The Board of Appeals is hereby authorized. Such
Board shall consist of five members, all of whom shall be taxpayers
and residents of the Town of Mount Airy. The members of the Board
of Appeals shall be appointed by the Mayor with the consent of the
Town Council. Two members of said Board shall be appointed to serve
for a period of one year; two for a period of two years; and one for
a period of three years. Thereafter members shall be appointed for
a period of three years. Vacancies shall be filled by appointment
for the unexpired term only. Members of the Board shall serve without
compensation. The Council shall designate one alternate member for
the Board of Appeals who may be empowered to sit on the Board in the
absence of any member of the Board; and when the alternate is absent
the Town Council may designate a temporary alternate.
A.
The members of the Board of Appeals shall meet at
least once each year at such time and place as they may fix by resolution.
They shall select one of their members as chairman and one vice chairman,
who shall serve one year or until their successors have been selected.
Special meetings may be called at any time by the chairman, or in
his absence, by the vice chairman. A majority of the Board shall constitute
a quorum for the transaction of business. The Board shall make a transcript
of all its proceedings, showing the vote of each member upon each
question, or, if absent or failing to vote, indicating such fact,
which shall be immediately filed in the office of the Board and shall
be a public record. All meetings of the Board shall be open to the
public. The chairman, or in his absence, the acting chairman, may
administer oaths and compel the attendance of witnesses.
B.
The Board shall make no recommendation except in a
specific case and after a public hearing conducted by the Board. A
notice of time and place of such public hearing shall be published
in a paper of general circulation in the Town of Mount Airy at least
once, not more than 30 nor less than 15 days previous to the hearing.
Such notice shall contain the particular address of location of the
property for which the variation or other ruling by the Board is sought,
as well as a brief description of the nature of the appeal, and specifications
of the proposed variance.
A.
An appeal to the Board of Appeals may be taken by
any person aggrieved or by any officer, department, board or bureau
of the Town of Mount Airy, affected by any decisions of the Zoning
Administrator based in whole or in part upon the provisions of this
chapter.
B.
Such appeal shall be filed with the Zoning Administrator
and the Board of Appeals within 30 days from the decision being appealed
from. Upon appeal, the Zoning Administrator shall transmit to the
Board of Appeals all papers constituting the record upon which the
action appealed form was taken. An appeal stays all proceedings in
furtherance of the action appealed from unless the Zoning Administrator
certifies to the Board that a stay would, in his opinion, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Board of Appeals or by a court of record on application on
notice to the Zoning Administrator and on due cause shown. The Board
shall fix a reasonable time for the hearing of the appeal, give not
less than 15 days' public notice thereof by the posting of not less
than one sign of at least three square feet in area, containing notice
of the hearing in a conspicuous place on or near the property upon
which application for appeal is made, and advertising in a weekly
or daily paper of general circulation in the Town, as well as due
notice to the parties in interest, and decide the same within 30 days
of conclusion of the public hearing. Upon the hearing, any party may
appear in person, by agent or by attorney.
C.
The concurring vote of three members of the Board
shall be necessary to reverse any order, requirement, decision, or
determination of the Zoning Administrator, or to decide in favor of
the applicant upon any matter upon which it is required to pass under
any such ordinance, or to effect any variation in such ordinance.
D.
A fee of $300 for variances, administrative error
and special exceptions shall be paid to the Town at the time the application
is filed. Charges will include the costs of the Town's employees and
consultants. When the Board of Appeals concludes the matter the charges
will be assessed, and if less than the fee imposed, a refund will
be given to the applicant, and if greater, the applicant will be billed
for the difference. Fifteen percent will be added to the total charges
for the Town's administrative costs and overhead.
E.
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.
A.
To hear and decide appeals where it is alleged there
is an error in any order, requirement, decision, or determination
made by an administrative official in the enforcement of this chapter
or any ordinance adopted pursuant to Article 66B.
B.
To hear and decide special exceptions to the terms
of this chapter as required under this chapter.
C.
To authorize upon appeal in specific cases a variance
from the terms of this chapter.
A.
Filing of variance.
(1)
An application may be made to the Board of Appeals
for a variance where it is alleged that the provisions of this chapter
inflict unnecessary hardship upon the applicant. The application must
be on a form provided for that purpose by the Town. The applicant
must provide all the information requested on the form, together with
any other information and data that may be required to advise the
Board on the variance, whether such information in called for by the
official form or not.
(2)
Unless otherwise specified or extended by the Board,
a variance authorized by it expires if the applicant fails to obtain
subdivision approval, a building permit, or use certificate within
12 months from the date of authorization of the variance.
B.
Standards for variances. Where there is unnecessary
hardship or practical difficulty, the Board may grant a variance in
the application of the provisions of this chapter provided that the
following findings are made where relevant in a given case:
[Amended 12-7-1998 by Ord. No. 1998-6]
(1)
That there are unique physical conditions including
irregularity, narrowness, or shallowness of lot size or shape, or
exceptional topographical or other physical conditions peculiar to
the particular property, and that the unnecessary hardship or practical
difficulty is due to such conditions.
(2)
That because of such physical circumstances or conditions,
there is no possibility that the property can be developed in strict
conformity with the provisions of this chapter and that the authorization
of a variance is therefore necessary to enable the reasonable use
of the property.
(3)
That such unnecessary hardship or practical difficulty
has not been created by the applicant or the applicant's predecessor
in title.
(4)
That the variance, if authorized, will not alter the
essential character of the neighborhood nor substantially or permanently
impair the appropriate use or development of adjacent property, nor
be detrimental to the public welfare.
(5)
That the variance, if authorized, will represent the
minimum variance that will afford relief and will represent the least
modification possible of the regulation in issue.
(6)
No grant of a variance shall be authorized unless
the Board specifically finds that the condition for which the variance
is sought is not so general or recurrent a nature to make reasonably
practicable the formulation of a general regulation for such conditions
C.
Conditions. In granting any variance, the Board may
attach such reasonable conditions and safeguards as it considers necessary
to implement purposes of this chapter.
A.
Filing of special exceptions.
(1)
(2)
Unless otherwise specified or extended by the Board
of Appeals a special exception authorized by the Board expires if
the applicant fails to obtain, where required to do so, a building
permit or use certificate within 12 months of the date of the authorization
of the special exception.
B.
Referral to Planning Commission. All applications
for a special exception shall be referred to the Town Planning Commission
for a recommendation.
C.
Conditions. The Board of Appeals, in passing upon
special exception applications, may attach conditions considered necessary
to protect the public welfare and the Town Master Plan, including
conditions which are more restrictive than those established for other
uses in the same zone.
D.
Application of extent-of-use regulations. The lot
area, lot width and yard requirements as set forth in this chapter
must be followed as the minimum by the Board of Appeals. Where no
extent-of-use regulations are set forth for the particular use, the
Board must impose extent-of-use requirements as necessary to protect
the public welfare and the Town Master Plan.
E.
General standards.
(1)
A special exception may be granted when the Board
of Appeals finds from a preponderance of the evidence produced at
the hearing that:
(a)
The proposed use, including its nature, intensity
and location, is in harmony with the intent of the Town Master Plan
and the orderly and appropriate development of the district.
(b)
That adequate water supply, sewerage disposal,
storm drainage and fire and police protection are or can be provided
for the use.
(c)
That the use of adjacent land and buildings
will not be discouraged and the value of adjacent land and buildings
will not be impaired by the location, nature and height of buildings,
walls and fences.
(d)
That the use will have proper location with
respect to existing or future streets giving access to it, and will
not create traffic congestion or cause industrial or commercial traffic
to use residential streets.
(2)
The applicant for a special exception shall have the
burden of proof, which shall include the burden of going forward with
the evidence and the burden of persuasion on all questions of fact
which are to be determined by the Board of Appeals.
F.
Specific standards for special exception uses. In addition to the general standards for all special exceptions as contained in § 112-62E, the following specific standards for particular uses must be met prior to the granting of a special exception:
(1)
Boarding house, lodging house. In a R-5 and R-7 District
and subject to the requirements of that district except as herein
provided:
(2)
Bulk storage of oil, petroleum, gasoline and similar
flammable liquid and compressed gases. In an I District and subject
to the requirements of that district except as herein provided:
(a)
Total storage not to exceed 200,000 gallons.
(b)
Each container shall be set back from the nearest
line of adjoining property as follows:
|
Water Capacity of Container
(gallons)
|
Underground Storage
(feet)
|
Aboveground Storage
| |
|---|---|---|---|
|
0 to 2,000
|
25 feet
|
25 feet, plus 1 inch per each foot of height
of the container.
| |
|
2,001 to 30,000
|
50 feet
|
50 feet, plus 1 inch per each foot of height
of the container.
| |
|
30,001 to 200,000
|
75 feet
|
100 feet, plus 1 inch per each foot of height
of the container.
|
(c)
Storage of liquids above the ground shall be
restricted by dikes sufficient in size to contain the amount of liquid
stored.
(3)
Clubs, fraternal and service organizations. In R-5,
R-7, CC and Mixed Use Districts, and subject to the requirements of
the district in which located except as herein provided:
[Amended 9-11-2017 by Ord. No. 2017-7; 8-3-2020 by Ord. No. 2020-01]
(4)
Convalescent or nursing home. In R-5, R-7, CC and
Mixed Use Districts and subject to the requirements of the district
in which located except as herein provided.
[Amended 8-3-2020 by Ord. No. 2020-01]
(a)
Lot area: 30,000 square feet minimum.
(b)
Maximum density: one bed per 1,000 square feet
of lot area.
(c)
Lot width: 150 feet minimum.
(d)
Yard, minimum for each: front 35 feet, side
30 feet, rear 60 feet.
(e)
Building coverage: 25% of the total lot area
maximum.
[Amended 9-8-1997 by Ord. No. 1997-3]
(f)
Access must be on a major street as designated
in the Town Master Plan.
(5)
Gasoline station. In CC District and subject to the
requirements of the district in which located except as herein provided:
(a)
Buildings must be set back at least 40 feet
from the street line.
(b)
Pumps must be set back at least 35 feet from
all street right-of-ways.
(d)
Except along access drives, a concrete curb
eight inches in height must be placed along all street right-of-way
lines.
(e)
All lights shall be diverted toward the gasoline
station or downward on the lot.
(f)
No outdoor stockpiling of tires or outdoor storage
of trash is permitted. An area enclosed by a wall or fence, screened
from view of adjoining properties, shall be provided whenever outdoor
storage is required. No materials may be stored so as to create a
fire hazard.
(6)
Greenhouse, nursery. In I District and subject to
the requirements of the district in which located except as herein
provided:
(7)
Home occupations. In all residential districts and
subject to the requirements of the district in which located except
as herein provided:
(a)
Persons residing in the dwelling only may be
employed or engaged in the occupation. Accessory structures on property
may used for the home occupation.
(b)
The character of external appearance of the
dwelling unit or accessory structure must be that of a dwelling or
its accessory structure. No display or products may be shown so as
to be visible from outside the dwelling. A nameplate not larger than
two square feet in area attached to the building and illuminated only
by indirect lighting is permitted.
(c)
Not more than 25% of the ground floor area of
a dwelling unit may be devoted to a home occupation.
(d)
Besides the required parking for the dwelling
unit, additional parking located in the rear yard is required as follows:
(8)
Hospitals, institutions. In the CC District and subject
to the requirements of the district as herein provided:
(a)
Lot area: two acres minimum.
(b)
Lot width: 200 feet minimum.
(c)
Yards: no portion of a building shall be within
50 feet of a lot line or street line.
(d)
The required parking shall not be permitted
in front yard area.
(e)
Building coverage: 40% of the total lot area
maximum.
(f)
Access must be on a major street as designated
in the Town Master Plan.
(9)
Industrial center. In an I District and subject to
the requirements of that district except as herein provided:
(a)
Lot area: five acres minimum.
(b)
Lot width: 300 feet minimum.
(c)
All buildings must be set back at least 50 feet
from any property line and 100 feet from any street line.
(d)
Access must be on a major street as designated
in the Town Master Plan. Traffic routes and exits shall be far enough
from houses so that truck noise and vibration will be minimized.
(e)
A buffer yard 150 feet wide must be provided
on the site in all instances where the site adjoins an R District.
The buffer yard shall be naturally landscaped, have no impervious
cover and shall not be used for building, loading, or storage purposes.
Parking is permitted in the buffer area provided that no parking is
located closer to the property line than 1/2 the buffer setback.
(f)
Appearance should be harmonious with adjoining
properties. This feature includes but is not limited to: landscaping,
enclosure of principal and accessory uses, height control, sign control,
building coverage, and architectural controls.
(10)
Nursery schools, child-care center. In all residential,
NC and CC Districts and subject to the requirements of that district
in which located except as herein provided:
(11)
Private school. In NC and CC Districts and subject
to the requirements of the district in which located except as herein
provided:
(12)
Professional office (physician, dentist, architect,
engineer, attorney, or similar). In all residential districts and
subject to the requirements of the district in which located except
as herein provided:
(a)
The professional person must be a resident of
the dwelling.
(b)
That there is not exterior evidence, other than
a permitted sign not exceeding two square feet, to indicate that the
building is being used for any purpose other than that of a dwelling.
(c)
That there is no show window or display window.
(d)
Only one person other than the resident professional
may be employed.
(e)
Sufficient off-street parking in the side or
rear yard must be provided with the minimum being three spaces per
professional plus residential requirements.
(f)
The total area devoted to the office does not
exceed 30 % of the square footage of the dwelling unit.
(13)
Public utility building. In all districts and
subject to the requirements of the district in which located except
as herein provided:
(a)
Side setback: as stated in the applicable zone
but in no case less than 30 feet.
(b)
Unhoused equipment shall be enclosed with fence
or wall not less than six feet in height, which shall be so constructed
as not to have openings, holes, or gaps larger than six inches in
a dimension.
(c)
Housed equipment: when the equipment is totally
enclosed with a building, no fence or screen planting shall be required
and the yard shall be maintained in conformity with the district in
which the facility is located.
(d)
Screen planting: the required fence for unhoused
equipment shall be surrounded by evergreen plantings.
(14)
Residential uses. In CC District and subject
to the requirements of that district except as herein provided:
(a)
Must be located within a structure that is existing
on the date of adoption of this chapter or must be in conjunction
with a commercial use (e.g., caretaker dwelling etc.); or located
within a building that is principally for a commercial use.
(b)
Must comply with the parking requirements of
this chapter.
(15)
Shopping centers. In NC and CC Districts and
subject to the requirements of the district in which located except
as herein provided:
(a)
Lot area: two acres minimum.
(b)
Lot width: 200 feet minimum.
(c)
All buildings must be set back at least 50 feet
from any property line and 100 feet from a street line.
(d)
Parking must be provided at the minimum ratio
of one parking space to 200 square feet of gross floor area.
(e)
Access must be on a major street as designated
in the Town Master Plan (CC District only).
(f)
A buffer yard 100 feet wide must be provided
on the site in all instances where the site adjoins an R District.
The buffer yard shall be naturally landscaped, have no impervious
cover and shall not be used for building, loading or storage purposes.
Parking and access drives are permitted in the buffer area provided
that it is located no closer to the property line than 1/2 the building
setback, except where the property adjoins an R District.
[Amended 11-5-2001 by Ord. No. 2001-8]
(g)
Where the site adjoins a R District, the Board
may require screen planting to screen the buildings from the R District.
(h)
In a NC District the gross floor area of the
shopping center shall not exceed 25,000 square feet and the shopping
center shall not contain more than 15 stores, shops or establishments.
(16)
Elderly housing, apartments and condominiums.
In R3, R5, R7 and CC Districts and subject to the requirements of
the district in which located except as herein required.
(a)
Maximum permitted density is 12 units per acre.
(c)
Maximum building coverage: 25% of the total
lot area.
(d)
Two parking spaces per unit are required.
(e)
An elevator must be provided for all units not
accessible from the same level as the exterior entrance. All common
areas and individual units must be handicap accessible.
(f)
The primary road providing access to the site
must be a collector or higher classification road, or access must
be approved in writing by both the Planning Commission and emergency
services.
(g)
Covenants must be developed to require that:
[Amended 5-6-2002 by Ord. No. 2002-4]
[1]
Occupancy be restricted to persons 55 years
of age or older, or who are permanently totally disabled, provided
in that instance that at least one resident be 55 years of age or
older. For purposes of this section, ”permanently totally disabled”
means a disability (mental or physical) which has existed or is expected
to last for at least one year, and is of a nature that would meet
the definitions of total disability under the Federal Social Security
Program or permanent total disability as defined for purposes of Maryland
Workers' Compensation Law.
[2]
All exterior areas and improvements therein
must be managed under a common maintenance agreement, (excluding areas
to be dedicated to or maintained by the Town).
(17)
Family apartment. In all residential districts
and subject to the requirements of the district except as herein provided:
[Amended 9-8-1997 by Ord. No. 1997-2]
(a)
The family apartment must be in an owner-occupied
dwelling unit.
(b)
Only one family apartment per dwelling of which
no more than 30% of the gross floor area of the principal structure
is utilized for the apartment.
(c)
Two additional parking spaces shall be provided
for the family apartment.
(d)
At least one owner of the property must reside
in the principal dwelling. If such residency ceases for a period of
more than 60 days consecutively, then the use of the family apartment
shall cease.
(e)
If a separate entrance is utilized, it shall
be to the side or rear of the structure in order to maintain the appearance
of a single-family residence.
(f)
The applicant for special exception must prepare
at his, her, or their expense a deed covenant in form suitable for
recording which covenants that any apartment use of the property is
subject to the provisions of this chapter. Said deed covenant shall
be in form satisfactory to the Town Attorney, and after proper execution
and the granting of any special exception, shall be delivered to the
Town Attorney for recording at the applicant's expense.
(g)
On or before January 30th of each and every
year, the owners of any property for which such a special exception
is granted shall file with the Town Clerk an affidavit certifying
as true and correct that at least one owner of the property is residing
in the principal dwelling on the property and that the family apartment
is occupied by no one other than persons having a parent-child, child-parent
or in-law relationship with one of the owners. The Zoning Administrator
shall establish the form of such affidavit, which form shall be made
available at the Town Hall for the use of persons who have been granted
such a special exception. The failure to file such affidavit on time
or the making of any material misstatement of fact therein shall be
cause for immediate revocation of the special exception, which revocation
may be accomplished by a notice from the Zoning Administrator, to
the last known address of the owner or owners of the property, after
approval of such action by the Town Council.
(18)
Veterinarian clinics. In all residential districts
subject to the requirements of those districts wherein located except
as herein provided:
(a)
One professional veterinarian who must be a
resident of the dwelling on the property and one additional veterinarian.
(b)
All operations in connection with the clinic
must be conducted indoors.
(c)
One person, other than the professional veterinarians,
may be employed full-time plus one part-time employee for maintenance
of the clinic facility.
(d)
That there is no exterior evidence other than
a permitted sign not exceeding 16 square feet to indicate that the
building is being used for other than residential purposes.
(e)
Sufficient off-street parking in the side or
rear yard must be provided with nine spaces being the minimum for
the clinic use and two space for the residential use.
(f)
The total building area devoted to the clinic
may not exceed 10 % of the land area of the site.
(g)
No work on large animals (bovine or equine)
is to be performed on the premises.
(h)
Must have direct access onto a collector or
higher classification roadway as designated in the Town Master Plan.
(i)
The minimum lot area must be 30,000 square feet.
(k)
Screening and buffers must be provided where
the site abuts residential zoning districts and must include no less
than two off-set rows of coniferous plantings with five-foot separation
plus a hedge planting.
(l)
No crematorium or incinerator device may be
used on the site in conjunction with the clinic operation.
(19)
Churches, schools, libraries, community centers.
In all residential districts, subject to the requirements of the district
wherein located, except as herein provided:
(a)
Lot area: one acre minimum.
(b)
Lot width: 150 feet minimum.
(c)
No building shall be located within 100 feet
of a street line and 50 feet of any property line.
(d)
Building coverage: 25% maximum.
(e)
Access must be on a major street as designated
in the Town Master Plan.
(f)
Screening and buffers must be provided where
the site abuts residentially used properties.
(20)
Fire and rescue stations. In all districts and
subject to the requirements of the district except as herein provided:
(a)
Lot area: two-acre minimum.
(b)
Lot width: 200 feet minimum.
(c)
No building shall be located within 50 feet
of any street or property line.
(d)
Access must be on a collector or higher classification
roadway as designated in the Town Master Plan.
(e)
Where the site abuts residentially used or zoned
properties, no parking or driveways shall be located within 25 feet
of any property line and screening and buffers must be provided along
property lines.
(f)
Accessory uses for a fire or rescue station
in a residential zone may include use of meeting rooms by the public
but shall exclude social and fundraising events such as bingo, carnivals,
dances, etc.
(21)
Elderly housing, detached and attached units.
In all residential districts and subject to the requirements of the
district in which located except as herein provided:
(a)
Maximum permitted density is eight units per
acre.
(b)
No more than four units may be attached in any
one grouping.
(c)
The overall site must meet the setback requirements
of the district in which located; however, individual units shall
not be required to conform to setback requirements unless so required
by the Planning Commission.
(d)
Two paved parking spaces per unit are required.
One of the paved spaces must be reserved for and directly accessible
to each unit.
(e)
The primary road providing access to the site
must be a collector or higher classification road, or access must
be approved in writing by both the Planning Commission and emergency
services.
(f)
All major living spaces must be handicap accessible,
and a handicap accessible entrance is required from the parking area
to each dwelling unit.
(g)
Covenants must be developed to require that:
[Amended 5-6-2002 by Ord. No. 2002-4]
[1]
Occupancy be restricted to persons 55 years
of age or older, or who are permanently totally disabled, provided
in that instance that at least one resident be 55 years of age or
older. For purposes on this section, ”permanently totally disabled”
means a disability (mental or physical) which has existed or is expected
to last for at least one year, and is of a nature that would meet
the definitions of total disability under the Federal Social Security
Program or permanent total disability as defined for purposes of Maryland
Workers' Compensation Law.
[2]
Each dwelling unit must be occupied by the owner,
or a grandparent, parent, spouse, child, or other lineal descendant
of the legal owner, or occupied by a beneficiary of a trust established
by or for the benefit of such occupant, and
[3]
All exterior areas and improvements therein
must be managed under a common maintenance agreement, (excluding areas
to be dedicated to or maintained by the Town).
(22)
Accessory apartment. In all residential districts
and subject to the requirements of the district except as herein provided:
[Added 10-6-1997 by Ord. No. 1997-4]
(a)
Accessory apartment must be in owner-occupied
dwelling.
(b)
No external structural changes can be made to
the existing structure (except minor appurtenance changes such as
fire escapes, dormer windows, etc.)
(c)
Off-street parking can be provided in accordance
with the zoning requirements for each dwelling unit or apartment.
(d)
Only one accessory unit, with no minimum floor
area, would be permitted for each 900 square feet of gross floor area
in the existing structure.
(e)
The structure to be converted must have existed
prior to October 8, 1951, and contain at least 1,800 square feet of
gross floor area for conversion to be approved.
(f)
There will no minimum lot size or density provisions
providing the above requirements are met.
(23)
Retail and commercial uses in excess of 65,000
square feet. Retail or commercial uses in excess of gross flooring
area of 65,000 square feet for a single establishment or a group of
four or less in the CC District, subject to the requirements of the
CC District except as herein provided:
[Added 8-6-2001 by Ord. No. 2001-7]
(a)
Lot area: 15 acres minimum.
(b)
All buildings must be set back at least 100
feet from the street lines and 100 feet from all property lines, except
200 feet from residential lines where adjacent property is in a residential
zone.
(c)
Parking is required at a minimum ratio of one
parking space to 200 square feet of gross store area.
(d)
Access must be on a single major collector street.
(e)
A buffer yard 100 feet wide must be provided
on the site in all instances in which the site adjoins a R District.
The buffer yards shall be naturally landscaped and plantings shall
include (but are not limited to) berms, plantings, fences and other
barriers. Except where property adjoins a R District, parking and
access drives are permitted in the buffer area, provided they are
located no closer to the property line than 1/2 the building setback.
(f)
Where the site adjoins a R District, the Board
may require screen plantings (specifying spacing, height, and diameter/caliper
of plantings) and/or fencing to screen buildings from the R District
and provide protection to the R District.
(g)
The following lighting standards, in addition to those found in § 112-18 of this chapter, shall apply:
[1]
All lighting shall be consistent with current
Town lighting, e.g., high-density sodium lighting.
[2]
Poles shall not exceed 30 feet in height, or
25 feet on the perimeter of the property.
[3]
Lamp wattage in each fixture shall not exceed
400 watts.
[4]
Full cutoff adjustable fixtures shall be required
for lighting, including wall packs.
[5]
Floodlights shall be prohibited.
(h)
Uses. Any commercial use permitted in the CC
District.
(24)
Nonresident professional offices. In all residential
districts and subject to the requirements of the districts in which
located in addition to the requirements herein provided:
[Added 7-7-2003 by Ord. No. 2003-12;
amended 6-4-2007 by Ord. No. 2007-16]
(a)
Primary professional shall be defined to include
physician, dentist, architect, insurance sales, engineer, surveyor,
attorney or other position requiring training and licensing and the
like but shall not include paraprofessionals or positions serving
to support the primary professional such as dental hygienists and
veterinarian technicians.
(b)
Residency of a professional in a building is
preferred but not required.
(c)
No more than two primary professionals of a
similar profession shall be permitted to have offices in the property,
and no more than two such primary professionals shall be present and
working on the premises at any time.
(d)
The character of the external appearance of
the building and accessory structures must be that of a dwelling or
its accessory structures. No display or shop window is permitted,
and no display or products may be shown so as to be visible from outside
the dwelling. A nameplate not larger than two square feet in area
attached to the building and illuminated only by indirect lighting
is permitted. Other outdoor signs, including sidewalk sandwich signs,
shall not be permitted except to the extent permitted in residential
zones.
(e)
The building and grounds must be maintained
and in compliance with all applicable housing and maintenance codes.
(f)
Not more than five total employees, including
primary professionals, supporting professionals and paraprofessionals,
support staff and nonprofessionals, shall be present and working at
the premises at the same time. Hours must be limited to 8:00 a.m.
to 8:00 p.m. on weekdays and 9:00 a.m. to 4:00 p.m. on Saturdays and
legal holidays. Sunday hours shall not be permitted.
(g)
Sufficient off-street parking in the side or
rear yard must be provided, with a minimum of three spaces per professional
plus those required for residential use, if any.
(h)
The property must be a residential-style, detached
building with a minimum lot size of 20,000 square feet and located
on a corner lot with frontage on at least one major collector street
or arterial road.
(i)
The lot must either adjoin or confront, in whole
or part, property zoned commercial or industrial.
[Amended 11-5-2012 by Ord. No. 2012-9]
(j)
The proposed usage is subject to site plan approval
by the Planning and Zoning Commission.
(25)
Freestanding signs. More than one freestanding
sign on a property may be permitted in commercial and industrial districts
as a special exception use as long as the freestanding signs call
attention to a business, service or industry conducted on the premises
upon which the sign is located or within the Town limits, which serves
to direct the public to the business site or sites, subject to all
other standards for freestanding signs, including but not limited
to illumination, size, total permitted area given the road frontage
and setback requirements.
[Added 1-16-2001 by Ord. No. 2000-6]
(26)
Bed-and-breakfasts. Bed-and-breakfast facilities
in the CC, NP, LC and RE zones, subject to the following conditions:
[Added 10-4-2004 by Ord. No. 2004-8]
(a)
The primary use of the structure and property
shall be residential.
(b)
Individual bed-and-breakfast units shall not
contain cooking facilities.
(c)
Interior residential features shall be retained
in a manner which allows reconversion to a residential use.
(d)
The dwelling shall be owner-occupied and managed.
(e)
No more than four rooms shall be rented.
(f)
Parking shall be provided on site with one additional
space required for each room that is available to be rented.
(g)
The use of the property as a bed-and-breakfast
shall be shown by the owner not to be detrimental to the neighborhood.
(h)
Other than an authorized sign, the bed-and-breakfast
use shall be shown to be compatible with the neighborhood and shall
be maintained and landscaped to eliminate outward signs of transient
use.
(i)
No residential structure shall be removed in
order to allow for a bed-and-breakfast use or removed for parking
for such a use.
(j)
Meals shall be served only to customers who
are actually using the bed-and-breakfast accommodations overnight,
nonpaying residents, or their bonafide guests.
(k)
The maximum stay for each customer using the
bed-and-breakfast accommodations shall be 14 days, and a guest book
shall be maintained by the owner which accurately identifies all customers
for each night's lodging.
(l)
No more than one nonresident person may be employed
on the premises on a full-time basis (i.e., at least 35 hours per
week).
(m)
A bed-and-breakfast shall not have any sign
or other evidence of its use except one sign not exceeding two feet
by three feet in area, which may be double-faced and illuminated by
indirect lighting.
(n)
The Board shall not approve a proposed bed-and-breakfast use unless it finds that the use will achieve a maximum of compatibility, safety, efficiency and attractiveness. In making such determination, the fact the proposed bed-and-breakfast complies with all other stated general regulations contained in this Subsection F(26) (as well as all general development standards or other specific requirements of the applicable zone within the Town) shall not be deemed to create a presumption that the proposed bed-and-breakfast use is, in fact, compatible with surrounding land uses and, in itself, shall not be sufficient to require its approval.
(o)
Notwithstanding anything contained herein to
the contrary, a bed-and-breakfast use shall not be permitted on any
lot which is included within a plat of subdivision if such plat was
recorded among the Land Records of Frederick or Carroll Counties after
January 1, 1951.
(27)
Second floor outdoor dining/seating. Second floor outdoor dining/seating
in the DTZ District, subject to the following conditions:
[Added 10-4-2010 by Ord. No. 2010-6]
(a)
Any restaurant establishment offering outdoor second floor dining/seating
must have an indoor dining/seating area of a size at least equivalent
in size or greater than the outdoor dining/seating area.
(b)
The maximum size of the outdoor second floor dining/seating area
shall be greater than 1,000 square feet.
(c)
Any second floor outdoor dining/seating area must be covered by a
permanent, solid roofing structure and covered with acoustical tiling
or sound-absorbing materials. No temporary roofs, tents or awnings
shall be permitted.
(d)
Any outdoor second floor dining/seating area shall be surrounded
on all sides by a wall, constructed of either completely solid materials
such as masonry or a combination of solid and opaque materials, at
a total minimum height of 48 inches, designed in order to prevent
objects from being placed upon or falling over the wall and for safety
purposes to prevent people from sitting on, leaning over or falling
over the wall.
(e)
Any outdoor second floor dining seating area shall have self-closing
doors which shall not be propped open.
(f)
Hours of service shall be limited to 10:00 a.m. to 9:00 p.m., and
said area must be vacated by 10:00 p.m., at which time lights, other
than safety and security lighting, shall not be provided except for
one hour for the purposes of trash removal and cleanup.
(g)
Beverages shall be served only in paper or plastic containers. Glass
containers of any type shall be prohibited in an outdoor second floor
dining/seating area.
(h)
The service and consumption of any alcoholic beverages in any outdoor
second floor dining/seating area shall be in strict compliance with
all state and local alcoholic beverage laws and may be served in second
floor outdoor dining areas only in conjunction with the service of
food and meals.
(i)
Operation of any outdoor second floor dining/seating area shall comply
with all state and local noise ordinances.
(j)
Operation and use of any outdoor second floor dining/seating area
may be throughout the entire calendar year.
(k)
The operation of any outdoor second floor dining/seating area shall
be required to comply with all state and local laws, codes, regulations
and ordinances and all licensing and permitting requirements, including
but not limited to all Health Department and Liquor Board laws and
regulations. The business owner and/or property owner shall be responsible
for any violations of noise, public nuisance and hours of operation
requirements.
(l)
The outdoor second floor dining area mast be cleared of trash and
food waste within one hour of the time the dining area is vacated.
(m)
Lighting must adhere to Town standards.
(n)
Outdoor second floor dining areas shall be subject to the site plan
review and approval by the Town of Mount Airy Planning Commission.
(o)
A second floor dining area shall be subject to the same development
requirements as indoor areas, including, but not limited to, parking
requirements, water use and capacity.
(p)
The use of any outdoor sound amplification device is prohibited.
(q)
Second floor outdoor dining areas shall be located so as not to obstruct
sidewalks and parking areas, and placement shall be limited to areas
bordering Main Street, Center Street to the extent located within
the DTZ District, the first 250 feet of Prospect as it intersects
with North Main Street, and the first 250 feet of Park Avenue as it
intersects with South Main Street.
(r)
The Town's design guideline must be utilized to the fullest extent
to ensure architectural design compatibility with both the existing
building and the architectural theme of the existing downtown buildings.
(28)
Child-care facilities in single-user buildings with a designated
outdoor play yard in the Industrial District. Subject and in addition
to the requirements of the Industrial District:
[Added 8-1-2011 by Ord. No. 2011-5]
(29)
Mixed-use development in a CC District (MXU-CC), subject to
the following:
[Added 9-11-2017 by Ord.
No. 2017-7]
(a)
MXU-CC shall facilitate the integrated and orderly development
of commercial, office, and residential uses on vacant tracts of Community
Commercial (CC) zoned land in locations where high-quality mixed-use
developments can occur in harmony with surrounding land uses.
(b)
Minimum tract size. The vacant tract must be a minimum of 10
acres in order to be considered for MXU-CC.
(30)
Tobacco shops, vape shops, and cannabis businesses and hemp businesses
that sell, dispense, otherwise distribute, store, extract, or otherwise
process incidental to a dispensary operation authorized by the Town
Code, but do not grow, Cannabis or Hemp, subject to the following:
[Added 11-6-2023 by Ord.
No. 2023-39]
(a)
Any and all applicable provisions, restrictions, licensing requirements
or conditions of the Town, County or Maryland Code, or other applicable
laws.
(b)
For cannabis and hemp businesses, control and mitigation systems
shall be incorporated to restrict and mitigate odors so that, at a
minimum, odors from product shall not be detected beyond the indoor
areas to the buildings or improvements. Such control and mitigation
systems may include building pressure, exhaust, and deodorizing systems,
carbon filtration, dehumidification, fogging, and if practical the
proper sealing of rooms storing or containing product within the business.
The Town may require blower door testing as a condition to the issuance
of a use and occupancy permit.
(c)
A tobacco shop, vape shop, cannabis business or hemp business may
not be located within a 1,000 feet radius of a preexisting primary
or secondary school, or a licensed child-care center or registered
family child-care home, martial arts or dance studio, a playground,
recreation center, library, pediatric medical office, church or other
house of worship, or public park. The 1,000 feet buffer distance shall
be measured as the shortest straight- line distance from the property
line of the proposed tobacco shop, vape shop, cannabis business or
hemp business location to the property line of any of the locations
listed above.
(d)
A tobacco shop, vape shop, cannabis business or hemp business may
not be located within a 500 feet radius of a preexisting residence.
The 500 feet buffer distance shall be measured as the shortest straight-
line distance from the property line of the proposed tobacco shop,
vape shop, cannabis business or hemp business location to the property
line of the residence.
(e)
The business may not be located within a 1,000 feet radius of another
tobacco shop, vape shop, cannabis business or hemp business. The 1,000
feet buffer distance shall be measured as the shortest straight- line
distance front the property line of the proposed tobacco shop, vape
shop, cannabis business or hemp business location to the property
line of the other closest tobacco shop, vape shop, cannabis business
or hemp business.
(f)
No tobacco shop, vape shop, cannabis business or hemp business shall
open earlier than 9:00 a.m. nor close later than 9:00 p.m.
(g)
Signage for tobacco shops, vape shops, cannabis businesses or hemp businesses shall be in compliance with § 112-11. Signage visible from outside such a business may only contain essential text identifying the business or trade name, location, contact information, hours of operation, the business type ( i.e., "shop," or "dispensary") and product sold (i.e., " tobacco," "vape," "Cannabis," "Hemp," "CBD").
Use of building permitted by Board shall be
established within 12 months. No order of the Board permitting a use
of a building or premises shall be valid for a period longer than
12 months, unless such use is established within such period; provided,
however, that where such permitted use is dependent upon the erection
or alteration of a building, such order shall continue in force and
effect if a zoning certificate for said erection or alteration is
obtained within such period and such erection or alteration is started
and proceeds to completion in accordance with the terms of such certificate.
A.
Any person or persons, jointly or severally aggrieved
by any decision of the Board of Appeals, or by any reclassification
by the Town Council, or any taxpayer, or any officer, department,
board, or bureau of Mount Airy may appeal the same to the circuit
court of the county. Such appeal shall be taken according to the Maryland
Rules as set forth in Chapter 1100, Subtitle B.
B.
An appeal, from any decision of the circuit court
reviewing a decision of the Board of Appeals may be taken to the Court
of Special Appeals of Maryland during the period and in the manner
prescribed by the rules of the court of appeals.
[Added 6-7-2004 by Ord. No. 2004-4]
If an application for variance or special exception
is disapproved by the Board, thereafter the Board shall take no further
action on another application for the same or a substantially similar
proposal, on the same premises, until two years have passed from the
date of such disapproval.
