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