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:
A. 
Definitions in § 360-59.
B. 
Site plans and development standards in § 360-76.
C. 
Development standards in Article XX, Development Standards.
D. 
Setback requirements in §§ 360-126, 360-127 and 360-128.
[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.
Mobile home parks may be permitted as a special exception in all districts by the Board of Appeals, subject to the plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code, 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.
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.
Major commercial uses shall be permitted in the B-2 District and shall be permitted in the I District where the location is contiguous to an arterial highway. See § 360-97 for car, truck or other vehicle sales and § 360-94 for motels and hotels.
[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.
A. 
Shopping centers shall be permitted in the B-2 District, subject to the plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code.
B. 
Shopping centers shall be permitted in the I District, subject to the following:
(1) 
The location of a shopping center shall be contiguous to an arterial highway.
(2) 
The plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code.
C. 
Shopping centers may be permitted in the GU District as a special exception by the Board of Appeals, subject to the plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code.
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.
F. 
Provisions for off-street parking and loading shall conform to the requirements of § 360-139.
G. 
Maximum building height is dictated by § 360-126.
H. 
A mixed-use development shall be designed as a planned development and shall follow the procedures outlined in § 360-77 and development standards outlined in § 360-135D of this code.
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.
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.
Industrial parks shall be permitted in the I District, subject to the plan review procedures described in § 360-77 and the planned development standards described in § 360-135D of this code.
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.
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.
(a) 
"Affected property owners" shall be defined as owners of land adjoining parcels whose boundaries are the subject of the variance application.
(b) 
At the discretion of the Board of Appeals, variance applications may be heard in conjunction with the special exception hearing.
(c) 
If the Board's findings determine that a variance is warranted, any setback reduction which is authorized shall be instead of, not in addition to, any reductions which were authorized under the administrative adjustment provisions of Subsection F 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.
(9) 
Repeated and substantiated claims of interference by those entities identified in Subsection C(2) shall constitute just cause for a temporary shutdown of the project until such time as a supplemental EIA can be completed.
(10) 
All wind energy systems shall be required to comply with Federal Communications Commission interference regulations in accordance with Title 47, Chapter 1, of the Code of Federal Regulations.
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.
(10) 
Costs associated with Subsection E(3) through (5) shall be supported through permit fees.
(11) 
Costs associated with Subsection E(6) through (8) shall be supported through the bond referenced in Subsection E(1).
(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.
E. 
A ground-mounted solar energy system may be located in side or rear yards only, subject to applicable setback and height requirements listed in §§ 360-126, 360-127, and 360-128 of this code.
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.
D. 
A ground-mounted solar energy system shall be a permitted use, subject to applicable setback and height requirements listed in §§ 360-126 and 360-127 of this code.
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.
Resorts 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 and the planned development standards described in § 360-135D of this code.
[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.
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.
On-site signs shall be permitted in the B-1, B-2, I and GU Districts subject to § 360-137, Lighting, signs and billboards; and may be permitted as a special exception by the Board of Appeals in the R-2 District 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 transfer stations 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.
D. 
Parking must be consistent with§ 360-139, Off-street parking standards.
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.
[1]
Editor's Note: This bill originally added this new material as § 360-125 and renumbered §§ 360-125 through 360-143 appropriately. With the permission of the County Attorney the section was renumbered as § 360-124.1 in order to prevent confusion with regard to internal references.
[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:
A. 
Projects shall conform to § 360-135, General development standards, as applicable.
B. 
A fifty-foot screening buffer is required along the side and rear lot lines in the A and C Districts.
C. 
Provisions for off-street parking and loading shall conform to requirements in § 360-139.
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.
E. 
Projects shall conform to § 360-136, Commercial, industrial and institutional development standards.
F. 
Projects may be subject to the site development plan review/approval process. Refer to § 360-76.