CHAPTER 158: ZONING REGULATIONS

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Section

General Provisions

158.001 Purpose

158.002 Definitions

158.003 Effective date; application within county

Districts Established; Maps and Boundaries

158.015 Districts established

158.016 District maps

158.017 Rules for interpretation of district boundaries

General Regulations

158.030 Minimum regulations; uniform application

158.031 Compliance required

158.032 Deferrals

158.033 Nonconforming uses

158.034 Uses prohibited under other county or state laws

158.035 Agricultural uses

158.036 Private kennels

158.037 Use of same yard space for more than one building prohibited

158.038 Major road plans

158.039 Utility equipment and towers

158.040 Distance requirements

158.041 Locating ancillary facilities

158.042 Traffic visibility across corner lots

158.043 Traffic visibility entering publicly maintained roads

158.044 Measurement of front yard depth

158.045 Principal dwellings

158.046 Game machines as accessory use

158.047 Temporary zoning certificates

158.048 Temporary/seasonal uses

158.049 County public buildings, structures, and uses

158.050 Compliance with Landscape Ordinance

158.051 Sewage sludge storage

158.052 Staff housing for group homes

158.053 Temporary real estate sales office

158.054 Communications towers

158.055 Rental of certain dwelling units

158.056 Outdoor parking of commercial vehicles on residential property

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158.057 Outdoor storage of unlicensed vehicles

158.058 Subdivision of land; expiration of preliminary plans

158.059 Medical cannabis

158.060 Measurement of separation or distance between uses

Districts

158.070 A Agricultural District

158.071 C Conservation District

158.072 R-40,000 Residence District

158.073 R-20,000 Residence District

158.074 R-10,000 Residence District

158.075 R-7,500 Residence District

158.076 MHP Mobile Home Park District

158.077 C-1 Commercial Low Intensity District

158.078 C-2 Commercial Medium Intensity District

158.078.01 C-3 Commercial High Intensity District

158.079 I-1 Light Industrial District

158.080 I-2 Heavy Industrial District

158.081 EC Employment Campus District

158.082 Commercial, Industrial, and Employment Campus Districts:

Regulation of Principal Uses

158.083 Commercial and Industrial Districts: Regulation of Accessory

Uses

158.084 Commercial and Industrial Districts: Bulk Requirements

Overlay Districts

158.095 HDO Historic District Overlay

158.096 MRO Mineral Resource Overlay

158.097 H Heritage District

158.098 Commercial Camping Area

Signs

158.110 Applicability

158.111 Signs permitted without zoning certificate

158.112 Signs requiring zoning certificate

158.113 General regulations

158.114 Use-on-the-premises signs

158.115 Use-off-the-premises signs

Administration and Enforcement

158.130 Exceptions and modifications

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158.131 Zoning Administrator

158.132 Zoning Certificates

158.133 Board of Zoning Appeals (BZA)

158.134 Amendments

158.135 Enforcement

158.136 Civil zoning violations

Specific Uses

158.150 Mobile homes

158.151 Small wind energy systems

158.152 Villages of Historic Importance

158.153 Solar energy conversion facilities

158.154 Adult entertainment business, massage establishment, or striptease

business

158.155 Junkyards

158.156 Industrial Park

158.157 Above ground storage of petroleum products

158.158 Self-service storage facility

158.159 Business Park

158.999 Penalty

Cross-reference:

Parking space requirements, see §§ 155.075 through 155.078

Cluster subdivisions, see § 155.095

Planned Business Centers (Shopping Centers), see § 155.094

Planned Unit Development, see § 155.093

GENERAL PROVISIONS

§ 158.001 PURPOSE.

The purpose of this chapter is to:

(A) Promote the health, safety, morals, and the general welfare of the community, by

regulating and restricting:

(1) The height, number of stories, and size of buildings and other structures;

(2) The percentage of lot that may be occupied;

(3) The density of population;

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(4) The size of lots, yards, courts, and other open spaces; and

(5) The location and use of buildings, structures, and land for trade, industry,

residence, and other purposes.

(B) Provide for adequate light and air;

(D) Secure safety from fire, panic, and other danger; and

(E) Conserve the value of property.

§ 158.002 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning. Any words not defined herein shall have their

generally accepted meaning.

ACCESSORY DWELLING UNIT. An additional attached or detached dwelling unit on

a lot with a principal dwelling unit.

ACCESSORY USE. A use of land or all or part of a building which is customarily

incidental and secondary to the principal use of the property and which is located on the same lot

with the principal use.

ADULT ENTERTAINMENT BUSINESS. An adult store or an adult movie theater.

ADULT MOVIE THEATER. A business establishment open to the public, or to

members, that maintains display devices for viewing on the premises, files, videos, or other

viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on

matters depicting, describing or relating to sexual activities. This does not include a motion-picture

theater which has seating for at least 50 persons per screen.

ADULT STORE. A business establishment open to the public, or to members, that offers

for sale or rental any printed, recorded, photographed, filmed, or otherwise viewable material, or

any sexually oriented paraphernalia, if a substantial portion of the stock or trade is characterized

by an emphasis on matters depicting, describing, or relating to sexual activities. The term does not

include a motion-picture theater which has seating for at least 50 persons per screen.

AGRICULTURAL or AGRICULTURAL PURPOSES. The raising of farm products for

use or sale, including livestock or poultry husbandry, and the growing of crops such as grain,

vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers, and similar products of the soil,

and including stables for boarding and training horses. AGRICULTURAL or AGRICULTURAL

PURPOSES does not include the growing, cultivation, processing or dispensing of Marijuana, as

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defined in the Criminal Law Article, § 5-101, of the Annotated Code of Maryland as amended, or

Medical Cannabis, as defined in COMAR, Title 10, Subtitle 62.

AIR FIELD. A strip of land designed and altered to accommodate the takeoff and landing

of aircraft.

AIRPORT. An area or tract of land including one or more airfields designed and intended

to be used for and maintained as a facility to accommodate the takeoff and landing of aircraft and

for receiving and discharging of passengers and/or cargo and that usually has facilities for the

shelter and repair of aircraft.

AMUSEMENT ARCADE. Any facility for the use or operation of 5 or more game

machines.

APARTMENT. An area within a two-family or multi-family dwelling arranged or

designed as one dwelling unit.

APARTMENT BUILDING. Any building having or designed to have 3 or more

apartments.

ARTISAN MANUFACTURING AND PRODUCTION. The manufacture and

production of commercial goods by a manual worker or craftsperson, in a building or indoor tenant

space no greater than 3,500 square feet in size, including but not limited to jewelry, metalwork,

cabinetry, stained glass, textiles, ceramics, or handmade food products.

ASSISTED-LIVING FACILITY. A facility to provide housing and supportive services,

supervision, personalized assistance, health-related services, or a combination thereof, that meets

the needs of individuals who are unable to perform or who need assistance in performing the

activities of daily living in a way that promotes optimum dignity and independence for the

individuals.

ATTACHED ACCESSORY DWELLING. A portion of a single-family dwelling that

shall provide complete, independent living facilities for sleeping, eating, cooking, and sanitation

within the main dwelling unit, but which is separate from the main dwelling unit’s cooking area,

bathroom(s), and living areas.

AUTOMOBILE SERVICE CENTER. Land and buildings in which any or all of the

following are conducted:

(1) The retail sale and installation of motor vehicle parts, accessories, and lubricants,

including but not limited to tires, batteries, mufflers, brakes, radiators, lights, ignition system parts,

oil, grease, and coolants for automobiles, pickup trucks and similar passenger-type vehicles; and

(2) General automotive repair but excluding body repairs and vehicle painting or spray

booths.

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BED AND BREAKFAST. Any owner-occupied, residential dwelling in which rooms are

rented to paying guests on an overnight basis.

BORROW PIT. An area from which soil or other unconsolidated materials are removed

to be used, without further processing, as fill for activities such as landscaping, building

construction, or highway construction and maintenance.

BREWERY. A facility that has been issued a Class 5 manufacturer’s license under the

Alcoholic Beverages Article of the Annotated Code of Maryland.

BUILDING. An enclosed structure, anchored to a permanent foundation and having

exterior or party walls and a roof designed for the support, shelter, or enclosure of persons, animals,

chattels, or property of any kind.

BUILDING HEIGHT. The vertical distance from grade plane to the height of the highest

roof surface.

BUILDING SUPPLIES. Materials directly associated with building construction,

including but not limited to lumber, hardware, hand tools, paint, prefabricated doors, windows,

frames, roofing, and roofing supplies, plumbing, and electrical supplies.

BULK REQUIREMENTS. The dimensions relating to the size of structures or uses,

including lot area, lot width, height, and yard requirements.

BUSINESS PARK. A self-contained development area of primarily business uses that is

cohesive, with a common development scheme, and approved as a single development plan, which

may be comprised of multiple lots under certain circumstances.

BUTCHER SHOP. A shop in which meat, poultry, and/or fish are processed and sold to

the general public.

CATERING ESTABLISHMENT/BANQUET FACILITY. An establishment which is

rented by individuals or groups to accommodate functions including but not limited to banquets,

weddings, anniversaries, and other similar celebrations, and may also include on-site kitchen

facilities. Food prepared on the premises may be delivered to another location for consumption.

CEMETERY. A place used for interment of human or animal remains or cremated

remains, including a burial park for earth internments, a mausoleum for vault or crypt internments,

a columbarium for cinerary internments, or a combination thereof.

COMMERCIAL CAMPING AREA. Any tract of land not less than 5 acres which is

designed, maintained, or intended for the purpose of supplying a location or accommodation for 2

or more tents, recreational vehicles, or other camping vehicles as sleeping quarters for persons

engaged in recreational or vacation activities, except where the facilities are maintained for private

use of the land owner.

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COMMERCIAL PARKING LOT OR GARAGE. A lot or portion thereof which is used

for the storage of motor vehicles, which is not accessory to any other use on the same or any other

lot, and which contains parking space rented to the general public or reserved for individuals by

the hour, day, week, month, or year.

COMMERCIAL SAWMILL. A permanent operation or facility with an overall footprint

greater than 2 acres in size, which has, as its predominant purpose, the sawing, splitting, shaving,

chipping of timber or planing of logs or trees into rough slabs or semi-finished products. A

COMMERCIAL SAWMILL does not conduct manufacturing or refining. The operation may

process timber without regard to point of origination.

COMMUNICATIONS TOWER. A structure to support radio, cellular telephone and

television transmission antennas; microwave relay towers; monopoles; and similar structures for

transmission or reception and retransmission of electronic signals. COMMUNICATIONS

TOWER includes accessory equipment buildings that do not have office space.

COMMUNICATIONS TOWER does not include amateur radio operator antennas which are

accessory to a residential use and television antennas which are accessory to a residential use.

(1) A “freestanding tower” stands without support of guy wires or cables.

(2) A “guyed tower” depends upon a pattern of supporting cables for its stability.

COMMUNICATIONS TOWER COMPLEX.

(1) Any single parcel of land on which are situated or proposed to be situated 2 or more

communications towers; or

(2) More than one tower being used for a common purpose or enterprise and located on

contiguous parcels.

CONCRETE OR ASPHALT RECYCLING. An area in which concrete or asphalt is

collected and processed through grinding or crushing in preparation for reuse as base material.

CONCURRENT RECLAMATION. Mine reclamation system or procedures, including but

not limited to, backfilling, grading, topsoil replacement, stabilization and revegetation of

excavated material that proceeds concurrently with the progress of the mineral resource recovery

operation.

CONDITIONAL USES. Uses which are specified for BZA approval prior to

authorization and which uses, after public hearing, may be approved conditionally or disapproved

in accordance with § 158.133(B) and (G). The term CONDITIONAL USE shall constitute the

same meaning as “special exception” specified as one of the general powers of the BZA in

accordance with Md. Code, Land Use Article.

CONFERENCE CENTER. A facility for conducting meetings, discussions, and

seminars. A CONFERENCE CENTER may include meeting rooms, auditoriums, cafeterias,

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dining rooms, and supporting services designed to accommodate planned meetings, and may be

accessory to a hotel or motel.

CONTIGUOUS. The sharing of a common property line other than a corner, except

where otherwise provided in this chapter.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A building or group of

buildings providing a continuity of residential occupancy and health care for elderly persons. This

facility includes dwelling units for independent living, assisted-living facilities, plus a skilled

nursing care facility of a suitable size to provide treatment or care of the residents; it may include

ancillary facilities for the further employment, service, or care of the residents. The facility is

restricted to persons 55 years of age or older or couples where either occupant is 55 years of age

or older.

CONTRACTOR. A person or entity engaged in the following or similar: carpentry,

cleaning, construction, electrical, excavation, exterminating, heating/air conditioning, home

improvement, landscaping, masonry, painting, paving, plumbing, roofing, septic system, snow

removal, and well drilling.

CONTRACTOR’S EQUIPMENT STORAGE. The use of any space, whether inside or

outside a building, for the storage or keeping of contractor’s equipment or machinery, including

building materials storage, construction equipment storage, or landscaping equipment, and

associated materials.

CONVEYOR SYSTEM. Mechanical handling equipment that moves materials from one

location to another which may cross over one or more property lines utilizing a covered and

enclosed conveyor, which may run on the ground, underground, or above the ground depending

on terrain or other site conditions. CONVEYOR SYSTEM does not include mechanical handling

equipment utilized on-site that is accessory to any industrial, commercial, or extractive use.

COTTAGE INDUSTRY. Manufacturing or assembly conducted by a member or

members of the family residing on the property with no more than 2 nonresident employees. The

use is not a cottage industry if it generates traffic, parking, sewerage, or water use to a greater

extent than would normally result from residential occupancy; includes inventory or merchandise

kept for sale on the premises; changes the external appearance of the dwelling and is visible from

the street; includes any outside storage or display, other than a sign not exceeding one foot by 2

feet; and creates a hazard to any person or property; results in electrical interference; or becomes

a nuisance.

COUNTRY CLUB. A private club which offers recreational facilities, such as swimming,

golf, or tennis, to its members and guests and may provide dining facilities or host catered events.

COUNTRY INN. Any dwelling in which rooms are rented to paying guests on an

overnight basis with meals served daily. A COUNTRY INN may also provide catering and

facilities for banquets, weddings, receptions, reunions, and similar one-time events which are not

open to the public generally.

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CREMATORIA. Locations within enclosed buildings containing properly installed,

certified apparatus for use in the act of cremation of deceased persons.

CURTILAGE. Buildings and areas in close proximity to a dwelling which are habitually

used for residential purposes.

CUSTOM. A service or retail establishment which has no more than 5 full-time equivalent

employees, providing special orders to the specifications of an individual purchaser with artisan

fabrication quality.

DAY CARE CENTER. A facility licensed for the care of more than 8 children or adults

away from their own homes, on a daily rather than an overnight basis.

DETACHED ACCESSORY DWELLING. A dwelling unit (excluding mobile homes) on

the same lot as the primary dwelling unit, but physically separated from the primary dwelling unit.

A DETACHED ACCESSORY DWELLING unit shall provide complete, independent living

facilities for one or more persons, including permanent facilities for living, sleeping, eating,

cooking, and sanitation.

DEVELOPMENT RIGHT. The potential for the creation of residential subdivision lots

existing because of the zoning classification of the parcel.

DIMENSIONAL REGULATIONS. Any of the requirements specified in this chapter or

any other chapter of Title XV, Land Use, having to do with setbacks, bulk requirements, separation

distances, or similar requirements.

DISASTER. A sudden calamitous event bringing great damage or destruction such as fire,

windstorm, flood, explosion, act of public enemy or accident, which event results in a home being

declared unsafe for occupancy by the Code Official, as “Code Official” is defined in the Carroll

County Construction Codes, or an unforeseen condition which renders a home unfit for human

habitation for medically documented reasons due to the presence of contaminants which endanger

the health of humans.

DISPLAY DEVICE. An electronically or mechanically controlled still or motion-picture

machine, film projector, videotape player, or other image-producing device that may be activated

directly or indirectly by viewers or at the request of viewers, for which a fee is charged.

DISTILLERY. A facility that has been issued a Class 1 Manufacturer’s license under the

Alcoholic Beverages Article of the Annotated Code of Maryland.

DWELLING. Any building arranged, designed, or used in whole or in part for residential

purposes, but not including a tent, cabin, trailer, or mobile home, or a room in a hotel or motel.

(1) DWELLING, MULTI-FAMILY. A detached building or a group of attached

buildings, designed for or used exclusively for residential purposes by more than 2 families or

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more than 2 housekeeping units.

(2) DWELLING, SINGLE-FAMILY. A detached building designed for or used

exclusively for residential purposes by residents as a single dwelling unit.

(3) DWELLING, TWO-FAMILY. A detached building with one dwelling unit above

the other (duplex) or 2 semidetached dwelling units located on abutting lots or on the same lot,

separated by a party wall without openings, in either case for or used exclusively for residential

purposes, but not more than a total of 2 families or two housekeeping units.

DWELLING UNIT. A single unit providing complete independent living facilities for

one or more persons including permanent provisions for living, sleeping, cooking, eating, and

sanitation.

ELECTRONIC MESSAGE SIGN. A computerized programmable electronic visual

communication device capable of storing and displaying messages and images.

EXCAVATED MATERIAL. Material extracted or removed as a result of a mineral

resource recovery operation, except for that material utilized in processing operations.

EXTRACTIVE OPERATIONS.

(1) The breaking of the surface soil in order to facilitate or accomplish the extraction or

removal of minerals;

(2) Any activity or process constituting all or part of a process for the extraction or

removal of minerals from their original location;

(3) The extraction of sand, gravel, rock, stone, or earth, for highway construction purposes

or other public facilities; or

(4) Storage of excavated material shall not be considered an extractive operation for

purposes of this chapter.

FAMILY DAY CARE. Care provided for not more than 8 children, in the provider’s

residence, on a daily basis rather than an overnight basis.

FARM ALCOHOL PRODUCER. A farm that grows and processes, stores, and/or sells

agricultural products for the production of wine, beer, brandy, juice, or other similar beverage on

an on- site producing vineyard, orchard, hopyard, or similar growing area.

FLOOR AREA. The total area of all floors within a building, measured from centerlines

of joint partitions and/or exteriors of outside walls.

FUEL STATION. Any area of land, including buildings and other structures thereon that

are used to dispense motor vehicle fuels, oil, and accessories at retail, and no storage or parking

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space is offered for rent. Mechanical maintenance or repair is prohibited.

FUNERAL ESTABLISHMENT. A building or part thereof wherein a licensed

undertaker prepares the deceased for internment.

GAME MACHINES. Includes but is not limited to video games, electronic novelty

games, electro-mechanical and electronic target games, driving games, pinball machines, and other

similar devices and machines.

GARAGE, RESIDENTIAL. An accessory building, portion of a main building, or

building attached thereto, used for the storage of private motor vehicles.

GENERAL RETAIL USE. A commercial facility for the sale of commodities or goods

directly to ultimate consumers.

GENERAL SERVICE USE. A commercial facility directly administering to the needs

of persons, households, or businesses, including but not limited to establishments such as barber

shop, beauty parlor, spa, pet grooming, shoe repair, tailoring, mailing and shipping services,

laundry and dry-cleaning, watch repair, bank or other financial institution, electronics, appliance

or furniture repair, photographic studio, and the rental of products, but excluding the rental of

products with primarily outdoor storage and the manufacturing or fabrication of goods for

wholesale distribution.

GOLF COURSE. An area of land laid out for playing golf with a series of holes, each

including a tee, fairway, and putting green, and often one or more natural or artificial hazards.

GRADE PLANE. A reference plane representing the average of finished ground level

adjoining the building at exterior walls. Where the finished ground level slopes away from the

exterior walls, the reference plane is established by the lowest points within the area between the

building and the lot line or, where the lot line is more than 6 feet from the building, between the

building and a point 6 feet from the building.

HEALTH DEPARTMENT. The Maryland Department of Health and Mental Hygiene

or the Carroll County Health Department as applicable.

HEAVY MANUFACTURING AND PRODUCTION. A location used for the

processing, manufacturing, or compounding of materials or products primarily from raw materials,

which may include the storage of flammable or toxic matter and may include outdoor operations

as part of the manufacturing process. The products may be intermediaries for use by other

industries, and the manufacturing typically has a significant environmental impact on adjacent

properties. Heavy manufacturing includes but is not limited to brick or clay products, paper,

cloth, paints, spice, glucose, wire and perfume. This use may also include the accessory storage

and distribution of products or parts. This use does not include other manufacturing uses

specifically listed in the Table of Principal Uses.

HELIPORT. An area, either at ground level or elevated on a structure, licensed or

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approved for the loading and takeoff of helicopters.

HOME OCCUPATION. Any use of a dwelling, conducted solely by a resident, or use of

any accessory building which is incidental or subordinate to the main use of the principal building

for dwelling purposes, provided that the use:

(1) Utilizes space equal to not more than 500 square feet;

(2) Does not generate vehicular parking or nonresidential traffic to a greater extent than

would normally result from residential occupancy;

(3) Does not involve retail sales from the premises;

(4) Involves no evidence from the outside of the dwelling to indicate it is being used for

anything other than residential purposes, other than a sign not exceeding 3 square feet; and

(5) May involve mail order or internet-based sales, provided no customers come to the

dwelling.

HOSPITAL. An institution which is licensed by the state and which receives inpatients

or outpatients and provides medical, surgical, psychiatric, or obstetrical care. This term includes

any health related facilities which are established in connection with a HOSPITAL and are located

on the same site as the HOSPITAL. Such health related facilities shall include but not be limited

to diagnostic facilities, rehabilitation centers, laboratories, training facilities, outpatient care

facilities, facilities for chronic or convalescent care, and elderly housing facilities.

INDOOR RECREATIONAL FACILITY. A commercially operated indoor recreation or

entertainment facility including but not limited to amusement arcade, bowling alley, billiard parlor,

ice or roller skating rink, swimming pool, miniature golf, tennis or racquetball court, health or

fitness club or gym, paintball, gymnastics, or game center. An INDOOR RECREATIONAL

FACILITY may include space for teaching of the recreational activity.

INDUSTRIAL PARK. A self-contained development area of primarily industrial uses

that is cohesive, with a common development scheme, and approved as a single development plan,

which may be comprised of multiple lots under certain circumstances.

INDUSTRIALIZED BUILDING. A building assembly or system of building

subassemblies manufactured in its entirety, or in substantial part, off site and transported to the

point of use for installation or erection, with or without other specified components, such as a

finished building or as part of a finished building comprising 2 or more INDUSTRIALIZED

BUILDING units. An INDUSTRIALIZED BUILDING need not have electrical, plumbing,

heating, ventilation, insulation, or other service systems, but when such systems are installed at

the off site manufacture or assembly point they shall be deemed a part of such building assembly

or system of building assemblies. INDUSTRIALIZED BUILDING does not include open frame

construction which can be completely inspected on site.

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JUNKYARD. Any area where waste, discarded, or salvaged materials are bought, sold,

exchanged, baled, packed, stored, disassembled, handled, or abandoned, including the salvaging,

storage, or wrecking of automobiles and other vehicles, machinery, or parts thereof, house

wrecking yards, used lumberyards, and places for storage of salvaged building or structural steel

materials and equipment, but not including a scrap pile kept on a farm for the purpose of providing

spare parts and repair material.

KENNEL, COMMERCIAL. Any premises on which any person engages in the business

of boarding (daily or overnight), breeding more than 2 litters per year, buying, letting for hire,

training for a fee, or selling dogs.

KENNEL, PRIVATE. In conjunction with a residence, the keeping as personal pets of

more than 3 dogs which have permanent canine teeth.

LAWN CARE AND MAINTENANCE SERVICE. A person or entity that provides

services to residential and/or commercial properties that primarily provides mowing and lawn care

services including but not limited to mowing, trimming, maintaining planting beds, shrubbery,

trees and plowing of snow, but does not include primarily landscaping, hardscape installation and

installation of plants, trees, bushes, retaining walls, patios, and pools.

LIGHT MANUFACTURING AND PRODUCTION. A location used for the

manufacturing of finished products or parts, usually from previously prepared materials, including

processing, fabrication, compounding, assembly, treatment, and packaging of such products or

parts. The products are usually made for end-users, and such uses do not include processing of

hazardous gases and chemicals. Light manufacturing includes but is not limited to electrical

appliances, communications equipment, scientific instruments, photographic or optical products,

apparel, cosmetics, musical instruments, commercial bakeries, and novelties. This use may also

include the accessory storage, sales, and distribution of products or parts. This use does not

include other manufacturing uses specifically listed in the Table of Principal Uses.

LIMITED DISTILLERY. A facility that has been issued a Class 9 Manufacturer’s

license under the Alcoholic Beverages Article of the Annotated Code of Maryland.

LIVABLE FLOOR AREA. Space within a dwelling unit utilized for living, sleeping,

eating, and sanitation. Garages, unfinished basements, storage or utility spaces, and similar areas

are not considered as LIVABLE FLOOR AREA.

LOT. A piece or parcel of land occupied or intended to be occupied by a principal building

and its accessory buildings and uses, and meeting the minimum size requirements set forth in this

chapter.

(1) CORNER LOT. A lot abutting 2 or more existing or planned publicly maintained

streets at their intersection.

(2) LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the

street. For the purpose of determining LOT FRONTAGE on a lot served by a use-in-common

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(“UIC”) driveway, the line of the UIC driveway may be considered the front.

(3) LOT WIDTH. The horizontal distance between side lot lines measured at the

midpoints of the side lot lines.

MASSAGE. Any method of treating the external parts of the human body, for

compensation, by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm,

foot or other body part, provided by a massage technician.

MASSAGE ESTABLISHMENT. Any establishment where a massage technician

administers a massage to another person for compensation. This does not include a hospital,

nursing home, medical clinic or other establishment where massages are administered by

individuals certified as massage therapists as defined by Md. Code, Health Occupations Article, §

3-5A-01.

MASSAGE TECHNICIAN. An individual who administers a massage to another

individual for compensation. This does not include:

(1) A certified massage therapist as defined by Md. Code, Health Occupations Article, §

3-5A-01; or

(2) A medical practitioner as defined by this chapter.

MASTER PLAN. The policies, statements, goals, and interrelated plans for private and

public land use, transportation, and community facilities documented in text and maps which

constitute the guide for the county’s future development.

MEDICAL CANNABIS. Any product defined as Medical Cannabis in COMAR 10.62.01

that is grown, processed, transported or sold pursuant to a license issued by the Natalie LaPrade

Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of

the Annotated Code of Maryland.

MEDICAL CANNABIS DISPENSARY. A person or entity licensed by the state as a

dispensary as defined in COMAR 10.62.01.13 under a license issued by the Natalie LaPrade

Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of

the Annotated Code of Maryland.

MEDICAL CANNABIS GROWER. A person or entity licensed by the state as a grower

as defined in COMAR 10.62.01.14 under a license issued by the Natalie LaPrade Medical

Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of the

Annotated Code of Maryland.

MEDICAL CANNABIS PROCESSOR. A person or entity licensed by the state as a

processor as defined in COMAR 10.62.01.16 under a license issued by the Natalie LaPrade

Medical Marijuana Commission as stated in the Health-General Article §§ 13-3201 to 13-3206, of

the Annotated Code of Maryland.

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MEDICAL CENTER. A medical or dental clinic building occupied by medical

practitioners and dispensing health services.

METEROLOGICAL TOWER (MET TOWER). Includes the tower, base plate, anchors,

guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to

hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry

devices that are used to monitor or transmit wind speed and wind flow characteristics over a period

of time for either instantaneous wind information or to characterize the wind resource at a given

location.

MEDICAL PRACTITIONER. A physician, dentist, optometrist, chiropractor, podiatrist,

psychologist, physical therapist, nurse, massage therapist, or other similar health professional

licensed and/or certified by the state.

MICRO-BREWERY. A facility that has been issued a Class 7 manufacturer’s license under

the Alcoholic Beverages Article of the Annotated Code of Maryland.

MINERAL RESOURCE. Any solid material, aggregate, or substance of commercial

value, whether consolidated or loose, found in natural deposits on or in the earth, including (but

not limited to) clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell soil, and stone.

MINERAL RESOURCE NOTIFICATION AREA (MRN). An area which is within one-

half mile of a Mineral Resource Recovery Area or a Viable Resource Area and in which

notification of property owners and clustering away from the mineral resource are required.

MINERAL RESOURCE RECOVERY AREA (MR). An area which is underlain by a

mineral resource and under which mineral resource recovery is a principal permitted use.

MINERAL RESOURCE RECOVERY OPERATION. An operation composed of

extractive operations, processing operations, and/or storage and removal of excavated material.

MOBILE HOME. A structure, transportable in one or more sections, and which is built

on a permanent chassis with or without a permanent foundation and which is designed to be used

or is used as a dwelling, or is used for the conduct of any business or for storage.

MOBILE HOME PARK. Any site, lot, parcel, or tract of land which is designed, used or

intended to accommodate 3 or more mobile homes for living purposes.

MODULAR HOUSING. See definition of INDUSTRIALIZED BUILDING.

NONCONFORMING USE. Any building, structure, premises, or use lawfully existing

at the time of the adoption of this chapter or lawfully existing at such time as this chapter is

amended, and which does not conform with the use or dimensional regulations of the zone in which

it is located.

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NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus,

anal cleft, or cleavage with less than a fully opaque covering; the showing of the female breast

with less than a fully opaque covering of any part of the nipple; or the showing of the covered male

genitals in a discernibly turgid state.

NURSING HOME. A residential health-care facility which provides institutional

lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm, or

convalescent patients who are not related to the owner or administrator of the facility.

OIL-CONTAMINATED SOIL FACILITY. A facility that receives oil-contaminated soil

for treatment and storage; may include reuse and recycling of soils.

OPEN SPACE. Any parcel or area of land or water set aside, dedicated, designated, or

reserved for public or private use or enjoyment, or for the use and enjoyment of owners and

occupants of land adjoining or neighboring such open space. Yards on individual lots are not

OPEN SPACE.

OUTDOOR RECREATIONAL AREA. A commercially operated outdoor recreation or

entertainment facility including but not limited to miniature golf course, skating rink, ballfield,

swimming pool, tennis court, paintball center, golf driving or batting range. An

OUTDOOR

RECREATIONAL AREA

may include space for teaching of the recreational activity.

OVERLAY. Zoning requirements that are described in this chapter’s text, are mapped,

and are imposed in addition to those of the underlying district or districts.

OUTSIDE STORAGE. The keeping of inventory, goods, merchandise, and packaging

materials not within an enclosed building.

PARTIALLY NUDE or IN A PARTIALLY NUDE CONDITION. The showing of the

female breast below a horizontal line across the top of the areola at its highest point or the showing

of the male or female buttocks. This definition shall include the entire lower portion of the human

female breast, but shall not include any portion of the cleavage of the human female breast,

exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the

areola is not exposed in whole or in part.

PAVED SURFACE. A durable wearing surface of concrete, bituminous concrete, or

other surface of suitable material and texture which:

(1) Provides a smooth driving surface;

(2) Resists weathering; and

(3) Transmits traffic load to the underlying ground.

PETROLEUM PRODUCTS. Oil, utilized for fuel of any kind, and in any liquid form

including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other waste,

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crude oils, and every other nonedible liquid hydrocarbon regardless of specific gravity. Oil

includes aviation fuel, gasoline, kerosene, light and heavy fuel oils, diesel motor fuels, asphalt,

and crude oils, and liquefied petroleum gases, such as liquefied propane, and any edible oils.

PLANNED COMMERCIAL CENTER (PCC). Three or more retail stores, service

establishments, medical facilities, or other commercial uses designed as a unit and primarily served

by common accessories such as signs, parking lots, and walkways.

PRINCIPAL USE. The primary activities or structures for which a site is used. A

PRINCIPAL USE may be either a permitted use, a conditional use, or a legally existing

nonconforming use.

PROCESSING OPERATIONS. The crushing, polishing, washing, screening,

stockpiling, and customer truck loading of extracted minerals.

PRODUCE STAND. A temporary structure from which to sell fresh fruit, vegetables, and

other farm produce in season, which is grown on the premises.

PUBLICLY OWNED WASTEWATER TREATMENT PLANT. A facility designed and

constructed to receive, treat, and store sewage or sewage combined with other waterborne waste

and which is owned by the state, or a political subdivision or municipal corporation of this state or

owned by another public entity incorporated for the purpose of treating sewage under Md. Code,

Environment Article, §§ 9-601 et seq. or similar statute, if determined similar by the County

Commissioners.

RECREATIONAL VEHICLE. A vehicular-type portable structure without permanent

foundation, which can be towed, hauled, or driven and primarily designed as temporary living

accommodation for recreational, camping, and travel use, including but not limited to travel

trailers, truck campers, camping trailers, and self-propelled motor homes.

RELIGIOUS ESTABLISHMENTS. Churches and other places of worship.

REMAINDER. The portion of a tract remaining after one or all eligible off conveyances

have been created.

REMAINING PORTION. In the “A” District, the land remaining after residential

subdivision lots have been created from a legally established parcel of land through the subdivision

process.

RESIDENTIAL USES. Any single-family, two-family, semi-detached, multi-family,

boarding houses, assisted living, retirement communities, continuum care, and nursing homes.

RESULTING LAND. The land derived from the reduction of lot sizes when clustering

pursuant to Chapter 157, which shall constitute a single lot.

RETIREMENT HOME. A development consisting of one or more buildings designed to

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meet the needs of, and exclusively for, the residences of senior citizens, or age-restricted adult

housing as referenced in Chapter 155.

RETREAT FACILITY. A site used for professional, educational, or religious conclaves,

meetings, conferences, or seminars and which may provide meals, housing, and recreation for

participants during the period of the retreat or program only. Such centers may not be utilized by

the general public for meals or overnight accommodations. Housing for participants may be in

lodges, dormitories, sleeping cabins (with or without baths), or in such other temporary quarters

as may be approved by the BZA, but kitchen and dining facilities shall be located in a single

centrally located building or buildings.

RIDING ACADEMY. An establishment where horses and ponies are boarded and cared

for; where instruction in riding, jumping, and showing may be offered; or where the general public,

for a fee, may hire horses for riding.

ROADSIDE STAND. A structure at which an individual farm sells farm products directly

to the consumers on a farm year round.

ROTOR DIAMETER. The cross-sectional dimension of the circle swept by the rotating

blades.

RURAL VILLAGE. An area designated in the Adopted Carroll County Master Plan and

certified by the State of Maryland as a rural village pursuant to the Smart Growth Act of 1997.

SELF-SERVICE STORAGE FACILITY. A building or group of buildings divided into

multiple, separate, self-contained compartments used to meet the temporary storage needs of

residents and small businesses, and may include climate controlled facilities and accessory outdoor

storage of vehicles. No commercial transactions are permitted other than the rental of storage

units and the ancillary sale of related products.

SENIOR CITIZEN. A person at least 55 years of age.

SETBACK LINE. The line that is the required minimum distance from the street right-

of-way line or any other lot line that establishes the area within which a structure must be erected

or placed.

SEWAGE SLUDGE. The accumulated semiliquid suspension, settled solids, or dried

residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or

not these solids have undergone treatment.

SEWAGE SLUDGE STORAGE. The interim containment of sewage sludge, treated

sewage sludge, or any other product containing these materials after removal from the wastewater

and before disposal or utilization. It does not mean the storage of sewage sludge generated on site

incidental to the operation and as part of a permitted and duly licensed wastewater treatment plant.

SEXUAL ACTIVITIES. Includes nudity or partial nudity, as defined herein, and sexual

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conduct, sexual excitement or sadomasochistic abuse, as defined in Md. Code, Criminal Law

Article, Title 11.

SIGNS. A name, identification, description, display, logo, illustration, or device which is

affixed, stationed, or represented directly or indirectly upon a building, structure, or land and which

directs attention to a product, place, activity, person, institution, or business.

(1) SIGN, ON PREMISES. A sign which directs attention to a business or profession or

to a commodity, service, or entertainment sold or offered upon the premises where the sign is

located.

(2) SIGN, OUTDOOR ADVERTISING. A sign structure which directs attention to a

business, commodity, service, or entertainment not necessarily conducted, sold, or offered upon

the premises where such sign is located.

(3) ARTICULATING SIGN. A sign that consists of triangular prisms placed within a

nonmoving frame and the prisms rotate 120 degrees within the frame at a time and displays a new

message.

SMALL WIND ENERGY SYSTEM. A single-towered wind energy system that:

(1) Is used to generate electricity;

(2) Has a rated nameplate capacity of 50 kilowatts or less; and

(3) Has a total height of 150 feet or less.

SOLAR ENERGY CONVERSION FACILITY. An area arranged and dedicated to the

construction, operation and maintenance of a large scale solar collection system principally used

to capture solar energy and convert it to electrical energy. Large scale solar energy conversion

facilities consist of free-standing ground based or roof mounted collection devices, associated

panels and arrays and/or aggregations of panels and arrays, supporting equipment, including light

reflectors, concentrators, heat exchangers, substations, utility interconnection infrastructure,

electric infrastructure, transmission lines, battery banks and related structures and facilities. In

such instances, the use is considered the “principal” use on the subject property and any other use

on the site shall be subordinate. SOLAR ENERGY CONVERSION FACILITIES are designed

to supply power at the utility level, rather than on-site or to a local user. These facilities are

intended to generate electricity to be sold, for profit, to an electricity market through a regional

transmission organization and an inter-connection with the local utility power grid and/or for direct

distribution.

SOLAR ENERGY CONVERSION FACILITY, ACCESSORY. A solar collection

system consisting of one or more roof and/or ground mounted solar collection devices and

associated supporting equipment that is primarily intended to reduce on-site consumption of utility

power by generating electricity solely for the use and/or benefit of the individual property owner

upon whose property the device is situated. A system is considered an “accessory” facility only

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if it supplies power strictly for on-site use, except that when a property upon which the facility is

situated also receives electrical power supplied by a utility company, incidental excess power

generated, and not immediately utilized for on-site use, may be provided to the utility company in

exchange for a credit.

SPECIAL EVENT. A grand opening, anniversary, holiday sale, or other similar unique

occasion of limited duration as determined by the Zoning Administrator.

STABLE, BOARDING. A structure in which more than 2 horses or ponies are housed,

boarded, or kept for consideration.

STABLE, COMMERCIAL. A boarding stable or a riding academy.

STABLE, PRIVATE. An accessory structure designed for the shelter, feeding, and care

of no more than 5 horses, ponies, cattle, sheep, goats, or other ruminants, maintained on the

property as pets or for domestic use, as distinguished from agricultural or commercial stables.

STEEL MILL. A facility where iron ore is processed into steel.

STORAGE LOT. A lot or portion thereof other than an automobile sales lot held out or

used for the storage or parking of boats, trailers, recreational, motor vehicles, or commercial

vehicles for consideration.

STORAGE MODULE. A self-contained storage unit which can only be delivered to the

site in one piece and which has no chassis.

STORAGE OF UNLICENSED MOTOR VEHICLES. Any property occupied by an

unlicensed vehicle. For the purpose of this section, a “vehicle” shall mean a vehicle of a type which

would be subject to the licensing requirements of the Motor Vehicle Administration if operated on

a public road. “License” and “licensing” as used in this definition shall also be interpreted to mean

“registration” as defined in the Md. Code, Transportation Article.

STORY. The portion of a building included between the surface of any floor and the

surface of the floor next above it or, if there is no floor above it, the space between such floor and

the ceiling next above it.

STREET. Any street existing or which may be approved by the Planning Commission.

The word STREET may also include road, highway, boulevard, avenue, lane, way, circle, court,

or drive.

STRIPTEASE BUSINESS. A commercial establishment where persons appear in a state

of total or partial nudity in person. Such establishment shall, for example, include, but not be

limited to, a restaurant, nightclub, dance club or social hall if such entertainment is provided as an

accessory or principal use. For the purpose of this definition, an establishment which is duly

licensed by the Board of License Commissioners for Carroll County (“Liquor Board”) and which

features striptease dancing, nudity or partial nudity as an accessory use shall not be considered a

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striptease establishment, except that it shall satisfy the setback limitation established for a

STRIPTEASE BUSINESS.

STRUCTURE. Anything constructed, the use of which requires fixed location on the

ground or which is attached to something having such location, but not including fences, power,

gas, water, sewage, or communication lines or poles, towers, or pole structures, sidewalks,

driveways, or curbs. A utility shed is a STRUCTURE whether or not it has a fixed location.

STRUCTURE, PRINCIPAL. A structure in which is conducted the main use of the lot

on which the structure is situated.

SUBSTANTIAL PORTION.

(1) At least 20% of the stock in the establishment or on display consists of matters or

houses devices depicting, describing or relating to sexual activities; or

(2) At least 20% of the usable floor area is used for the display or storage of matters or

devices depicting, describing or relating to sexual activities.

TEMPORARY SIGN. Any sign, banner, pennant, or other advertising display constructed

of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or

without frames, that is or that is intended to be displayed for a limited period of time.

TEMPORARY/SEASONAL USES. Uses which are seasonal and require prior approval

of the Zoning Administrator and shall not consist of any permanent structure(s) and shall be limited

in duration.

TEMPORARY USE. Any use which has been authorized under the provision of this

chapter which is limited as to the time in which such use may legally continue.

TOTAL HEIGHT. The vertical distance from ground level to the tip of a wind generator

blade when the tip is at its highest point.

TOWNHOUSE. One of a group of multi-family dwelling units in the same structure, each

of which units is separated by a party wall from any adjacent unit and each of which dwelling units

has its own entrance directly from the outside.

USABLE FLOOR AREA. The area used for or intended to be used for the sale of

merchandise or services, or for use to serve patrons, clients, or customers. Floor area which is used

or intended to be used principally for the storage or processing of merchandise, for hallways,

stairwells, utilities, bathrooms, or closets shall be excluded from the computation of USABLE

FLOOR AREA.

VARIANCE. A variance is a relaxation of the terms of this chapter, except where

specifically prohibited, in accordance with §§ 158.130(A) and (C) and 158.133(B), where such

variance will not be contrary to the public interest and where, owing to conditions peculiar to the

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property and not the results of the actions of the applicant, a literal enforcement of the chapter

would result in practical difficulty or unreasonable hardship.

VEHICLE REPAIR SHOP. Land or buildings where motor vehicles, trailers, or other

types of equipment are repaired, stored, or equipped for operation including automotive repairs,

body repairs, vehicle painting or spray booths, but not including wrecking, sale, or storage of

junked vehicles.

VEHICLE SALES LOT. Any property arranged, designed, or used for storage and

display of motor vehicles for sale, including but not limited to automobiles, trucks, trailers,

motorcycles, ATVs, boats, and snowmobiles, and where repair work is limited to minor incidental

repair of vehicles displayed for sale on the premises.

VETERINARY FACILITY. An establishment maintained by a licensed veterinarian for

the care, observation, and medical or surgical treatment of animals. Any boarding of animals may

only be during their convalescence and accessory to facility use.

VIABLE RESOURCE AREA (VRA). An area identified as being underlain by a

potentially recoverable mineral resource.

WAREHOUSE. A building or part of a building used or intended to be used primarily for

the storage of goods that are to be sold at retail or wholesale from other premises or sold wholesale

from the same premises; for the storage of goods to be shipped on mail order or internet sales; for

the storage of equipment or materials to be used or installed at other premises by the owner or

operator of the warehouse; or for similar storage purposes. The term WAREHOUSE does not

include a retail establishment whose primary purpose is for the sale of goods stored on the

premises; however, nothing in this definition is meant to exclude purely incidental retail sales in

WAREHOUSES. Further, the term includes a distribution facility, at which storage is minor,

transitory, and merely incidental to the purpose of facilitating order fulfillment and transportation

of goods.

WHOLESALE. The sale of commodities or goods, usually in large quantities, to

distributors or retail outlets for resale to ultimate consumers.

WIND ENERGY SYSTEM. Equipment that converts and then stores or transfers energy

from the wind into usable forms of energy. This equipment includes any base, blade, foundation,

generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire, or other

component used in the system.

WIND ENERGY SYSTEM OWNER. The individual that owns, or intends to own, the

property upon which a small wind energy system will be operated in accordance with this chapter.

WIND GENERATOR. Means blades and associated mechanical and electrical

conversion components mounted on top of the tower.

WIND TOWER. Means the monopole, freestanding, or guyed structure that supports a

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wind generator.

YARD. An open area on the same lot with a principal building(s) which lies between such

building(s) and the lot line and is open and unoccupied from the ground up.

(1) FRONT YARD. A yard extending across the full width of the lot and lying between

the front lot line and the nearest line of the principal building. For the purpose of determining yard

requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered

frontage, and yards shall be provided as required herein, except that not more than one rear yard

shall be required.

(2) REAR YARD. A yard extending across the full width of the lot and lying between

the rear lot line and the nearest line of the principal building.

(3) SIDE YARD. A yard between the side line of the lot and the nearest line of the

principal building and extending from the front yard to the rear yard.

ZONING CERTIFICATE. A written statement issued by the Zoning Administrator,

authorizing buildings, structures, or uses in accordance with the provisions of this chapter.

§ 158.003 EFFECTIVE DATE; APPLICATION WITHIN COUNTY.

This chapter took effect on August 17, 1965, and applies to all lands, buildings, properties,

and their uses within the territorial limits of the county outside of incorporated towns or

municipalities therein.

DISTRICTS ESTABLISHED; MAPS AND BOUNDARIES

§ 158.015 DISTRICTS ESTABLISHED.

For the purpose of these regulations, the unincorporated area of the county is hereby

divided into districts as follows:

Abbreviation

District

Agricultural District

C-1

Commercial Low Intensity District

C-2

Commercial Medium Intensity District

C-3

Commercial High Intensity District

Conservation District

Employment Campus District

Heritage Zoning District

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Abbreviation

District

HDO

Historic District Overlay

I-2

Heavy Industrial District

I-1

Light Industrial District

MHP

Mobile Home Park District

MRO

Mineral Resource Overlay District

R-40,000

Residence District

R-20,000

Residence, Suburban District

R-10,000

Residence, Urban District

R-7,500

Residence, Multi-Family District

§ 158.016 DISTRICT MAPS.

The districts shall be of the number, size, and shape as shown on the Zoning Maps of the

county, and said maps with the necessary symbols, legends, and explanatory matter thereon, are

hereby made and declared to be a part of this chapter. As evidence of the authenticity of said maps,

they shall be signed by the County Commissioners of the county upon the adoption of these

regulations.

§ 158.017 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.

Where uncertainty exists as to the boundaries of districts as shown on the official Zoning

Maps, the following rules shall apply:

(A) Boundaries indicated as approximately following the centerlines of streets, highways,

or alleys shall be construed to follow such centerlines.

(B) Boundaries indicated as approximately following property lines or platted lot lines

shall be construed as following such lines.

following city limits.

(D) Boundaries indicated as following railroad lines shall be construed to be midway

between the main tracks.

(E) Boundaries which are drawn parallel to road lines and which do not coincide with

property lines or lot lines, and where not designated by dimensions, shall be deemed to be 200 feet

back from the nearest road centerline.

(F) Boundaries which are in unsubdivided property or where a district boundary divides

a lot shall be determined by the use of the map scale as shown thereon.

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(G) Where a district boundary line as shown on the Zoning Map or Maps divides a lot

which was in single ownership and of record at the time of enactment of this chapter the use

authorized thereon and the other district requirements applying to the least restricted portion of

such lot under this chapter shall be considered as extending to the entire lot, provided that the more

restricted portion of such lot is entirely within 50 feet of said dividing district boundary line. The

use so extended shall be deemed to be conforming.

GENERAL REGULATIONS

§ 158.030 MINIMUM REGULATIONS; UNIFORM APPLICATION.

The regulations set by this chapter within each district shall be minimum regulations and

shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

§ 158.031 COMPLIANCE REQUIRED.

Except as hereinafter specified, no land, building, structure, or premises shall hereafter be

used, and no building or part thereof or other structure shall be located, erected, reconstructed,

extended, enlarged, converted, or altered except in conformity with the regulations herein specified

for the district in which it is located.

§ 158.032 DEFERRALS.

The submittal, acceptance, review, processing, application for, approval, or decision of any

pending map amendment, plan, Zoning Certificate, building permit, text amendment, development

plan, subdivision plan, site plan, conditional use, variance, rezoning or other amendments or

actions under this chapter may be temporarily postponed or deferred by ordinance approved by the

County Commissioners, when in the discretion of the County Commissioners, the deferral of any

such plan amendment or planning study or community investment plan or project or amendment

thereto may promote orderly zoning, planning, and subdivision within the county and the outcome

of which amendment, study, program, or project may substantially affect applications under

consideration or which may be submitted.

§ 158.033 NONCONFORMING USES.

Any building, structure, premises, or use lawfully existing at the time of the adoption of

this chapter, or lawfully existing at the time this chapter is amended, may continue to be used even

though such building, structure or premises does not conform to use or dimensional regulations of

the zoning district in which it is located; subject, however, to the following provisions:

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(A) Extension, expansion, or alteration of nonconforming use. The Zoning

Administrator may, subject to §§ 155.059 and 158.130, authorize the extension or expansion of a

nonconforming use or the alteration of a nonconforming structure, with or without conditions,

provided that:

(1) Any changes or additions to the activities taking place in connection with the

nonconforming use will not change the use in any substantial way.

(2) Extension or expansion limits:

(a) A structure or use that was rendered nonconforming for failure to comply

with bulk requirements may not exceed 50% of the gross floor area of structures or 50% of the

gross acreage of the use above that which legally existed at the time the use first became

nonconforming or above that which was approved by the Zoning Administrator or Board of Zoning

Appeals as of October 30, 2015.

(b) All other nonconforming use extension or expansions shall be limited to

10% of the gross floor area of structures or 10% of the gross acreage of the use above that which

legally existed at the time the use first became nonconforming or above that which was approved

by the Zoning Administrator or Board of Zoning Appeals as of October 30, 2015.

(3) Any such extension or expansion may not increase residential density beyond

that which is permitted by the zoning provisions of the zoning district in which the subject

extension or expansion is located, or beyond that which existed at the time the subject

nonconforming use became nonconforming, with the exception of attached accessory dwelling

units that are permitted in the zoning district.

(4) The outdoor land area occupied by a nonconforming use may be enlarged only

to provide additional parking area or to comply with an order of the Carroll County Health

Department to improve, replace, or expand a well or septic area.

(5) An expansion would not exacerbate an existing bulk requirement

nonconformity or create a new violation of the bulk requirements for the zoning district in which

the property is located;

(6) The extension, expansion, or structural alteration would not cause an adverse

effect on neighboring properties.

(7) Any request for an extension, expansion, or alteration that exceeds these criteria

shall be forwarded and heard by the BZA.

(8) The Zoning Administrator may waive the hearing provisions of this section for

structural alterations that would expand or extend a structure that is presently a nonconformity

solely on the basis of failure to satisfy one or more dimensional requirements if the proposed

expansion or extension does not exacerbate nor create new bulk requirement violations, and so

long as the proposed alteration does not exceed 50% of the footprint of the existing structure.

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(B) Extension, expansion, or alteration of nonconforming use. The BZA may, subject

to §§ 155.059 and 158.133, authorize the extension or expansion of a nonconforming use or the

alteration of a nonconforming structure, with or without conditions, provided that:

(1) Any changes or additions to the activities taking place in connection with the

nonconforming use will not change the use in any substantial way.

(2) Extension or expansion limits:

(a) A structure or use that was rendered nonconforming for failure to comply

with bulk requirements may not exceed 100% of the gross floor area of structures or 100% of the

gross acreage of the use above that which legally existed at the time the use first became

nonconforming, or above that which was approved by the Zoning Administrator or Board of

Zoning Appeals as of October 30, 2015.

(b) All other nonconforming use extension or expansions shall be limited to

50% of the gross floor area of structures or 50% of the gross acreage of the use above that which

legally existed at the time the use first became nonconforming, or above that which was approved

by the Zoning Administrator or Board of Zoning Appeals as of October 30, 2015.

(3) Any such extension or expansion may not increase residential density beyond

that which is permitted by the zoning provisions of the zoning district in which the subject

extension or expansion is located, or beyond that which existed at the time the subject

nonconforming use became nonconforming, with the exception of attached accessory dwelling

units that are permitted in the zoning district.

(4) The outdoor land area occupied by a nonconforming use may be enlarged only

to provide additional parking area or to comply with an order of the Carroll County Health

Department to improve, replace, or expand a well or septic area.

(5) An expansion would not exacerbate an existing bulk requirement

nonconformity or create a new violation of the bulk requirements for the zoning district in which

the property is located.

(6) The extension, expansion, or structural alteration would not cause an adverse

effect on neighboring properties.

premises may, with approval of the BZA, subject to § 158.133(G), be changed to another

nonconforming use which in the opinion of the BZA is of the same or a more appropriate use or

classification unless the use is specifically prohibited in the district. The use need not meet the

bulk requirements, except for minimum lot area, of the underlying zoning district; however, it shall

meet all other requirements of the County Code, including any requirement of the Carroll County

Health Department. In the case of a nonconforming junkyard operation, the BZA may. based on

specific findings of fact, decide upon an application filed by the land owner as to whether a

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relocation of a nonconforming junkyard operation, either in whole or in part, to another location

on the immediate property or to a location on an adjoining property, constitutes a suitable

substitution of use which has substantially less adverse impact to the general public and adjoining

property. In granting any such relocation as herein provided, the BZA shall attach such conditions

or requirements as it may deem necessary to protect the public interest, the adjoining property

owners, and the intent and purpose of this chapter.

(D) A nonconforming use may not be changed to another nonconforming use if the new

nonconforming use would require structural alterations or require greater outdoor area to conduct

the use or provide parking.

(E) No building, structure, or premises where a nonconforming use has ceased for 24

months or more, unless otherwise extended as herein provided, shall thereafter be used except in

conformance with this chapter. Prior to the expiration of such 12-month period after the

nonconforming use ceases, the owner of the property may make application to the Zoning

Administrator for an extension of time for such use. The Zoning Administrator may extend such

period for a reasonable time, up to 12 months, upon a finding that the property is either under

active restoration, being offered for sale, involved with obtaining governmental approvals or other

good cause as demonstrated by the owner. If the Zoning Administrator grants an extension, such

extension shall be for at least 30 days, which shall run from the date of the written decision of the

Zoning Administrator. If the Zoning Administrator denies such extension for any reason other than

the failure to make a timely request, the owner shall be deemed to have an extension for 30 days

from the date of such written denial.

(F) The owner or operator of any existing nonconforming use involving used car lots,

service garages, or junkyards shall, not later than April 17, 1966, certify in writing, on a prescribed

form, to the office of the Zoning Administrator, that such nonconforming use did exist on the

adoption date of this chapter. In order that the exact nature and extent of such nonconforming use

may be determined, a survey plat prepared by a professional engineer or registered surveyor shall

accompany any prescribed form. The survey shall include the following:

(1) North arrow;

(2) Scale: one inch equal to 100 feet;

(3) Election district;

(4) Outline of parcel or parcels upon which the nonconforming use is located;

(5) Bearings, distances, and acreage of that portion of the parcel or parcels expressly

used for the nonconforming use on the effective date of this chapter;

(6) Use, dimensions, and location of all existing buildings; and

(7) Certification and seal of professional engineer or registered surveyor.

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(G) Nothing in these regulations shall prevent the restoration of a nonconforming building

or structure destroyed by fire, windstorm, flood, explosion, act of public enemy or accident, or

prevent the continuance of the use thereof as it existed at the time of such destruction, provided

that a zoning certificate is obtained and restoration begun within one year of such destruction,

unless otherwise extended by the Zoning Administrator as provided for in division (E) above.

(H) The factual existence of a nonconforming use may be certified by the Zoning

Administrator, upon review of an application filed by the property owner.

(1) The application shall contain the following:

(a) A statement and plans or other illustrations fully describing the magnitude

and extent of the nonconforming use;

(b) A statement identifying the date the use became nonconforming to the use

or dimensional requirements of this chapter;

nonconforming and clearly demonstrating the continued and uninterrupted use or operation thereof

from the specified date to the time of filing the application. The burden shall be on the property

owner to establish the existence of the nonconforming use; and

(d) A listing of all adjoining property owners.

(2) Whenever the Zoning Administrator issues a notice of violation alleging the

illegal use of the property, the property owner may raise as a defense the fact that the alleged illegal

use is a nonconforming use provided the property owner submits an application to certify the

nonconforming status of the use pursuant to this division (H).

(3) Applications for certification of a nonconforming use shall be heard in

accordance with § 158.130(G) and (H).

(4) The decision of the Zoning Administrator is appealable in accordance with §

158.133.

(I) A decision of the Zoning Administrator or BZA approving an extension, expansion,

or alteration of a nonconforming use shall become void unless a building permit conforming to the

plans for which the approval was granted is obtained within 6 months, and substantial construction

in accordance therewith is completed within one year from the date of the written decision. An

approval for which a building permit is not required shall become void unless the extension,

expansion, or alteration is implemented within one year from the date of the written decision. If

the decision is appealed, the time period shall be measured from the date of the last decision. An

extension to these dates may be granted by the BZA for good cause.

§ 158.034 USES PROHIBITED UNDER OTHER COUNTY OR STATE LAWS.

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Any existing or proposed use which is determined to be in conflict with any existing

ordinance or laws of the county or law or regulation of this state or other governmental agency

shall be prohibited, even though such use may be allowed under the terms of this chapter.

§ 158.035 AGRICULTURAL USES.

Except for compliance with yard requirements and distance requirements set forth in §

158.040, nothing in this chapter shall prohibit the use of land for agricultural purposes or the

construction or use of buildings or structures incident to the use for agricultural purposes of the

land on which such buildings or structures are located.

§ 158.036 PRIVATE KENNELS.

A private kennel as defined in § 158.002 may be permitted as an accessory use to a

residential dwelling unit in any zoning district upon approval of the Zoning Administrator after a

public hearing in accordance with § 158.130(G).

§ 158.037 USE OF SAME YARD SPACE FOR MORE THAN ONE BUILDING

PROHIBITED.

No part of a minimum required yard or other open space provided for any building or

structure for the purpose of complying with the provisions of this chapter shall be included as part

of a minimum required yard or other open space required under this chapter for another building

or structure.

§ 158.038 MAJOR ROAD PLANS.

In an area where a major road plan has been duly adopted in accordance with Md. Code,

Land Use Article, showing a proposed new highway or street or a proposed relocation or widening

of an existing highway or street, no building or part of a building shall be permitted to be erected

within the lines of such proposed highway or street except as provided hereinafter:

(A) The Zoning Administrator shall issue a Zoning Certificate for such construction as

applied for, provided that the State Highway Administration, the Carroll County Bureau of Roads,

Operations, or its successor agency, or appropriate authority, upon and within 30 days of written

notice thereof does not reaffirm and substantiate its plans to provide such construction in

accordance with the major road plan.

(B) The owner of the property so affected shall, following the expiration time of such

written notice, have the right to appeal to the BZA the refusal of a Zoning Certificate, and the BZA

may give approval to build if it should find, after public hearing, and upon the evidence and

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arguments presented to it upon such appeal, that:

(1) The entire property of the appellant of which the area affected by the major road

plan forms a part cannot yield a reasonable return to the owner unless such appeal is granted; and

(2) Balancing the interest of the general public in preserving the integrity of the plan

and the interest of the owner of the property in the use and benefits of the property, the granting of

such permit is required by consideration of reasonable justice and equity.

§ 158.039 UTILITY EQUIPMENT AND TOWERS.

(A) Allowed uses. The following uses, exclusive of communications towers, are allowed

in any district and are exempt from lot area, lot width, and yard requirements: overhead electric

and telephone lines; underground utility lines and distributing equipment; conduits; vaults;

pipeline laterals; mains; traffic signals; telephone booths and pedestals; sewerage pumping

stations; sewerage treatment plants; water filtration plants; reservoirs; the structures in which these

uses are housed; and other similar installations and equipment or accessories of public utility

nature. However, the plans for overhead electric transmission lines of 69 kilovolts or more, cross-

country telephone trunk lines, or a transmission pipeline shall be submitted before the beginning

of construction to the Planning Commission for its review and approval, based upon consistency

with the Master Plan.

(B) Conditional uses. The following uses, exclusive of communications towers, shall

be conditional uses in all zoning districts: buildings, yards, stations or substations for transforming,

boosting, switching, or pumping purposes where such facilities are constructed above ground; and

telephone exchanges.

(1) Communications towers are prohibited in all Residence Districts, the H District,

and the MHP District.

(2) Communications towers are permitted as a conditional use in the A District and

in the C District subject to the conditions and exceptions noted hereafter, imposed elsewhere in

this division (C), imposed elsewhere in this chapter, imposed elsewhere by law, and subject to the

following:

(a) A minimum setback of a distance equaling the height of the tower. The

setback shall be measured from the base of the tower to the boundary line of the property owned,

leased, or controlled by easement by the applicant;

(b) Subject to a minimum distance requirement of a distance equaling the

height of the tower plus 200 feet from all Residence Districts, the H District, and the MHP District

or the nearest part of any existing dwelling, school, religious establishment, or institution for

human care, in any other district;

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distance equaling 2 times the height of the tower and all masts; and

(d) Subject to site plan approval by the Planning Commission pursuant to §

155.059.

(3) Communications towers and tower complexes are permitted as a principal

permitted use in the C-2 and C-3 Districts, and as a conditional use in the C-1 and Employment

Campus Districts, subject to the conditions and exceptions noted hereafter, imposed elsewhere in

this subsection, imposed elsewhere in this chapter, imposed elsewhere by law, and subject to the

following:

(a) A minimum setback of a distance equaling the height of the tower. The

setback shall be measured from the base of the tower to the boundary line of the property owned,

leased, or controlled by easement by the applicant;

(b) Subject to a minimum distance requirement of a distance equaling the

height of the tower plus 200 feet from all Residence Districts, the H District, and the MHP District

or the nearest part of any existing dwelling, school, religious establishment, or institution for

human care, in any other district;

distance equaling 2 times the height of the tower and all masts; and

(d) Subject to site plan approval by the Planning Commission pursuant to §

155.059.

(4) Communications towers and tower complexes are permitted as a principal

permitted use in the Industrial Districts subject to the conditions and exceptions noted hereafter,

imposed elsewhere in this division (C), imposed elsewhere in this chapter, imposed elsewhere by

law, and subject to the following:

(a) A minimum setback of a distance equaling twice the height of the towers.

The setback shall be measured from the base of the tower to the boundary line of the property

owned, leased, or controlled by easement by the applicant;

(b) Subject to a minimum distance requirement of a distance equaling twice

the height of the tower plus 200 feet from all Residence Districts, the H District, and the MHP

District or the nearest part of any existing dwelling, school, religious establishment, or institution

for human care, in any other district;

distance equaling 2 times the height of the tower and all masts; and

(d) Subject to site plan approval by the Planning Commission pursuant to §

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155.059.

(5) Communications towers erected on existing structures other than

communications towers shall be allowed in any district, provided that the height of the tower does

not exceed one-third of the height of the existing structure and the total height of the existing

structure and tower does not exceed 200 feet.

(6) The issuance of permit is as follows:

(a) No permit to construct a communications tower may be issued unless the

applicant demonstrates to the Zoning Administrator or, where applicable, to the BZA, need for the

tower and that the applicant has exhausted all alternatives to constructing a tower. To that end,

before an application may be accepted, applicants are required to submit a written location analysis

detailing need for the tower. The location analysis shall be reviewed by a qualified firm,

corporation, or person chosen by the county as a telecommunications consultant. The consultant

shall be selected competitively, and fees shall be reasonable and commensurate with time spent on

the review. The entire fee of the county’s consultant for the review shall be paid by the applicant.

To ensure timely completion of the review, the applicant shall submit all information requested by

the county or its consultant. Evidence submitted to demonstrate that no existing tower, structure,

or alternative technology can accommodate the applicant’s proposed antenna may consist of any

of the following:

1. No existing towers or structures are located within the geographic

area which meet the applicant’s engineering requirements;

2. Existing towers or structures are not of sufficient height to meet the

applicant’s engineering requirements;

3. Existing towers or structures do not have sufficient structural strength

to support the applicant’s proposed antenna and related equipment;

4. The applicant’s proposed antenna would cause electromagnetic

interference with the antenna on the existing towers or structures or the antenna on the existing

towers or structures would cause interference with the applicant’s proposed antenna;

5. The fees, costs, or contractual provisions required by the owner in

order to share an existing tower or structure or to adapt an existing tower or structure for sharing

are unreasonable. Costs exceeding new tower development are presumed to be unreasonable;

6. The applicant demonstrates that there are other limiting factors that

render existing towers and structures unsuitable; and

7. The applicant demonstrates that an alternative technology that does

not require the use of towers or structures, such as a cable microcell network using multiple low-

powered transmitters/receivers attached to a wire-line system, is unsuitable. Costs of alternative

technology that exceed new tower or antenna development shall not be presumed to render the

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technology unsuitable.

(b) Upon receipt of all information requested by the county and the

completion of the review of the location analysis, an application shall be accepted for processing

by the county. In the event of a disagreement as to need for the tower after a complete exchange

of all information between the applicant and the county, the BZA shall rule on this issue at the

hearing on the application.

(7) An application for a Zoning Certificate for a communications tower must be

accompanied by an affidavit from the applicant stating that space on the proposed tower will be

made available to future users, when possible.

(8) Except as required by the Federal Aviation Administration or other federal or

state agencies, no tower may use artificial lighting or strobe lighting at night.

(9) An applicant for a Zoning Certificate for a communications tower must

execute an agreement with the county, in a form legally sufficient to the county, requiring the

removal of the tower within 6 months after the tower ceases to function as a communications

tower.

(10) In reviewing any application or site plan under this section, among other

things, an agency shall consider the extent to which the proposed use seeks to:

(a) Minimize adverse visual effects of towers through careful design, siting,

and vegetative screening;

(b) Avoid potential damage to adjacent properties from tower failure and

falling ice through engineering and careful siting of tower structures;

(d) Maximize the use of new communications transmission towers in order

to reduce the number of towers needed; and

(e) Demonstrate that comparable sites are not available in nonresidential or

rural areas, where the use is proposed in a residential or conservation zone when otherwise

protected from residential development.

(11) The Zoning Administrator, BZA, and the Planning Commission may refer

any application to appropriate agencies for comments.

(D) Additional provisions. The provisions of this section shall be subject to §§ 158.049

and 158.071(C)(9).

(E) Conveyor systems.

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(1) Conveyor systems shall be a principal permitted use in I-2 and I-1 Industrial

Zoning Districts and A District and shall be a conditional use in all other zoning districts, except

for Residential Districts. In considering an application for a conditional use, and in considering

site plan approval, the BZA and Planning Commission shall consider whether the proposed

conveyor system is more beneficial to the community at large than alternative systems for the

transportation of materials, for example, railroad, or truck transportation. In comparing the

proposed conveyor system to alternative transportation systems, the BZA and Planning

Commission may consider the following factors:

(a) Noise, dust control, odors, air emissions, and compliance with current

environmental regulations;

(b) Traffic congestion and wear and tear on public infrastructure;

(d) Any of the limitations, guides, and standards contained in § 158.133(G).

(2) Except in industrially zoned areas, conveyor systems shall be underground at

all road crossings.

(3) Conveyor systems are exempt from lot area, lot width, setback and yard

requirements, except for separation distance requirements described in division (E)(4) below.

(4) Separation distance requirements are as follows:

(a) In A and C Districts, the conveyor system shall be located the greater of 3

times its height above ground; or 150 feet from any existing residential structure or from a property

line in any Residential District;

(b) This division (E)(4) supersedes the distance requirements of § 158.040;

and

to permitted residential structures which are constructed after the date of conditional use approval

or site plan approval.

(5) The maximum decibel level caused by the operation of the conveyor system

at any receiving property line shall not exceed 65 dBA during daytime hours and 55 dBA during

nighttime hours as those terms are defined in § 93.02 of the County Code.

(6) Conveyor systems shall be subject to site plan approval in accordance with §

155.059. The Planning Commission may impose additional requirements as necessary to preserve

human health, safety, and welfare, and may consider design, siting, and vegetative screening to

minimize adverse effects.

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§ 158.040 DISTANCE REQUIREMENTS.

(A) Any uses or buildings subject to compliance with this section, as referenced in §

158.082(A), shall be located at least 200 feet from:

(1) Any lot in a Residence District.

(2) Any lot of less than 3 acres in the A District which is:

(a) occupied by a dwelling not located on the same lot as the said use or

buildings, or

(b) for which a residential lot has been recorded, or

(3) Any lot occupied by a school, religious establishment, or institution for human

care; and

(4) On adjoining lots of 3 acres or more, minimum separation distance of 300 feet

from dwellings shall be required.

(B) The following uses shall be subject to 2 times the distance requirement in subsection

(A), above:

(1) Coal yard;

(2) Cooperage works;

(3) Crematory;

(4) Electric generating power plant;

(5) Facility for the dispensing of medical cannabis;

(6) Flour and grain milling;

(7) Heavy manufacturing;

(8) Indoor contractors’ equipment storage yard;

(9) Indoor growing of medical cannabis;

(10) Indoor processing of medical cannabis; and

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(11) Steel mill.

(A) above:

(1) Above ground petroleum products storage (2,000 gallons or greater);

(2) Bituminous concrete mixing plant;

(3) Commercial sawmill;

(4) Concrete and ceramic products manufacture;

(5) Concrete or asphalt recycling;

(6) Oil-contaminated soil facility;

(7) Outdoor contractors’ equipment storage yard;

(8) Solid waste acceptance facility; and

(9) Truck or motor vehicle freight terminal.

(D) The following uses shall be subject to 4 times the distance requirement in subsection

(A) above, and shall be located not less than 1,000 feet from any Residence District:

(1) Acid or heavy chemical manufacturing;

(2) Airport;

(3) Blast furnace, boiler works, foundry;

(4) Cement, lime, gypsum manufacturing;

(5) Distillation of bones, fat rendering, grease, lard or tallow manufacturing;

(6) Explosive manufacturing or storage;

(7) Fertilizer, potash, insecticide, glue, size, or gelatin manufacture;

(8) Junkyard;

(9) Outdoor trap, skeet, rifle, or archery ranges, including gun clubs;

(10) Petroleum products refining; and

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(11) Slaughterhouse.

§ 158.041 LOCATING ANCILLARY FACILITIES.

The following uses, when accessory to an authorized conditional or principal permitted

use, may be located in a district different from that in which the authorized conditional or principal

permitted use is located:

(A) SWM facilities;

(B) Septic systems;

(D) Sediment control devices and permanent drainage structures;

(E) Water storage facilities for fire protection;

(F) Berms for sight or noise abatement; and

(G) Parking facilities and driveways.

§ 158.042 TRAFFIC VISIBILITY ACROSS CORNER LOTS.

On any corner lot, no fence, structure, or planting that would interfere with traffic visibility

across the corner shall be erected or maintained within 20 feet of the intersection of the road right-

of-way.

§ 158.043 TRAFFIC VISIBILITY ENTERING PUBLICLY MAINTAINED ROADS.

(A) A property owner or tenant of the property shall not maintain or erect a fence, wall,

mailbox, hedge, tree, shrubbery, vines, weeds, plantings, etc., on private property at or near any

existing access point or proposed access point to publicly maintained roads which causes an

obstruction to vision for motorists entering publicly maintained roads.

(B) The Zoning Administrator shall determine, in conjunction with the Carroll County

Bureau of Roads Operations, or its successor agency, whether an object constitutes an obstruction

to vision.

which is determined to be an obstruction to vision, this section shall supersede § 158.033.

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§ 158.044 MEASUREMENT OF FRONT YARD DEPTH.

(A) Each front yard (setback) shall be measured at right angles or radially from the nearest

street right-of-way line (front property line) where the right-of-way of any existing street is 50 feet

in width in the case of a local or minor type street, or 60 feet in width in the case of any designated

county collector or major street. Where the respective right-of-way widths of the above type streets

are less, or where there may be doubt as to the width of the right-of-way, the minimum front yard

depth or setback line shall be determined by adding the distances specified below to the minimum

front yard requirement, and measuring from the centerline of the type of road involved:

(1) All local or minor streets, add 25 feet; and

(2) County collector or major streets, add 30 feet.

(B) In any district where a lot abuts a state highway, the minimum front yard otherwise

required for any building where less than 100 feet shall be increased by an amount specified by

the State Highway Administration, as would reflect and allow for future official widening and

right-of-way lines, if applicable.

§ 158.045 PRINCIPAL DWELLINGS.

In any district where a dwelling is permitted, only one principal dwelling shall be permitted

on any lot, as defined under § 158.002, except as may be otherwise provided for in this chapter for

two-family, multi-family, and accessory dwellings.

§ 158.046 GAME MACHINES AS ACCESSORY USE.

In any commercial establishment or public facility, no more than 4 game machines may be

permitted as an accessory use, and at any circus, carnival, or similar transient use, an unlimited

number of game machines may be permitted as an accessory use.

§ 158.047 TEMPORARY ZONING CERTIFICATES.

The Zoning Administrator may issue a Temporary Zoning Certificate for any use in any

district based on hardship resulting from the destruction of any existing building or structure by

fire, wind storm, flood, explosion, or act of public enemy or accident. Any such use established

under this section on property that is zoned for such use shall not establish any basis for a

permanent change to the zoning classification.

§ 158.048 TEMPORARY/SEASONAL USES.

(A) Temporary and other uses, subject to approval by the Zoning Administrator, shall be

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as follows:

(1) Carnivals and fairs sponsored by a nonprofit organization, a volunteer fire

company, or charitable, social, civic, or educational organization. Such use shall operate for a

period of time not to exceed 10 days per event, and shall not be held more than once in any 30-day

period at the same location;

(2) Seasonal sales of items, including but not limited to Christmas trees, pumpkins,

plants, flowers, or other decorative plant materials;

(3) Stands for snowballs and similar confections:

(a) The floor area of the structure shall be no greater than 150 square feet;

(b) The use shall operate only between April 1 and October 1;

(d) Setback requirements are the same as in the underlying zoning district;

(e) Except for seating, there shall be no outside storage of materials or

equipment except as approved by the Zoning Administrator;

(f) An annual Zoning Certificate for the use shall be obtained and approved

each year by the Zoning Administrator prior to the beginning of operation and sales, based upon

compliance with the requirements listed above. The Zoning Certificate application shall include a

plot plan showing the location and dimensions of structures, parking areas, and points of access;

and

(g) Notwithstanding the provisions of § 158.033, all stands shall meet the

requirements of this section.

(4) Sidewalk sales;

(5) Produce stands of a seasonal nature;

(6) Temporary shelter for commercial displays, sales, and services.

(a) The uses may include all commercial displays, sales, and services

permitted in the respective business and industrial zones for promotional displays or sales, seasonal

activities, fireworks, truckload sales of products, sidewalk sales, and demonstration of products in

a parking lot;

(b) The shelter may include a trailer or tent; and

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determined by the Zoning Administrator.

(7) Farmer’s market or flea market.

(a) The Zoning Certificate shall only be issued for 30 days for a flea market

and no more than 120 days for a farmer’s market in any one calendar year;

(b) Stalls, sales tables, and any other facilities related to the farmer’s or flea

market shall be located at least 25 feet from any abutting street. If located within a parking lot, the

facilities shall be located so as to provide sufficient parking facilities for the patrons; and

all existing improvements on the property, off street parking areas and driveways (including traffic

control patterns), and the specific area (dimensioned) of the property to be occupied by the farmer’s

or flea market.

(8) Dumpsters and other self-contained portable storage containers may be used

in conjunction with a residential property for 60 days with up to 2 60-day extensions for good

cause, for no more than 6 months in any calendar year.

(9) Farm alcohol producer events or activities, subject to the provisions

of 158.070(aa)(13) and (14).

(B) The Zoning Administrator may revoke the Zoning Certificate for a temporary use if

the use constitutes a nuisance because of noise, traffic, trash, or other cause.

Administrator may approve signs for temporary and other uses listed in division (A) above.

§ 158.049 COUNTY PUBLIC BUILDINGS, STRUCTURES, AND USES.

Notwithstanding anything herein to the contrary, uses of land, buildings, structures, or

premises by the County Commissioners, including the location, erection, reconstruction,

extension, enlargement, conversion, or alteration of buildings or structures or parts thereof may be

located in any district as principal permitted uses and exempt from all subdivision regulations and

bulk requirements. However, no land, building, structure, or premises owned or leased by the

County Commissioners may be used without the approval of the County Planning Commission

pursuant to Md. Code, Land Use Article, § 3.205.

§ 158.050 COMPLIANCE WITH LANDSCAPE ORDINANCE.

(A) No Zoning Certificate may be issued for any use of property hereafter started or for

any change of use hereafter made or for any nonconforming use presently existing which hereafter

expands or intensifies unless in compliance with Chapter 157 of the Code.

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(B) Where a use is required to comply with § 155.059, failure to maintain the property in

compliance with Chapter 157 shall be prohibited, and each day the property fails to comply shall

be treated as a separate violation of this chapter.

to comply with Chapter 157 and the provisions of this chapter.

§ 158.051 SEWAGE SLUDGE STORAGE.

(A) The storage of sewage sludge is allowed in any district at a publicly owned

wastewater treatment plant as an accessory use to the treatment of sewage, septage, or other wastes.

(B) The storage of pelletized or granular dried sewage sludge, or any derivative thereof,

is allowed in any district as a principal permitted use certified by the Zoning Administrator under

the following specific conditions:

(1) The pelletized or granular dried sewage sludge to be stored shall be of a Class A

grade as defined by the federal Environmental Protection Agency (EPA) or equivalent definition

by the Maryland Department of the Environment (MDE);

(2) The pelletized or granular dried sewage sludge storage facility shall possess all

valid and necessary state and federal permits for the storage, handling, and transportation of

pelletized or granular dried sewage sludge;

(3) The pelletized or granular dried sewage sludge storage facility shall be a closed

contained system with adequate fire suppression;

(4) The pelletized or granular dried sewage sludge storage facility shall have

adequate ventilation for air exchange to maintain appropriate worker protection and filtration for

fine particulate and other potential airborne emissions for external venting of internal air; and

(5) The quantity of pelletized or granular dried sewage sludge stored shall be

reported to the Zoning Administrator on a monthly basis.

above.

(D) (1) Land application of sewage sludge, if properly permitted by the MDE, is allowed

as an agricultural use; provided, however, that the application of sewage sludge shall be subject to

the distance requirements of § 158.040. The Zoning Administrator may reduce the distance

requirements of § 158.040 to that buffer distance authorized by the MDE, if to do so would not

adversely affect the adjoining property affected thereby, in the sound discretion of the Zoning

Administrator.

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(2) The storage of sewage sludge is not accessory to the application of sewage

sludge.

§ 158.052 STAFF HOUSING FOR GROUP HOMES.

Within a dwelling used as a group home, a separate living quarters for staff may be

established as an accessory use.

§ 158.053 TEMPORARY REAL ESTATE SALES OFFICE.

A temporary real estate sales office for the sale of lots in the subdivision where it is located

is authorized to be used in any zone under the following conditions:

(A) The office shall be located on a lot approved for that purpose by the Zoning

Administrator.

(B) The sales office is housed in a modular office unit that has been approved by the state.

approve a one-year extension.

(D) The use shall not be established until a plan that includes landscaping has been

approved by the Zoning Administrator.

(E) Structures approved under this section are subject to the yard requirements for

dwellings in the zoning district in which the lot is located.

(F) In subdivisions that have multiple builders or developers there may be one sales office

for each builder or developer who has a right through ownership or contract to develop eight or

more lots at the time the builder or developer seeks to locate a temporary sales office on the site.

§ 158.054 COMMUNICATIONS TOWERS.

No communications tower permitted under § 158.039 or structure that is permitted under

§ 158.130(E) shall be erected, altered, or maintained at a height in excess of the applicable

limitations established in Federal Aviation Regulation (FAR) 77, Objects Affecting Navigable

Airspace for the Carroll County Regional Airport. These area and height limitations are delineated

on a map generated for the Airport Manager entitled “Federal Airport Regulation (FAR) Part 77

Surfaces Approach Area (Proposed),” dated November, 1999 as may be amended and consisting

of one sheet and shall be kept on file with the Airport Manager or his or her successor.

§ 158.055 RENTAL OF CERTAIN DWELLING UNITS.

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All tenant houses, in-law apartments, attached accessory dwelling units or detached

accessory dwelling units existing as of November 28, 2000, are granted relief from the zoning

restrictions preventing rental of the unit. These units may be rented upon receipt of a Zoning

Certificate, a use and occupancy certificate, and demonstrated compliance with Chapter 171,

Livability Code.

§ 158.056 OUTDOOR PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL

PROPERTY.

(A) For the purposes of this section, commercial vehicle shall mean a motorized vehicle

of 10,000 pounds or more gross vehicle weight or capability, a trailer capable of gross vehicle

weight of 10,000 pounds or more, or a trailer which may be used for commercial purposes. Motor

homes, recreational vehicles, and school buses owned or operated by the resident shall not be

deemed commercial vehicles under this chapter.

(B) Parking of one commercial vehicle shall be permitted as an accessory use to a single-

family dwelling residential use upon a lot of one acre or less subject to the following requirements:

(1) The commercial vehicle must be actively used by a full-time resident of the

single-family dwelling;

(2) The commercial vehicle shall be parked completely within the boundary lines of

the lot on which the single-family dwelling exists; and

(3) The commercial vehicle shall not be parked in a way which blocks adequate

sight distance for persons entering or exiting any public or private road and shall not be parked

closer than 15 feet to the limit of a public right-of-way.

to a residential use upon a lot greater than one acre subject to the following requirements:

(1) The commercial vehicles must be actively used by a full-time resident of the

dwelling;

(2) The commercial vehicles shall be parked completely within the boundary lines

of the lot on which the residential use exists; and

(3) The commercial vehicles shall not be parked in a way which blocks adequate

sight distance for persons entering or exiting any public or private road and shall not be parked

closer than 15 feet to the limit of a public right-of-way.

(D) Outside the Residence zones, parking of no more than 5 commercial vehicles shall be

allowed as an accessory use to a residential use upon lots of 10 acres or more subject to the

following requirements:

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(1) The commercial vehicles must be actively used or owned by a full-time resident

of the dwelling;

(2) The commercial vehicles shall be parked completely within the boundary lines

of the lot on which the residential use exists;

(3) The commercial vehicles shall not be parked in a way that blocks adequate sight

distance for persons entering or exiting any public or private road and shall be parked no closer

than 15 feet to the limit of a public right-of-way; and

(4) No more than 2 of the commercial vehicles shall be visible from the nearest

public road or visible from the first floor of a residence on any adjoining property.

(E) Parking and storage of vehicles in any building is not intended to be limited by this

chapter.

§ 158.057 OUTDOOR STORAGE OF UNLICENSED VEHICLES.

(A) For the purposes of this chapter, an unlicensed vehicle shall mean a vehicle previously

licensed or required to be licensed to operate upon the public roads in this state, excluding mobile

homes.

(B) One unlicensed vehicle shall be permitted as an accessory use to a residential dwelling

upon a lot of 3 acres or less.

residential dwelling upon a lot greater than 3 acres and less than 20 acres.

(D) No more than 4 unlicensed vehicles shall be permitted as an accessory use to a

residential dwelling upon lots of 20 acres or more, provided no more than 2 of the unlicensed

vehicles shall be visible from the nearest public road or visible from the first floor of a residence

on any adjoining property.

(E) Parking and storage of vehicles in buildings is not intended to be limited by this

section.

(F) This section shall not be construed as authorizing a junkyard.

(G) Nothing in this section authorizes unsafe or unsanitary storage of an unlicensed

vehicle or storage which otherwise violates environmental or other laws.

§ 158.058 SUBDIVISION OF LAND; EXPIRATION OF PRELIMINARY PLANS.

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A preliminary plan of subdivision shall become void in accordance with § 155.056. A

decision of the Director of the Department of Land and Resource Management, or its successor

agency, to grant an extension to the expiration of a preliminary plan may be appealed to the BZA

in accordance with § 158.133.

§ 158.059 MEDICAL CANNABIS.

Uses related to the growing, processing, or dispensing of medical cannabis shall comply

with the following requirements:

(A) The outdoor growing of medical cannabis is prohibited in all districts.

(B) All lighting, including security lighting required by COMAR 10.62.10.05, shall

comply with Carroll County site plan requirements as specified in § 155.059.

to § 155.059.

(D) No variances from the requirements of this section or the distance requirements set

forth in § 158.040 shall be granted.

§ 158.060 MEASUREMENT OF SEPARATION OR DISTANCE BETWEEN USES.

When measuring a required separation between uses, distance shall be determined from the

nearest point of the structure occupied by the use requiring separation to the nearest point of the

boundary of the lot from which the separation is to be established. For the purpose of computing

the distance from a multi-tenant building or site, any distance requirement shall be measured from

the perimeter of the use and not from the entire building or site. In the case of an outdoor principal

or accessory use requiring separation from another use, distance shall be measured from the nearest

point of the outdoor use to the nearest point of the boundary of the lot from which the separation

is to be established.

DISTRICTS

§ 158.070 A AGRICULTURAL DISTRICT.

(A) Purpose. The purpose of the A District is to provide for continued farming activities,

conserve agricultural land, and reaffirm agricultural use, activities, and operations as the preferred

dominant use of the land within the district, except in an area designated MR within the MRO

where mineral resource recovery is also a preferred use. While relatively small existing hamlets,

villages, and residential communities appear within, as do occasional dwellings, and other uses,

the district is primarily composed of lands which, by virtue of their highly productive soils, rolling

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topography, and natural beauty, are the very essence of the county’s farming heritage and

character. A substantial portion of the residential development in the county has previously taken

place in the A District. This has the effect of taking agricultural land out of production and creating

a demand for public facilities and services (roads, water and sewerage, schools, and police and fire

protection) in areas where provision for such additional services and facilities is not consistent

with the purpose of the A District. The intent of this section is to recognize the need for and

appropriateness of very limited residential development in the A District, but to prohibit residential

development of a more extensive nature. It is the further purpose of this district to maintain and

promote the open character of this land as well as to promote the continuance and viability of the

farming and agribusiness uses.

(B) Applicability. The following regulations and the applicable regulations contained in

other sections shall apply in the A District.

agricultural operations shall be permitted at any time, including the operation of farm machinery,

and no agricultural use shall be subject to restriction because it interferes with other uses permitted

in the district. Compliance with §§ 150.55 through 150.59, Right to Farm, is required.

(D) Principal permitted uses. Principal permitted uses shall be as follows:

(1) Agriculture, as defined in § 158.002, including commercial or noncommercial

nurseries and greenhouses, and provided that any greenhouse heating plant, or any building or

feeding pens in which farm animals are kept, shall comply with the distance requirements specified

in § 158.040;

(2) Religious establishments;

(3) Circus, carnival, or similar transient enterprise, provided that such use shall not

exceed 10 days at any one time, and does not include any permanent structures;

(4) Single-family and two-family dwellings;

(5) Recreation areas and centers (public or private noncommercial), including

country clubs, swimming pools, golf courses, and summer camps;

(6) Forests and wildlife preserves and similar conservation areas including publicly

owned or private parks of a nonprofit nature;

(7) Riding academies, boarding stables, subject to the distance requirements

specified in § 158.040;

(8) Reserved.

(9) Schools and colleges, including nursery schools or day care centers;

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(10) Public buildings, structures, and properties of the recreational, cultural,

administrative, or public service type, including fire, ambulance, or rescue services;

(11) Temporary buildings which may be used incidental to construction work upon

compliance with the requirements of the Carroll County Health Department, but shall be removed

upon the completion or abandonment of the construction work;

(12) Veterinary clinics or animal hospitals, but not including any exercising runway,

provided that any structure or area used for such purposes shall be at least 2 times the distance

requirements specified in § 158.040;

(13) Conversion of buildings existing prior to August 17, 1965, to accommodate not

more than 2 families, provided that any such use shall have a minimum lot area of one acre; and

(14) Mineral resource recovery operations in any areas shown and designated as

within a MRO on the Zoning Maps of the county as from time to time adopted or amended, subject

to the requirements of § 158.096 and as defined by § 158.002 and subject to the limitations and

requirements of this chapter.

(E) Conditional uses requiring BZA authorization.

(1) Conditional uses requiring BZA authorization shall be as follows:

(a) Airports or airfields, public or private, subject to approval by the Maryland

Aviation Administration, provided such uses shall comply with at least 5 times the distance

requirements of § 158.040;

(b) Cemeteries, mausoleums, or memorial gardens;

comprising no more than 43,560 square feet and which shall comply with at least twice the distance

requirements of § 158.040;

(d) Shops for the service, repair, and sale of farm machinery and farm

equipment, including welding, but which are limited exclusively to the sale, service, and repair of

farm machinery and farm equipment; and blacksmith shops. The uses authorized herein shall

comply with at least twice the distance requirements of § 158.040;

(e) Extractive-type industries, subject to the requirements of § 158.096. As part

of an application to the BZA, the same information required to be provided to the County

Commissioners, specified under § 155.090(B) shall be provided;

(f) Fairgrounds and race tracks or courses for the conduct of seasonal or

periodic meets of horses, dogs, aircraft, automobiles, motorcycles, off-road vehicles, etc., provided

that such uses shall be subject to 3 times the distance requirements specified in § 158.040; and

provided further that such uses shall require the filing of an environmental site delineation prepared

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in accordance with Chapter 155 to demonstrate how use, maintenance, and activities will be

conducted and operated so as not to adversely affect the natural resources;

(g) Farms for raising of animals for experimental or other purposes, such as

rats, rabbits, mice, monkeys, etc., and fur farms, provided that such uses shall be subject to 3 times

the distance requirements specified in § 158.040;

(h) Food processing and packing plants, wineries, slaughterhouses, and plants

for the processing of animal by-products, provided that such use shall be located 3 times the

distance requirements specified in § 158.040;

(i) Commercial kennels or animal hospitals with runways, provided that such

use shall be subject to the distance requirements specified in § 158.040, except that where the

kennel involves more than 10 dogs, the distance requirement shall be 2 times the requirements

specified in § 158.040;

(j) Livestock sales yards and buildings, subject to a minimum of 10 acres being

provided, and provided that such buildings or use shall be subject to 4 times the distance

requirements specified in § 158.040 and a front yard of 400 feet is provided for any use pertaining

thereto;

(k) Commercial swimming pools, parks, recreational areas, and golf ranges,

provided that such use shall be 2 times the distance requirements specified in § 158.040, and

commercial camping areas, subject to the requirements of § 158.098;

(l) Trap, skeet, rifle, or archery ranges, including gun clubs, provided that such

use shall be 5 times the distance requirements specified in § 158.040 and all safety standards of

county, state, and federal agencies are observed;

(m) Garden supply centers, including the sale of small or light garden supplies,

equipment and tools, customary and incidental to the sale of garden plants and nursery stock; and

including the sale of woodburning stoves, fireplaces, and their accessories;

(n) Liquid and/or dry fertilizer storage and/or sales;

(o) Commercial feed and grain mills and dryers; and farm seed distribution and

storage facilities;

(p) Agricultural research laboratories and facilities on a minimum lot of 25

acres; however, the lot may be reduced, provided that the BZA finds the nature and scale of the

operation can be appropriately accommodated and further provided that a site development plan

shall be approved by the Commission;

(q) Storage lot for commercial vehicles, not to include truck or motor freight

terminals, provided that the BZA shall have the authority to limit the number of vehicles based on

the considerations enumerated in § 158.133(G), and provided that the BZA determines sufficient

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space is available to park the vehicles without disturbance to neighboring properties.

Notwithstanding the area requirements of § 158.070(H), the BZA may consider applications on

sites of less than 3 acres;

(r) Nursing homes, continuing care retirement communities and assisted-living

facilities, subject to prior concept site development plan and traffic study review and determination

of density, exterior design, and site layout by the Planning Commission;

(s) Bed-and-breakfast (subject to § 158.071(D)(6));

(t) Country inn (subject to § 158.071(D)(7));

(u) Retreat or conference centers as defined in § 158.002, provided that a site

development plan shall be approved by the Planning Commission, and subject to the following:

1. The use shall be located on a property of not less than 5 acres;

2. All buildings and housing shall be located not less than 100 feet from

adjoining property;

3. Such use shall be designed so as to preserve the maximum amount of

land for agricultural purposes; and

4. The BZA may limit the maximum occupancy of the site based on such

factors as its proximity to a public water supply and adequacy of the access to the site.

(v) Rubble landfills subject to the following requirements, conditions, and

limitations:

1. The use shall not be allowed unless authorized by valid permits issued

by all governmental agencies which require a permit for any part of the activity or use performed;

2. Unless a valid close out permit has been issued and maintained for the

site, termination or revocation of any permit required by the preceding section terminates any

authority granted hereunder and constitutes a violation of this chapter;

3. This use shall be subject to § 155.059;

4. This use shall be subject to 5 times the distance requirements of §

158.040; and

5. Prior to beginning to use any property for this use, the owner shall enter

into an indenture with the County Commissioners which guarantees that all of the requirements of

this chapter and any permit required to conduct the use are met and further guarantees that the cost

of eliminating any nuisance created by the rubble landfill, including fires, shall be borne by the

property owner, and the owner shall provide a bond or other suitable guaranty to the County

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Commissioners (in the discretion of the County Commissioners) to ensure the proper use of the

property and performance of the covenants contained in the indenture. For purposes of this section,

the County Commissioners may include any provisions in the indenture it deems necessary to

protect the health, safety, and welfare of the people of the county, and the County Commissioners

shall be the sole arbiters of what constitutes a nuisance.

(w) Manufacture of mulch, including processing, storage, and sale at retail and

wholesale, provided that a site development plan shall be approved by the Commission, and

subject to the following conditions:

1. The use shall not be located within 600 feet from any property line;

2. The use shall be shown by the owner not to adversely affect the

quantity or quality of groundwater or surface waters, or be otherwise detrimental to neighboring

properties;

3. The BZA may limit the maximum occupancy of the site based on

factors, including but not limited to the proximity to a public water supply and adequacy of access

of the site;

4. The BZA may require an environmental impact study based on the

scale of the project and on the recommendation of technical staff;

5. The BZA shall limit the hours and days of operations; and

6. No Zoning Certificate shall be issued until documentation of all

necessary permits or exemptions from state and county agencies are presented to the Zoning

Administrator.

(x) Research laboratories and facilities conducting bioscience research

through clinical and preclinical testing on animals, plants, or foods for the purpose of developing

products which are technically, scientifically, or clinically useful, subject to the following

requirements:

1. Such uses shall be located on a minimum lot of 25 acres;

2. The use shall be subject to a front, rear, or side yard of 200 feet, unless

the use includes any exterior animal holding or living areas including kennels with or without runs,

pens, corrals, barns or sheds, then the use shall be subject to a front, rear, or side yard of 400 feet;

3. Such uses may not exceed a classification of Biosafety Level (BSL) 2

as that term is defined by the Centers for Disease Control (CDC) as of May 1, 2004;

4. Such uses shall comply with the following certifications that apply to

the testing and research being performed on site if recommended or mandatory for the industry

including but not limited to: United States Food and Drug Administration (FDA), Association for

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Assessment and Accreditation of Laboratory Animal Care International (AAALAC), National

Institute of Health Office of Laboratory Animal Welfare (OLAW), United States Department of

Agriculture (USDA), United States Drug Enforcement Agency (DEA), United States

Environmental Protection Agency (EPA), and the United States Nuclear Regulatory Commission

(NRC) and all other similar industry standards, laws, and regulations in effect; and

5. Such uses must meet all applicable Carroll County Health Department

regulations and standards.

(y) Funeral establishments;

(z) Crematoria; and

(aa) Farm alcohol producer, subject to the following requirements,

conditions, and limitations:

1. The primary use of the property shall continue to be agricultural in

nature and any commercial aspects of this use shall not be used solely to warrant or justify the

assignment of future land use designations or rezoning petitions.

2. A farm alcohol producer must have a valid Class 4 Limited Winery,

Class 8 Farm Brewery, or Class 1 Distillery Maryland alcohol manufacturer license, or as may be

amended.

3. The alcoholic beverage shall be manufactured with an ingredient

from a Carroll County agricultural product produced on the licensed farm. If Maryland Department

of Agriculture determines for the calendar year that an insufficient supply of Maryland agricultural

products exist, a farm alcohol producer may use agricultural products from outside Carroll County

or outside the state to manufacture its alcohol products.

4. The farm alcohol producer may purchase bulk beverage fermented,

brewed, or distilled by a licensed alcohol manufacturer and blend the beverage with the farm

alcohol producer’s alcoholic beverage, if the aggregate purchase does not exceed 25% of the farm

alcohol producer’s annual beverage production.

5. All associated structures shall be subject to a 200-foot front, rear, and

side yard setback. Parking must be consistent with Chapter 155, Development and Subdivision of

Land, Parking Space Requirements.

6. Accessory uses at the farm alcohol producer are permitted, as

outlined in § 158.070(F)(23). The floor area for beverage tasting, sales of alcohol produced on-site

or other non-alcoholic beverages, accessory food sales related to the beverage tasting, and retail

sales facility for sale of novelty and gift items related to the beverage shall not exceed the on-site

floor area being used for production and storage of such beverage. Sales of non-agricultural

products shall be limited to no more than 25% of the floor area of the entire retail sales facility.

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7. Tours and tastings means tours of the farm alcohol producer and/or

tastings of beverages produced by the farm alcohol producer during the operating hours prescribed

in the license. The farm alcohol producer may serve food in conjunction with tours and tastings,

provided:

A. All advertising to the public is only for tours and/or tastings;

B. The amount and type of food is intended to be secondary and

complementary to the alcohol as part of the tours and tastings; and

C. The food arrives at the establishment ready for service or in a

state generally ready for consumption.

8. Storage of beverages produced on the property is allowed.

9. A Health Department food service license is required if food is

served.

10. Health Department approval for water supply and wastewater

disposal systems is required. For farm alcohol producer facilities served by individual on-site

sewage disposal systems (OSDS), the OSDS must provide adequate treatment and hydraulic

capacity for the proposed or intended use.

11. Approval is required from the Bureau of Permits and Inspections

for the use of any structures by the public, including sanitation facilities, as outlined in Chapter

170, Construction Codes.

12. All vehicles parked must be parked on an approved property and

may not be parked on public roads or rights-of-way.

13. Any on-site event or activity at a farm alcohol producer that is

expected to exceed site plan approval is considered a temporary/seasonal use and shall obtain a

temporary zoning certificate from the Zoning Administrator by submitting a simplified application

form as prescribed by the Zoning Administrator.

14. Those events or activities which require a temporary zoning

certificate are subject to the following additional conditions and requirements:

A. The event or activity is intended to assist in the sale and direct

marketing of alcoholic beverages produced by a Carroll County farm alcohol producer;

B. The event or activity must be clearly incidental, related, and

subordinate to the farm alcohol producer’s agricultural farming product and must be consistent

with state manufacturing license requirements;

C. The event or activity must comply with the provisions of

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Chapter 93, Nuisances, Noise;

D. The event or activity requires a temporary zoning certificate

subject to the provisions of §§ 158.047 and 158.048 and must be consistent with state

manufacturing license requirements. Multiple events may be approved under one temporary

zoning certificate. Modifications and additions to an approved temporary zoning certificate may

occur with the prior approval of the Zoning Administrator;

E. A temporary food permit license must be approved by the

Health Department; and

F. Approval of a zoning certificate for a temporary use will be

determined on a case-by-case basis depending on individual site conditions and the applicant’s

demonstration that potential impacts to neighboring properties will be adequately addressed and

minimized, including, but not limited to, access and traffic impacts, off-street parking, availability

of water and sanitation facilities, and anticipated noise levels. The Zoning Administrator may

revoke the temporary zoning certificate for a temporary/seasonal use if the use constitutes a

nuisance because of noise, traffic, trash, or other cause.

15. Banquet and meeting facilities.

A. The BZA may also authorize, in conjunction with a farm

alcohol producer, facilities and catering for private events, such as banquets, weddings, receptions,

and reunions.

B. Events at these facilities shall not be open to the public.

C. Food must be provided and served by a licensed caterer.

D. Site plan approval is required.

16. No variances of the above requirements may be granted, with the

exception of those provisions specified in § 158.130(F), Application; limits.

(F) Accessory uses. Accessory uses shall be as follows:

(1) Accessory buildings and uses customarily incidental to any principal permitted

use or authorized conditional use, including mobile homes subject to the applicable provisions of

§ 158.150;

(2) Home occupation, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(3) Keeping of not more than 4 roomers or boarders by a resident owner;

(4) Business signs, subject to the provisions of §§ 158.110 through 158.115;

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(5) One private stable as regulated in § 158.071(E)(2);

(6) Saddlery and tack shop on the premises of any riding academy, boarding stable

or horse farms;

(7) In conjunction with contractor’s equipment storage, the storage of building

materials which are to be used by the contractor and which are not otherwise for sale;

(8) Storage modules may be used in conjunction with an approved business use of

the property, provided that:

(a) On property of less than 10 acres the storage module shall be subject to the

following standards:

1. The maximum size shall be eight feet by 24 feet.

2. The exterior surface shall be painted and kept in good repair.

3. The storage module shall be vented where needed for safety purposes.

4. The storage module shall be screened from adjacent roadway and from

residences on adjoining properties.

(b) On property of 10 acres or more, the storage module shall be subject to the

following standards:

1. The exterior surface shall be painted and kept in good repair.

2. The storage module shall be vented where needed for safety purposes.

3. The storage module shall be screened from adjacent roadway and from

residences on adjoining properties.

(9) Outdoor parking of commercial vehicles and outdoor storage of unlicensed

vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;

(10) Family day care, subject to Zoning Administrator approval after a public hearing

in accordance with § 158.130(G);

(11) Attached accessory dwelling units which are subject to the following:

(a) An attached accessory dwelling must have direct access from the outside;

(b) Only one attached accessory dwelling is permitted on any principal

dwelling unit;

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attached accessory dwelling unit on the property;

(d) The maximum size of an attached accessory dwelling shall be 800 square

feet of the livable floor area or one-third of the total livable floor area of the principal dwelling

unit, whichever is greater;

(e) The attached accessory dwelling unit shall have no more than 2 bedrooms;

(f) The attached accessory dwelling unit must meet all applicable building

construction and Maryland Department of Health and Mental Hygiene and MDE;

(g) Two additional off street parking spaces must be provided for the attached

accessory dwelling unit; and

(h) Only one accessory dwelling unit (attached or detached) shall be permitted

on a lot.

(12) Detached accessory dwelling units, provided that the lot or parcel is either

eligible to be subdivided to separate the detached accessory dwelling or subject to an agricultural

land preservation easement, and which are subject to the following:

(a) Only one detached accessory dwelling unit is permitted on any lot or parcel.

Buildings converted in accordance with § 158.070(D) shall be considered detached accessory

dwelling units;

(b) The property owner must occupy either the principal dwelling unit or the

detached accessory dwelling unit on the lot or parcel;

construction and Maryland Department of Health and Mental Hygiene and MDE;

(d) Two off street parking spaces must be provided for the detached accessory

dwelling unit; and

(e) Detached accessory dwelling units shall not be subject to any size limits.

(13) Antique and arts and crafts shops, in conjunction with a residence or farming

operation, subject to Zoning Administrator approval after a public hearing in accordance with §

158.130(G);

(14) Beauty parlors and barbershops, in conjunction with a residence, subject to

Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(15) Roadside stands for the sale of fresh fruits, vegetables, and other farm products,

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subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(16) Offices to conduct mail order and catalog-type operations where operated by a

resident of the property, provided that no inventory or merchandise is kept on the premises for sale

(except samples, etc.), and provided that the Zoning Administrator may approve no more than 2

nonresident employees, subject to Zoning Administrator approval after a public hearing in

accordance with § 158.130(G);

(17) Dance studios, when conducted within a dwelling by a resident, subject to

Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(18) Cottage industry, provided that it is conducted within the dwelling or within an

accessory building which does not exceed 2,000 square feet in area, subject to Zoning

Administrator approval after a public hearing in accordance with § 158.130(G);

(19) Within a dwelling, the professional office of a physician, insurance agent,

realtor, or other profession determined by the Zoning Administrator to be similar in use and

characteristics, subject to Zoning Administrator approval after a public hearing in accordance with

§ 158.130(G);

(20) Lawn care and maintenance service, subject to Zoning Administrator approval

after a public hearing in accordance with § 158.130(G);

(21) The above or below ground storage of not greater than 2,000 gallons, in

aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to

Chapter 170 of the Carroll County Code and all applicable Maryland Department of the

Environment (MDE) and National Fire Protection Association (NFPA) regulations;

(22) Above-ground petroleum storage exceeding 2,000 gallons but less than 50,000

gallons, in aggregate capacity, provided however, that no individual container may exceed 30,000

gallons. These petroleum products may not be sold at retail or wholesale, and shall be subject to

the following:

(a) 100 feet of separation from all existing or proposed residential dwellings

on the same property;

(b) Setback requirements as specified by NFPA, but not less than 100 feet

from all property lines;

(d) Compliance with all state and NFPA regulations; and

(e) No variances of the above requirements may be granted.

(23) Subject to the provisions of § 158.040, accessory sawmills on lots greater than

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5 acres in conjunction with the storage and processing of forest products, as well as the storage of

finished products, provided, however, that any such operation be limited to a total average daily

output of 2,500 board feet, that timber deliveries of logs and trees be limited to one truck or trailer

load per day, that the total footprint of any such operation be limited to 2 acres, and further, that

hours of operation be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to

noon on Saturdays. The setback and lot size requirements set forth herein shall not be subject to

variance.

(24) When associated with a farm alcohol producer:

(a) Tasting rooms;

(b) Accessory food sales to accompany the beverage tasting;

beverage;

(d) Sales of beverages produced on-site;

(e) Guided tours; and

(f) Promotional activities.

(G) Height regulations. Except as provided in § 158.130(E), no building or structure or

part thereof shall be constructed or extended to exceed 2 ½ stories or a height of 35 feet. The height

limit for accessory buildings shall be 2 stories, but not over 25 feet.

(H) Bulk requirements. The following minimum requirements shall apply, except as

hereinafter modified in § 158.130:

(1) Dwellings, schools, etc.

Use

Lot Area

Lot

Width

(feet)

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

Antique or beauty shops, barbershops

or arts and craft shops

20,000 sq.

ft.

100

Conversion apartments

1 acre

150

Dwelling

1 acre

150

Nursery schools; day centers

20,000 sq.

ft.

100

Religious establishments

2 acres

200

100

Schools:

Elementary

5 acres

400

150

100

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Use

Lot Area

Lot

Width

(feet)

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

High

10 acres

500

150

100

Colleges

15 acres

500

150

100

Other principal permitted or

conditional uses

3 acres

200

(2) Nursing homes and assisted living facilities.

Use

Lot

Area

Lot

Width

(feet)

Density

Front Yard

Depth

(feet)

Side Yard Width

(each side yard)

(feet)

Rear Yard

Depth

(feet)

Nursing homes,

assisted living facilities

acres

150

1 bed/ 3,000

sq. ft.

50 min.

40 min.

50 min.

For those areas in excess of 180,000 square feet, the determination of the density factor will be made by

the Commission and the Health Department upon the review and approval of the site development plan.

As lot area increases above minimum of 45,000 square feet, increased provision for front, side, and rear

yards shall be determined by the Planning Commission and the Carroll County Health Department based

on the site development plan.

§ 158.071 C CONSERVATION DISTRICT.

(A) Purpose. The purpose of the C District is to prescribe a zoning category for those

areas where, because of natural geographic factors and existing land uses, it is considered feasible

and desirable to conserve open spaces, water supply sources, woodland areas, wildlife, and other

natural resources. This district may include extensive steeply sloped areas, stream valleys, water

supply sources, and wooded areas adjacent thereto.

(B) Applicability. The following regulations and the applicable regulations contained in

other articles shall apply in the C District.

(1) Agriculture, as defined in § 158.002, provided that any greenhouse heating plant

or any building or feeding pens in which farm animals are kept shall comply with the distance

requirements specified in § 158.040;

(2) Forests and forestation and wildlife preserves;

(3) Publicly owned or private parks of a nonprofit nature, including campgrounds,

riding trails, summer or winter resort areas, hunting, fishing, or country clubs, game preserves and

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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similar uses for the purpose of preserving and enjoying the natural resources of the property;

(4) Water supply works, flood control or watershed protection works, and fish and

game hatcheries;

(5) Single-family dwellings;

(6) Schools and colleges, subject to the approval of a site development plan by the

County Planning Commission;

(7) Conversion of buildings, existing prior to August 17, 1965, to accommodate not

more than 2 families;

(8) Public buildings, structures, and properties of the recreational, cultural, or

administrative type; or public service-type buildings or properties, including fire, ambulance, or

rescue services;

(9) Cable television (CATV) facilities of any person, firm, or corporation which is

franchised by the County Commissioners to provide cable television services within the county

subject to site plan approval by the Planning Commission; and

(10) Golf courses subject to site plan review under § 155.059 and the filing of a

professionally prepared environmental impact plan demonstrating how use, maintenance, and

activities will be conducted and operated so as to not adversely affect the natural resources and

comply with water resources protection standards as may be adopted by the county.

(D) Conditional uses requiring BZA authorization.

(1) Trap, skeet, rifle, or archery range, including gun clubs, provided that such use

shall be 5 times the distance requirement specified in § 158.040;

(2) Veterinary clinics, animal hospitals, or kennels with or without runways,

provided that the minimum area is 10 acres for any of the aforesaid uses, and provided that any

structure or area used for such purposes shall be subject to twice the distance requirement as

specified in § 158.040, except that a kennel for 10 dogs or less shall require a minimum of 5 acres

and shall be subject to the distance requirements of § 158.040;

(3) Cemeteries, mausoleums, and memorial gardens;

(4) Religious establishments;

(5) Landscaping service (and the storage of vehicles in connection therewith) in

conjunction with a nursery operation on the same premises, provided that:

(a) The minimum tract size shall be 20 acres;

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(b) The storage of vehicles and other equipment shall be subject to 2 times the

distance requirements of § 158.040, and the maximum size of such storage yard shall not exceed

3 acres; and

(6) Bed-and-breakfast inn, subject to the following minimum conditions:

(a) The primary use of the structure and property shall be residential;

(b) Interior residential features shall be retained in a manner which allow

reconversion to a residential use;

(d) Parking shall be provided on site with one additional space required for each

room that is available to be rented;

(e) 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;

(f) Meals shall be served only to customers who are actually using the bed-and-

breakfast accommodations overnight, nonpaying residents, or their bona fide guests;

(g) No more than one nonresident person may be employed on the premises; and

(h) A bed-and-breakfast shall not have any sign or other evidence of its use

except one sign not exceeding 2 feet by 3 feet in area, which may be double-faced and illuminated.

(7) Country inn, subject to the following conditions:

(a) Individual rooms which are rented by paying occupants shall not contain

cooking facilities;

(b) Unless owner-occupied, the manager must reside on the premises;

public streets and adjoining properties. The BZA may require additional screening in its discretion

in such form as it deems appropriate considering the proximity of the site to adjoining properties

or the public street. In addition to any requirements otherwise contained in this chapter, one

parking space shall be provided for each room that is available to be rented;

(d) Except as provided for by division (D)(7)(g) below, meals shall be served

only to customers who are actually using the country inn accommodations overnight, nonpaying

residents, or their bona fide guests;

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(e) In addition to providing meals as allowed hereunder, the BZA may authorize

a country inn to provide facilities and catering for banquets, weddings, receptions, reunions, and

similar one-day events. These events shall not be open to the public;

(f) A country inn shall not be authorized on any lot of less than 3 acres; and

(g) A country inn shall not have a sign in excess of 2 feet by 3 feet in area, which

may be double-faced and illuminated.

(8) Retreat or conference centers as defined in § 158.002, provided that a site

development plan shall be approved by the Planning Commission, and subject to the following:

(a) The use shall be located on a property of not less than 5 acres;

(b) All buildings and housing shall be located not less than 100 feet from

adjoining property; and

factors as its proximity to a public water supply and adequacy of the access to the site.

(9) Dance studios, when conducted within a dwelling by a resident thereof;

(10) Blacksmith shops and shops for the service and repair of and sale of farm

machinery and farm equipment, subject to the following conditions and limitations:

(a) The use is limited to the sale, service, and repair of farm machinery and farm

equipment, including welding;

(b) The use shall not occupy more than one acre;

(d) The person using the property shall obtain prior to filing an application for

this use a certification from the appropriate county agency, as determined by the Zoning

Administrator, that the use will have no detrimental effect on an existing or proposed water supply.

(11) Nursing homes, continuing care retirement communities, and assisted-living

facilities, all subject to prior concept site development plan and traffic study review and

determination of density, exterior design, and site layout by the Planning Commission; and

(12) Farm alcohol producers, provided that such use shall be subject to a front, rear,

and side yard setback of 200 feet. Farm alcohol producer shall be subject to the same conditions

and requirements outlined under § 158.070(E)(1)(aa), Agricultural District, conditional uses

requiring BZA authorization.

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(E) Accessory uses. Accessory uses shall be as follows:

(1) Accessory buildings and uses customarily incidental to any principal permitted

use or authorized conditional use, including mobile homes subject to the applicable provisions of

§ 158.150;

(2) One private stable as defined in § 158.002 in a rear yard on a lot or tract of 3

acres or more. A private stable shall be located a minimum of 75 feet from all property lines;

(3) Saddlery and tack shop on the premises of any riding academy, boarding stable,

or horse farm;

(4) Storage modules may be used in conjunction with an approved business use of

the property, provided that:

(a) On property of less than 10 acres, the storage module shall be subject to

the following standards:

1. The maximum size shall be 8 feet by 24 feet;

2. The exterior surface shall be painted and kept in good repair;

3. The storage module shall be vented where needed for safety purposes;

and

4. The storage module shall be screened from any adjacent roadway and

from residences on adjoining properties.

(b) On property of 10 acres or more, the storage module shall be subject to the

following standards:

1. The exterior surface shall be painted and kept in good repair;

2. The storage module shall be vented where needed for safety

purposes; and

3. The storage module shall be screened from any adjacent roadway

and from residences on adjoining properties.

(5) Outdoor parking of commercial vehicles and outdoor storage of unlicensed

vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;

(6) Attached accessory dwelling units which are subject to the following:

(a) An attached accessory dwelling must have direct access from the outside;

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(b) Only one attached accessory dwelling is permitted on any principal

dwelling unit;

attached accessory dwelling unit on the property;

(d) The maximum size of an attached accessory dwelling shall be 800 square

feet of the livable floor area or one-third of the total livable floor area of the principal dwelling

unit, whichever is greater;

(e) The attached accessory dwelling unit shall have no more than 2 bedrooms;

(f) The attached accessory dwelling unit must meet all applicable building

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(g) Two additional off street parking spaces must be provided for the attached

accessory dwelling unit; and

(h) Only one accessory dwelling unit (attached or detached) shall be

permitted on a lot.

(7) Detached accessory dwelling units, provided that the lot or parcel is eligible to

be subdivided to separate the detached accessory dwelling and which are subject to the following:

(a) Only one attached or detached accessory dwelling unit is permitted on

any lot or parcel. Buildings converted in accordance with § 158.071(C)(7) shall be considered

detached accessory dwelling units;

(b) The property owner must occupy either the principal dwelling unit or the

detached dwelling unit on the lot or parcel;

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(d) Two off street parking spaces must be provided for the detached

accessory dwelling unit; and

(e) Detached accessory dwelling units shall not be subject to any size limits.

(8) Home occupation, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(9) Family day care, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(10) Antique shops, barbershops, or beauty parlors, in conjunction with a

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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residence or farm, subject to Zoning Administrator approval after a public hearing in accordance

with § 158.130(G);

(11) Within a dwelling, the professional office of a physician, insurance agent,

realtor, or other profession determined by the Zoning Administrator to be similar in use and

characteristics, subject to Zoning Administrator approval after a public hearing in accordance with

§ 158.130(G);

(12) Lawn care and maintenance service, subject to Zoning Administrator

approval after a public hearing in accordance with § 158.130(G).

(13) The above or below ground storage of not greater than 2,000 gallons, in

aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to

Chapter 170 of the Carroll County Code and all applicable MDE and NFPA regulations.

(14) When associated with a farm alcohol producer:

(a) Tasting rooms;

(b) Accessory food sales to accompany the beverage tasting;

beverage;

(d) Sales of beverages produced on-site;

(e) Guided tours; and

(f) Promotional activities.

(F) Height regulations. Except on farms and except as provided in § 158.130(E), no

building or structure shall exceed 2 ½ stories or 35 feet.

(G) Bulk requirements.

(1) Dimensions. The following minimum requirements shall apply as hereinafter

modified in § 158.130:

Use

Lot Area

Lot Width

(feet)

Front Yard

(feet)

Side Yard

(feet)

Rear Yard

(feet)

CATV facilities

3 acres

200

Dwellings*

3 acres

300

Other uses

5 acres

300

100

*Requirements only apply to off conveyances and nonclustered subdivisions.

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(2) Nursing homes and assisted living facilities.

Use

Lot

Area

Lot

Width

(feet)

Density

Front Yard

Depth

(feet)

Side Yard Width

(Each Side yard)

(feet)

Rear Yard

Depth

(feet)

Nursing homes,

assisted living facilities

acres

150

1 bed/ 3,000

sq. ft.

50 min.

40 min.

50 min.

For those areas in excess of 180,000 square feet, the determination of the density factor will be made by

the Planning Commission and the Carroll County Health Department upon the review and approval of the

site development plan.

As lot area increases above minimum of 45,000 square feet, increased provision for front, side, and rear

yards shall be determined by the Planning Commission and the Carroll County Health Department based

on the site development plan.

§ 158.072 R-40,000 RESIDENCE DISTRICT.

(A) Purpose. The purpose of the R-40,000 Residence District is to provide a location for

single-family residential development, the individual lots of which contain a minimum of 40,000

square feet. This district is generally not intended to be served with public water or sewerage

facilities although in special situations, it may be. The district would generally coincide with areas

designated for low-density residential development on the Master Plan.

(B) Applicability. The following regulations including the applicable regulations of

other articles shall apply in the R-40,000 Residence District.

(1) Agriculture, as defined in § 158.002, provided that any building or feeding pens

in which farm animals are kept shall comply with distance requirements specified in § 158.040;

(2) Religious establishments, schools, and colleges;

(3) Single-family dwellings;

(4) Buildings and properties of a cultural, civic, educational, social, or community

service type such as libraries, ponds, playgrounds, community centers, but not warehouses, service

garages, and storage yards; and

(5) Conversion of a building existing prior to August 17, 1965, to accommodate 2

families; provided that all applicable building construction and Maryland Department of Health

and Mental Hygiene and MDE Codes are complied with.

(D) Conditional uses requiring BZA authorization. Conditional uses requiring BZA

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authorization are as follows:

(1) Nursery schools or day care centers;

(2) Golf courses, country clubs, and similar recreational uses privately owned and/or

operated;

(3) Nursing homes, retirement homes, continuing care retirement communities and

assisted-living facilities, hospitals (Class A), medical and dental clinics, subject to prior concept

site development plan and traffic study review and determination of density, exterior design, and

site layout by the Planning Commission;

(4) Bed-and-breakfast (subject to § 158.071(D)(6));

(5) Country inn (subject to § 158.071(D)(7)); and

(6) Landscaping service (and the storage of vehicles in connection therewith) in

conjunction with a nursery operation on the same premises, provided that:

(a) The minimum tract size shall be 50 contiguous acres;

(b) The storage of vehicles and other equipment shall be subject to 2 times the

distance requirements of § 158.040, and the maximum size of such storage yard shall not exceed

3 acres;

the area to be utilized and any distance requirements applicable; and

(d) Any division of the property described in the required site plan is prohibited.

(E) Accessory uses. Accessory uses shall be as follows:

(1) Accessory buildings and uses customarily incidental to any principal permitted

use or authorized conditional use, including a mobile home used in connection with an interim

agricultural use, subject to the provisions of § 158.150(B);

(2) Home occupation, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(3) Existing cemeteries, when accessory to a religious establishment;

(4) Swimming pools, tennis, and other similar courts when accessory to a residence;

(5) The keeping of not more than 4 roomers or boarders by a resident owner;

(6) One private stable as regulated in § 158.071(E)(2);

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(7) Outdoor parking of commercial vehicles and outdoor storage of unlicensed

vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;

(8) Attached accessory dwelling units which are subject to the following:

(a) An attached accessory dwelling must have direct access from the outside;

(b) Only one attached accessory dwelling is permitted on any principal

dwelling unit;

attached accessory dwelling unit on the property;

(d) The maximum size of an attached accessory dwelling shall be 800 square

feet of the livable floor area or one-third of the total livable floor area of the principal dwelling

unit, whichever is greater;

(e) The attached accessory dwelling unit shall have no more than 2 bedrooms;

(f) The attached accessory dwelling unit must meet all applicable building

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(g) Two additional off street parking spaces must be provided for the attached

accessory dwelling unit; and

(h) Only one accessory dwelling unit (attached or detached) shall be permitted

on a lot.

(9) Detached accessory dwelling units, provided that the lot or parcel is eligible to

be subdivided to separate the detached accessory dwelling and which are subject to the following:

(a) Only one attached or detached accessory dwelling unit is permitted on any

lot or parcel. Buildings converted in accordance with § 158.072(C)(5) shall be considered detached

accessory dwelling units;

(b) The property owner must occupy either the principal dwelling unit or the

detached dwelling unit on the lot or parcel;

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(d) Two off street parking spaces must be provided for the detached accessory

dwelling unit; and

(e) Detached accessory dwelling units shall not be subject to any size limits.

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(10) Antique shops and arts and craft shops where operated by the resident, subject

to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(11) Beauty shops or barbershops, subject to Zoning Administrator approval after

a public hearing in accordance with § 158.130(G);

(12) Cottage industry, provided it is conducted solely within the dwelling, subject

to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(13) Family day care, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(14) Within a dwelling, the professional office of a physician, insurance agent,

realtor, or other profession determined by the Zoning Administrator to be similar in use and

characteristics, subject to Zoning Administrator approval after a public hearing in accordance with

§ 158.130(G);

(15) Lawn care and maintenance service, subject to Zoning Administrator approval

after a public hearing in accordance with § 158.130(G); and

(16) The above or below ground storage of not greater than 2,000 gallons, in

aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to

Chapter 170 of the Carroll County Code and all applicable MDE and NFPA regulations.

(F) Height regulations. No principal structure shall exceed 2 ½ stories or 35 feet in

height, and no accessory structure shall exceed 2 stories or 20 feet in height, except as provided in

§ 158.130(E).

(G) Bulk requirements.

(1) Dwellings, religious establishments, schools, hospitals, etc. The following

minimum requirements shall be observed subject to the modified requirements of § 158.130:

Use

Lot Area

Lot

Width

(feet)

Front Yard

Depth

(feet)

Side Yard

Width (each

side yard) (feet)

Rear Yard

Depth

(feet)

Dwellings

40,000 sq. ft.

150

Hospitals

5 acres

400

150

100

Religious establishments

2 acres

200

100

Schools:

Elementary; middle

5 acres

400

150

100

High

10 acres

500

150

100

Colleges

15 acres

500

150

100

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Use

Lot Area

Lot

Width

(feet)

Front Yard

Depth

(feet)

Side Yard

Width (each

side yard) (feet)

Rear Yard

Depth

(feet)

Other permitted or

conditional uses

40,000 sq. ft.

150

(2) Nursing homes, assisted living facilities, and retirement homes.

Use

Lot Area

Lot

Width

(feet)

Density

Front

Yard

Depth

(feet)

Side Yard

Width (each

side yard)

(feet)

Rear

Yard

Depth

(feet)

Nursing homes,

assisted living

facilities

45,000

sq. ft.

150

1 bed/3,000 sq. ft.

Retirement homes,

multi-family units

45,000

sq. ft.

150

As determined by the

Planning

Commission but not

exceeding 1

DU/3,000 sq. ft.

Retirement homes,

single-family and

town homes

45,000

sq. ft.

150

As determined by the

Planning

Commission but not

exceeding 1

DU/7,500 sq. ft.

For those areas in excess of 180,000 square feet, the determination of the density factor will be made by

the Planning Commission and the Carroll County Health Department upon the review and approval of the

site development plan.

As lot area increases above minimum of 45,000 square feet, increased provision for front, side, and rear

yards shall be determined by the Planning Commission and the Carroll County Health Department based

on the site development plan.

§ 158.073 R-20,000 RESIDENCE DISTRICT.

(A) Purpose. The purpose of the R-20,000 District is to provide a location for single-

family residential development, the individual lots of which contain a minimum of 20,000 square

feet (or approximately 2 families per acre). The area may or may not be served with public water

and/or public sewerage facilities.

(2004 Code, § 223-76)

(B) Applicability. The following regulations and the applicable regulations contained in

other articles shall apply in the R-20,000 District.

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(1) Agriculture, as defined in § 158.002, provided that any building or feeding pens

in which farm animals are kept shall comply with distance requirements specified in § 158.040;

(2) Religious establishments, schools, and colleges;

(3) Single-family dwellings;

(4) Buildings and properties of an educational, or community service-type such as

libraries, ponds, playgrounds, community centers, but not warehouses, service garages, and storage

yards; and

(5) Conversion of a building existing prior to August 17, 1965, to accommodate 2

families; provided that all applicable building construction and Maryland Department of Health

and Mental Hygiene and MDE Codes are complied with.

(D) Conditional uses requiring BZA authorization. Conditional uses requiring BZA

authorization shall be as follows:

(1) Nursing homes, retirement homes, continuing care retirement communities and

assisted-living facilities, hospitals (Class A), medical and dental clinics, subject to prior concept

site development plan and traffic study review and determination of density, exterior design, and

site layout by the Planning Commission;

(2) Funeral establishments;

(3) Golf courses, country clubs, private clubs and similar recreational uses privately

owned and/or operated;

(4) Nursery schools or day care centers;

(5) Bed-and-breakfast (subject to § 158.071(D)(6));

(6) Country inn (subject to § 158.071(D)(7)); and

(7) Clubs, fraternal organizations, lodges, and similar organizations, provided that

they are not conducted for profit and obtain and maintain appropriate designation as nonprofit

entities exempt from federal income tax requirements pursuant to federal tax law regulating the

conduct of such businesses; subject to site plan approval under § 155.059.

(E) Accessory uses. Accessory uses shall be as follows:

(1) Accessory buildings and uses customarily incidental to any principal permitted

use or authorized conditional use, including a mobile home used in connection with an interim

agricultural use, subject to the provisions of § 158.150(B);

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(2) Home occupations, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(3) Existing cemeteries, when accessory to a religious establishment;

(4) Swimming pools, and tennis and other similar courts when accessory to a

residence;

(5) The keeping of not more than 4 roomers or boarders by a resident owner;

(6) One private stable as regulated in § 158.071(E)(2);

(7) Outdoor parking of commercial vehicles and outdoor storage of unlicensed

vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;

(8) Family day care, subject to Zoning Administrator approval after a public hearing

in accordance with § 158.130(G);

(9) Attached accessory dwelling units which are subject to the following:

(a) An attached accessory dwelling must have direct access from the outside;

(b) Only one attached accessory dwelling is permitted on any principal dwelling

unit;

attached accessory dwelling unit on the property;

(d) The maximum size of an attached accessory dwelling shall be 800 square

feet of the livable floor area or one-third of the total livable floor area of the principal dwelling

unit, whichever is greater;

(e) The attached accessory dwelling unit shall have no more than 2 bedrooms;

(f) The attached accessory dwelling unit must meet all applicable building

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(g) Two additional off street parking spaces must be provided for the attached

accessory dwelling unit; and

(h) Only one accessory dwelling unit (attached or detached) shall be permitted

on a lot.

(10) Detached accessory dwelling units, provided that the lot or parcel is eligible to

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be subdivided to separate the detached accessory dwelling and which are subject to the following:

(a) Only one attached or detached accessory dwelling unit is permitted on any

lot or parcel. Buildings converted in accordance with § 158.073(C)(5) shall be considered detached

accessory dwelling units;

(b) The property owner must occupy either the principal dwelling unit or the

detached accessory dwelling unit on the lot or parcel;

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(d) Two off street parking spaces must be provided for the detached accessory

dwelling unit; and

(e) Detached accessory dwelling units shall not be subject to any size limits.

(11) Antique shops and arts and crafts shops where operated by the resident, subject

to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(12) Beauty parlors or barbershops, in conjunction with a residence, subject to

Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(13) Within a dwelling, the professional office of a physician, insurance agent,

realtor, or other profession determined by the Zoning Administrator to be similar in use and

characteristics, subject to Zoning Administrator approval after a public hearing in accordance with

§ 158.130(G);

(14) Cottage industry, provided that it is conducted solely within the dwelling,

subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(15) Lawn care and maintenance service, subject to Zoning Administrator approval

after a public hearing in accordance with § 158.130(G); and

(16) The above or below ground storage of not greater than 2,000 gallons, in

aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to

Chapter 170 of the Carroll County Code and all applicable MDE and NFPA regulations.

(F) Height regulations. No principal structure shall exceed 2 ½ stories or 35 feet in

height, and no accessory structure shall exceed 2 stories or 20 feet in height, except as provided in

§ 158.130(E).

(G) Bulk requirements. The following minimum requirements shall be observed,

subject to the modified requirements in § 158.130:

(1) Dwellings, schools, etc.

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Use

Lot Area

Lot

Width

(feet)

Lot Area

per

Family

(sq. ft.)

Front

Yard

Depth

(feet)

Side Yard

(Width

Each Side

Yard)

(feet)

Rear

Yard

Depth

(feet)

Dwellings

20,000 sq. ft.

100

20,000

Funeral establishment

2 acres

150

100

Hospitals

5 acres

400

150

100

Religious establishments

2 acres

200

100

School:

Elementary

5 acres

400

150

100

High

10 acres

500

150

100

Colleges

15 acres

500

150

100

Other principal or permitted

conditional uses

20,000 sq. ft.

100

(2) Nursing homes and assisted living facilities.

Use

Lot Area

Lot

Width

(feet)

Density

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

Nursing homes,

assisted living

facilities

45,000

sq. ft.

150

1 bed/3,000 sq. ft.

Retirement homes,

multi-family units

45,000

sq. ft.

150

As determined by the

Planning

Commission but not

exceeding 1

DU/3,000 sq. ft.

Retirement homes,

single- family and

town homes

45,000

sq. ft.

150

As determined by the

Planning

Commission but not

exceeding 1

DU/7,500 sq. ft.

For those areas in excess of 180,000 square feet, the determination of the density factor will be made by

the Planning Commission and the Carroll County Health Department upon the review and approval of the

site development plan.

As lot area increases above the minimum of 45,000 square feet, increased provision for front, side, and

rear yards shall be determined by the Planning Commission and the Carroll County Health Department

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Use

Lot Area

Lot

Width

(feet)

Density

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

based on the site development plan.

§ 158.074 R-10,000 RESIDENCE DISTRICT.

(A) Purpose. The purpose of the R-10,000 District is to provide for smaller lot sizes

(10,000 square feet minimum) for single- and two-family dwellings, based on the use of public

water and sewerage facilities. This would essentially mean more dwellings per acre (approximately

3 to 4 families) and less open area than in the R-20,000 District.

(B) Applicability. The following regulations and applicable regulations contained in

other articles shall apply in the R-10,000 District.

(1) Any use or structure permitted and as regulated as a principal permitted use in the

R-20,000 District, except as hereinafter modified;

(2) Conversion of a building existing prior to August 17, 1965, to accommodate 2

families; provided that all applicable building construction and Maryland Department of Health

and Mental Hygiene and MDE Codes are complied with; and

(3) Planned unit development, subject to the provisions of § 155.093.

(D) Conditional uses requiring BZA authorization. Conditional uses requiring BZA

authorization shall be as follows:

(1) Any conditional use permitted and as regulated in the R-20,000 District, except

as hereinafter modified;

(2) Boarding or rooming houses or tourist homes;

(3) Clubs, fraternal organizations, lodges and similar organizations, provided that they

are not conducted for profit and obtain and maintain appropriate designation as nonprofit entities

exempt from federal income tax requirements pursuant to federal tax law regulating the conduct

of such businesses; subject to site plan approval under § 155.059;

(4) Community centers and swimming pools associated therewith; and

(5) Two-family dwellings.

(E) Accessory uses. Accessory uses shall be as follows:

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(1) Accessory buildings and uses customarily incidental to any principal permitted

use or authorized conditional use, including a mobile home used in connection with an interim

agricultural use, subject to the provisions of § 158.150(B);

(2) Keeping of no more than 4 roomers or boarders by a resident owner;

(3) Outdoor parking of commercial vehicles and outdoor storage of unlicensed

vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;

(4) Family day care, subject to Zoning Administrator approval after a public hearing

in accordance with § 158.130(G);

(5) Attached accessory dwelling units which are subject to the following:

(a) An attached accessory dwelling must have direct access from the outside;

(b) Only one attached accessory dwelling is permitted on any principal dwelling

unit;

attached accessory dwelling unit on the property;

(d) The maximum size of an attached accessory dwelling shall be 800 square

feet of the livable floor area or one-third of the total livable floor area of the principal dwelling

unit, whichever is greater;

(e) The attached accessory dwelling unit shall have no more than 2 bedrooms;

(f) The attached accessory dwelling unit must meet all applicable building

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(g) Two additional off street parking spaces must be provided for the attached

accessory dwelling unit; and

(h) Only one accessory dwelling unit (attached or detached) shall be permitted

on a lot.

(6) Detached accessory dwelling units, provided that the lot or parcel is eligible to be

subdivided to separate the detached accessory dwelling and which are subject to the following:

(a) Only one attached or detached accessory dwelling unit is permitted on any

lot or parcel. Buildings converted in accordance with division (C)(2) above shall be considered

detached accessory dwelling units;

(b) The property owner must occupy either the principal dwelling unit or the

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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detached dwelling unit on the lot or parcel;

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(d) Two off street parking spaces must be provided for the detached accessory

dwelling unit; and

(e) Detached accessory dwelling units shall not be subject to any size limits.

(7) Within a dwelling, the professional office of a physician, insurance agent,

realtor, or other profession determined by the Zoning Administrator to be similar in use and

characteristics, subject to Zoning Administrator approval after a public hearing in accordance with

§ 158.130(G);

(8) Home occupation, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(9) Lawn care and maintenance service, subject to Zoning Administrator approval

after a public hearing in accordance with § 158.130(G); and

(10) The above or below ground storage of not greater than 2,000 gallons, in

aggregate capacity of petroleum products which is not sold at retail or wholesale, and subject to

Chapter 170 of the Carroll County Code and all applicable MDE and NFPA regulations.

(F) Height regulations. Height regulations shall be the same as specified in the R-

20,000 District.

(G) Bulk requirements. The following minimum requirements shall be observed,

subject to the modified requirements in § 158.130:

Use

Lot Area

Lot

Width

(feet)

Lot Area

per

Family

(sq. ft.)

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

Boarding or tourist homes

20,000 sq. ft.

100

Clubs, fraternal

organizations

20,000 sq. ft.

100

Planned unit development

Subject to the provisions of § 155.093

Semi-detached

7,500 sq. ft.

37.5

7,500

12 (one side

only)

Single-family dwellings

10,000 sq. ft.

10,000

Two-family dwellings

15,000 sq. ft.

7,500

Other principal permitted

Same as specified in R-20,000 District

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Use

Lot Area

Lot

Width

(feet)

Lot Area

per

Family

(sq. ft.)

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

or conditional uses

§ 158.075 R-7,500 RESIDENCE DISTRICT.

(A) Purpose. The purpose of the R-7,500 Residence District is to enable in the urban

areas of the county, where both public water and sewerage facilities are available, a greater number

of dwellings per acre. The minimum lot size for single-family dwellings is 7,500 square feet. This

district also enables the use of multi-family structures.

(B) Applicability. The following regulations and the applicable regulations contained

in other sections shall apply in the R-7,500 Residence District.

(1) Single-family and two-family dwelling;

(2) Multi-family dwellings, but only in a planned unit development (“PUD”);

(3) Boarding or lodging houses;

(4) PUD, subject to § 155.093; and

(5) Any use or structure permitted and as regulated as a principal permitted use in

the R-10,000 District.

(D) Conditional uses requiring BZA authorization. Conditional uses requiring BZA

authorization shall be as follows:

(1) Any conditional use permitted and as regulated in the R-10,000 District; and

(2) Nursing homes, retirement homes, continuing care retirement communities and

assisted-living facilities, subject to prior approval of the site development plan and exterior design

of the structure by the Commission.

(E) Accessory uses. Accessory uses shall be as follows:

(1) Accessory buildings and uses customarily incidental to any principal use or

authorized conditional use;

(2) Outdoor parking of commercial vehicles and outdoor storage of unlicensed

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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vehicles as accessory use to residential use as defined and provided in §§ 158.056 and 158.057;

(3) Family day care, subject to Zoning Administrator approval after a public hearing

in accordance with § 158.130(G);

(4) Attached accessory dwelling units which are subject to the following:

(a) An attached accessory dwelling must have direct access from the outside;

(b) Only one attached accessory dwelling is permitted on any principal dwelling

unit;

attached accessory dwelling unit on the property;

(d) The maximum size of an attached accessory dwelling shall be 800 square

feet of the livable floor area or one-third of the total livable floor area of the principal dwelling

unit, whichever is greater;

(e) The attached accessory dwelling unit shall have no more than 2 bedrooms;

(f) The attached accessory dwelling unit must meet all applicable building

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(g) Two additional off street parking spaces must be provided for the attached

accessory dwelling unit; and

(h) Only one accessory dwelling unit (attached or detached) shall be permitted

on a lot.

(5) Detached accessory dwelling units, provided that the lot or parcel is eligible to be

subdivided to separate the detached accessory dwelling and which are subject to the following:

(a) Only one attached or detached accessory dwelling unit is permitted on any

lot or parcel. Buildings converted in accordance with § 158.074(C)(2) shall be considered detached

accessory dwelling units;

(b) The property owner must occupy either the principal dwelling unit or the

detached dwelling unit on the lot or parcel;

construction and Maryland Department of Health and Mental Hygiene and MDE Codes;

(d) Two off street parking spaces must be provided for the detached accessory

dwelling unit; and

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(e) Detached accessory dwelling units shall not be subject to any size limits.

(6) Within a dwelling, the professional office of a physician, insurance agent, realtor

or other profession determined by the Zoning Administrator to be similar in use and characteristics,

subject to Zoning Administrator approval after a public hearing in accordance with § 158.130(G);

(7) Home occupation, subject to Zoning Administrator approval after a public

hearing in accordance with § 158.130(G);

(8) Lawn care and maintenance service, subject to Zoning Administrator approval

after a public hearing in accordance with § 158.130(G); and

(9) The above or below ground storage of not greater than 2,000 gallons, in aggregate

capacity of petroleum products which is not sold at retail or wholesale, and subject to Chapter 170

of the Carroll County Code and all applicable MDE and NFPA regulations.

(F) Height regulations. No principal structure shall exceed 3 stories or 40 feet in height

and no accessory structure shall exceed 1 ½ stories or 25 feet, except as provided in § 155.093 and

§ 158.130(E).

(G) Bulk requirements. The following minimum requirements shall be observed,

subject to the modified requirements in § 158.130:

(1) Dwellings, PUDs, etc.

Use

Lot Area

Lot

Width

(feet)

Lot Area

per Family

(sq. ft.)

Front

Yard

Depth

(feet)

Side Yard

(Width Each

Side Yard)

(feet)

Rear

Yard

Depth

(feet)

One-family - 1 and 1-1/2

stories

7,500 sq. ft.

7,500

One-family - 2 and 2-1/2

stories

7,500 sq. ft.

7,500

PUD

10 acres

Subject to provisions of § 155.093

Semi-detached dwelling

5,000 sq. ft.

37.5

5,000

12 (one side

only)

Two-family - 1 and 1-1/2

stories

10,000 sq.

ft.

5,000

Two-family - 2 and 2-1/2

stories

10,000 sq.

ft.

5,000

Other principal permitted or

conditional uses

20,000 sq.

ft.

100

(2) Nursing homes and retirement homes.

Use

Lot Area

Lot

Density

Front

Side Yard

Rear

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Width

(feet)

Yard

Depth

(feet)

(width each

side yard)

(feet)

Yard

Depth

(feet)

Nursing homes

45,000 sq.

ft.

150

1 bed/3,000 sq. ft.

Retirement

homes, multi-

family units

45,000 sq.

ft.

150

As determined by the

Planning Commission

but not exceeding 1

DU/3,000 sq. ft.

Retirement

homes, single

family and town

homes

45,000 sq.

ft.

150

As determined by the

Planning Commission

but not exceeding 1

DU/7,500 sq. ft.

For those areas in excess of 180,000 square feet, the determination of the density factor will be made by

the Planning Commission and the Carroll County Health Department upon the review and approval of the

site development plan.

As lot area increases above the minimum of 45,000 square feet, increased provision for front, side and

rear yards shall be determined by the Planning Commission and the Carroll County Health Department

based on the site development plan.

§ 158.076 “MHP” MOBILE HOME PARK DISTRICT.

(A) Purpose. The purpose of the MHP District is to prescribe a zoning category wherein

mobile home parks meeting minimum development standards established by the county may be

authorized in limited locations deemed appropriate and compatible within the existing

neighborhood.

(B) Applicability. The following regulations and applicable provisions contained in

other sections shall apply in the MHP District.

(1) Mobile home parks, subject to the provisions of § 155.096 and one times the

distance requirements of § 158.040;

(2) Religious establishments;

(3) Buildings and properties of a cultural, civic, educational, social, or community

service-type such as libraries, ponds, playgrounds, community centers, but not warehouses, service

garages, and storage yards;

(4) Conversion of a building existing prior to August 17, 1965, to accommodate 2

families, provided that all applicable building construction and Maryland Department of Health

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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and Mental Hygiene and MDE Codes are complied with; and

(5) Agriculture, as defined in § 158.002, provided that any building or feeding pens

in which farm animals are kept shall comply with distance requirements specified in § 158.040.

(D) Conditional uses requiring BZA authorization. Conditional uses requiring BZA

authorization shall be as follows: none provided.

(E) Accessory uses. Accessory uses shall be accessory buildings and uses customarily

incidental to any principal use and subject to § 155.096 where applicable. The above or below

ground storage of not greater than 2,000 gallons, in aggregate capacity of petroleum products

which is not sold at retail or wholesale, and subject to Chapter 170 of the Carroll County Code and

all applicable MDE and NFPA regulations, shall be considered an accessory use.

(F) Height regulations. No principal structure shall exceed 2 ½ stories or 35 feet in

height, and no accessory structure shall be 2 stories or 20 feet in height except as provided in §

158.130(E) and subject to § 155.096 where applicable.

(G) Bulk requirements. The following minimum requirements shall be observed

subject to modified requirements in § 158.130:

Use

Lot

Area

Lot

Width

Lot Area Per

Family

Front Yard

Depth

Side Yard

Depth

Rear Yard

Depth

Mobile home parks

Subject to requirements of § 155.096

Religious establishments

Same as specified in R-20,000 Residence District

Other permitted uses

Same as specified in R-7,500 Residence District

§ 158.077 C-1 COMMERCIAL LOW INTENSITY DISTRICT.

(A) Purpose and intent. The purpose of the C-1 District is to provide locations for

small-scale, low intensity retail and service commercial uses which are intended to provide goods

and services primarily serving the residents of the surrounding neighborhoods with a minimum of

consumer travel and convenient auto access. Uses allowed in the C-1 District include but are not

limited to retail sales and services, personnel services, medical facilities, eating establishments,

recreation and entertainment, and small professional office uses.

(B) Applicability. The following regulations and applicable regulations contained in

other sections shall apply in the C-1 District.

(D) Site plan review. Site plan review, if required, shall be as provided as per Chapter

155.

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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§ 158.078 C-2 COMMERCIAL MEDIUM INTENSITY DISTRICT.

(A) Purpose and intent. The purpose of the C-2 District is to provide locations for a

diverse range of medium-intensity retail, service and professional office uses needed by a larger

population than those provided for in the C-1 District. This district is also intended to provide

locations for compatible institutional and recreational uses, limited residential uses, and some of

the general neighborhood uses associated with the C-1 District. Bicycle and pedestrian access are

encouraged where possible to ensure compatibility with nearby neighborhoods.

(B) Applicability. The following regulations and applicable regulations contained in

other articles shall apply in the C-2 District.

(D) Site plan review. Site plan review, if required, shall be as provided as per Chapter

155.

§ 158.078.01 C-3 COMMERCIAL HIGH INTENSITY DISTRICT.

(A) Purpose and intent. The purpose of the C-3 District is to provide locations for

high-intensity, large-scale retail businesses and destinations of a regional nature, planned business

parks, clusters of commercial development, wholesale businesses, offices, and certain light

processing operations. This district is also intended to provide locations for compatible

institutional and recreational uses and some of the medium-intensity uses associated with the C-2

District. Uses in this district should be located in proximity to transportation infrastructure and

major corridors. Developments in the C-3 District should, where possible and appropriate,

facilitate pedestrian circulation.

(B) Applicability. The following regulations and applicable regulations contained in

other sections shall be permitted in the C-3 District.

(D) Site plan review. Site plan review, if required, shall be as provided as per Chapter

155.

§ 158.079 I-1 LIGHT INDUSTRIAL DISTRICT.

(A) Purpose and intent. The purpose of the I-1 District is to provide locations for

certain types of nonagricultural, nonresidential, and generally nonretail commercial activities

characterized by light manufacturing, assembling, fabricating, warehousing, wholesale

distribution, and limited office and commercial uses which are supportive or directly related to

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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industrial uses, which may not be as intense as those provided for in the I-2 District and which,

with proper landscaping, separation, setback, and buffering, will not significantly detract from

adjoining residential or commercial properties. It is intended that such districts be located in areas

with access to major thoroughfares or other major modes of transportation, depending upon the

specific demands of the industry being served. Industrial Parks are encouraged in this district to

provide for clustering of similar industrial uses with common access and infrastructure, as well as

the provision of open spaces, stormwater management, and adequate buffering.

(B) Applicability. The following regulations and applicable regulations contained in

other sections shall be permitted in the I-1 District.

(D) Business/Industrial Parks. Business/Industrial Parks, approved as Business Parks

prior to April 1, 2019, and any subsequent revisions or amendments thereto, are permitted in the

I-1 District, as regulated in § 158.079(D). Commercial uses which are delineated as accessory

uses in division (8) below, or general service, general retail and other commercial uses delineated

as principal permitted and conditional uses in § 158.082(A), which are not otherwise permitted or

conditional uses in the I-1 District, may be located on separate lots or parcels within a business

park provided that:

(1) The gross acreage of such uses does not exceed 15% or 15 acres, whichever is

lesser, of the business park.

(a) The area of the commercial uses not otherwise permitted in the I-1 District

shall be computed as the building area containing the commercial uses and the supporting parking

lot area, but shall not include required yard setbacks and open space;

(b) No variance of the 15% limitation may be granted; and

shall be permitted in a business/industrial park and shall not be included in

the calculation of commercial uses which are not otherwise permitted in

the I-1 District.

(2) The size of any individual commercial use permitted in the commercial districts

but not otherwise permitted in the I-1 District may not exceed a maximum of 25,000 square feet.

The area of a canopy over gasoline pumps shall not be included in the size limitation for a

convenience store with gasoline pumps;

(3) The business/industrial park shall be ineligible for additional accessory uses

under § 158.083(B)(2);

(4) The development of the business/industrial park with retail or commercial uses

shall not constitute a substantial change in the neighborhood with respect to a petition to change

the zoning of the property pursuant to § 158.134(C);

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(5) An average of 4+ parking spaces per 1,000 square feet of building area shall be

provided for the lots within a business/industrial park;

(6) Notwithstanding anything in this subchapter to the contrary, the following uses

are prohibited in a business/industrial park:

(a) Day treatment or care facility;

(b) Funeral establishments;

(d) Nonprofit clubs and fraternal organizations;

(e) Religious establishments;

(f) Residential dwelling units;

(g) Retail greenhouses;

(h) Retirement homes;

(i) Tattoo or body-piercing shops; and

(j) Vehicle repair shops.

(7) Signage requirements are as follows:

(a) A signage plan shall be submitted with the site plan.

(b) One freestanding sign, or an additional sign if fronting on more than one

street, shall be allowed to identify the business/industrial park. This sign may not exceed 30 feet

in height or 200 square feet per side, unless a variance is granted pursuant to § 158.130. This sign

may include identification of the tenants or other entities within the business park.

signs in accordance with § 158.114.

(8) Provided all accessory uses do not exceed 15% of the lot or parcel, and provided

no individual use exceeds 3,000 square feet except as provided below, the following retail or other

commercial uses in conjunction with a principal permitted or approved conditional use, not

exceeding 15% of the lot or parcel, and subject to authorization of the BZA after a public hearing:

(a) Retail bakeries;

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(b) Banks or savings and loan institutions;

(d) Convenience stores, including gasoline pumps, however the area of canopy

over the gasoline pumps is excluded from the 3,000 square foot size limitation but included as part

of the 15% gross acreage limitation;

(e) Day care centers not exceeding 6,000 square feet;

(f) Pharmacies;

(g) Laundry or dry-cleaning establishments;

(h) Office supply stores;

(i) Shoe repair shops;

(j) Restaurants or lunchrooms;

(k) Tailor establishments;

(l) Health clubs not exceeding 6,000 square feet; and

(m) Florist or garden shops.

(E) Site plan review. Site plan review, if required, shall be the same as provided as per

Chapter 155.

§ 158.080 I-2 HEAVY INDUSTRIAL DISTRICT.

(A) Purpose and intent. The purpose of the I-2 District is to provide locations for

certain types of nonagricultural, nonresidential, and noncommercial activities characterized by

heavy manufacturing, refining, processing, or compounding of materials or products

predominantly from raw materials. This district may also accommodate some of the light

manufacturing uses permitted in the “I-1” (Light Industrial) District. The uses associated with

this district are intensive and frequently include operations that emit strong odors; loud noises; and

some level or volume of dust, vibrations, smoke, soot, vapors, light, and pollution. It is intended

that properties in this district be located with access to major thoroughfares or other major modes

of transportation, depending on the specific demands of the industry being served. It is not the

purpose of this district to promote or encourage the use of land within this district for retail

services, Planned Commercial Centers, or similar uses typically expected to be located within the

established commercial districts.

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(B) Applicability. The following regulations and applicable regulations contained in

other sections shall apply in the I-2 District.

(D) Site plan review. Site plan review, if required, shall be as provided as per Chapter

155.

§ 158.081 EC EMPLOYMENT CAMPUS DISTRICT.

(A) Purpose and intent. The purpose of the E-C District is to provide for and foster

comprehensively planned employment centers in campus-like settings to attract employers of

highly skilled workers and primarily higher paying jobs, including but not limited to research and

development, institutional, office, flex space, and other light and limited industrial uses, while also

providing a more flexible approach to design and development. In this district, the integration of

trails, sidewalks, communal plazas, and share amenities is encouraged. The following objectives

are sought in providing for the E-C District:

(1) To facilitate a well-planned development with higher standards of development

than are typically found in other employment districts;

(2) To provide for development that will incorporate the natural features of the land

and protect the environment;

(3) To maintain a harmonious relationship between the various buildings and sites

contained within the district;

(4) To provide development patterns that recognize the character of established

surrounding neighborhoods and other types of land uses;

(5) To provide for interaction and integration among users, thereby contributing to

a positive and healthy working environment;

(6) To ensure that the limited number of permitted and accessory residential, retail,

service, eating and drinking uses within the district have the principal purpose of serving the

employment campus;

(7) To encourage green spaces, walking trails and other recreational uses;

(8) To serve as an economic development tool in the effort to increase the County’s

commercial and industrial tax base;

(9) To encourage development of buildings that can be easily adapted as the range

of tenants and regional market for employment evolves; and

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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(10) To provide a flexible employment district.

(B) Development plan. The developer of any employment campus (prior to any

construction), shall present to the Planning Commission for its review, a development plan of the

proposed campus. The purpose of the development plan is to provide the Planning Commission

with the necessary information to ascertain whether the proposed employment campus is

consistent with the purposes of the district as articulated in subsection (A) above. The

development plan shall show such items as the size of the project, the location and approximate

shapes of buildings, road ingress and egress patterns, parking areas, storm drainage, and water and

sewerage facilities, and such other information as is necessary for the Planning Commission to

give the necessary consideration. The Planning Commission shall require phasing of construction

of the residential, retail, and service portions of the employment campus to ensure that these

components are in support of the primary employment uses.

(1) It shall be the duty of the Planning Commission to ascertain whether the location,

size, and other characteristics of the site, and the proposed plan, comply with the following

conditions:

(a) The proposed development will not cause points of traffic congestion on

existing or planned roads in the areas of such proposed location; and

(b) The plans provide for a development consisting of one or more groups of

establishments in buildings of integrated and harmonious design, together with adequate and

properly arranged traffic patterns, parking facilities and landscaping, so as to result in an attractive

and efficient development.

be provided in accordance with a formula of 5 parking spaces for every 1,000 square feet of

building space.

(D) Outdoor Storage. No outdoor storage of equipment, material or products will be

permitted.

(E) Signage. A signage plan shall be submitted at the time of development plan review

to assure that the appearance, size, height, type of material, and other aspects of signs are consistent

with the purposes and intent of the district. The regulations set forth in §§ 158.112, 158.113, and

158.114 shall also apply in the Employment Campus District.

(F) Landscaping. The minimum open space and landscaped area on any development

shall not be less than 20% of the gross land area of the development. All development in this

district shall comply with Chapter 157 of the Carroll County Code and to the technical standards

established in the Carroll County Landscape Manual. Supplemental landscaping may be required

in order to comply with the objectives set forth in subsection (A).

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(G) Architecture. Building architectural renderings or plans shall be submitted at the

time of development plan review to assure that the appearance, size, type of building material, and

other aspects of the buildings are consistent with the purposes and intent of the district.

(H) Solar Energy Conversion Facilities. Solar energy conversion facilities may be

approved as part of the development plan, provided they are roof-mounted, subject to the

requirements of § 158.153, or mounted on a canopy in a parking area.

(I) Principal uses. The regulation of principal uses is set forth in § 158.082.

(J) Mix of Uses. The following limitations shall apply:

(1) General retail, general service, eating and drinking uses, including principal and

accessory uses, shall not comprise more than 25% of the total area of the structures located in the

employment campus development.

(2) Where permitted in § 158.082, the total developed area for residential uses shall

not collectively comprise more than 15% of the total area of the employment campus development.

Such residential uses shall be architecturally compatible with and supportive of the employment

uses. All residential uses shall be subject to Chapter 156, Adequate Public Facilities and

Concurrency Management.

(K) Accessory Uses. Accessory uses shall be as follows:

(1) Uses customarily accessory and incidental to any principal permitted use or

authorized conditional use.

(2) Solar energy conversion facility, either roof mounted or mounted on the canopy

of a parking area, subject to the requirements of § 158.153(B).

(3) General retail, general service, eating and drinking establishments, and indoor

recreation uses, provided that an individual use does not exceed 3,000 square feet, except health

clubs and day care centers, which may not exceed 6,000 square feet.

(L) Bulk Requirements. With the exception of building height, the bulk requirements

shall be established at the time of site plan approval. The maximum allowable height in this

district shall be 60 feet.

(M) Site Plan Review. Site plan review, if required, shall be as provided as per Chapter

155.

§ 158.082 COMMERCIAL, INDUSTRIAL, AND EMPLOYMENT CAMPUS

DISTRICTS: REGULATION OF PRINCIPAL USES.

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(A) Table of Principal Land Uses. In the Table below, the following applies:

(1) The letter "P" indicates that the use is permitted in the district indicated.

(2) The letter “C" indicates that the use requires the authorization of the BZA in

accordance with § 158.133 of this Chapter.

(3) The letter "X" indicates that the use is prohibited.

(4) The letters “NA” indicate that the use is not applicable.

(5) Any use not listed is prohibited unless the BZA determines that the use is similar in

impact, nature, function, and duration to an allowed use listed in the Table of Land Uses, and

which would not be detrimental to the public health, safety, or general welfare of the community,

unless otherwise specifically prohibited.

(6) The particular and specific control the general.

(7) In case of any difference of meaning or implication between the text and any

caption, the text controls.

(8) In case of any difference of meaning or implication between the text and any

language in the definition of the use or the Purpose and Intent of the zoning district, the text

controls.

(9) Words used in the singular include the plural (and vice versa).

(10) Words or phrases not specifically defined in this Chapter shall be construed

according to the common and generally recognized usage of the language. Technical words and

phrases, and others that have acquired a specific meaning in the law, shall be construed according

to that meaning.

(11) A variance may not be granted to permit a use in a district where the use is

prohibited or to eliminate the requirement that a conditional use approval be granted for a use.

LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

AGRICULTURAL

Agriculture

158.002, 158.035

Agricultural research laboratories and

facilities

158.070

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Feed or grain sales, may include storage

Flour or grain milling, drying, storage

158.040

Shop for the service, repair, or sale of farm

equipment

158.040

COMMUNICATIONS

Communications tower

158.002,158.039,

158.054

Communications tower complex

158.002,158.039,

158.054

Radio or Television Studio

COMMERCIAL

Vehicle Sales/ Service

Automobile service center

158.002, 158.083

Car wash (self or full service)

Fuel station

158.002

Vehicle repair shop

158.002, 158.083

Vehicle sales lot (under 10,000 lbs. gross

vehicle weight)

158.002, on a lot

of less than 5

acres in the I-1

District

Vehicle sales lot (10,000 lbs. or more gross

vehicle weight)

158.002, on a lot

of less than 5

A variance may not be granted to the weight or acreage requirements for this use.

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

acres in the I-1

District

Eating and Drinking Establishments

Catering establishment or banquet facility

158.002

Restaurant

158.083

Restaurant, with drive thru

Tavern/Bar

158.083

Funeral and Interment

Cemetery, mausoleum, or memorial garden

158.002

Crematorium

158.002, 158.040

Funeral establishment

158.002

Lodging

Bed and breakfast

158.002, 158.071

Country inn

158.002,158.071

Hotel or motel

Hotel or motel, as part of an Industrial Park

or a Business/Industrial Park

158.002, 158.156,

158.079

Office/Health Care

Contractor’s Office

158.002, 158.083

Facility for dispensing of medical cannabis

158.002, 158.040,

158.059

Facility for dispensing of medical cannabis,

in conjunction with a medical cannabis

growing and/or processing facility

158.002, 158.040,

158.059

Medical or dental center

158.002

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Professional or business office

158.083

Veterinary facility, without runways

158.002, 158.040

Veterinary facility, with runways

158.002, 158.040

Recreational/Entertainment

Adult entertainment business, massage

establishment, striptease business

158.002, 158.154

Amusement park

Conference center

158.002,158.070

Conference center as part of an Industrial

Park or a Business/Industrial Park

158.002, 158.156,

158.079

Golf course

158.002

Indoor recreational facility

158.002

Indoor theater

Indoor trap, skeet, rifle, or archery ranges,

including gun clubs

158.040

Outdoor drive-in theater

Outdoor recreational area

158.002

Outdoor trap, skeet, rifle, or archery

ranges, including gun clubs

158.040

Retreat facility

158.002, 158.070

Retail/Service

Building or landscaping supplies sales and

storage yard

158.002

Butcher shop

158.002

Fertilizer (liquid or dry) sales and storage

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

General retail or general service, less than

10,000 square feet

158.002, 158.083

General retail or general service, between

10,000 and 60,000 square feet

158.002, 158.083

General retail or general service, more than

60,000 square feet

158.002, 158.083

Rental of vehicles and goods with

primarily outdoor equipment storage

RESIDENTIAL

Household Living

Dwelling in a Business Park, all types

158.002, 158.159

Single-family or two-family dwelling in a

Rural Village

158.002

Multi-family dwelling

158.002, 158.081

Retirement home/age-restricted adult

housing

158.002

Single-family dwelling constructed after

November 1, 2019

158.002, 158.081

Single-family dwelling constructed prior to

November 1, 2019

158.002

Townhouse

158.002, 158.081

Two-family dwelling

158.002, 158.081

Group Living

Assisted-living facility

158.002

Continuing care retirement community

158.002

Nursing home

158.002

INSTITUTIONAL/COMMUNITY

SERVICE

A variance may not be granted to the square footage requirements for this use

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Art, business, dance, music or similar

school

Community meeting hall, social club,

fraternal organization

Community recreational facility

Day care center

158.002

Hospital

158.002

Nursery school

Museum

Private school

Religious establishment

158.002

Trade school or professional training center

INDUSTRIAL

Manufacturing/Production

Acid or heavy chemical manufacture,

processing, or storage

158.040

Artisan manufacturing

158.002

Bituminous concrete mixing plant

158.040

Blast furnace, boiler works, foundry

158.040

Brewery

158.002, 158.040,

158.083

Cement, lime, gypsum, or plaster of paris

manufacturing

158.040

Concrete and ceramic products

manufacturing

158.040

Concrete or asphalt recycling

158.002, 158.040

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Distillation of bones, fat rendering, grease,

lard or tallow manufacturing or processing

158.040

Distillery

158.002, 158.040,

158.083

Explosive manufacturing or storage

158.040

Fertilizer, potash, insecticide, glue, size or

gelatin manufacture

158.040

Food processing and packing plant

158.040

Heavy manufacturing

158.002,158.040

Indoor processing of medical cannabis

158.002, 158.040,

158.059

Light manufacturing

158.002

Limited distillery

158.002, 158.083

Micro-brewery

158.002, 158.083

Petroleum products refining

158.002, 158.040,

100’ setback from

all property lines,

NFPA Code

Sawmill, commercial

158.002,158.040

Steel mill

158.002, 158.040

Winery

158.083

Trades

Bottling (may include distribution) of soft

drinks, alcoholic beverages, or milk

Printing shop

Welding, sheet metal, machine, carpentry,

or similar shop

158.040

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Transportation/Utilities

Airfield

158.002

Airport

158.002, 158.040

Coal yard

158.040

Commercial parking lot or garage

158.002

Electric generating power plant

158.040

Heliport

158.002, 158.040

Solar energy conversion facility, ground

mounted

158.002, 158.081,

158.153

Towing service

On a lot of 5 acres

or less in

Industrial Districts

Truck or motor freight terminal

158.040

Utility equipment building, yard, above-

ground station or substation, or telephone

exchange

158.039

Utility equipment, all others

158.039

Warehouse/Storage/Distribution

Above ground petroleum products storage

(2,000 gallons or greater)

158.002, 158.040,

158.157

Contractor’s equipment storage facility

158.002, 158.040

Self-service storage facility

158.002, 158.158,

158.083

Storage of pelletized or granular dried

sewage sludge

158.002, 158.051

Underground petroleum products storage

158.002, 158.040

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Warehouse or distribution facility

158.002

Waste-Related

Garbage, offal, or dead animal reduction

Junkyard

158.002, 158.040,

158.155

Oil-contaminated soil facility

158.002,158.040

Solid waste acceptance facility, as defined

in Chapter 50 of the Carroll County Code

50.01, 158.040

Miscellaneous

Business Park

158.002, 158.159

Business/Industrial Park

158.079

Carpet and rug cleaning plant, industrial

laundry or dry cleaning

158.040

Commercial kennel

158.002

Conveyor system

158.002, 158.039

Extractive operation, with a MRO

designation

158.002, 158.096

Indoor growing of medical cannabis

158.002,

158.040,158.059

Industrial Park

158.002, 158.156

Laboratory (chemical, physical, or

biological), not including agricultural

158.040

Planned Commercial Center

158.002, 155.094

Slaughterhouse

158.040

Use-off-the premises signs

158.115

PUBLIC

Chapter 158, Zoning – Proposed Commercial, Industrial, and Employment Campus Districts Amendments related to

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LAND USE CATEGORY

SUBCATEGORY

DESCRIPTION

C-

C-3

I-1

I-2

ADDITIONAL

REGULATIONS

Public facility

158.049

§ 158.083 COMMERCIAL AND INDUSTRIAL DISTRICTS: REGULATION OF

ACCESSORY USES.

(A) Accessory Uses in the Commercial Districts. Accessory uses in the commercial

districts shall be as follows:

(1) Uses and structures customarily accessory and incidental to any principal

permitted use or authorized conditional use, including but not limited to:

(a) Business signs pertaining to "use on the premises", provided that such signs

are located as regulated in § 158.114.

(b) Storage modules subject to the following standards:

1. The exterior surface shall be painted and kept in good repair;

2. The storage module shall be vented as needed for safety purposes;

3. The storage module shall be screened from the adjacent roadway;

4. Storage modules shall not be stacked; and

5. The number of storage modules shall be determined by the Zoning

Administrator, but shall not exceed 25% of the area of the principal structure.

aggregate capacity, of petroleum products which is not sold at retail or wholesale, and subject to

all applicable MDE and NFPA regulations. Commercial establishments providing petroleum for

retail sale shall be regulated in the same manner as a principal use.

(d) Drive-thru service when accessory to a principal permitted or conditional

use in the C-2 or C-3 district.

(e) Car wash when accessory to a principal permitted or conditional use in the

C-2 or C-3 district.

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(f) Outdoor storage of vehicles when accessory to a self- service storage facility.

(g) Equipment, vehicle and materials storage when accessory to general service

or office, provided that in the C-1 District, the storage is located in an area of the property

comprising no more than 43,560 square feet.

(h) Winery, micro-brewery, and limited distillery when accessory to a

restaurant or tavern.

(i) Consumption or tasting of alcohol produced on-site, food sales to accompany

the beverage tasting, retail sales of novelty or gift items related to the beverage, guided tours, and

promotional activities at a micro-brewery, limited distillery, or winery.

(j) Fertilizer storage or sales, not in prepared packing, when accessory to a

permitted or conditional use in the C-2 or C-3 district, subject to approval by the Zoning

Administrator in accordance with § 158.130(G).

(k) Solar energy conversion facility, subject to the requirements of § 158.153.

(l) Pursuant to § 155.094, dwellings accessory to a Planned Commercial Center.

(m) A single dwelling directly related to a commercial use.

(B) Accessory uses in the Industrial Districts. Accessory uses in the industrial

districts shall be as follows:

(1) Uses and structures customarily accessory and incidental to any principal

permitted use or authorized conditional use, including but not limited to:

(a) A mobile home or dwelling directly related to an industrial use.

(b) Storage modules subject to the following standards:

1. The exterior surface shall be painted and kept in good repair;

2. The storage module shall be vented as required for safety purposes;

3. The storage module shall be screened from the adjacent roadway;

4. Storage modules shall not be stacked; and

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5. The number of storage modules shall be determined by the Zoning

Administrator, but shall not exceed 25% of the area of the principal structure.

site.

(d) Towing service, when accessory to an automobile service center or vehicle

repair shop.

(e) Car wash, when accessory to a permitted or conditional use.

(f) Motor vehicle rental and leasing, when accessory to an automobile service

center or vehicle repair shop.

(g) Consumption or tasting of alcohol produced on-site, food sales to

accompany the beverage tasting, retail sales of novelty and gift items related to the beverage,

guided tours, and promotional activities at a brewery, micro-brewery, distillery, limited distillery,

or winery.

(h) The above or below ground storage of not greater than 2,000 gallons, in

aggregate, of petroleum products, which is not sold at retail or wholesale, and subject to Chapter

170 of the Carroll County Code and all applicable MDE and NFPA regulations.

(i) Solar energy conversion facility, subject to the requirements of § 158.153.

(2) A single nonindustrial accessory use, provided the accessory use does not

exceed 15% of the lot or parcel, and provided the individual use does not exceed 3,000 square feet,

except as provided below, and subject to the site plan requirements of Chapter 155, the following

retail or other commercial uses in conjunction with a principal permitted or approved conditional

use (the above restrictions shall not be varied):

(a) Retail bakeries;

(b) Banks or savings and loan institutions;

(d) Convenience stores, including gasoline pumps;

(e) Day care centers not exceeding 6,000 square feet;

(f) Pharmacies;

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(g) Laundry or dry-cleaning establishments;

(h) Office supply stores;

(i) Shoe repair shops;

(j) Restaurants;

(k) Tailor establishments;

(l) Health clubs not exceeding 6,000 square feet; and

(m) Florist or garden shops.

§ 158.084 COMMERCIAL AND INDUSTRIAL DISTRICTS: BULK REQUIREMENTS.

(A) Bulk requirements in the Commercial Districts.

(1) The following requirements shall be observed for nonresidential and group living

uses in the commercial districts, subject to the provisions of § 158.130:

(a) Front yard: minimum 10 feet.

(b) Side yard: minimum 10 feet.

(d) Height: maximum 50 feet.

(2) Additional bulk requirements for Planned Commercial Centers are as provided for

in § 155.094.

(3) The bulk requirements for dwellings in the Rural Villages shall be the same as in

the R-10,000 District, and where adjoining any Residence District, the side yard shall be not less

than 25 feet.

(4) The bulk requirements for dwellings not in the Rural Villages shall be as follows:

(a) For dwellings that were in the B-NR District, the bulk requirements shall be the

same as in the R-10,000 District, and where adjoining any Residence District, the side yard shall

be not less than 25 feet.

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(b) For dwellings that were in the B-G District, the bulk requirements shall be the

same as in the R-7,500 District, and where adjoining any Residence District, the side yard shall

not be less than 15 feet.

(5) The bulk requirements for age-restricted housing shall be the same as for

nonresidential uses.

(6) Within a Business Park, the yards on both sides of an interior lot line may be zero,

and the Planning Commission may reduce other yard requirements.

(B) Bulk requirements in the Industrial Districts.

(1) The following requirements shall be observed in the industrial districts, subject to

the provisions of § 158.130:

(a) Front yard: minimum 10 feet.

(b) Side yard: minimum 20 feet.

(d) Height: maximum 50 feet.

be as set forth in § 158.130(C) (2).

(D) Within a Business/Industrial Park or an Industrial Park, the yards on both sides of an

interior lot line may be zero, and the Planning Commission may reduce other yard requirements.

OVERLAY DISTRICTS

§ 158.095 HDO HISTORIC DISTRICT OVERLAY.

(A) Purpose.

(1) The purpose of the HDO is to provide a mechanism for the preservation of sites,

structures, and districts of historical, archaeological, or architectural significance, together with

their appurtenances and environmental settings. The HDO is meant to enhance, not substitute for,

the underlying zoning classification which regulates land use. This section imposes additional

requirements during the construction, alteration, reconstruction, moving, and demolition of sites

and structures located within the HDO. These requirements are in addition to those of the existing

conventional underlying zoning district which controls land use.

(2) This subchapter is intended to:

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(a) Safeguard the heritage of the county by preserving sites, structures, or

districts which reflect elements of the county’s cultural, social, economic, political, architectural,

or archaeological history;

(b) Stabilize and improve property values of such sites, structures, or districts;

(d) Strengthen the economy of the county;

(e) Preserve and enhance quality of life;

(f) Promote the preservation and appreciation of the sites, structures, and

districts for the education and welfare of the residents of the county;

(g) Develop an awareness among property owners of the value of preserving,

protecting, and restoring areas of historical, archaeological, or architectural significance; and

(h) Enable the county to identify and officially designate sites, structures, and

districts of historical, archaeological, or architectural importance to the county in order to make

such sites, structures, and districts eligible for specific benefits that may be available from various

local, state, or federal programs.

(B) Definitions applicable to HDO and H District.

(1) As used in this subchapter and as used in § 158.097, the following words have

the meanings ascribed to them in Md. Code, Land Use Article, § 8.101, as amended from time to

time: demolition, district, structure, site, and routine maintenance.

(2) For the purpose of this section and as used in § 158.097, the following definitions

shall apply unless the context clearly indicates or requires a different meaning:

ALTERATION. Any exterior change that would affect the historic,

archaeological, or architectural significance of a designated site or structure, any portion of which

is visible or intended to be visible from a public way, including but not limited to construction,

reconstruction, moving, or demolition.

APPURTENANCES AND ENVIRONMENTAL SETTINGS. All that space

of grounds and structures thereon which surrounds a designated site or structure and to which it

relates physically or visually. APPURTENANCES AND ENVIRONMENTAL SETTINGS shall

include but not be limited to walkways and driveways (whether paved or not), trees, landscaping,

pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.

EXTERIOR FEATURES. Include the architectural style, design, and general

arrangement of the exterior, the nature and texture of building material, and the type and style of

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all windows, doors, light fixtures, signs, and similar items found on, or related to, the features of a

historic site or the exterior features of a historic resource within a historic district.

HISTORIC DISTRICT OVERLAY WORK PERMIT. A permit approved by

the HPC and issued by the Chief of the Bureau of Permits and Inspections, or its successor agency,

authorizing work on any property located within the HDO.

RECONSTRUCTION. The process of reproducing by new construction the

exact form and detail of a vanished structure, or part thereof, as it appeared at a specific period of

time.

RESTORATION. The process of accurately recovering the form and details of

a property as it appeared at a specific period of time by means of removal of later work and the

replacement of work missing from that period.

(1) Establishment; members. The HPC of Carroll County shall consist of 5 full

members and an alternate member appointed by the County Commissioners. The alternate member

shall vote on matters before the HPC in the absence of any other member. A majority of the

members shall be residents of the county. The County Commissioners shall make a good-faith

effort to have a majority of the full members be residents of the HDO area(s). Each member shall

possess a demonstrated special interest, specific knowledge, or professional or academic training

in such fields as history, architecture, architectural history, planning, archaeology, anthropology,

curation, conservation, landscape architecture, historic preservation, urban design, or related

disciplines. At least 2 members shall possess professional or academic training in one or more of

the above-listed fields in accordance with the minimum professional requirements of the United

States Department of the Interior for certifying local governments under 36 C.F.R. Part 61 to the

extent that such professionals are available in the community. A good-faith effort to locate and

appoint such professionals will be made, and documentation as to how this effort was

accomplished shall be retained by the County Commissioners. The County Commissioners may

consult private societies or agencies to request the names of possible members on the HPC.

Members shall be appointed for terms of 3 years. No more than 2 appointments shall expire in any

given year. Members of the HPC are eligible for reappointment.

(2) Membership requirements. The requirement for HPC membership under the

category of “demonstrated special interest” may be satisfied either by formal training in one or

more of the fields listed in division (C)(1) above or by active membership in a preservation-related

organization. The requirement for membership under the category of “specific knowledge” may

be satisfied by formal post-secondary education, employment, or practical experience in one or

more of the above-listed fields, or practical experience in the restoration or preservation of a

historic structure (including restoration or preservation of a historic structure located outside of the

HDO). The requirement for HPC membership under the category of “professional or academic

training” may be satisfied by, at a minimum, 2 years experience as a professional or a bachelor’s

degree in one or more of the above-listed fields.

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(3) Vacancies. Any vacancy on the HPC shall be filled by the County

Commissioners for the unexpired term of the particular position. Any vacancy shall be filled within

60 days. In the case of the expiration of a term, a member may continue to serve until the member’s

successor is appointed.

(4) Initial appointments. The members of the HPC shall serve as members of the

HPC until the expiration of their terms of appointment to the HPC, or until such member resigns,

whichever occurs first. These persons are eligible for reappointment at the expiration of their terms,

provided that they meet the qualifications for appointment specified in division (C)(1) above at the

time of such reappointment.

(D) Duties and powers of HPC.

(1) As part of its duties and powers, the HPC:

(a) Shall adopt rules for the organization and conduct of meetings;

(b) Shall act upon all applications for HDO work permits as required by

division (G) below;

Carroll County;

(d) Shall review all petitions for designation as a historic site, structure, or

district and submit recommendations to the County Planning Commission and County

Commissioners;

(e) Shall review any application for a zoning text or map amendment,

conditional use, variance, site plan, or subdivision approval, and any legislation or other proposals

affecting properties which are located within a designated historic site, structure, or district, or

which have preservation easements, including preparation and amendment of master plans, and

may make recommendations thereon to the appropriate authorities;

(f) Shall have the right to accept and use gifts and services for the exercise of

its functions which are given to the County Commissioners specifically for use by the HPC;

(g) Shall adopt rehabilitation and new construction design guidelines and

criteria for construction, alteration, reconstruction, repair, moving, and demolition of property in

the HDO which are consistent with the Secretary of the United States Department of the Interior’s

Standards for Rehabilitation. Guidelines may include design characteristics intended to meet the

needs of particular types of sites, structures, and districts, and may identify categories of changes

that do not require review by the HPC because they are minimal in nature and do not affect historic,

archaeological, or architectural significance. These design guidelines shall be used in the HPC’s

review of applications for HDO work permits;

(h) May, at the request of an applicant, receive information concerning the

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location and configuration of interior features in connection with an application for a HDO work

permit, which information may be used by the applicant in connection with explaining the

applicant’s request for the HDO work permit. The HPC may receive this information for use in

understanding the particular application before the HPC but shall not render any decision

concerning interior features and shall not require any applicant to submit any information

concerning interior features;

(i) May institute an action for injunctive relief to require routine maintenance

of a site or structure within the HDO, to require compliance with the provisions of this subchapter

or any permit issued thereunder, and to prohibit a violation of the provisions of this subchapter;

and

(j) May acquire easements in connection with individual sites or structures, or

with sites or structures located in or adjacent to an HDO area. Such easements may grant to the

HPC, the residents of the HDO area, and the general public the right to ensure that any site or any

structure and surrounding property upon which the easement is applied is protected in perpetuity

from changes which would affect its historic, archaeological, or architectural significance.

(2) In addition, the HPC shall have all the powers and authority enumerated in the

Md. Code, Land Use Article, §§ 8.01 et seq., as presently codified and as may be amended from

time to time.

(E) Criteria for designation as historic site, structure, or district.

(1) The County Commissioners may designate boundaries for sites, structures, or

districts of historic, archaeological, or architectural significance consistent with adopted criteria

for such designation.

(2) In considering any property for designation as a county historic

site/structure/district, the reviewing agencies, boards, or commissions shall consider the following

criteria:

(a) Historic, archaeological, and cultural significance.

1. The property has significant character, interest, or value as part of the

development, heritage, or cultural characteristics of the county, state, or nation;

2. The property is the site of a historic event;

3. The property is identified with a person or group of persons who

influenced society; or

4. The property exemplifies the cultural, economic, social, political, or

historic heritage of the county and its communities.

(b) Architectural and design significance.

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1. The property embodies the distinctive characteristics of a type, period,

or method of construction or architecture;

2. The property represents the work of a master craftsman, architect, or

builder;

3. The property possesses significant artistic value;

4. The property represents a significant and distinguishable entity whose

components may lack individual distinction;

5. The property represents an established and familiar visual feature of

the neighborhood, community, or county, due to its singular physical characteristics, landscape, or

historical event; or

6. The property is a rare example of a particular period, style, material, or

construction technique.

(3) The procedure for designation or expansion of HDO is as follows:

(a) Petitions for designation as a historic site or structure shall be initiated by

the legal owners of the site or structure. Petitions for designation of an HDO District shall be

initiated by the legal owners of a majority of the properties comprising the proposed district.

(b) Petitions for designation shall be filed with, and on forms provided by the

Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition

to the Planning Commission.

appropriate agencies for comment. In addition, the Planning Commission will cause its staff to

review the facts and relevant information concerning a petition and render a report thereon. The

report shall be completed within 90 days of the Planning Commission’s receipt of a referral of a

petition from the Office of Administrative Hearings.

(d) Within 60 days of the receipt of its staff report and the comments of the

HPC on the petition, the Planning Commission shall review that report and give its

recommendations and the report to the Office of Administrative Hearings.

(e) Upon receipt of the recommendations of the Planning Commission, the

Office of Administrative Hearings shall schedule a hearing on the petition which must be held

within 45 days of the receipt of those recommendations. The hearing shall be before the County

Commissioners. The County Commissioners may extend the time for holding the hearing by

advising the Office of Administrative Hearings that a time extension is necessary.

(f) Upon finding that a proposed designation or expansion meets the intent of

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this subchapter, and that such designation or expansion is in the general interest of the citizens of

the county, the County Commissioners may designate or expand a historic site/structure/district

and, if such a designation is made, shall cause the change in the HDO to be posted on the official

County Zoning Map. After concluding a hearing on a petition, the County Commissioners shall

issue its decision within 30 days of the hearing.

(g) If the decision of the County Commissioners is to make such designation,

the County Attorney shall prepare an ordinance to effect that result within 5 days and the Zoning

Administrator shall cause a change in the map within 30 days of the decision.

(h) The County Commissioners may extend the time limitations imposed by

this section in its sole discretion.

(4) If the County Commissioners declines to designate a proposed, or expand an

existing, historic site/structure/district, after a public hearing thereon, no new petition for

designation or expansion for all or part of the same area may be filed within 2 years of the final

decision by the County Commissioners.

(5) The HDO also applies to any property in the HDO District as of December 1,

1995, which is designated a Historic District.

(F) Removal of HDO designation.

(1) Petitions for removal of the HDO designation from a historic site or structure

which is not located in an HDO District shall be initiated by the legal owners of such site or

structure.

(2) Each petition for removal of the HDO designation from a portion of a Historic

District shall be initiated by both the legal owners of a majority of the properties comprising the

HDO District and by the legal owners of a majority of the properties comprising the area of

proposed reduction.

(3) Petitions for removal of the HDO designation shall be filed with, and on forms

provided by, the Office of Administrative Hearings. The Office of Administrative Hearings will

refer the petition to the Planning Commission.

(4) The Planning Commission will refer the petition to the HPC and other appropriate

agencies for comment. In addition, the Planning Commission will cause its staff to review the facts

and relevant information concerning a petition and render a report thereon. The report shall be

completed within 90 days of the Planning Commission’s receipt of a referral of a petition from the

Office of Administrative Hearings.

(5) Within 60 days of the receipt of its staff report and the comments of the HPC on

the petition, the Planning Commission shall review that report and give its recommendations and

the report to the Office of Administrative Hearings.

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(6) Upon receipt of the recommendations of the Planning Commission, the Office of

Administrative Hearings shall schedule a hearing on the petition which must be held within 45

days of the receipt of those recommendations. The hearing shall be before the County

Commissioners. The County Commissioners may extend the time for holding the hearing by

advising the Office of Administrative Hearings that a time extension is necessary.

(7) If the County Commissioners find, after a public hearing on petition for removal,

that the property continues to meet the intent of this section, the County Commissioners may

reduce the HDO area by removing said part of the HDO and shall cause the change in the overlay

to be posted on the official County Zoning Map. After concluding a hearing on a petition, the

County Commissioners shall issue their decision within 30 days of the hearing.

(8) If the decision of the County Commissioners is to make such reduction, the

County Attorney shall prepare an ordinance to effect that result within 5 days, and the Zoning

Administrator shall cause a change in the map within 30 days of the decision.

(9) If the County Commissioners find, after a public hearing on a petition for

removal, that the property continues to meet the intent of this section, no new petition for removal

for all or part of the same area may be filed within 2 years of the final decision by the County

Commissioners.

(10) The County Commissioners may extend the time limitations imposed by this

section in its sole discretion.

(G) Work permits.

(1) Prior to the construction, alteration, reconstruction, repair, moving, or

demolition of any property in the HDO that would involve exterior changes which would affect

the historic, archaeological, or architectural significance of such property, which is visible, or is

intended to be visible, either wholly or partially, from a publicly maintained municipal, county, or

state road or pathway, the person or entity proposing to make such change shall file with the HPC

an application for permission to undertake the requested work and receive approval for the

requested work from the Commission.

(2) Activities which require a HDO work permit include, but are not limited to:

(a) Repair or replacement of roofs, gutters, siding, masonry, external doors and

windows, trim, lights, and other appurtenant fixtures, with different materials or different design;

(b) Removal or relocation of a building, structure, or object, or a visible portion

thereof, including outbuildings;

exterior of an existing building, structure, or object which requires a building permit;

(d) Removal, replacement, or enclosure of porches;

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(e) Basic alteration of materials, including installation of siding, shingles, or

masonry facing;

(f) Removal or topping of healthy trees which are significant because of their

substantial age or size, relationship to a historic structure or event, recognition as an important

species, or identification as having unusual or unique character or form; or which have been

identified in a survey or inventory of historic structures;

(g) Installation or removal of fencing or fence walls;

(h) Installation or removal of shutters;

(i) New paving, modification of paving materials, or removal of paving;

(j) Removal, installation, modification, or alteration of exterior architectural

features;

(k) Exterior sandblasting, water blasting, other abrasive cleaning, or chemical

cleaning; and

(l) First-time painting or permanent removal of paint.

(3) All applications for a HDO work permit shall be referred to and considered by

the HPC which shall accept or reject the application. The Commission shall act upon a completed

application within 45 days from the date that the completed application was filed with the

Commission unless an extension of this 45-day period is agreed upon mutually by the applicant

and the Commission or unless the application has been withdrawn. No permit for any such

construction or change may be granted until the HPC has acted thereon. An application which is

identical to the rejected application shall not be resubmitted within a period of one year after the

rejection.

(4) Activities which do not require a HDO work permit are the following:

(a) Routine maintenance, as defined in Md. Code, Land Use Article, § 8.01;

(b) Tree trimming or ground vegetation control activities in the vicinity of

electric and telephone wires when such work is necessary to the public safety and maintenance of

service reliability and is performed by or for a utility according to American National Standards

Institute A300 standards or other tree trimming and vegetation control standards set by agreement

between the utility and a state or local governmental agency; or

facilities, so long as the area in which such work is performed is returned to substantially the same

condition as before performance of the work.

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(5) If, after having first attempted to obtain an HDO work permit, the property

owner can show that a modification or denial of the proposal will cause undue financial hardship,

the property owner may apply for a variance pursuant to § 158.130. The burden of proof is on the

property owner to prove that the failure to approve an HDO work permit will result in undue

financial hardship or preclude any reasonable use of the property.

(6) All applications for an HDO work permit shall be reviewed by the HPC in

accordance with the guidelines and criteria adopted pursuant to division (D)(1)(g) above. Pursuant

to Md. Code, Art. 66B, § 8.07, interior features of a structure shall not be considered by the

Commission. In addition, in reviewing applications filed under the provisions of division (G)(2)

above, the HPC shall give consideration to:

(a) The historic, archaeological, or architectural significance of the site or

structure and its relationship to the historic, archaeological, or architectural significance of the

surrounding area;

(b) The relationship of the exterior architectural features of a structure to the

remainder of the structure and to the surrounding area;

arrangement, texture, and materials proposed to be used;

(d) Any other factors, including aesthetic and environmental factors, which the

Commission deems pertinent; and

(e) In cases of an application for work by a public utility company, the need for

the work in order to meet Public Service Commission requirements or to meet public need.

(H) Appeals. Any person aggrieved by any action or decision of the HPC has the right

of appeal to the BZA for the county, which shall hold a hearing thereon, and thereafter to the

Circuit Court for Carroll County in accordance with the Maryland Rules of Civil Procedure and in

accordance with the provisions of Md. Code, Land Use Article.

§ 158.096 MRO MINERAL RESOURCE OVERLAY.

(A) Purpose. This subchapter provides for the creation of an overlay designation to be

placed on the Zoning Maps, consisting of a MR wherein any land uses that preempt resource

recovery are prohibited, for a VRA where potentially recoverable mineral resources have been

identified and will be protected from preemptive development and for a half-mile MRN

surrounding the MR and the VRA in which any development should be clustered away from the

resource and notification of potential resource recovery activity is given.

(B) Mineral resource overlay (MRO).

(1) Within the county, there is hereby established an area designated an MRO. This

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MRO includes areas identified as containing a MR, a VRA, and those areas surrounding the

resource, identified as MRN. This overlay shall exist only in the “A” District, I-2 or I-1 on the

Zoning Maps as adopted or amended. There shall be no new Agricultural Land Preservation

Districts created pursuant to the Maryland Agricultural Land Preservation Program on any portion

of a parcel assigned an MR or a VRA designation.

(2) The owner of property which is not identified as being within an MR may

petition the county to place an MR designation on that person’s property subject to the following:

(a) The applicant for an MR designation shall submit for the property a

delineation of the extent of the mineral resource as mapped by the Maryland Geologic Survey on

the Mineral Resource Quadrangle Maps, scale 1:24,000. The applicant may request a modification

of the MR boundaries based upon an analysis performed by a qualified geologist which identifies,

locates, and estimates the amount and quality of the resource proposed for recovery. This analysis

may include a literature search, well logs, existing geologic maps, flood control studies, historic

aerial photographs, or other relevant data.

(b) Lands with an agricultural land preservation easement are not eligible for

the MR designation.

the following features and the mapped limit of the resource shall be:

1. One thousand feet from the nearest boundary of a village of historic

importance as defined in § 158.152, which has been designated at the time of approval of the

petition for the MR boundary.

2. Seven hundred feet from the nearest boundary of an area zoned for

residential use (R-40,000, R-20,000, R-10,000, R-7,500) at the time of establishment of the MR

boundary.

3. Seven hundred feet from the nearest property lines of schools, hospitals,

religious establishments, sewage pumping stations, sewage treatment plants, reservoirs, and water

filtration plants which are in existence at the time of establishment of the MR boundary.

(d) In addition to the criteria in § 158.096(B)(2), the Planning Commission may

use such additional criteria as it deems applicable in recommending the MR boundary.

(e) The Planning Commission shall review the information submitted by the

applicant and make a recommendation to the County Commissioners. The County Commissioners,

after holding a public hearing, shall approve, approve with modifications, or deny the petition for

an MRO designation.

(3) In a mineral resource recovery area (MR), all uses which are or may be permitted

in the underlying zone are prohibited except the following which are regulated as designated in the

underlying zone:

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(a) Mineral resource recovery operations as defined in § 158.002;

(b) Agriculture as defined in § 158.002;

any greenhouse heating plant, or any building or feeding pens in which farm animals are kept,

shall comply with the distance requirements specified in § 158.040;

(d) Borrow pits as defined in § 158.002;

(e) Riding academies and boarding stables in existing structures;

(f) Manufacture of brick or clay products;

(g) Coal yards;

(h) Copperage works;

(i) The use of heavy machinery for extracting, refining, processing, removing

and storing of excavated material, crushing, moving, washing, and screening;

(j) Bituminous concrete (blacktop) mixing plants;

(k) Concrete and ceramic products manufacture, including ready-mix concrete

plants;

(l) Cement, lime, gypsum, or plaster of paris manufacturing; and

(m) Public buildings, structures, and properties of the recreational, cultural,

administrative, or public service type, including fire, ambulance, or rescue services.

(4) Permitted uses are as follows:

(a) In the MRN, processing operations as defined in § 158.002 shall be a

permitted use, provided that the distances outlined in § 158.096(B)(2) are met and provided that

the processing operation is contiguous to an extractive operation in an adjacent MR. In the MRN,

extractive operations are not permitted.

(b) In the MRN, the uses allowed in the underlying district are permitted, with

special recommendations for clustering away from the resource and for notification.

site development plan area, and shall always be constructed behind landscaping, berms, and visual

buffers.

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(d) Landscaping, berms, and visual buffers shall comply with the provisions of

the Carroll County Landscape Manual as adopted by § 157.02 of this code.

(5) In a VRA, uses shall be clustered away from the mineral resource when possible.

If such clustering is not possible, then a transfer of development rights, as provided for in §

155.090(D), or development of the property as provided for in § 155.059, may occur at the owners’

option.

operations are allowed only in an area designated MR; the storage and removal of excavated

material is allowed within the approved final site development plan area; processing operations

are allowed in the MR, and may be allowed in the MRN, subject to the provisions of §

158.096(B)(4) of this chapter. All mineral resource recovery operations are subject to the

following:

(1) Mineral resource recovery operations, except for the storage and removal of

excavated material, shall be no closer than 200 feet to all adjoining property lines or any existing

or proposed public road right-of-way and 400 feet from any existing principal building on an

adjoining property. The Planning and Zoning Commission may increase the distance requirements

if it determines that adjacent land uses, geological, hydrogeological, topographical, natural

vegetative, or any other environmental feature causes a greater adverse effect at the proposed site

than desired.

(2) The minimum setback distances shall not apply to the common boundary where

the adjoining lot is used or planned for mineral resource recovery operations. Setbacks on the

remaining property lines shall meet the setback requirements in division (C)(1) of this section.

(3) A person engaging in mineral resource recovery operations shall locate and

conduct those operations on the site in a way that minimizes visual, auditory, and other sensory

effects on surrounding property owners.

(4) Processing operations outside the pit perimeter shall be housed in a covered

structure unless the Planning Commission determines, because of specific site conditions, this is

unnecessary based on the effects of the use on nearby properties.

(5) The site shall be developed and maintained in compliance with Chapter 157 and

the Carroll County Landscaping Manual.

(6) The line of sight shall be interrupted to the extent possible between mineral

resource recovery operations and adjacent properties zoned for residential use, or improved by a

residential dwelling, so as to reduce the visual intrusion of the operation on adjacent and nearby

properties.

(7) All permanent access roads shall be paved for a distance of at least 200 feet from

the adjoining public road. The paved cartway width shall be a minimum of 22 feet, and the

pavement type must be approved by the Carroll County Department of Public Works, or its success

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agency. Roads marked on a site plan and approved by the Planning Commission as temporary

may be of a stone construction type (i.e., crusher run).

(8) All excavated material stockpile operations and storage shall be conducted in

accordance with an approved site plan as set forth in Chapter 155.

(9) When the height of the excavated material stockpiles exceed the height of

adjacent landscaping berms for a period of time greater than 12 months, then such stockpiles must

be constructed using concurrent reclamation methods.

(10) Hours of operation are as follows:

(a) Extractive operations, and the storage and removal of excavated material,

shall be restricted to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to

7:00 p.m. Saturday.

(b) Processing operations, and nonextractive related activities (i.e.,

administrative, maintenance, repair), may be carried out on the premises beyond the allowed hours

of operation, provided that the sound level does not exceed the maximum acceptable limit allowed

by the state or Chapter 93, Noise.

be allowed if expressly permitted by the Zoning Administrator because of an operating emergency

or because of local or state need.

(11) The mineral resource recovery operations shall comply with all applicable

federal and state air pollution control laws and regulations. In the event of conflict between these

laws and regulations, the most restrictive legally applicable law or regulation shall apply. The

operator shall control and contain dust to prevent visible emissions from crossing the boundary of

the property.

(12) The mineral resource recovery operations shall comply with all federal, state,

and local laws regulating water resources management and protection. In the event of conflict

between these laws and regulations, the most restrictive legally applicable law or regulation shall

apply.

(13) The operator shall provide, prior to beginning a mineral resource recovery

operation, a contingency plan for well replacement whenever a public water supply surface intake,

public water supply well, or private water supply well is within the zone of influence as designated

by the state.

(14) Indenture provisions are as follows:

(a) Prior to the issuance of any Zoning Certificate under this chapter for

mineral resource recovery operation, the owner and operator shall enter into an indenture with and

provide a satisfactory bond or guaranty to the County Commissioners to ensure compliance with

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this chapter and the provision of related public improvements, adequate landscaping, fencing,

screening, health and safety safeguards, reclamation and restoration plans including regrading, site

access, draining, or other treatment as required by this chapter at the completion of the extraction

or processing operation. The indenture shall be prepared by the County Attorney, and the bond or

guaranty shall be satisfactory to the County Commissioners.

(b) The indenture shall include language discussing the availability of the

water pumped in dewatering a site for a public water supply and the use of any resulting reservoir

when the site is abandoned for a public water supply.

Commissioners a copy of all necessary state permits or letters of certification from each state

agency that it has completed its review of the proposed mining operations and is prepared to issue

its permit before the Zoning Certificate may be issued.

(d) Prior to the completion of an indenture, the County Commissioners may

impose any other condition, limitation, or requirement which they deem necessary, to protect the

public health, safety, or welfare of the people of the county.

(15) The reclamation plan shall consider providing for use of any water-filled pits

as a public water supply. Other proposed land uses for the reclaimed site shall be detailed.

Reclamation plans shall be developed with consideration to the condition of adjoining mineral

resource recovery operations.

(16) When the property on which the mineral resource recovery is planned to take

place contains a historic structure, or a known archaeological site, any documentation sent to the

state concerning the structure shall also be forwarded to the Carroll County Department of Land

and Resource Management, or its successor agency, to ensure that the structure and site are

surveyed.

(17) All plans for mineral resource recovery operations shall be submitted to the

Planning Commission pursuant to the provisions of § 155.059.

(18) Prior to site plan approval, the Planning Commission shall determine the

adequacy of transportation facilities on the local land route as detailed in the traffic impact study.

If inadequacy is determined by the Planning Commission, the Planning Commission will consult

with the County Commissioners and the Director of Public Works, or its success agency, to make

a determination as to the extent the public works agreement may be adjusted to include road

improvements that would alleviate the inadequacy.

§ 158.097 H HERITAGE DISTRICT.

(A) Applicability. The following regulations and applicable regulations contained in

other sections and subchapters shall apply in the H District.

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(B) Principal permitted uses. Principal permitted uses shall be as follows:

(1) Agriculture, as defined in this chapter, provided any building or feeding pens in

which farm animals are kept shall comply with distance requirements specified in § 158.040;

(2) Religious establishments;

(3) Single-family dwellings and two-family dwellings;

(4) Buildings and properties of a cultural, civic, educational, social or community

service type, such as libraries, ponds, playgrounds, and community centers but not warehouses,

service garages, and storage yards; and

(5) Conversion of a building existing prior to August 17, 1965 to accommodate 2

families, provided that the requirements of §§ 155.075 through 155.078 as well as the requirements

of the Carroll County Health Department are complied with.

authorization shall be as follows:

(1) Antique and gift shops;

(2) Reestablishment of C-1 and C-2 District type uses on locations where such uses

became vacant or discontinued prior to November 12, 1970;

(3) Agricultural uses for the raising of animals for fur, experimental, or other similar

purposes, such as rats, rabbits, mice, monkeys, etc., provided that such uses shall be subject to 3

times the distance requirements specified in § 158.040;

(4) Conversion of existing buildings to accommodate more than 2 families;

(5) Relocation of businesses existing as of November 12, 1970, to another site within

the H District upon application by the legal landowner of record at the location of the existing

business use;

(6) Bed-and-breakfast inn, subject to the provisions of § 158.071(D)(6); and

(7) Country inn, subject to the provisions of § 158.071(D)(7).

(D) Accessory uses. Accessory uses shall be those as enumerated in § 158.073(E).

(E) Height regulations. Height regulations shall be as enumerated in § 158.073(F).

(F) Bulk requirements.

(1) Bulk requirements. Bulk requirements shall be as follows:

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Use

Lot Area

Lot Width

Lot Area per Family

Conditional uses

20,000 sq. ft.

100

Dwellings and other principal

permitted uses

20,000 sq. ft.

100

20,000 sq. ft.

Religious establishments

2 acres

200

(2) Front, rear, and side yard depths. Front minimum setbacks shall be

determined on a case-by-case basis by computing the existing front yard depths of adjacent

properties as measured from the centerline of the public right-of-way upon which the property

borders to the front of the principal building. Minimum front setbacks shall be a distance equal to

the shortest front yard depth of the adjacent properties. Side yards must be at least 10% of the

width of the lot. Rear yards must be at least 10% of the depth of the lot.

§ 158.098 COMMERCIAL CAMPING AREA.

(A) General regulations. Every commercial camping area shall comply with all sanitary

and other requirements prescribed by law or regulations, and the following requirements, unless

the following requirements are waived or modified by the Planning Commission:

(1) Every such area where permitted shall be generally located in a wooded area or

be screened either by a wooded area or by the natural topography and be at least 1,000 feet from

any Residence District, 500 feet from any existing dwelling on adjacent property, or officially

designated federal or state numbered highway or county road designated as a primary or secondary

highway on the Major Road Plan of Carroll County, 100 feet from any other public road, and 50

feet from any property line in any case.

(2) Each campsite shall have an area of at least 2,000 square feet including parking

space for one car, and no camp site shall be closer than 100 feet to any property line. The campsites,

together with any nonaccessory buildings, shall not occupy in the aggregate more than 35% of the

gross area of the designated camping area.

(3) An adequate water supply having the approval of the Carroll County Health

Department shall be provided at one or more convenient locations in every camping area, not less

than 150 feet from every site.

(4) Sanitary toilet facilities approved by the Carroll County Health Department shall

be provided not more than 600 feet from any site, and if not of a flush-type connection with a

sewage disposal unit, such disposal facilities shall be at least 200 feet from all campsites.

(5) Showers or other commonly accepted bathing facilities shall be provided at a ratio

of 4 (2 for men, 2 for women) per 30 campsites at one or more locations, provided that the Planning

Commission may waive this requirement when the camping area is of a small primitive type and

contains less than 15 campsites.

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(6) Sanitary receptacles for the collection and storage of refuse shall be provided at

convenient locations to be emptied regularly and the contents disposed of in a sanitary manner.

(7) No vehicular entrance to or exit from any camping area containing more than 15

individual campsites shall be located within 400 feet along the roads of any school, religious

establishment, or any institution for children or dependents.

(8) No retail business or merchandising other than that which is subordinate to the

operation of the camping areas and intended only for its occupants shall be permitted.

(B) Standards.

(1) Access points. Provision for separating entering and exiting traffic shall be by

means of a grassed median or island-type arrangement, unless owing to exceptional or unusual

topographic conditions the Planning Commission agrees to an alternate method.

(2) Camping area road/drives. Provision shall be made to limit two-way traffic

whenever possible; where necessary, such roads should be a minimum width of 25 feet. One-way

roads and drives should be a minimum of 12 feet in width. All roads and drives shall be designed

with regard to the topography and constructed and stabilized to withstand all weather, with dust

controlled wherever possible.

(3) Clearing. This activity shall be strictly limited in order to retain as much natural

cover as possible. In this connection, provision shall be made for stable and level areas or pads on

each individual site to safely accommodate camping vehicles and facilities.

(4) Campsite arrangements. Campsites shall be arranged along loop, horseshoe,

or daisy-type drives in order to promote the maximum amount of privacy possible to the individual

campsite unless an alternate method can be clearly demonstrated to carry out the objective of

maximum privacy and adequate design. Open space areas shall effectively separate groups of

campsites (usually not exceeding 30) from one another. Each individual campsite shall be

numbered and clearly marked on a concrete, redwood, or other acceptable permanent marker and

correspond with any approved site development plan.

(5) Fencing and screening. This shall be provided wherever necessary and needed

by virtue of topographic or other conditions.

(6) Fire control. In addition to any requirements of state or county fire laws, a fire

control plan shall be outlined and submitted for the Planning Commission’s review and

consideration. In addition, the site development plan shall indicate fire pits to be provided and

designed to discourage indiscriminate fire building throughout the camping area.

(7) Site development plan. Any new commercial camping area or any expansion

or modification of an existing commercial camping area shall be subject to the requirements of §

155.059 and the Development Review Manual.

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SIGNS

§ 158.110 APPLICABILITY.

In order to properly integrate all regulating provisions affecting signs, as defined in §

158.002, and to regulate such devices in an orderly and comprehensive manner, it is hereby

provided that signs are subject to regulations as set forth herein. These provisions shall apply

equally to all signs located in the unincorporated areas of the county.

§ 158.111 SIGNS PERMITTED WITHOUT ZONING CERTIFICATE.

The following signs are permitted without a Zoning Certificate in any district, provided

that the following conditions are adhered to:

(A) Signs indicating the name and/or premises or accessory use of a home for a home

occupation or professional purposes, not exceeding 3 square feet in area;

(B) Signs not exceeding 30 square feet on a farm advertising farm products primarily

grown on the premises, provided that they are located off the highway right-of-way and do not

interfere with traffic visibility;

containing the meeting date of a community or civic club or the advertising of an event of public

interest;

(D) Temporary real estate signs which offer a residential property for sale or lease, subject

to the following conditions and limitations:

(1) On a property having an area of less than 2 acres, the sign may have 2 sides (or

faces), and the area of each sign face shall be no larger than 9 square feet, and the top of the sign

shall be no higher from the ground than 5 feet. On a property of 2 acres or larger, the sign may

have 2 sides (or faces), and each sign face shall not exceed 24 square feet and the top of the sign

can be no higher than 10 feet from the ground.

(2) Only one sign is allowed on a property offered for sale or lease, except in

situations where the property fronts on more than one street, in which case no more than 2 signs

are allowed on the property.

(3) Signs shall not be placed on a property closer than 6 feet to any property line.

(4) Any sign set up or located pursuant to this section must be removed on the day

of settlement of the real estate transaction. The person who placed the sign and the company whose

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name appears on the sign shall be responsible to remove signs as required by this section.

(5) In addition to those signs authorized in division (D)(2) above, one additional sign

for each sign authorized therein is authorized on the property to advertise an open house during

the time period of 12:00 noon Saturday until sunset Sunday or during the time period the house is

actually open for showing without prior appointment.

(6) Signs offering a property for sale or lease and advertising an open house may be

located off the premises when the property being offered has limited or no road frontage as

determined by the Zoning Administrator. In those cases where there is limited or no road frontage,

one sign is allowed on the property being offered, and one sign is authorized on another property.

For purposes of this section, limited road frontage is less than 15 feet of frontage, unless the Zoning

Administrator rules otherwise as to a specific property.

(7) No sign shall be located on a property that is not being offered for sale or lease

without the express permission of the person having authority to grant such permission for the

property on which the sign is located. For purposes of this section, if the permission of the property

owner has not been given in writing, it shall be presumed that no permission was given.

(8) Between the hours of 12:00 noon on Saturday and sunset on Sunday, signs

advertising property for sale or lease may be placed in a road right-of-way owned by the county

whether the right-of-way is owned in fee or otherwise, subject to the rights of the owners of the

underlying fee, if any. Signs that are placed in a county road right-of-way may have 2 sides (or

faces), and each sign face may have an area of no larger than 4 square feet, and the top of the sign

may be no higher from the ground than 3 feet. If a sign is placed in a county right-of-way, no object

may be placed on the sign that extends above the top of the sign or extends the width of the sign

to more than 2 feet.

(9) Notwithstanding any provision herein to the contrary, no sign shall be located in

any place where its location constitutes a condition adverse to traffic safety. Such signs may be

removed at any time, and the company and agent of the company so locating the sign shall be

liable for any damage that is caused as a result of the sign’s location, and each shall be in violation

of this chapter and liable to the county for the cost of removing a sign located on property in

violation of this chapter. The Bureau of Roads Operations, or its successor agency, is hereby

authorized to establish areas in which signs are prohibited in any county right-of-way.

(10) Notwithstanding any provision herein to the contrary, signs shall not be placed

in the traveled portion of any highway or on the shoulder of any highway.

(11) Signs shall not be attached to utility poles, trees, fences, or other signs.

(E) Notwithstanding any other provision of this chapter, temporary real estate signs which

offer for sale or lease properties comprised of 5 lawfully recorded lots may have a sign face area

of no larger than 100 square feet per sign face;

(F) Building contractors and professional persons temporary signs on buildings under

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construction, limited to a total area for all such signs of 150 square feet;

(G) Directional signs, intended to move traffic, direct the flow of traffic, or manage a

specific activity on the site; and signs that warn of construction activity either on site or in the

immediate vicinity. These signs may not include advertising; and

(H) Political signs and signs on the inside of store windows are exempt from regulation

hereunder.

§ 158.112 SIGNS REQUIRING ZONING CERTIFICATE.

The following signs are permitted in accordance with zoning district regulations and

require a Zoning Certificate:

(A) Signs, business; and

(B) Signs, outdoor advertising.

§ 158.113 GENERAL REGULATIONS.

All signs shall be subject to the following general provisions:

(A) No sign shall be permitted which is an imitation of or which resembles an official

control device, railroad sign, or signal, or which hides from view or interferes with the

effectiveness of an official traffic control device or any railroad sign, signal, or traffic sight lines.

Illuminated signs shall be constructed to avoid glare or reflection on any portion of an adjacent

highway or residential buildings. However, no flashing or rotating flashing illumination shall be

permitted.

(B) No sign which uses the word “stop” or “danger,” or presents or implies the need or

requirement of stopping or the existence of danger shall be displayed.

obscene indecent, or immoral character, or such as will offend public morals or decency.

(D) No sign shall be placed on rocks, trees, or poles maintained by public utilities.

(E) No sign shall be permitted which becomes unsafe or endangers the safety of a

building, premises, or person, and unless maintained in a good general condition and in a

reasonable state of repair, the Zoning Administrator shall order such sign to be made safe or

repaired, and such order shall be complied with within 5 days of the receipt of such order.

(F) No sign shall be located on the right-of-way for any road.

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§ 158.114 USE-ON-THE-PREMISES SIGNS.

Business signs pertaining to use-on-the-premises, as an accessory use in all districts,

provided that the following provisions are adhered to:

(A) No such sign shall project over or into any street right-of-way or more than 4 feet

above the parapet wall or roofline.

(B) Any sign which is attached to the ground shall be located in such a manner that traffic

visibility is not impaired.

being used as a tenant front. Only one building frontage shall be used in computing the sign area

allowance, except on a corner lot, in which case an additional 25% of the sign area allowed may

be authorized. In no case shall the area of any one sign exceed 200 square feet on any one side.

Computations of signs shall include all sides (where applicable) including the entire face of the

sign and any wall work incidental to its decoration and shall include the space between letter

figures and designs or the space within letter figures and designs.

(D) No exterior sign shall exceed 30 feet in total height, as measured from the adjacent

public road, if freestanding. Only one freestanding sign is permitted, except if located in a PCC,

Business Park, Industrial Park, or Business/Industrial Park.

(1) A PCC, Business Park, or Industrial Park fronting on more than one street may

erect one additional sign not exceeding 200 square feet in area containing the names of the PCC

or Park, or establishments located therein, that may be placed in any location within the boundaries

of the project within the required yard area along each street.

(2) For each interior business in a PCC, Business Park, Industrial Park, or

Business/Industrial Park, signs may be permitted not to exceed an area 4 square feet for each linear

foot of store frontage and located in accordance with a signage plan approved by the Planning

Commission.

(E) No business sign shall obstruct the vision of motorists using entranceways, driveways,

or any public road intersection.

(F) A sign must be set back from a public road right-of-way line by at least 5 feet. No

freestanding sign shall be located closer than 20 feet to a side property line or 5 feet to a front

property line.

(G) Temporary signs located on the premises of a business which advertise special events

of the business subject to all distance, yard, and setback requirements and subject to the following

limitations:

(1) Area. The sign shall be no larger than 36 square feet per side and shall have no

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more than 2 sides. If temporary single faced signs are used, no more than 2 temporary single

faced signs may be used.

(2) Time limit. The sign may not be located at the business for longer than 30 days

prior to the special event. The Zoning Administrator shall prohibit the use of temporary signs if it

appears that the use is intended to avoid the restrictions on permanent signs. Temporary signs

may be used no more than twice per calendar year.

(3) Anchoring. The sign must be anchored to the ground or to a permanent

structure to prevent it from being moved by force of nature.

(4) Signs on wheels. Signs on wheels are prohibited, as are signs designed to be

affixed to a wheeled chassis but which have either been removed from the chassis or have never

been so attached.

(5) Approval. Prior to using the sign, a person shall have been issued a zoning

certificate and must obtain the approval of the Zoning Administrator, who shall review the request

to determine if the sign constitutes a potential hazard to health, safety, or welfare; or whether the

use of the sign is for a truly temporary purpose rather than for a purpose that would require

additional regulation under other provisions of this chapter.

(6) May be allowed. The Zoning Administrator may allow the use of pennants,

banners, streamers, tethered balloons, or inflatables.

(H) Notwithstanding any other provision of this chapter, the total area of all signs on the

premises of a fuel station shall not exceed 200 square feet, except as authorized in division (C).

Canopy signage at a fuel station may not exceed 36 square feet at each face.

(I) In the Employment Campus District, the following provisions shall also be adhered

to:

(1) Sign locations shall be permitted as follows for each building:

(a) One freestanding sign at a point near the parking or building entrance; and

(b) A building mounted tenant identification system for each tenant.

(2) The following are prohibited:

(a) Flashing or moving signs;

(b) Exposed neon signs; and

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§ 158.115 USE-OFF-THE-PREMISES SIGNS.

(A) Outdoor advertising signs pertaining to use off the premises may be permitted in the

Commercial and Industrial Districts, except as further restricted.

(B) Outdoor advertising signs shall be subject to the following restrictions:

(1) A maximum height of 10 feet, measured from the grade of the adjacent roadway

including any extensions or cutouts or the grade of the sign location, whichever is greater;

(2) A maximum sign area of 32 square feet. Side-by-side signs shall be subject to this

maximum of 32 square feet, and back-to-back signs may have 32 square feet for each side;

(3) A minimum setback of 10 feet;

(4) A minimum of 300 feet between outdoor advertising signs located in a Business

District and 800 feet between outdoor advertising signs located in an Industrial District. In the case

of existing dual-lane highways, each side of such dual-lane highway shall be considered separately

in determining such spacing requirement. In the case of single-lane highways, spacing shall be

determined and measured between signs regardless of the side of the highway on which they are

located or proposed;

(5) A minimum of 300 feet from an intersection on the following major highways,

State Routes 26, 30, 140, and 97 from 26 and 140; and 100 feet from any other intersection;

provided, however, that outdoor advertising signs may be affixed to or located directly adjacent to

a building at intersections in such a manner as not to materially cause any greater obstruction of

vision than caused by the building itself. The distance from an intersection shall be measured from

the centerline of an intersecting street; and

(6) Prior to issuance of a Zoning Certificate for an outdoor advertising sign, the

Zoning Administrator or the Administrator’s designee shall conduct an informal conference on the

Zoning Certificate application to allow for public notice and comment. The Zoning Administrator

or the Administrator’s designee shall allow all persons who are present at the conference an

opportunity to be heard concerning the application.

(a) Prior to the informal conference, the Zoning Administrator shall cause the

property to be posted with notice of the pendency of the application and cause the adjoining

property owners to be notified of the application by first class mail. The notice shall contain the

date, time, and place of the conference.

(b) Within 15 days of the conference, the Zoning Administrator shall decide

whether to issue the Zoning Certificate or issue a written denial.

would violate the spirit and intent of this chapter, or cause or be likely to cause substantial injury

to the public health, safety, and general welfare. The Zoning Administrator shall be guided in

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making this decision by the considerations set forth in § 158.133(G).

continue to be used, the copy may be changed, and such signs may be rebuilt or replaced; provided,

however, that notwithstanding the provisions of § 158.033, such nonconforming signs may not be

enlarged in height or area beyond that which existed on August 18, 2003. All nonconforming signs

shall be registered with the Zoning Administrator by completing a registration application,

including but not limited to: the location of the sign including distances from all property

boundaries and roadways; the height, size and dimensions of the sign; the building materials that

the sign is constructed of; an affidavit of the property owner; and an affidavit of the lessee of the

property and/or developer of the sign.

(D) Conversion of existing outdoor advertising signs.

(1) Signs located in the C-1, C-2, C-3, I-1, and I-2 Zoning Districts may be changed

to an electronic message or Trivision outdoor advertising sign provided that any such sign

converted shall meet the following standards:

(a) Each electronic message outdoor advertising sign must have a light sensing

device that will adjust brightness as the ambient light changes.

(b) Each message on the sign must be displayed for a minimum of 10 seconds.

not exceed one second.

(d) All electronic message outdoor advertising signs must be equipped with

automatic dimming-capability that adjusts the luminance of the displayed information based on

ambient light conditions so as to not exceed 0.3 foot candles above ambient light, as measured

using a foot candle meter at a pre-set distance as listed. Signs up to 300 square feet of area to be

measured at a distance of 150 feet; signs greater than 300 square feet shall be measured at a

distance of 250 feet. A written certification from the sign manufacturer that the light intensity of

the sign display will be pre-set to conform to the brightness levels established by this code shall

be required prior to approval.

(2) Prior to issuance of a Zoning Certificate for an outdoor advertising sign to be

converted to an electronic message outdoor advertising sign in the commercial Districts, the

Zoning Administrator shall conduct a Zoning Administrator's hearing in accordance with §

158.030(G) and (H), on the Zoning Certificate application to allow for public notice and comment.

The Zoning Administrator shall allow all persons who are present at the hearing an opportunity to

be heard concerning the application.

(a) Prior to the hearing, the Zoning Administrator shall cause the property to be

posted with notice of the pendency of the application and cause the adjoining property owners to

be notified of the application by first-class mail. The notice shall contain the date, time, and place

of the conference.

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(b) Within 15 days of the hearing, the Zoning Administrator shall decide

whether to issue the Zoning Certificate or issue a written denial.

would violate the spirit and intent of this chapter, or cause or be likely to cause substantial injury

to the public health, safety, and general welfare. The Zoning Administrator shall be guided in

making this decision by the considerations set forth in § 158.133(I).

(d) The provisions of § 158.115(D)(1)(a) through (D)(1)(d) herein shall apply.

(E) Hampstead Route 30 Bypass.

(1) Notwithstanding the restrictions set forth in divisions (B) and (C) above, no

outdoor advertising sign shall be located within 1,000 feet of the public road right-of-way along

either side of the Hampstead Route 30 Bypass measured from the closest part of the proposed

outdoor advertising sign located to the closest area of the right-of-way.

(2) All outdoor advertising signs erected under this provision shall conform to all

front, rear and side yard setbacks and lot area requirements for the zoning district in winch they

are constructed. Variances to the 1,000-foot distance requirement in division (E)(1) above may not

be obtained.

(3) No outdoor advertising signs shall be located within 1,000 feet of another

outdoor advertising sign if on the same side of the Hampstead Route 30 Bypass. The distance shall

be measured along a straight line between the nearest point of the existing outdoor advertising sign

and the nearest point of the proposed outdoor advertising.

(4) The restrictions set forth in this section shall not apply to use-on-premises signs.

ADMINISTRATION AND ENFORCEMENT

§ 158.130 EXCEPTIONS AND MODIFICATIONS.

(A) Applicability. The regulations specified in this chapter and Chapter 155 shall be

subject to the following exceptions, modifications, and interpretations.

(B) Lot area modification. In any district where a single-family dwelling is permitted,

a dwelling may be erected on any lot or parcel of record, despite the fact that the lot or parcel does

not meet the minimum area requirements of this chapter, provided that:

(1) The lot or parcel (including any yard requirements) was lawfully created in

compliance with all zoning and subdivision regulations applicable at the time the lot or parcel was

created;

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(2) For yards, where the lot or parcel was created prior to August 17, 1965:

(a) The side yards must be at least 10% of the width of the lot, but need not

exceed the side yard requirements of the district in which the lot is located;

(b) The front yard shall be determined on a case-by-case basis by computing

the average of existing front yard depths of adjacent properties as measured from the centerline of

the public right-of-way upon which the properties border within 200 feet in each direction; and

requirements of the district in which the lot is located.

(3) All other regulations, including the standards of the Maryland Department of

Health and Mental Hygiene and the Carroll County Health Department, are complied with. The

Zoning Administrator may deny a permit for the erection of a dwelling on a lot which is

substandard in area or yard if, because of extraordinary conditions, construction of a dwelling on

the lot would present a danger to health or safety.

(1) Where the average setback line of at least 2 existing buildings on lots which are

on the same side of the street or road and within 200 feet of the lot in question is less than the

minimum setback prescribed by this chapter, the minimum setback line shall be the average

setback line of all buildings within 200 feet of the proposed building. However, in no case shall

the setback line be less than 35 feet from the centerline of any abutting road or street.

(2) Accessory buildings shall adhere to minimum front and side yard requirements

unless they are located totally in the rear yard, in which case the side and rear setbacks shall be a

minimum of 5 feet.

(D) Projection into yards.

(1) If attached to the principal building, a carport or a one-story open porch with or

without a roof may extend into any required yard not more than 25% of the minimum required

depth of a front or rear yard or of the minimum required width of a side yard.

(2) Projections such as bay windows, chimneys, entrances, vestibules, balconies,

eaves and leaders may extend into any required yard not more than 4 feet, provided that such

projections (except eaves) are not over 10 feet in length.

(3) Fences and walls shall be exempt from building line and yard requirements

unless they cause obstructions to vision.

(4) Canopies designed to shelter pump islands at fuel stations are exempt from the

yard requirements of this chapter, but shall be subject to review and approval pursuant to the

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requirements for site plan approval in § 155.059. In addition, a canopy may be prohibited or

restricted if the Zoning Administrator determines that the canopy constitutes an obstruction to

traffic or the visibility of motorists on or entering a highway. Pump islands and support for a

canopy shall comply with all yard and setback requirements of this chapter.

(E) Height.

(1) Building height limitations shall not apply to water tanks, barns, windmills, silos,

or other accessory farm structures; or to material storage silos or bins, belfries, steeples, spires,

electric or communication poles or towers, electric generating plants, electric transforming or

switching equipment, radio, television, or radar towers, chimneys or smoke stacks, flagpoles, fire

or observation towers, cupolas, domes, monuments, penthouses, or roof structures for housing

stairways; or to tanks, ventilating fans, air-conditioning equipment or similar equipment required

to operate and maintain the building. No penthouse or roof structure shall have a total area greater

than 25% of the roof area. This provision shall not apply to wind energy systems.

(2) In any A or R District, the height of a building may be extended to not over 40

feet, if each side yard is increased in width one-half foot for each additional one foot of height

above the normal maximum limit.

(3) On any lot where the average finished slope adjoining the building exceeds 7%

grade, one story in addition to the number permitted in the zone in which such lot is situated shall

be permitted on the downhill side of any building erected, but the building height limit shall not

otherwise be increased above that specified for the zone.

(4) In any zone where public or quasi-public buildings or schools (public or private)

are permitted, such buildings may be erected to a height of 120 feet, but the minimum front, rear,

and side yards shall be increased one foot for each foot of height above the limit established for

the zone in which the building is erected.

(F) Application; limits.

(1) A person shall apply to the Zoning Administrator for a variance or administrative

adjustment from the height, setback, parking, loading, dimensional, area, width, sign, and distance

requirements as specified in this chapter or as specified in Chapter 155 unless a simultaneous

application for a conditional use has been filed with the BZA pursuant to § 158.133(D). The

application shall be made on a form and in a manner prescribed by the Zoning Administrator.

(2) The maximum variation from a requirement as listed in division A shall be as

follows:

(a) Height: 75%;

(b) Setback: 75%;

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(d) Loading: 75%;

(e) Distance: 80%;

(f) Area of solar energy conversion facilities as accessory uses in the C

Conservation district: 80%;

(g) Other dimensional requirements: 80%; and

(h) Area: 75%.

(3) For the following variances or administrative adjustments, a person shall apply

to the BZA:

(a) Setback or distance requirements for communications towers; and

(b) Variances or administrative adjustments exceeding the maximum variation

in division B, or which would be necessary to abate a permit or zoning violation.

(G) Procedure.

(1) The Zoning Administrator shall conduct a public hearing on the application for

the variance or administrative adjustment. Any person may be present, and the Zoning

Administrator shall allow all persons who are present an opportunity to present evidence or

testimony concerning the application.

(2) Prior to the public hearing, the Zoning Administrator shall post the property with

notice of the pendency of the application at least 14 days in advance of the hearing and shall notify

the adjoining property owners of the application by first class mail of the date, time, and place of

the hearing at least 14 days in advance of the hearing.

(H) Decision. Within 15 days of the public hearing, the Zoning Administrator shall

decide the issue raised by the application. The decision shall be in writing and provide a brief

explanation of the law and findings of fact which support it. In making the decision, the Zoning

Administrator may grant the variance or administrative adjustment only in cases where the strict

compliance with the terms of this chapter or Chapter 155 would result in practical difficulty or

unreasonable hardship which has not been caused by the act of the applicant or the applicant’s

predecessors in title. The Zoning Administrator may not grant a variance or administrative

adjustment if to do so would violate the purpose and intent of the regulation, or cause or be likely

to cause substantial injury to the public health, safety, and general welfare. The Zoning

Administrator shall be guided in making this decision by the considerations set forth in §

158.133(G).

(I) Appeals.

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(1) An appeal of a variance, accessory use, or administrative adjustment decision to

the BZA may be filed within 30 days of the date of the Zoning Administrator’s written decision in

accordance with § 158.133(D).

(2) A decision of the Zoning Administrator made pursuant to this subchapter is final

and constitutes a zoning action. Unless timely appealed, parties may not thereafter challenge the

decision.

(3) The BZA may grant or deny the requested variance, accessory use, or

administrative adjustment based on the evidence before it after a de novo hearing applying the

same standards and criteria set forth in § 158.130(H). The BZA shall issue a written decision within

30 days of the hearing, unless otherwise extended by the BZA.

§ 158.131 ZONING ADMINISTRATOR.

(A) There is hereby established the office of Zoning Administrator. The office shall be

filled by a person appointed by the County Commissioners. Any person appointed to the office

shall be or become, upon appointment, a resident of the county and shall be qualified by education,

experience, or training to administer and enforce the provisions of this chapter. Any person so

appointed shall maintain no interest in any matter which may be construed by the County

Commissioners to be in conflict with the duties and decisions of the office of Zoning

Administrator.

(B) The provisions of this chapter, Chapter 155, and Chapter 157 shall be enforced by the

Zoning Administrator. Appeal from a decision of the Zoning Administrator shall be made to the

BZA as provided in § 158.133(D).

the duty or authority to issue permits or licenses shall issue no permit or license for any use,

building, or purpose if the same would be in conflict with the provisions of this chapter. Any permit

issued in conflict with the provisions of this chapter shall be null and void.

(D) The Zoning Administrator shall maintain a file for inspection by the public of issues

of interpretation of this chapter and Chapter 155.

§ 158.132 ZONING CERTIFICATES.

(A) It shall be unlawful for an owner to use or to permit the use of any building, structure,

or land or part thereof, hereafter created, erected, changed, converted, or enlarged, wholly or in

part, until a Zoning Certificate shall have been issued by the Zoning Administrator. A Zoning

Certificate shall be revocable, subject to continued compliance with all requirements and

conditions.

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(B) All applications for Zoning Certificates shall be accompanied by plans drawn to scale,

showing the dimensions and shape of the lot to be built upon; the size and location of existing

buildings, if any; and the location and dimensions of the proposed building or alteration. Where

no buildings are involved, the location of the present use and/or proposed use to be made of the

lot shall be shown. The application and/or plans shall include such other information as reasonably

may be required by the Zoning Administrator to determine conformance with and provide for the

enforcement of this chapter. The plans shall be retained in the office of the Zoning Administrator.

the application complies with the requirements of this chapter, and provided that such Zoning

Certificate shall be conditioned where necessary on the approval of the Carroll County Health

Officer, state and/or County Bureau of Roads Operations, Planning Commission, or any other

agency concerned, and provided the application is accompanied by the required fee. The Zoning

Administrator shall maintain a record of all Zoning Certificates and copies shall be furnished upon

request to any person upon payment of the cost therefor. If a Zoning Certificate is issued, such

approval and issuance thereof does not sanction variance from the terms of this chapter.

(D) If the Zoning Administrator shall find any of the provisions of this chapter being

violated, the Zoning Administrator shall notify in writing, by first class mail, the owner or the

person responsible for such violation, indicating the nature of the violation and ordering the action

necessary to correct it. Proof of mailing shall be sufficient evidence that the notice was delivered,

and notice shall be deemed delivered upon the expiration of 5 days from the date the notice was

mailed. The Zoning Administrator shall order discontinuance of illegal use of land, buildings, or

structures; removal of illegal buildings or structures or additions or alterations or structural changes

thereto; discontinuance of any illegal work being done; and shall, unless compliance is met within

a reasonable time, take any other action authorized by this chapter to ensure compliance with or

prevent violation of its provisions.

(E) A Zoning Certificate shall become void one year after the date of issuance if the

construction or use for which the certificate was issued has not been started.

Penalty, see § 158.999

§ 158.133 BOARD OF ZONING APPEALS.

(A) Creation; composition in accordance with statute. The BZA of Carroll County is

hereby created and designated the BZA. The number of members of said BZA, their terms of

office, succession, removal, filling of vacancies, alternate membership, and their powers and duties

shall be as provided in Md. Code, Land Use Article.

(B) General powers.

(1) The BZA shall have the following powers:

(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 regard to the

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enforcement of this chapter, Chapter 155, or Chapter 157;

(b) To hear and decide conditional uses; and

the ordinance as will not be contrary to the public interest, where owing to special conditions, the

enforcement of the provisions of this chapter will result in unwarranted hardship and injustice and

which will most nearly accomplish the purpose and intent of the regulations of this chapter.

(2) In exercising the above-mentioned powers, the BZA may, in conformity with

the provisions of law and this chapter and amendments thereto, reverse or affirm, wholly or in part,

or may modify the order, requirement, decision, or determination appealed from, and may make

such order, requirement, decision, or determination as ought to be made.

(3) The BZA is also empowered to adopt and promulgate such rules and regulations

as it shall deem necessary in the conduct of its hearings and the issuance of its decisions or

testimony pertaining to its hearings.

(4) Prior to consideration of any conditional use pursuant to this section, the BZA

shall cause the application to be forwarded to the Secretary of the Planning Commission for a

formal finding with regard to comprehensive plan consistency in accordance with the provisions

of Md. Code, Land Use Article, §§ 1-301 and 1-303.

rules shall be amended, if necessary, in accordance with the provisions of this chapter. Meetings

of the BZA shall be held at the call of the Chair, and at such other times as the BZA may determine.

The Chair, or in the Chair’s absence, the Vice Chair, may administer oaths and compel the

attendance of witness. For assistance in reaching decisions relative to appeals, conditional uses, or

variances, the BZA may request testimony at its hearings for purposes of securing technical aid or

factual evidence from the Planning Commission or any county agency. All meetings of the BZA

shall be open to the public pursuant to the State Open Meetings Act. The BZA shall keep minutes

of its proceedings and shall keep records of all its official actions, all of which shall be public

records.

(D) Appeals and applications.

(1) An appeal to the BZA pursuant to Md. Code, Land Use Article, § 4.07, pursuant

to division (B)(1)(a) above, or pursuant to an application for a conditional use pursuant to division

(B)(1)(b) above shall be filed as part of an application for a Zoning Certificate.

(2) An appeal from an order, requirement, determination, or a decision of an

administrative official enforcing the provisions of Md. Code, Art. 66B, this chapter, Chapter 155,

or Chapter 157 shall be filed within 30 days from the date of the action being appealed.

(3) The appeal or application shall be on forms approved by the BZA and shall

include the names and addresses of all owners of property contiguous to the property which is the

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subject of the proceedings as of the date the application is filed. In the event a transfer of ownership

has occurred prior to the filing of the application and after its preparation, the appellant or applicant

shall advise the BZA of the transfer within 10 days of the date the application or appeal was filed

by giving the name and address of the new owners.

(4) Upon receipt of an application or appeal made or filed pursuant to division

(D)(1), the Zoning Administrator shall review the application or appeal for completeness, shall

reject those applications which are not complete, and reject those that do not seek relief available

by law.

(5) Upon determination that the application is proper or an appeal complete, the

BZA shall notify the administrative official from whom the appeal is taken that an application or

appeal has been filed.

(6) The BZA shall schedule hearings promptly upon the receipt of an appeal or a

completed application.

(7) If evidence is offered during the hearing concerning site plans, site or building

locations, or any plans of construction which are not included as part of the application for a

building permit/Zoning Certificate, those plans shall be incorporated in the application, and no

substantial change shall be made in the plans presented to the BZA without the approval of the

BZA. The BZA shall not approve a substantial change in the plans unless a hearing is held.

(8) The BZA shall decide all cases within 30 days of the date of its last hearing on

the matter and issue its written decision during that period, unless the time for making the decision

is extended during that period by the BZA.

(9) Time shall be calculated in accordance with the Maryland Rules of Civil

Procedure.

(E) Notice of hearings.

(1) Notice of a hearing shall be advertised in one issue of a newspaper having

general circulation in the county. The notice shall be published in the newspaper at least 14

calendar days prior to the hearing.

(2) Property upon which the application or appeal is concerned shall be posted

conspicuously by a notice no less in size than 22 inches by 28 inches at least 14 calendar days

before the date of the hearing.

(3) Notice of the hearing shall be sent by first class mail to the appellant or person

making application to the BZA no less than 14 calendar days prior to the first scheduled hearing.

(4) At least 14 calendar days prior to the first scheduled hearing, notice of the

hearing shall be sent by first-class mail to those persons identified by the appellant or applicant as

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persons owning property contiguous to the property which is the subject of the proceeding. Notice

shall be sufficient if given to the person shown as the owner on the tax rolls and sent to the address

where tax bills are sent.

(5) The notice required by division (E)(1) and (E)(3) above shall be limited to notice

that an appeal or application has been filed with the BZA and shall provide information concerning

who may be contacted to obtain additional information about the proceeding.

(6) Regarding utility equipment and towers, notwithstanding any other provision in

this chapter, any application filed under § 158.039, shall require the following:

(a) Notice of a hearing shall be advertised in one issue of a newspaper having

general circulation in the county at least 60 calendar days prior to the hearing.

(b) Property which is the subject of the application or appeal shall be posted

conspicuously by a notice or notices not less in size than 22 inches by 28 inches at least 60 calendar

days before the date of the hearing.

person making application to the BZA and to those persons identified by the appellant or applicant

as persons owning property contiguous to the property which is the subject of the proceeding no

less than 60 calendar days prior to the first scheduled hearing. In cases where a contiguous property

is also owned by the applicant, this notice shall also be sent to property owners whose property

abuts the applicant’s contiguous property. Notice shall be sufficient if given to the person shown

as the owner on the tax rolls and sent to the address where tax bills are sent.

(7) Notice is not defective under division (E)(2) above if it would cause a reasonable

person to inquire into the proceedings. Notice is not defective under division (E)(4) above unless:

(a) The applicant or appellant caused the wrong address or name to be included

on the application or appeal and the person who claims defective notice proves a lack of actual

notice; and

(b) That constructive notice was given in such a way that it was unlikely to have

caused that person’s inquiry into the proceedings.

(F) Hearings.

(1) Hearings shall be conducted according to the BZA’s rules of procedure, and any

party may appear and be heard in person or by agent or attorney.

(2) Requests for postponement of a scheduled hearing shall be filed in writing with

the BZA not less than 10 days prior to the date of hearing and shall be accompanied by a sum of

money sufficient to pay the cost of advertising the postponement and the rescheduled hearing. The

granting of such requests shall be at the discretion of the Chair of the BZA.

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(3) Requests for postponement filed later than 10 days prior to the date of a scheduled

hearing shall, in addition to the other requirements set forth in division (F)(2) above, be supported

by an affidavit of the party making the request or of some other credible person. The affidavit shall

be based on personal knowledge and set forth all facts upon which the request for postponement

is based. The granting of such request shall be at the discretion of the BZA in cases of extreme

hardship or upon good cause shown.

(4) The BZA may, upon its own initiative, postpone a scheduled hearing at any time.

(5) The BZA may continue a hearing to another time and/or date once such hearing

has been started; however, the BZA shall announce the date and hour of continuance for such

hearing while in session.

(6) The BZA, upon application in writing by any interested party filed with the BZA

no less than 10 days prior to the date of scheduled hearing, the BZA shall visit the specific property

involved prior to the hearing. The BZA, in its discretion, may otherwise visit the property prior to

or after the hearing. The BZA shall include in the record of its proceedings the fact of site visits

and advise the parties of the date and time of the visit if made prior to a decision but after the

hearing has opened.

(G) Limitations, guides, and standards. Where in these regulations certain powers are

conferred upon the BZA or the approval of the BZA is required before a conditional use may be

issued, the BZA shall study the specific property involved, as well as the neighborhood, and

consider all testimony and data submitted. The application for a conditional use shall not be

approved where the BZA finds the proposed use would adversely affect the public health, safety,

security, morals, or general welfare, would result in dangerous traffic conditions, or would

jeopardize the lives or property of people living in the neighborhood. In deciding such matters, the

BZA shall give consideration, among other things, to the following:

(1) The number of people residing or working in the immediate area concerned;

(2) The orderly growth of a community;

(3) Traffic conditions and facilities;

(4) The effect of the proposed use upon the peaceful enjoyment of people in their

homes;

(5) The conservation of property values;

(6) The effect of odors, dust, gas, smoke, fumes, vibrations, glare, and noise upon

the use of surrounding property values;

(7) The most appropriate use of land and structures;

(8) Public convenience and necessity;

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(9) Type and kind of structures in the vicinity where public gatherings may be held,

such as schools, religious establishments, etc.;

(10) Compatibility; and

(11) The purpose of this chapter as set forth herein.

(H) Decision.

(1) Time frame. If the application is disapproved by the BZA, thereafter the BZA

shall take no further action on another application for substantially the same proposal, on the same

premises, until after 2 years from the date of such disapproval.

(2) Appeals. If an appeal to the BZA is filed and the public hearing date is set and

duly advertised and properly posted and thereafter the applicant withdraws the appeal, the

applicant shall be precluded from filing another appeal on the same issues.

(3) Approvals.

(a) If the application is approved by the BZA which does not require a site plan,

the approval shall become void unless a building permit conforming to the plans for which the

approval was granted is obtained within 6 months.

(b) An approval for which a building permit is not required shall become void

unless the use or variance is implemented within one year of the date of the written decision.

concept site plan has been submitted for distribution to the reviewing agencies and accepted by the

Bureau of Development Review, or its successor agency, within 6 months from the date of the

written decision. An approval for which a site plan is required may become void if the property

owner or developer fails to take action to secure an approval of the site plan from the Planning

Commission in a timely manner, as determined by the Bureau of Development Review.

(d) An applicant may apply to the BZA for one extension of up to 12 months

upon a showing of good cause.

(4) Reconsideration. An applicant may request reconsideration of a condition of

approval within 30 days of the date of the written decision. At the BZA’s discretion, the BZA may

hold a hearing on the request or may reissue the decision with modifications or corrections. A

reconsideration may not challenge the granting or denial of the application. A request for

reconsideration stays the time for appealing the decision granting or denying the application until

such time as the BZA decides on the reconsideration request.

(I) Fees. A filing fee shall accompany each application for an appeal to the BZA, as may

be determined by the County Commissioners.

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§ 158.134 AMENDMENTS.

(A) Amendments; public hearing; annexed areas.

(1) These regulations, restrictions, and provisions and the boundaries of the districts

may from time to time be amended, supplemented, changed, modified, or repealed by the County

Commissioners. Any person or officer, department, board, commission, or bureau of the county

may petition for such change or amendment; however, no such change or amendment shall become

effective until 10 days after at least one public hearing in relation thereto, at which parties in

interest and citizens shall have an opportunity to be heard. The county shall publish notice of the

time and place of a public hearing, together with a summary of the proposed regulation, restriction,

or boundary, in at least one newspaper of general circulation in the county once each week for 2

successive weeks.

(2) In the event any area is annexed by an incorporated town or municipality, upon

receipt of a copy of the annexation resolution of the incorporated town or municipality and a

certification from the incorporated town or municipality that no further legal action is possible to

prevent the annexation resolution from becoming fully effective, the County Commissioners shall

immediately thereafter cause a change in the official Zoning Maps without regard to the procedures

or regulations set forth in § 158.134.

(B) Referral to Planning Commission.

(1) The County Commissioners shall refer all proposed changes and amendments to

these regulations or amendments to Chapter 155 or Chapter 158 or proposed changes in a zoning

district or Zoning Map to the Planning Commission for review and comment.

(2) The Planning Commission shall study zoning, its development, application, and

relation to public and private development and its relation to other phases of the Master Plan for

the development and may, from time to time, submit amendments to these regulations or changes

in the district boundaries to the Commissioners of the county. However, no such amendment or

change shall become effective until approved by the County Commissioners, as required by this

subchapter.

of zoning classification on a specific property (piecemeal rezoning).

(1) A petition to change the zoning of a specific property shall be filed with the

Department of Planning or its successor agency.

(2) The property shall be:

(a) Posted at least 14 days before the hearing date; and

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(b) The county shall publish notice of the time and place of the public hearing,

together with a summary of the proposed change, in one newspaper of general circulation in the

county once each week for 2 successive weeks.

(3) Where the purpose and effect of the proposed amendment is to change the zoning

classification, the local legislative body shall make findings of fact that include the following

matters:

(a) Population change;

(b) The availability of public facilities;

(d) Compatibility with existing and proposed development for the area;

(e) The recommendation of the Planning Commission; and

(f) The relationship of the proposed amendment to the county’s Master Plan.

(4) The County Commissioners may grant the amendment to change the zoning

classification based on a finding that there was:

(a) A substantial change in the character of the neighborhood where the property

is located; or

(b) A mistake in the existing zoning classification.

(5) The County Commissioners shall keep a complete record of the hearing and the

votes of all members.

(6) If a petition for a change in a zoning district boundary has been filed, and is

withdrawn by the petitioner, after the Planning Commission has caused its staff to render a report

thereon, or if the County Commissioners declines to rezone the property after a hearing thereon,

no new petition for a change of zoning for all or part of the same property may be filed within one

year of the date the applicant withdraws the petition or the action of the County Commissioners to

decline to rezone becomes final.

(7) Every application for a change in zoning of district boundaries shall be

accompanied by a scale drawing, showing the existing and proposed boundaries and such other

information as may be needed to properly locate and plat the amendment on the official Zoning

Maps. All plats shall be submitted on a labeled CD-ROM in a digital format compatible with the

county’s current geographic information system.

(8) A filing fee shall be charged for processing an application for a change in zoning,

as may be determined by the County Commissioners of the county.

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(D) Comprehensive rezoning.

(1) The County Commissioners or staff may recommend for review the entire

county or a geographic portion thereof for a comprehensive rezoning. Any such rezoning shall be

referred to the Planning Commission for review and comment. No such change shall take effect

until 10 days after at least one public hearing has been held by the County Commissioners where

parties in interest and citizens have had an opportunity to be heard.

(2) The county shall publish notice of the time and place of the public hearing,

together with a summary of the proposed change, in one newspaper of general circulation in the

county once each week for 2 successive weeks.

§ 158.135 ENFORCEMENT.

In addition to other remedies, the County Commissioners, the Zoning Administrator, or

any adjacent or neighboring property owner may institute injunction, mandamus, abatement, or

other appropriate action or proceedings to compel compliance with the provisions of this chapter.

§ 158.136 CIVIL ZONING VIOLATIONS.

(A) In addition to and not in substitution for any other penalty imposed for a violation

hereof, or for any other right or remedy available hereunder, there is hereby established a civil

penalty for a violation of this chapter, as set forth in § 158.999.

(B) A citation may be delivered either by personal delivery to the person named on the

citation or by mail to the person named on the citation at the address of the zoning violation or the

address to which tax bills for the property are sent, or both.

citation is effective if accomplished by mail at the end of the fifth day after deposit in the mail,

postage prepaid, of the notice or citation, respectively.

Penalty, see § 158.999

SPECIFIC USES

§ 158.150 MOBILE HOMES.

No person shall park, store, or occupy a mobile home (nor allow or permit parking, storage,

or occupancy of a mobile home), for living or other purposes, except:

(A) As a temporary accessory use by a licensed contractor in any district for road,

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commercial, public, or quasi-public construction projects. Such use shall be limited to construction

office or storage, and shelter for a caretaker;

(B) In order to provide assistance in the pursuit of agriculture by providing for the shelter

of tenant labor necessary for successful operation of agricultural enterprises, or members of an

immediate family of the owner of the farm who provide assistance in the operation of said farm,

the Zoning Administrator may approve the use of no more than 2 mobile homes on such a farm,

subject to the following conditions:

(1) To provide a home for members of an immediate family of said farm who assist

the owner in the operation of the subject farm;

(2) To provide a home for tenant labor employed full time on the farm;

(3) The requirements of the Carroll County Health Department and the Carroll

County Construction Codes shall be met;

(4) The mobile home shall be located in the immediate vicinity of and as an integral

part of other major farm buildings, and in no case more than 300 feet therefrom, and abide by the

setback and side yard requirements of the district in which the property is located;

(5) A farm or any portion thereof that is not actively employed in agricultural

production shall not be considered by the Zoning Administrator in connection with a request for

the placement of a mobile home thereon. Farms or portions thereof enrolled in United States

Department of Agriculture soil bank programs, or similar programs shall be considered inactive

and not eligible for consideration under this provision; and

(6) A minimum of 50 acres engaged in the active production of the land shall be

required for location of a mobile home under this section, provided that where annual gross sales

from the raising of farm products on the premises exceeds $50,000, the minimum acreage

requirement shall be 20 acres.

land may permit parking or occupancy for a period not to exceed one month in any calendar year;

(D) In conjunction with an industrial location as an accessory use in an I-1 or I-2 Districts

for such purposes as a caretaker;

(E) Camping or recreational mobile homes in any district, as an accessory use, and not

used for living or business purposes unless in a bona fide recreational camping area or as specified

under division (H) below;

(F) In case of fire or other disaster, one mobile home may be permitted on the same

premises with Zoning Administrator approval for living purposes as a temporary use in any district

as a supplementary residence for a period of one year from date of establishment. The Zoning

Administrator shall consider and may approve any additional extension of time beyond the one-

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year period;

(G) In the event any existing mobile home is required to be moved, the Zoning

Administrator may, in case of proven, extreme hardship, extend such use for a specified temporary

period of time; or

(H) In the event of a major rehabilitation or rebuilding of an existing home, one mobile

home may be permitted on the same premises with Zoning Administrator approval, for living

purposes as a temporary use in any district, subject to the following conditions:

(1) Documentation by the property owner of sufficient evidence to establish the

rehabilitation or rebuilding of the home, including but not limited to construction plans, building

permits, and approved financing;

(2) The property shall be a minimum of one acre;

(3) The mobile home shall be connected to a private well and septic system;

(4) The temporary use shall not exceed a period of one year;

(5) The mobile home shall be disconnected from the water supply and sanitation and

removed from the site within 60 days of issuance of the use and occupancy certificate for the home;

and

(6) While being used for living purposes pursuant to this division (H), the mobile

home, camper, or recreational vehicle shall be equipped with proper smoke detectors.

§ 158.151 SMALL WIND ENERGY SYSTEMS.

(A) Applicability. In order to properly integrate all regulating provisions affecting small

wind energy systems, as defined in § 158.002, and to regulate such systems in an orderly and

comprehensive manner, it is hereby provided that small wind energy systems are subject to the

regulations as set forth herein. The purpose of this subchapter is to oversee the permitting of small

wind energy systems, and to preserve and protect public health and safety without significantly

increasing the cost or decreasing the efficiency of a small wind energy system. These provisions

shall apply to all small wind energy systems located in the county.

(B) Standards. A small wind energy system shall be an accessory use in all zoning

districts subject to the following requirements:

(1) Setbacks. A wind tower for a small wind energy system shall be set back a

distance equal to its total height plus an additional 20 feet from:

(a) any state or county right-of-way or the nearest edge of a state or county

roadway, whichever is closer;

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(b) Any right of ingress or egress on the owner’s property;

(d) All property lines; and

(e) Any existing guy wire, anchor, or small wind energy tower on the property.

(2) Access.

(a) All ground mounted electrical and control equipment shall be labeled and

secured to prevent unauthorized access; and

(b) The tower shall be designed and installed so as to not provide step bolts or

a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(3) Electrical wires. All electrical wires associated with a small wind energy

system, other than wires necessary to connect the wind generator to the wind tower wiring, the

wind tower wiring to the disconnect junction box, and the grounding wires shall be located

underground.

(4) Lighting. A wind tower and generator shall not be artificially lighted unless

such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of

the small wind energy systems, such as appurtenant structures, shall be limited to that required for

safety purposes, and shall be reasonably shielded from abutting properties.

(5) Appearance, color, and finish. The wind generator and wind tower shall

remain painted or finished the color or finish that was originally applied by the manufacturer.

(6) Signs. All signs, other than the manufacturer’s or installer’s identification,

appropriate warning signs, or owner identification on a wind generator, wind tower, building, or

other structure associated with a small wind energy system visible from any public road shall be

prohibited.

(7) Code compliance. A small wind energy system including wind tower shall

comply with all applicable construction and electrical codes.

(8) Utility notification and interconnection. Small wind energy systems that

connect to the electric utility shall comply with the Public Service Commission (“PSC”)

regulations.

(9) Attachment to building. Small wind energy systems may be attached to any

building, including guy wires, provided the county approves the submittal of documentation sealed

by an engineer licensed by the state showing the proposed connection of the system to the structure

and whether any additional reinforcing is required. The county may not be found liable for damage

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caused by noise or vibration created by the system.

(10) Met towers. Met towers shall be permitted under the same standards, permit

requirements, restoration requirements, and permit procedures as a small wind energy system.

(11) Quantity. Each property is eligible for 2 small wind energy systems only,

except properties of at least 50 contiguous acres may be allowed one additional system for an

accessory structure only. An accessory structure does not include a detached accessory dwelling

on the property.

(1) A small wind energy system that is out-of-service for a continuous 6 month

period will be deemed to have been abandoned. The Zoning Administrator may issue a notice of

abandonment to the owner of a small wind energy system that is deemed to have been abandoned.

The owner shall have the right to respond in writing to the notice of abandonment setting forth the

reasons for operational difficulty and providing a reasonable timetable for corrective action, within

30 days from the date of the notice. The Zoning Administrator shall withdraw the notice of

abandonment and notify the owner that the notice has been withdrawn if the owner provides

information that demonstrates the wind energy system has not been abandoned.

(2) If the small wind energy system is determined to be abandoned, the owner of a

small wind energy system shall remove the wind generator from the wind tower at the owner’s

sole expense within 3 months of the date of notice of abandonment. If the owner fails to remove

the wind generator from the wind tower, the Zoning Administrator may pursue a legal action to

have the wind generator removed at the owner’s expense.

(D) Public Service Commission. In accordance with the Md. Code, Public Utilities

Companies Article, § 7-207.1, any property owner seeking to construct a small wind energy system

and connect such system to the main power grid with the capability of transporting energy back to

their main power company shall apply to the PSC for approval and provide documentation of such

approval to the County prior to construction and being issued a building permit.

(E) Variances. Variances to the distances, restrictions, and standards contained in this

subchapter are not permitted.

(F) Noise. All small wind energy systems shall comply with the limitations contained in

the County Code, Chapter 93, Noise.

(G) Violations. It is unlawful for any person to construct, install, or operate a small wind

energy system that is not in compliance with this chapter or with any condition contained in a

building permit issued pursuant to this chapter.

Penalty, see § 158.999

§ 158.152 VILLAGES OF HISTORIC IMPORTANCE.

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(A) Purpose. The intent of this designation is to recognize a town or village as

historically important. No parallels exist between this designation and any other historic

preservation program. No historic district commissions will be created nor precluded from being

created as a result of applying this designation, and no property owners’ rights within the

designated area will be affected in any way as a result of this designation. Alterations, conversions,

or demolition procedures and regulations are in no way affected by the inclusion of land within

this designation.

(B) Designation procedure.

(1) Nominations in writing may be made by a municipality, the Carroll County

Historical Society, the Planning Commission, the Carroll County HPC, a local citizen group, or

heritage committee.

(2) In submitting a nomination, the applicant shall delineate a boundary for the

designation which follows distinguishable physical land features (e.g., roads, fence lines, hedge

rows, streams, property lines, easements, or other landmarks).

(3) The Planning Commission staff will prepare a report following a field

investigation and study upon the receipt of a nomination and present the report to the Planning

Commission for its consideration.

(4) Prior to making a determination and recommendation the Planning Commission

shall consider the following:

(a) The number and location of identifiable historic structures and properties and

their architectural significance;

(b) Any and all information and documentation that has been provided by the

County HPC together with the Planning Commission assessments as to the nomination’s historic

importance and its recommendation on the nomination; and

existing historical structures.

(5) In making recommendations to the BZA regarding the location of any boundary

for an area being considered for a Village of Historic Importance designation, only that area which

the Planning Commission deems to be reasonably and rationally related to the historic structures

and properties which form the historic area shall be included.

(6) The Planning Commission may recommend approval, approval with

modifications, or disapproval of a nomination to the BZA.

(7) Upon receipt of the Planning Commission’s recommendation, the BZA will hold

a public hearing on the nomination, together with the report and recommendation of the Planning

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Commission. All property owners within or contiguous to the boundary of any area under

consideration will be notified by first class mail of the date and time of public hearing by the

applicant for the Village of Historic Importance designation on forms provided by the county.

(8) The BZA, following public hearing and review, will render a decision as to

whether to designate a Village of Historic Importance and make a final determination on the

location of the boundaries which form the designation. Any approved designation shall be adopted

as an amendment to the Master Plan, and the boundary of such designation shall be accurately

represented on the Zoning Map to enable a determination of any applicable distance requirement

pursuant to § 158.096(B)(2).

§ 158.153 SOLAR ENERGY CONVERSION FACILITIES.

(A) Purpose. The intent of this section to provide for the safe, effective and efficient

utilization of solar energy systems while protecting the rights, health, safety and welfare of

adjoining land uses and landowners through appropriate zoning and land use controls.

(B) Solar energy conversion facilities, accessory.

(1) This use shall be permitted in all districts.

(2) Size limits:

(a) In the R and C Districts, the physical size of the system shall be limited to

the size of the roof, or roofs of structures, situated on the subject property, when roof mounted.

Ground-mounted systems shall be no larger than the square footage of solar panel surface area

allowed based on the size of the lot as shown below. In the event that a combination of roof-

mounted and ground-mounted systems is utilized, the total solar panel surface area cannot exceed

the aggregate square footage of the roof areas on the property on which the system is installed. No

variance or waiver to the size or setback requirements of the ground-mounted system is allowed

in the Residential districts. A variance may be requested under § 158.130(F)(2)(f) for lots more

than 3 acres in size in the C District; documentation from a North American Board of Certified

Energy Practitioners (NABCEP) certified professional solar panel installer must be included to

demonstrate that the total size allowable is inadequate to power 100% of the home and accessory

structures based on the previous 12 months of usage and identify the additional size and number

of panels needed to meet 100% of the expected energy use. Wall-mounted systems are not

permitted.

Lot Size

Solar Panel Surface Area Maximum Square Footage for

Ground-Mounted Systems

Less than or equal to one-half acre

120 square feet

More than one-half acre to one acre

240 square feet

More than one acre to 3 acres

480 square feet

More than 3 acres

Aggregate square footage of the roof, or roofs of structures,

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situated on the subject property

(b) In the A District, the physical size of the system shall be limited to the size

of the roof, or roofs of structures, situated on the subject property, when roof mounted, or no larger

than the aggregation of the roof area of all permitted structures on site, when ground mounted. In

the event that a combination of roof-mounted and ground-mounted systems is utilized, the total

area cannot exceed the aggregate square footage of the roof areas on the property on which the

system is installed.

physical size of the system shall be limited to the size of the roof, or roofs, of structures situated

on the subject property, when roof mounted, or in the C-2 and C-3 Districts, no larger than the

aggregate of the roof area of all permitted structures on site, when ground mounted. Ground-

mounted systems up to 120 square feet may be authorized in the C-1 District. No variance or

waiver to the size of ground-mounted systems is allowed.

(3) Setbacks. Ground-mounted facilities shall satisfy the minimum side and rear

yard setback requirements for the district in which the use is situated. No portion of such facility

shall be located within a front yard in any district.

(4) Height limits. No portion of the system shall extend more than 10 feet from the

highest portion of the principal structure to which it is attached. The total height of the building,

including all portions of the solar facility, shall comply with the height regulations as set forth in

the bulk requirements for the individual district in which the use is proposed. Ground-mounted

systems may not exceed a total height of 10 feet above existing grade.

(5) Miscellaneous provisions.

(a) Electrical connections:

1. If interconnected to the local utility grid, a copy of the conditional

approval from the local utility must be provided prior to, or at the time of, permit application.

2. All systems must meet all applicable construction and electrical codes.

3. Systems that connect to the electric utility power grid shall comply with

all utility notification requirements.

4. A copy of the signed certificate of completion from the utility company

shall be provided prior to occupancy permit issuance.

5. When batteries are included, they must be placed in a secure container or

enclosure per manufacturer's specifications; screened from view.

(b) Appearance:

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1. Color must remain as it was originally provided by the manufacturer, or

match the exterior of the principal structure.

2. No signs other than the manufacturer's, or installer's identification,

appropriate warning signs; and not more than 2 manufacturers' signs may be on the system.

3. Glare must be mitigated away from an adjoining property or adjacent

road, which shall be certified by the solar installer prior to installation.

4. The system cannot unreasonably interfere with the view of, or from, a

site of significant public interest (scenic road, historic resources, etc.).

5. Ground-mounted systems may not be affixed to a block wall or a fence.

6. Roof-mounted systems shall be installed in such a manner that there is

no change in relief or projection.

7. A property owner who has installed or intends to install a solar energy

conversion facility shall be responsible for negotiating with adjacent property owners for any

necessary solar access easement and shall record the easement with the Clerk of the Court. Property

owners who fail to secure an easement for the receipt of solar energy act at their own peril.

Districts.

(1) Solar energy conversion facilities shall be permitted in the C-1 and Employment

Campus Districts when roof mounted. No ground mounted systems shall be permitted in the C-1

or Employment Campus Districts. Solar energy conversion facilities mounted on parking canopies

are considered roof-mounted systems.

(2) Solar energy conversion facilities shall be permitted in the C-2 District when

roof mounted. Ground mounted systems are permitted by conditional use in the C-2 District.

(3) Solar energy conversion facilities shall be permitted by right in the C-3 District

whether roof mounted or ground mounted.

(4) Size limits:

(a) In the C-1 and Employment Campus Districts, the physical size of the

system shall be limited to the size of the roof.

(b) There shall be no size limit for systems in the C-2 and C-3 Districts.

(5) Setbacks:

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(a) Setbacks shall be 400 feet from the boundaries of all adjoining residentially

zoned properties, and 200 feet from the boundary lines of adjoining nonresidential zoned

properties.

(b) The Planning Commission may reduce required setback for any yard

setback by up to 50% provided that supplemental landscaping, as may be determined by the

Planning Commission, is provided.

(6) Height limits: No portion of the system shall extend more than 10 feet from the

highest portion of the principal structure to which it is attached. The total height of the building,

including all portions of the solar facility, shall comply with the height regulations as set forth in

the bulk requirements for the individual district in which the use is proposed. Ground mounted

system may not exceed a total height of 25 feet above existing grade.

(7) Miscellaneous provisions:

(a) Electrical connections:

1. Prior to interconnection with the local utility grid, a copy of the

conditional approval from the local utility must be provided prior to or at the time of permit

application.

2. All systems must meet all applicable construction and electrical codes.

3. All systems shall comply with all utility notification requirements.

4. A copy of the signed certificate of completion from the utility company

shall be provided prior to occupancy permit issuance.

5. When batteries are included, they must be placed in a secure container

or enclosure per manufacturer's specifications; screened from view.

(b) Appearance:

1. Color must remain as it was originally provided by the manufacturer, or

match the exterior of the principal structure.

2. No signs other than the manufacturer's, or installer's identification,

appropriate warning signs; and not more than 2 manufacturers' signs may be on the system.

3. Glare must be mitigated away from an adjoining property or adjacent

road when it creates a nuisance or hazard.

4. The system cannot unreasonably interfere with the view of, or from, a

site of significant public interest (scenic road, historic resources, etc.).

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5. Ground mounted systems may not be affixed to a block wall or a fence.

6. Roof mounted systems shall be installed in such a manner that there is

no change in relief or projection.

(D) Solar energy conversion facilities, in industrial zones.

(1) Solar energy conversion facilities shall be permitted in the I-2 and I-1 Districts

whether roof mounted or ground mounted.

(2) Size limits:

(a) When roof mounted, the physical size of the system shall be limited to the

size of the roof.

(b) There shall be no size limit for ground mounted systems.

(3) Setbacks:

(a) Setbacks shall be 200 feet from the boundaries of all adjoining residentially

zoned properties, and 100 feet from the boundary lines of adjoining nonresidentially zoned

properties.

(b) The Planning Commission may reduce required setback for any yard

setback by up to 50% provided that supplemental landscaping, as may be determined by the

Planning Commission, is provided.

(4) Height limits: No portion of the system shall extend more than 25 feet from the

highest portion of the principal structure to which it is attached. The total height of the building,

including all portions of the solar facility, shall comply with the height regulations as set forth in

the bulk requirements for the individual district in which the use is proposed. Ground mounted

system may not exceed a total height of 25 feet above existing grade.

(5) Miscellaneous provisions:

(a) Electrical connections:

1. Prior to interconnection with the local utility grid, a copy of the

conditional approval from the local utility must be provided prior to or at the time of permit

application.

2. All systems must meet all applicable construction and electrical codes.

3. All systems shall comply with all utility notification requirements.

4. A copy of the signed certificate of completion from the utility company

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shall be provided prior to occupancy permit issuance.

5. When batteries are included, they must be placed in a secure container

or enclosure per manufacturer's specifications; screened from view.

(b) Appearance:

1. Color must remain as it was originally provided by the manufacturer, or

match the exterior of the principal structure.

2. No signs other than the manufacturer's, or installer's identification,

appropriate warning signs; and not more than 2 manufacturers' signs may be on the system.

3. Ground mounted systems may not be affixed to a block wall or a fence.

4. Roof mounted systems shall be installed in such a manner that there is

no change in relief or projection.

§ 158.154 ADULT ENTERTAINMENT BUSINESS, MASSAGE ESTABLISHMENT, OR

STRIPTEASE BUSINESS.

(A) An adult entertainment business, a massage establishment or a striptease business may

not be located within 1,000 feet of:

(1) A religious establishment;

(2) A public or private school;

(3) A public park or public recreational facility;

(4) A public library;

(5) A childcare home, childcare institution, or family day care home licensed or

registered under state law; or

(6) A lot zoned residentially or devoted primarily to residential use.

(B) An adult entertainment business, a massage establishment or a striptease business

may not be located within 2,500 feet of another adult entertainment business, massage

establishment or striptease business.

§ 158.155 JUNKYARDS.

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(A) A junkyard may be authorized by conditional use, provided that:

(1) The area used shall not exceed 5 acres;

(2) The uses shall be totally enclosed with adequate fencing; and

(3) No operations, including storage or sale of parts, shall be closer than 300 feet to any

public highway.

§ 158.156 INDUSTRIAL PARK.

(A) An Industrial Park is a self-contained development area of at least 10 acres that is

cohesive, with a common development scheme, and approved as a single development plan.

(1) An Industrial Park is permitted in the I-1 District, and principal uses include all uses

permitted by right or authorized by conditional use in the I-1 District, except the following:

(a) Airport;

(b) Bus terminal;

(d) Contractor’s equipment storage facility;

(e) Oil contaminated soil facility;

(f) Solar energy conversion facility, ground mounted; and

(g) Storage of sludge

(2) Additional principal uses permitted may include uses permitted by right or

authorized by conditional use in the commercial districts, provided that these uses and the

supporting parking lot area collectively comprise no more than 20% of the land area of the entire

Industrial Park. However, the following uses permitted in the commercial districts are prohibited

in an Industrial Park:

(a) Adult day care facility;

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(b) Assisted living facility;

(d) Commercial kennel;

(e) Retail store greater than 10,000 square feet in size;

(f) Crematorium;

(g) Drug rehabilitation clinic;

(h) Dwellings;

(i) Funeral establishment;

(j) Hospice facility;

(k) Hospital;

(l) Indoor theater;

(m) Nursing home;

(n) Outdoor drive-in theater;

(o) Outdoor recreation;

(p) Outdoor trap, skeet, rifle, or archery ranges, including gun clubs;

(q) Self-service storage facility;

(r) Tattoo or piercing establishment;

(s) Vehicle repair; and

(t) Vehicle sales.

(3) The following principal uses are also permitted by right in an Industrial Park,

without being subject to the percentage limitations above:

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(a) Conference center; and

(b) Hotel.

(4) The following temporary use is prohibited in an Industrial Park: Flea market

(5) Multiple nonindustrial accessory uses may be permitted, provided that no accessory

use shall exceed 5,000 square feet, except a day care center or health club, which may be up to

6,000 square feet, and provided that, in aggregate, the nonindustrial accessory uses do not exceed

10% of the acreage of the entire Industrial Park.

(6) Landscaping, signs, walkways, and parking will be provided in an integrated and

harmonious design.

(7) An Industrial Park may be subject to subdivision if it is over twenty acres in size.

If an Industrial Park is between ten and twenty acres in size, it may not be further subdivided and

must remain under common ownership.

§ 158.157 ABOVE GROUND STORAGE OF PETROLEUM PRODUCTS.

Above ground petroleum products storage tanks, any one of which has the capacity in

excess of 2,000 gallons, may be approved provided that all County, state and federal laws, as well

as NFPA codes are complied with. The storage of petroleum products shall comply with setback

requirements as specified by NFPA, but not less than 100 feet from all property lines.

§ 158.158 SELF-SERVICE STORAGE FACILITY.

Self- service storage facilities may be permitted in the C-2 and C-3 Districts, subject to the

following conditions:

(A) Maximum individual storage unit height shall be 15 feet.

(B) Maximum area of each individual storage unit shall be 500 square feet.

compatible with the neighborhood and surrounding properties.

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(D) A business office may be located on site, and the required parking spaces for employees

shall be located adjacent to the business office. Required parking may not be rented, used for

storage of vehicles, or other storage.

(E) Areas providing access between storage units and areas designed for two-way vehicular

traffic shall be 20 feet wide. One-way vehicular traffic aisles with units on one side may be 15 feet

wide. Access aisles and storage units shall be designed and located to provide maneuvering space

for emergency vehicles.

(F) All outdoor lighting must be shielded and focused to direct light onto the premises and

away from adjoining properties.

(G) All structures, storage units, commercial parking areas, accessory vehicle storage areas,

aisles, security fences, or walls, except the front building facade, shall be screened from view off

site.

(H) The site shall not be used for any activity or use except storage as specified herein.

(I) Flammable, toxic, or explosive materials or hazardous chemicals shall not be stored on

site; provided, however, that fuel contained in standard fuel tanks of boats or vehicles which are

themselves stored on site is allowed. Standard fuel tanks for purposes of this section are those

tanks which were designed for the specific vehicle by the manufacturer of the vehicle.

(J) Signs shall be permitted in compliance with §§ 158.110 through 158.114, except that

temporary signs, signs that relate to off-premises uses, or signs which exceed 50 square feet in area

are prohibited.

(K) Landscaping shall be provided in accordance with Chapter 157 of the Carroll County

Code.

§ 158.159 BUSINESS PARK.

A Business Park is a self-contained development area of at least 10 acres that is cohesive,

with a common development scheme, and approved as a single development plan.

(A) A Business Park is permitted in the C-3 district, and principal uses include all uses

permitted by right or authorized by conditional use in the C-3 District, except the following:

(1) Cemetery or mausoleum;

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(2) Crematorium;

(3) Funeral establishment;

(4) Outdoor drive-in theater; and

(5) Self-service storage facility.

(B) Additional principal uses may include uses permitted by right or authorized by

conditional use in the I-1 District, except an oil-contaminated soil facility, provided that these uses

and the supporting parking lot area collectively comprise no more than 20% of the land area of the

entire Business Park.

area for dwellings collectively comprises no more than 20% of the total land area of the Business

Park development.

(D) The Planning Commission shall require phasing of construction of the residential

portion of the Business Park to ensure that this component is in support of the primary employment

uses.

(E) Landscaping, signs, walkways, and parking will be provided in an integrated and

harmonious design.

(F) A Business Park may be subject to subdivision if it is over twenty acres in size. If a

Business Park is between ten and twenty acres in size, it may not be further subdivided and must

remain under common ownership.

§ 158.999 PENALTY.

(A) Violations.

(1) As provided in the applicable sections of Md. Code, Land Use Article, as

amended, any person, firm, or corporation violating any provisions of this chapter shall be fined

not more than $1,000.

(2) Each and every day during which such illegal location, erection, construction,

reconstruction, enlargement, change, maintenance, or use continues may be deemed a separate

offense.

(3) In accordance with Md. Code, Land Use Article, § 14.03, an assessment for

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abatement by the County Commissioners of a zoning violation may be added to the annual property

tax bill for the property on which the violation was abated to be collected in the same manner as

ordinary taxes are collected.

(B) Civil penalties.

(1) Fines shall be imposed based upon the following schedule:

(a) First offense: $50;

(b) Second offense: $100;

(d) Subsequent offenses: $500 each.

(2) A fine may be imposed for each day a violation exists, as each day the violation

exists is a separate offense.

(3) Failure to correct a violation after expiration of the time period for correction

stated in a citation is a separate offense.

(4) Any person who receives a citation for a zoning violation which imposes a fine

shall pay the fine as set forth on the citation, within 15 days after receipt of the citation, to the

County Commissioners, Collections Office, 225 North Center Street, Westminster, Maryland,

21157.

(5) Any person who fails to pay a fine imposed under this section within 15 days

after the date notice was sent to such person pursuant to Md. Code, Land Use Article, § 11.205,

shall be liable for twice the fine which that person had failed to pay.

County Attorney, shall prosecute all civil zoning violations with full authority to settle such

violations, including the power to enter into agreements on behalf of the county to resolve the

violation, and the power to dismiss the citation.

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