdoor theaters. These uses may be granted in the
AG District, provided that:
(7)
Indoor shooting ranges. These uses may be granted
in the AG District, provided that:
(a)
Adequate measures are taken to ensure that no
loaded firearms will be brought into or taken out of the building.
(b)
The sale, consumption or possession of alcoholic
beverages on the premises is forbidden.
(c)
Such range is constructed in such a manner as
to eliminate danger to persons or property from flying projectiles.
(d)
The manner and times of operation shall be such
that there will be no resulting detrimental disturbances to neighboring
uses.
(8)
Golf driving ranges and miniature golf courses. These
uses may be granted in the AG and VB Districts, provided that:
(9)
Trap, skeet, rifle or archery ranges, outdoor. These
uses may be granted in the AG, CI and GI Districts, provided that:
(a)
A minimum parcel area of 75 acres shall be required
for all rifle and pistol ranges. A minimum parcel area of 25 acres
shall be required for all trap, skeet and archery ranges.
(b)
Discharging of firearms or release of arrows
shall not be permitted within 500 feet of any property line.
(c)
Such range is constructed in such a manner as
to eliminate danger to persons or property from flying projectiles.
(d)
The manner and times of operation shall be such
that there will be no resulting detrimental disturbances to residential
neighborhoods.
(e)
The facilities shall be designed so that the
topographic features of the parcel are used to enhance safety and
minimize firearm noise.
(10)
Indoor theaters. These uses may be granted in
an AG District, provided that:
(a)
Such theaters shall be for live productions
only.
(b)
The proposed uses shall be located on an historic
site or within an historic structure.
(c)
Any historic structures renovated and used shall
be subject to review by the Historic Preservation Commission.
(d)
The project shall respond to and be protective
of natural and historic features of the site.
(e)
All structures shall be located at least 200
feet from any adjacent residential lot.
(f)
Parking areas shall be buffered from adjacent
residential lots. Sufficient parking to accommodate all patrons on
the site shall be provided.
(g)
A minimum parcel area of 3 acres is established.
(h)
Activities or uses on the site shall be limited
to those approved by the Board.
(12)
Agricultural resource center. This use may be
granted in the AG District, provided that:
(a)
A minimum parcel area of 100 acres is established.
(b)
The principal access shall be provided from
a collector or higher functionally classified roadway as defined by
the most recently adopted transportation element plan.
(c)
No building or structure, including temporary
structures, shall be located less than 200 feet from any adjacent
residential lot.
(d)
Any outside lighting shall be designed, installed
and maintained in a manner not to cause a glare or reflection on adjacent
residential lots.
(e)
Ancillary uses to the agricultural resource
center are defined as office space, banquet hall and meeting rooms.
The ancillary uses are limited to 10% of the total building square
footage or 25,000 square feet, whichever is less.
(f)
Public events are limited to 1 event per 30
calendar days, and hours of operation for public events are permitted
between 6:00 a.m. and 10:00 p.m.
(13)
Entertainment and events center. This use may be granted in the B2,
B3, CI, LI, GI and MO Zoning Districts provided that:
[Added by Bill No. 22-008]
(a)
A minimum parcel area of 5 acres is established.
(b)
The entertainment and events center shall be served by public
water and sewer facilities.
(c)
The use shall be setback a minimum of 100 feet from residentially
zoned parcels.
(d)
In the CI, LI and GI Zoning Districts, a 200-foot setback shall
be established from any established industrial use that manufactures
chemical, petroleum products including refining and lubricating oils
and greases, ammunition ordnance and accessories, steel or metal manufacturing,
reclaimed rubber, recycling centers, secondary smelting and refining,
or tire and inner tubes.
(e)
Pursuant to § 267-30 (Buffer yards), A Type "E" buffer shall be established along all residential lot lines and a Type "A" buffer shall be established along all non-residential lot lines, excluding adjoining public or private rights-of-way.
(f)
No outdoor activities are permitted between 10:00 p.m. and 8:00
a.m. Sunday through Thursday and between 11:00 p.m. and 8:00 a.m.
Friday and Saturday.
(g)
Any lighting shall be shaded, shielded or directed so that the
light intensity or brightness does not adversely affect the operation
of vehicles or reflect into the residential lots or buildings and
may be used only during the permitted hours of operation.
(h)
The site shall provide a minimum of 1 of the permitted uses
from the Amusements Classification on the Permitted Uses Chart as
set forth in Subsection [1] below and shall be designed to integrate
a minimum of 2 other permitted uses as set forth in Subsection [2]
below:
(i)
One use from the Amusements Classification on the Permitted
Uses Chart as set forth in Subsection [1] above, as well as a minimum
of 2 additional permitted uses as set forth in Subsections [1] and
[2] above, shall be operational at all times.
B.
Industrial uses.
(1)
Offal or dead animal disposal or processing services.
These uses may be granted in the AG and GI Districts, provided that:
(2)
Paper and allied products. These uses may be granted
in the GI District, provided that structures are designed so as to
ensure that the activities conducted therein will not endanger the
public health and safety and, further, that any odors will not be
a nuisance to the neighborhood.
(3)
Petroleum refining. These uses may be granted in the
GI District, provided that:
(4)
Lubricating oils and greases. These uses may be granted
in the GI District, provided that:
(6)
Ammunition. These uses may be granted in the LI and
GI District, provided that such buildings are constructed to ensure
that the activities enclosed therein will not endanger the public
health and safety.
(7)
Ordnance and accessories. These uses may be granted
in the LI District, provided that:
(a)
The Board of Appeals shall establish the hours
in which the operation and testing shall occur.
(b)
The trajectory of any weapons being tested outdoors
be directed away from any buildings within site-line, within 1/2 mile.
(c)
Underground testing must occur within approved
containment devices.
(d)
Air drops of ordnance and accessories is prohibited.
(e)
Appropriate off-site signs shall be posted within
standard limits, warning of explosions and radio-wave interference.
(f)
Facilities testing self-propelled machinery
shall be buffered with a 100-foot landscaped buffer yard that provides
a 100% opaque screen year-round.
(8)
Laboratory research, experimental or testing. These
uses may be granted in the AG District, provided that:
(9)
Biological
products. These uses may be granted in the CI, LI and GI Districts,
provided that:
[Added by Bill No. 09-31]
(a)
A minimum parcel area of 5 acres is required.
(b)
A Type "E" buffer, pursuant to § 267-30 (Buffer yards), shall be provided along any boundary with an adjacent residential lot.
(c)
Structures shall be designed so as to ensure that the activities
conducted therein will not endanger the public health and safety.
C.
Institutional uses.
(1)
Cemeteries, memorial gardens and crematories. These
uses may be granted in the AG, RR, R1, R2, R3, R4, VR, VB, B1, B2,
B3, CI and LI Districts, provided that:
(a)
A minimum parcel of 20 acres for cemeteries
and memorial gardens shall be established, unless such uses are accessory
to a house of worship.
(b)
Structures used for interment, including mausoleums,
vaults or columbariums, shall be set back not less than 50 feet from
any road bounding the cemetery and not less than 50 feet from any
other lot line.
(c)
All graves or burial plots shall be set back
not less than 30 feet from any public road right-of-way and not less
than 50 feet from any adjacent lot line.
(d)
Such use shall be subject to the approval of
the State Department of Health and Mental Hygiene.
(2)
Club, non-profit. These uses may be granted in the
AG, RR, R1, R2, R3, R4 and VR Districts, provided that:
[Amended by Bill No. 09-31; 19-016]
(a)
Any building shall be at least 100 feet from
any adjacent residential lot and at least 50 feet from any other lot
line. The front yard depth shall be at least 25 feet, except along
roads with 80-foot rights-of-way or more, where the front yard depth
shall be at least 50 feet.
(b)
Total building coverage shall not be more than
30% of the parcel area.
(c)
No parking area shall be located in any required
front yard.
(3)
Community centers or assembly halls. These uses may
be granted in the AG, RR, R1, R2, R3, R4 and VR Districts, provided
that:
(a)
Any building shall be at least 100 feet from
any adjacent residential lot and at least 50 feet from any other lot
line. The front yard depth shall be at least 50 feet.
(b)
Total building coverage shall not be more than
30% of the parcel area.
(c)
No parking space shall be located in any required
front yard.
(4)
Day-care centers.
(a)
These uses may be granted in the AG, RR, R1,
R2, R3, R4 and VR Districts, provided that:
[1]
A minimum parcel area of 1/2 acre is established.
[2]
Access to the facility shall be from an arterial
or collector road.
[3]
All outdoor play areas shall be located in a fenced area in the rear of the building. A Type "B" buffer, pursuant to § 267-30 (Buffer yards), shall be provided along any boundary with an adjacent residential lot.
[4]
The operation may be conducted in a previously
existing structure, or, if a new structure is constructed, the architecture
of the building shall be harmonious with other architecture within
the neighborhood.
(b)
These uses may be granted in the CI, LI and
GI Districts, provided that:
[1]
Access to the facility shall be from a public
road.
[2]
In order to minimize children's exposure to noise and other emissions from roads, parking areas and industrial activities, the facility's outdoor play area shall be fenced. A Type "B" buffer, pursuant to § 267-30 (Buffer yards), shall be provided around the play area.
[3]
Before opening the facility, its operator shall
file emergency evacuation and sheltering plans for the facility with
the Emergency Operations Division and the 3 closest volunteer fire
and ambulance companies.
[4]
The Board may deny an application if the proposed
facility would be located near an industrial use that constitutes
a potential hazard to the children in the facility.
(5)
Fire station, with fire station assembly hall. This
use may be granted in the RR, R1, R2, R3, R4 and VR Districts, provided
that:
(a)
A minimum parcel area of 3 acres is established.
(b)
Any building shall be at least 100 feet from
any adjacent residential lot and at least 50 feet from any other lot
line. The front yard depth shall be at least 100 feet, except along
roads with 80-foot rights-of-way or more, where the front yard depth
shall be at least 50 feet.
(c)
Total building coverage shall not be more than
30% of the parcel area.
(d)
No parking space shall be located in any required
front yard or less than 50 feet from any adjacent residential lot.
(6)
Hospitals. These uses may be granted in the R2, R3,
R4 and RO Districts, provided that:
(a)
A minimum parcel area of 15 acres is established.
(b)
The hospital complies with all applicable rules
and regulations of the State Department of Health and Mental Hygiene.
(c)
The hospital must be serviced by public water
and sewer systems.
(d)
Any structure is located at least 300 feet from
any adjacent residential lot.
(e)
Any parking area shall be at least 25 feet from
any adjacent residential lot.
(f)
Access to the use shall be from an existing
or proposed arterial or collector road.
(7)
Schools, colleges and universities, excluding Harford
County public schools and Harford Community College, offering general
academic instruction. These uses may be granted in the AG, RR, R1,
R2, R3, R4, RO, VR, VB, B1, B2, B3 and CI Districts, provided that:
[Amended by Bill No. 17-004]
(a)
It is located on a parcel of at least 1 acre.
An additional 800 square feet of parcel area is required for each
student in excess of 30.
(b)
It is located on a parcel frontage of at least
200 feet.
(c)
A front yard depth of at least 50 feet, a side
yard depth equal to at least 2 times the height of the tallest structure
located on the parcel which is proximate to the side yard and a rear
yard depth of at least 50 feet.
(d)
School buses shall be garaged or shall be stored
in an area to the rear of the main building and adequately buffered.
D.
Motor vehicle and related services.
(1)
Commercial vehicle and equipment storage and farm
vehicle and equipment sales and service. These uses may be granted
in the AG District, provided that:
(a)
The vehicles and equipment are stored entirely
within an enclosed building or are fully buffered from view of adjacent
residential lots and public roads.
(b)
The sales and service of construction and industrial
equipment may be permitted as an accessory use incidental to the sales
and service of farm vehicles and equipment.
(c)
A minimum parcel area of 5 acres shall be provided.
(d)
All parking and storage areas must be clearly
delineated and constructed of a stabilized surface.
(2)
Motor vehicle repair shops. These uses may be granted
in the AG and B1 Districts, provided that:
(a)
A Type "C" buffer, pursuant to § 267-30 (Buffer yards), shall be provided along any adjacent road right-of-way or adjacent residential lot.
(b)
Outdoor storage shall be prohibited.
(c)
Vehicles, except those used in the operation
of the business, may not be stored on the property for more than 90
calendar days.
(d)
The rental or storage of trailers, boats and
trucks shall be prohibited.
(e)
The fumes, odors and noise from the vehicle-related
work shall be minimized.
(f)
A minimum parcel area of 5 acres in the AG District
and 1 acre in the B1 District is required.
(g)
In the AG District, the use shall be operated
by the resident of the property.
(h)
Lighting shall be designed and controlled so
that any light shall be shaded, shielded or directed so that the light
intensity or brightness does not adversely affect the operation of
vehicles or reflect into residential lots or buildings.
(i)
All parking and storage areas must be clearly
delineated and constructed of a stabilized surface.
(3)
Salvage and junk yards. These uses may be granted
in the GI District, provided that:
(a)
A minimum parcel area of 10 acres is required.
(b)
Storage and salvage areas are fully buffered
from view of public roads and neighboring residences by means of a
solid fence or wall at least 8 feet high.
(c)
No salvage material or junk may be piled more
than 6 feet high or above the level of the buffer yard, whichever
is greater.
E.
Natural resource uses.
(1)
Mineral extraction and processing. These uses may
be granted in the AG, RR, R1, R2, R3, R4, RO, VR, VB, B1, B2 and B3
Districts, provided that:
(a)
A permit for such use has been approved by the
Maryland Department of the Environment.
(b)
No building or structure shall be located within
100 feet of any road right-of-way or adjoining property line.
(c)
The following buffer requirements shall be maintained:
[1]
In addition to § 267-30, all areas in which extraction activities occur shall maintain a minimum 1,000-foot buffer from any adjacent road and a minimum buffer of 1,500 feet from any adjacent residentially zoned parcel. Within the required buffer yard, a minimum 20-foot recreational buffer shall be maintained;
[2]
The storage of overburden shall not be visible
above the tree line and shall be properly screened from any adjacent
road or residentially zoned parcel; and
[3]
Blasting activities shall not be permitted within
2,000 feet of any residentially zoned parcel or designated historic
landmark.
(d)
Existing trees and ground cover along public
road frontage shall be preserved, maintained and supplemented by the
selective cutting, transplanting and addition of trees, shrubs and
other ground cover for the depth of the front yard setback. Where
it is determined that landscaping is not practical because of soil
and/or operation conditions, other buffering shall be provided.
(e)
Any use authorized as a conditional use pursuant to Board of Appeals approval prior to the effective date of this Part 1 shall comply with the conditions as previously established. Any use authorized after the effective date of this Part 1, as amended, may proceed, subject to the conditions of this section. Where a conditional use or special exception has been granted, any modification or change of operations affecting the conditions or expansion of the use shall be subject to approval by the Board of Appeals.
(f)
The Director of the Department of Planning and
Zoning annually shall require all active mining operations that operate
subject to a Board of Appeals decision to submit to the Department
a certificate of compliance. The certification shall be signed by
the chief executive officer and the plant operator/manager of the
company which owns the property and shall state whether the mining
operation is in compliance with all of the conditions in the Board's
decision. The certificate of compliance shall include detailed information
to address the conditions imposed as part of the Board of Appeals
case. The Director of the Department of Planning and Zoning may require
any additional information needed to verify compliance, such as a
property line or topographic survey or part or all of the property
sealed by a professional land surveyor or registered property line
surveyor.
(2)
Sawmills, firewood processing and distribution. These
uses may be granted in the AG and B3 Districts, provided that
(a)
A minimum parcel area of 10 acres is required.
(b)
Storage areas are fully buffered from view of
public roads and neighboring residences by means of a solid fence
or wall at least 8 feet high.
(c)
A Type "E" buffer yard [See § 267-30 (Buffer yards).] shall be provided along any adjacent road right-of-way or adjacent property.
(d)
No wood products shall be piled more than 6
feet high or above the level of the buffering, whichever is greater.
(3)
Mulch
processing, storage and sales. These uses may be granted in the AG
District, provided that:
[Added by Bill No. 09-31]
(a)
A minimum parcel area of 10 acres is required.
(b)
Storage areas are fully buffered from view of public roads and neighboring
residences by means of a solid fence or wall at least 8 feet high.
(c)
A Type "E" buffer yard [see § 267-30 (buffer yards)] shall be provided along any adjacent road right-of-way or adjacent property.
(d)
No wood products shall be piled more than 6 feet high or above the
level of the buffering, whichever is greater.
F.
Residential uses.
(1)
Apartments, high-rise. These uses may be granted in
the R4 District, provided that:
[Amended by Bill No. 23-027]
(a)
A minimum parcel area of not less than 3 or
more than 20 acres shall be established.
(b)
The density shall not exceed 30 dwelling units
per acre for high-rise apartments, and the maximum building coverage
shall be 30% of the total parcel for high-rise apartments.
[Amended by Bill No. 11-04]
(c)
The location is suitable for apartment dwellings
with regard to traffic, access, efficiency and convenience of land
use and safety.
(d)
The proposed project is designed with properly
arranged traffic flow, pedestrian linkages and parking; buildings
which are compatible and harmonious with surrounding uses; and minimum
obstruction to the view of those who live in the surrounding area.
(e)
The open space shall constitute at least 35%
of the parcel area, of which at least 40% shall be suitable for and
devoted to active recreation.
(f)
Any area not used for buildings, structures
or parking shall be landscaped and properly maintained.
(2)
Camps, retreats and recreational vehicle parks. These
uses may be granted in the AG District, provided that:
(a)
Recreational vehicle parks shall contain electrical
and water outlets for individual sites, 1 or more central sanitary
stations, toilets and shower facilities.
(b)
The parcel shall have a minimum frontage of
200 feet on a collector or arterial road.
(c)
The maximum density permitted shall be 10 campsites
or rooms per acre, with a minimum campsite size of 3,000 square feet.
All campsites shall be at least 50 feet from any property line.
(d)
The only permitted permanent residential occupancy
shall be for the resident owner or manager.
(3)
Country inns, tourist homes and resorts. These uses
may be granted in the AG, RR, R1, R2, R3, R4, RO and VR Districts,
provided that:
(4)
Group home for sheltered care. This use may be granted
in the AG, RR, R1, R2, R3, R4, RO and VR Districts, provided that:
(5)
Nursing homes and assisted living facilities. These
uses may be granted in the AG, RR, R1, R2, VR, VB and B1 Districts,
provided that:
(6)
Personal-care boarding homes. This use may be granted
in the AG, RR, R1, R2, R3, R4, RO, VB and VR Districts, provided that:
(a)
The proposed use shall be located in a single-family
detached dwelling.
(b)
The proposed use meets the minimum lot size
requirements for a conventional single-family residence in the district
where located.
(c)
A maximum density of 1 boarder per 2,000 square
feet of lot area shall be maintained.
(d)
Where an application is for construction of
a new dwelling, the building shall be similar in appearance to other
single-family dwellings in the neighborhood.
(e)
All applicable state and County laws and regulations
are satisfied.
[Amended by Bill No. 16-007]
(7)
Mobile homes. These uses may be granted in the R3,
R4, VR, VB, B1, B2 and B3 Districts, provided that:
(a)
The main roof of each unit shall be pitched,
having at least 1 foot of rise for each 4 feet of horizontal. The
roofing material shall be compatible with residential dwellings within
the neighborhood in which the mobile home is to be located.
(b)
The exterior finish of the unit shall be of
a color, material and scale which are harmonious with the existing
residential dwellings within the neighborhood in which the mobile
home is to be located. In no case shall the degree of reflectivity
of exterior finishes exceed that of semi-gloss white paint. Siding,
trim and features shall be compatible with other materials used in
construction of the mobile home unit.
(c)
The mobile home unit shall be placed on a permanent
foundation in accordance with the manufacturer's specifications. Installation
shall include a positive surface water drainage away from each unit.
(d)
All wheels, axels, transporting lights and removable
towing apparatus shall be removed from each unit prior to occupancy.
(e)
The lot size and yard requirements applicable
to single-family detached dwellings in the respective zoning district
shall apply to mobile homes.
(f)
In the VR and VB Districts, mobile homes shall
have a minimum width of 24 feet and a minimum length of 48 feet.
G.
Retail trade.
(1)
Agricultural retail. This use may be granted in the
RO District, provided that the parcel has sufficient road frontage
to ensure ingress and egress. Any permanent structure shall meet setback
for retail uses.
(2)
Antique shops, art galleries and museums. These uses
may be granted in the AG District, provided that a minimum parcel
area of 2 acres is required and the proposed use is located in an
historic structure.
H.
Services.
(1)
Construction services and suppliers. These uses may
be granted in the AG and VB Districts, provided that:
(a)
A minimum parcel area of 5 acres in the AG District
and .5 acres in the VB District is required.
[Amended by Bill No. 10-03]
(b)
If the use includes the storage of commercial
vehicles and equipment, the vehicles and equipment must be stored
entirely within an enclosed building or fully buffered from view of
adjacent residential lots and public roads.
(c)
All parking and storage areas must be paved.
(2)
Lawn and landscaping services. This use may be granted
in the AG and VB Districts, provided that:
(a)
A minimum parcel area of 2 acres in the AG District
and .5 acres in the VB District is required.
[Amended by Bill No. 10-03]
(b)
All parking areas must be paved.
(c)
A Type "C" buffer yard, pursuant to § 267-30 (Buffer yards), shall be provided along any adjacent road rights-of-way or adjacent residential lots.
(d)
All commercial vehicles, equipment and supplies
must be stored within an enclosed building.
(4)
Funeral homes and mortuaries. These uses may be granted
in the AG District, provided that:
(a)
The proposed use shall be located in a building
which is residential in character.
(b)
A Type "B" buffer, pursuant to § 267-30 (Buffer yards), shall be provided between the parking area and any residential lot or public road.
(c)
Access for such use shall be from an arterial
or collector road.
(d)
A minimum parcel area of 3 acres is established.
(9)
Restaurants and brewery, pub. These uses may be granted
in the VB and B1 Districts, provided that:
[Amended by Bill No. 19-015]
(10)
Veterinary clinics or hospitals or veterinary
practice, large animals. These uses may be granted in the AG District,
provided that:
(a)
A minimum parcel area of 3 acres is required.
(b)
The use shall be located with direct access
to an arterial or collector road.
(c)
A Type "A" buffer, pursuant to § 267-30 (Buffer yards), shall be provided between the parking area and any adjacent residential lot.
(d)
Any runways or outdoor holding areas shall be
set back at least 200 feet from any lot line.
(11)
Health services and medical clinics. These uses
may be granted in the RO District, provided that:
I.
Transportation, communications and utilities (TCU).
(1)
Aircraft landing and storage, private. This use may
be granted in the AG, CI, LI and GI Districts, provided that:
(a)
The airfield is designed in accordance with design criteria
required for private use airports as set forth in the current Code
of Maryland Regulations, Title 11, Department of Transportation, Subtitle
03, Maryland Aviation Administration, Chapter 04, Aeronautical Regulations.
[Amended by Bill No. 11-04; 13-4]
(b)
The approach and landing paths are in accordance with the requirements
for private use airports as set forth in the current Code of Maryland
Regulations, Title 11, Department of Transportation, Subtitle 03,
Maryland Aviation Administration, Chapter 04, Aeronautical Regulations.
[Amended by Bill No. 13-4]
(c)
The length of the runway and the height of obstacles
at each end of the runway are compatible with takeoff and landing
performance, as defined in the flight manual for the aircraft to be
operating from the airfield.
(d)
The length of the runway is sufficient for the
aircraft to stop safely without thrust reversal after aborting takeoff
at takeoff speed.
(e)
[1]No business, such as the sale or leasing of aircraft, maintenance
or flight instructions, shall be allowed.
[1]
Editor's Note: Former Subsection I(1)(e), which provided for
a minimum clearance over surrounding property for the takeoff and
landing flight path of aircraft, was repealed by Bill No. 13-4. Bill
No. 13-4 also redesignated former Subsection I(1)(f) and (g) as Subsection
I(1)(e) and (f), respectively.
(f)
The applicant shall maintain a flight operation
log that shall be open for inspection by representatives of the Department
of Planning and Zoning.
(2)
Airports, general aviation. These uses may be granted
in the AG, CI, LI and GI Districts, provided that:
[Amended by Bill No. 13-4]
(a)
Landing, takeoff and utility areas used by aircraft
shall be provided with a hard surface.
(b)
All commercial maintenance or servicing of aircraft shall take
place entirely within an enclosed structure. No structures used for
the commercial maintenance or servicing of aircraft shall be located
less than 200 feet from any property line.
(c)
Airport approach and landing paths are in accordance with requirements
for public use airports as set forth in the current Code of Maryland
Regulations, Title 11, Department of Transportation, Subtitle 03,
Maryland Aviation Administration, Chapter 04, Aeronautical Regulations.
(d)
The airfield is designed in accordance with the design criteria
for public use airports as set forth in the current Code of Maryland
Regulations, Title 11, Department of Transportation, Subtitle 03,
Maryland Aviation Administration, Chapter 04, Aeronautical regulations.
(e)
A sturdy and well-constructed fence, not less than 6 feet in
height, shall be constructed along any public road. All aircraft stored
on the site shall be secured by locks or stored inside a locked enclosure
to prevent the unauthorized use of such aircraft.
(f)
Appropriate airport accessory uses, such as
restaurants, snack bars, automobile rental agencies, airline business
offices and service facilities, but not other business or industrial
uses, may be permitted.
(g)
The Director of Planning shall refer the application
to the Maryland Aviation Administration or the appropriate regional
planning bodies to determine:
(h)
The length of the runway and the height of obstacles at each
end of the runway are compatible with takeoff and landing performance,
as defined in the flight manual for the aircraft to be operating from
the airfield.
(i)
No more than 50% of the land area upon which the commercial
operation is conducted may be located in the AG District. The commercial
operation includes all buildings, pavement areas, airport approach
and landing paths, aircraft parking and storage areas.
(3)
Communications and broadcasting stations. These uses
may be granted in the AG District, provided that:
(4)
Community solar energy generating system (CSEGS). This use may be
granted in the R1, R2, R3, R4, B1, B2, B3, CI, LI, and MO Districts
provided that:
[Added 3-9-2021 by Bill
No. 21-001]
(a)
No energy producing or service structures shall be located closer
than 150 feet from any property line and no closer than 250 feet from
any off-site dwelling unit. The setbacks for all other buildings and
structures shall be the setbacks as set forth in the underlying zoning
district.
(b)
No structures shall exceed 15 feet in height.
(c)
No CSEGS shall produce glare hazard to occupants of neighboring
properties or persons traveling neighboring roads. All solar panels
used in the CSEGS shall utilize glare-mitigating technology. A glare
hazard analysis is required to assess the impacts of glare and if
applicable, a plan to mitigate any glare hazard with additional screening
shall be presented.
(d)
No CSEGS shall be constructed in any natural resource district
or the Resource Conservation Area of the Chesapeake Bay Critical Area.
(e)
No CSEGS shall be located on or within the viewshed of a property
listed on the Harford County Historic Landmarks List.
(f)
The siting of any CSEGS shall avoid areas or locations that
could potentially create environmental conflicts.
(g)
The siting of any CSEGS shall avoid visual corridors that are
scenic viewsheds or scenic areas and shall not be located within one
mile on either side of any designated scenic by-way on any county
or state maintained roadway.
(h)
No CSEGS shall be constructed on land which is encumbered with
an agricultural preservation or conservation easement; whether the
easement is acquired through donation or with public funds, private
funds or a combination of public and private funds.
(i)
The CSEGS shall be enclosed by a security fence that is located
between the landscape buffer and the CSEGS and is a minimum height
of 6 feet and suitable to prevent unauthorized access. The fence shall
be constructed to meet any applicable state or federal rule or standard
addressing the physical security of power system facilities. Fencing
shall be designed and installed to allow for the passage of small
wildlife. The fence shall not be used to display any signage except
as required by law.
(j)
A Type C landscape buffer shall be required along the perimeter
of the project unless state or federal standards provide minimum vegetation
clearance distances and in such case the landscaping requirements
shall apply to the extent plantings can be installed in conformance
with such standards.
(k)
In the B1, B2, B3, CI, LI and MO Districts, the landscape buffer
and setbacks shall be as set forth in the underlying zoning district.
Facilities in these zoning districts do not need to comply with the
provisions set forth in Sections 4(a), 4(b), 4(j) and the 2000 foot
setback provision in 4(m).
(l)
The only signage permitted shall be no larger than 6 square
feet, shall identify the CSEGS operator, its contact phone numbers
and emergency contact information and shall be posted at each entrance
and exit of the property at no less than 2 locations.
(m)
Up to 3 CSEGS may be constructed together on a parcel or on
adjoining parcels and constitute a single community solar project.
No single community solar project shall be closer than 2000 feet from
any other community solar project.
(n)
Decommissioning of a CSEGS.
[1]
The operator or property owner shall provide written notice
by certified mail to the department whenever the CSEGS is out of active
production for more than 6 months. Any CSEGS that ceases to produce
electricity for 12 months shall be considered abandoned.
[2]
The operator or property owner shall either recommence production
of electricity and schedule a site inspection with the Department
of Planning & Zoning to verify that all use requirements are still
intact or shall remove all equipment and systems and restore the site
as near as practicable to its original predevelopment condition within
12 months of being considered abandoned.
[3]
The operator or property owner shall notify the Department of
Planning and Zoning by certified mail regarding plans to decommission
a CSEGS facility, including the proposed date of discontinued operation.
[4]
A decommissioned CSEGS site shall be restored to its original
predevelopment condition within 12 months of notification and inspected
by the Department of Planning and Zoning.
[5]
Failure to comply with the requirements of this section shall
authorize, but not require, the county to remove the CSEGS and restore
the site to its predevelopment condition and charge the property owner
all associated costs.
[6]
As a condition of special exception approval, the owner and/or
operator agree to allow entry to remove an abandoned or decommissioned
CSEGS facility.
(o)
Financial assurance.
[1]
Prior to the issuance of a building permit, the operator or
property owner shall provide a bond, surety, letter of credit or other
financial assurance in a form acceptable to the Department of Planning
and Zoning to secure payment of 125% of the anticipated cost of removal
of all associated site improvements and restoration of the site to
its predevelopment condition. The financial assurance shall remain
in full force and effect while the CSEGS remains in place.
[2]
The county shall review the amount of the security every 5 years
and may require additional security or reduce the amount of the posted
security if it determines, in its sole discretion, that the posted
security no longer equals 125% of the decommissioning costs.
J.
Warehousing, wholesaling and processing.
(2)
Petroleum and gas products, sales or storage. Underground
petroleum and gas products storage not in excess of 25,000 gallons'
capacity may be granted in the B3 District, and aboveground and underground
petroleum and gas products storage in excess of 25,000 gallons' capacity
may be granted in the GI District, provided that:
(a)
The applicant demonstrates that the best practicable
means known for the disposal of refuse matter or water-carried waste,
the abatement of obnoxious or offensive odor, dust, smoke, gas, noise
or similar nuisance and protect against fire and explosion shall be
employed.
(b)
The parcel is located at least 300 feet from
any railroad siding or bulk storage area for other volatile or explosive
materials.
(c)
The tanks are set back at least 100 feet from
any public road right-of-way, and the premises are enclosed by a secure
fence of at least 8 feet in height.
(d)
The tanks are located at least 400 feet from
any institutional use and at least 300 feet from any adjacent residential
or business use.
(e)
All properties adjacent to the facility must
be served by public water.
