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Town of Mount Airy, MD
Carroll County
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Table of Contents
Table of Contents
A. 
Purpose. The I District is intended for the location of both heavy commercial and light industrial uses which are basically similar in nature and too few in number to warrant separate districts. These uses are of such size and character as to deem them inappropriate for other commercial districts. This District is intended so that they are located in a manner that makes them the least offensive to one another and to adjacent land use districts.
B. 
Uses permitted in the I District. No building or structure may be erected and no land may be used or occupied except for one or more of the following principal uses:
(1) 
Warehousing and storage: indoor and outdoor storage of goods and materials, including warehousing, pole yards, building material storage, trucking storage, lumber yards, farm implement sales and service and construction companies having outside storage of equipment (not, however, to include auto wrecking, junk and other salvage storage). Temporary storage of motor vehicles and motor equipment is permitted in the I District subject to remaining provisions of the Town Code applicable to the I District, but subject to the requirements for off-street parking set forth in § 112-7F, related to paving.
[Amended 3-2-2015 by Ord. No. 2015-1]
(2) 
Manufacturing uses of a light nature, and research and development or science-oriented industries that are free from any objectionable odors, fumes, dirt, vibration, or noise detectable at the lot line. Such uses shall not be established without an application for a zoning certificate which shall be accompanied by a certification by a registered engineer or architect indicating that fumes, odors, dirt, vibration or noise produced by the industry will not be detectable at the lot line.
(3) 
Transportation terminals.
(4) 
Heavy equipment sales and services.
(5) 
Wholesale trade.
(6) 
Heating, plumbing and electrical supplies.
(7) 
Vehicle repair, services and sales. (Includes mobile homes, campers, farm equipment, marine craft, etc.).
(8) 
Accessory building and uses including the retail sale of products manufactured or assembled as part of the principal use.
(9) 
Office buildings for professional and business offices.
(10) 
Bowling alleys, health and fitness clubs, swimming pools, skating rinks.
(11) 
Clubs, fraternal organizations.
[Added 9-11-2000 by Ord. No. 2000-5]
(12) 
Auction houses and warehouses, not to include livestock.
[Added 4-7-2003 by Ord. No. 2003-8]
(13) 
Veterinary clinics/animal hospitals with overnight boarding for treatment, evaluation or convalescence; overnight pet boarding with or without pet day-care services; pet day-care facilities with or without overnight pet boarding; and pet grooming facilities. These uses shall be permitted so long as indoors in a single-user building. Notwithstanding the foregoing, such a facility shall be permitted to have accessory uses such as fenced, supervised outdoor exercise and play areas, not to include individual outdoor dog runs.
[Added 9-14-2015 by Ord. No. 2015-7]
(14) 
Flex space.
[Added 4-7-2003 by Ord. No. 2003-8; amended 11-1-2010 by Ord. No. 2010-13; 9-14-2015 by Ord. No. 2015-7]
(a) 
Flex space uses permitted as part of a structure allowing multiple uses, not subject to the requirements of individual site plans for each suite:
Antique repairs/refinishing and sales
Appliance repair and sales
Auctioneering
Auto services, including body shops, tire shops, parts, glass and general repair
Bakeries
Blacksmith or welding shops
Carpet cleaners
Carpet shops
Caterers
Communications company, including phone companies, radio companies, etc.
Computer companies
Computer programming, repair, service, etc.
Confectionery production
Construction services, including carpentry, cabinet-makers, dry-wallers, painters, plumbers, electricians, bricklayers, roofers
Dance studios
Dry-cleaning plant
Electronic repair
Engineering and architectural firms
Exterminators
Fence companies
Fire protection services
Fitness studios/clubs
Floor covering shops
Furniture cleaners
General office
Glass companies
Gyms
Indoor child-care facilities without outdoor playgrounds
Karate and other sport-related studios
Kitchen and bath shops (e.g., cabinetry and appliances)
Lawn and yard services
Lighting companies
Lock companies
Machine shops
Maintenance contractors
Maintenance supply houses
Medical and dental clinics
Pet grooming facility
Pool and hot tub repair, service and sales
Printing companies
Research and development
Security services
Shade shops and screen shops
Sign companies
Silk flower shops
Taxidermists
Trophy companies
Vacuum cleaning and sewing machine repair companies
Veterinary clinic/animal hospital with overnight boarding for treatment, evaluation or convalescence only
Video labs
Warehousing
Wholesalers
(b) 
All uses shall be subject to the conditions contained within § 112-45B(2) of this chapter.
(c) 
Flex space uses not listed above, including but not limited to the following, are not permitted unless a special exception is applicable:
[1] 
Elder-care facilities.
[2] 
Auctioneering of livestock.
(d) 
All uses shall be subject to the conditions contained within § 112-45B(2) of this chapter.
(15) 
Restaurants or lunchrooms that do not exceed 15% of the lot or parcel and do not exceed a total of 3,000 square feet of building area.
[Added 5-4-2020 by Ord. No. 2020-02]
(16) 
As an accessory use only, wireless facilities, support structures and related equipment, subject to § 112-19.1 above.
[Added 1-10-2022 by Ord. No. 2021-18]
C. 
Special exception uses in the I District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1) 
Bulk storage of oil, petroleum, gasoline and similar flammable liquids and compressed gases [§ 112-62F(2)].
(2) 
Industrial center [§ 112-62F(9)].
(3) 
Public utility buildings [§ 112-62F(13)].
(4) 
Motels and hotels.
(5) 
Greenhouses, nursery [§ 112-62F(6)].
(6) 
Fire and rescue stations [§ 112-62F(20)].
(7) 
Retail and commercial uses in excess of 65,000 square feet.
[Added 9-10-2001 by Ord. No. 2001-9]
(8) 
Freestanding signs [§ 112-62F(25)].
[Added 1-16-2001 by Ord. No. 2000-6]
(9) 
Child-care facilities in single-user buildings with a designated outdoor play yard. [§ 112-62F(28)].
[Added 8-1-2011 by Ord. No. 2011-5]
D. 
Residential uses will not be permitted on the same parcel of land within a permitted industrial use.
A. 
Lot area, lot width and yards in the industrial district shall comply with the following:
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
One Front Yard
(Depth- Feet)
Each Side Yard
(Feet)
One Rear Yard
(Feet)
Industrial District uses
Not specified
100
40
25
40
B. 
Office buildings shall have a maximum floor area ratio of .40.
C. 
Parking is permitted in the yard area provided that in the case of front yards, parking must be set back a distance equal to at least 1/2 the yard requirement. Whenever an Industrial District abuts a residential district, a fifty-foot buffer yard area, with no impervious area except parking within 1/2 the yard distance, must be provided. In no case shall parking or driveways be permitted within 10 feet of the side property line.
No building in the I District shall exceed three stories or 45 feet in height.
[Amended 3-2-2015 by Ord. No. 2015-1]
There shall be provided in the I District adequate off-street parking and loading in accordance with the schedule in Article II. For office buildings devoted entirely to office use, only one loading space shall be required per building. Temporary storage of motor vehicles and motor equipment is subject to the requirements for off-street parking set forth in § 112-7F, related to paving.
Whenever an industrial establishment or other use or change of use, except residential, eligible under § 112-45 is to be constructed, or any existing use with changes in improvements such as parking, grading, etc., a site plan of the development must be submitted to the Planning Commission and approved by them. Said site plan shall show building use and location on the site, streets, access, driveways, parking and loading areas, locations of major signs and landscaping, railroad access, water and sewerage facilities, provisions for storm drainage, and streetlighting, all showing relationships to adjacent development. The site plan shall conform to all specifications and requirements of the I District and of Article VI, Design Standards, and Article VII, Improvements, of Chapter 98, Subdivision of Land and Site Plan Review.
A. 
Site plan format. In addition to the above requirements, the site plan shall comply with the plat requirements of Appendix A of Chapter 98, Subdivision of Land and Site Plan Review.
B. 
Site plan fee.
(1) 
A fee of $1,500 shall be paid by the developer for site plan review (includes sketch, preliminary, final and/or revised) when submitted to the Planning Commission.
(2) 
The fee is payable at the time of submission. Charges will include the cost of review by the Town's employees and consultants. At the conclusion of the review process, if total charges are less than the fee imposed, a refund will be given to the developer, and if more, the developer will be billed for the difference. Fifteen percent will be added to the total charges for the Town's cost of administration and overhead. The rates for charges shall be established from time to time by resolution of the Town Council. Charges will be billed monthly if in excess of the fee imposed as set forth above. If any charges are not paid within 60 days of billing, the Town will withhold further review, approvals and/or issuance of any required permits until paid in full, together with interest at the rate of 1% per month or fraction thereof from the date of billing to the date of payment.
No fence shall be erected to a height of greater than 10 feet in the industrial district.
[Added 2-1-2016 by Ord. No. 2015-22]
A. 
Purpose. The Office Park Employment District zoning is established to provide for advanced employment opportunities related to professional business-, education-, health-, and science-oriented applications, which may include associated light fabrication and assembly operations, in addition to professional or business offices. The combined opportunities shall be available within a planned employment center environment and generally arranged in a business park, office park, or campus-style setting. Buildings shall be designed and constructed with high-quality architectural aesthetics, taking into account the characteristics of the Office Park Employment District, surrounding area, and overall character of the Town. All permitted uses shall be conducted wholly within enclosed buildings and shall minimize adverse impact on the use and enjoyment of surrounding properties.
B. 
Principal permitted uses shall be as follows:
(1) 
Research, testing, analytical and product development laboratories and pilot plant facilities not involving the manufacturing, sale, processing, warehousing, distribution or fabrication of material, products or goods, except as incidental to the principal permitted uses. Biomedical technology facilities and laboratories shall be rated at a biosafety level 2 (BSL-2), as defined by the OSHA and the American Biological Safety Association Alliance.
(2) 
Light manufacturing associated with such specialty industry groupings as aerospace, computer science, telecommunications, instrumentation, biomedicine, (BSL-2), medical, energy, pharmaceutical, electronics, transportation (parts and accessories), agriculture, economics, biology, and environmental science.
(3) 
Light manufacturing, fabrication, production, testing, repair, sale or resale of materials, goods and products incidental to the principal use and located on the same lot as the principal use.
(4) 
Computer and data processing service center/call centers.
(5) 
Hotels with conference centers.
(6) 
General business, corporate, administrative, educational, medical, professional and government offices.
(7) 
Radio and television broadcasting facilities and studios without antennas or towers.
(8) 
Office, computing, and accounting machine sales, rental and service establishments (but not to include large or industrial machinery repair).
(9) 
Hospitals and other health care facilities, including immediate care facilities.
(10) 
Restaurants 3,500 square feet or larger.
(11) 
Schools, including trade or technical schools and colleges and universities.
(12) 
Workforce amenities.
(a) 
As an accessory use only, workforce amenities incidental to the principal building use serving primarily employees and guests of the principal use, which shall include but not be limited to the following uses:
[1] 
Day-care facilities, to include outdoor play area.
[2] 
Cafeterias.
[3] 
Banks, savings and loan associations.
[4] 
Health clubs.
[5] 
Classroom and training facilities.
[6] 
Convenience stores up to 2,500 square feet; hours limited to 6:00 a.m. to 10:00 p.m.
[7] 
Delicatessens up to 1,500 square feet but without alcohol or tobacco sales.
(b) 
However, with respect to the uses set forth in Subsection B(12)(a)[1] through [7] above, with the exception of the outdoor play area in Subsection B(12)(a)[1] above, there shall be no external evidence of such use, with the exception of directional signage.
(13) 
Uses incidental and subordinate to the office park as a whole, which may include sales and services for employees and visitors, as follows:
(a) 
Stand-alone delicatessens up to 1,500 square feet but without alcohol or tobacco sales.
(b) 
Stand-alone day-care facilities, to include outdoor play area.
(14) 
Build-to-suit/speculative buildings.
(15) 
Municipal, recreational and cultural uses.
(16) 
As an accessory use only, wireless facilities, support structures and related equipment, subject to § 112-19.1 above.
[Added 1-10-2022 by Ord. No. 2021-18]
C. 
Special uses in OPE District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1) 
Bulk storage of oil, petroleum, gasoline and similar flammable liquids and compressed gasses for the purposes of on-site use only and in full compliance with § 112-13 as relates to industrial and commercial districts and subject to the general standards set forth in § 112-62E.
(2) 
Metal production or fabrication, including coating, enameling, galvanizing, and plating as a manufacturing-related activity so long as operated in accordance with environmental and other applicable laws and regulations and subject to the general standards set forth in § 112-62E.
(3) 
Stand-alone convenience stores up to 2,500 square feet but with hours limited to 6:00 a.m. to 10:00 p.m., and subject to the general standards set forth in § 112-62E.
[Added 2-1-2016 by Ord. No. 2015-22]
A. 
Lot area, lot width and yards in the OPE District shall comply with the following:
Minimum Lot Area
(acres)
Minimum Lot Width
(feet)
Front Yard
(depth-feet)
Side Yard
(feet)
Rear Yard
(feet)
OPE District Uses
1
100
40
25
40
B. 
Parking is permitted in the yard area, provided that in the case of front yards, parking must be set back a distance equal to at least 1/2 the yard requirement. In no case shall parking or driveways be permitted within 10 feet of the side property line.
C. 
Whenever an OPE District abuts a residential district, there shall be a minimum fifty-foot buffer yard area, without any parking permitted.
[Added 2-1-2016 by Ord. No. 2015-22]
No building in the OPE District shall exceed three stories or 35 feet in height with the exception of hotels with conference centers, which may be up to five stories or 55 feet in height.
[Added 2-1-2016 by Ord. No. 2015-22]
There shall be provided in the OPE District adequate off-street parking and loading in accordance with the schedule in Article II.
[Added 2-1-2016 by Ord. No. 2015-22]
For subdivisions in the Office Park Employment District, pursuant to Chapter 98, the developer shall be required to submit an overall concept plan for the entire development area, including, but not limited to, identifying land uses, building locations, architectural style of all structures, parking, driveways, landscaping, screening and proposed pedestrian connections. Said concept plan shall be approved by the Planning Commission. Subdivision plans shall be subject to the approval process set forth in Chapter 98 for major and minor subdivisions.
[Added 2-1-2016 by Ord. No. 2015-22]
A site plan of development must be submitted to the Planning Commission and approved by it whenever any use, or any new use or a change involving structures or site improvements such as grading, parking, etc., is to be established within an OPE District. Said site plan shall show the proposed building location and use, architectural elevations, driveways, parking and loading areas, landscaping, water and sewer facilities, storm drainage facilities and streetlighting, all showing relationships to adjacent development. Speculative buildings may be approved based on the anticipated use or uses in accordance with the district. Parking requirements for speculative buildings shall be determined by the mixed employment standard. Whenever a use or uses are identified, an amended site plan shall be deemed necessary except where 1) there are nonmanufacturing uses involving no new structures, or 2) no site improvements such as parking are required. The site plan shall conform to all specifications and requirements of the OPE District and of Article VI, Construction, Architecture and Design Standards, and Article VII, Improvements, of Chapter 98, Subdivisions of Land and Site Plan Review. Site plans in the OPE District shall be subject to the approval process set forth in Chapter 98 applicable to site plans.
A. 
Site plan format. In addition to the above requirements, the site plan shall comply with the plat requirements of Appendix A of Chapter 98, Subdivision of Land and Site Plan Review.
B. 
Site plan fee.
(1) 
A fee of $1,500 shall be paid by the developer for site plan review when submitted to the Planning Commission.
(2) 
The fee is payable at the time of submission. Charges will include the cost of review by the Town's employees and consultants. At the conclusion of the review process, if total charges are less than the fee imposed, a refund will be given to the developer, and if more, the developer will be billed for the difference. Fifteen percent will be added to the total charges for the Town's cost of administration and overhead. The rates for charges shall be established from time to time by resolution of the Town Council. Charges will be billed monthly if in excess of the fee imposed as set forth above. If any charges are not paid within 60 days of billing, the Town will withhold further review, approvals and/or issuance of any required permits until paid in full, together with interest at the rate of 1% per month or fraction thereof from the date of billing to the date of payment.
[Added 2-1-2016 by Ord. No. 2015-22]
The following uses shall be prohibited in the Office Park Employment District:
A. 
Automobile service center.
B. 
Commercial and retail uses, except as enumerated.
C. 
Mini-storage facilities.
D. 
Outside storage of any type/outdoor manufacturing of any type.
E. 
Vehicle repair shop.
F. 
Vehicle sales lot.
G. 
Adult entertainment business.
H. 
Tattoo parlor.
I. 
Stand-alone bar establishments.
J. 
Gas stations.
K. 
Prohibited uses as listed under § 109-33 (Wellhead Protection District).
L. 
Public utility buildings, including power substations, except for administrative offices.
M. 
Upper level or second floor outdoor dining.
N. 
Freestanding communications towers.
O. 
Chemical product manufacturing, with the exception of finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps.
P. 
Concrete, gypsum, and plaster product manufacturing.
Q. 
Garbage transfer station.
R. 
Paving and roofing materials manufacturing.
S. 
Petroleum refining and related industries.
T. 
Plastics, and other synthetics and rubber product manufacturing.
U. 
Primary metal industries engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-products or beehive coke ovens.
V. 
Pulp and pulp product manufacturing.
W. 
Leather manufacturing, to include any process that transforms hides into leather by tanning or curing.
X. 
Coating, waterproofing, or otherwise treating fabric.
Y. 
Motor vehicle and transportation manufacturing, with the exception of the light manufacture of motor vehicle parts and accessories.
Z. 
Stone and cut stone product manufacturing.
AA. 
Structural clay and pottery product manufacturing.
BB. 
Taxidermist.
CC. 
All other prohibited uses set forth by Town Code § 112-12.
[Added 2-1-2016 by Ord. No. 2015-22]
These regulations are intended to ensure a high-quality environment with regard to health, safety and aesthetics. Establishments must meet all applicable county, state and federal requirements, and Town of Mount Airy regulations.
A. 
Manufacturing uses shall not be established without a zoning approval certificate, which shall be accompanied by a certification by a registered engineer or architect indicating that fumes, odors, dirt, vibration or noise produced by the industry will not be detectable at the lot line.
B. 
All permitted and conditional uses and accessory activities shall be confined within completely enclosed buildings, with the exception of off-street parking spaces, off-street loading facilities, signs, and recreational facilities.
C. 
Truck loading, vehicle storage, and dumpster spaces shall be situated to the rear or side of the building(s). All dumpster areas shall be screened, at minimum, on three sides.
D. 
All mechanical equipment, including roof-mounted, shall be enclosed or screened so as to be an integral part of the architectural design.
E. 
Truck parking, delivery and unloading areas are not permitted within 100 feet of any residential district.
F. 
Automobile parking areas are not permitted within 25 feet of any R District.
G. 
Bulk storage of fuel oil, gasoline or liquefied petroleum shall be limited to above-ground tanks no greater than 2,000 gallons, and all such storage shall occur in such a manner as to minimize any possibility of leakage and groundwater contamination. Underground storage shall conform to Town Code § 112-13.
H. 
Heavy-duty diesel vehicles with a gross vehicle weight of over 14,001 pounds shall be restricted from idling on site for no more than five minutes in any sixty-minute period.
I. 
The following exemptions shall apply to this section:
(1) 
Emergency vehicles performing their emergency duties.
(2) 
Vehicles that must idle to operate auxiliary equipment to accomplish the intended use of the vehicles, such as refrigerating or operating a hydraulic lift. The exemption does not apply when the vehicle idling is solely for cabin comfort or to operate nonessential equipment, such as air conditioning, heating, or televisions, except in the case of a safety or health emergency.