HomeMy WebLinkAbout2013 Zoning Ordinancevvasnington Lounty
ZONING ORDINANCE
JULY 30, 2013
RECITALS
The County Commissioners of Washington County, Maryland, for the purpose of
protecting and promoting the health, safety, and general welfare of the residents of
Washington County, in accordance with the adopted Comprehensive Plan for the
County, Development Analysis Plan Map and Policies, in compliance with Article 66B of
the Annotated Code of Maryland, have made a comprehensive study of present
conditions and the expected growth and development of Washington County,
recommend a Zoning Ordinance based on the Comprehensive Plan.
NOW, THEREFORE, The County Commissioners of Washington County,
Maryland do hereby adopt and do ordain the following Zoning Ordinance and the zoning
maps which are made a part of the Ordinance.
Revision 17 Run Date: August 23, 2013
ZONING ORDINANCE
INCLUDES THE FOLLOWING TEXT AMENDMENTS:
(Listed in the order in which they were adopted)
Revision 17
RZ-10-002
(Libraries)
ORD-2010-05
RZ-11-003
(Solar Energy Generating Systems)
ORD-2011-21
RZ-10-005
(UGA Amendments) (eff. 7/1/12)
ORD-2012-07
RZ-12-004
(Cleanup Amendments)
ORD-2013-03
RZ-12-002
(Farm Wineries, etc.)
ORD-2013-13
RZ-13-001
(Official Zoning Map)
ORD-2013-22
RZ-13-002
(Solar Energy Generating Systems -
Corrections)
ORD-2013-25
Revision 17
Run Date: August 23, 2013
ZONING ORDINANCE FOR
WASHINGTON COUNTY, MARYLAND
TABLE OF CONTENTS
Section1.0 General.....................................................................................................................
1
ARTICLE 2. APPLICATION.............................................................................................................
2
Section 2.0 Effective date; Application within County and County Towns ..................................
2
Section2.1 Interpretation.............................................................................................................
2
Section 2.2 More Restrictive Provisions to Govern.....................................................................
2
ARTICLE 3. DISTRICTS ESTABLISHED; ZONING MAPS, DISTRICT BOUNDARIES; LAND
USE
REGULATIONS (RURAL AREA USES).......................................................................................
3
Section 3.0 Districts Established.................................................................................................
3
Section 3.1 Official Zoning Maps.................................................................................................
4
Section 3.2 Rules for Interpretation of District Boundaries..........................................................
5
Section 3.3 Land Use Regulations.............................................................................................
5
ARTICLE 4 GENERAL PROVISIONS...........................................................................................
13
Section 4.1 Ordinance Deemed Minimum Regulations; Uniformity ..........................................
13
Section 4.2 Compliance with Ordinance....................................................................................
13
Section 4.3 Nonconforming Uses.............................................................................................
13
Section 4.4 Agricultural Uses Permitted Generally..................................................................
15
Section 4.5 Buildable Lots.......................................................................................................
15
Section 4.6 Use of Same Yard Space for More Than One Building Prohibited ........................
15
Section4.7 Major Road Plans...................................................................................................
15
Section 4.8 Essential Utility Equipment.....................................................................................
16
Section 4.9 Distance Requirements..........................................................................................
16
Section 4.10 Accessory Structures and Uses...........................................................................
16
Section 4.11 Site Plan Requirements......................................................................................
17
Section 4.12 Performance Standards........................................................................................
20
Section 4.13 Distance Requirements........................................................................................
22
Section 4.14 Mineral Extraction.................................................................................................
22
Section4.15 Family Day Care...................................................................................................
22
Section 4.16 Landscape Plan Standards..................................................................................
23
Section4.17 Play Lots...............................................................................................................
23
Section 4.18 Nursery Schools and Child Care Centers...........................................................
25
Section 4.19 Hazardous Waste and/or Controlled Hazardous Substance Incineration............
25
Section 4.20 Collection and Storage of Recyclable Material .....................................................26
26
Section 4.21 Sensitive Areas.....................................................................................................
26
Section 4.22 Commercial Communication Towers....................................................................
28
Section 4.23 Certified Adult Residential Environment Homes .................................................
31
Section 4.24 Small Wind Energy Systems...............................................................................
32
Section 4.25 Solar Collection Systems.....................................................................................
35
Section 4.26 Solar Energy Generating Systems..........................................................................
37
ARTICLE 5 "C" CONSERVATION DISTRICT...............................................................................
40
Section5.0 Purpose..................................................................................................................
40
Section 5.1 Principal Permitted Uses........................................................................................40
Section 5.2 Special Exceptions (Requiring Board Authorization After Public Hearing) ............
41
Section 5.3 Accessory Uses......................................................................................................
42
Section 5.4 Height Regulations.................................................................................................
42
Section 5.5 Lot Area, Lot Width, and Yard Requirements........................................................
42
ARTICLE 5A — "A(R)" AGRICULTURAL (RURAL) DISTRICT......................................................
44
Section5A.0 Purpose................................................................................................................
44
Section 5A.1 Principal Permitted Uses and Accessory Uses ....................................................44
44
Section 5A.2 Special Exceptions...............................................................................................
44
Section5A.3 Criteria..................................................................................................................
44
Section5A.4 Exemptions...........................................................................................................
44
Section 5A.5 Residential Lot Size and Bulk Dimensions..........................................................
45
Section 5A.6 Non -Residential Lot Size and Bulk Dimensions (not covered in Rural Business)45
Section 5A.7 Special Provisions...............................................................................................
45
ARTICLE 5B — DEC" ENVIRONMENTAL CONSERVATION DISTRICT ......................................47
47
Section5B.0 Purpose................................................................................................................
47
Section 5B.1 Principal Permitted Uses and Accessory Uses ....................................................47
47
Section 5B.2 Special Exceptions...............................................................................................
47
Section5B.3 Criteria..................................................................................................................
47
Section5B.4 Exemptions...........................................................................................................
47
Section 5B.5 Residential Lot Size and Bulk Dimensions..........................................................
48
Section 5B.6 Non -Residential Lots Size and Bulk Dimensions (not covered in ........................
48
RuralBusiness).........................................................................................................................
48
Section 5B.7 Special Provisions................................................................................................
48
ARTICLE 5C — "P" PRESERVATION DISTRICT..........................................................................
50
Section5C.0 Purpose................................................................................................................
50
Section 5C.1 Principal Permitted Uses and Accessory Uses ....................................................50
50
Section 5C.2 Special Exceptions...............................................................................................
50
Section5C.3 Criteria..................................................................................................................
50
Section5C.4 Exemptions..........................................................................................................
50
Section 5C.5 Residential Lot Size and Bulk Dimensions..........................................................
51
Section 5C.6 Non -Residential Lot Size and Bulk Dimensions (not covered in Rural Business)51
Section 5C.7 Special Provisions................................................................................................
51
ARTICLE 5D — "RV" RURAL VILLAGE DISTRICT.......................................................................
53
Section5D.0 Purpose................................................................................................................
53
Section 5D.1 Principal Permitted Uses and Accessory Uses ...................................................53
53
Section5D.2 Special Exceptions...............................................................................................
53
Section 5D.3 Dimensional Requirements..................................................................................
53
Section 5D.4 Special Provisions................................................................................................
55
Section 5D.5 Architectural Review............................................................................................
56
Section 5D.6 Cluster Provisions and the Rural Village.............................................................
57
ARTICLE 5E — "RB-E" RURAL BUSINESS EXISTING DISTRICT ...............................................58
58
Section5E.0 Purpose................................................................................................................
58
Section 5E.1 Principal Permitted Uses and Accessory Uses ....................................................58
58
Section5E.2 Criteria..................................................................................................................
58
Section 5E.3 Lot Size and Bulk Regulations.............................................................................
59
Section 5E.4 Changes in Land..................................................................................................
59
Section 5E. 5 Special Provisions...............................................................................................
61
ARTICLE 5F—"RB-N" RURAL BUSINESS NEW DISTRICT.......................................................63
Section5F.0 Purpose................................................................................................................
63
Section 5F.1 Principal Permitted Uses and Accessory Uses ....................................................
63
Section 5F.2 Special Exceptions...............................................................................................63
Section5F.3 Criteria..................................................................................................................
63
Section 5F.4 Lot Size and Bulk Regulations:............................................................................
64
Section 5F.5 Procedure for Creation of a RB-N District............................................................
64
Section 5F.6 Special Provisions................................................................................................
66
ARTICLE 6 "A" AGRICULTURAL DISTRICT................................................................................
68
Section6.0 Purpose..................................................................................................................
68
Section 6.1 Principal Permitted Uses........................................................................................
68
Section 6.2 Special Exceptions (Requiring Board Authorization After Public Hearing) ............
70
Section6.3 Accessory Uses......................................................................................................
72
Section6.4 Height Regulations.................................................................................................
72
Section 6.5 Lot Area, Lot Width, and Yard Requirements.........................................................
73
ARTICLE 7 "RR" RESIDENTIAL, RURAL DISTRICT...................................................................
75
Section7.0 Purpose..................................................................................................................
75
Section 7.1 Principal Permitted Uses........................................................................................
75
Section 7.2 Special Exceptions (Requiring Board Authorization After Public Hearing) ............
76
Section7.3 Accessory Uses......................................................................................................
76
Section7.4 Height Regulation...................................................................................................
76
Section 7.5 Lot Area, Lot Width, and Yard Requirements.........................................................
77
ARTICLE 7A "RT" RESIDENTIAL, TRANSITION DISTRICT.......................................................
79
Section7A.0 Purpose................................................................................................................
79
Section 7A.1 Principal Permitted Uses.....................................................................................
79
Section 7A.2 Special Exception Uses (Requiring Board Authorization After Public Hearing)
. 79
Section 7A.3 Accessory Uses..................................................................................................
80
Section 7A.4 Height Regulation................................................................................................
80
Section 7A.5 Lot Area, Lot Width, and Yard Setback Requirements ........................................
80
Section 7A.6 Public Facilities....................................................................................................
81
Section 7A.7 Parking Requirements.........................................................................................
82
Section7A.8 Site Plans............................................................................................................
83
ARTICLE 8 "RS" RESIDENTIAL, SUBURBAN DISTRICT...........................................................
84
Section8.0 Purpose..................................................................................................................
84
Section 8.1 Principal Permitted Uses........................................................................................
84
Section 8.2 Special Exception Uses (Requiring Board Authorization After Public Hearing).....
84
Section 8.3 Accessory Uses......................................................................................................
85
Section 8.4 Height Regulations.................................................................................................
85
Section 8.5 Lot Area, Lot Width, and Yard Setback Requirements ...........................................85
85
Section 8.6 Public Facilities......................................................................................................
87
Section 8.7 Parking Requirements...........................................................................................
88
Section8.8 Site Plans...............................................................................................................
88
ARTICLE 9 "RU" RESIDENTIAL, URBAN DISTRICT...................................................................
89
Section9.0 Purpose..................................................................................................................
89
Section 9.1 Principal Permitted Uses........................................................................................
89
Section 9.2 Special Exception Uses (Requiring Board Authorization After Public Hearing).....
89
Section9.3 Accessory Uses......................................................................................................
90
Section 9.4 Height Regulations.................................................................................................
90
Section 9.5 Lot Area, Lot Width, and Yard Setback Requirements ...........................................90
90
Section9.6 Public Facilities......................................................................................................
91
Section 9.7 Parking Requirements...........................................................................................
92
Section9.8 Site Plans...............................................................................................................
93
ARTICLE 10 "RM" RESIDENTIAL, MULTI -FAMILY DISTRICT ....................................................94
94
Section10.0 Purpose................................................................................................................
94
Section 10.1 Principal Permitted Uses......................................................................................
94
Section 10.2 Special Exception Uses (Requiring Board Authorization After Public Hearing)...
95
Section10.3 Accessory Uses....................................................................................................
95
Section 10.4 Height Regulations...............................................................................................
95
Section 10.5 Lot Area, Lot Width, Yard and Density Requirements.........................................96
Section 10.6 Public Facilities....................................................................................................
98
Section 10.7 Design Standards.................................................................................................
99
Section10.8 Site Plan.............................................................................................................
100
ARTICLE 110 "BT" BUSINESS, TRANSITIONAL.......................................................................
101
Section110.0 Purpose............................................................................................................
101
Section 110.1 Principal Permitted Uses..................................................................................
101
Section 110.2 Special Exceptions...........................................................................................
101
Section 110.3 Accessory Uses................................................................................................
102
Section 110.4 Height Regulations...........................................................................................
102
Section 110.5 Lot Area, Lot Width and Yard Requirements...................................................
102
Section 110.6 Design Standards.............................................................................................
102
Section110.7 Site Plan...........................................................................................................
103
ARTICLE 11 "BL" BUSINESS, LOCAL DISTRICT......................................................................
104
Section11.0 Purpose..............................................................................................................
104
Section 11.1 Principal Permitted Uses....................................................................................
104
Section 11.2 Accessory Uses..................................................................................................
106
Section 11.3 Special Exception Uses (Requiring Board Authorization After Public Hearing).
106
Section 11.4 Height Regulations.............................................................................................
106
Section 11.5 Lot Area, Lot Width, and Yard Setback Requirements ......................................
106
Section11.6 Design Standards...............................................................................................
107
Section11.7 Site Plan.............................................................................................................
109
ARTICLE 12 "BG" BUSINESS, GENERAL DISTRICT...............................................................
110
Section12.0 Purpose..............................................................................................................
110
Section 12.1 Principal Permitted Uses....................................................................................
110
Section 12.2 Special Exception Uses (Requiring Board Authorization After Public Hearing).
111
Section 12.3 Accessory Uses..................................................................................................
112
Section 12.4 Height Regulations.............................................................................................
112
Section 12.5 Lot Area, Lot Width and Yard Setback Requirements .......................................
112
Section12.6 Design Standards...............................................................................................
113
Section12.7 Site Plan.............................................................................................................
116
ARTICLE 120 -"IT" INDUSTRIAL, TRANSITION......................................................................
117
ARTICLE 13 "IR" INDUSTRIAL, RESTRICTED DISTRICT........................................................
118
Section13.0 Purpose..............................................................................................................
118
Section 13.1 Principal Permitted Uses....................................................................................
118
Section 13.2 Special Exception Uses (Requiring Board Authorization After Public Hearing).
119
Section 13.3 Accessory Uses..................................................................................................
120
Section 13.4 Height Regulations.............................................................................................
120
Section 13.5 Yard Setback Requirements...............................................................................
120
Section13.6 Design Standards..............................................................................................
121
Section13.7 Site Plan.............................................................................................................
122
Section 13.8 Prohibited Uses in "IR" District...........................................................................
123
ARTICLE 14 "IG" INDUSTRIAL, GENERAL DISTRICT..............................................................
124
Section14.0 Purpose..............................................................................................................
124
Section 14.1 Principal Permitted Uses....................................................................................
124
Section 14.2 Special Exception Uses (Requiring Board Authorization After Public Hearing).
126
Section 14.3 Accessory Uses..................................................................................................
127
Section 14.4 Height Regulations.............................................................................................
127
Section 14.5 Yard Setback Requirements...............................................................................
127
Section14.6 Design Standards..............................................................................................
127
Section14.7 Site Plan.............................................................................................................
129
Section 14.8 Prohibited Uses in "IG" District...........................................................................
130
ARTICLE 15 "lM" INDUSTRIAL, MINERAL DISTRICT...............................................................
131
Section15.0 Purpose..............................................................................................................
131
Section 15.1 Principal Permitted Uses and Accessory Uses ..................................................
131
Section 15.2 Special Exceptions.............................................................................................
131
Section 15.3 Establishing a New IM District............................................................................
131
Section 15.4 Initiation or Expansion of Operations in Existing IM Districts .............................
133
Section 15.5 Performance Standards for Site Plan Review ....................................................133
133
Section 15.6 Prohibited Uses in "IM" Zone..............................................................................
134
iv
ARTICLE 16 "MX" MIXED USE DISTRICT.................................................................................
135
Section16.0 Purpose..............................................................................................................
135
Section 16.1 Principal Permitted Uses...................................................................................
136
Section 16.2 Special Exception Uses (Requiring Board Authorization After Public Hearing)
138
Section16.3 Accessory Uses.................................................................................................
138
Section 16.4 General Requirements......................................................................................
138
Section 16.5 Review and Approval Process...........................................................................
139
Section 16.6 Content and Format of Applications..................................................................
142
Section 16.7 Design Standards..............................................................................................
146
ARTICLE 17 "PB" PLANNED BUSINESS DISTRICT (SHOPPING CENTERS) ........................
152
Section17.0 Purpose..............................................................................................................
152
Section 17.1 Principal Permitted Uses....................................................................................
152
Section 17.1.1 Special Exception Uses (Requiring Board Authorization After ........................152
152
PublicHearing)........................................................................................................................
152
Section 17.2 Development Procedures in Existing and New PB Districts .............................
152
Section 17.3 General Requirements for Applications for New Planned Business Districts....
155
Section 17.4 Data to Accompany Applications for New Planned Business Districts ..............
156
Section 17.5 Planning Commission and County Commissioner Review and Action .............
156
Section 17.6 Official Comprehensive Development Plan ........................................................
157
Section 17.7 General Regulations...........................................................................................
158
Section 17.8 Design Guidelines.............................................................................................
159
Section 17.9 Additional Design Standards for Projects, Developments or Structures of Seventy -Five
Thousand (75,000) square feet or greater...............................................................................
162
Section17.10 Site Plan...........................................................................................................
165
ARTICLE 18 "PI" PLANNED INDUSTRIAL DISTRICT (INDUSTRIAL PARK) ...........................
166
Section18.0 Purpose..............................................................................................................
166
Section 18.1 Principal Permitted Uses....................................................................................
166
Section 18.2 Prohibited Uses..................................................................................................
167
Section 18.3 Accessory Uses..................................................................................................
168
Section 18.4 Development Procedures in Existing and New Planned Industrial Districts.....
168
Section 18.5 General Requirements for Applications for New Planned Industrial Districts ....
170
Section 18.6 Data to Accompany Application...........................................................................170
Section 18.7 Planning Commission and County Commissioner Review and Action .............
171
Section 18.8 Required Conditions...........................................................................................
172
Section 18.9 Design Standards...............................................................................................
173
Section 18.91 Vehicular Access..............................................................................................
173
Section 18.92 Parking and Loading Facilities..........................................................................
174
Section18.93 Outdoor Storage...............................................................................................
174
Section 18.94 Building Appearance, Location, and Landscaping ...........................................
175
Section18.95 Utilities..............................................................................................................
176
Section 18.96 Signs and Lighting............................................................................................
176
Section18.97 Noise................................................................................................................
177
Section 18.98 Height Regulations...........................................................................................
178
Section 18.99 Area Requirements...........................................................................................
178
Section 18.100 Yard Setback Requirements...........................................................................
178
Section18.101 Site Plan.........................................................................................................
178
Section 18. 102 Special Exception Uses (Requiring Board Authorization After ......................179
179
PublicHearing)........................................................................................................................
179
ARTICLE 19 "HI" HIGHWAY INTERCHANGE DISTRICT..........................................................
180
Section19.1. Purpose.............................................................................................................
180
Section 19.2. Principal Permitted Uses...................................................................................
180
Section 19.3. Special Exception Uses (Requiring Board Authorization after Public Hearing)
180
Section 19.4 Accessory Uses..................................................................................................
181
Section 19.5 Site Plan Review................................................................................................
181
Section 19.6 Height Requirements..........................................................................................
182
Section 19.7 Lot Area, Lot Width, and Yard Setback Requirements ......................................
182
Section19.8. Buffer Yards.......................................................................................................
183
Section 19.9 Additional Design Standards.............................................................................
184
Section 19.10 Maintenance of Vacant Buildings....................................................................
187
ARTICLE 19A "HI -1" HIGHWAY INTERCHANGE DISTRICT ....................................................
188
Section19A.1. Purpose...........................................................................................................
188
Section 19A.2. Principal Permitted Uses.................................................................................
188
Section 19A.3. Special Exception Uses (Requiring Board of Appeals Authorization ..............188
188
afterPublic Hearing)................................................................................................................
188
Section 19A.4 Accessory Uses...............................................................................................
189
Section 19A.5 Site Plan Review..............................................................................................
189
Section 19A.6 Height Requirements.......................................................................................
189
Section 19A.7 Lot Area, Lot Width, and Yard Requirements..................................................
190
Section19A.8. Buffer Yards....................................................................................................
190
ARTICLE 19B - "HI -2" HIGHWAY INTERCHANGE DISTRICT [DELETED] ..............................
193
ARTICLE 19C - "SPECIAL ECONOMIC DEVELOPMENT DISTRICT"......................................194
Section19C.1. Purpose...........................................................................................................
194
Section 19C.2. Principal Permitted Uses.................................................................................
194
Section 19C.3. Special Exception Uses..................................................................................
195
Section 19C.4. Accessory Uses..............................................................................................
195
Section 19C.5. Height Regulations..........................................................................................
195
Section 19C.6. Lot Area, Lot Width, and Yard Requirements .................................................
195
Section 19C.7. Design Standards...........................................................................................
195
ARTICLE 20 "HP" HISTORIC PRESERVATION DISTRICT.......................................................
197
Section20.0 Purpose..............................................................................................................
197
Section 20.1 Historic District Commission Created.................................................................
197
Section 20.2 Regulations.........................................................................................................
198
Section 20.3 Historic District Commission Duties & Powers ...................................................
198
Section 20.4 Establishment of "HP" Zones.............................................................................
199
Section 20.5 Criteria for Establishment of an "HP" Overlay Zone ...........................................200
200
Section 20.6 Activity Within an "HP" Zone..............................................................................
201
Section20.7 Definitions...........................................................................................................
204
Section20.8 Appeals...............................................................................................................
204
ARTICLE 20A - "AO" ANTIETAM OVERLAY DISTRICT...........................................................
205
Section20A.0 Purpose............................................................................................................
205
Section 20A.1 Regulations......................................................................................................
205
Section 20A.2 AO -1 Battlefield Buffer Regulation...................................................................
205
Section 20A.3 AO -2 Approach Zone Regulations.................................................................
206
Section 20A.4 AO -3 Red Hill Area.........................................................................................
206
Section 20A.5 Establishment of "AO" Zone.............................................................................
208
Section20A.6 Appeals............................................................................................................
208
ARTICLE 21 "AP" AIRPORT DISTRICT.....................................................................................
209
Section21.0 Purpose..............................................................................................................
209
Section 21.1 Airport Districts...................................................................................................
209
Section 21.2 AP/C Airport Clear Zone.....................................................................................
209
Section 21.3 AP/O - Airport Overlay........................................................................................
211
Section 21.4 AP - Airport District.............................................................................................
211
Section 21.41 Principal Permitted Uses..................................................................................
212
Section 21.42 Special Exception Uses (Requiring Board Authorization After Public Hearing)214
Section 21.43 Prohibited Uses................................................................................................
214
Section21.44 Accessory Uses................................................................................................
215
vi
Section 21.45 Height Regulations...........................................................................................
215
Section 21.46 Design Standards.............................................................................................
215
Section 21.5 AP/HW - Airport Hazardous Wildlife Attractant Management District ...............
220
Section21.6 Site Plan.............................................................................................................
221
ARTICLE 21A - "ORT" OFFICE, RESEARCH AND TECHNOLOGY DISTRICT .......................222
222
Section21A.0 Purpose..........................................................................................................
222
Section 21A.1 Principal Permitted Uses................................................................................
222
Section 21A.2 Special Exception Uses (Requiring Board Authorization After ......................
223
PublicHearing)........................................................................................................................
223
Section 21 A.3 Accessory Uses.............................................................................................
224
Section 21A.4 Height Requirements.....................................................................................
224
Section 21A.5 Yard Setback Requirements..........................................................................
224
Section 21A.6 Buffer Yards...................................................................................................
225
Section 21A.7 Design Standards..........................................................................................
226
Section 21A.8 Signs and Exterior Lighting...........................................................................
227
Section 21A.9 Site Plan..........................................................................................................
229
ARTICLE 21 B "ORI" OFFICE, RESEARCH, AND INDUSTRY DISTRICT ...............................
230
Section216.0 Purpose..........................................................................................................
230
Section 216.1 Principal Permitted Uses.................................................................................
230
Section 21 B.2 Special Exception Uses (Requiring Board Authorization After a ....................
232
PublicHearing)........................................................................................................................
232
Section 218.3 Accessory uses...............................................................................................
233
Section 21 B.4 Prohibited Uses...............................................................................................
233
Section 21 B.5 Performance Standards..................................................................................
234
Section 21 B.6 Height Requirements......................................................................................
239
Section 21 B.7 Yard Setback Requirements...........................................................................240
Section 21 B.8 Buffer Yards....................................................................................................
241
Section 218.9 Design Standards............................................................................................
241
Section 21 B.10 Signs and Exterior Lighting...........................................................................
244
Section 21 B. 11 Site Plan.......................................................................................................
245
ARTICLE 21C - "ERT" EDUCATION, RESEARCH, AND TECHNOLOGY DISTRICT ...............246
246
Section21C.0 Purpose...........................................................................................................
246
Section 21C.1 Principal Permitted Uses.................................................................................
247
Section 21 C.2 Special Exception Uses (Requiring Board Authorization After .......................249
249
PublicHearing)........................................................................................................................
249
Section 21 C.3 Accessory Uses..............................................................................................
249
Section 21C.4 Height Requirements......................................................................................
249
Section 21 C.5 Yard Setback Requirements...........................................................................
249
Section 21C.6 Buffer Yards....................................................................................................
250
Section 21 C.7 Design Standards...........................................................................................
250
Section21 C.8 Signs...............................................................................................................
251
Section 21 C.9 Exterior Lighting..............................................................................................
252
Section 21C.10 Site Plan........................................................................................................
252
ARTICLE 22 SPECIAL PROVISIONS.........................................................................................
253
DIVISION I OFF-STREET PARKING AND LOADING AREA REQUIREMENTS .....................
253
Section22.1 Purpose.............................................................................................................
253
Section 22.11 Applicability......................................................................................................
253
Section 22.12 Off -Street Parking Requirements....................................................................
253
Section 22.13 Loading Areas..................................................................................................
266
Section 22.14 Non -parking uses in parking facilities..............................................................
266
DIVISION II - SIGNS....................................................................................................................
267
Section 22.2 General Provisions.............................................................................................
267
Section 22.21 Signs Permitted Without Zoning Permits..........................................................
267
vii
Section 22.22 Signs Requiring Zoning Permit.........................................................................
268
Section 22.23 "Use on the Premises" Signs, on Buildings......................................................
268
Section 22.24 Outdoor Advertising Signs................................................................................
269
Section 22.24A Permanent Residential Identification Signs ...................................................
272
Section 22.25 Approval of Location and Maintenance of Signs Requiring Zoning Permits ....
273
Section 22.26 Special Exception Uses (Requiring Board Authorization After Public Hearing)274
DIVISION III (Deleted in its entirety)............................................................................................
274
DIVISION IV - USE OF FLOOD PLAIN.......................................................................................
274
Section 22.4 General Provisions.............................................................................................
274
DIVISION V - MOBILE HOME PARKS, TRAVEL TRAILER PARKS AND MOBILE HOMES NOT IN
MOBILE HOME PARKS OR TRAVEL TRAILER PARKS...........................................................
275
Section 22.5 Mobile Home Parks and Mobile Home Subdivisions ..........................................275
275
Section 22.51 Design Standards.............................................................................................
275
Section 22.52 Travel Trailer Parks..........................................................................................
277
Section 22.53 Travel Trailers...................................................................................................
277
Section 22.54 Mobile Homes..................................................................................................
278
DIVISION VI - TOWN HOUSE DEVELOPMENT........................................................................
279
Section 22.6 General Provisions for Town House Developments ...........................................279
279
Section 22.61 Design Standards.............................................................................................279
DIVISION VII - MULTIPLE -FAMILY GROUP DEVELOPMENTS...............................................281
Section 22.71 General Provisions...........................................................................................
281
Section 22.72 Design Standards.............................................................................................
281
Section 22.73 Site Plan Review of Multi -Family Group Development ....................................
281
DIVISION VIII -CLUSTER SUBDIVISION..................................................................................283
Section 22.81 General Provisions...........................................................................................
283
Section 22.82 Design Standards.............................................................................................283
DIVISION IX -ANIMAL HUSBANDRY FACILITIES....................................................................284
Section22.91 Purpose............................................................................................................
284
Section 22.92 Exemptions.......................................................................................................
284
Section 22.93 Applicability and Application Procedure...........................................................
285
Section 22.94 Design Standards (Below 6,000 Tons Annual Farm Manure Production Outside Growth
Areas and 3,000 Tons of Farm Manure Inside Growth Areas) ................................................287
287
Section 22.95 Design Standards (6,000 Tons Annual Farm Manure Production or More Outside
Growth Areas and 3,000 Tons or More of Farm manure Inside Growth Areas) .....................
287
DIVISIONX - LIGHTING.............................................................................................................
288
Section22.10.0 Purpose........................................................................................................
288
Section 22.10.1 Applicability...................................................................................................
288
Section 22.10.2 Existing Fixtures...........................................................................................288
Section 22.10.3 General Provisions.......................................................................................288
Section 22.10.4 Standards by Type of Fixture.......................................................................
291
Section 22.10.5 Prohibited Lighting........................................................................................
294
Section 22.10.6 Exempt Lighting............................................................................................
294
Section 22.10.7 Alternatives and Substitutions......................................................................
295
Section 22.10.8 Corrections and Enforcement.......................................................................
295
DIVISION XI - LANDSCAPING, SCREENING, AND BUFFERS ................................................
296
ARTICLE 23 EXCEPTIONS AND MODIFICATIONS..................................................................
305
Section23.0 Generally............................................................................................................
305
Section 23.1 Lot Area Modification..........................................................................................
305
Section 23.2 Setback Modification..........................................................................................
306
Section 23.3 Projection into Yards.........................................................................................
306
Section23.4 Height.................................................................................................................
307
Section 23.5 Yard Modification................................................................................................
308
Section 23.6 Exception - Minimum Distance from a Single -Story Utility or Storage Shed......
308
kv
Section 23.7 Mobile Home: Temporary Use............................................................................
308
Section 23.8 Grandfathering; Certain Subdivision Plans and APFO Agreements .................
309
ARTICLE 24 -ADMINISTRATION ..............................................................................................
310
Section 24.1 Administration of the Zoning Ordinance.............................................................
310
Section 24.2 Zoning Permits..................................................................................................
310
Section 24.3 Zoning Use Permits and Filing Fees................................................................
311
Section 24.4 Commission Review and Action.........................................................................
312
ARTICLE 25 - BOARD OF APPEALS.........................................................................................
313
Section 25.1 Created; Name; Number, Term of Office, Removal, Etc. of Members ...............313
313
Section25.2 General Powers..................................................................................................
313
Section 25.3 Organization; Meetings, Authority to Administer Oaths and Compel Attendance of
Witnesses; Technical Assistance; Minutes of Proceedings; Records .....................................
313
Section 25.4 Appeals to the Board..........................................................................................
314
Section 25.5 Hearings by the Board........................................................................................
314
Section25.51 Hearings...........................................................................................................
314
Section 25.52 Hearings - Holding of Hearing; Appearance at Hearing ...................................
315
Section 25.53 Hearings - Postponement.................................................................................
315
Section 25.54 Hearings - Continuance....................................................................................
315
Section 25.55 Hearings - Decision by the Board; Appeal From Decision by the Board..........
315
Section25.56 Variances..........................................................................................................
315
Section 25.6 Limitations, Guides and Standards....................................................................
316
Section 25.7 Disapproval of Application..................................................................................
317
Section 25.8 Administrative Adjustments..............................................................................
317
ARTICLE26 - ENFORCEMENT.................................................................................................
319
Section 26.1 Violations; Penalties, Continuing Offenses........................................................
319
Section 26.2 Injunctive, Etc., Relief.........................................................................................
319
Section 26.2.1 Civil zoning violations......................................................................................
319
Section 26.3 Authority to Enter................................................................................................
323
ARTICLE27 - AMENDMENTS....................................................................................................
324
Section27.1 Procedure..........................................................................................................
324
Section27.2 Public Hearings..................................................................................................
325
Section 27.3 Factors to be considered in a request for a map amendment ..........................326
.........................
326
Section 27.4 Additional Conditions..........................................................................................
326
Section 27.5 Duties Generally of the Planning Commission ...................................................
327
Section 27.6 Application for Reclassification...........................................................................
327
Section 27.8 District Map Line Adjustments............................................................................
327
ARTICLE 28 — DEFINITIONS......................................................................................................
328
(Article 28 — deleted and replaced with Article 28A)................................................................
328
ARTICLE 28A - DEFINITIONS....................................................................................................
329
Section28A.0 Purpose...........................................................................................................
329
ARTICLE 29 - VALIDITY AND REPEAL.....................................................................................
366
Section 29.1 Severability of Provisions...................................................................................
366
ix
ARTICLE 1. PURPOSE
Section 1.0 General
The purpose of this Ordinance is to:
(a) Protect and promote the health, safety and general welfare of the residents of
Washington County in accordance with the adopted Plan for the County,
Development Analysis Plan Map and Policies;
(b) , Help guide the future growth and development of Washington County in
accordance with a comprehensive plan of land use and population density that
provides for beneficial relationships among the residential, commercial, industrial,
agricultural, and public areas within the County, and facilitates the adequate
provision of transportation facilities, water, sewerage, schools, parks and other
public improvements;
(c) Insure adequate light, air and privacy for future development; secure safety from
fire and other dangers, control congestion in the streets; prevent overcrowding of
the land and undue concentration of the population;
(d) Promote an improved appearance of the County with relation to the use and
development of land and structures; promote the conservation of natural
resources; and prevent environmental pollution;
(e) Provide for the reservation of sufficient areas for future residential, commercial
and industrial development at appropriate locations;
(f) Preserve lands most suited for agricultural use; and
(g) Provide a guide for public action in the orderly and efficient provision of public
facilities and services, and for private enterprise in building, development,
investment and other economic activity.
ARTICLE 2. APPLICATION
Section 2.0 Effective date; Application within County and County Towns
This Ordinance shall take effect on the 2nd day of April, 1973, and shall apply to all
lands, buildings, properties, and their uses, including any submerged lands, watered areas or
islands, within the territorial limits of Washington County, Maryland, outside the jurisdiction of
incorporated municipalities.
If any city, town or village in Washington County, Maryland participates or is participating
in the County Area -Wide Planning Program, then the County Commissioners are hereby
authorized to conclude arrangements with said municipality for preparation and implementation
of zoning within the geographical confines of said city, town or village; and for the enforcement
and administration of said Zoning Ordinance by and through the County agencies wheresoever
appropriate.
Section 2.1 Interpretation
The regulations set forth herein are designed to be uniform for each class or kind of
building for use throughout an entire district. In any case where it is not clear from the provisions
of this Ordinance that a proposed use is intended to be prohibited in a district, the provisions of
that Section setting forth the uses permitted in that district shall prevail, and if the proposed use
is not one in the list of those permitted, it shall be prohibited as though it were included in the
prohibitions.
Section 2.2 More Restrictive Provisions to Govern
Wherever the provisions of this Ordinance or any Article or Section hereof requires or
imposes a higher standard than required by any other statute or local ordinance or regulation,
the provisions of the regulations made under the authority of this Ordinance shall govern.
ARTICLE 3. DISTRICTS ESTABLISHED; ZONING MAPS, DISTRICT BOUNDARIES;
LAND USE REGULATIONS (RURAL AREA USES)° 2
Section 3.0 Districts Established
For the purpose of this Ordinance, the following zoning districts are established:
Rural Districts
A(R)
Agricultural (Rural) District
C
Conservation District
EC
Environmental Conservation District
P
Preservation District
RV
Rural Village
RB-E
Rural Business -Existing
RB-N
Rural Business -New
A
Agricultural District
Residential Districts
RR
Residential, Rural District
RT
Residential, Transition District
RS
Residential, Suburban District
RU
Residential, Urban District
RM
Residential, Multi -Family District
Business Districts
BT Business, Transitional District
BL Business, Local District
BC Business, General District
Industrial Districts
IR Industrial, Restricted District
IC Industrial, General District
IM Industrial, Mineral District
Revision 14, Article 3, Section 3.0 amended 7/26105 (RZ-03.005)
2 Revision 17, Article 3, Section 3.0 amended 4/17/12, eff. 7/1/12 (RZ-10-005) (ORD-2012-08)
Planned Development Districts
MX Mixed Use District
PB Planned Business District
PI Planned Industrial District
Special Districts
HI
HI -1
HP
SED
ORT
ORI
ERT
AO
AP
Highway Interchange District
Highway Interchange District -1
Historic Preservation District
Special Economic Development District
Office; Research and Technology District
Office, Research, and Industry District
Education, Research, and Technology District
Antietam Overlay District
Airport District
Section 3.1 Official Zoning Maps3
(a) Generally. The locations and boundaries of the zoning districts established by
this Ordinance are indicated on the Official Zoning Map, which is incorporated herein by
reference. The Official Zoning Map, together with a record of all amendments, is maintained by
and may be viewed at the Department of Planning and Zoning. The Official Zoning Map shall
constitute the official record of the zoning districts in Washington County.
(b) Adoption and Format. The Official Zoning Map for Washington County shall be
maintained in digital format entitled "Washington County Digital Zoning Layer" adopted by the
Board of County Commissioners. The Digital Zoning Layer shall be permanently maintained by
the Department of Planning and Zoning.
(c) Authorized Changes to Zoning Map. The Washington County Digital Zoning
Layer may not be changed except as follows:
I. By a Comprehensive Rezoning application approved by the Board of
County Commissioners;.
2. By a piecemeal rezoning as authorized by Article 27 of this Ordinance,
upon final decision of the Board of County Commissioners;
3. By zoning district line changes as interpreted and authorized by Section
3.2 of this Ordinance; or
4. By District Map Line Adjustments as authorized by Section 27.8 of this
Ordinance.
(d) Copies of the Official Zoning Map. Uncertified copies of the Official Zoning Map
and/or Digital Zoning Layer are provided for informational purposes only. To verify zoning
status of a particular property, in individual may obtain a certified copy of the Official Zoning
3 Revision 17, Section 3.1 amended 6/18/13 (RZ-13-001/ORD-2013-22)
El
Map and/or Digital Zoning Layer from the Zoning Administrator. Certified copies shall be
stamped by the Zoning Administrator with their signature and shall include the date on which the
zoning was affirmed.
Section 3.2 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;
(c) Boundaries indicated as approximately following city limits shall be construed as
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 that are in unsubdivided property or where district boundary divides a
lot, shall be determined by the use of the map scale as shown thereon;
(g) Where a district boundary line as shown on the zoning map divides a lot which was
in single ownership and of record at the time of enactment of this Ordinance, the
use authorized thereon and the other district requirements applying to the least
restricted portion of such lot under this Ordinance shall be considered as extending
to the entire lot, provided the more restricted portion of such lot is entirely within fifty
(50) feet of said dividing district boundary line. The use so extended shall be
deemed to be conforming.
Section 3.3 Land Use Regulations4
See Table No. 3.3(1) — Table of Land Use Regulations
4 Revision 14, Section 3.3 added 7126/05 (RZ-03.005)
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ARTICLE 4 GENERAL PROVISIONS
Section 4.1 Ordinance Deemed Minimum Regulations; Uniformity
The regulations set by this Ordinance within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure or land except as
hereinafter provided.
Section 4.2 Compliance with Ordinance
Except as hereinafter specified, no land, building, structure, or premises shall
hereinafter 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.
Nothing in this Ordinance shall be deemed applicable to land or structures falling
within the boundaries of Federal Public Law 91-664.
Section 4.3 Nonconforming Uses1213
Any building, structure or premises lawfully existing at the time of the adoption of
this Ordinance, or lawfully existing at the time this Ordinance is subsequently amended,
may continue to be used without further imposition of use, dimensional, buffer or other
Ordinance requirements even though such building, structure or premises does not
conform to use, dimensional, buffer or other Ordinance regulations of the zoning district
in which it is located. (Subject, however to the following provisions:) All nonconforming
uses shall be subject to the following provisions:
(a) Existing nonconforming single-family dwellings in any district may expand
without limitation in respect to area and shall meet the least restrictive
setbacks for that district. Such dwellings shall be treated as principal
permitted uses in that district.
(b) All other nonconforming uses shall be subject to review and approval by the
Board of Zoning Appeals. In all other zoning districts except the A, C, A(R),
EC, P and Si. districts, the board may approve the alteration or the
expansion of a nonconforming use provided the expansion is restricted to an
additional area not exceeding thirty-five (35) percent of the existing use. In
the HI -1 or HI -2 districts, the Board may approve an alteration or expansion
greater than thirty-five (35) percent of a nonconforming mobile home park
provided the proposed expansion is consistent with the Comprehensive Plan
and meets the guidelines of Section 22.5 and 22.6 of this Ordinance.
12 Revision 1, Section 4.3 amended 4-26.88 (RZ-379)
Revision 7, Section 4.3 (a) and (b) amended 8-31-93 (RZ-93.7)
13 Revision 15, Section 4.3 (b) and (b)(1) amended 9119/07 (RZ-06-007/ORD-06-09)
13
(1) In the A, C, A(R), EC, P and BL districts, the Board may approve
the alteration or the expansion of a nonconforming use without
restriction to area provided the proposed expansion is consistent
with the Plan for the County, and provided it meets the guidelines
of Section 25.6 of the Ordinance.
(2) No extension may be permitted for (junk yards in accordance with
this section) nonconforming junk yards.
(c) Whenever a nonconforming use has been changed to a more appropriate
use, in the opinion of the Board, such use shall not thereafter be changed to
a less appropriate use or classification.
(d) No land, building, structure, or premises where a nonconforming use has
ceased for six (6) months or more shall thereafter be used except in
conformance with this Zoning Ordinance.
(e) The owner or operator of any existing nonconforming use involving used car
lots, service garages, or junk yards shall, not later than six (6) months,
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 Ordinance. 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 one hundred 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
Ordinance.
(6) Use, dimensions, and location of all existing buildings.
(7) Certification and seal of professional engineer or registered surveyor.
(f) Nothing in these regulations shall prevent the restoration of a nonconforming
building or structure destroyed by fire, windstorm, and explosion, act of
public enemy, 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 (1) year of said destruction.
14
Section 4.4 Agricultural Uses Permitted Generally1411
Except for compliance with distance requirements set forth in Section 4.9, 4.13,
28A, and requirements for animal husbandry facilities set forth in Article 22, Division IX,
nothing in this Ordinance shall prohibit the use of land for agricultural purposes or the
construction or use of the buildings or structures incident to the use for agricultural
purposes of the land on which such buildings or structures are located.
Section 4.5 Buildable Lots11 1711
Any lot which was a buildable lot under the terms or regulations in effect at the
time of the adoption of this Ordinance and which was established or recorded at the time
shall be deemed a buildable lot. Nothing shall prohibit the erection of a single family
dwelling on a lot of record in an HI district prior to its designation as an HI -1 district.
Any lot with a structure which was destroyed between June 1, 1972 and April 2,
1973 and within the boundaries of Federal Public Law 91-664, shall be deemed a
buildable lot within the provisions of this Ordinance.
Except as otherwise provided for in this ordinance, all lots, parcels or tracts either
created prior to or after the adoption of this ordinance which are located in A, C, A(R),
EC, P, RV, RB-E, RB-N, RR, RS, RU districts shall be limited to one principal permitted
residential use on a lot, parcel, or tract.
Section 4.6 Use of Same Yard Space for More Than One Building Prohibited
No part of a minimum required yard or other open space provided about any
building or structure for the purpose of complying with the provisions of this Ordinance
shall be included as part of a minimum required yard .or other open space required under
this Ordinance for another building or structure.
Section 4.7 Major Road Plans
No building or part of a building shall be permitted to be erected within the lines
or right-of-way lines of a proposed highway, street, proposed relocation or widening of
an existing highway or street as shown on the Master Highway Plan for Washington
County as adopted and with future revisions that may be applicable at the time of
applying for a zoning certificate for building purposes thereon.
14 Revision 7. Section 4.4 amended 2-8-94. (RZ-93-13)
15 Revision 15, Section 4.4 amended 9/19/06 (RZ-06.007/ORD-06-09)
11 Revision 7, Section 4.5 amended 8-31-93 (RZ-93-7)
Revision 7, Section 4.5 amended 12-21-93 (RZ-93-11)
17 Revision 15, Section 4.5 amended 9/19/06 (RZ-06-007/ORD-06-09)
11 Revision 16, Section 4.5 amended 814/09 (RZ-09-001/ORD-09-08)
15
The Board of County Commissioners shall have forty-five (45) days in which to
establish the center line of the proposed road and then, shall have sixty (60) days within
which to negotiate with the property owner, as to whether he would offer the property to
the County without compensation, because of benefits he may derive from such a road,
or, arrive at a mutually agreeable figure for the property within the street width, or upon
failure of agreement, by the filing of a condemnation suit in Circuit Court before the end
of the period.
Section 4.8 Essential Utility Equipment1s
Essential utility services, as defined in Article 28A, shall be permitted in any
district, as authorized and regulated by law and ordinances of Washington County, it
being the intention hereof to exempt such essential services from the application of this
Ordinance; except that, without in any way altering or otherwise affecting such
exemption, the plans of any overhead electric transmission line of 69.0 K.V. or more, on
metal or wooden poles or towers or pole structures, or of any cross country telephone
trunk line including. microwave, transmission pipe line, natural gas line, trunk sewer line
or sub -station, proposed to be erected or installed in any .C, A, A(R), EC, :P, RV, RR, RS,
RU or RM District shall be submitted before the beginning of construction to the Planning
and Zoning Commission for its review.
Section 4.9 Distance Requirements20
(a) Any uses or buildings subject to compliance with this section shall be located
at least two hundred (200) feet from any.lot line in a RR, RS, RU, RM or RV District or
any lot occupied by a dwelling, school, church, or institution for human care not located
on the same lot as the said use or buildings, or any lot which is part of a duly recorded
subdivision.
Section 4.10 Accessory Structures and Uses21
(a) Generally. Except as otherwise restricted by this Ordinance, customary
accessory structures and uses shall be permitted in any district in
connection with the principal permitted use within such district.
(b) Use limitations. In addition to the other requirements of this Ordinance,
an accessory use shall not be permitted unless it strictly complies with the
following:
No accessory structure shall be used for living quarters,
the storage of contractors' equipment, the storage of
animals, or the conducting of any business unless
otherwise provided in this Ordinance.
19 Revision 15, Section 4.8 amended 9/19/06 (RZ-06-007/ORD-06-09)
20 Revision 15, Section 4.9 amended 9119/06 (RZ-06-007/ORD-06.09)
21 Revision 16, Section 4.10 amended 8/4/09 (RZ-09.001/ORD-09-08)
16
2. No accessory use or structure shall be established on any
lot prior to substantial completion of the construction of the
principal structure.
3. No accessory use or structure, except fences, shall be
located within any recorded easement area.
4. Any detached accessory structure shall be separated from
other principal and accessory structures in compliance with
the Washington County Building Code.
5. In all districts wherein single-family and two-family
dwellings are permitted, accessory structures shall not be
located closer to public or private road right-of-way or rear
lot line than the side yard requirements for a single-family
or two-family dwelling in that district, except as provided in
Section 23.5(b).
Section 4.11 Site Plan Requirements 2223
A site plan shall be submitted for review by the Planning Commission for new
development and for all major additions to existing uses in all zoning districts.
Construction of single-family, two-family or semi-detached, housing units and farm
buildings shall not be considered major additions for the purposes of this section, and
shall not require a site plan. A site plan in simplified form as explained in Section
4.11(a)(6) may be submitted for temporary and seasonal uses and may be approved by
the Zoning Administrator. ,
A site plan shall also be required for all new schools and colleges, and
commercial communications towers in any,zoning district where permitted. Site plans for
commercial communications towers shall be in compliance with the criteria provided in
Section 4.22.
A major addition shall constitute only those additions to the use of the site and
physical expansions of on -site structures that will directly affect the function of the site or
potentially affect the• surroundings. Any substantial change of use classification,
alteration of on -site• parking requirements, potential adverse impacts of off -site storm
water drainage, increased demand for public water and sewerage or additions which will
cause the rerouting of traffic circulation shall be construed as "major additions."
Before site plan submission, a Forest Stand Delineation of the parcel subject to
development shall be submitted for approval by the Planning Commission.
22 Revision 6, Section 4.11 amended 2-9-93 (RZ-02-16) and 6-22-93 (RZ-93.4)
Revision 6, Section 4.11(b)2 and 3 amended 2-9-93(RZ-92-16)
Revision 6, Section 4.11(a)6 added 6-22-93 (RZ-93-4)
Revision 7, Section 4.11 amended 11-16-93 (RZ-93-10)
Revision 11, Section 4.11 amended 5-18-99 (RZ-99-01 & RZ-99-04)
Revision 12, Section 4.11 amended 10-22-02 (RZ-02-004)
23 Revision 15, Section 4.11 amended 9/19/06 (RZ-06-007/ORD-06-09)
17
Site plans in each zoning district shall meet all applicable requirements of the
Washington County Forest Conservation Ordinance and Manual.
(a) Submission Procedure
1. Site plans shall be prepared by a registered professional engineer,
registered architect, registered landscape architect, or registered land
surveyor licensed to practice in the State of Maryland.
2. The consultant, agent and/or property owner may arrange for a
preliminary consultation with the Planning and Zoning Commission to
discuss the general concept, use and design of the proposal. If
consultation is desired, a generalized sketch or plat of the proposed site
plan shall be submitted with five copies at least one (1) week prior to the
scheduled consultation and shall consist of location map, boundary, a
Forest Stand Delineation including topography, and general proposed
land uses drawn to scale.
3. In those cases where no subdivision.of land is required, a minimum of
six (6) copies of the site plan shall be submitted to the Washington
County Department of Permits and Inspection. The Planning
Commission shall forward a recommendation of approval or disapproval
to the Department of Permits and Inspection within sixty (60) days from
the date of submission,
4. Where subdivision is required, a site plan which includes all information
required for a preliminary subdivision plat may be considered by the
Planning Commission as meeting the requirements of both the site plan
and preliminary subdivision plats.
5. Site plan submission is not required for single-family or two-family
dwelling unitsunless planned as part of a mixed -use development plan
in the RM or PR districts.
6. A site plan in simplified form shall be submitted for temporary or
seasonal uses limited to an area less than 2,500 sq. ft. Such plans shall
not require professional preparation. The plan shall be an accurate
scale drawing that contains sufficient information to establish building
setbacks, proposed ingress and egress, area designated for parking,
location and size of the building, functional description, hours of
operation, sign location and information regarding the handling of
stormwater run off.
(b) Site Plan Format
The site plan format and informational requirements shall be the same as that of
a preliminary subdivision plat (Subdivision Ordinance, Article III, Sections 306 and 307)
except that the following additional information is required for site plan approval.
'[7
In those cases where the eventual site use is not known, the Planning
Commission may waive the requirements for those data that are a function of specific
uses and may approve the site plan in preliminary form in order that construction may
proceed. The applicant is encouraged to submit as much data as is available in order
that the Planning Commission may render a thorough review of the site plan in
preliminary form. The preliminary review should contain enough information to establish
the building setbacks, the proposed ingress and egress, the general areas devoted to
parking, the proposed floor area, and any information available that may be used for
computation of storm water runoff or other data pertaining to impervious surface. That
information which is not known at the time of preliminary site plan review may be
deferred by the Commission until final review and approval as a second phase of site
plan review.
Approval of the preliminary version of the site plan is good for six months only
after which time the final site plan must be submitted for review and approval by the
Commission. The final review must provide for signage, outdoor lighting, specific parking
arrangements, and all other features required for site plan review not included on the
preliminary form. Final review and approval of the site plan. containing all the required
information must be granted by the Commission prior to the issuance of a use and
occupancy permit by the Department of Permits and Inspections.
1. Sites consisting of 3 acres or less shall be drawn at a scale of 1"=20 feet.
2. Site plan information (where applicable, refer to section of zoning district in
which use is proposed and Article 22 and 23):
* - Landscaping plan and reserved buffer areas. See Sec. 4.16
* - Fencing
* - Exterior lighting (location and height)
* - Off-street parking
* - Pedestrian walkways and sidewalks
Provisions for solid waste collection
- Open space and recreational facilities
- Communication antennas (TV, radio, etc.)
* - Transit/school bus waiting areas
* - Signs (location, height, size and design)
* - Proposed land uses, showing building locations
- Location of material storage
Location of special facilities for refuse collection, mail delivery, etc.
An approved forest stand delineation
3. The following supporting and computational information shall accompany the
site plan, where applicable (refer to section of zoning district in which use is
proposed and Articles 22 and 23):
Residential
* - Gross dwelling unit density (U/A)
Parking space ratio (space/D.U.) (space per dwelling unit)
19
- Open space ratio (sq. ft./D.U.)
- Projected daily sewerage effluent (G.P.D.)
- Projected marketing method (unit lot sales, unit lot rentals,
condominium sales, apartment rentals)
- Tentative projected building schedule (D. U./year)
- Development responsibilities, landscaping, recreational facilities
(developer-1-LO.A., etc.)
- Homeowners association - articles of incorporation, by-laws and
Covenants.
- Site coverage (impervious area/gross site area)
- A forest conservation plan
Commercial, Industrial, Institutional
• - Functional description (manufacturing process,, goods in trade,
• institutional functions, etc.)
• - Freight and delivery requirements
• - Projected daily, day and night, use of site (i.e. number of employees,
students, patients, customer demand, etc.)
* - Projected emission levels (industries only) (glare, heat, odor, air
pollutants, noise, vibration) Section 4.12
-Method of solid waste storage and disposal
- Site user transportation (auto, public transit, school bus, etc.)
* - Site coverage (impervious area/gross site area)
• - Maintenance responsibility (access roads)
* - These items are subject to the specified requirements of the Ordinance
in the applicable sections.
- A forest conservation plan.
Section 4.12 Performance Standards
The following performance standards shall be considered in all districts where
Business, Industrial, and Institutional uses are permitted.
(a) Control of smoke, dust and dirt, fumes, vapors, gases and odors.
The Maryland Air Pollution Control Standards shall be used to control the
emission of smoke, dust, dirt, fly ash, fumes, vapors, gases or odors.
(b) Control of heat and glare
No use shall carry on an operation that will produce heat or constant glare
that will adversely affect the uses of an adjacent property.
(c) Vibration Control
Machines or operations which cause vibration shall be permitted but in no
case shall any such vibration adversely affect the uses of an adjacent
property.
20
(d) Radiation of Electrical Emissions, Radioactivity or Electrical Disturbance
Activities which may emit dangerous radioactivity beyond closed areas shall
comply with State and Federal Codes. No electrical disturbances (except
from domestic household appliances) shall be permitted to affect adversely,
at any point, any equipment other than that of the creator of such
disturbance.
(e) Electric, Diesel, Gas or Other Power
Every use requiring power shall be so operated that any service lines,
substation, etc., shall conform to the highest applicable safety requirements.
They shall be constructed, installed, etc., so that they will be an integral part
of the architectural features of the building or, if visible from abutting
residential properties, shall be concealed by evergreen planting.
(f) Sewage and Waste Treatment
All methods of sewage and industrial waste treatment and disposal shall be
approved by the district .receiving the effluent and shall be in accordance
with all applicable regulations.
(g) Storage of Materials
1, No materials or wastes shall be deposited upon a lot in such form or
manner that they may be transferred off the lot by natural causes or
forces, nor shall any substance which can contaminate a stream or
watercourse or,otherwise render such a stream or watercourse
undesirable as a source of water supply or recreation, or which will
destroy aquatic life, be allowed to enter any stream or watercourse.
2. All materials or wastes which may cause fumes or dust or which may be
edible or otherwise attractive to rodents or insects shall be stored only if
enclosed in containers which are adequate to eliminate such hazards.
(h) The Board of County Commissioners may require a performance bond from
the applicant for any proposed use where the resulting vehicular traffic from
the business may result in damage to County roads. The determination for
this requirement shall be made in accordance with .a review of the following:
1. The proposed routes for the vehicular traffic entering and leaving the site
on public roads to the first intersection with a highway classification of
major collector or above in the Washington County Highway Plan.
Proposed routes, once approved as a part of the site plan, may not be
changed without approval of the Planning Commission subject to the
same standards applied to the original review.
2. An estimate of the average daily vehicular traffic from the site plus the
average gross weight of each vehicle.
21
3. The physical condition of the public road at the time of application
including pavement thickness, roadway width, and vertical and horizontal
alignment. This determination shall be made in accordance with
accepted engineering practices and standards.
Section 4.13 Distance Requirements24
Any use or buildings subject to compliance with this section shall be located no
closer than one hundred (100) feet from any dwelling, school, church, or institution for
human care not located on the same lot as the said use or buildings.
(a) A zoning permit shall be applied for with the Department of Permits and
Inspections and shall include the following:
A copy of the Soil Conservation Services Waste Management Plan as
defined in Article 28A or letter of exemption.
2. A copy of the University of Maryland Cooperative Extension Services
Nutrient Management Plan as defined in Article 28A.
Section 4.14 Mineral Extraction25
Low volume mineral extraction, as defined in Article 28A, shall be permitted in all
districts, except the RR, RS, RU, RM, and RV districts. Zoning approval for low volume
operations shall not require -the submission of 'a site plan but shall require the
submission of grading plans and erosion and'sediment control plans.
Moderate volume mineral extraction, as defined in Article 28A is provided for in
the C, A, A(R), EC, P and IG Districts as a special exception.
High volume mineral extraction, as defined in Article 28A, may be permitted only
in the "IM" District. The expansion of an ; existing high volume mineral extraction
operation in an A, C, or IG District shall be subject to the requirements of Sections 15.4
and 15.5.
Section 4.15 Family Day Carets
Nothing in this Ordinance shall prohibit the use of any residence to be used as a
registered Family Day Care Home. Family Day Care Homes shall be registered with and
meet all of the requirements of the Maryland Office of Child Care Licensing and
Regulation. Family Day Care is care given for compensation in lieu of parental care in a
residence other than the child's residence for part of'a twenty-four (24) hour day for:
24 Revision 11, Section 4.13 amended 7-20-99 (RZ-99-03
25 Revision 15, Section 4.14 amended 9/19106 (RZ-06.007/ORb-06.09)
26 Revision 3, Section 4.15 amended 12-11-90 (RZ452)
22
(a) Not more than eight (8) children under the age of thirteen (13) or to a
developmentally disabled person younger than twenty-one (21) years; and
(b) The provider's own child or children under the age of six (6) shall be
included in the total number of eight (8) children allowed; and
(c) At no time may the provider care for more than two (2) children under the
age two (2) years.
Section 4.16 Landscape Plan Standards
Landscaping is the treatment of the.ground surface with live plant materials so as
to provide aesthetic and visual enhancement to sites and buildings as well as buffering
and screening against noise and air pollution for the various classes of development.
The landscape plan shall include, at minimum, the following information drawn to
scale on the development plans.
1. Identification of. proposed treatment of all ground surface portions of the
development not, covered - by buildings, streets; and other impervious
surfaces.
2. The extent and location of all plant materials and, other landscape features
,drawn at appropriate scale. ..
3. Species and size of existing plant material to be retained.
4. Location and water outlets.
5. A plant material schedule.
All new plant materials shown on the landscape plan shall be identified in a
planting schedule that shall. include both, the common names and biological names,
symbols, size of trees, and shrubs, quantities, and installation date.
Section 4.17 Play Lots
Play lots are considered a necessary adjunct to multi -family development and are
to be designed to serve its residents. The category of play lots. includes those serving
the pre-schoolers, or tots, and the older children ranging from five to twelve, the pre-
teens. Below are guidelines and performance standards for play lots. There is no pre-
determined mix of tot lots and pre -teen lots for all developments since this will be a
function of the particular multi -family complex. It is incumbent on the developer to
propose a design for play lots with the understanding that the final arrangement and mix
shall be subject to approval by the. Planning Commission.
23
(a) Guidelines for Tot Lots
Tot lots are appropriate and necessary in multi -family residential and
planned unit development districts and should be designed to meet the
needs of both pre-schoolers - tots from about six months to five years - and
supervising adults. Since most of the users will travel to the tot lot on foot,
the lot should be located conveniently, centrally, and safely in the
development.
In the design, consideration should also be given to parents and supervising
adults who enjoy socializing while keeping an eye on the children. Play
equipment suitable for the -pre-school age group should include a small
spinner or saucer, spring animals, ' swings, sliding boards, and a small
climber. A paved area for wheeled toys is appropriate.
For the adults, landscaping for shade, benches oriented for socializing and a
view of the play area, and a litter basket should be provided.
(b) Guidelines for Pre -Teens
Pre -teen lots are an appropriate complement to tot lots in both multi -family
residential and planned unit development districts and should be designed to
meet the needs of the pre -teen group between 5 and 12 years of age. As
with tot lots, they should be located conveniently, centrally, and safely in the
development. Equipment, furnishings, and landscaping for the play lot
should be attractive, safe, and fun'ctional,'and should be selected based on
the activity characteristics of the users. Play lots designed for pre -teen
children should provide a series of activities that become progressively
difficult. An example is the linking of equipment so that swinging, climbing,
sliding, and observing are integrated. Equipment could include a spin -
around, a swing set, sliding board, a concrete pipe, and a climbing structure.
(c) Performance Standards for Play Lots (Tot and Pre -Teen Lots)
Play lots shall be a minimum of 225 square feet in area for developments
with up to 18 units. For developments with more than 18 units, the lots shall
be provided at the rate of 12 additional square feet per unit up to a maximum
of 780 square feet for each play lot. The lots shall be located on ground with
no more than 5 percent slope. Each lot shall be centrally and conveniently
located to serve users in the development or phase. The lots shall include
equipment, furnishings, and landscaping appropriate to the needs of the
users subject to the approval of the Planning Commission.
Play lot structures shall meet the following minimum siting design
requirements:
Fifteen foot setback from any building on site and twenty-five feet from
any property line.
24
2. Fifty foot setback from any street or parking lot.
3. Tot lot structures are to be at least twenty feet from pre -teen lot
structures.
4. Equipment shall not be sited in, on, or under any of these conditions:
a. Seasonally wet soils
b. Utility lines
c. On or in drainage courses
d. Stormwater detention areas
Section 4.18 Nursery Schools and Child Care Centers27 28
(a) Registered nursery schools or child care centers shall be considered an
incidental accessory use for any business located in the BT, BL, BG, IT,
IR, IG, AP, PB, PI, "PUD" and HI districts. Nursery schools and child
Care centers permitted as accessory uses under.this section shall be for
the use of employees and their families of the business. When it is
necessary to construct additional buildings to house accessory .day care
facilities, the Zoning Administrator shall determine, based on the impact
on the entire site, whether a site plan meeting the requirements of
Section 4.11 of the Washington County Zoning Ordinance shall be
submitted.
(b) Registered nursery or child care centers that are operated by a church
or other place of worship shall be considered an incidental accessory
use provided the child care service is housed within the primary
structure related to the place of worship. An affidavit attesting to the
location, hours of operation,- location of signage, and meeting the
parking requirements for the day care facility shall be submitted by the
applicant as part of the zoning certification application.
Section 4.19 Hazardous Waste and/or Controlled Hazardous Substance incineration28
In any "IR", "IG", or "IM" district, kilns used or modified for the purpose of
incinerating hazardous waste or recycling hazardous waste for fuel are prohibited.
Facilities or structures for the purpose of receiving, storing, or processing hazardous
waste or controlled hazardous substances for the purpose of incineration in kilns used or
modified in "IR", "IG", or "IM" districts are prohibited.
27 Revision 3, Section 4.18 added 12-11-90 (RZ-453)
28 Revision 16, Section 4.18 amended 814109 (RZ-09-001/ORD.09-08)
29 Revision 5, Section 4.19 added 6-9-92 (RZ-92-8)
25
Section 4.20 Collection and Storage of Recyclable Material3o
When a'use is subject to the requirements for a site plan as specified in Section
4.11, the applicant shall provide a specified location, on the subject site for the collection
and storage of recyclable materials, unless the Planning Commission determines there is
no need for such space. The Commission's decision on the need for such space and the
appropriate size shall be based • on the following:
(a) An evaluation of the proposed use of the site.
(b) The potential of the proposed use to generate recyclable materials.
(c) Consultation with the recycling coordinator or his designate.
(d) Recycling efforts currently employed by the proposed site occupant.
(e) Any other information the Commission determines is applicable.
Areas designated for the collection and storage of recyclable materials shall be
appropriately screened and of sufficient size to accommodate the collection and storage
of recyclable materials.
Section 4.21 Sensitive Areas31
(a) Application
The following zoning permits or permits for construction as required by
Article 24 of this ordinance shall also comply with the additional identification and design
requirements of 4.21(c) and 4.21(d) below.
1. Principal permitted uses.
2. Approved special exceptions.
3. Approved expansions of non -conforming uses.
4. All uses subject to site plan approval.
(b) Exemptions
The following zoning permits or permits for construction as may be required
by Article 24 of this ordinance shall be exempt from the additional identification' and
design requirements of 4.21(c) and 4.21(d) below.
30 Revision 5, Section 4.20 added 1-19-93 (RZ-92-6)
31 Revision 10, Section 4.21 added 11-5-96 (RZ-96.09).
26
1. Applications for accessory uses less than 300 square feet.
2. Demolition permits.
3. Expansions or additions to existing residential uses that do not exceed
50% of the existing building footprint.
4. All activities governed by Article 22, Division IX of this ordinance.
(c) Identification of Sensitive Areas
• All applications subject to this section shall include the following information
on a scale drawing. The relationship between the following features and the proposed
use or construction shall be clearly shown:
1. Location of streams as defined in Article 28A.
2. The boundaries of any flood plain as defined in the Washington County
Flood plain Management Ordinance.
3. Areas of steep slope as defined in Article 28A.
4. The limits of any area determined by the U.S. Fish and Wildlife Service to
be the habitat of a plant or animal species determined to be, threatened or
endangered according to 50 CFR 17.
5. Where applicable, the location of the subject property within the
watershed boundaries of the Edgemont or Smithsburg Reservoirs or the
Upper Beaver Creek Drainage Basin.
6. Where applicable, the location of the Appalachian Trail if within 500 feet
•of the boundary of the subject site.
(d) Design Requirements
If any of the features, listed in 4.21(c) (1-6) above exist on the subject
property, the following additional requirements shall apply.
1. Stream buffers shall be provided in the same manner as described in
Section 409 of the Subdivision Ordinance.
2. Use of the flood plain shall be governed according to Section 22.4 of this
ordinance and the Washington County Flood plain Management
Ordinance.
3. Septic systems and septic reserve areas shall not be located on areas of
steep slope. Best management practices to be used during other
27
construction on steeply sloped areas of the subject property may be
recommended by the Soil Conservation District.
4. Where it has been documented by the.U.S. Fish and Wildlife Service that
habitat of a threatened or endangered species exists on the site, the
applicant shall provide evidence of that determination and demonstrate
that the permitted activity will not disturb the habitat area. The applicant
must also demonstrate compliance with any other applicable restrictions
imposed by the U.S. Fish and Wildlife Service.
5. Any use that includes the installation of a new on -site well or sewage
disposal system, is proposed to be located in the Upper. Beaver Creek
Drainage Basin and is subject to site plan approval shall be subject to the
same hydrogeologic testing requirements as described in Section 411.1
of the Subdivision Ordinance.
Section 4.22 Commercial Communication Towers32
The purpose of this section is to regulate the placement, construction, and
modification of commercial communications towers as defined in Article 28A (hereinafter
"towers") and commercial communications equipment as defined in Article 28A
(hereinafter "equipment"). It is the intent of these regulations to minimize the visual
impact of towers and equipment, to minimize the number of towers through shared use
and co -location, to encourage utilization of technological designs that will either eliminate
or reduce the need for new towers ₹o support equipment and•,to ensure that all towers
and equipment are compatible with surrounding land uses' while assuring wireless
communications service to the Citizens of Washington County.
Equipment proposed to be located on an existing tower, or antenna support
structure as defined in Article 28A, shall be allowed in any district provided that the height
from grade of the equipment shall not exceed the heighf'from grade of the antenna
support structure by more than twenty (20) feet.
No permit to construct a tower may be issued unless the applicant demonstrates
to the Planning Commission, or where applicable, to the Board of Zoning Appeals, need
for the tower and that the applicant has exhausted all alternatives, to constructing a
tower. Applicants are required to prove need by:
a. demonstrating via statement or other evidence that, in terms of location and
construction, there are no existing towers: buildings, elevated tanks or other
structures able to provide the antenna platform required.
b. providing evidence', including coverage diagrams and technical reports,
demonstrating that co -location on existing sites is not technically possible in
order to serve the desired need.
32 Revision 11, Section 4.22 added 5-18-99 (RZ-99-01).
A. Design requirements33
In addition to the applicable requirements for a site plan as specified in Section
4.11, the applicant shall provide the following information as part of the site plan
submittal. These provisions shall apply to towers in all districts where permitted as a
principal permitted or special exception use:
Subject to a minimum setback of a distance equaling the total height of the
tower and equipment. 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.
2. Subject to a minimum distance requirement of a distance equaling the height
of the tower and equipment plus 200 feet from the RR, RS, RU, RM and RV
districts or the nearest part of any existing, dwelling, school, church, or
institution for human care, in any other district.
3. Subject to a minimum setback from all overhead transmission lines of a
distance equaling two times the height of the tower and equipment.
4. Subject to,a height not to exceed 200 feet. Measurement of tower height
shall includethe tower structure .itself,;, the base pad, and any other
equipment attached thereto which extends more than twenty (20) feet over
the top of the tower structure itself. The tower height shall be measured from
grade..,
5. Proposed towers shall meet the following minimum separation requirements
• from existing towers or towers which.have,been issued a permit but are not
• yet constructed:
(a) Monopole towers . shall be separated. from all other towers, whether
monopole, self-supporting lattice, or guyed, by a minimum of seven
hundred and fifty (750) feet.
(b) Self-supporting lattice or guyed towers shall, be separated from all other
self-supporting or guyed•towers by a minimum of,fifteen hundred (1,500)
feet.. .
(c) Self-supporting lattice or guyed towers shall be separated from all
monopole towers by a minimum of seven hundred and fifty (750) feet.
33 Revision 15, Section 4.22A.2. amended 9/19106 (RZ-06-0071ORD-06-09)
29
6. All towers shall be designed for co -location, which shall mean the ability of
the structure to allow for the placement of comparable equipment for other
carriers. An application for a tower shall be accompanied by an affidavit from
the applicant stating that one ten (10) foot space on the proposed tower will
be specifically reserved for use by the County, and that other spaces will be
made available to other future users, when possible.34
7. Fencing shall be provided around the base of the tower and any associated
equipment buildings.
8. All sites shall be identified by means of a'sign no larger than two square feet
affixed to the fence identifying the entity using the site and shall provide the
telephone number of a contact person in the event of an emergency.
9. Towers not requiring FAA painting or marking shall have an exterior finish
which enhances compatibility with adjacent land uses, as approved by the
Planning Commission or Board of Zoning Appeals. Towers shall not be
lighted unless specifically required by the FAA.
10. In order to protect the natural skyline, towers should be sited within areas of
mature vegetation and should be located down slope from ridge lines, and
toward the interior of the parcel whenever possible. Placement should only
be considered elsewhere on the property when valid technical data supplied
by the applicant indicates that there is no other suitable location.
11. Towers proposed to be located within the Appalachian Trail corridor special
planning area as identified in the adopted Comprehensive Plan for the
County, any "AO" Antietam Overlay zoning district or "HP" Historic
Preservation zoning district shall utilize stealth technology as defined in
Article 28A to minimize visual impact.
12.35 (a) A Commercial Communication Tower that is out of service for a
continuous six (6) month period will be deemed to have been
abandoned. The Zoning Administrator may issue a Notice of
Abandonment to the Owner of the Tower that is deemed to be
abandoned'.' The Owner shall have the right to respond in writing to the
Notice of Abandonment setting forth the reasons for operation difficulty
and providing a reasonable timeframe for correction action, within thirty
(30) days from the date of the Notice. The 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
Tower has not been abandoned.
(b) If the Tower is determined to be abandoned, the Owner of the Tower
shall remove the Tower and all related equipment at the Owner's sole
expensed within three (3) months of the Date of Notice of Abandonment.
34 Revision 16, Section 4.22A.6. amended 814/09 (RZ-09.001/ORD-09-08)
35 Revision 16, Section 4.22A.12. added 814/09 (RZ-09-001/ORD-09-08)
30
If the Owner fails to remove the Tower and related'equipment, the
Administrator may pursue legal action to have the Tower removed at the
Owner's expense.
B. Additional Provisions for Towers Permitted by Special Exception
In addition to the limitations, guides and standards enumerated in Section 25.6,
the Board of Zoning Appeals shall consider the following provisions when considering a
request for a special exception for a commercial communications tower.
In those cases where a proposed tower is part of a grid or network, the
applicant shall provide a map indicating the location of any existing or
proposed towers in the grid or network within Washington County and within
one (1) mile of the County boundary.
2. The tower shall be compatible with and shall not adversely impact the
character and integrity of surrounding properties. Consideration shall be
given to the view shed associated with scenic and historic areas and to the
use of stealth technology to minimize the visibility of the proposed tower.
3. The applicant shall submit a visual :analysis which may include, photo
simulation, field mock-up, elevations or other visual or graphic illustrations to
determine visual impact. Consideration shall be given to views from public
areas as well as from private residences. The analysis shall assess the
cumulative impacts of the proposed facility and other existing and
foreseeable towers in the area, and shall identify and include all feasible
mitigation measures.
4. The Board. may include conditions on the site where the tower is to be
located if such conditions are necessary to preserve the character and
integrity of the area affected by the. proposed tower and mitigate any
adverse impacts which arise in connection with approval of the special
exception.
Section 4.23 Certified Adult Residential Environment Homes36
Nothing in this Ordinance shall prohibit the use of a private home, which is the
residence of the care provider, as a Certified Adult Residential Environment home,
("C.A.R.E. Home"). C.A.R.E. Homes shall be registered with and meet the requirements
of the Community Services Administration as set forth in Md. Code, Article 88A, §§138
to 143, inclusive, and COMAR Chapter 07.06.15, as amended.
(a) A C.A.R.E. Home is a home that:
36 Revision 12, Section 4.23 added 9111101 (RZ-01-03).
31
Provides a supportive housing arrangement, help in
reaching community resources, and protective oversight to
a resident;
2. Provides room and board to at least four (4) but not more
than eight (8) adults; and 37
3. Accepts as compensation for its services a rate or amount
set by the Washington County Department of Social
Services:
(b) A C.A.R.E. Home does not provide:
1. Nursing care;.
2. Psychiatric treatment; or
3. Specialized professional intervention.
Section 4.24 Small Wind Energy Systems33
A Small Wind Energy System; as defined in Article 28A, shall be considered an
accessory use in all zoning districts. The purpose of this section is to establish
regulations to facilitate the installation and construction of Small Wind Energy Systems
in Washington County for private landowners, subject to reasonable restrictions which
will preserve the public health' and safety
(a) The following standards shall apply' to the development of Small Wind
Energy Systems:
Setbacks. A wind tower for a. Small Wind Energy System shall be
set back a distance equal to its• total height plus an additional
twenty (20). feet from:
a. any State or County right-of-way or the nearest edge of a
State or County roadway, whichever is closer;.
b. any right of ingress or egress on the owner's property;
c. any overhead utility line;
d. any property line;
e. any existing guy wire, anchor or other Small Wind Energy
tower on the property; and
2. Access.
a. All ground -mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
37 Revision 17, Section 4.23(a)(2. amended and off. 2/26/13 (RZ-12-004/ORD-2013-03)
38 Revision 16, Section 4.24 added 6/16/09 (RZ-09.004/ORD-09-04)
32
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 fifteen (15) 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. Clearance. '.The blade tip or vane of any Small Wind Energy
System shall have a minimum ground clearance of fifteen (15) feet
as measured at the lowest point of the arc of the blades.
5. 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.
6. Appearance, Color and Finish. The wind generator and wind
tower shall remain painted or finished the color of finish that was
originally applied by the manufacturer.
7. 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.
8. Code Compliance. A Small Wind Energy System and all of its
components shall comply with all applicable construction and
electrical codes.
9. Utility notification and interconnection. Small Wind Energy
Systems that connect to the electric utility shall comply with
applicable Public Service Commission regulations.
10. Small Wind Energy Systems attached to any building shall not
exceed the permitted height for principal structures within the
zoning district plus twelve feet.
11. Meteorological towers shall be permitted under the same
standards, permit requirements, restoration requirements, and
permit procedures as a Small Wind Energy System.
12. Each property is eligible for two Small Wind Energy Systems only.
In the A(R), EC and P Zoning Districts, additional Small Wind
33
Energy Systems shall be permitted. The total number shall not
exceed what is necessary to generate two times the amount of
electricity for the established uses on the property in a calendar
year.
(b)
(c)
(d)
(e)
Public Service Commission
In accordance with the Maryland Annotated Code, Public Utilities
Companies, Section 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 Public Service Commission (PSC) for
approval and provide documentation of such approval to Washington
County prior to construction and issuance of a building permit.
Noise
Audible sound due to Small Wind Energy System operations shall not
exceed fifty-five (55) dBA for any period of time, when measured from the
property line of any adjacent property improved with a dwelling unit at the
time of the issuance of the zoning certificate. The level however may be
exceeded during short-term events such as utility outages and/or severe
windstorms.
Electromagnetic Interference
The system shall be operated so that no disruptive electromagnetic
interference is caused to off -site telecommunications, surveillance or
other similar systems. if it has been demonstrated that a system is
causing such disruptive interference, the system owner shall promptly
eliminate the disruptive interference or cease operation of the system.
Violations
It is unlawful for any person to construct, install, or operate a Small Wind
Energy System that is not in compliance with this section or with any
condition contained in a building permit issued pursuant to this section.
34
• Wind Energy System
+115
IF
w
tor
i
T3;
Section 4.25 Solar Collection Systems3s
a
Solar Collection Systems as defined in Section 28A shall be considered an
accessory use in all zoning districts. The purpose of this section is to establish
regulations to facilitate the installation and construction of Solar Arrays.
The following standards shall apply to the development of Solar
Collection Systems:
1. Setbacks: Six (6) feet from all property lines and other structures
2. Height: Freestanding Collection systems shall not exceed twenty
(20) feet in height.
3. Size: Freestanding Collection systems on residential properties
shall not exceed the greater of one-half (1/2) the footprint of the
principal structure or six hundred (600) square feet, whichever is
greater, except than in the A(R), EC, and P zoning districts, where
they may be equal to the footprint of. the structure. The size of
arrays for non-residential properties shall not exceed the footprint
of the principal structure.
as Revision 16, Section 4.25 added 6/16/09 (RZ-09.004/ORD-09-04)
35
SOLAR ARRAY
• A x 8 =square feet of
solar array
A ! It SideView
tjB 1,
6'Setback i '
1
1
Lot L(ne f
f r k�•=+1
1 FrontVlew
rrontYard
�Setba' ck '
Area defined by drawing 'a
line around the exterior limit fvr-f-�I'
ofanyindiyidualcomponentof thesdfartdllectioris}%stem
may.not exceed one,half of
the footprint of the principal
structure or 660 square- feet
whichever Is greater.
4. Solar Collection Systems are permitted to be located on the roof
or exterior wall of a structure subject to the following:
a) Collection systems shall not extend more than twelve (12) feet
above the roof line; and
b) Collection systems located on the roof or attached to a
structure shall provide; as part of their permit application, a
structural certification.
5. Code Compliance: Solar Collection Systems shall comply with all
.applicable building and electrical codes.
6. Solar collection systems may be located on accessory structures.
7. Collection systems located on an agricultural assessed property
shall be permitted to have additional collection systems for each
building on the property. The size of the system shall be limited to
the need of the building.
8. A property owner who has installed or intends to install a solar
collection system shall be responsible for negotiating with other
property owners in the vicinity for any necessary solar easement
36
and shall record the easement with the Clerk of the Court. A
property owner who fails to secure an easement for the receipt of
solar energy acts at his own peril and has no recourse against the
person allowing or causing the obstruction of the owner's receipt
of solar energy. Other property owners in the vicinity may obstruct
solar energy unless a valid easement has been secured.
Section 4.26 Solar Energy Generating Systems 4
The purpose of this section is to establish regulations to facilitate the installation
and construction of Solar Energy Generating Systems as defined in Section 28A
(hereinafter "SEGS") for landowners, subject to reasonable restrictions which will
preserve the public health and safety.
SEGS shall be permitted as a land use as specified in Sections 3.3 and 21.32 of
this ordinance. However, SEGS shall be prohibited as a use in defined Priority
Preservation Areas, Rural Legacy Areas, and Antietam Overlay zones.
A. Design Standards
The following standards shall apply to the development of Solar Energy
Generating Systems'
1. A property owner who has installed or intends to install a solar energy
generation system shall be responsible for negotiating with other property
owners in the vicinity for any necessary solar easement and shall record
the easement with the Clerk of the Court. A property owner who fails to
secure an easement for the receipt of solar energy acts at his own peril
and hasno ' recourse against the person allowing or causing the
obstruction of the owner's receipt of solar energy. Other property owners
in the vicinity may obstruct solar energy collection systems unless a valid
easement has been secured.
2. Solar Energy Generating Systems shall adhere to the setback, height,
and coverage requirements of the district in which they are located. All
above ground` facilities associated with suchgenerating system
(excluding perimeter security fencing) shall be considered a structure for
the purposes of determining required setbacks.
3. Minimum Lot Size. No such generating system shall be erected on any
lot less than twenty acres in size.
4. Buffer' Yards. The area designated as a buffer yard may include any
required side, rear, or front yards. A 25 foot wide buffer yard shall be
required where the adjoining lot is either zoned for or contains dwellings,
hospitals; nursing homes, schools, or other institutions for human care.
The buffer area shall be measured between the lot line and any area of
the lot proposed for use or development and shall be screened with
vegetative plantings. The plantings shall be spaced so as to create an
opaque screen between the adjoining land uses at a height of no less
than 10 feet at maturity. The Planning Commission may waive and/or
40 Revision 17, Section 4.26 added 10/4/11, eff. 10/15/11 (RZ-11-003/ORD-2011-21)
37
modify this requirement if the strict application of the provisions of this
section reduces the usable area of a lot due to lot configuration or size to
a point which would'preclude a reasonable use of the lot.
5. Access. All ground -mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access. A security fence
(height and material to be established through the special use permit
process) shall be placed around the perimeter of the solar energy
generating system and electrical equipment shall be locked. Knox boxes
and keys shall be provided at locked entrances for emergency personnel
access.
6. Electrical Wires. All electrical. wires associated with a Solar Energy
Generating System, other than wires necessary, to connect the solar
generator to the off -site distribution system, the wiring to the disconnect
junction box, and the grounding wires shall. be located underground.
7. Lighting. All structure mounted and parking lot ;lighting shall be
constructed sothat light and glare are diffused toward the ground
8. Appearance, Color and Finish - The solar energy collection structures
shall remain painted or finished the color.of finish that was originally
applied by the manufacturer.
9. Signs. Signage shall comply with Article 22 Division it of this Ordinance.
In addition, warning signage shall be placed on electrical equipment and
generating system entrances. All sites shall be identified by means of a
sign no larger than two (2) square feet in size affixed to the fence
identifying the entity.. using the site and shall provide the telephone
number of a contact person in the event of an emergency.
10. Noise. Audible sound due to Solar Energy Generating System operations
shall not exceed fifty-five (55) dBA for any period of time, when measured
from the property line of any adjacent property improved with a dwelling
unit at the time of the issuance of the zoning .certificate. The level
however may be exceeded during short-term events such as utility
outages and/or severe windstorms.
11. Electromagnetic interference. The system shall be operated so that no
disruptive electromagnetic interference is caused to off -site
telecommunications, surveillance orother similar systems. If it has been
demonstrated that a system is causing' such disruptive interference, the
system owner shall promptly eliminate the disruptive interference or
cease operation of the system.
12. Code Compliance. A'Solar Energy Generating System and all of its
components shall comply with all applicable construction and electrical
codes.
13. Utility notification and interconnection. Solar Energy Generating Systems
that connect to the electric utility shall comply with applicable Public
Service Commission regulations.
14. Public Service Commission. In accordance with the Maryland Annotated
Code, Public Utilities Companies, Section 7-207.1, any property owner
seeking to construct a Solar Energy Generating 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 Public
Service Commission (PSC) for approval and provide documentation of
38
such approval to Washington County prior to construction and issuance of
a building permit.
15. Violations. It is unlawful for any person to construct, install, or operate a
Solar Energy Generating System that is not in compliance with this
section or with any condition contained in a building permit issued
pursuant to this section.
16. Life of the project and final reclamation. As part of the site plan approval,
a description of the decommissioning and final land reclamation plan after
anticipated useful life or abandonment or termination of the project shall
be required. This will include evidence of an agreement with the property
owner that ensures proper final removal of power generating equipment.
B. Design Standards in Airport Zones
For the purpose of this section an Airport Zone shall mean all Euclidean and
overlay districts outlined in Article 21 of this Ordinance.
Anyone planning to establish a SEGS Within any Airport district should refer to
the Federal Aviation Administration (FAA) guidance document FAA-ARP-TR-10-1 —
Technical Guidance for Evaluating Selected Solar Technologies on Airports. In addition,
the following design standards shall apply to installation of SEGS in any Airport Zone:
1. Solar collection devices shall be limited to photovoltaic devices only.
Concentrated solar power systems are prohibited due to potential
reflectivity, electromagnetic interference, and thermal plume hazards.
2. All SEGS projects located within airport zones shall be subject to review
by the FAA.
39
ARTICLE 5 "C" CONSERVATION DISTRICT
Section 5.0 Purpose
The purpose of this 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.
The following regulations and the applicable regulations contained in other
articles shall apply to the "C" Conservation District:
Section 5.1 Principal Permitted Uses41
(a) Agriculture, • as defined in Article 28A, including animal husbandry facilities
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX.
(b) Forest; forestation and wildlife preserves
(c) Campgrounds, riding academies;' golf courses, riding trails, summer or
winter resort areas, hunting, .fishing or country clubs, game preserves and
similar uses for the purpose of preserving and enjoying the natural
resources of the property, but not including marinas, boat rentals, docks,
piers, or wharves.
(d) Water supply works, flood control or watershed protection works, and fish
and game hatcheries.
(e) Permanent nonfarm single-family dwellings; provided that the minimum lot
size shall be maintained at three (3) acres.
(f) Mobile homes; provided that the same are utilized as a single-family
dwelling, and provided that the minimum lot size is three (3) acres, and
further provided that said mobile home provides housing and is in
compliance with the requirements of Section 22.54.
(g) Sawmills for cutting timber, provided that such use shall be located three (3)
times the distance requirements specified in Section 4.9.
41 Revision 2, Section 5.1(k) amended 10-17-89 (RZ-425)
Revision 3, Section 5.1(I) added 12-12-89 (RZ-437)
Revision 7, Section 5.1(a) amended 2-8.94 (RZ-93-13).
Revision 7, Section 5.1(I) repealed 2-8-94 (RZ-93-13).
Revision 11, Section 5.1(a) amended 7-20.99 (RZ-99-03)
40
(h) Churches, parish houses, and other places of worship.
(i) Travel trailer parks, subject to the provisions of Section 22.52; and provided
such use shall be three (3) times the distance requirements specified in
Section 4.9.
(j) Public buildings, structures, and properties of the recreational, cultural,
administrative, or public service -type, including fire;: ambulance, or rescue
services.
(k) Dairy products stores, grocery stores, produce stands, service stations,
beauty parlors, andbarber shops. A site plan shall be required for these
uses pursuant to the standards of.Section 4.11 except for all uses where the
area devoted to the use is less than twenty-five hundred (2,500) square feet.
Beauty parlors and barber shops in. residence shall not require a site plan or
any additional lot area, lot width, or setbacks over that which is required for
the subject dwelling as; specified in Section 5.5 or asmodified in Article 23.
(Repealed 2-8-94; RZ-93-13)
Section 5.2 Special Exceptions (Requiring Board Authorization After Public Hearing)42
(a) Mpderate volume mineral extraction and mineral processing as defined in
Article 28A„subject to the requirements of Sections. 15.4, 15.5 and 25.6.
Mineral processing shall be for minerals mined on the site.
(b) Public utility buildings and structures other than essential utility equipment,
as defined in Article 28A.
(c) Trap, skeet, rifle, or archery range, including gun clubs; provided such use
shall be five (5) times the distance requirements specified in Section 4.9.
(d) Veterinary clinics, aninjal' hospitals, or kennels without outside runways or
exercise areas.
(e) Marinas,boat rentals, docks,piers and wharves.
(f) Any other use that the Board finds is functionally similar to any principally
permitted use or special exception listed in this Article. The Board shall not
grant any special exception which is inconsistent with the purpose set forth
for this District, nor which will materially or adversely affect the use of any
adjacent or neighboring properties.
42 Revision 7, Section 5.2(h) added 2/1/94 (RZ-93-12)
Revision 11, Section 5.2(i) added 5/18199 (RZ-99-01)
Revision 12, Section5.2(d) amended and 5.2(j) added 8/20/02 (RZ-02-002)
41
(g) Cemeteries, mausoleums, and memorial gardens.
(h) Senior Assisted Group Home, which home(s) shall provide daily living for
elderly residents and meet all necessary approvals.
(i) Commercial Communications Towers, subject to the requirements of
Section 4.22.
Q) Veterinary clinics, animal hospitals, or kennels with outside runways or
exercise areas shall comply with Section 5.5. In addition, the outside
runway or exercise area shall be no less than 175 feet from any dwelling,
church, school or institution for human care not located on the same lot.
Section 5.3 Accessory Uses43
(a) Accessory buildings and uses customarily incidental to any principal
permitted use or authorized -special exception use.
(b) . Private stables as defined in Article 28A shall be subject to the requirements
set forth in Article 4, Section 4.13.
Section 5.4 Height Regulations
. Except on farms and except as provided in Section 23.4, no buildings or structure
shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet. .
Section 5.5 Lot Area, Lot Width, and Yard Requirements44 45
The following minimum requirements shall apply except as hereinafter modified
in Article 23.
43 Revision 11, Section 5.3(b) amended 7120199 (RZ-99-03)
44 Revision 11, Section 5.5 amended 7/20/99 (RZ-99-03)
45 Revision 12, Section 5.5 amended 8/20102 (RZ-02-002)
42
Lot
Lot
Front
Side
Rear
Area
Width
Yard
Yard
Yard
Dwellings
3 acres
300 ft.
50 ft.
50 ft.
50 ft.
Mobile Homes
3 acres
300 ft.
50 ft.
50 ft.
50 ft.
Other Uses 3 acres
300 ft.
50 ft.
50 ft.
50 ft.
Veterinary clinics, animal hospitals, or kennels without outside runways or
exercise areas, including the dwelling.
Lot
Lot
Front
Side
Rear
Area
Width
Yard
Yard
Yard
3 acres
300 ft.
50 ft.
50 ft.
50 ft.
Veterinary clinics, animal hospitals, or kennels with outside
runways or exercise
areas, Including the dwelling. (See also section 5.2(j)).
Lot
Lot
Front
Side
Rear
Area
Width
Yard
Yard
Yard
4 acres
300 ft.
50 ft.
50 ft.
50 ft.
[Except Section 5.2(e), (i)]
43
ARTICLE 5A - "A(R)" AGRICULTURAL (RURAL) DISTRICT46
Section 5A.0 Purpose
The purpose of this district is to provide for continued farming activity and the
many uses that do not require public water and sewerage facilities and which may be
more suitably located outside of the urban -type growth of the larger communities of the
County. The Agricultural zoning district has been purposely drawn to enclose large
blocks of the best soils for Intensive agricultural production as well as gently rolling
topography for farming. Most of the operating farms as well as the largest block of
farmland preserved through the Agricultural Preservation Program is located in this area.
Section 5A.1 Principal Permitted Uses and Accessory Uses
See the Table of Land Uses [Section 3.3, Table No. 3.3(1)]
Section 5A.2 Special Exceptions
See the Table of Land Uses [Table No. 3.3(1)] and any other use the Board of
Appeals finds is functionally similar to any permitted use or special exception listed in the
table for this district. The Board of Appeals shall not grant any special exception that is
inconsistent with the purpose set forth for this district.
Section 5A.3 Criteria
The maximum density in the Agricultural zoning district shall be one (1) dwelling
unit per five (5) acres of land owned minus the lot area taken off under Section 5A.4.
Section 5A.4 Exemptions
(a) Each parcel of land of sufficient size as of October 29, 2002 shall be
permitted to subdivide up to three (3) lots, which may be increased to a
maximum of five (5) lots based on a sliding scale of one additional'lot for
each fifty (50) acres of land. The minimum lot size shall be the minimum
lot size for the zoning of the property prior to the effective date of this
amendment.. Additional lots permitted under the zone will then be
calculated on the remaining acreage based on one lot for every five
acres.
(b) Additional exemptions are available for the preservation of historic
properties listed on the County Inventory of Historic Sites, the National
Register of Historic Places or the Maryland Historical Trust's Inventory of
Historic Sites. A lot may be created around the . existing historic
site/structure along with two additional lots on the original parcel upon the
owner requesting and the Board of County Commissioners approving the
placement of an "HP" Historic Preservation District, Overlay designation
on the lot with the historical site or structure.
46 Revision 14, Article 5A added 7/26/05 (RZ-03-005)
44
Section 5A.5 Residential Lot Size and Bulk Dimensions47
Lot
Lot
Lot Area/Family
Front Yard
Side
Rear
Height
Area
Width
Yard
Yard
Dwelling,
40,000
100 ft.
40,000 sq. ft.
40 ft in.
15 ft.
50 ft.
40 ft.
Single
sq. ft.
Family
Dwelling,
40,000
100 ft.
20,000 sq. ft.
40 ft.
15 ft.
50 ft.
40 ft.
Two -Family
sq. ft.
Dwelling,
20,000
50 ft.
20,000 sq. ft.
40 ft.
15 ft.
50 ft.
40 ft.
Semi-
sq. ft.
Detached**
- oemraetacneu awenmgs are special exception uses in trus msmcr ana require eoara or toning Hppeais
approval.
Section 5A.6 Non -Residential Lot Size and Bulk Dimensions (not covered in Rural
Business)48
This section covers uses listed in the Table of Land Uses [Table No. 3.3(1)] that
are principally permitted and that are not governed by the Rural Business floating zone.
Lot Area
Lot Width
Front Yard
Side Yard
Rear Yard
Schools,mentar
Ele
15 Acres
400 ft.
150 ft.
100 ft.
60'ft.
Schools, Middle
30 Acres
500 ft,
150 ft.
100 ft.
50 ft.
Schools; High
60 Acres
500 ft.
150 ft.
100 ft.
50 ft.
CliUrches
2 Acres
200 ft.
100 ft.
50 ft.
50 ft.
Other Principal
Permitted or
3 Acres
300 ft.
50 ft.
50 ft.
50 ft.
Conditional Uses
Section 5A.7 Special Provisions49
1. New development adjacent to. existing Industrial Mineral (IM), zoning districts shall
have'a setback of 200 feet from all shared property lines.
2. Developments opting to use the clustering provision outlined in Article 22, Division
VIII of this Ordinance may reduce side yard setbacks to a minimum of 15 feet from
adjacent property lines created by the new development.
3. Development that occurs within the Airport Overlay Area as designated in the
Comprehensive Plan shall have a density requirement of one (1) dwelling unit per
fifty (50) acres of land owned. No lots under Section 5A.4 shall be permitted in the
Airport Overlay Area.
4. Side yard setbacks for residential use lots shall be a minimum of 50 ft. for lots five (5)
acres or greater in size.
47 Revision 16, Section 5A.5 amended 814/09 (RZ-09-001)
48 Revision 15, Section 5A.6 amended 9119106 (RZ-06-007)
49 Revision 16, Section 5A.7 amended 8/4/09 (RZ-09-001)
45
5. Side yard setbacks for residential use lots that are contiguous to parcels with
permanent easements or parcels in areas designated as priority agricultural
preservation areas or transferable development rights sending areas shall have
minimum setbacks of 50 feet.
6. The Planning Commission may increase minimum setbacks up to 50 feet for
properties adjacent to parcels that are being actively farmed or parcels with an
Agricultural district designation.
ARTICLE 5B - "EC" ENVIRONMENTAL CONSERVATION DISTRICT50
Section 5B.0 Purpose
The purpose of this 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.
Section 5B.1 Principal Permitted Uses and Accessory Uses
See the Table of Land Uses [Section 3.3, Table No. 3.3(1)]
Section 5B.2 Special Exceptions
See the Table of Land Uses [Table No. 3.3(1)] and any use the Board of Appeals
finds is functionally similar to any permitted use or special exception listed in the table for
this district. The Board of Appeals shall not grant any special exception that is
inconsistent with the purpose set forth for this district.
Section 5B.3 Criteria
The maximum density in the Environmental Conservation zoning district shall be
one (1) dwelling unit per twenty (20) acres of land owned minus the lot area taken off
under Section 5B.4.
Section 5B.4 Exemptions
(a) Each parcel of'land of sufficient size as of October.29, 2002 shall be
permitted to subdivide up ,to three (3) lots, which may be increased to a
maximum of five (5) lots based on a sliding scale of one additional lot for
each fifty (50) acres of land. The minimum lot size shall be the minimum
lot size for the zoning of the property prior to the effective date of this
amendment. Additional lots permitted under the zone will then be
calculated on the remaining acreage based on one lot for every twenty
acres.
(b) Additional exemptions are available for the preservation of historic
properties listed on the County Inventory of Historic Sites, the National
Register of Historic. Places or the Maryland Historical Trust's Inventory of
Historic Sites. A lot may be created around the existing historic
site/structure along with two additional lots on the original parcel upon the
owner requesting and the Board of County Commissioners approving the
placement of an "HP" Historic Preservation District Overlay designation
on the lot with the historical site or structure.
50 Revision 14, Article 5B added 7/26105 (RZ-03-005)
47
Section 5B.5 Residential Lot Size and Bulk Dimensions51
Lot
Lot
Lot
Front
Side
Rear
Height
Area
Width
Area/Family
Yard
Yard
Yard
Dwelling,
40,000
100 ft.
40,000 sq.
40 ft.
15 ft.
50 ft.
40 ft.
Single.
sq. ft.
ft.
Family
Dwelling,
40,000
100 ft.
20,000 sq.
40 ft.
15 ft.
50 ft.
40 ft.
Two -Family
sq. ft.
ft.
Dwelling,
20,000
50 ft..
20,000 sq.
40 ft.
15 ft.
50 ft.
40 ft.
Semi-
sq. ft.
ft.
Detached*"
Semi-detached dwellings are special exception uses in this district and lequire Board of Zoning Appeals
approval.
Section 58.6 Non -Residential Lots Size and Bulk Dimensions (not covered in
Rural Business)52
This section covers uses listed in the Table of Land Uses [Table No. 3.3(1)] that
are principally permitted and that are not governed by the Rural Business floating zone.
Lot Area
Lot Width
Front Yard
Side
Rear Yard
Yard
Schools,ar
Element
15 Acres
400 ft.
150 ft.
100 ft.
50 ft.
Schools, Middle
30 Acres
500 ft.
150 ft.
100 ft.
50 ft.
Schools, High
60 Acres
500 ft.
150 ft.
100 ft.
50 ft.
Churches
2 Acres
200 ft.
100 ft.
50 ft.
50 ft.
Other Principal
Permitted or
3 Acres
300 ft.
50 ft.
50 ft.
50 ft.
Conditional Uses
Section 5B.7 Special Provisions53
1. New development" adjacent to existing Industrial Mineral (IM) zoning districts
shall have a setback of 200 feet from all shared property lines.
2. Developments opting to use the clustering provision outlined in Article 22,
Division VIII of this Ordinance may reduce side yard setbacks to a minimum of 15
feet from adjacent property lines created by the new development.
51 Revision 16, Section 58.5 amended 814/09 (RZ-09-001)
52 Revision 15, Section 58.6 amended 9/19/06 (RZ-06.007)
53 Revision 16, Section 5B.7 amended 8/4/09 (RZ-09.001)
48
3. Side yard setbacks for residential use lots shall be a minimum of 50 ft. for lots
twenty (20) acres or greater in size.
4. Side yard setbacks for residential use lots that are contiguous to parcels with
permanent easements or parcels in areas designated as priority agricultural
preservation areas or transferable development rights sending areas shall have
minimum setbacks of 50 feet.
.5. The Planning Commission may increase minimum setbacks up to 50 feet for
properties adjacent to parcels that are being actively farmed or parcels with an
Agricultural district designation.
ARTICLE 5C - "P" PRESERVATION DISTRICT54
Section 5C.0 Purpose
The purpose of this 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 includes the County's designated Rural
Legacy Area, federal lands, state parks, state wildlife management areas, county parks,
Edgemont Watershed, and most of the mountaintops and the Potomac River.
Section 5C.1 Principal Permitted Uses and Accessory Uses
See the Table of Land Uses [Section 3.3, Table No. 3.3(1)]
Section 5C.2 Special Exceptions
See the Table of Land Uses [Table No. 3.3(1)] and any other use the Board of
Appeals finds is functionally similar to any permitted use or special exception listed in the
table: for this district: The. Board of Appeals shall not grant any special exception .that is
inconsistent with the purpose set forth for this district.
Section 5C.3 Criteria
The maximum density in the Preservation zoning district shall be one (1) dwelling
unit per thirty (30) acres of land. owned minus the lot area taken off under section 5C.4.
Section 5C.4 Exemptions
(a) Each parcel of land of sufficient size as of October 29, 2002, shall be permitted
to subdivide up to three (3) lots, which may be increased to five (5) lots based
on a sliding scale of one additional lot for each fifty (50) acres of land. The
minimum lot size shall be the minimum lot size for the zoning of the property
prior to the effective date of this amendment. Additional lots permitted under
the zone will then be calculated on the remaining acreage based on one lot for
every thirty (30) acres.
(b) Additional exemptions are available for the preservation of historic properties
listed on the County Inventory of Historic Sites, the National Register of Historic
Places or the Maryland Historical Trust's Inventory of Historic Sites. A lot may
be created. around the existing historic site/structure along with two additional
lots on,the original parcel upon the owner requesting and the Board of County
Commissioners approving the placement of an "HP". Historic Preservation
District Overlay designation on the lot with the historical site or structure.
54 Revision 14, Article 5C added 7126105 (RZ-03-005)
50
Section 5C.5 Residential Lot Size and Bulk Dimensions55
Lot
Lot
Lot
Front
Side
Rear
Height
Area
Width
Area/Family
Yard
Yard
Yard
Dwelling,
40,000
100
40,000 sq.
40 ft.
15 ft.
50 ft.
40 ft.
Single
sq. ft.
ft.
ft.
Family
Dwelling,
40,000
100
20,000 sq.
40 ft.
15 ft.
50 ft.
40 ft.
Two -Family .
sq. ft.
ft.
ft.
Dwelling,
20,000
50 ft.
20,000 sq.
40 ft.
15 ft.
50 ft.
40 ft.
Semi-
sq. ft.
ft.
Detached**
** Semi-detached dwellings are special exception uses in this district and require Board of Zoning Appeals
approval
Section 5C.6 Non -Residential Lot Size and Bulk Dimensions (not covered in Rural
Business)56
This section covers uses listed in the Table of Land Uses [Table No. 3.3(1)] that
are principally permitted and that are not governed by the Rural Business floating zone.
Lot Area
Lot
Width
Front
Yard
Side
Yard
•. Rear
Yard
Schools, Elementary
15 Acres '
400 ft.
150 ft. "
100'ft.
50 ft.
Schools, Middle
30 Acres
500 ft.
150 ft.
' 100 ft.
50 ft.
Schools, High
60 Acres
500 ft.
150 ft.
100 ft.
50 ft.
Churches
2 Acres
200 ft.
100 ft. '
' 50=ft.
'50 ft.'
Other Principal
Permitted or
Conditional Uses
3 Acres
300 ft.
50 ft.
50 ft.
50 ft.
Section 5C.7 Special Provisions57
1. New development adjacent to existing Industrial Mineral (IM) zoning district
shall have a setback of 200 feet from all shared property lines.
2. Developments opting to use the clustering provision outlined in Article 22
Division VIII of this Ordinance may reduce side yard'Setbacks to a minimum
of 15 feet from adjacent property lines created by the new development.
3. Side yard setbacks for residential use lots shall be minimum of 50 ft. for lots
thirty (30) acres or greater in size. -
55 Revision 16, Section 5C.5 amended 8/4/09 (RZ-09-001)
56 Revision 15, Section 5C.6 amended 9119/06 (RZ-06-007)
57 Revision 16, Section 5C.7 amended 8/4109 (RZ-09-001)
51
4. Side yard setbacks for residential use lots that are contiguous to parcels with
permanent easements or parcels in areas designated as priority agricultural
preservation areas or transferable development rights sending areas shall
have minimum setbacks of 50 feet.
5. The Planning Commission may increase minimum setbacks up to 50 feet for
properties adjacent to parcels that are being actively farmed or parcels with
an Agricultural district designation.
52
ARTICLE 5D - "RV" RURAL VILLAGE DISTRICT58
Section 5O.0 Purpose
The Rural Village designation is provided to preserve the unique historic or rural
character of existing villages by encouraging compatible development within a defined
village boundary. It also identifies clusters of existing development in the rural areas that
may be candidates for public facilities in the future. The zone intends for permitted
development to be generally of a similar density, scale and use type and mixture as that
which exists in the village. The zone is also designed to prevent large amounts or
inappropriately scaled development or uses that would detract from the existing rural or
historic character of the village. It is expected that development will be residential and a
limited amount of mixed rural services. More than one use may be permitted on one
parcel in accordance with specific guidelines. Public water and sewer may be available
for the purpose of resolving or preventing health issues. Use of public utilities to permit
greater.density than the density specified in this section is not permitted.
Section 5O.1 Principal Permitted Uses and Accessory Uses
See the Table of Land Uses [Section 3.3, Table No. 3.3(1)]. More than one use
may be permitted in the same structure.
Section 50.2 Special Exceptions
See the Table of Land Uses [Table No. 3.3(1)] and any other use the Board of
Appeals finds is functionally similar to any permitted use or special exception listed in the
Article. The Board of Appeals shall not grant any special; exception that is inconsistent
with the purpose set forth for, this district.
Section 5D.3 Dimensional Requirements
(a) RESIDENTIAL USES
1. LOT SIZE: Minimum 40,000 square feet without public water and sewer
Minimum 30,000 square feet when public water or sewer are
used
Minimum 20,000 square feet when public water and sewer
are used
2. FRONT SETBACKS: 25 feet from the edge of the existing or future public
right of way. When there is existing residential development on one side,
the front setback may be equal to the existing setback. When there is
existing residential development on both sides, the front setback may be
equal to the average of the two existing setbacks. In no case may the
front setback be less than 10 feet from the edge of the existing or future
right of way.
58 Revision 14, Article 60 added 7/26/05 (RZ-03.005)
53
3. SIDE YARD SETBACKS: Side yard setbacks shall not be less than 8
feet59
4. REAR YARD SETBACKS: Rear yard setbacks shall not be less than 25
feet.
5. HEIGHT: No residential structure shall exceed 35 feet in height
6. PARKING- Each dwelling unit shall be provided a minimum of two off
street vehicle parking spaces, each 9 feet by 20 feet in size. Parking
shall not be located on any existing or future public right of way.
(b) NON RESIDENTIAL USES• (that are not. subject to the Rural Business
district)
LOT SIZE: There is no minimum lot size requirement for non-residential
uses. There shall be sufficient lot area to' accommodate all other design
requirements such as on -site water and sewer requirements, building
setbacks, buffers, landscaping; parking, 'signage, refuse disposal,
material storage and any other zoning, requirements.
2. FRONT SETBACK: Front setback requirements are the same as for
residential development. Required parking may be permitted in the front
setback; however, parking may not consume more than 60% of the front t
yard. Parking shall not be closer than 5 feet to the front property line or
any existing or future right of way:
SIDE YARD SETBACKS: Side 'yard. setbacks shall be the same as for
residential development. Where' residential development is located on
the adjacent parcel the setback shall be no less than 10 feet. A screening
buffer shall be provided to screenthe 'non-residential use.
The screening buffer shall consist of trees that area minimum of 8 feet in
height and 2 inch caliber at the time of planting... Trees shall be planted at
a maximum of 10 feet'apart along the length bf the area to be screened
but shall not be planted to obstruct sight distance at vehicular access
points. Shrubs may be required to supplement trees to create an opaque
screen. Shrubs may be used in' place' of trees if they can be shown to
provide the required screening effect. Screening may also be provided by
a solid fence or a combination of planting and fences.
4. REAR YARD SETBACKS: Rear yard setbacks shall not be less than 25
feet. Where adjacent parcels contain residential uses, a solid screening
buffer shall be provided' according to the guidelines noted in Paragraph 3
above.
59 Revision 16, Section 5D.3(a)3. amended 8/4109 (RZ-09-001)
54
(c) MIXED USES
1. More than one principal permitted use may be permitted on a parcel or in
a structure in accordance with the following guidelines.
a. When more than one. principal use occupies the same structure
and there are minimum lot areas specified for each use in this
section, the minimum lot area shall be the greater of the two
minimums, permitted plus 10%.
b. Where residential and non-residential uses occupy the same
structure all other zoning requirements, for the non-residential use
such as parking, setbacks, screening, etc., must be
accommodated on the site. In addition to the lot area determined
necessary for, the non-residential use, one-half of. the minimum lot
area specified for the residential use shall also be provided.
C. Parking shall be provided at the rate specified in Article 22,
Division I for the non-residential use plus a minimum of two
spaces,for.each residential unit.80
d. Signage shall pe limited to one free standing sign structure, which
may contain separate signs for each of the multiple uses on the
site. One building mounted sign for each use, limited to 10 square
feet is also permitted
e. Outside material storage areas including refuse or recycling
containers shall be screened.
f. All building mounted and parking lot lighting shall be constructed
so that light and glare are diffused toward the ground. ,
2. SETBACKS — Where more than one use occupies.a parcel or structure
the greater of the two required front, rear and side yard setbacks shall be
provided. Where adjacent parcels contain residential uses, a solid
screening buffer shall: be provided according to the guidelines contained
at Section 5D.3(b)3.above..
Section 5D.4 Special Provisions
When 50% or more of. the existing parcels within the boundary of the Rural
Village contain special amenities such as, but not necessarily limited to, sidewalks,
fences, street lighting, etc., and the amenity exists on any one adjacent parcels, new
60 Revision 17, Section 5D.3(c) amended and elf. 2/26/13 (RZ-12-004) (ORD-2013-03)
55
development shall provide continuation of the amenity of a size, style and number
consistent with the existing amenities.
Section 5D.5 Architectural Review
It is the intention of the Rural Village designation to promote new development
that is consistent in type, scale and appearance with existing development in the village.
(a) In Rural Villages that are identified in Washington County's Historic Sites
Inventory, individual parcels identified in the same inventory when the
village is not identified, properties listed in Maryland's Inventory of Historic
Places or properties listed in the National Register of Historic Places, the
exterior appearance of new construction that requires a building permit,
except buildings of 100 square feet or less, shall be subject to review and
approval or disapproval by the Washington County Historic District
Commission. The Historic District Commission shall use the adopted
review guidelines as provided in Article 20 of the Zoning Ordinance.
1. In addition to the adopted guidelines the Historic District
Commission shall give consideration to the following in its
determination of appropriate exterior appearance of new
construction in the Rural Village district.
a. the exterior appearance of existing structures in the Rural
Village including materials, style, arrangement of doors
and windows, mass, height and number of stories, roof
style'and pitch;`propoftion.
b. Building size and orientation
c. landscaping
d. signage
e. lighting
f. setbacks
g. accessory structures
(b) All applications for new construction, except buildings of 100 square feet
or less, shall provide accurately scaled and detailed elevation drawings of
all sides of the structure for'review'as part of the building permit or site
plan review, whichever is first applicable.
(c) As other Rural Villages or individual properties within the Rural Village
district are evaluated to determine their historic significance according to
Maryland Historical Trust guidelines and are added to the Maryland
Inventory of Historic Properties, Washington County's Inventory of
Historic Properties or the National Register of Historic Places, the exterior
appearance of those structures shall also become subject to the review
and approval or disapproval of the Historic District Commission.
The requirement for Historic District Commission review of exterior
appearance in Rural Villages added after original adoption of this
56
Ordinance shall apply only after a public hearing during which the
affected property owners have had the opportunity to provide input.
Section 5D.6 Cluster Provisions and the Rural Village
New development utilizing cluster design guidelines outside of the Rural Village
district but within 1,000 feet of the district boundary shall be subject to Planning
Commission review. The Planning Commission may require placement of clustered lots
adjacent to the boundary of the Rural Village district.
57
ARTICLE 5E - "RB-E" RURAL BUSINESS EXISTING DISTRICT61
Section 5E.0 Purpose
The "RB-E" Rural Business Existing District is established to permit the
continuation of businesses that support the agricultural industry and farming community,
serve the needs of the rural residential population, provide for recreation and tourism
opportunities, as well as establishing. locations for businesses and facilities not otherwise
permitted under the other rural zoning classifications. The Rural Business Existing
District is established as a "Euclidean Zone". RB-E Districts are located only on identified
existing rural business sites. Performance -based, criteria will be utilized to evaluate
changes in land use or expansions to assess impact and may require reestablishment of
a proposed rural business land use or expansion through the RB-N (Rural Business
New) floating zone rezoning process.
Section 5E.1 Principal Permitted Uses and Accessory Uses
See the Table of Land Uses [Section 3.3,. Table No. 3.3(1)] for identification of
principal and accessory uses permitted in the RB-E District. Those uses listed under the
RB (Rural Business) designation shall be applicable to the RB-E District.
Section 5E.2 Criteria
Businesses in the rural area existing at the time of adoption of these regulations
and which are listed on the Table of Land Uses [Table No. 3:3(1)] shall be designated on
the Washington County Zoning Map, as , RB-E or Rural Business Existing Districts.
Businesses with this designation need not take any action to continue operation. Such
existing uses are viewed as compatible with the character of the rural area and their
continued operation is deemed consistent with the policies of the Comprehensive Plan.
Requests for changes in land use or business expansions for parcels or sites
zoned RB-E may generate a requirement to reconstitute the RB-E Districtunder the
provisions for the RB-N District. The evaluation process to make this determination is
identified under Section 6, "Changes in Land Use" under this Article.
Existing business not listed on the Table of. Land Uses [Table No. 3.3(1)] may
continue as "Non -Conforming Uses" in accordance with the Non -Conforming Use
Regulations under the Zoning Ordinance, or as a "Resident Business" or "Home
Occupation" under Agricultural, Environmental Conservation, Preservation or Rural
Village Zoning District designations.
s�. Revision 14, Article 5E added 7126/05 (RZ-03.005)
58
Section 5E.3 Lot Size and Bulk Regulations62
(a) Lot Size:
Minimum 40,000 Sq. Ft. without Public Water and Sewer Service.
(b) Front Yard Building Setback:
40 Feet from a Minor Collector or Local Public Road ROW.
50 feet from a Major Collector or Arterial Public Road ROW
(c) Side or Rear Yard Building Setbacks:
100 Feet from a property zoned for or occupied by a Residential
Land Use;
25 Feet from a property zoned for or occupied by a Non -
Residential Land Use.
(d) Structure Height: 35 Feet
(e) Lot Coverage: Maximum 65 %
Parking and access aisles are permitted'in the front yard setback area. Parking
and access aisles are permitted in the side and rear yard setback areas only when
abutting a property with a non-residential land use.
Section 5E.4 Changes in Land
Because of the sensitive nature of much of the land in the rural area of the
County, as well as limited infrastructure to support different intensities.' Of development;
changes in land use permitted under the Rural Business Existirigbistrict designation
may generate impacts or compatibility issues when a new or expanded Use 9s proposed
fora parcel designated as RB`E as part of the comprehensive rezoning process:
In order to better identify potential conflicts and establish procedures that can
address environmental sensitivity, infrastructure availability and/or land use compatibility
issues, the following performance criteria shall be applied for each proposed' land use
change or expansion of an existing land use associated with an RB-E District
designation.
Where a proposed change in use or expansion exceeds the threshold value for
three (3) or more of the following criteria, the proposed change in use or expansion shall
be required to be approved through the floating zone rezoning process for creation of a
new rural business district under the RB-N (Rural Business New District) regulations.
62 Revision 15, Section 5E.3(c) amended 9119106 (RZ-06-007)
59
Where the proposed change in land us or expansion exceeds fewer than three
(3) threshold values then approval of a site plan in accordance with standard
development review practices shall be the only requirement.
Evaluation Criteria:
(a) Land Use Intensity: Where .the proposed land use intensity relationship
between the existing land use and the proposed, land use shows an
increase on the following chart then it shall be considered exceeding the
threshold value.
Land Use
Existing Land
Existing Land Use
Existing Land
Use
Intensity
Use
Intensity.
MODERATE ,
Intensity
LOW
HIGH
Proposed Land Use
Intensity
3
2
1
Low
Proposed Land Use
Intensity
4
3
2
Moderate
,Proposed Land Use
Intensity
5
4 .
3
HIGH
(b) Site Area: Where the proposed expansion or change in use increases the
site area proposed for development o1 use by 50% or more it shall be
considered as exceeding the. threshold,. value.. A. site where the total
amount of area specified for development is less than 2 acres shall be
exempt from evaluation under these criteria.
(c) Building Area: Where the proposed expansion. or change in use increases
the building area occupied by the business.by. 50% or more it shall be
considered as exceeding the threshold value; A site where the total
amount of area specified for a building or buildings is less than 5,000
square feet shall be exempt from evaluation under these criteria.
(d) Parking: Where the proposed expansion or change in use increases the
number of required parking spaces by. 50% or more it shall be considered
as exceeding the threshold value. A site where the total number of
parking spaces specified is 10 or fewer shall be exempt from evaluation
under this criterion. .
Hours of operation: Where the proposed expansion or change in use
generates operational hours is in excess of the following it shall be
considered exceeding'the threshold value.
60
Non -Retail 7.00 a.m. to 7:00 p.m. —weekdays only.
Retail 7:00 a.m. to 9:00 p.m. — any day of the
week
Traffic Volume: Where the proposed expansion or change in use
increases the traffic volume by 50% or more based on peak hour trips it
shall be considered exceeding the threshold value. Businesses
generating fewer than 25 peak hour trips shall be exempt from evaluation
under these criteria.
Section 5E. 5 Special Provisions
(a) There are no special exception uses for the RB-E District.
(b) Variances from any bulk area requirement would be addressed through
the Board of Appeals. As an incentive, variance requests relating to
requirements for bulk regulations, parking requirements, landscaping, and
screening should be given preference when related to reuse or
rehabilitation of existing buildings.
(c) Any proposed building should be of a scale and architectural design
compatible with adjacent buildings and land uses. Compatibility shall be
defined as consistency with a majority of the site and major architectural
elements (including signage) of the portions of structures or land uses
visible to the public within a 1,000 -foot radius of the building or site
location. Specific criteria to be used for determination of compatibility
shall include: building design and orientation, exterior construction
materials, signage, landscaping, and parking:
(d) Additional buffering, screening, or landscaping may be required when the
RB-E District abuts a Historic Preservation Overlay Area or is located
along a designated scenic highway.
(e) Signage shall be limited to one freestanding sign and one building
mounted sign for each approved use identified on an application. No off
premise business signs shall be approved for location on an RB-E site.
(f) All building mounted or parking lot lighting shall be constructed so that
light and glare are defused toward the ground.
(g) Trash, refuse or recycling receptacles shall be screened from public view
through the use of fencing or landscaping:
(h) Outside storage of materials is limited to those areas on a site plan
designated for such storage. Additional screening may be required when
outside storage is proposed.
61
(i) Screening between a residential land use and a proposed RB-E district
shall consist of tree species that shall be a minimum of eight (8) feet
overall in height and two (2) inch caliber at the time of planting. Trees
shall be placed at a maximum of 10 -foot intervals along the perimeter of
the boundary to be screened except for areas that would restrict sight
distance from the access points to the site. Shrubs may be required to
supplement tree plantings to create an opaque screen. Shrubs may be
used in place of trees if they can be shown to create the same overall
screening effect. Perimeter screening in the form of a solid fence or a
combination of a solid fence and vegetation may be used to meet the
screening requirement.
62
ARTICLE 5F - "RB-N" RURAL BUSINESS NEW DISTRICT13
Section 5F.0 Purpose
The "RB-N" Rural Business New District is established to permit the development
of businesses that support the agricultural industry and farming community, serve the
needs of the rural residential population, provide for recreation and tourism
opportunities, as well as establishing locations for businesses and facilities not otherwise
permitted in the rural areas of the County. The Rural Business New District is
established as a "floating zone" which may be located on any parcel in an Agricultural,
Environmental Conservation, Preservation or Rural Village Zoning District.
Section 5F.1 Principal Permitted Uses and Accessory Uses
See the Table of Land Uses [Section 3.3, Table No. 3.3(1) for identification of
principal and accessory uses permitted in the RB-N District. Those uses listed under the
RB (Rural Business) designation shall be applicable to the RB-N District.
Section 5F.2 Special Exceptions
See the Table of Land Uses [Table No. 3.3(1) and any other use the Board of
Appeals finds is functionally similar to any permitted use or special exception listed in the
Article. The Board of Appeals shall not grant any special exception that is inconsistent
with the purpose set for the district.
Section 5F.3 Criteria
The RB-N District may be established at a particular location if the following
criteria are met:
(a) The proposed''RB-N District 'is not within• any designated growth area
identified in the Washington County Comprehensive Plan.
(b) The proposed RB-N District has safe and usable road access on a road
that meets the standards under the "Policy for Determining Adequacy of
Existing Roads."ln addition, a traffic• study may be required where the
proposed business, activity or facility generates 25 or more peak hour
trips or where 40% of the estimated vehicle trips are anticipated to be
commercial truck traffic:
(c) On site issues relating to sewage disposal, water supply, stormwater
management'flood plains, etc. can be adequately addressed.
(d) The location of an RB-N District would not be incompatible with existing
land uses; cultural or historic resources, or agricultural- preservation
efforts in the vicinity of the site.
63 Revision 14, Article 5F added 7/26/06 (RZ-03-005)
63
Section 5F.4 Lot Size and Bulk Regulations:s"
(a) Lot Size:
Minimum 40,000 Sq. Ft. without Public Water and Sewer Service.
(b) Front Yard Building Setback:
40 Feet from a Minor Collector or Local Public Road ROW.
50 feet from a.Major Collector or Arterial Public Road ROW
(c) Side or Rear Yard Building Setbacks:
100 Feet from a property zoned for or occupied by a Residential
Land Use;
25•Feet.from a property zoned for or occupied by a Non -
Residential Land Use.
(d) Structure Height: 35 Feet
(e) Lot Coverage: Maximum 65 %
Parking and access aisles are permitted in the front yard setback area. Parking
and access aisles are permitted in the side and rear yard setback areas only when
abutting a property with a non-residential land use:
Section 5F.5 Procedure for Creation of a RB-N District
(a) The owner of aninterest in a tract of land in Washington County may
apply to the Board of County Commissioners to designate the property
with' a "RB-N" Rural Business New. floating zone designation. The
application shall include:
1. A Rezoning Application Form with a location map.
2. A location map and boundary identification of the property covered
by,the application.
3. A Preliminary Site Plan Showing:
a. Information identifying: the owners of the property and contract
purchaser if appropriate, current zoning designation, proposed
use(s) for the site, the estimated number of employees, hours
of operation, anticipated trip generation to/from the site, and
land uses within 1,000 feet of the site.
b. Identification of: existing topography, 100 year floodplain
areas, forested areas, wetlands, endangered species areas,
and historical or culturally significant features on or abutting
the site.
64 Revision 15, Section 5F.4(c) amended 9119106 (RZ-06-007)
64
c. The general location of proposed points of ingress and egress
to the site.
d. The location of any existing or proposed buildings on the site
and the location of building setback lines.
e. The general location of any existing or proposed well and
septic system areas or public water and/or sewer lines if
available.
f. The general areas to be dedicatedfor, parking including the
number of spaces to be provided.
g. The general location of landscaped areas including proposed
screen plantings and any proposed on site forest mitigation
areas.
h. The general location of storm water management facilities and
an estimate of the amount of impervious area for the site.
i. The general location of proposed signage and lighting.
J. A sketch or rendering of any proposed, new structures with
information on scale, exterior finished and signage.
(b) The application shall be reviewed at rezoning public hearing(s) of the
Planning Commission and the Board of Commissioners. The Planning
Staff will provide a staff report on the proposed rezoning request and the
applicant will have an opportunity to present his case. Public testimony
will betaken at the public. hearing.
(c) After the public hearing, the Planning Commission shall make a
recommendation to the Board of County Commissioners based on the
following:
(i) The proposed district will accomplish the purpose of the RB-N
District;
(ii) The proposed site development meets criteria identified in
Section 5F.3 of this Article;
(iii) The roads providing access to the site are appropriate for serving
the business related traffic generated by the proposed RB land use;
(iv) Adequate sight distance along roads can be provided at proposed
points of access to the site;
65
(v) The proposed landscaped areas can provide adequate buffering
of the proposed RB land use from existing land uses in the
vicinity.
(vi) The proposed land use is not of a scale, intensity or character that
would be incompatible with adjacent land uses or structures.
(d) Based on the recommendation of the Planning Commission, staff reports
and testimony provided at the public hearing, the Board of County
Commissioners will either approve or deny the application request. The
Board of County Commissioners may approve the application with
stipulation of conditions to be addressed at the time of final site plan
approval. Approval of the RB-N District shall only be for the use(s)
identified on the application and preliminary site plan. Approval of the
application to create an RB-N District shall cover only that portion of a
parcel or lot identified in the application.
(e) After approval by the Board of County Commissioners, a final site plan
prepared in accordance with Article 4, Section 4.11 shall be submitted for
approval by the Planning Commission or Planning Staff if so designated.
Minor modifications to approved use(s) or an accessory use(s) or to the
preliminary approved site plan may be. approved by the Planning
Commission.
(f) Approval of a site plan by the Planning Commission shall entitle the
applicant to apply `for a building permit in accordance with the rules and
regulations for issuance of a building permit.
Section 5F.6 Special Provisions
(a) Once an initial site plan has been approved for an RB-N District, changes
in land use or development expansions shall be handled through the
• procedures for an RB-E District (Rural Business Existing District).
• (b) As an incentive, preference in creation of a new rural business districts
(RB-N) shall be given to those applicants who incorporate the reuse or
rehabilitation of existing buildings in the rural area.
(c) Any proposed building should be of a scale and architectural design
compatible with adjacent buildings and land uses. Compatibility shall be
defined as consistency with a majority of the site and major architectural
elements (including signage) of the portions of structures or land uses
visible to the public within a 1,000 -foot radius of the proposed RB-N
district. Specific criteria to be used for determination of compatibility shall
include: building design and orientation, exterior construction materials,
signage, landscaping, and parking.
(d) Additional buffering, screening or landscaping or other like elements may
be required when the proposed RB-N District abuts a Historic
66
Preservation Overlay Area or is located along a designated scenic
highway.
(e) Signage shall be limited to one freestanding sign and one building
mounted sign for each approved use identified on an application. No off
premise signs shall be approved through this rezoning process.
(f) All building mounted or parking lot lighting shall be constructed so that
light and glare are defused toward the ground.
(g) Trash, refuse or recycling receptacles shall be screened from public view
through the use of fencing or landscaping.
(h) Outside storage of materials is limited to those areas on a site plan
designated for such storage. Additional screening may be required when
outside storage is proposed.
(i) Screening between a residential land use and a proposed RB-N district
shall consist of tree species that shall be a minimum of eight (8) feet
overall in height and two (2) inch caliber at the time of planting. Trees
shall be placed ata maximum of 10 -foot intervals along the perimeter of
the boundary to be screened except for areas that would restrict sight
distance from the access points to the site. Shrubs may be required to
supplement tree plants to create an opaque screen. Shrubs may be used
in place of trees if they can be shown to create the same overall
screening effect. Perimeter screening in the form of a solid fence or a
combination of a solid fence and vegetation may be used to meet the
screening requirement.
67
ARTICLE 6 "A" AGRICULTURAL DISTRICT
Section 6.0 Purpose
The purpose of this District is to provide for continued farming activity and the
many uses which do not require public water and sewerage facilities and which may be
more suitably located outside of the urban -type growth of the larger communities of the
County. While several smaller communities may appear in this District, it comprises,
generally; for the most part, the rural portions of the County.
The following regulations• and the applicable regulations contained in other
articles shall apply in the "A"Agricultural District.
Section 6.1 Principal Permitted Usese5
(a) Agriculture, as defined . in Article 28A, including commercial nurseries,
greenhouses; and animal husbandry facilities as defined in Article 28A which
shall be subject to the requirements set forth in Article 22, Division IX.
• (aa) (Repealed, 2-8-94; RZ-93-13).
(b) Churches, parish houses, and other places of worship.
(c) Circus, carnival or similar transient enterprise;provided, .that such use shall
not exceed ten (10) days at any one time, and which does not include any
permanent structure..
(d) Dwellings, single-family, two-family and semi; -detached:
(e) Mobile homes; provided that the same are utilized as a single-family
dwelling, and provided that,the, minimum lot size is forty thousand (40,000)
square feet, and further provided, that said mobile home provides housing
and is in compliance with the requirements of Section 22.54.
(f) [deleted]
(g) Recreation areas and centers, including country clubs, swimming pools, golf
courses, summer camps.
65 Revision 2, Sections 6.1(w) and 6.1(x) amended 10/17/99 (RZ-426)
Revision 3, Section 6.1(u) deleted 8/8/89 (RZ-412- Remand)
Revision 3, Section 6.1(aa) added 12/12/89 (RZ-437)
Revision 7, Section 6.1(a) amended and Section 6.1(aa) repealed 2/8/94 (RZ-93-13)
Revision 11, Section 6.1(aa) added 5/19/98 (RZ-98-07)
Revision 12, Section 6.1(p) amended 8/20/02 (RZ-02-002)
Revision 15, Section 6.1(f) deleted 7/11106 (RZ-06-010)
(h) Forests and wildlife preserves, fish hatcheries and similar conservation
areas.
(i) Retirement and nursing homes.
(j) Riding academies, livery, stables, subject to the distance requirements
specified in Section 4.9.
(k) Research laboratories dealing specifically in the field of agriculture.
(I) Sawmills for cutting timber; provided, that such use shall be located three (3)
times the distance requirement specified in Section 4.9.
(m) Schools and colleges, including nursery schools or day care centers. (See
Section 23.1(g))
(n) Public buildings, structures, and properties of the recreational, cultural, or
public service -type, including fire, ambulance or rescue services.
(o) Temporary buildings may be used incidental to construction work upon
compliance with the requirements of the Health Department, but shall be
removed upon completion or abandonment of the construction work.
(p) Veterinary clinics, animal hospitals, or kennels without outside runways or
exercise areas.
(q) Wineries involving the production and bottling of wine.
(r) Conversion and alteration of buildings existing at the time of enactment of
this Ordinance to accommodate two or more families.
(s) Blacksmith and/or machine shops primarily engaged in agriculture related
work, and leather tack and,§hoe repair shops.
(t) Grain elevators, grain bins, farm machinery dealerships, and other
businesses primarily engaged in agricultural work.
(u) [deleted]
(v) Travel trailer parks, subject to the provisions of Section 22.52; and provided,
such use shall. be three (3) times the distance requirements specified in
Section 4.9.
(w) Commercial uses limited to the following: Dairy product stores and food and
grocery stores that include the sale of gasoline, fruit and vegetable stores,
meat markets, produce stands, beauty parlors and barber shops. A site plan
shall be required for these uses pursuant to the standards of Section 4.11
except for all uses where the area devoted to the use is less than twenty-five
69
hundred (2,500) square feet. Beauty parlors and barber shops in residence
shall not require a site plan or any additional lot area, lot width, or setbacks
over that which is required for the subject dwelling as.specified in Section
6.5 or as modified in Article 23.
(x) Buildings and properties of a cultural, civic, fraternal, educational, social or
community service type, libraries, ponds, playgrounds and community
centers.
(y) Firearms repair shops, including retail sales
(z) PUDs subject to the provisions of Article. 16.
(aa) Surface grading, removal of top soil, shale or similar material in preparing
the property for development; but not including open pit quarrying or
mineral processing on site; subject to the performance standards in Section
4.12. A grading plan containing. the information required in Section 15.3(a) -
(h) showing the existing and proposed surface contours and providing for
the revegetation of the property shall be submitted to the Planning
Commission for approval -
Section 6.2 Special Exceptions (Requiring Board Authorization After Public Hearing)66
(a) Antique shops
(b) Airports or landing fields, public or private, subject to the provisions of Article
21.
(c) Cemeteries, mausoleums, or memorial gardens.
(d) Contractors equipment storage and/or yards; provided such use shall be
subject to two (2) times the distance requirements specified in Section 4.9
and a minimum of three (3) acres is, provided.
(e) Moderate volume, mineral extraction other than as permitted under Section
6.1(aa), and mineral processing as defined in Article 28A, subject to the
requirements of Sections 15.4, 15,5 and 25.6. Mineral processing shall be
for minerals mined on the site.
66 Revision 1, Section 6.2(p) amended 7119188 (RZ-395)
Revision 3; Section 6.2(u) added 8/8/89 (RZ-412 - Remand)
Revision 11, Section 6.2(e) amended 5/19/98 (RZ-98-07)
Revision 11, Section 6.2(v) added 5/18/99 (RZ-99-01)
Revision 12, Section 6.2(k) amended 8/20/02 (RZ-02-002)
Revision 15, Section 6.2(j) amended 7/11/06 (RZ-06-010)
70
(f) Fairgrounds and race tracks or courses for the conduct of seasonal or
periodic meets of horses, dogs; aircraft, automobiles, motorcycles and the
like; provided such use shall be subject to three (3) times the distance
requirements specified in Section 4.9.
(g) Farms for the principal use of raising animals for experimental or other
purposes, such as rats, rabbits, mice, monkeys and the like, fur farms and
garbage feeding of hogs, provided such use shall be subject to three (3)
times the distance requirements specified in Section 4.9.
(h) Food processing and packing plants; provided such use shall be located two
(2) times the distance requirements specified in Section 4.9.
(i) Funeral establishments.
(j) Hospitals, sanitariums or institutions for the treatment of contagious
diseases, the• insane; liquor, or.. drug addicts; provided such use shall be
subject to three (3) times the distance requirements specified in Section 4.9.
(k) Veterinary clinics, animal hospitals, or kennels with outside runways or
exercise areas, including the dwelling, shall comply with section 6.5. In
addition, the outside runway or exercise area shall be no less than 175 feet
from any dwelling, church, school or institution for human care not located
on the same lot.
(I) Livestock sales, yards, and buildings• subject to a minimum of ten (10) acres
being provided; and provided such building or use shall be subject to four (4)
times the distance requirements specified in Section 4.9 and a front yard of
four hundred @00) feet is provided for any use pertaining thereto.
(m) Outdoor theaters; provided a. minimum
provided such use shall' be: subject
requirements of Section 4.9.
of five (5) acres is maintained; and
to three (3) times the distance
(n) Penal and correctional institutions including jails:
(o) Public utility buildings, structures; or uses including radio, television, and
other communication facilities not considered Essential •Utility Equipment, as
defined in Article 28A.
(p) Sanitary landfills, provided such use shall be. two (2). times the distance
specified in Section 4.9.
(q) Research laboratories or research type industries in which the activities are
completely enclosed 'in a building or buildings. The lot area for such use
shall not be less than twenty-five (25) acres and a site development plan
shall be approved by the Commission.
71
(r) Trap, skeet, rifle, or archery ranges, including gun clubs; provided such use
shall be five (5) times the distance requirements specified in Section 4.9 and
all safety standards of county, state and federal agencies are observed.
(s) Marinas, boat rentals, docks, piers, and wharves.
(t) Any other use that the Board finds is functionally similar to any principally
permitted use or special exception listed in this Article. The Board shall not
grant any special exception which is inconsistent with the purpose set forth
for this district, nor which will materially or adversely affect the use of any
adjacent or'neighboring properties.
(u) Mobile home parks and/or mobile home subdivisions subject to lot area, lot
width, and yard requirements of Section 6.5 mobile homes.
(v) Commercial Communications Towers subject to the requirements of Section
4.22.
Section 6.3 Accessory Uses67
(a) Accessory buildings and uses customarily incidental to any principal use or
authorized special exception use.
(b) Incidental home and farm occupations.
(c) Roadside stands offering for sale only agricultural products grown primarily
on the premises.
(d) Keeping of roomers or tourists by a resident family.
(e) Living quarters for persons employed on the premises.
(f) Business signs, subject to the provisions of Section 22.2.
(g) Private stables as defined in Article 28A shall be subject to the requirements
set forth in Article 4, Section 4.13.
Section 6.4 Height Regulations
Except on farms and except as provided in Section 23.4, no building or structure
shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet.
67 Revision 11, Section 6.3(g) amended 7/20/99 (RZ-99-03)
72
Section 6.5 Lot Area, Lot Width, and Yard Requirements68
The following minimum requirements shall apply, except as hereinafter modified
in Article 23:
Lot
Lot
Lot Area
Front Yard
Side Yard (Width
Rear Yard
Area
Width
Each Side Yard)
Depth
Per Family
Depth
Dwelling
40,000
100 ft.
40,000
40 ft.
15 ft.
50 ft.
Single -Family*
sq. ft.
sq. ft.
Dwelling, Two-
40,000
100 ft.
20,000
40 ft.
15 ft.
50 ft.
Family*
sq. ft.
sq. ft.
Dwelling,
20,000
50 ft.
20,000
40 ft.
15 ft. (exterior
50 ft.
Semi -Detached*
sq. ft.
sq. ft.
side only)
Conversion Apts.
I acre
150 ft.
10,000
40 ft.
30 ft.
50 ft.
sq. ft.
Schools,
12
400 ft.
150 ft.
100 ft.
50 ft.
Elementary
acres
Schools, Middle
25
500 ft.
150 ft.
Id0 ft.
50 ft.
acres
Schools, High
35
500 ft.
150 ft.
100 ft.
Soft.
acres
Colleges
15
500 ft.
150 ft.
100 ft.
50 ft.
acres
Hospitals
10
500 ft.
200 ft.
100 ft.
50 ft.
acres
Retirement &
Nursing Homes
I acre
150 ft.
40 ft.
30 ft.
50 ft.
Churches
2 acres
200 ft.
100 ft.
50 ft.
50 ft.
Nursery Schools,,
Day Care Centers
3 acres
300 ft.
50 ft.
50 ft.
50 ft.
68 Revision 6, * in Section 6.5 amended 6122193 (RZ-93-3)
Revision 11, Section 6.5 amended 5/18199 (RZ-99-01)
Revision 12, Section 6.5 amended 8/20/02 (RZ-02-002)
Revision 15, Section 6.5 amended 7/11/06 (RZ-06.010)
73
Lot
Lot
Lot Area
Front Yard
Side Yard (Width
Rear Yard
Area
Width
Each Side Yard)
Depth
Per Family
Depth
Mobile Homes
40,000
100 ft.
40 ft.
15 ft.
40 ft.
sq. ft.
Antique or Beauty
1 acre
150 ft.
40 ft.
30 ft.
50 ft.
Shops or Barber
Shops
Firearms Repair
1 acre
150 ft.
40 ft.
30 ft.
50 ft.
Shop, Including
Retail Sales
Other Principal
Permitted or
3 acres
300 ft.
50 ft.
50 ft.
50 ft.
Conditional Uses
Veterinary clinics,
3 acres
300 ft.
50 ft.
50 ft.
50 ft.
animal hospitals, or
kennels without
runways or exercise
areas, including the
dwelling
Veterinary clinics,
4 acres
300 ft.
50 ft.
50 ft.
50 ft.
animal hospitals, or
kennels with
outside runways or
exercise areas**
**(See also section 6.2(k))
[Except Section 6.2(u),(v)]
* A corner lot shall maintain the specified front yard setback along both street frontages.
Setbacks from the remaining property lines shall be measured as if they were side yard
setbacks.
74
ARTICLE 7 "RR" RESIDENTIAL, RURAL DISTRICT
Section 7.0 Purpose
The purpose of this District is to provide a location for single-family residential
development, the individual lots of which contain a minimum of twenty -thousand
(20,000) square feet, in any of the following areas:
(a) Areas served by existing public water and/or sewerage service.
(b) Areas to be served by public water and/or sewerage service within the next
ten (10) years, as adopted and amended in the Water and Waste Water
Plan.
(c) Areas to be served by community or private sewerage facilities capable of
providing secondary treatment or better, and meeting Health Department
standards.
(d) Growth areas immediately surrounding incorporated municipalities. Where
public water is available, secondary treatment for community or private
sewerage facilities' may not be required.
The following regulations and the applicable regulations contained in other
articles shall apply in the "RR" Residential, Rural District.
Section 7.1 Principal Permitted Uses69
(a) Agriculture, as defined in Article 28A, including animal husbandry facilities
as defined in Article 28A shall be subject to the requirements set forth in
Article 22, Division IX.
(b) Churches, schools, and colleges. (See Section 23.1(g))
(c) Dwellings, single-family, two-family, and semi-detached.
(d) Buildings and properties of a cultural, civic, educational, social or community
service -type, libraries, ponds, playgrounds, and community centers.
(e) Conversion and alteration of a building existing at the time of the.enactment
of this Ordinance to accommodate not more than two (2) families; provided
that the requirements of Section 23.1 as well as the requirements of the
Health Department are complied with.
(f) PUDs subject to the provisions of Article 16.
69 Revision 11, Section 7.1(a) amended 7/20/99 (RZ-99-03)
75
Section 7.2 Special Exceptions (Requiring Board Authorization After Public Hearing)70
(a) Antique Shops.
(b) Professional offices, beauty parlors or barbershops (in residence).
(c) Convalescent homes, nursing homes, hospitals, medicalor dental clinics.
(d) Funeral establishments.
(e) Golf courses, country clubs, private clubs, and similar recreational uses.
(f) Nursery schools or child care. centers.
(g) Public utility buildings, structures or uses not considered Essential Utility
Equipment, as defined in Article 28A.
(h) Research and development facilities, as defined in;Article 28A.
Section 7.3 Accessory Uses71
(a) Accessory buildings and uses customarily incidental to any principal
permitted use or authorized special exception use.
(b) Incidental home or farm occupations.
(c) Guest house in an accessory building.,
(d) Swimming pools, tennis and. other similar courts when accessory to a
residence:
(e) The keeping of not more than four (4) roomers or boarders by a resident
family.
(f) Private stables as defined in Article 28A shall be subject to the requirements
set forth in Article 4, Section 4.13:
Section 7.4 Height Regulation
No principal permitted structure shall exceed two and one-half (2 1/2) stories or
thirty-five (35) feet in height, and no accessory structure shall exceed two (2) stories or
twenty (20) feet in height, except as provided in Section 23.4.,
'° Revision 15, Section 7.2(c) amended 7111/06 (RZ-06-010)
71 Revision 11, Section 7.3(f) amended 7120/99 (RZ-99-03)
76
Section 7.5 Lot Area, Lot Width, and Yard Requirements72
The following •minimum requirements shall be observed, subject to the modified
requirements in Article 23:
Lot
Lot Area
Front Yard •
Side Yard (Width
Rear Yard
Lot Area
Width
Per Family
Depth
Each Side Yard)
Depth
Dwelling
20,000
100 ft.
20,000
40 ft.
12 ft.
Soft.
Sin le-Famil *
sq. ft.
sq. ft.
Dwelling,
20,000
100 ft.
10,000
40 ft.
12 ft.
50 ft.
Two-Famil *
sq. ft.
sq. ft.
Dwelling,
10,000
50 ft.
10,000
40 ft.
12 ft. (exterior
50 ft.
Semi -Detached*
sq. ft.
sq. ft.
side only)
Churches
2 acres
200 ft.
100 ft.
50 ft. 1
50 ft.
Schools,
12 acres
400 ft.
150 ft.
100 ft.
50 ft.
Elementary
Schools, Middle
25 acres
500 ft.
150 ft.
100 ft.
Soft.
Schools, High
35 acres
500 ft.
150 ft.
100 ft.
50 ft.
Colleges
15 acres
500 ft.
150 ft.
100 ft.
50 ft.
Hospitals
5 acres
400 ft.
150 ft.
100 ft.
50 ft.
Retirement &
I acre
150 ft.
40 ft.
30 ft.
50 ft.
Nursing Homes
Funeral
2 acres
150 ft.
100 ft.
30 ft.
50 ft.
Establishments
Other Principal
20,000
100 ft.
40 ft.
25 ft.
50 ft.
Permitted or
sq. ft.
Conditional Uses
*A corner lot shall maintain the specified front yard setback along both street frontages. Setbacks
from the remaining property lines shall be measured as if they were side yard setbacks.
The following minimum requirements shall apply where public water and public
sewer are available on lots in the adopted urban and town growth areas.
72 Revision 6, * in Section 7.5 amended 6/22193 (RZ-93-3)
Revision 15, Section 7.5 amended 7111106 (RZ-06.010)
77
FDwef]lng
Lot Area
Lot
Width
LotArea
Per Family
Front Yard
Depth
Side Yard (Width
Each Side Yard)
Rear Yard
Depth
*
15,000
8511.
15,000
30 ft.
10 ft.
40 ft.
Dwelling,
Two-Famil *
15,000
sq. ft.
85 ft.
7,500
sq. ft.
30 ft.
10 ft.
40 ft.
Dwelling,
Semi -Detached*
7,500 sq.
ft.
421/2
ft.
7,500
sq. ft.
30 ft.
loft. (exterior
side only)
40 ft.
*A corner lot shall maintain the specified front yard setback along both street frontages. Setbacks
from the remaining property lines shall be measured as if they were side yard setbacks.
78
ARTICLE 7A "RT" RESIDENTIAL, TRANSITION DISTRICT73
Section 7A.0 Purpose
The purpose of the Residential, Transition District is to provide appropriate
locations for single-family and two-family residential development in Urban and Town
Growth Areas. The Residential, Transition District is usually located on the outer fringes
of the Growth Areas, rather than the inner core, and is intended to be the least dense
residential district in the Growth Areas at a density of between 2 and 4 dwelling units per
acres.
All new development in the Residential, Transition District, should be served by
public water and sewer facilities approved by the Washington County Health
Department.
The following regulations and the applicable regulations contained in other
articles shall apply in the "RT - Residential, Transition District.
Section 7A.1 Principal Permitted Uses
(a) Agriculture, as defined in Article 28A, including animal husbandry facilities
as defined in Article 28A which shall be subject to the requirements set forth
in Article 22, Division IX.
(b) Places of worship, schools, and colleges. (See Section 23.1(g))
(c) Dwellings, single-family, two-family, and semi-detached.
(d) Buildings and properties of a cultural, civic, educational, social or community
service -type, libraries, ponds, playgrounds, and community centers.
(e) Conversion and alteration of a building existing at the time of the enactment
of this Ordinance to accommodate not more than two (2) families; provided
that the requirements of Section 23.1 as well as the requirements of the
Health Department are complied.with.
(f) Mixed use developments subject to the provisions of Article 16.
(g) Nursery Schools or Child Care Centers.
Section 7A.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
(a) Professional offices, beauty parlors, or barbershops (in residence).
(b) Nursing/Convalescent homes, and medical or dental clinics.
73 Revision 17, Article 7A added, 4/17/12, elf. 7/1/12 (RZ-10-005)
79
(c) Golf courses, country clubs, private clubs, and similar recreational uses.
(d) Public utility buildings, structures, or uses not considered Essential Utility
Equipment, as defined in Article 28A.
Section 7A.3 Accessory Uses
(a) Accessory buildings and. uses customarily incidental to any principal
permitted use or authorized special exception use.
(b) Incidental home or farm occupations.
(c) Guest house in an accessorybuilding.
(d) Swimming pools, tennis, and other similar courts when accessory to a
residence.
(e) The keeping of not more than four (4) roomers or boarders by a resident
family.
(f) Private stables as defined in Article 28A shall be subject to the requirements
set forth in Article 4, Section 4.13.
Section 7A.4 Height Regulation
No principal permitted'structure shall exceed thirty-five (35) feet in height, and no
accessory structure shall exceed twenty (20) feet in height,. except as provided in
Section 23.4.
Section 7A.5 Lot Area, Lot Width, and Yard Setback Requirements
(a) The following minimum requirements shall be observed where public water
and sewer facilities will be used, subject to the modified requirements in Article 23:
Lot
Lot Area
'Front Yard
Side Yard (Width
Rear Yard
Lot Area
Width
Per Family
Depth
Each Side Yard)
Depth
Dwelling
15,000
85 ft.
15,000
30 ft.
10 ft.
40 ft.
Sin le-Famil *
sq. ft.
sq. ft.
Dwelling,
20,000
100 ft.
10,000
' 40 ft.
12 ft.
50 ft.
Two-Famil *
sq. ft.
sq. ft.
Dwelling,
7,500
45 ft.
7,500
30 ft.
10 ft. (exterior
40 ft.
Semi -Detached*
sq. ft.
sq. ft.
side only)
Places of Worship
2 acres
200 ft.
100 ft.
50 ft.
50 ft.
80
Schools,
12 acres
400 ft.
150 ft.
100 ft.
50 ft.
Elementary
Schools, Middle
25 acres
500 ft.
150 ft.
100 ft.
50 ft.
Schools, HI h
35 acres
500 ft.
. 150 ft.
100 ft.
50 ft.
Colleges
15 acres
500 ft.
150 ft.
100 ft.
50 ft.
Convalescent or
Nursing Homes,
1 acre
150 ft.
40 ft.
30 ft.
50 ft.
Medical or Dental
Clinics
Other Principal
20,000
100 ft.
40 ft.
25 ft.
50 ft.
Permitted or
sq. ft.
Conditional Uses
-,v corner lot snail maintain the specified front yard setback along both street frontages. Setbacks from the
remaining property lines shall be measured as if they were side yard setbacks.
- (b) The following minimum requirements shall apply where the Planning
Commission has determined that the use of a public water and sewer system is not
required according tothe guidelines contained in Section 7A.6.
LotArea
Lot
LotArea
Front Yard
Side Yard (Width
Rear Yard
Width
Per Family
Depth
Each Side Yard)
Depth
• Dwelling
20,000
tooft
20,000.
40 ft.
12 ft.
50 ft.
Sin'le-Famil *
sq. ft.
sq. ft.
Dwelling,
20,000
100 ft.
10,000
40 ft.
12 ft.
50 ft.
Two -Fa it *
so. ft.
sq. ft:
Dwelling,
10,000
50 ft,
10,000.
40 ft.
12 ft. (exterior
Soft.
Semi -Detached*
sq. ft.
sq. ft.
side only)
"H corner lot snail maintain the specified front yard setback along both street frontages. Setbacks from the
remaining property lines shall be measured as if they were side yard setbacks.
Section 7A.6 Public Facilities
(a) All new development in the Residential, Transition District shall be served
by public water and sewer facilities that have been approved by the
Health Department.
1. The Planning .Commission may waive this requirement after
consultation and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this
requirement the Planning Commission shall consider the
following:
lE
The need to protect environmental resources from
potential. pollution from failing septic systems.
ii. The availability and proximity of existing public water and
sewer facilities.
Hi. The status of any available plans for utility extensions in
the future that may serve the area.
iv. The existence and operation of private, on -site health
facilities in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage
Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site
well or septic system is conditional upon the agreement to
abandon the private system and connect to the public
utility when it becomes available.
ix. When the Planning Commission has determined that a
waiver from the required use:: of public water,,,and, sewer
facilities is appropriate, the minimum lot size shalt be as
specified in Section 7A.5(b). Lot dimensions shall also
conform to any applicable minimum requirements affecting
lot size, width or separations imposed by the Washington
County Health Department. -
x. Any private on -site well or septic system shall meet all
Health Department requirements.
(b) All new development in the Residential, Transition District shall' comply
with the requirements of the Washington County Adequate Public
Facilities Ordinance.
Section 7A.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article
22, Division I, and where applicable, in compliance with Washington County's adopted
Road and Street Design Standards.
The parking of tractor -trailers, either separately or in tandem, shall be prohibited
on public or private streets in this District.
Section 7A.8 Site Plans
Uses that require site plans according to the requirements of section 4.11 shall
comply with and provide all information necessary to determine compliance with the
design guidelines contained in Article 22, Division I (Parking), Division II (Signs), Division
X (Lighting) and Division XI (Landscaping, Screening and Buffering).
ARTICLE 8 "RS" RESIDENTIAL, SUBURBAN DISTRICT74
Section 8.0 Purpose
The purpose of the Residential, Suburban District is to provide appropriate
locations in the Urban and Town Growth Areas for single and two-family dwellings on
moderately sized lots and limited community service type uses.
All new development in the Residential, Suburban District should be served by
public water and sewer facilities approved by the Washington County Health
Department.
The following regulations and applicable regulations contained in other articles
shall apply in the "RS" Residential, Suburban District.
Section 8.1 Principal Permitted Uses
(a) Dwellings, single-family, two-family, and semi-detached.
(b) Conversion or alteration of a building existing at the time of the enactment of
this Ordinance to accommodate two (2) or more families; provided the
requirements of Section 23.1 and the requirements of the Health
Department are complied with.
(c) Agriculture, as defined in Article 28A, including animal husbandry facilities
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX.
(d) Places of worship, schools,; and colleges. (See also Section 23.1(g))
(e) Buildings and properties of a cultural, civic, educational, social or community
service -type, libraries, ponds, playgrounds, and community centers and their
associated swimming pools.75
(f) Mixed use developments subject to the provisions of Article 16.
Section 8.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)76
(a) Boarding or rooming houses or tourist homes.
(b) Clubs, fraternities, lodges, or similar organizations, not conducted as a
gainful business, provided any buildings or structures are located subject to
the distance requirements specified in Section 4.9.
74 Revision 17, Article 8 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-005)
75 Revision 17, Section 8.1(e) amended and eff. 2/26/13 (RZ-12-004) (ORD-2013-03)
76 Revision 17, Section 8.2 amended and eff. 2/26/13 (RZ-12-004) (ORD-2013-03)
84
(c) Professional offices, beauty parlors; or barbershops (in residence).
(d) Nursing/convalescent homes, assisted living or comprehensive care
facilities.
(e) Medical or dental clinics, doctors' offices,, and hospitals.
(f) Golf courses, country clubs, private clubs, and similar recreational uses.
(g) Nursery schools or child care centers,.
(h) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article 28A.
(i) Bed and breakfast as defined in Article 28A.
Section 8.3 Accessory Uses
(a) Accessory buildings or uses customarily incidental to any principal permitted
use or authorized conditional use.
(b) Keeping of roomers or tourists by a resident family.
(c) Swimming pools, tennis and other similar ' courtswhen accessory to a A
residence.
Section 8.4 Height Regulations
No principal permitted structure shall exceed thirty-five (35) feet in height, and no
accessory structure shall `exceed twenty (20) 'feet in height, except as provided in
Section 23.4.
Section 8.5 Lot Area, Lot Width, and Yard Setback Requirements
(a) The, following minimum requirements shall be observed where public watgr
and sewer facilities will be used, subject to the modified requirements in Article 23:
85
Lot
Lot Area
Front
Side Yard
Rear
Lot Area
Width
Per
Yard
(Width
Yard
Use
Family
Depth
Each Side Yard)
Depth
Dwelling
10,000.
.701t
10,000
20 ft.
8 ft.
40 ft.
Sin le-Famil *
sq. ft.
sq. ft.
Dwelling,
12,500
75 ft.
6,250
20 ft.
12 ft.
40 ft.
Two-Famil *
sq. ft.
sq. ft.
Dwelling,
6,250
37 1/2
6,250
20 ft.
12 ft. (exterior
40 ft.
Semi -Detached*
sq, ft.
ft..
sq. ft.
side only)
Clubs,
20,000
100 ft.
35 ft.
20 ft.
40 ft.
Fraternities
sq. ft.
Other Principal
20,000
Permitted or
. ft
100 ft.
40 ft.
25 ft.
50 ft.
Conditional
Uses
Boarding or
20,000
100 ft.
35 ft.
20 ft.
40 ft.
Tourist Homes
sq. ft.
*A corner lot shall maintain the specified front yard setback along both street frontages. Setbacks from the
remaining property lines shall be measured as if they were side yard setbacks.
(b) The following 'minimum requirements shall apply where the Planning
Commission has determined that the use of a public water and sewer system is not
required according to the, guidelines contained in Section 8.6.
Lot
Lot
Lot Area
Front
Side Yard
Rear
Use
Area °'
Width
Per '
Yard
(Width
Yard
Family
Depth
Each Side Yard)
Depth
Single-family
and semi-
20,00O
)fl ft.
20,000
40 ft.
12 ft.
50 ft.
detached
sq. ft.
Sq. ft
dwellings*
Two Family*
;
ft.000
s 2'7
_
100 ft
10 000
40 ft.
12 ft.
50 ft.
*A corner lot shall maintain the specified front yard setback along both street frontages. Setbacks from the
remaining property lines shall be measured as if they were side yard setbacks.
Section 8.6 Public Facilities
(a) All new development in the,Residential, Suburban District shall be served
by public water and sewer facilities that have been approved by the
Health Department.
The Planning Commission may waive this requirement after
consultation and advice from the Health Department.
.2. Prior to a decision to grant or not grant a waiver of this
requirement, the Planning Commission shall consider the
following:
i. The need to protect environmental resources from
potential pollution from failing septic systems.
ii. The availability and proximity of existing public water and
sewer facilities.
iii. The status of any available plans for utility extensions in
the future that may serve the area.
iv. The existence and operation of private, on -site health
facilities in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage
Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site
well.or septic system is conditional upon the agreement to
abandon the private system and connect to the public
utility when it becomes available.
ix. When the Planning. Commission. has determined that a
waiver from the required use of public water and sewer
facilities is appropriate the minimum lot size shall be as
specified in Section 8,5(b). Lot dimensions shall also
conform to any applicable minimum requirements affecting
lot size, width or separations imposed by the Washington
County Health Department.
x. Any private on -site well or septic system shall meet all
Health Department requirements.
(b) All new development in the Residential, Suburban District shall comply
with the requirements of the Washington County Adequate Public
Facilities Ordinance.
Section 8.7 Parking Requirements
(a) Parking shall be provided or prohibited according to the requirements of
Article 22, Division I, and where applicable, in compliance with
Washington County's adopted Road and Street Design Standards.
(b) The parking of tractor -trailers, either separately or in tandem, shall be
prohibited on public or private streets in this District.
Section 8.8 Site Plans
Uses that require site plans according to the requirements of Section 4.11 shall
comply with and provide all information necessary to determine compliance with the
design guidelines contained in Article 22, Division I (Parking), Division II (Signs), Division
X (Lighting), and Division XI (Landscaping, Screening and Buffering).
ARTICLE 9 "RU" RESIDENTIAL, URBAN DISTRICT77
Section 9.0 Purpose
The purpose of the Residential, Urban District is to provide appropriate locations
in the Urban and Town Growth Areas for residential development at greater densities
and limited community service type uses.
All new development in the Residential, Urban District should be served by public
water and sewerage facilities approved by the Washington County Health Department.
The' following regulations and the applicable regulations contained in other
articles shall apply in the "RU" Residential, Urban District.
Section 9.1 Principal Permitted Uses
.(a) Dwellings, single-family, two-family, and semi-detached.
(b) Agriculture, as defined in Article 28A, including animal husbandry facilities
as defined in Article 28A, which shall besubject to the requirements set forth
in Article 22, Division IX.
(c) Places of worship, schools, and colleges. (See Section 23.1(8))
(d) Buildings and properties of a cultural, civic, educational, social or community
service -type, libraries, ponds, playgrounds, and community centers and their
associated swimming pools 78
(e) Conversion and alteration of a building existing at the time of the enactment
of this Ordinance to accommodate not more than two (2) families; provided
that the requirements of Section 23.1 as well as the requirements of the
Health Department are complied with.
(f) Mixed use developments subject to the provisions of Article 16.
Section 9.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)79
(a) Nursing/convalescent homes, assisted living, or comprehensive care
facilities.
(b) Boarding or rooming houses or tourist homes.
77 Revision 17, Article 9 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-005)
78 Revision 17, Section 9.1(d) amended and eff. 2/26/13 (RZ-12-004) (ORD)-2013-03)
79 Revision 17, Section 9.2 amended and eff. 2/26/13 (RZ-12-004) (ORD-2013-03)
89
(c) Clubs, fraternities, lodges, or similar organizations, not conducted as a
gainful business, provided any buildings or structures are located subject to
the distance requirements specified in Section 4.9.
(d) Professional offices, beauty parlors, or barbershops (in residence).
(e) Medical or dental clinics and hospitals.
(f) Golf courses, country clubs, private clubs, and similar recreational uses.
(g) Nursery schools or child care centers.
(h) Public utility buildings, structures, or uses not considered Essential Utility
Equipment, as defined in Article 28A.
Section 9.3 Accessory Uses
(a) Accessory buildings and uses customarily incidental to any principal
permitted use or authorized special exception use.
(b) Incidental home occupations.
(c) Swimming pools, tennis, and other similar courts when accessory to a
residence.
Section 9.4 Height Regulations
No principal permitted structure shall exceed forty (40) feetin height and no
accessory structure shall exceed twenty-five (25) feet, except as provided in Section
23.4.
Section 9.5 Lot Area, Lot Width, and Yard Setback Requirements
(a) The following minimum requirements shall be observed where public water
and sewer facilities will be used, subject to the modified requirements, in Article 23.eo
80 Revision 17, section 9.5(a) amended and eff. 2/26/13 (RZ-12-004) (ORD-2013-03)
90
Lot Area
Front
Side Yard
Rear
Lot Area
Lot
Per Family
Yard
(Width Each
Yard
Width
Dept
Side Yard)
Depth
h
Dwelling, Sin le-Famil *
6,500 sq. ft.
60 ft.
6,500 sq. ft.
20 ft.
8 ft.
25 ft.
Dwelling, Two -Family*
10,000 sq.
70 ft.
5,000 sq. ft.
25 ft.
10 ft.
40 ft.
ft.
Dwelling, Semi -Detached*
5,000 sq. ft.
35 ft.
5,000 sq. ft.
25 ft.
10 ft.(exterior
40 ft.
side
Clubs, Fraternities, etc.
1 acre
150
25 ft.
_only)
25 ft.
40 ft.
ft.
Nursing/Convalescent
Homes
, I acre
150
25 ft.
25 ft.
40 ft.
ft.
Other Permitted pr
20,000 sq.
100
25 ft.
20 ft.
40 ft.
Special Exception Uses
ft.
ft.
'A corner lot shall -.maintain the specited tront yard setback along both street trontages. Setbacks from me
remaining property lines shall be measured as if they,were side yard setbacks.
(b) The following minimum requirements shall apply where the Planning
Commission has determined that the use of a public water and sewer system is not
required according to the guidelines contained in. Section 9.6.
Lot Area
Lot
Lot Area Per
Front
Side Yard (Width
Rear Yard
Use
Width
Family
Yard
Each Side Yard)
Depth
Depth
Single-family and
20,000
semi-detached
sq. ft.
.100 ft.
20,000sq. ft.
40 ft.
12 ft.
50 ft.
dwellings*
Two Family*
20,1)00
s ft
100 ft.
10,0008q. ft.
40 ft.
12 ft.
50 ft.
*A corner lot shall maintain the specified front yard setback along both street frontages. Setbacks from the
remaining property lines shall be measured as if they were side yard setbacks.
Section 9.6 Public Facilities H.
(a) All new development in the Residential, Urban District shall be served by
public water and sewer facilities that have been approved_ by the Health Department.
1. The Planning Commission may waive this requirement after
consultation and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this
requirement, the ' Planning Commission shall consider the
following:
91
The need to protect environmental resources from
potential pollution from failing septic systems.
ii. The availability and proximity of existing public water and
sewer facilities:
Hi. The status of any available plans for utility extensions in
the future that may serve the area.
iv. The existence and operation of private, on -site health
facilities in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage
Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a. private, 'on -site
well or septic system is conditional upon the agreement to
abandon the private system and connect to the public
utility when it becomes available.
ix. When the Planning Commission has determined that a
waiver from the required use of public water and. sewer
facilities is appropriate the minimum lot size shall be as
specified in Section 9.5(b). Lot dimensions shall also
conform to any applicable minimum requirements affecting
lot size, width or separations imposed by the Washington
County Health Department.
x. Any private ornsite well or septic system shall meet all
Health Department requirements.
(b) All new development in the Residential, Urban District shall
comply with the requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 9.7 Parking Requirements
Parking shall be provided or prohibited according to the requirements of Article
22, Division I, and where applicable, in compliance with Washington County's adopted
Road and Street Design Standards.
The. parking of tractor -trailers, either separately or in tandem, shall be prohibited
on public or private streets in this District.
92
Section 9.8 Site Plans
Uses that require site plans according to the requirements of Section 4.11 shall
comply with and provide all information necessary to determine compliance with the
design guidelines contained in Article 22, Division I (Parking), Division II (Signs), Division
X (Lighting) and Division XI (Landscaping, Screening and Buffering).
93
ARTICLE 10 "RM" RESIDENTIAL, MULTI -FAMILY DISTRICT81
Section 10.0 Purpose.
The purpose of the Residential, Multi -Family District is to provide appropriate
locations for apartments, condominiums, and town houses, and other types of multi-
family buildings in the urban areas of the County at a maximum density of twelve (12)
dwelling units per acre. All other types of residential units are also permitted.
All new development in the Residential -Multi -Family District should be served by
public water and sewer facilities approved by the Washington County Health
Department.
The following regulations and applicable regulations contained in other articles
shall apply in the "RM" Residential, Multi -Family District:
Section 10.1 Principal Permitted Uses
(a) Dwellings, multi -family, apartments or condominiums, in accordance with the
provisions of Article 22, Division VII, of this Ordinance.
(b) Dwellings,' town house, in planned town house developments, in accordance
with the provisions of Article 22, Division VI, of this Ordinance.
(c) Mixed use floating zones subject to the provisions of Article 16.
(d) Dwellings, single-family, two-family, and semi-detached.
(e) Conversion or alteration of a building existing at the time of the enactment of
this Ordinance to accommodate two (2) or more families; provided the
requirements of Section 23.1 and the requirements of the Health
Department are complied with.
(f) Places of worship, schools and colleges. (See Section 23.1(g))
(g) Buildings and properties of a cultural, civic, educational, social or community
service -type libraries, ponds, playgrounds, and community centers and their
associated swimming pools.a2
(h) Agriculture, as defined in
as defined in Article 28A,
in Article 22, Division IX.
Article 28A, including animal husbandry facilities,
which shall be subject to the requirements set forth
a1 Revision 17, Article 10 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-005)
82 Revision 17, Section 10.1(g) amended and eff. 2/26/13 (RZ-12-004/ORD-2013-03)
94
Section 10.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)83
(a) Boarding or rooming houses or tourist homes.
(b) Clubs, fraternities, lodges, or similar organizations, not conducted as a
gainful business, provided any buildings or structures are located subject to
the distance requirements specified in Section 4.9.
(c) Antique shops.
(d) Professional offices, beauty parlors or barbershops (in residence).
(e) Nursing/convalescent homes, assisted living, or comprehensive care
facilities.
(f) Hospitals, medical or dental clinics.
(g) Funeral establishments.
(h) Golf courses, country clubs, private clubs, and,similar recreational uses.
(i) Nursery schools or child care centers.
(j) Public utility buildings and structures or uses not considered essential utility
equipment, as defined in. Article 28A..
Section 10.3 Accessory Uses
Accessory buildings and , uses customarily incidental to any principal use or
authorized special exception use.
Section 10.4 Height Regulations
Single-family, two-family and semi-detached dwellings shall not exceed forty (40)
feet in height.
Multi -family structures such as apartments, condominiums and town houses shall
not exceed fifty (50) feet in height.
All other non-residential principal permitted and special exception uses shall not
exceed thirty-five (35) feet in height.
83 Revision 17, Section 10.2 amended and elf. 2/26/13 (RZ-12-004/ORD-2013-03)
95
Section 10.5 Lot Area, Lot Width, Yard and Density Requirements
The following are the minimum lot area, width, yard and maximum density
requirements for the specified dwelling type. Multi -family dwellings and town houses
shall also be subject to the provisions of Section 22.6 and 22.71, and the modified
requirements in Article 23.
Lot
Lot
Lot Area
Front
Side
Rear
Maximus.
Use
Area
Width
Per
Yard
Yard
Yard
Density
Family
Depth
(Width
Depth
Each
Side
Yard
Multi -Family Dwellings,
Apartment,100
Condominiums
20,500
sq, ft.
ft.
2,000 sq. ft.
25 ft.
10 ft.
20 H *
12 Dwelling
Units Per
Acre
Town Houses
Per Unit
1,600
sq. ft.
16 ft.
1,600 sq.
k. /unit
N/A
Except End
12 Dwelling
25 ft.
Units 10 ft.
20 ft *
Units Per
Per Development
5 acres 100 ft.
3,500 sq. ft,
or 25 ft. on
corner lot*
Acre
net per unit
Single -Family
sq ft 60 ft.
7,500 sq. ft.
20 ft.
8 ft.
35 ft.
N/A
Two -Family
1000
8 . ft. 70 ft.
5,000 sq. ft.
20 ft.
8 ft.
35 ft.
N/A
Semi -Detached
5,0 ft 35 ft.
sq.
5,000 sq. ft.
20 ft.
10f(Ext•
40 ft.
N/A
only)
Existing Buildings
Converted to
Residential Use
20,500
sq. ft. 100 ft.
2,000 s ft.
9•
25 ft.
10 ft.*
20 ft.*
12 Dwellinb
Units Per
Acre
Places of worship,
20,000
Schools and colleges
sq. ft. 100 ft.
25 ft.
20 ft.
40 ft.
N/A
Cultural, civic,
Educational, Social or
20,000
Community Service
sq. ft. 100 ft.
25 ft.
20 ft..
40 k.
N/A
Buildings
Nu rsing/Convalescent
Homes, Assisted Living
or Comprehensive Care
I acre 150 ft.
25 ft
25 ft.
40 ft.
N/A
Facilities
Clubs, Fraternities,
Lodges and Similar
Uses
i acre 150 ft.
25 ft.
25 ft.
40 ft.
N/A
All Other•Non-
Residential Principal
20,000
Permitted or Special
sq. ft. 100 ft.
25 ft.
20 ft.
40 ft.
N/A
Exception Uses
97
*Except when adjacent to single-family or semi-detached units, the setback shall be forty (40) feet and
increase five (5) feet for each story over two (2) stories.
N/A - Not Applicable.
Section 10.6 Public Facilities
(a) All new development in the Residential, Multi -Family District shall be served
by public water and sewer facilities approved by the Washington County
Health Department.
1. The Planning Commission may waive this requirement after consultation
and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this requirement, the
Planning Commission shall consider the following:
i. The need to protect environmental resources from potential pollution
from failing septic systems.
ii. The availability and proximity of existing public water and sewer
facilities..
iii. The status of any available plans for utility extensions in the future
that may serve the area.
iv. The existence and operation of private, on -site health facilities in the
vicinity.
v. Recommendations:of the Washington County Health Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider
viii. Any grant of a waiver to allow the use of a private, on -site well or
septic system is conditional upon the agreement to abandon the
private system and connect to the public utility when it becomes
available.
ix. When the. Planning Commission has determined that a waiver from
the required use of public water and sewer facilities is appropriate the
minimum lot size shall be as specified in Section 10.5. Lot dimensions
shall also conform to any applicable minimum requirements affecting
lot size, width or separations imposed by the Washington County
Health Department. '
x. Any private on -site well or septic system shall meet all Health
Department requirements.
(b) All new development in the Residential, Multi -Family District shall comply
with the requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 10.7 Design Standards
(a) Common open •space shall be located, as much as possible, with an
orientation to the interior of the development and consist of land conducive
to leisure and active recreational use.
(b) Impermeable surface coverage for interior streets, parking areas, and
residential structures shall not exceed forty-five (45) percent of the gross
land area.
(c) A cohesive and comprehensive network of pedestrian paths shall be
provided in all new development in the RM District. The paths shall provide
pedestrian access to and among all dwellings,, parking areas, and recreation
amenities. Pedestrian paths shall also provide access to other site amenities
including, but not limited to; community buildings, auxiliary or recreation
vehicle parking areas, solid waste disposal, mailboxes, and on -site public
transportation stops.
The pedestrian system should also provide:walkways to promote walking as
an alternative to automobile use and as a. leisure activity.
When determined appropriate by the Planning' Commission and with advice
from the Public Works Department, Board of Education, or entities providing
public transportation services; pedestrian paths sha0'also provide access to
off -site, adjacent residential communities, nearby community facilities such
as schools, public transportation'routes ;and local retail goods and services.
Paths shall be wide enough to accommodate expected traffic and of an
appropriate material to meet handicap accessibility standards.
(d) When a proposed development is located adjacent to an existing public
transit route or where students require. school .bus transportation, a bus
waiting area consisting of an asphalt or concrete'surface at least 10' x 10'
shall be provided in a location that has been determined with advice from
the Board, of Education, or public transit provider. If, after consultation with
the transportation provider, it is determined that both services cannot or will
not be provided within the boundaries of,' or adjacent to, the new
development, then the waiting area is not required.
(e) Landscaping or common open spaces, in the absence of existing tree cover,
shall consist of trees, shrubs, and ground cover according to the guidelines
contained in Article 22, Division XI as applicable. On -site utilities (i.e.
pumping station, etc.) shall be effectively screened with landscaping.
99
(f) All new development in the District shall provide and maintain adequate
provisions for emergency vehicle access.
(g) Site lighting is a necessary and desirable component of urban residential
development. It shall be designed and installed to provide aesthetic value
and safety. Site lighting shall also be installed in a manner that minimizes
negative effects on adjacent properties. It shall be provided according to the
guidelines established in Article 22, Division X.
(h) Parking requirements
Parking shall be provided or prohibited according to the requirements of
Article 22, Division I, and where applicable in compliance with Washington
County's adopted Road and Street Design Standards.
The parking of tractor -trailers, either separately or in tandem, shall be
prohibited on public or private streets in this District.
Section 10.8 Site Plan
(a) A site plan with an approved Forest Stand Delineation and Forest
Conservation Plan is required for all principally permitted and approved
special exception uses except single-family, two-family, and semi-detached
dwellings and agricultural uses. Animal husbandry facilities are subject to
the requirements set forth in Article 22, Division IX.
(b) Play lots, tot lots and other recreation areas are required in developments
that include multi -family structures, town houses or existing buildings
converted for residential use, according to the guideline contained in Section
4.17.
(c) Uses that require site plans according to the requirements of (a) above and
Section 4.11 shall comply with and provide all information necessary to
determine compliance with the design guidelines contained in Article 22,
Division I (Parking), Division II (Signs), Division X (Lighting), and Division XI
(Landscaping, Screening and Buffering).
100
ARTICLE 110 "BT" BUSINESS, TRANSITIONAL
Section 110.0 Purpose64
The purpose of the BT zone is to provide for low intensity commercial uses. The
BT District is intended to be served with adequate water and/or sewerage service
meeting Health Department standards. Uses that generate high traffic or that may create
adverse conditions for neighborhood residential properties are not intended for this
District.
The following regulations and applicable regulations contained in other articles
shall apply in the "BT", Business, Transitional District:
Section 110.1 Principal Permitted Uses85
(a) Banks and financial institutions.
(b) Beauty and barber shops.
(c) Child day-care facilities.
(d) Clinics with or without a pharmacy.
(e) Florist shops.
(f) Offices, business and professional.
(g) Shoe repair shops.
(h) Stationery stores.
(i) Tailor shops.
(j) Temporary or Seasonal Retail - provided that the area devoted to the use be
limited to less than 2,500 sq. ft. and that the use on the premises occurs for
at least 30 days and does not exceed 9 months within a calendar year.
Section 110.2 Special Exceptions86
(a) Ambulance or rescue squads.
(b) Antique shops.
(c) Fire stations.
(d) Laundry or dry cleaning businesses.
(e) Libraries.
(f) Public utility buildings and structures..
(g) Religious institutions.
(h) Specialty shops,
(i) Any other use that the Board finds is functionally similar to any principally
permitted use or special exception listed in this Article. The Board shall not
grant any special exception which is inconsistent with the purpose set forth
84 Revision 4, Section 110.0 amended 12/10/91 (RZ-91-18)
85 Revision 6, Section 110.1(j) added 6/22/93 (RZ-93.4)
86 Revision 11, Section 110.2(j) added 5/18/99 (RZ-99-01)
101
for this District, nor which will materially or adversely affect the use of any
adjacent or neighboring properties.
(j) Commercial Communication Towers, subject to the requirements of Section
4.22.
Section 110.3 Accessory UseS17
(a) Uses and structures customarily accessory and incidental to any permitted
principal use or authorized conditional use including a single-family dwelling
unit in the same building with a principal use.
Section 110.4 Height Regulations
No structure shall exceed fifty (50) feet, except as provided in Section 23.4.
Section 110.5 Lot Area, Lot Width and Yard Requirements8° 89
The following minimum requirements shall be observed, subject to the
modification requirements in Article 23.
Front Yard Side Yard(Width Rear Yard
Depth`" Each Side Yard) Depth
Principal Permitted, AF
Accessory, and Special.
Exception Uses 40 ft. 10ft.* None*
*Where adjoining any RR, RS, RU or RM District, not less than twenty-five (25)
feet.
[Except 110.2(j)]
Section 110.6 Design Standards
(a) Site Coverage: Impermeable site coverage (building area, parking and other
paved surfaces) shall not exceed 80% of the gross site area.
(b) Adequate provision shall be made for storage arid collection of refuse.
(c) Permeable areas of the site shall be landscaped.
87 Revision 1, Section 110.3 amended 4126188 (RZ-382)
88 Revision 11, Section 110.5 amended'5118/99 (RZ-99-01)
69 Revision 15, Section 110.5 amended 9/19106 (RZ-06-007)
102
Section 110.7 Site Plan90
(a) A site plan with
Conservation Plan
exception uses.
an approved Forest Stand Delineation and Forest
is required for all principally permitted and special
90 Revision 6, Section 110.7 amended 219/93 (RZ-92-16)
103
ARTICLE 11 "BL" BUSINESS, LOCAL DISTRICT91
Section 11.0 Purpose
The purpose of the Business, Local District is to provide appropriate locations
where the retail goods and services needed by a neighborhood population can be made
available and can be served with adequate water and/or sewerage service meeting
Health Department standards.
Uses permitted in the Business, Local District should provide for the routine daily
stopping needs of the nearby neighborhood residents and be of an appropriate use
intensity and scale to be compatible with the adjacent and. surrounding residential
neighborhood.
Commercial goods and services that serve a regional population or, due to
inherent characteristics, are incompatible with residential development are inappropriate
and not permitted in the Business, Local District.
All new development in the, Business, Local District should be served by public
water and sewer facilities approved by the Washington County Health Department.
The following regulations and applicable regulations contained in other articles
shall apply in the "BL" Business, Local District.
Section 11.1 Principal Permitted Uses92
(a) Local retail goods and service shops, including:
Alcoholic beverage package stores.
Antique shops.
Appliance stores. -
Automobile accessory.
Bakery shops (retail production and sales only).
Banks, savings and loans institutions.
Banquet/Reception Facilities
Beauty and barber shops.
Candy stores.
Clothing stores.
Dairy products stores.
Dress or millinery shops.
Drug stores.
Dry goods or variety stores.
Florist or garden shops.
Food and grocery stores.
Fruit or vegetable stores.
Furniture and upholstering stores.
91 Revision 17, Article 11 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-004/ORD-2010-07)
92 Revision 17, Section 11.1(a) amended 4123/13 by adding Banquet/Reception Facilities (RZ-12-002/ORD•2013-13)
104
Gift or jewelry shops.
Hardware stores.
Laundromats.
Laundry or dry cleaning establishments and pick-up stations.
Meat Markets.
Photographic studios.
Printing, blue printing, photocopying, and similar reproduction services
limited to a maximum 15,000 square feet of floor space.
Produce stands.
Radio, television or electronic repair shops.
Restaurants and lunch rooms.
Shoe repair shops.
Specialty shops.
Sporting goods or hobby shops.
Stationery stores.
Tailor establishments.
Taverns.
Taxi stands.
Temporary or Seasonal Retail - provided that the area devoted to the use be
limited to less than 2,500 sq. ft. and that the use on the premises occurs
for at least 30 days and does not exceed 9 months within a calendar year.
(b) Neighborhood shopping centers containing any principal permitted or
approved special exception use, as defined in Article 28A and Section
11.6(h).
(c) Funeral establishments.
(d) Offices and clinics, professional and business.
(e) Retirement, nursing, and boarding homes.
(f) Schools for performing and visual arts.
(g) Community meeting halls:
(h) Self -Storage mini -warehouses excluding outside storage or outside uses.
(i) Libraries.
(j) When it can be determined that an unlisted use is functionally similar to a
listed principal permitted use by inclusion in the same 6 digit North American
Industry Classification System (NAICS), the use may also be permitted in
the Business, Local District as if it were listed as a principal permitted use
herein.
If a proposed use is not listed and cannot be determined to be functionally
similar in character to a listed use by reference to its 6 digit NAICS Code,
the use is not permitted in the Business, Local District except when
105
approved by the Board of Appeals as a special exception as stated in
Section 11.3.
(k) Structures and uses existing prior to assignment of the current Business,
Local District that are not listed as principal permitted uses are considered
non -conforming uses and are permitted subject to the guidelines governing
such uses in Section 4.3. 1
Section 11.2 Accessory Uses.
(a) Uses and structures customarily accessory and incidental to any permitted
principal use or authorized conditional use, including a single-family dwelling
unit in the same building with a principal use.
Section 11.3 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
(a) Public Utility Buildings, Structures or uses not considered essential utility
equipment, as defined in Article 28A.
(b) Any other use that the Board finds is functionally similar to any principally
permitted use or special exception listed in this Article, The Board shall not
grant any special exception which is inconsistent with the purpose set forth.
for this District, nor which will materially or adversely affect the use of any
adjacent or neighboring properties.
c) Places of worship.
Section 11.4 Height Regulations
No structure shall exceed twenty-five (25) feet in height, except as provided
in Section 23.4.
Section 11.5 Lot Area, Lot Width, and Yard Setback Requirements
The following minimum requirements shall be observed, subject to the modified
requirements in Article 23. ,
Use
Lot
Lot Width
Lot Area Per
Front Yard
Side yard
(Width Each
Rear Yard
Area
family
Depth
Side Yard
Depth
Principal Permitted
or AccessoryUses
25 ft.
loft.*
10 ft
*Where adjoining any RR, RT, RS, RU, or RM District, not less than twenty-five (25) feet.
106
Section 11.6 Design Standards
(a) Site Coverage: Impermeable site coverage (parking areas, building area
and other paved surfaces) shall not be greater than 70% of the gross area of
the site. This site coverage limitation shall 'not include any area of pervious
or permeable pavement.
(b) Refuse: Adequate provision shall be made for storage and collection of
refuse. Refuse collection and storage areas shall not be located in the front
yard or in front of the building. Refuse collection and storage areas may be
located on the side or to the rear of the building but not in the side yard
setback. Refuse collection and storage areas shall be completely shielded
from view at all times by fencing or landscaping that meets the applicable
requirements of Article 22, Division Xl.
(c) Landscaping: Permeable areas of the site, excluding permeable pavement,
shall be landscaped with ground cover, shrubs and trees according to the
guidelines contained in Article 22, Division Xl.
(d) Lighting: All sites which will receive night use shall be provided lighting for
safety and aesthetics. Lighting shall be provided in accordance with the
regulations and guidelines contained In Article 22, Division X.
(e) Signs: Signs may be provided and shall be in accordance with the
regulations and guidelines contaihed In Article 22, Division' II.
(f) Screening or Buffering: When screening' 'and buffering are required or
appropriate to enhance compatibility, they shall be provided according to the
regulations and guidelines contained in Article 22, Division XI.
(g)" Loading Areas: All uses shall provide an appropriately -sized area for
parking vehicles to load and unload goods and materials. The designated
loading area shall not be located where it will interfere with the flow of traffic
in the parking lot or on adjacent public or private streets. Loading areas shall
be provided in accordance with the regulations and guidelines contained in
Article 22, Division I. Where appropriate and approved by the Planning
Commission, loading areas may be shared among several uses on the
same site.
(h) Neighborhood shopping centers shall contain no more than five (5) units or
exceed twenty-five thousand (25,000) square feet in gross floorspace.'
(i) Unoccupied commercial buildings shall be subject to the following
maintenance of vacant buildings guidelines.
1. The property shall be kept clear of trash.
107
2. Parking lot lights shall be illuminated during the evening business
hours of the surrounding commercial area. If there is no adjacent
commercial area, the property shall be minimally lit for security
purposes.
3. Commercial identification , signs shall be removed and the space
behind them repainted or treated in an appropriate manner to
maintain an appearance consistent with the remainder of the building.
4. Landscaped areas shall be kept clear of weeds and be properly
maintained.
5. Building's` shall b'e kept in good condition (painted areas kept in good
condition, windows kept in good and clear condition, walls and other
surfaces kept clear of graffiti and other staining elements, destruction
caused by Vandals repaired, etc.).
6. Contact information shall be posted.
a) All new development in the Business, Local District shall be served by public
water and sewer, facilities that have been approved by the Washington
County Health Department.
1. The Planning Commission* may waive this requirement after
consultation and advice from the Health Department.
2. Prior to a decision to grantor not granta waiver of this requirement,
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic systems.
ii. The availability and proximity of existing public water and sewer
facilities.
iii. The status of any available plans for utility extensions in' the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities in
the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan
vii. Recommendations of the potential service provider.
108
viii. Any grant of a waiver to allow the use of a private, on -site well or
septic system is conditional upon the agreement to abandon the
private system and connect to the public utility when it becomes
available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be as specified in
Section 11.5. Lot Dimensions shall also conform to any
applicable minimum requirements affecting lot size, width or
separations imposed by the. Washington County Health
Department.
x. Any private on -site well or septic system shall meet all Health
Department requirements.
xi. All new development it the Business, Local District shall comply
with the requirements' of the Washington County Adequate
Public Facilities Ordinance.
Section 11.7 Site Plan
(a) A site plan with an approved Forest, Stand. Delineation and Forest
Conservation Plan is required (Section 4.11) for all principally permitted and
approved special exception uses.
(b) All'site plans shall contain inforfnation as required by the applicable sections
of this Article and this Ordinance and shall not be approved without
compliance with the applicable sections.
109
ARTICLE 12 "BG" BUSINESS, GENERAL DISTRICT93
Section 12.0 Purpose
The purpose of the Business, General District is to provide appropriate locations
for businesses of a more general nature than might be expected to be found in a
neighborhood.
All new development in the Business, General District should be served by public
water and sewer facilities approved by the Washington County Health Department.
The following regulations and applicable regulations contained in other articles
shall apply in the BG" Business, General District.
Section 12.1 Principal Permitted. Uses
(a) Retail trades, businesses and services, including but not limited to the
following and any use permitted in the BL District, subject to the use
regulations specified in that district.
Amusement parks,
Animal hospitals, veterinary clinics, or kennels without outside runways or
exercise areas.
Bottling of soft drink or milk, or distribution stations for same.
• Bowling alleys.
Carpentry or woodworking shops.
Conference Centers04
Department stores.
Drive-in restaurants.
Golf driving ranges.
Hotels and apartment hotels, including motels.
Libraries.
Newspaper publishing establishments.
Printing shops. •
Retail building material sales conducted in an enclosed structure with no
outside material storage.
s3 Revision 17, Article 12 deleted and replaced, 4117112, eff. 7/1/12 (RZ-10-005/ORD-2010-07)
_. 94 Revision 17, Section 12.1(a) amended 4/23113; Conference Centers added (RZ-12-002/ORD-2013-13)
110
Sales and service establishments for automobiles, trucks, recreational travel
vehicles, farm implements and motorcycles, subject to the setback
requirements of Section 12.6(d).
Schools, business, dancing, music and trade.
Sheet metal shops.
Sign painting shops.
Signs, outdoor advertising, subject to the provisions of Section 22.24 and
22.25.
Skating rinks.
Swimming pools.
Telephone central office or service center.
Temporary or Seasonal Retail - provided that the area devoted to the use be
limited to less than 2,500 sq. ft. and that the use on the premises occurs for
at least 30 days and does not exceed 9 months within a calendar year.
Tourist homes.
Wholesale business, warehousing or service establishments, except as first
allowed in an "IR" or "IC" District.
Section 12.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
(a) Wholesale and retail outside building material storage yards; utility storage
yards, such as water, electric, gas,. communication and sewer; and outside
storage yards which are directly related to a'ny'principal permitted or special
exception use in a BC zone.
(b) Feed and grain sales, milling and/or storage.
(c) Outdoor drive-in theaters.
(d) Animal hospitals, veterinary clinics, or kennels with outside runways or
exercise areas which shall be 100 feet from any dwelling, place of worship,
school or institution for human care not located on the same lot and subject
to additional requirements of Section 12.5.
(e) Research and development facilities as defined in Article 28A.
(f) Adult bookstores provided that no such establishment is located within 1,000
feet of any residential district, within 1,000 feet of a place of worship or
school, within 1,000 feet of any restaurant, eating establishment, hotel or
motel, within 1,000 feet of any theater, club or lodge, or within 1,000 feet of
any other adult book store or adult mini -motion picture theater.
111
(g) Adult mini -motion picture theaters, provided that no such establishment is
located within 1,000 feet of any residential district, within 1,000 feet of any
place of worship or school, within 1,000 feet of any restaurant, eating
establishment, hotel or motel, within 1,000 feet of any theater, club, or lodge,
or within 1,000 feet of any other adult mini -motion theater or adult book
store.
(h) Any other facility providing any other type of adult entertainment provided
that no such establishment is located within 1,000 feet of any residential
district, within 1,000 feet of a place of worship or school, within 1,000 feet of
any restaurant, eating establishment, hotel or motel, within 1,000 feet of any
theater, club, of lodge, or within 1,000 feet of any other adult book store,
adult mini -motion picture theater, or any other facility providing adult
entertainment.
(i) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article 28A.
Q) Commercial Communications Towers, subject to the requirements of
Section 4.22.
(k) Places of worship.
• (I) Any other use that the Board finds is functionally similar to any principally
• permitted use or special_ exception except adult book stores, adult mini -
motion picture theaters, or any other type of adult, entertainment listed in this
Article. The Board shall not grant any special exception which is inconsistent
with the purpose set forth for this District, nor which will materially or
adversely affect the use of any adjacent or neighboring properties.
Section 12.3 Accessory Uses
(a) Uses and structures customarily accessory and incidental to any principal
permitted use or authorized conditional use, including business signs
pertaining to "use on the premises" (provided, that such signs are located as
regulated in Section 22.23), and a single-family dwelling unit in the same
building with a principal use.
Section 12:4 Height Regulations
• No structure shall exceed seventy-five (75) feet in height, except as provided in
Section 23.4.
Section 12.5 Lot Area, Lot Width and Yard Setback Requirements
• The following minimum requirements shall be observed subject to the modified
requirements in Article 23.
112
USELOT
FRONT
YARD
NO. OF
SIDE
YARD(WIDTH
REAR
AREA
WIDTH
DEPTH
STORIES
EACH SIDE
YARD
[,Buildin
YARD)
n—residential
None
None
40 ft.
10 ft **
10 ft.**
s
[__ otels
200s'.
ft.
100 ft.
40 ft.
20 ft.
20 ft **
Motels
1 acre
1QOft.
40 ft.
1 —2Y.
15 ft.
15 k.**
Residential
Same as
Same as
Same
parts of non-
"RU"
' RU"
Same as
Same as
Same as "RU"
as
"RU"
residential
District
District
"RU" District
"RU" District
District
buildings
District
al
ls,
ary
or
I acre
200 ft.
50 ft.
50 ft.
50 ft.
with
runways
cise
Suhirt'tn
..r e__.:__
.
nw ', �c,_Nll IC.'*.
** Except adjoining any RR, RT, RS, RU, or RM District, in which case not less than thirty-five (35) feet and
subject t&all appllcable'screening requirements.
*(See also section 12,2(d)).
Section 12.6 Design Standards
(a) Site Coverage: Impermeable site coverage (Parking areas, building area,
and other paved surfaces) shall not be greater than 80% of the gross area of
the site. This site coverage limitation shall not include any area of pervious
or permeable pavement.
(b) Refuse: Adequate provision shall be made for storage and collection of
refuse. Refuse collection and storage areas shall not be located in the front
yard or in the front of the building. Refuse collection. and storage areas may
be located on the side or to the rear of the building but not in the side yard
setback. Refuse collection and storage areas shall be completely shielded
from view at all times by fencing or landscaping that meets the applicable
requirements of Article 22, Division XI.
(c) Landscaping: Permeable areas of the site, excluding permeable pavement,
shall be landscaped with ground cover, shrubs, and trees according to the
guidelines contained in Article 22, Division XI. If the new use is adjacent to
113
any lot occupied by a dwelling, school, place of worship, or institution for
human care not located on the same lot as said use or buildings, or any lot
which is part of a duly recorded residential subdivision, it shall be effectively
screened according to the buffering requirements contained in Article 22,
Division XI.
When additional screening and buffering is required • or appropriate to
enhance compatibility between uses it shall be provided according to the
buffering requirements contained in Article 22, Division XI.
(d) Vehicle Display: All vehicles displayed on sales lots, including farm
implements, shall be parked at least ten (10) feet from the public or private
street or road right-of-way, or from the curb, or from the street or road edge,
whichever provides the greatest setback.
(e) Lighting: All sites which will receive night use shall be provided lighting for
safety and aesthetics. Lighting shall be provided in accordance with the
regulations and guidelines contained in Article 22, Division X.
(f) Signs: Signs may be provided and shall be in accordance with the
regulations and guidelines contained in Article 22, Division II.
(g) Loading Areas:. All uses shall provide an appropriately sized area for
parking. vehicles to load and unload goods' and materials The designated
loading area shall not be located where it will interfere with the flow of traffic
in the parking lot or on adjacent public or private streets. Loading areas shall
be provided in accordance with the regulations and guidelines contained in
Article 22, Division I. Where appropriate, and, approved by the Planning
Commission, loading areas may be shared. among several uses on the
same site.
(h) Outside Storage: All wholesale and retail outside building material storage
yards and other outside storage yards shall include a fence or a dense
screen planting of trees, shrubs, or other plant materials, or both, to the full
length of the outdoor storage area to serve as a barrier to visibility, air borne
particles, glare or noise. Such screen planting shall be in accordance with
the following requirements:
1. Plant materials used in the screen, planting shall be of such species
and size as will produce a complete visual screen of at least six (6)
feet in height.
2. A fence, when erected as a screen, shall be not less than six (6) feet
in height, and shall be placed no closer than three (3) feet from any
street or property line.
3. The screen planting shall be placed so that at maturity it will be no
closer than ten (10) feet from any street or property line.
"51
4. No structure, fence, planting or other obstruction shall be permitted
which would interfere with traffic visibility across the corner of a lot
and at access driveways within a required clear sight triangle. Such
clear sight triangle shall be maintained in the area between a plane
two (2) feet above curb level and a plane seven (7) feet above curb
level.
5. The screen planting or• fence shall be broken only at points of
vehicular or pedestrian access.
6. The screening requirements of Article 22, Division XI shall also apply
and the stricter shall prevail.
(i) Permanent or temporary outside display areas shall be designated on the
site plan and shall be designed to be consistent with the non -parking uses in
parking facilities guidelines contained in Section 22.14. Outside display
areas are subject to the yard requirements of Secfibn 12.5.
Q) Unoccupied commercial buildings shall be subject to the following
maintenance of vacant buildings guidelines.
1. The property shall be kept clear of trash:
2. Parking lot lights shall be `illuminated during the evening business
hours of the surrounding commercial area. If there is no adjacent
commercial area, the property shall be minimally lit for security
purposes.
3. Commercial identification signs shall be removed and the space
behind' them repainted or treated in an appropriate manner to
maintain an appearance consistent with the remainder of the
building.
4. Landscaped areas shall be kept clear of weeds and be properly
maintained.
5. Buildings shall be kept in good condition (painted areas kept in good
condition, windows kept in good 'and "clean condition, walls and other
surfaces kept clear of graffiti and other staining elements,
destruction caused by vandals repaired, etc.).
6. Contact information shall be posted.
(k) All new development in the Business, General District shall be served by
public water and sewer facilities that have been approved by the
Washington County Health Department.
1. The Planning Commission may waive this requirement after
consultation and advice from the Health Department.
115
2. Prior to a decision to grant or not grant a waiver of this requirement,
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic systems.
H. The availability and proximity of existing public water and
sewer facilities.
iii. The status of any available plans for utility extensions in the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities
in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well
or septic system is conditional upon the agreement to abandon
the private system and connect to the public utility when it
becomes available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be as specified in
Section 12.5. Lot dimensions shall also conform to any
applicable minimum requirements affecting lot size, width, or
separations imposed by the Washington County Health
Department.
x. Any private on -site well or septic system shall meet all Health
Department requirements.
(I) All new development in the Business, General District shall comply with the
requirements of the Washington County Adequate . Public Facilities
Ordinance.
Section 12.7 Site Plan
A Site Plan with an approved Forest Stand Delineation and Forest Conservation
•Plan is required (Section 4.11) for all principally permitted and approved special
exception uses. All Site Plans shall contain information as required by the applicable
sections of this Article and this Ordinance and shall not be approved without compliance
with the applicable sections.
116
ARTICLE 120 - "IT" INDUSTRIAL, TRANSITION95
[Repealed/Deleted in its entirety]
s5 Revision 17, Article 120 deleted in its entirety, 4/17/12, elf. 7/1/12 (RZ-10-005/ORD-2010-07)
117
ARTICLE 13 "IR" INDUSTRIAL, RESTRICTED DISTRICT96
Section 13.0 Purpose
The purpose of the Industrial, Restricted District is to provide locations for low
intensity manufacturing and assembly processes which may not require extensive
measures to allow compatibility with adjacent land uses. Manufacturing uses in the
Industrial, Restricted District include the processing or assembly of previously processed
materials.
All uses in the Industrial, Restricted District should be served by public water and
sewer facilities approved by the Washington County Health Department.
Private on -site wells may be established to provide water for use in
manufacturing processes. Process water wells must meet all applicable local, State, and
federal water quality and health regulations.
The following regulations and applicable regulations contained in other articles
shall apply in the "IR" Industrial, Restricted District:
Section 13.1 Principal Permitted Uses
(a) Uses of a light industrial nature including, but not limited to the following:
Office buildings.
Manufacture and assembly of electrical appliances, electronics and
communication equipment, professional, scientific and controlling
instruments, and photographic or optical products.
Manufacturing, compounding, assembly or treatment of articles or
merchandise from previously prepared • materials such as bone, cloth, fur,
cork, fiber, canvas, leather, cellophane, paper, glass, plastics, horn, stone,
shells, tobacco, wax, textiles, yarns, wood and metals, including light steel or
other light metals, light metal mesh, pipe, rods, shapes, strips, wire or similar
component parts.
Manufacturing, compounding, processing, packaging or treatment of
cosmetics, pharmaceuticals and food products, except fish and meat
products, sauerkraut, vinegar, yeast, and the rendering or refining of fats
and oils.
Manufacture of musical instruments, novelties, and molded rubber products,
including the manufacture, recapping and treading of tires.
96 Revision 17, Article 13 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-005/ORD-2010-07)
118
Manufacture of pottery or other similar ceramic products using only
previously pulverized clay and kilns fired only by electricity or gas.
Laboratories, chemical, physical and biological.
Clothing and shoe manufacture.
Truck terminals.
Warehouses as defined in Article 28A.
Research and development facilities as defined in Article 28A.
Carpet and rug cleaning plants.
Petroleum products storage underground.
Blacksmith, welding, machine and similar shops.
Heliports.
Above ground petroleum products storage tanks provided that they are
directly associated with a manufacturing process that is a principal permitted
use, and provided that all state and federal laws, as well as the National Fire
Underwriters Codes are complied with.
(b) Agriculture, as defined in Article 28A, including animal husbandry facilities
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX.
(c) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article.28A.
(d) Commercial Communications Towers, . subject. to the requirements of
Section 4.22.
(e) Signs, •Outdoor Advertising, subject to the provisions of Sections 22.24 and
22.25.
(f) Parkinglots, other than those for employees • or patrons of the principal
permitted use on the site.
(g) Printing and publishing.
(h) Recycling:facilities, as defined in Article 28A.
Section 13.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
(a) The following uses, when the location of such use shall have been
authorized by the Board, provided such use shall be subject to three (3)
times the distance requirements of Section 4.9.
119
Concrete and ceramic products manufacture, including ready -mixed
bituminous or cement concrete plants.
Contractor's equipment and storage yards.
Above ground petroleum products storage tanks. for bulk storage for
distribution or refining, provided that all state and federal laws, as well as
National Fire Underwriters Codes are complied with.
Sawmills in enclosed structures.
Solar Energy Generating Systems in accordance with Section 4.26.
(b) Any other use that the Board finds is functionally similar to any principally
permitted use br special exception listed in this Article. The Board shall not
grant any special exception which is inconsistent with the purpose set forth
for this District, nor which will materially or adversely affect the use of any
adjacent or neighboring properties.
Section 13:3 Accessory Uses
Uses customarily accessory and incidental to any principal permitted use or
authorized special exception use, including a mobile home or dwelling associated with
an industrial use
Section 13.4 Height Regulations
No structure shall exceed seventy-five (75) feet in height, except as provided in
Section 23.4.
Section 13.5 Yard Setback Requirements
Except 13.1(d), the following requirements shall be observed, subject to the
provisions of Article 23:
(a) Front Yard: For industrial buildings or structures, fifty (50) feet from the
nearest right-of-way line of any street.
(b) . Side and Rear Yard: No building or structure' shall be located closer to any
side or rear property line than twenty-five (25) feet.
Except: Where a lot and proposed use(s) abut a railroad or railroad siding,
the side or tear yard setback'abutting the railroad or railroad siding shall not
be required.
(c) Where the proposed uses or buildings abut a lot in a RR, RT, RS, RU, or
RM District, a residential use in a mixed use district or any lot occupied by a
dwelling, school, place of worship, or institution for human care not located
on the same lot as the said use or building, or any lot which is part of a duly
120
recorded residential subdivision, the side and rear setbacks shall be one
hundred (100) feet.
Section 13.6 Design Standards
(a) Refuse; Adequate provision. shall be made for storage and collection of
refuse. Refuse..collection and storage areas shall not be located in the front
yard or in front of the building, refuse collection and storage areas may be
located on the side or to the rear of the building but may not be located in
the side yard setback. Refuse collection and storage areas shall be
completely shielded from view at all times by fencing or landscaping that
meets the applicable requirements of Article 22, Division XI.
(b) Landscaping: Permeable areas of the site, excluding permeable pavement
shall ,be landscaped with ground cover, shrubs, and trees according to the
guidelines contained in Article 22, Division Xl. If the new use is adjacent to
any lot occupied by a dwelling, school, place of worship, or institution for
human care not located on the same.lot as said use or buildings, or any lot
which is part of a duly recorded residential subdivision, it shall be effectively
screened according to the buffering requirements contained in, Article 22,
Division Xl.
When additional screening and buffering is required or appropriate to
enhance compatibility between uses it shall be provided .according.,to the
regulations and guidelines contained in Article 22, Division XI.
(c) Lighting: All sites which will receive night use shall be provided lighting for
safety and aesthetics. Lighting shall be provided, in, accordance with the
regulations and guidelines contained in Article 22; Division X..
(d) Signs: Signs may be provided and shall be. in accordance, with the
regulations and guidelines contained in Article 22, Division II.
(e) Loading Areas: All uses shall provide an appropriately -sized.. area for
parking vehicles to load and unload goods and materials. The designated
loading area shall not be located where it will interfere with the flow of traffic
in the parking lot or on adjacent public or private streets,. Loading areas shall
be provided in accordance with the regulations and guidelines contained in
Article 22, Division I. Where appropriate and .approved by the Planning
Commission, loading areas may be shared among several uses on the
same site.
(f) All new development in the Industrial, Restricted District shall be served by
public water and sewer facilities that have been approved by the
Washington County Health Department.
The Planning Commissiqn may waive this requirement after
consultation and advice from the Health Department.
121
2. Prior to a decision to grant or not grant a waiver of this requirement
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic systems.
ii. The availability and proximity of existing public water and sewer
facilities.
• iii. The status of any available plans for utility extensions in the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities
in the vicinity.
v. Recommendations of the Washington County Health
Department.
• vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well
or septic system is conditional upon the agreement to abandon
the private system and connect to the public utility when it
becomes available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be the result of
application of the minimum setback and yard requirements
specified in Section 13.5. Lot dimensions shall also conform to
any applicable minimum requirements affecting lot size, width or
separations imposed by the Washington County Health
Department.
x. Any private on -site well or septic system shall meet all Health
Department requirements.
(g) All new development in the Industrial, Restricted District shall comply with
the requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 13.7 Site Plan
A site plan with an approved Forest Stand Delineation and Forest Conservation
Plan is required for any principally permitted or approved special exception use except
• animal husbandry. Animal husbandry facilities shall be subject to the requirements set
forth in Article 22, Division IX. All site plans shall contain information as required by this
122
article and applicable sections, of this Ordinance and shall not be approved unless the
information indicates compliance with those requirements.
All site plans for uses in the Industrial, Restricted District shall provide the
required information and meet the performance standards contained in Section 4.12 of
this Ordinance.
Section 13.8 Prohibited Uses in "IR" District
Kilns used or modified for the purpose of incinerating hazardous waste or
controlled hazardous substances or recycling hazardous waste for fuel are prohibited.
Facilities or structures for the purpose of receiving, storing, or processing hazardous
waste or controlled hazardous substances for the purpose of incineration in kilns on site
are prohibited.
123
ARTICLE 14 "IG" INDUSTRIAL, GENERAL DISTRICT97
Section 14.0 Purpose
The purpose of the Industrial, General District is to provide locations for
manufacturing, processing, and other heavy industrial uses which may require extensive
transportation, water and/or sewerage facilities, or open space, because of the number
of employees, the type of manufacturing operation, or any by-products which might
result from the use. Industrial uses related to agriculture such as grain milling, storage,
feed production, and sales are also included.
All uses in the Industrial, General District should be served by public water and
sewer facilities approved by the Washington County Health Department.
The following regulations, and applicable regulations contained in other articles,
shall apply in the "IG" Industrial, General District.
Section 14.1 Principal Permitted Uses
(a) Uses of a general industrial nature, but not limited to the following:
Penal and correctional institutions, including jails.
Manufacture and assemblyof aircraft, automobiles, house trailers, or other
vehicles.
Manufacture and bottling of alcoholic beverage.
Manufacture of brick, or clay products.
Machine shops, structural steel fabricating.
Coal yards.
Cooperage works.
Manufacture or processing of chemicals, except sulfuric, nitric or hydrolic or
other corrosive or offensive acids.
Manufacture of dye or dyestuff and printing ink.
Electric generating or steam power plants.
Flour mills, grain milling or drying, and feed production, storage and sales.
97 Revision 17, Article 14 deleted and replaced, 4/17/12, elf. 7/1/12 (RZ-10-005/ORD-2012-07)
124
Manufacture of felt, shoddy, hair products, feathers, emery cloth, sandpaper
or sand blasting and/or products therefrom.
Enameling, japanning, lacquering, galvanizing, and plating.
Manufacture or processing of meat or food products, except
slaughterhouses.
Manufacture of paper, pulp or cloth.
Manufacture of pickle, sauerkraut, vinegar, yeast, soda or soda compounds.
Manufacture of rayon or similar products.
Manufacture of rubber or rubber products.
Manufacture of starch, glucose, dextrin or spice.
Manufacture of soap, oil, paints, turpentine.
Manufacture of wire or wire products.
Public utility buildings, structures or uses not considered essential utility
Equipment, as defined in Article'28A.
(b) Agriculture, as' defined in'Artible'28A, including animal, husbandry facilities,
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX.
(c) Printing and publishing.
(d) Heliports.
(e) Any use permitted or as regulated as a principal permitted or special
exception in the "IR" District, except as hereinafter modified.
(f) Signs, Outdoor Advertising, subject to the provisions of Sections 22.24 and
22.25.
(g) Recycling facilities, as defined in Article 28A. During site plan review and
approval for recycling facilities, the Planning Commission may determine
that it is appropriate and permit certain 'recycling activities to occur outside of
an enclosed building. These activities might include, but are not necessarily
limited to, the stockpiling of inorganic materials or the location and operation
of machinery that is not conducive to location or operation inside of a
building. The Planning Commission must determine that such activities
outside of an enclosed building can be adequately controlled by other
means in order to mitigate negative impacts on adjacent uses. Such
125
activities must be adequately screened from adjacent uses according to the
screening requirements of Section 22.11.2.
(h) Animals hospitals, veterinary clinics, and other similar facilities that provide
similar temporary housing and/or care for animals. Outside runways or
exercise areas are permitted as part of this use when not adjacent to
residential zoning or uses.
Section 14.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
(a) The• following uses, when the location of such use shall have been
authorized by the Board, provided such use shall not be less than one
thousand (1,000) feet from any Residential District, from any existing
residential use on a separate lot, or any residential portion of a mixed use
development.
Abattoirs, slaughterhouses, stockyards.
Acid or heavy chemical manufacture, processing or storage.
Blast furnace or boiler works.
Ready. mix,bituminous and cement concrete mixing plants. In its deliberation
on this special exception use, the Board of Appeals shall consider the need
for the one thousand (1,000) foot setback as specified above. The Board
may reduce the setback to as little as twenty-five (25) feet when it can be
determined, based on the site conditions, that a lesser setback for this use
will not negatively impact the adjacent residential use. In cases where it has
been determined that the setback may be reduced, there shall be screening
provided to mitigate the lesser setback, according to the guidelines of
Section 22.11.2 of this Ordinance. .
Cement; lime', gypsum or plaster of Paris manufacturing
Distillation of bones, fat rendering, grease, lard, or tallow manufacturing or
processing.
Explosive.manufapture or storage.
Fertilizer, potash;. insecticide, glue; size, or gelatin manufacture.
Foundries and/or casting facilities.
Garbage, offal, or dead animal reduction.
Gas manufacture or storage for heat or illumination.
Bio-diesel, meeting ASTM D6751 specifications, production and storage.
Junk yards as defined in Article 28A.
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Above -ground petroleum products storage tanks for petroleum storage
distribution, or refining, provided that all state and federal laws, as well as
the National Fire Underwriters Codes, are complied with.
Solar Energy Generating Systems in accordance with Section 4.26.
(b) Moderate volume mineral extraction, mineral processing, mineral -related
uses, and mineral -based manufacturing, as defined in Article 28A, subject to
the requirements of Sections 15.4, 15.5, and 25.6. Mineral processing shall
be for minerals mined on the site. The Board of Appeals shall consider the
effects of these mineral extraction and related uses on the public roadways
in the area and may impose additional restrictions according to the
guidelines contained at Section 15.3. (f -h).
Section 14.3 Accessory Uses
Uses customarily accessory and incidental to any principal permitted use or
authorized special exception use, including a mobile home or dwelling associated with
an industrial use.
Section 14.4 Height Regulations
No structure shall exceed one hundred (100) feet in height, except as provided in
Section 23.4.
Section 14.5 Yard Setback Requirements
(a) Front Yard: 50 feet.
(b) Side and rear yards: 25 feet,
Except: Where lot and proposed uses abut and require access to a railroad
or railroad siding, the side or rear yard setback abutting the railroad or
railroad siding shall not be required.
(c) Where the proposed uses or buildings abut a lot in a RR, RT, RS, RU, or
RM District, any residential use in a mixed use development, or any lot
occupied by a dwelling, school, place of worship or institution for human
care not located on the same lot as the said use or building, or any lot which
is part of a duly recorded residential subdivision, the side and rear setbacks
shall be one hundred (100) feet.
Section 14.6 Design Standards
(a) Refuse: Adequate provision shall be made for storage and collection of
refuse. Refuse collection and storage areas shall not be located in the
front yard or in front of the building. Refuse collection and storage areas
may be located on the side or to the rear of the building but may not be
located in the side yard setback. Refuse collection and storage areas
127
shall be completely shielded from view at all times by fencing or
landscaping that meets the applicable requirements of Article 22, Division
XI.
(b) Landscaping: Permeable areas of the site, excluding permeable
pavement, shall be landscaped with ground cover, shrubs, and trees
according to the guidelines contained in Article 22, Division XI. If the new
use is adjacent to any lot occupied by a dwelling, school, place of
worship, or institution for human care not located on the same lot as said
use or buildings, or any lot which is part of a duly recorded residential
subdivision, it shall be effectively screened according to the screening
requirements contained in Article 22, Division XI.
When additional screening and buffering is required or appropriate to
enhance compatibility between uses, it shall be provided in accordance
with the regulations and guidelines contained in Article 22, Division X.
c) Lighting: All sites which will receive night use shall be provided lighting
for safety and aesthetics. Lighting shall be provided in accordance with
the regulations and guidelines contained in Article 22, Division X.
(d) Signs: Signs may be provided and shall be in accordance with the
regulations and guidelines contained in Article 22, Division II.
(e) Loading Areas: All uses shall provide'an appropriately -sized area for
parking vehicles to load and unload goods and materials. The designated
loading area shall not be located where it will interfere with the flow of
traffic in the parking lot or on adjacent, public or private streets. Loading
areas shall be provided in accordance with the regulations and guidelines
contained in Article 22, Division I. Where appropriate and approved by the
Planning Commission, loading areas may be shared among several uses
on the same site.
(f) All new development in the Industrial, General District shall be served by
public water and sewer facilities that have been approved by the
Washington County Health Department.
1. The Planning Commission may waive thisrequirement after
consultation and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this requirement
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic systems.
V. The availability and proximity of existing public water and sewer
facilities.
128
iii. The status of any available plans for utility extensions in the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities in
the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well or
septic system is conditional upon the agreement to abandon the
private system and connect to the public utility when it becomes
available.
ix. When the Planning Commission has determined that a waiver
from, the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be the result of the
application of the minimum setback, and yard requirements
specified in Section 14.5. Lot dimensions shall also conform to
any'applicable minimum requirements affecting lot size, width or
separations imposed by the Washington County Health
Department.
x. Any private on -site well or septic system shall meet all Health
Department requirements.
All new development in the Industrial, General District shall comply with the
requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 14.7 Site Plan
A site plan with an approved Forest Stand Delineation and Forest Conservation
Plan is required for any principally permitted or approved special exception use except.
Agriculture. Animal husbandry facilities shall be subject to the requirements set forth in
Article 22, Division IX.
All site plans shall contain information as required by this Article and applicable
sections of this Ordinance and shall not be approved unless the information indicates
compliance with those requirements.
All uses in the Industrial, General District shall provide the required information
and meet the performance standards contained in Section 4.12 of this Ordinance.
129
Section 14.8 Prohibited Uses in "IG" District
Kilns used or modified for the purpose of incinerating hazardous waste or
controlled hazardous substances or recycling hazardous waste for fuel are prohibited.
Facilities or structures for the purpose of receiving, storing, or processing hazardous
waste or controlled hazardous substances for the purpose of incineration in kilns on site
are prohibited.
130
ARTICLE 15 "IM" INDUSTRIAL, MINERAL DISTRICT98
Section 15.0 Purpose
The purpose of the Industrial, Mineral .District is to provide for high volume
mineral extraction in the Rural Policy Area of the County. It is the intent of this Ordinance
that Industrial, Mineral Districts be protected from encroachment by incompatible land
uses and that new or expanded "FM" Districts be compatible with existing adjacent land
uses.
Section 15.1 Principal Permitted Uses and Accessory Uses
See Table of Land Uses [Section 3.3, Table No. 3.3(1)]
Section 15.2 Special Exceptions
Any other use the Board of Appeals finds is functionally similar to any permitted
use or special exception listed in the Article. The Board of Appeals shall not grant any
special exception that is inconsistent with the purpose set for the district.
Section 15.3 Establishing a New IM District
The Industrial Mineral District is a floating zone established for the rural areas of
the County. A new "IM" District may not be established within the adopted urban growth
area, town growth areas, or rural villages.
The approval process for establishing a new "IM".District shall be in accordance
with Article 27, except that neither a change in the character of the neighborhood nor a
mistake in the original zoning classification shall be a prerequisite to "IM" District
approval.'
In its deliberation on an application for an "IM District, the Planning Commission
shall consider the purpose of the "IM District, the applicable policies of the
Comprehensive Plan, the compatibility of the proposed district with the adjacent lands,
and the effect of the mineral extractive operations on public roadways. The evaluation of
these criteria shall result in findings of fact as part, of a recommendation on the
application to the Board of County Commissioners.
At the time of application for rezoning, the applicant shall submit a concept plan
that includes:
(a) A vicinity map at 1"=2000' showing the location of the proposed "IM" District
in relation to its surroundings.
(b) The boundary, acreage and current zoning of the tract.
98 Revision 14, Article 15 replaced in its entirety, 7/26/05 (RZ-03-005)
131
(c) Minimum topographic information sufficient to determine surface drainage
patterns and principal drainage areas.
(d) Adjacent land uses and zoning and the location of adjacent structures on
adjacent lots within 1,000 feet of the property line.
(e) The location of adjacent geologic formations and other environmentally
significant features.
(f) The proposed routes to be used for hauling mineral products from the site
on public roads to their first intersection with a highway which is classified as
major collector or above in the Washington County Highway Plan.
(g) An estimate of average daily truck traffic from the site on roads identified in
paragraph (f) and the average gross weight of each truck.
(h) County roads identified in accordance with paragraph (f) shall be adequate
in pavement thickness,, roadway width, and alignment to, accommodate the
truck traffic from the extraction operation. The proposed routes, once
identified and approved by the Commission, may not, bechanged without
approval of the Commission subject to the same standards as the original
review. As part of the site plan approval process, the County may, require a
performance bond from the applicant where the resulting vehicular traffic
may result in damage to County roads.
(i) The applicant, unless otherwise determined by an existing study, shall
provide evidence as to what effect the proposed use will' have on the
groundwater ,supply and quality of all . adjoining properties including
determination of a zone of dewatering influence.
(j) The applicant shall provide a contingency plan for well replacement
whenever a public water supply surface intake, public water supply well or
spring, or private water supply well or spring is within the zone of dewatering
influence as designated by the State.
(k) The applicant shall provide a plan for reclamation of the site .once, mining
has ceased. Reclamation plans should be designed to provide for suitable
and appropriate re -use related uses, which exist or are planned for the
surrounding area. 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.
The Board of County Commissioners may, upon receiving a recommendation
from the Planning Commission, restore the land to its previous classification upon written
request from the landowner and upon successful completion of the required reclamation
without another public hearing.
132
Section 15.4 Initiation or Expansion of Operations in Existing IM Districts
Application for the initiation or expansion of operations within an existing IM
District shall be accompanied by a complete copy of the application, including all
supporting documentation, submitted to the' State Water Resources Administration
except for those elements identified as proprietary and confidential by State regulations.
The application shall include plans for reclamation. showing the projected timing and
sequenoe of excavation, the proposed method of site reclamation, the resultant
landform, and the vegetative cover. The site, plan submitted with the application shall
indicate methods of compliance with the standards of Sections 4.11 and 15.5. The
application shall also conform to the requirements of Section 15.3(t) (g) and (h).
Section 15.5 Performance Standards for Site Plan Review98
(a) A person engaging in mineral extraction activities shall locate and
conduct those activities on the site in a way that minimizes visual,
•auditory and other sensory effects on surrounding property owners.
(b) Extractive operations shalj. 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.
Processing operations and non -extractive ..related activities (i.e.,
administrative, maintenance, repair), may be carried out on the premises
beyond the allowed hours of operation, providing the sound level does not
exceed the maximum acceptable limit allowed by the State of Maryland.
On Sundays and, during atypical businesshours, extractive operations will
be allowed if expressly permitted by the Zoning. Administrator because of
an operating emergency or because of local or state need.
(c) Any building or structure housing power -driven or power -producing
machinery or equipment shall be located at least four hundred (400) feet
from any lot in a RR, RS, RU, RM or RV District or any lot occupied by a
dwelling, school, church, or institution for human care not located on the
same lot as the said use.
(d) No excavation shall take place, nor shall the slope of the natural land
surface be altered as a result of such excavation, nor shall the storage of
materials take place nearer than thirty feet to any property line or road
right of way line. Security fencing and screen planting may be located
within this area. This setback requirement shall not apply where the
adjoiningproperty is zoned IM.
(e) Extraction operations shall be confined to areas of a minimum of one
hundred (100) feet from all adjoining property lines in any "A",."EC", "P",
"RB", or "B" District or any public road right-of-way, or a minimum of two
99 Revision 15, Section 15.5(c) (e) amended 9119106 (RZ-06-007)
133
hundred (200) feet from all adjoining property lines in any RR, RS, RU,
RM or RV district . and two hundred (200) feet from any then existing
principal building on an adjoining property.
(f) Screen planting shall be required where mineral extraction and related
activities are visible from adjacent residential, commercial or industrial
structures or any public road. Plant materials used in the screen planting
shall be of such species, size, and number as to minimize objectionable
views, dust, and noise." Whenever topography, existing vegetation, or
other existing natural barrier makes screen planting either unnecessary or
impractical, the Planning Commission may waive this requirement. Any
permanent berms shall be designed in such a way as to have a
vegetative cover.
(g) Entrance or haul roads providing access to the' site for transportation of
mineral products. or heavy equipment shall be maintained in such a
manner as to minimize, dust.
(h) All extraction areas, active or inactive, shall be fenced and posted with
appropriate "warning" signs, where: (1) water can pool more than one and
one-half (1%) feet in depth;,' and (2) the excavation of slopes is steeper
than one (1)'fo'ot vertical to two (2) feet horizontal. Other extraction
areas, active or inqctive, not meeting the foregoing depth and slope
standards may be required to be fenced at the discretion of the Planning
Commission.' °
Vibration,Control'
Machine's 'or blasting operations that cause vibration shall be permitted,
but in no case' 'may vibrations produce a peak particle velocity of more
thantwo (2) inches per second measured at the nearest existing principal
building on an, adjacent lot. The mine operator may be required to
maintain a record of each of'the three components of ground movement
(vertical, horizontal, and longitudinal) for each'shot or blast event. These
records shall be made available to the local governing body upon request.
(j) Storage of Materials ,
Material storage shall comply with Section 4.12(g).
Section 15.6 Prohibited Uses in"lM"Zone
Kilns used or modified for the purposeof incinerating hazardous waste or
controlled hazardous substances or recycling hazardous waste for fuel are prohibited.
Facilities or structures for the purpose of receiving, storing, or processing hazardous
waste or controlled hazardous substances for the purpose of incineration in kilns on site
are prohibited.
100 Revision 16, Section 15.5(h) amended 7/21/09 (RZ-09-002/ORD-09-06)
134
ORDINANCE NO. ORD-2015- 18
TO ITS TEXT
(RZ-15-003)
RECITALS
The Board of County Commissioners of Washington County, Maryland (the "Board")
adopted the Zoning Ordinance for Washington County, Maryland (the "Ordinance") on
January 23, 1973, and it became effective on April 2, 1973.
The Washington County Department of Planning and Zoning filed an application
requesting that amendments be made to the text of the Ordinance. The amendments
proposed will return a Planned Unit Development (PUD) zoning district to the Ordinance as
Article 16A, to be used only for administration of the PUDs that currently exist on the Zoning
Maps (i.e. Woodbridge, Youngstoun, Emerald Pointe, Rosewood, South Pointe, St. James
Village North and Fountainview). Additional amendments are proposed for the existing Article
16, the MX or Mixed Use District.
These amendments are necessary to clarify the Board's long-standing approach to
administration of PUDs, which allowed for major and minor changes —under certain
circumstances --to the concept and development plans governing the buildout of the
developments. The need for these amendments was demonstrated in Arnao et al. v.
Washington County Board of County Commissioners and Emerald Pointe, Inc., Washington
County Circuit Court Case No. 21 -C -14 -50330 -AA, wherein the Court held that the Zoning
Ordinance as in effect at the relevant time did not provide the Board with authority to
consider or allow a major change in the concept plan of an approved PUD.
The Board believes it to be in the best interests of the citizens of Washington County
for the amendments to be enacted.
The Washington County Planning Commission (the "Planning Commission") held a
public meeting for the purpose of taking comments on the proposed amendment on June 1,
2015, pursuant to public notice duly given. The Planning Commission subsequently
recommended approval of the amendments.
The Board held a public hearing for the purpose of taking testimony on the proposed
amendments on August 4, 2015, pursuant to public notice duly given.
Following the public meeting and public hearing, the Board considered the
recommendations of the Planning Commission and the Planning Department staff, and
materials received, if any, as part of the public meeting and public hearing. The Board
conducted this review in a public session.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED that certain provisions of
the Zoning Ordinance, as amended, be further amended as follows:
RZ-1 5-003
(1) ARTICLE 16 - "MX" MIXED USE DISTRICT Is amended as follows:
➢ Section 16.11d1—
➢ Section 16.4(e) is deleted in its entirety.
➢ Section 16.5 Review and Approval Process is amended as follows:
Section 16.5(b)(2.) is amended and shall read as follows:
Section 16.5 Review and Approval Process
2. Zoning Approval: If the applicant decides to proceed, a formal
application for a Mixed Used District shall be filed following the
Concept Plan review. The application shall be accompanied by
the Concept Plan, revised to address any Planning
Commission and other review agency comments and concerns.
The application shall include a clear indication of the residential
density requested in the Mixed Use District and any needed
modifications to lot area, setbacks, or buffers.
The Board of County Commissioners and the Planning
Commission shall hold public hearings, jointly or separately.
Within sixty (60) days after the public hearing before the Board
of County Commissioners and receipt of the Planning
Commission's recommendation, the Board of County
Commissioners shall render a decision on the mixed use
zoning application. Zoning approval constitutes tentative
approval of density and design features as shown on the
Concept Plan.
➢ Section 16.7 Design Standards is amended as follows:
Sections 16.7(i)2. and 16.7(k) are amended and shall read as follows:
Section 16.7 Design Standards
(j) Traffic Circulation and Parking
2. The capacity of existing streets and highways serving a mixed
use development shall be considered by the Planning
Commission in determining density. Density resulting in traffic
capacity being exceeded on streets and highways shall not be
permitted without a developer's agreement to improve the
affected streets to provide adequate capacity.
(k) Phasing: In order to ensure that the mixed use development
develops uniformly, each phase shall independently conform to the
density established by the Planning Commission for the entire land
area covered by the mixed use designation.
7
Section 16.8 Changes to an Approved Mixed Use District
It is the intent of this Article that the establishment of the Mixed Use District
not be a speculative device. However, it is also the intent that an approved
Mixed Use Development may need to change in response to changing
community needs and conditions, and that change must follow an appropriate
public review process similar to that which occurred prior to Mixed Use District
approval and as set forth herein.
Recognizing that flexibility in the site design is inherent in the Mixed Use
District process and that the long term development of such a project may
prompt the need for changes in the approved plans for the property, the
following procedures are established to accommodate a requested change.
(a) Upon a request from a developer for a change to the approved
Mixed Use Development Plan, the Planning Commission shall determine if the
requested change is a major or minor change to the Concept Plan reviewed
by the Board of County Commissioners as part of the establishment of the
Mixed Use District or as part of subsequent changes to the Mixed Use District
Concept Plan. The establishment and subsequent approved changes to the
Mixed Use District by the Board of County Commissioners is considered a
tentative approval of density and design features as shown on the Concept
Plan. The Planning Commission shall make the determination that a change
is major or minor through evaluation of whether or not the change is in
accordance with the Concept Plan on file as reviewed by the Board of County
Commissioners.
Minor changes to the approved Mixed Use Development Plan
(Preliminary or Final) may be approved by the Planning
Commission without the need for an additional public hearing.
The Planning Commission may approve minor design changes
of up to a ten percent (10%) change in the minimum or
maximum numerical limitations on the mixture of uses as
specified in the table in Section 16.1(d) without an additional
public hearing. The Planning Commission and the Board of
County Commissioners shall use the criteria at Section 16.7 in
the analysis and determination of the final mix of uses.
As a result of the requested change, the Planning Commission
may establish other requirements deemed necessary to satisfy
the purpose of this Article. Cumulative "minor" change
requests may result in the determination by the Planning
Commission that there has been a major change to the
Concept Plan on file and require the developer to follow the
process established for major change in the Mixed Use
Development Plan.
2. Major changes to the approved Mixed Use Development Plan
(Preliminary or Final) as determined by the Planning
Commission shall also require a change to the Concept Plan
and therefore require a new public hearing.
i. The public hearing shall be conducted in accordance
with established rezoning practices and schedules in effect at
the time of the request. The concept plan that illustrates the
proposed change to the Mixed Use District shall include the
information, as applicable to the change, listed in 16.6(a). That
concept shall contain a clear delineation of the area of the
approved Mixed Use District that is the subject of the change
request indicating the approved land use and the requested
land use.
3. Such major changes shall be reviewed by the Planning
Commission for compatibility with this Article. The Planning
Commission shall conduct a public information meeting to
receive comments from interested parties to assist in the
evaluation of the proposed major change. Following the public
information meeting, the Planning Commission shall forward a
recommendation to the Board of County Commissioners. The
Commissioners shall hold a public hearing on the matter to
determine whether or not the change meets the intent and
requirements of this Article and establish findings of fact that
consider:
i. The purpose of the Mixed Use District;
ii. The applicable policies of the adopted
Comprehensive Plan;
iii. The compatibility of the proposed changes of the
Mixed Use District with neighboring properties;
iv. The effect of the proposed changes to the Mixed Use
District on community infrastructure; and
v. Consistency with the intent and purpose for the
establishment of the Mixed Use District which is to
permit flexibility and creativity in design, provide a
compatible and complementary mixture of uses,
4
promote efficient use of the land, provide a
harmonious variety of housing choices, community
services and amenities and the promotion of
adequate recreation, open space and scenic
attractiveness.
In no event shall a major change result in the removal of the Mixed Use
District. A denial of the requested major change shall then require adherence
to the previously approved Mixed Use Development Plan.
Section 16.9 Plan Review Following a Mixed Use District Concept Plan
Change
After the Planning Commission has made a determination that a proposed
change to an approved Mixed Use District is major or minor and a public
hearing process has been followed as described in Section 16.8 if the change
was determined to be major, the remaining steps in the multi -step review
process shall be as applicable and necessary according to Section 16.5
Review and Approval Process and Section 16.6 Content and Format of
Applications.
➢ Section 16.10 Additional Mixed Use District Guidelines is added and
shall read as follows:
Section 16.10 Additional Mixed Use District Guidelines
(a) The Planning Commission may grant modifications to minimum building
setbacks for projections into established yards as part of an approved
Mixed Use District for the following:
Bay windows, chimneys, entrances, vestibules, balconies, eaves, and
leaders extending into any required yard not more than four (4) feet
provided that such projections (excepting eaves) are not over ten (10)
feet in length.
2. Minor building infringements as a result of surveying or stake out
errors into any required yard not more than two (2) feet.
3. The setback modifications granted in 1. and 2. above shall be
processed as minor changes and shall apply to all units in the Mixed
Use District or a specified section of the Mixed Use District. They may
not be requested or approved for a singular property owner.
4. The Planning Commission may delegate this setback modification
authority to an appropriate designee for expedient plan review
purposes.
(2) ARTICLE 16A — "PUD" PLANNED UNIT DEVELOPMENT is added and shall read
as follows:
ARTICLE 16A — "PUD" PLANNED UNIT DEVELOPMENT
Section 16A.0 Purpose
The intent of this Article is to manage the implementation of regulations for existing
approved PUD Developments within the framework of the Urban Growth Area Rezoning of
2012. All PUD Floating Zones approved by the Board of County Commissioners prior to July
1, 2012 shall maintain their validity in accordance with this Article. This Zoning District is not
available for new application on any property within the jurisdiction of Washington County.
Section 16A.1 Principal Permitted Uses
The following uses are permitted in a PUD District subject to the limitations approved
by the Board of County Commissioners as part of the rezoning application process or
approved revisions subsequent to the initial rezoning application approval.
(a) All residential uses permitted in the RT, RS, RU, and RM Districts;
(b) Commercial uses permitted in the BL District;
(c) Civic, cultural, and educational uses;
(d) Places of Worship;
(e) Public Utilities;
(f) Underground bulk storage of propane that is distributed through a system of
underground infrastructure for use by individual residential properties in the
PUD.
Section 16A.2 Special Exception Uses
There are no special exception uses in the PUD District that may be granted by the
Board of Zoning Appeals. The PUD itself is analogous to a special exception and was
formerly applied to properties through an established review process by the Board of County
Commissioners.
Section 16A.3 Accessory Uses
Uses and structures customarily accessory and incidental to any principal permitted
use.
Section 16A.4 Design Standards
These standards are intended to ensure that the PUD is compatible with neighboring
properties and that it provides a quality living environment for its residents. The standards
established for any PUD are considered prima facie to be acceptable to the developer and
may not be the subject of appeal for a variance to the Board of Zoning Appeals.
(a) Density: The maximum gross density for a PUD is 12 DU/A. In determining
the specific density for a particular PUD or for any particular phase of a PUD,
the Planning Commission shall give consideration to and shall make findings
of fact concerning, at a minimum, the impact of the proposed development
on adjacent properties, the availability of public facilities, the impact of the
proposed development on public roadways, the impact on public schools, fire
and police protection, and the availability of adequate open space.
(b) Tract Size: There shall be no minimum tract size for a PUD. However, the
tract size and shape shall be appropriate for the development proposed as
determined by the Planning Commission.
(c) Open Space: Common open space shall comprise not less than 25 percent of
the gross area. The 15% minimum forest cover required by the Forest
Conservation Ordinance shall be a part of the minimum 25% open space.
(d) Landscaping: All Development Plans shall contain a detailed schedule for
landscaping. Trees, shrubs and other ground cover is expected to be so
designed as to provide maximum enhancement of the overall layout.
Landscaping shall be considered a necessary integral part of the PUD rather
than an optional amenity.
(e) Buffer Requirements: Buffer requirements are intended to protect existing or
future development adjacent to a proposed PUD from potentially adverse
effects.
1. Non-residential uses in the PUD shall have a 50 -foot buffer yard along
the common boundary with any adjacent lot either within or outside of
the PUD that is zoned for or is occupied by a residence.
2. Any multi -family residential use shall be provided by a 50 -foot buffer
yard along its common boundary with any lot zoned for or occupied by
a single-family dwelling.
3. No structure, materials storage, or vehicular parking may be permitted
in the buffer yard.
4. Buffer yards shall include adequate screening as deemed necessary
by the Planning Commission.
7
(f) Walkways
1. Walkways shall connect residential uses with off-street parking areas,
transit and school bus waiting areas, and recreational facilities and
commercial facilities on the site. Walkways shall also connect the
development with any contiguous school or park.
2. When a proposed multi -family residential development is located
adjacent to an existing public transit route or where students require
school bus transportation, a bus waiting area consisting of an
impervious surface shall be provided at such location as determined
by the Planning Commission and the applicable transportation or
education agencies.
(g) Building Spacing and Height Requirements: Building spacing and height
requirements shall be the same as those for the different types of
development provided for in the districts where PUDs are permitted.
In review of a Planned Unit Development, the Planning Commission may
waive or modify the area, yard, height and other design requirements for the
different types of development only if such modification will increase the
amenities of the development.
(h) Non -Residential Development
1. In general, non-residential development proposed as part of a PUD
shall be integral to the overall development and shall relate well to
residential areas in terms of pedestrian and vehicular circulation.
Buffer requirements between non-residential and residential uses
within a PUD shall be as provided in this Article.
2. Commercial uses listed in the Business, Local District are permitted.
The gross area for commercial uses shall not exceed 10 percent of the
gross tract area. Commercial use shall not be built or established prior
to the residential development except that they may be built in phases
consistent with phasing of the residential construction within the 10
percent limitation.
3. Commercial uses shall primarily be designed and intended as a
service to the residents of the PUD; however, it is recognized by this
Ordinance that strict limitation of the commercial development to the
PUD may not be practical. For that reason, the Planning Commission
shall consider the policies of the Comprehensive Plan relating to the
establishment of commercial development in reviewing a proposal for
the commercial portion of the PUD.
3
4. The Planning Commission may approve innovative and well -designed
proposals for the sharing of buildings or parking areas by compatible
residential and non-residential uses whenever it can be demonstrated
to the satisfaction of the Planning Commission that such sharing is a
logical and efficient use of buildings and land, and that the peak
operating hours for the respective uses will not be in conflict.
(i) Traffic Circulation and Parking
1. Existing and planned streets and highways shall be of sufficient
capacity to serve existing traffic and all new traffic when fully
developed.
2. The capacity of existing streets and highways serving a PUD shall be
considered by the Planning Commission in determining density.
Density resulting in traffic capacity being exceeded on streets and
highways shall not be permitted.
(j) Phasing: In order to ensure that the PUD develops uniformly, each phase
shall independently conform to the density established by the Planning
Commission for the PUD tract.
Section 16A.5 Changes to an Approved PUD
PUD Floating Zones approved by the Board of County Commissioners prior to July 1, 2012
and shown on the official zoning map shall maintain their validity in accordance with this
Article. Subsequent plan reviews and approvals, re -approvals or changes to concept plans,
development plans, subdivision plats, and site plans shall comply with the requirements of
this Article.
It is the intent of this Article that the original establishment of the PUD not be a speculative
device. However, it is also the intent that an approved PUD may need to change in response
to changing community needs and conditions, and that change must follow an appropriate
public review process similar to that which occurred prior to the PUD approval and as set
forth herein.
Recognizing that flexibility in the site design is inherent in the PUD process and that the long
term development of such a project may prompt the need for changes in the approved
Development Plan for the property, the following procedures are established to
accommodate a requested change.
(a) Upon a request from a developer for a change to the approved PUD Development
Plan the Planning Commission shall determine if the requested change is a major
or minor change to the Concept Plan reviewed by the Board of County
Commissioners as part of the establishment of the PUD District or as part of
subsequent changes to the PUD Concept Plan. The establishment and
subsequent approved changes to the PUD District by the Board of County
Commissioners is considered a tentative approval of density and design features
as shown on the Concept Plan. The Planning Commission shall make the
• determination that a change is major or minor through evaluation of whether or
not the change is in accordance with the latest Concept Plan on file as reviewed
by the Board of County Commissioners.
Minor changes to the approved PUD Development Plan (Preliminary or
Final) may be approved by the Planning Commission without the need for
an additional public hearing. As a result of the requested change the
Planning Commission may establish other requirements deemed
necessary to satisfy the purpose of this Article. Cumulative "minor"
change requests may result in the determination by the Planning
Commission that there has been a major change to the Concept Plan on
file and require the developer to follow the process established for major
changes in a PUD Development Plan.
2. Major changes to the approved PUD Development Plan (Preliminary or
Final) as determined by the Planning Commission shall also require a
change to the Concept Plan and therefore require a new public hearing.
i. The public hearing shall be conducted in accordance with established
rezoning practices and schedules in effect at the time of the request.
The concept plan that illustrates the proposed change to the PUD shall
include the information, as applicable to the change, listed below.
1. A clear delineation of the area of the approved PUD that is the
subject of the change request, indicating the approved land use
and the requested land use.
2. All existing development in the PUD.
3. A vicinity map at 1"=2,000 ft. showing the location of the proposed
PUD in relation to its surroundings and to the applicable Urban or
Town Growth Area as designated in the County Comprehensive
Plan.
4. The boundary, acreage and current zoning of the tract.
5. Minimum topographic information sufficient to determine surface
drainage patterns and principal drainage areas.
6. Adjacent land uses and zoning and the location of adjacent
dwellings within 100 ft. of the common property line.
7. Buffer yards required by Section 16A.4(e) and the general location
of fencing or screen planting as required by Section 16A.4(e)4.
8. The location of areas within the tract proposed for single-family,
two-family, and multi -family residential uses; commercial and other
non-residential uses, tabulation for each area of the number of
dwelling units, the maximum building heights, the gross acreage,
the gross residential density, and the gross area devoted to
commercial uses; and a summary of the total dwelling units and
the gross residential density for the tract.
9. General alignment of principal streets and highways within the
development, including major points of access; their relationship to
proposed streets within adjacent approved subdivisions and to
• proposed highways in the Washington County Highway Plan; and
the estimated average daily traffic volumes and the traffic
10
circulation patterns from the development onto existing and
proposed public streets and highways that may change as a result
of the requested land use changes.
10. The estimated average daily water consumption and sewage flow.
11. The applicant shall submit twelve (12) copies of the Concept Plan
and accompanying data to the Planning Commission unless an
alternative number of copies is specified by the Planning
Commission.
3. Such major changes shall be reviewed by the Planning Commission for
compatibility with this Article. The Planning Commission shall conduct a
public information meeting to receive comments from interested parties to
assist in the evaluation of the proposed major change. Following the
public information meeting the Planning Commission shall forward a
recommendation to the Board of County Commissioners. The
Commissioners shall hold a public hearing on the matter to determine
whether or not the change meets the intent and requirements of this
Article and establish findings of fact that consider:
i. The purpose of the PUD District;
ii. The applicable policies of the adopted Comprehensive Plan;
iii. The compatibility of the proposed changes of the PUD District
with neighboring properties;
iv. The effect of the proposed changes to the PUD District on
community infrastructure; and
v. Consistency with the intent and purpose for the establishment
of the PUD which is to permit flexibility and creativity in the
design of residential areas, promote economical and efficient
use of the land, provide for a harmonious variety of housing
choices, a varied level of community amenities and the
promotion of adequate recreation, open space and scenic
attractiveness.
In no event shall a major change result in the removal of a PUD zone. A
denial of the requested major change shall require adherence to the
previously approved Development Plan.
Section 16A.6 Plan Review Following a PUD Concept Plan Change
After the Planning Commission has made a determination that a proposed change to an
approved PUD is major or minor and a public hearing process has been followed as
described in 16A.5 if the change was determined to be major, the remaining steps in the
multi -step plan review process are as follows: Preliminary Development Plan review and
approval, Final Development Plan review and approval, Site Plan and/or subdivision review
and approval as it may be applicable to the proposed type of development. The application
format and information requirements for each plan are described below. The review and
approval of the Preliminary or Final Development Plans may be combined when appropriate
for smaller developments. Submission and approval time frames are provided in paragraph
(g) below.
11
(a) Preliminary Development Plan: The Preliminary Development Plan shall
include the same minimum information as the Concept Plat listed in Section
16A.5(a)2, plus:
1. Existing topography at contour intervals of not more than five (5) feet
where the slope is ten percent (10%) or greater and not more than two
(2) feet where the slope is less than ten percent (10%), and the source
of contour information.
2. Forest Conservation Plan.
3. The surface conditions of the tract, including water courses, marshes,
rock outcrops, woodlands, limits of the 100 -Year Flood Plain and other
significant features. Existing vegetation and landscape features to be
preserved shall be identified as well as new landscaping in accordance
with Section 4.16.
4. The location of all individual lots and structures and the maximum
heights of the structures.
5. The location, boundary and area of common open space to serve
multi -family residential units; the designated area of useable open
space in accordance with the standards of Section 16A.4(c); the
means of access to useable open space from the dwelling units; and
the arrangement of play lots.
6. The location of all off-street parking, loading zones, and private access
roads.
7. The location of pedestrian walkways and bus waiting areas.
8. The location of major water and sewerage facilities such as pumping
stations, storage tanks, water transmission mains, and sewage
interceptors.
9. Drainage patterns and stormwater management areas.
10. Easements and rights -of -way, existing and proposed.
11. The phasing schedule. The time schedule for each phase shall be
shown on the Preliminary Development Plan.
12. Where the intent of the developer is to subdivide, the Preliminary
Development Plan shall include the requirements for a Preliminary Plat
as specified by the Subdivision Ordinance.
13. The applicant shall submit twelve (12) copies of the Preliminary
Development Plan and accompanying data to the Planning
Commission unless an alternate number of copies are specified by the
Planning Commission.
(b) Final Development Plan: The Final Development Plan shall serve as the
master plan for all subsequent site plans and subdivision plats and is the
official record of agreement between the developer and Planning Commission
for development of the tract.
The Final Development Plan shall include:
1. Information required for the Preliminary Development Plan.
2. An approved Forest Conservation Plan.
3. Specific terms and conditions agreed to by the developer and the
Planning Commission, or references to such terms and conditions
12
when more appropriately submitted as part of accompanying
documentation. Such terms and conditions may include:
i. Provisions for the ownership and perpetual maintenance of
common open space, recreation facilities, private roadways
and parking areas.
ii. Agreements for responsibilities between County and developer
for providing on -site and off -site improvements.
4. Certificate of approval signed by the Planning Commission Chairman.
5. Certificate of willingness to abide by terms and conditions of the Final
Development Plan signed by the developer.
6. The applicant shall submit six (6) copies of the signed Final
Development Plan and accompanying data to the Planning
Commission, unless an alternative number of copies are specified by
the Planning Commission.
(c) Site Plans shall comply with the requirements of Section 4.11 of this
ordinance.
(d) Subdivisions shall comply with the requirements of the current Washington
County Subdivision Ordinance.
(e) Submission and Approval Time Frames
Preliminary Development Plan Review and Approval: The applicant
shall submit the Preliminary Development Plan within six (6) months of
the decision by the Board of County Commissioners to approve the
major change to the Concept Plan. Requests for extension may be
granted by the Planning Commission for good cause. The Planning
Commission shall approve or disapprove the Plan within sixty (60)
days except that extensions as requested by the applicant may be
granted by the Planning Commission for good cause.
2. Final Development Plan Review and Approval: Following approval of
the Preliminary Development Plan, the applicant shall submit the Final
Development Plan within six (6) months for Planning Commission
review. Requests for extension may be granted by the Planning
Commission for good cause. The Final Development Plan shall be
approved or disapproved by the Planning Commission within thirty (30)
days except that extensions as requested by the applicant may be
granted by the Planning Commission.
3. Site Plan and/or Subdivision Review and Approval: Following approval
of the Final Development Plan, the applicant shall submit a Site Plan
or Subdivision within six (6) months for the entire PUD or for any
phase for Planning Commission review and construction shall begin
within one (1) year of Site Plan or Subdivision Approval. Requests for
extension may be granted by the Planning Commission for good
cause.
13
(f) The Planning Commission may grant modifications to minimum building
setbacks for projections into established yards as part of an approved PUD for
the following:
1. Bay windows, chimneys, entrances, vestibules, balconies, eaves, and
leaders extending into any required yard not more than four (4) feet
provided that such projections (excepting eaves) are not over ten (10) feet
in length.
2. Minor building infringements as a result of surveying or stake out errors
into any required yard not more than two (2) feet.
3. The setback modifications granted in 1 and 2 above shall be processed as
minor changes and shall apply to all units in the PUD or a section of the
PUD. They may not be requested or approved for a singular property
owner.
4. The Planning Commission may delegate this setback modification
authority to an appropriate designee for expedient plan review purposes.
Adopted this -'—day of h�rAj.j-
a— , 2015.
Effective the ,j$_ day of : u-54- , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
Vicki C. Lumm, Clerk Terry L. Baket, President
Approved as to legal
sufficiency:
kL
Kirk C. Downey
Deputy County Attorney
Mail to:
Office of the County Attorney
100 W. Washington St., Rm. 202
Hagerstown, MD 21740
I:\docmnents\zoning\zoning text amend, rz-15-003 (new pod article)\ord\ordinance adopting text amcndment.docx
14
ARTICLE 16 "MX" MIXED USE DISTRICT101
MXR - MIXED USE RESIDENTIAL DISTRICT
MXC - MIXED USE RESIDENTIAL AND COMMERCIAL DISTRICT
MXE - MIXED USE RESIDENTIAL, COMMERCIAL AND EMPLOYMENT
DISTRICT
Section 16.0 Purpose
Washington County offers a variety of Mixed Use Districts to permit a greater
degree of flexibility and creativity in the design and development of residential,
commercial, and employment -focused areas than is possible under conventional zoning
standards. The purpose is to provide a compatible and complementary mixture of uses
that will create a desirable living and working environment, promote an efficient use of
the land, provide for a harmonious variety of housing choices, a more varied level of
community services. and amenities, and the promotion of adequate open space and
scenic attractiveness.
The MXR, MXC, ,and MXE Districts are floating: zones that may be established in
the Districts as specified in Section 16.4., The change or mistake rule does not apply in
the process to obtain a Mixed Use District, but the Planning Commission and the Board
of County Commissioners, in the deliberation of an application for a MXR, MXC, or MXE
District, shall establish findings of fact that consider, at a minimum, the purpose of the
Mixed Use District, the applicable policies of the adopted Comprehensive Plan for the
County, the compatiibility..of the proposed Mixed Use District,with neighboring properties,
and the effect of the Mixed Use District on community infrastructure.
Mixed Use Districts should be served by public. water and sewer facilities that
have been approved by the Washington County Health Department..
(a) The MXR or Mixed Use Residential District is designed to permit a mixture
of residential uses only, according to a pre -approved master plan. It allows a
mixture of residential uses not normally permitted in the underlying
Euclidean zone.
(b) The MXC or Mixed Use Commercial District is designed to permit a mixture
of• residential uses .and limited commercial development to provide goods
and . services necessary to the neighborhood, all according to a pre -
approved master plan.
(c) The MXE or Mixed Use Employment District is designed to permit a mixture
of residential uses, commercial development to provide goods and services
necessary to the neighborhood, and land uses that can provide employment
opportunities nearby and remain compatible in proximity to residences, all
according to a pre -approved master plan.
101 Revision 17, Article 16 PUD deleted, replaced with MX, 4/17112, elf. 7/1/12 (RZ-10-005/ORD-2012-07)
135
Section 16.1 Principal Permitted Uses
Uses are permitted in the Mixed Use Districts as specified below:
(a) In the MXR District, the following uses are permitted subject to the
limitations contained in Section 16.1(d).
1. All residential uses permitted in the RR, RT, RS, RU, and RM Districts.
2. Civic, cultural, and educational uses.
3. Places of worship, schools, and colleges.
4. Public utilities.
5. Underground bulk storage of propane for use by individual residential
properties in the subdivision and distributed through a system of
underground infrastructure.
(b) In the MXC District; the following uses are permitted subject to the
limitations contained in Section 16.1(d).
1. All principal permitted uses allowed in the `RR, RT, RS, RU, and RM
Districts, except any animal husbandry structure or facility.
2. All principal permitted uses allowed in the BL District, except any animal
husbandry structure or facility.
(c) In the MXE District the following uses are permitted subject to the limitations
contained in Section 16.1(d).
1. All principal permitted uses allowed in the RR, RT, RS, RU, and RM
Districts, except any animal husbandry structure or facility.
2. All principal permitted uses allowed in the BL District, except any animal
husbandry structure or facility.
3. All principal permitted uses allowed in the IR, PI, and ORT Districts,
except truck terminals, carpet and rug cleaning plants, petroleum
products storage tanks, any animal husbandry structure or facility, and
heliports.
4. Helipads.
136
(d) Minimum or maximum limitations for permitted uses and densities in the
three (3) Mixed Use Districts are specified in the table below. The Planning
Commission may modify these limitations by ten percent (10%) without
additional public hearings:
Minimum
Residential
Commercial
Employment
O
Open
p
Max Dwelling
District
Area
Uses
Uses
Uses
Space
Unit Per Acre
DU/A )
No
Minimum of 2
Not
Not
Minimum
12 DU/A
MXR
minimum
types of
Permitted
Permitted
5% not
area
residential
including
(24 DU/A
units***
forest
permitted in
consery
high rise
Minimum 15%
area
buildings -more
of DU must be
than 3 floors
multi -family or
and no more
25 units,
than 6 floors)
whichever is
Jess
No
Same as MXR
Maximum
Not
Same as
12 DU/A
•MXC
minimum
10% **
Permitted
MXR
area
or
(24 DU/A
or
permitted in
Maximum of
Maximum
high rise
70% when
of 70%
buildings -more
applied to RT,
when
than 3 floors
RS, RU, orRM
applied to
and no more
Districts
HC District
than 6 floors)
No
Minimum 15%
Maximum
Maximum
Minimum
12 DU/A
MXE
minimum
land use must
30%
60%
20%
area
be residential
(24 DU/A
or
or '"
permitted in
Minimum 15%
high rise
of DU must be
Maximum
Maximum of
buildings -more
multi -family or
of 70%
70% when
than 3 floors
25 units, ,
when
applied to
and no more
whichever is
applied to .
IR, PI, or
than 6 floors)
less
HC District
ORT
Districts
-- it iris aetermmea oy the Planning Commission that the size of the tract severely limits the feasibility of
commercial development, the Planning Commission may allow an increase in the percentage of commercial
development in the MXC District.
*** Select from single-family, two-family, semi-detached, multi -family, town houses.
137
Section 16.2 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
There are no special exception uses in the Mixed Use Districts that may be
granted by the Board of Appeals. The Mixed Use Districts are analogous to a special
exception and are granted through the review process described in this Article.
Section 16.3 Accessory Uses
Uses and structures customarily accessory and incidental to any principal
permitted use.
Section 16.4 General Requirements
(a) Ownership: Applications for concept plan, review and zoning approval
may include one (1) or several parcels of land. These applications must
include the signatures of all parcel owners, affidavits delegating application
authority to others, or evidence of substantial contractual interest in all
parcels by the applicant. Multiple parcels must be contiguous. Multiple
parcels separated by public or private rights of way may considered
contiguous if appropriate linkages to meet the intent of a cohesive
neighborhood can be provided:
In the case of multiple parcels, if one (1), or more parcel owners should
withdraw from the application prior to zoning approval and the area
withdrawn constitutes more than, five percent (5%) of the gross land area
covered by the application, a new application shall be submitted. The tract
of land to be approved for development, with the Mixed Use District must
be in single ownership with proof of that ownership submitted to the
Planning Commission prior to approval of the Final Development Plan.
(b) Location: All Mixed Use Districts shall be located within the Urban Growth
Area or the Town Growth Areas. All three Mixed Use Districts are
permitted to be located in the RR, RT, RS, RU, and RM Districts. The MXC
and MXE Districts may also be located in the HC, IR, PI, and ORT
Districts. The specific site shall be located adjacent to adequate roadway
facilities capable of serving existing traffic and the future traffic generated
by the uses in the Mixed Use District or are able to be improved by the
applicant to adequately serve the existing and proposed traffic.
(c) Utilities: All Mixed Use Districts shall be served with public water and
public sewer facilities approved by the Washington County Health
Department.
138
(d) All development in Mixed Use Districts shall comply with the requirements
of the Washington County Adequate Public Facilities Ordinance before the
site plan or final subdivision approval, whichever is first applicable.
(e) Former PUD Zone: PUD Floating Zones approved by the Board of
County Commissioners under the former PUD Article of this Ordinance
shall maintain their validity after adoption of the Mixed Use District.
Subsequent plan reviews and approvals of development plans,
subdivisions, and site plans shall comply with the requirements of Article
16 as they were at the time of the PUD zoning approval.
The Planning Commission shall mediate any dispute regarding the
applicability of former PUD and current Mixed Use District design
requirements in the ongoing plan review of PUD's approved prior to
adoption of the Mixed Use District. A Planning Commission decision is
appealable to the Board of Appeals in the same manner as any other
Planning Commission decision. Minor changes to the approved PUD
Development Plan may be approved by the Planning Commission. Where
there is a question about the degree of change being major or minor, the
Planning Commission shall make that determination.
Section 16.5 Review and Approval Process
Flexibility in site design is inherent in the process to obtain a Mixed Use District.
The Planning Commission may modify specific requirements: and may establish other
requirements deemed necessary to satisfy the purpose of this Article.
The review and approval, of Mixed Use District is a multi -step process. Those
steps are: Concept Plan Review, Zoning Approval, Preliminary Development Plan
Review and Approval, and Final Development Plan Review and Approval. Following
zoning approval, the review and.approval of the development plans may be combined.
The Concept Plan, the Preliminary Development Plan, and the Final
Development Plan shall be prepared by a licensed architect, a professional engineer, or
a licensed surveyor. All plans shall also meet the applicable requirements of the Forest
Conservation Ordinance.
(a) Design and Development Schedule: It is the intent of this Ordinance
that the Mixed Use Districts not be a speculative device. The Concept
Plan as submitted by the applicant shall reflect the actual development to
be designed and constructed within a reasonable time frame.
(b) Each phase of the design and development review process must occur
within specified periods. If the applicant fails to submit his/her plans, or if
construction does not commence, as specified by this Ordinance, the
zoning of the site shall automatically revert to its previous classification.
The automatic reversion date shall be specified in the Notice of Approval
to the applicant of the mixed use zoning and in each subsequent review
phase approval and shall appear on the approved Final Development
Plan.
139
If the applicantabandons the plans for the Mixed Use District at any time
prior to the start of construction, before the automatic reversion date, and
desires to proceed with development permitted under the previous
zoning, he may do so by submitting notification to the Planning
Commission. Such notification shall constitute official withdrawal of the
applicant's plans for the Mixed Use District and the property shall revert to
the previous zoning classification without the, necessity of the rezoning
process.
The Planning Commission shall provide a formal acknowledgement of
withdrawal of a proposed Mixed Use District application and a formal
notice of the expiration of a deadline with notice of the return to the
previous zoning classification, to which future development must adhere.
1. Concept Plan Review: The purpose of the Concept Plan Review is
to provide an exchange of information between the developer and
the Planning Commission prior to a'formal application for a Mixed
Use District. The intent is that the developer provide the
Commission with general information for the layout, density, specific
uses, and the like. The Commission, in turn, will provide the
developer with a corresponding response. "
The applicant may not proceed' o' the next step in the review
process, which is submitthl of an'application for and'approval of the
mixed use zoning, until"the Planning Commission has completed at
least one review of the Concept Plan and heard a summary of staff
and review agency comments during a regularly scheduled
Planning Commission meeting:'
2. Zoning Approval: If the applicant decides to proceed,'' aformal
application for a Mixed Use District shall be filed following the
Concept Plan review. The application shall' be accompanied by the
Concept Plan, revised to address any ,Planning Commission and
other review agency comments' and concerns. The application. shall
include a clear indication of the residential density reduested in the
Mixed Use District and any. needed modifications to lot area,
setbacks, or buffers.
The Board of County Commissioners and the Planning Commission
shall hold public hearings, jointly or separately. Within sixty (60)
days after the public hearing before the Board of County
Commissioners and receipt of the'' Planning Commission's
recommendation, the Board of County Commissioners shall render
a decision on the 'mixed use zoning' application. Zoning approval
constitutes tentative approval'of density and design features as
shown on the Concept Plan. The Planning Commission may
approve minor design changes of up to a ten percent (10%) change
in the minimum or maximum numerical limitations on the mixture of
140
uses as specified in the table in Section 16.1(d) without an
additional public hearing. The Planning Commission and the Board
of County Commissioners shall use the criteria at Section 16.7 in
the analysis and determination of the final mix of uses.
3. Preliminary Development Plan Review and Approval: The
applicant shall submit the Preliminary Development Plan within sixty
(60) days of the zoning approval. Requests for extension may be
granted by the Planning Commission for good cause. The Planning
Commission shall approve or disapprove the Plan within six (6)
months of a complete submission, except that extensions as
requested by the applicant may be granted by the Commission for
good cause. The Preliminary Development Plan submittal, review
and approval may be combined with the Final Development Plan.
4. Final Development Plan Review and Approval: Following
approval of the Preliminary Development Plan, the applicant shall
submit the Final Development Plan within sixty (60) days for
Planning Commission review and approval. Requests for extension
may be granted by the Planning Commission for good cause. The
Final Development' Plan shall be approved or disapproved by the
Commission within six ,(6),months of a complete submission except
that extensions as requested by theapplicant may be granted by
the Commission.
When Preliminary and, Final Development Plans are combined, the
Planning Commissionshal, apprpye or disapprove the Plan within
six (6) months of a complete submission, except that extensions
requested by the applicant' may be granted by the Planning
Commission. When Preliminary and Final Development Plans are
combined, the Planning Commission, may give preliminary and final
approvals separately. Subsequent site plans or subdivision
applications may not be submitted prior to Final Development Plan
approval.
Final Development Plan, approval shall be indicated by the Planning
Commission Chairman's signature on the Final Development Plan.
5. Site Plan Review and Approval: Following approval of the Final
Development Plan, the applicant shall submit a Site Plan within sixty
(60)days for the entire mixed use development or for any phase for
Planning Commission review and approval. Construction shall begin
within one (1) year of Site Plan approval. Requests for extension
may be granted by the Planning Commission for good cause.
141
Section 16.6 Content and Format of Applications
(a) Concept Plan: The Concept Plan shall include:
A vicinity map drawn at a scale of 1''=2,000 ft. showing the location
of the proposed Mixed Use District in relation to its surroundings
and to the applicable growth area of the Comprehensive Plan.
1.1 An approved Forest Stand Delineation and a preliminary
Forest Conservation Plan.
The boundary, acreage, and current zoning of the tract.
3. Minimum topographic information sufficient to determine surface
drainage patterns and principal drainage areas.
4. Adjacent land uses, zoning, and the location of adjacent dwellings
within 100 ft of the common property line.
5. Buffer yards required by Section 16.7(f) and the general location of
fencing or screen planting as required by Section.16.7(f)5.
6. The location of areas within the tract proposed for the various uses
that may be permitted such as single-family, two-family, and multi-
family residential uses; commercial .uses, industrial or employment
uses, open space, and recreation areas. Also, a tabulation for each
area of the number of dwelling units, the maximum building heights,
the gross acreage, the gross residential density, and the gross area
and maximum building, square footage devoted to commercial and
employment' uses, and a summary of the total dwelling units and the
grossresidential density for the entire tract, all in accordance with
the guidelines contained in Sections 16.1(d) and 16.7.
7. General alignment •of principal streets and highways within the
development, including major points of access; their relationship to
proposed streets within adjacent approved subdivisions and to
proposed highways.' in the Washington County Highway Plan; and
the estimated average daily traffic volumes and the traffic circulation
patterns from the development onto existing and proposed public
streets and highways.
142
In addition to a graphic display of the proposed street and highway
network for the new development and the connections to the
existing surrounding road network, the Concept Plan shall be
accompanied by data that includes current traffic counts for existing
roads within a one (1) mile radius of the site, a preliminary
projection of the additional traffic (amount and type) to be generated
by the proposed development, peak hour projections, and the
distribution and direction of travel of the projected vehicles. The
data shall also include a pt liminary analysis of the effects of the
projected traffic on the road network within a one (1) mile radius of
the site, identification of roads that may be negatively affected by
the additional traffic, and a preliminary proposal for road
improvements to mitigate the expected negative effects with an
acknowledgement that the developer may be financially responsible
for the improvements.
8. The estimated average daily water consumption and sewage flow.
9. The location of any historic resources identified in the Washington
County or Maryland Historic Sites Inventory.
10. Any pre-existing easements or rights -of -way of any kind.
11. Indicate the method proposed to insure maintenance or common
areas such as aIhomeowners' association.
12. Proposed school site dedication according to the requirements of
Section 16:7(k) below.
13. The applicant shall submit copies of the Concept Plan and
accompanying data to .the Planning Commission according to policy
in effect at the time of submittal.
(b) Preliminary Development Plan: The Preliminary Development Plan
shall include the same minimum information as the Concept Plan, plus:
1 Existing; topography at contour intervals of not more than five (5)
feet where the slope is ten percent (10%) or greater and not more
than two (2) feet where the slope is less than ten percent (10%),
and the source of contour information.
1.1 A Forest Conservation Plan.
2. The surface conditions of the tract, including water courses,
marshes, rock outcrops, woodlands, limits of the 100 -Year Flood
Plain and other . significant features. Existing vegetation and
landscape features to be preserved shall be identified as well as
new landscaping in accordance with Section 4.16.
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3. The location of all individual lots and structures and the maximum
heights of the structures.
4. The location, boundary, and area of common open space to serve
multi -family residential ,units; the designated area of useable open
space in accordance with the standards of Section16.7(d); the
means of access to useable open. space from the dwelling units;
and the arrangement of play lots.
5. The location of all off-street parking, loading zones, and private
access roads.
6: The location of.,pedestrian walkways and bus waiting areas in
compliance with the applicable guidelines contained in Section
16.7(g)•
7. The location of major water and sewerage facilities such as
pumping stations, storage tanks, water transmission mains, and
sewage interceptors.
8. Drainage patterns and stormwater management areas
9. Easements and rights -of -way, existing, and proposed.
10. The phasing schedule. The time schedule for each phase shall be
shown on the Preliminary Development Plan.
11. ''Adjustments' to the preliminary traffic ,data submitted with the
Concept Plan to reflect changes in design, changes in conditions,
the greater detail shown on the Preliminary Development Plan and
the on- and off -site road network improvements that are proposed to
resolve inadequacy.
12. A preliminary or draft version. of Homeowners' Association
documehts.
13. Where the intent of the developer is to subdivide, the Preliminary
Developmenf Plan shall include the requirements for a Preliminary
Plat.
14. The applicant shall submit twelve (12) copies of the Preliminary
Development Plan and accompanying data to the Planning
Commission unless an alternative number of copies is specified by
the Commission.
(c) Final'Development Plan: The Final Development Plan shall serve as the
master plan for all subsequent site plans and subdivision plats and is the
official record of agreement between the developer and Planning
Commission for development of the tract.
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The Final Development Plan shall include:
1
2.
Information required for the Preliminary Development Plan.
The final design of the mixed use development including road
alignments and lot layouts, the arrangement of uses on the site, and
the final use mixture percentages. Also to. be included are all
numerical standards agreed upon between the developer and the
Planning Commission during the various design and approval
phases such as setbacks, densities, buffers, and building heights.
The Plan shall include all off -site improvements that are to be
constructed by the developer I as• a condition of the Final
Development Plan approval.
3. An approved Forest Conservation Plan..
4. A' complete traffic study according to the criteria and conditions
specified by the Department of Public Works and based on the final
mixed use development design and future traffic projections.
5. Specific terms and conditions agreed to by the developer and the
'Planning Commission, or references to such terms and conditions
when more appropriately submitted as part of accompanying
documentation. Such terms and conditions may include:
i. The complete and final documents that include the provisions
for the. ownership and perpetual maintenance of common
open space, recreation facilities, private roadways, and
parking areas, such as a homeowners' association.
ii. Agreements for responsibilities between the County and
developer for providing on -site and off -site improvements.
6. Certificate , of, approval signed by the Planning Commission
Chairman.
7. Certificate of willingness to abide by terms and conditions of the
Final Development Plan signed by the developer.
8. The applicant shall submit six (6) copies of the signed Final
Development Plan and accompanying data to the Planning
Commission, unless an alternative number of copies is specified by
the Commission.
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n
Section 16.7 Design Standards
These standards are intended to ensure that the Mixed Use Districts are
compatible with neighboring properties and that they provide quality living environments
for its residents. The standards established for any Mixed Use District are considered
prima facie to be acceptable to the developer and may not be the subject of an appeal
fora variance to the Board of Appeals.
(a) Density: The maximum gross residential density for any Mixed Use
District is twelve (12) dwelling units per, acre (DU/A). Gross density shall
be calculated by dividing the total number of proposed dwelling units by
the. gross acreage of the site. In determining .the specific density for a
particular Mixed Use District or for any particular phase, the Planning
Commission shall give consideration to and shall make findings of fact
concerning, at a minimum, the impact of the proposed development on
adjacent properties, the availability, of public facilities, the impact of the
proposed development on public roadways, the impact on public schools,
fire and police protection, the availability of adequate open space, and the
use mix guidelines contained at Section 16.7(c).
(b) Tract Size: There 'shall be no minimum tract size for a Mixed Use District.
However, the tract size and shape shall be appropriate for the
development proposed as determined by the Planning Commission.
(c) Use Mix Determination
When analyzing the proposal for, a Mixed Use District, the Planning
Commission and the Board of County Commissioners shall, at a
minimum, consider the following criteria:
The relationship of the site "to goals and objectives of the
Comprehensive Plan and the Land Use Plan Map.
U. The area of land under consideration.
iii. The availability and capacities of existing. and planned public utilities
and the input from controlling jurisdictions.
iv. The proximity, current condition, planned improvements, and access
proposals to the transportation system.
v. Physical characteristics and environmental constraints of the site.
vi. Currently available open space and recreation areas and the open
space proposed in the development and on adjacent lands and
development.
vii. Compatibility of proposed uses with adjacent surrounding uses.
i'.
viii. Unique needs of the proposed development for public services or
facilities due to targeted populations.
(d) Open Space: Common open space shall be provided in the amount
specified in the chart at Section 16.1(d) according to the type of Mixed
Use District, proposed. The fifteen percent (15%) minimum forest cover
required by the Forest Conservation Ordinance may be a part of the
minimum twenty-five percent (25%) open space requirement except when
noted otherwise.
(e) Landscaping: All. Development Plans shall contain a detailed
landscaping, plan according to the guidelines contained in Article 22,
Division Xl. Trees, shrubs, and other ground cover is expected to be so
' designed as to provide maximum , enhancement of the overall layout.
Landscaping shall be considered a necessary, integral part of the mixed
use development rather than an optional amenity. .
(f) Buffer Requirements: Uses within a Mixed Use District should be
arranged and designed for compatibility., and coexistence and integrated
into surrounding development so that buffering, is minimally necessary.
After efforts to attain.compatibility through design and arrangement are
made, buffering may still be necessary. At the developer's discretion, or
as required by the Planning .Commission,, buffers' shall be provided
according to the following guidelines.,.
1. Mixed use developments located adjacent to interstate highways
or other heavily traveled, or excessively noisy roads shall make
every ..effort to avoid, , locating the . residential areas of the
development adjacent to the highway..
Developers should employ all means necessary to reduce
negative effects from highway noise and visibility on residential
development, such as building placement, arrangement and
design, landscaping and forest conservation. retention or planting,
or berms and building construction methods that reduce noise.
Sound attenuation walls are not a preferred method of noise
abatement.
2. Non-residential uses in the mixed use development shall provide a
fifty. (50) foot buffer yard along the common boundary with any
adjacent lot either within or outside of the mixed use development
that is zoned for or is occupied by a residence. The Planning
Commission may reduce or waive ,this buffer requirement for
residential parcels within the mixed use development.
3. Any multi -family residential use shall provide a fifty (50) foot buffer
yard along its common boundary with any lot zoned for or
occupied by a single-family dwelling.
147
4. No structure, materials storage, or vehicular parking may be
permitted in the buffer yard.
5. Buffer yards shall include adequate screening as deemed
necessary by the Planning Commission. Buffers shall be designed
according to the guidelines in Article 22, Division XI.
(9) Walkways
The mixed use development shall contain a comprehensive and cohesive
pathway system for pedestrian and other non -motorized forms of
transportation that provides access to and from all use areas of the
development and to discourage vehicle use when possible. It shall be the
goal of the system to provide access to all locations within the
development and to off -site facilities such as transit, local businesses and
services, and cultural institutions such as schools and places of worship.
The system should provide convenience and safety.
(1) Walkways shall connect residential uses with off-street parking
areas, transit and school bus waiting areas, and recreational
facilities and commercial facilities on the site., Walkways shall also
connect the development with any contiguous school or park.
(2) When a proposed Mixed Use District contains residential
development and is located adjacent to an existing public transit
route or where students require school bus transportation, a bus
waiting area"consisting'of an impervious surface at least 10' x 10' in
size shall'be. provided in a location that has been determined with
advice from the Board of• Education or public transit provider. If,
after consultation with the transportation provider, it is determined
that both services cannot or will not be provided within the
boundaries of or adjacent to the new development, then the waiting
area is not required.
• (h) Building Spacing and Height Requirements: Building spacing and
height requirements shall be the same as those for the different types of
development provided for in the districts where Mixed Use Districts are
permitted. The Planning Commission may allow reductions or require
increases in building spacing or heights where it will be consistent with the
purpose of the Mixed Use District or to promote creativity, allow flexibility,
provide for efficient use of the land, and create a compatible mixture and
arrangement of land uses.
In review of a mixed use development, the Planning Commission may
waive or modify the area, yard, height, and other design requirements for
the different types of development only if such modification will increase
the amenities of the development.
(i) Non -Residential Development
In general, non-residential development proposed as part of a
mixed use development shall be integral to the overall development
and shalt relate well to residential areas in terms of pedestrian and
vehicular circulation. Buffer requirements between non-residential
and residential uses within a mixed use development shall be as
provided in this Article.
2. Commercial uses are permitted as. specified in the chart located at
Section 16.1(d). Commercial uses shall not be built or established
prior to the residential development except that they may be built in
phases consistent with phasing of the residential construction within
the limitations established in Section 16.1(d). The limits on the
percentage of commercial uses established for the entire mixed use
development shall not be exceeded in any individual phase.
3. Commercial uses shallprimarily be designed and intended as a
service to the residents of the mixed use development; however, it
is recognized by this Ordinance that strict limitation of the
commercial development to the mixed use development may not be
• practical. For that reason, the Planning Commission shall consider
the policies of the Comprehensive Plan relating to the establishment
of commercial: development in reviewing a proposal for the
commercial portion of the mixed use development.
4. Unoccupied commercial buildings shall be subject to the
• maintenance guidelines contained in Article 17, the Planned
Business District.
5. Mixed Use Buildings
Mixed uses within a single building are permitted and encouraged
where it will promote and' achieve the purpose of a mixed use
development. Where it is planned, the mixed use building shall be
provided with sufficient and appropriate amenities to accommodate
the mixed use. As an example, a. building that. includes residential
units and commercial spaces shall provide sufficient parking at all
times to accommodate residents as well as business patrons;
recreation areas should be provided , in secure, accessible and
functional locations. Residents should be shielded as much as
possible from strictly, commercial functions such as delivery of
goods in trade, and resident's security should be a priority. The use
mixture within a single building shall not exceed the guidelines
contained in Section 16.1(d).
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6. The Planning Commission may approve innovative and well -
designed proposals for the sharing of buildings or parking areas by
compatible residential and non-residential uses whenever it can be
demonstrated to the satisfaction of the Planning Commission that
such sharing is a logical and efficient use of buildings and land, and
that the peak operating hours for the respective uses will not be in
conflict. All parking provided in this manner shall be consistent with
the parking guidelines contained in Article 22, Division I.
There shall be documentation that cross easements and joint use
agreements will be recorded to support this sharing in perpetuity
unless both parties, agree, to abandon the arrangement. The
Planning Commission must approve the abandonment of the joint
use arrangement and shall not approve the abandonment until
plans for providing alternate site design to accommodate the loss of
a shared facility are approved.
(j) Traffic Circulation and Parking
1. Existing and planned streets and highways shall be of sufficient
capacity to serve existing traffic and all new traffic when the site is
fully developed, Any Final Development Plan shall include design
drawings of the improvements necessary to provide the needed
capacity in the'e)tist'ing road network if it is not currently available.
2. The capacity'of existing streets and highways serving a mixed use
development shall be considered by the.. Commission in determining
density. Density resulting in traffic capacity being exceeded on
streets and highways' shall not.be'permitted without a developer's
agreement to improve the affected streets to provide adequate
capacity.
(k) Phasing: In order to ensure that the mixed use development develops
uniformly, each phase shall independently conform to the density
established by the Commission. for'the entire land area covered by the
mixed use designation.
(I) Dedication of School Sites
1. In mixed use developments that have five hundred (500) or more
dwelling units of any type, the applicant shall identify within the
boundary of the proposed mixed use development a minimum of ten
(10) contiguousacres suitable for future dedication and construction
of a public elementary school. The area'of the potential school site
shall be increased in size by one (1) acre for each additional one
hundred (100) units over five hundred (500), or part thereof, to a
maximum of twenty (20) acres.
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2. At each review stage and prior to the Final Development Plan
approval, the Board of County Commissioners, in consultation with
the Board of Education, shall make a formal determination of the
need and desire to accept or reject dedication of the proposed
school site for construction of a public school.
3. Upon acceptance, both entities shall include the site in its respective
capital improvements program at the next available opportunity. At
any time subsequent to acceptance of the site and before the
issuance of any permits for construction of any utilities or
infrastructure on the development site, the Board of County
Commissioners or the Board of Education may determine that the
dedicated site is no longer needed for the construction of a public
school and formally rescind its acceptance of the school site.
4. Following a determination that the reserved site is no longer needed
or desirable as a public school site, and at its option alone, the
Board of County Commissioners may determine that the school site
would be appropriate for an alternate public facility.
5. Transfer of ownership of the site shall occur at a time mutually
agreed upon for the convenience of both parties.
6. Upon formal determination that the dedicated site is no longer
needed for the construction of a public school or any other public
facility, the developer may seek approval of development plans for
the area, which must be compatible with the surrounding portions of
the mixed use development and in compliance with all applicable
standards contained in this Article.
7. When evaluating the mixed use development for compliance with
the Adequate Public Facilities Ordinance, and if it is determined that
the public schools serving the mixed use development do not have
sufficient capacity to accommodate all of the students expected to
be generated from the development, the Board of County
Commissioners shall give due consideration to the availability and
value of the dedicated school site in its determination of the
adequacy of any mitigation proposal.
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ARTICLE 17 "PB" PLANNED BUSINESS DISTRICT (SHOPPING
CENTERS)102
Section 17.0 Purpose
The Planned Business District is established to allow and encourage the
development of commercial uses that provide goods and services to a regional
population in pre -planned and comprehensively designed communities or regional
shopping• centers or malls according to a comprehensive development plan.
Comprehensive pre -planning will improve function and may increase compatibility with
adjacent land uses where random placement of commercial development may not be
compatible. All uses in the Planned Business District shall be where it can be served
with adequate public or community water and sewerage service meeting Health
Department standards.
Section 17.1 Principal Permitted Uses
Only uses permitted in the BL or BG Districts shall be permitted. However, no
animal hospitals, veterinary clinics, or kennels shall be permitted. No residential or
industrial uses or Outdoor Advertising Signs shall be permitted.
Section 17.1.1 Special Exception Uses (Requiring Board Authorization After
Public Hearing)
(a) Public utility buildings, structures or uses not considered essential utility
equipment, as defined in Article 28A..
(b) Commercial Communications Towers, subject to the requirements of
Section 4.22.'
Section 17.2 Development Procedures in Existing and New PB Districts
(a)' Existing Planned Business Districts with existing approved
comprehensive development plans.
In existing Planned Business Districts with comprehensive development
plans or subdivisions previously approved by the Planning Commission,
development may proceed with an application for subdivision and/or site
plan approval as needed and appropriate. Subdivisions and site plans
shall be designed and approved according to the design standards
contained in this Article, site plan requirements contained in Section 4.11,
parking, lighting, buffering, landscaping and signage requirements in
Article 22, and any other applicable standards contained in this
Ordinance.
102 Revision 17, Article 17 deleted and replaced, 4/17/12, eff. 7/1/12 (RZ-10-005/ORD-2012-07)
152
(b) existing. Planned Business Districts without approved comprehensive
development plans.
In existing Planned Business Districts without comprehensive
development plans approved by the Planning Commission, the following
shall apply.
3.
On an existing parcel of two (2) acres or less, development
of a permitted use may proceed with submission and
approval of a, site plan without the need for a preliminary
consultation or comprehensive development plan approval.
On a parcel, or a combination of several parcels, of any
size where. more than one (1) use isproposed, either
through subdivision into multiple lots or through the
construction and leasing of a multiple -tenant building, a
comprehensive development plan shall be approved prior
to subdivision or site plan approval in the Planned
Business District.
Prior,,toapproval of a comprehensive development plan, a
preliminary consultation, as described in the Subdivision
Ordinance, shall: be required. Following the preliminary
consultation and Planning Commission review and
recommended revisions, a comprehensive development
plan, that is consistent with the guidance and int6t of the
Planned_ Business . District may ,be approved by the
Planning Commission. The approved comprehensive
development plan. shall be the guide for the future
development or subdivision of . the property and
development of the infrastructure to serve the various uses
established..
The Planning Commission shall ,keep appropriate records
of the-. review and. approvals of comprehensive
development plans.
The concept plan submitted for preliminary consultation
shall include the following minimum information:
i. The location and size of the tract.
H. The proposed layout of uses on the site including
buildings, parking and interior traffic and pedestrian
circulation patterns, and other elements basic to the
proposed commercial use. The plan shall include
the proposed points of access to the existing road
network.
153
iii. The proposed methods and general arrangement of
the sewage disposal, storm water management and
water supply systems, and provisions for other
utilities.
iv. Minimum topographic information sufficient to
determine surface drainage patterns and principal
drainage areas. Any area of steep slope as defined
in Section 202.54 of the Subdivision Ordinance
shall also be identified.
v. The source of existing contours as they are shown
on the sketch plan.
vi. The location of any 100 -year floodplain as
regulated by the Washington County Floodplain
Management Ordinance.
vii. The location of any perennial or intermittent stream
as defined in the Subdivision Ordinance, Section
202.55.
• viii. The location of the Appalachian Trail if within one
thousand (1,000) feet of the proposed
development. (This information may be shown in
the vicinity or location map).
ix. Where applicable, notation of the property's
location within the watershed boundaries of the
Edgemorit or Smithsburg Reservoirs or the Upper
Beaver Creek Drainage Basin as delineated on
maps prepared ' and provided by the Washington
County Planning Commission.
x. The zoning and land use on adjacent parcels.
xi. An approved forest stand delineation including an
indication of the existence of the habitat of a plant
or animal species determined by the U.S. Fish and
Wildlife Service to be threatened, or endangered
• according to the definitions contained in 50 CFR
17. •
• xii. A preliminary proposal for any required forest
conservation. mitigation.
xiii. The location of historic inventory sites on the
subject property or adjacent parcels.
154
a
xiv. A layout of the proposed development of the entire
site (including out lots) and preliminary sketches of
the exterior treatment of the shopping center or
buildings greater than seventy-five thousand
(75,000) square feet.
• xv. The concept plan shall be accompanied by the
applicant's analysis of the market and region to be
served by the proposed development.
4. When reviewing the proposed comprehensive
development plan, the Planning Commission shall
• consider:
The layout of the various uses on the site with
respect to internal traffic patterns and the access to
public highways.
ii. Preservation of natural topographic, environmental,
and historic features.
iii. Grading plans, drainage structures, water and
sewerage facilities, and other utilities.
iv. Orientation and compatibility with uses on adjacent
properties.
v. Landscape proposals.
(c) Applications for new Planned Business Districts
Applications for new Planned Business Districts shall
comply with the zoning amendment procedures contained in
Article 27 of this Ordinance and the requirements for a preliminary
consultation and approved comprehensive development plan
contained in Section 17.2(b) above.
Section 17.3 General Requirements for Applications for New Planned Business Districts
The Planned Business District is intended to be assigned to large single parcels
or an assemblage of smaller parcels for planning, resubdivision, and development of a
cohesively designed neighborhood, community, or regional commercial center with
multiple tenants. The proposed development is expected to have a comprehensively
designed interior traffic and pedestrian circulation plan, shared parking, landscaping, and
other site amenities all shown on a document to be known as a comprehensive
development plan. Previously approved plans for shopping centers in the Planned
Business District that existed at the time of the adoption of these requirements are still
valid to the degree that the design proposal does not violate current regulations.
155
Section 17.4 Data to Accompany Applications for New Planned Business Districts
(a) Prior to acceptance by the Planning Commission of an application for a
zoning amendment to establish a new Planned Business District, a
concept plan for the subject property shall be submitted and reviewed
following the guidelines and procedures in the Subdivision Ordinance
pertaining to preliminary consultations and the requirements of Section
17.2(b) above pertaining to the comprehensive development plan.
(b) The applicant shall provide a concept plan containing the information
required at Section 17.2(b). A preliminary consultation shall be
conducted. The Planning Commission shall have completed at least one
(1) review of the concept plan and summary of, staff and review agency
recommendations during a regularly scheduled Planning Commission
meeting before an amendment application for a new Planned Business
District can be accepted.
(c) The comprehensive development` plan shall not be approved until after
zoning amendment approval...,
(d) Applications for new Planned Business Districts shall also be
accompanied by an approved Forest Stand Delineation, Preliminary
Forest Conservation Plan, andFthe,revisedcomprehensive development
plan prepared by a licensed architect, engineer, landscape architect, or
certified planner. The comprehensive development plan shall be drawn to
scale and 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 Commission to give the
necessary, consideration.
(e) The zoning amendment application, shall also be accompanied by
preliminary traffic data that includes current :traffic counts for existing
roads with a one (1) mile radius of the site, a projection of the additional
traffic. (amount, and type) predicted to be generated by the proposed
development, peak hour estimates, and. the distribution and direction of
travel of the projected vehicles.
Section 17.5 Planning Commission and County Commissioner Review and Action
Upon receipt of an application for a zoning map amendment for a new Planned
Business District, accompanied by the required concept., plans and information, the
application shall follow the amendment procedures and policies specified in Article 27,
Amendments. The Planning Commission shall review the proposed development,
considering its relationship to the. surrounding area and to the development pattern
outlined in the adopted Comprehensive Plan for the County.
156
In addition to the requirements of Article 27, Amendments, the Planning
Commission and the County Commissioners shall ascertain whether the location, size,
and other characteristics of the site, and the proposed plan, comply with the following
conditions:
(a) A need is evident for such shopping facilities at the proposed location, such
need being demonstrated by the developer by means of market studies and
such other information as the Commission may require.
(b) That the proposed planned business center is adequate to serve the needs
of the population which reasonably may be expected to be served by such
shopping facilities.
(c) That the proposed planned business center will not cause points of traffic
congestion on existing or planned future roads in the area of such proposed
location.
(d) That the plans provide for a planned business center consisting of one (1) or
more groups of establishments in buildings of integrated and harmonious
design, together with adequate and properly arranged traffic and parking
facilities and landscaping, so as to result in _ an attractive and efficient
shopping center.
Section 17.6 Official Comprehensive' Development Plan
(a) Approval of the zoning map amendment for a new'Planned Business District
includes the stipulation that, all subsequent development on the site shall
occur according to the approved comprehensive development plan.
(b) Upon approval of an amendment to establish a new Planned Business
Zoning District but before development begins, the applicant shall submit a
final concept plan to the Planning Commission. After approval by the
Planning Commission, the plan shall be deemed the official comprehensive
development plan for the Planned Business District.
The official comprehensive development plan shall be signed by the
Planning Commission Chairman and by the property owner,
indicating agreement to abide by the conditions and terms of the
approved plan.
2. The Planning Commission shall maintain appropriate records of the
review and approvals of all official comprehensive development
plans.
3. The official comprehensive development plan may be amended, the
procedure being the same as in the case of the original plan. Minor
amendments of official comprehensive development plan features
157
may be approved through the site plan approval by the Planning
Commission without an additional hearing.
4. The Planning Commission shall determine the degree of change
from the official comprehensive development plan and the need for
additional public hearings. _
(c) It is recognized that full development of planried business areas may
require a number of years, and some. flexibility is needed to
accommodate the needs of future commercial uses. However, no zoning
permit shall be issued on any lot unless the Planning Commission shall
have approved a comprehensive development plan for the entire
commercial establishment and a site plan for each lot therein as it is
proposed for development. Planning Commission review of individual site
plans after an overall development plan has been approved shall not
require separate public hearings.
Section 17.7 General Regulations
The following regulations shall apply to a Planned Business Center except as
modified by the guidelines contained in Section 17.9 for developments or buildings of
seventy-five thousand (75,000) square feet or greater:
(a) Size: The site shall be adequate, for the type of shopping center proposed.
The minimum size for a planned neighborhood shopping center, as defined
in,Article 28A (BL District type. uses), shall be three and one-half (3.5) acres
and the minimum size of a planned community shopping center, as defined
in Article 28A (BG District type uses), shall be twenty (20) acres. The site
shall be of a shape,suitabie,for shopping center. development, and shall not
be.split by any existing or proposed, street.
(b) Height: The height limit for a neighborhood shopping center (BL District type
uses) shall be thirty-five (35) feet and for a community shopping center (BG
District type uses) shall be sixty (60) feet, except as modified by Section
23.4.
(c) Yards: No buildings shall be erected within fifty (50) feet of a public street
right-of-way line. No parking lot or accessory uses shall be located within
twenty (20) feet of the right-of-way line. No plantings shall be located within
ten. (10) feet of any public street right-of-way line.
No building shall be located within fifty (50) feet of any other boundary line
and any such line which adjoins an RR, RT, RS, RU, or RM District. If
deemed necessary by the Commission, the building shall be screened by a
solid wall or compact evergreen hedge at least six (6) feet in height, or by
such other device as may be deemed appropriate and adequate.
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(d) Public streets: Right-of-way lines for public streets shall be located a
minimum of fifty (50) feet from any existing residential buildings or attached
structures.
(e) Signs: In addition to building mounted signs as permitted and regulated in
Section 22.23(c), one additional sign shall be permitted, provided the sign
does not exceed three hundred (300) square feet in area and thirty-five (35)
feet in height. The signs shall include the name of the shopping center
and/or the establishments located therein: Any shopping center fronting on
more than one street may be permitted an additional sign which is located in
such a manner that no part of the supporting structure is less than twenty-
five (25) feet from the street right-of-way and that no part of the sign shall be
closer than five (5) feet to the right-of-way line. "
Section 17.8 Design Guidelines
(a) Site Coverage: Impermeable site coverage (parking areas, building area,
and other paved surfaces) shall not be greater than eighty-five percent
(85%) of the gross area of the site. This site coverage limitation shall not
include any area of pervious pavement.
(b) Refuse: Adequate provision shall be' made for storage and collection of
refuse. Refuse collection afid' storage areas shall be complete'ly'shielded
from view at all times by enclosures that are integrated into the building
design, fencing, landscapidgo'r other enclosed structures. They shall not be
located in the front yyrd,'Refuse storage and collection areas shall not be
located'in a stde'yard when, the adjacent parcel contains a dwelling or is
zoned for residentia`IUser t'
(c) Landscaping: Permeable areas of the site, excluding permeable pavement
shall be landscaped "with' ground cover, shrubs,''and trees according to the
guidelines contained in Article 22, Division XI. If the new use is adjacent to
any lot occupied "by' a dwelling, school, place. of worship, or institution for
human care not located' on the same lot as said use or buildings or any lot
which is part of a duly recorded residential subdivision, it shall be effectively
screened according to the buffering requirements contained in Article 22,
Division XI.
When additional screening and buffering is required or appropriate to
enhance compatibility between uses, it shall be provided according to the
regulations and guidelines contained in Article 22, Division XI.
(d) Vehicle Display: Any vehicles displayed on sales lots, including farm
implements, shall be parked at least ten (10) feet from the public or private
street or road right-of-way, or from the curb, or from the street or road edge,
whichever provides the greatest setback.
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(e) Lighting: All sites which will receive night use shall be provided lighting for
safety and aesthetics. Lighting shall be provided in accordance with the
regulations and guidelines contained in Article 22, Division X.
(f) Signs: Sighs may be provided and shall be in accordance with the
regulations and guidelines contained in Article 22, Division Ii.
(g) Loading Areas: All uses shall provide an appropriately sized area for
parking vehicles to load and unload goods and materials. The designated
loading area shall not be located where it will interfere with the flow of traffic
in the parking lot or on adjacent public or private streets. Loading areas shall
be provided in accordance with the regulations and guidelines contained in
Article 22, Division I. Where appropriate and approved by the Planning
Commission, loading areas may be shared amongst several uses on the
same site.
To the degree practical,loading areas in the Planned Business District
should be oriented away and shielded from public view by enclosures
integrated into the building design, fencing, and landscaping.
(h) Outside Storage: Any outside building material storage or other outside
storageyards shall include a fence or a dense screen planting of trees,
shrubs, or other plant materials, or both, to. the full length of the outdoor
storage area to' serve as a barrier to visibility, air borne particles, glare or
rloise., Such...screenplanting shall be in accordance with the following
requirements
1. Plant materials used in the screen planting shall be of such species and
size as will produce a complete visual screen at a height appropriate for
the material being screened.
2.` A fence, when erected as a screen, shall be of a height appropriate for
the material being screened and shall be placed no closer than three (3)
feet from any street or. property line.
3. The screen planting shall be placed so that at maturity it will be no
closer than, ten.(10) feet from any street or property line.
4. No structure, fence, planting, or other obstruction shall be permitted
which would interfere with traffic visibility across the corner of a lot and
at access, driveways within a required clear sight triangle, such clear
sight triangle shall be maintained in the area between a plane two (2)
feet above curb level and a plane seven (7) feet above curb level.
5. The screen planting or fence shall be broken only at points of vehicular
or pedestrian access.
(i) Permanent or temporary outside display areas shall be designated on the
site plan and shall be designed to be consistent with the non -parking uses in
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parking facilities guidelines contained in Section 22.14. Outside display
areas are subject to the yard requirements of Section 17.7.
(j) All development shall be served by a comprehensive system or network of
pedestrian walkways that provide customer access to. all areas of the site by
foot without the need to walk in vehicle travel lanes. The pedestrian system
shall be well lit for safe nighttime Use. The pedestrian system shall contain a
handicapped accessible surface. The pedestrian system shall provide
connections to all sidewalks on adjacent properties. The system shall
provide connections to adjacent undeveloped parcels in locations
determined appropriate by the Planning Commission.
(k) Unoccupied commercial buildings shall be subject to the maintenance
guidelines contained in Section 17.9(c) below.
(I) All new development in the Planned. Business District shall be served by
public water and sewer facilities that have been approved by the
Washington County Health Department.
1. Thefl Planning Commission may waive this requirement after
consultation and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this requirement, the
Planning Commission shall` consider the following:
is The need to' protect' environment resources from potential
pollution from failing septic systems.
U. The availability and proximity of existing public water and sewer
facilities. .
iii. The status of any available plans for utility extensions in the future
that may' serve the area.
iv. The existence and operation of private, on -site health facilities in
the vicinity.
v. Recommendations of the Washington County Health Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well or
septic system is conditional upon the agreement to abandon the
private system and connect to the public utility when it becomes
available.
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ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be the result of the
application of the minimum lot size, setback, and yard
requirements specified in Section 17.7. Lot dimensions shall also
conform to any applicable minimum requirements affecting lot
size, width or separations imposed by the Washington County
Health Department.,
x. Any private on -site well or septic system shall meet all Health
Department requirements.
(m) All new development in the Planned Business District shall comply with the
requirements of the Washington County Adequate Public Facilities
Ordinance.
Section. 17.9 Additional Design. Standards for Projects, Developments or Structures of
Seventy -Five Thousand (75,000) square feet or greater.
Drawings or photographs of the proposed architectural treatment of the proposed
buildings on the site shall be provided with the site plan to assist the Planning
Commission in visualizing the ultimate site appearance.
High quality architectural designs can mitigate the perceived impact of
commercial structures and uses and can create a positive impression of the use and the
Washington County,.Maryland. community. Designers of such buildings are encouraged
to employ thefollowing guidelines in building siting and design.
(a) Intent - The intent of this subsection is:
1. To establish design standards that create highly attractive commercial
centers with plentiful greenery and orderly outdoor spaces;
2. To design centers which are sustainable through tenant turnover;
3. To minimize the visual impact of large commercial buildings and parking
facilities, especially when adjacent to existing residential
neighborhoods;
4. To improve the pedestrian experience moving within and through such
commercial centers; and
5. To minimize sprawl and concentrate development through the use of
multi -story structures, where possible.
(b) Site considerations
1. Utilize, to the greatest degree possible, existing site features such as
topography, orientation, tree cover, and existing structures.
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2. Create an individual and cohesive site identity that is also compatible
with adjacent properties and structures.
i. In commercial developments, "Main Street" shopping center
layouts are encouraged. For the purpose of this section, a "Main
Street" design is defined as a shopping center designed so that
stores are arranged facing a center drive aisle which may also be
lined with parking and streetscape features and with the majority
of parking found behind the buildings. The largest single structure
of the shopping center may be found at the end of the center drive
aisle.
ii. When the "Main Street" concept is not applied, shopping centers
shall. be designed so that the mass of structures greater than
seventy-five thousand (75,000) square feet are masked by the
presence of smaller retail and service uses along the front of the
building or.the center.
Hi. Any part of a lot not used for buildings; parking, loading,
driveways, outside storage, or walkways shall be planted with
grass or other ground cover, trees, shrubs, and/or flowers and
shall be properly maintained at all times A landscaping plan shall
be included with each site plan and shall be consistent with the
guidelines contained in Article 22, Division XI.'
(c) Buildings
1: Apply consistent design principles on all buildings and structures on the
site to create unity.
2. Apply design principles on all building facades and surfaces, not just the
front.
3. Create visual interest and minimize bulk with architectural designs that
include varied but complementary building materials, surface
treatments, textures, varying roof and wall` planes, color and window
and door arrangements.
4. The commercial buildings or shopping center (including buildings
located on out lots) shall be constructed of high quality natural materials
finished in low reflectance, earth tone colors and finishes. Materials
may include brick, wood, stone, tinted textured concrete masonry units,
architectural or patterned concrete block, or other material approved by
the Planning Commission.
5. Public -oriented facades and the roof line of commercial buildings or a
shopping center and any facade that is located within three hundred
(300) feet of a residential zoning district shall be articulated and
constructed with architectural elements so as to appear as a series of
smaller buildings.
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(d) Other considerations
Minimize the views of mechanical equipment, storage, loading facilities,
and refuse collection by considering the need for screening and
incorporating it into the building design and overall site design,
orientation, and landscaping.
2. Non -enclosed areas for storage of pallets,. recycling, temporary
seasonal merchandise, overstock warehousing, and sale of seasonal
inventory shall be permanently defined and screened with walls and/or
fences and/or heavy evergreen landscaping consistent with the
materials and landscaping used throughout the project.
3. Parking and service area lighting shall be full cut-off units designed to
project downward or ornamental streetlights. The height of light poles
shall be limited to twenty (20) feet. All other lighting guidelines shall be
consistent with the lighting standards contained in Article 22, Division X.
4. Maintenance of Vacant Buildings.
Any freestanding building over seventy-five thousand (75,000) square
feet in area which is vacated by its owner or tenant shall be maintained
during its period of vacancy to the following minimum standards:
The property shall be kept clear of trash;
Parking lot lights shall be illuminated during the evening business
hours of the surrounding commercial area;
iii. Commercial identification signs shall be removed and the space
behind them repainted or treated in an appropriate manner to
maintain an appearance consistent with the remainder of the
building;
iv. Landscaped areas shall be kept clear of weeds and be properly
maintained;
v. Buildings shall be kept in good condition (painted areas kept in
good condition, windows kept in good and clean condition, walls
and other surfaces kept clear of graffiti and other staining
elements, destruction caused by vandals repaired, etc.);
vi. Current contact information shall be posted.
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Section 17.10 Site Plan
A site plan with an approved Forest Stand Delineation and Forest Conservation
Plan is required (Section 4.11) for all principally permitted and approved special
exception uses. All site plans shall contain information as required by the applicable
sections of this Ordinance and shall not, be approved without compliance with the
applicable sections.
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ARTICLE 18 "PI" PLANNED INDUSTRIAL DISTRICT (INDUSTRIAL PARK)103
Section 18.0 Purpose
The Planned Industrial District is intended to foster industrial development in
Planned Industrial Parks. The District allows a wide range of manufacturing, assembly,
processing, research and development, and office uses. Due to the pre -planned and
comprehensively designed nature of an industrial park and increased site design and
aesthetic standards, Planned Industrial Districts can be'located, built and operated with
a minimum of nuisance and mapped in locations where other industrial districts may be
inappropriate. Uses in the Planned Industrial District shall be served with adequate
public or community water and sewerage service meeting Health Department standards.
The Planned Industrial District is intended td be assigned to large single parcels
or an 'assemblage of parcels for planning, resubdivision, and development of a
cohesively designed industrial park with multiple lots, interior streets, and other
amenities. Previously approved plans for industrial parks in Planned Industrial Districts
that existed at the time of the adoption of these requirements are still valid to the degree
that the design does not violate current regulations.
The Planned Industrial District may. also be assigned to an individual parcel for
development'with a single use.
Section 18.1 Principal Permitted Uses
The following principal permitted uses shall be allowed in the Planned Industrial
District:
(a) Principal permitted uses allowed in the "IR,""IG," "ORT," and "ORI" Districts,
except those prohibited in Section 18.2he'rein.
(b) Office buildings for "services oriented to the needs of industries and
businesses located, in the park and. their respective employees or for the
local community. these ma�'includb offices for doctors, medical clinics or
laboratories, engineers, bapks, data processing centers, post offices, and
local retail services, provided that such office buildings shall not be the first
use erected in the industrial parkit is, intended that these uses be permitted
only in a multi -use structure and not as stand-alone uses on individual lots.
(c) Wholesale warehousing establishments where no retail sales are permitted.
(d)' Truck terminals or warehouses.
(e) Heliport, subject to the standards recommended by the Federal Aviation
Agency.
103 Revision 17, Article 18 deleted and replaced, 4/17/12, elf. 7/1/12 (RZ-10-005/ORD-2012-07)
166
(f) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article 28A.
(g) Child day care centers and nursery schools.
(h) Hotels, motels, and conference centers.
(i) Restaurants providing both on -premises and carry -out food service,
including those serving alcoholic beverages on the premises only. Drive -up
or drive -through service is not included as a permitted use.
(j) Signs, Outdoor Advertising,subject to the provisions of Section 22.24 and
22.25.
(k) Agriculture, as defined in Article 28A, including animal husbandry facilities,
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX.
(I) Helipads.
Section 18.2 Prohibited Uses'04
The following uses are prohibited in the Planned.IndustriarDistrict:
(a) Any new dwelling, mobile homes, mobile home_ parks, or .institutions for
human care, and uses first allowed in a business district, except as
permitted in Section 18.1(b).
(b) Brick yards, manufacture of pottery, tile, terra cotta, clay products.
(c) Electric or steam generating plants.
(d) Flour mills and grain or feed drying or processing....
(e) Planned business (Regional Shopping Center).
(f) Sawmills, unless they are operated within a completely enclosed structure.
Outside storage of pre- or post -processed lumber is subject to screening
requirements of Section 18.83 below.
(g) Signs, except as authorized herein.
(h) Special exception uses in "IR" and "IG" Districts, with the exception of Solar
Energy Generating Systems in accordance with Section 4.26.
104 Revision 17, Section 18.2 amended (RZ-13-002/ORD-2013-25)
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Section 18.3 Accessory Uses
Uses shall• be allowed which are customarily incidental to or are demonstrably
related to permitted uses in an industrial park, including indoor and outdoor recreational
facilities, cafeterias, clinics, helipads, training facilities, meeting rooms, and display
rooms related to or primarily restricted to the industries andbusinesses located in the
industrial park.
Section 18.4 Development Procedures in Existing and New Planned Industrial Districts
(a) Existing Planned Industrial Districts with Approved Industrial Park Concept
Plans
In existing Planned Industrial Districts with industrial park concept plans,
development plans, or subdivisions previously approved by the Planning
Commission, development on individual lots may proceed with an
application for subdivision and/or site plan approval as needed. Subdivisions
and site plans shall be designed and approved according to the design
standards contained in this Article, site plan requirements contained in
Section ' 4.11, and "any 'other applicable standards contained in this
Ordinance.
(b) Existing Planned Industrial Districts Without Approved Concept or
Development Plans
In existing Planned Industrial Districts without concept or development plans
approved by the Planning Commission, the following shall apply:
1. On a parcel or a combination, of several parcels greater than twenty-
five (25) acres or when subdivision is proposed on any size parcel to
create three (3) ormore lots or prior to an application for subdivision
approval of the fourth (41h) lot from the original parcel, a preliminary
consultation, as described in the . Subdivision Ordinance, shall be
required. Following the consultation and Planning Commission
review and recommended revisions, a concept plan that is consistent
with the guidance and intent of the Planned Industrial District shall be
approved by the Planning Commission. The approved concept plan
shall be the guide for the future subdivision of the property and
development of the infrastructure to serve the various uses
established on the individual lots.
The preliminary consultation described above is optional for parcels
less than twenty-five (25), acres or the proposed subdivision of less
than three (3) lots.
The Planning Commission may waive the requirement for a
preliminary consultation for the subdivision of a fourth (4'h) lot where it
is apparent that there will be no land area available for future
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subdivision or development after the development of the fourth (4`h)
lot.
The concept plan shall include the following minimum information:
The location and size of the tract..
ii. The proposed layout of streets, lots, and other elements basic to
the proposed industrial park or use. The plan shall contain a
graphic display of the proposed street and highway network for
the newdevelopment and the connections to the existing
surrounding. road network.
iii. The proposed methods and general arrangement of the sewage
disposal, storm water management and water supply systems,
and provisions for other utilities.
iv. Minimum topqgraphic information sufficient to determine
surface drainage patterns and principal drainage areas. Any
area of steep slope as defined in, Section 202.54 of the
`Subdivision' Ordinance shall also be identified.
v. The source of existing contours as they are shown on the plan.
vi. ' The location of any 100 -year floodplain as regulated by the
Washington County Floodplain Management Ordinance.
vii. The location of any perennial or intermittent stream as defined
in the Subdivision Ordinance, Section 202.55.
viii. The location of"the Appalachian Trail if within one thousand
(1,000) feet of the proposed development. (This information
may be shown in the vicinity or location map)
lx.' Where applicable, notation of the property's location within the
watershed boundaries of the Edge.mont or Smithsburg
Reservoirs or the Upper Beaver Creek Drainage Basin as
delineated on maps prepared and provided by the Washington
County Planning Commission.
x. The zoning and land use on adjacent parcels.
xi. An approved Forest Stand Delineation including an indication of
the "existence of the habitat of, a plant or animal species
determined by the U.S. Fish and Wildlife Service to be
threatened or endangered according to the definitions contained
in 50 CFR 17.
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xil. A preliminary proposal for any required forest conservation
mitigation.
xiii. The location of historic inventory sites on the property.
3. When reviewing the concept plan, the Planning Commission shall
consider:'
i. The layout of the industrial park with respect to internal roads
and the access of such to public highways.
ii. Preservation of natural topographic, environmental, and historic
features.
iii. Grading plans, drainage structures, water and sewerage
facilities, and other utilities.
iv. Orientation and compatibility with uses on adjacent properties.
v. Landscape proposals.
(c) /pplications'for New Planned Industrial Districts
Applications for new Planned Industrial Districts shall comply with the zoning
amendment procedures contained in Article 27 and the requirements for a
preliminary; consultation and approved industrial park concept plan
contained in this Article, Section 18.4(b).
Section 18.5'GeneralRequirements' for Applications for New Planned Industrial Districts
Prior to acceptance of an application for a new Planned Industrial District, a
concept plan' for the subject property shall be approved following the guidelines and
procedures pertaining to preliminary consultations contained in Section 18.4(b).
The applicant shall provide a concept plan containing the information required at
Section 18,4(b)2. A preliminary consultation shall be conducted. The Planning
Commission shall have completed at least one review of the concept plan and summary
of staff and review agency recommendations during a regularly scheduled Planning
Commission meeting before an amendment application for a new Planned Industrial
District may be accepted.
Section 18.6 Data to Accompany Application
Applications. for a Planned Industrial District shall be accompanied by an
approved Forest Stand Delineation, preliminary Forest Conservation Plan and the
concept plan required by Section 18.4(b) that has been revised according to the results
of the preliminary consultation and the Planning Commission recommendations. The
concept plan shall be prepared by a licensed architect, engineer, landscape architect, or
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certified planner. The concept plan shall be drawn. to scale and contain all of the
information required by Section 18.4(b)2 above.
The zoning amendment application shall also be accompanied by preliminary
traffic data that includes available current traffic counts for existing roads within a one (1)
mile radius of the site, a projection of the additional traffic (amount and type) predicted to
be generated by the proposed development, peak hour estimates, and the distribution
and direction of travel of the projected vehicles.
Section 18.7 Planning Commission and County Commissioner Review and Action
Upon receipt of an application for a zoning map amendment for a Planned
Industrial District, accompanied by the required concept plans and information, the
application shall follow the amendment procedures and policies specified in Article 27,
Amendments. The Planning Commission shall review the proposed development,
considering its relationship to the surrounding area and to the development pattern
outlined in the adopted Comprehensive Plan for the County.
Upon conclusion of the amendment proceedings, if the proposed amendment is
approved by the Board of County Commissioners and the land is assigned the Planned
Industrial Zoning District, but before beginning development, the applicant shall submit a
final concept plan to the Planning Commission. The, final, concept plan, after adoption by
the Planning Commission, shall be deemed an official development plan. The official
development plan shall be signed by the Planning Commissions Chairman and by the
property owner indicating his/her willingness to abide by the conditions and terms of the
adopted plan. The Planning Commission shall maintain appropriate records of all
concept plan approvals and official development plans. The official development plan
may be amended, the procedure being the same as in the case of the original plan.
Minor amendments of official development plan features may be approved thraugh the
site plan approval by the Planning Commission without an additional hearing.
The Planning Commission shall determine the degree of change from the. official
development plan and the need for additional public hearings.
The official development plan may be approved even though it does not show
exact lot sizes or locations of future buildings, It is recognized that full development of
planned industrial areas may require a number of years, and some flexibility is needed to
accommodate the needs of future industries. However, no zoning permit shall le issued
on any lot unless the Planning Commission shall have approved a development plan for
the entire industrial park and a site plan for each lot therein as it is proposed for
development. Planning Commission review of individual site plans after an overall
development plan has been approved shall not require separate public hearings.
In reviewing the site plan for a lot in the Planned Industrial District, the Planning
Commission shall consider the following, in addition to the design standards contained in
Section 18.8 and the site plan requirements contained in Section 4.11.
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(a) Layout of the site with respect to the arrangement and width of its driveways
and parking areas and their relationship to off -site roadways within the
industrial park and to external public highways.
(b) Preservation of natural topographic features, such as trees and
watercourses.
(c) Grading plan and plans for all utilities, including water and sewerage
facilities, storm drainage, parking lots, loading docks, lighting and screening.
(d) Lot layout, including front, side, and rear yard lines.
(e) Location, height and orientation of proposed buildings.
(f) Identity of occupant and nature of operations.
(g) Employee information, as to number and shifts.
(h) Location, size, and lighting of signs.
(i) Outdoor storage areas, including location, screening, and safety features.
Section 18.8 Required Conditions
(a) All manufacturing uses shall be conducted in an enclosed building, except
for parking, loading, and storage.
(b) All uses in the Planned Industrial District shall comply with the performance
standards contained in Section 4.12.
(c) All uses in the Planned Industrial District shall be served by public water and
sewer facilities approved by the Washington County Health Department.
1. The Planning Commission may waive this requirement after
consultation and advice from the Health Department. .•
2. Prior to a decision to grant or not grant a waiver of this requirement,
the Planning Commission. shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic,systems..
ii. The availability and proximity of existing public water and
sewer facilities.
iii. The status of any available plans for utility extensions in the
future that may serve the area.
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iv. The existence and operation of private, on -site health facilities
in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan.
'vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well
or septic system is conditional upon the agreement to
abandon the private system and connect to the public utility
when it becomes available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be the result of the
application of the minimum lot size, setback, and yard
requirements specified in Section 18.99 and 18.100. Lot
dimensions shall also conform to any applicable minimum
requirements affecting lot size, width, or separations imposed
by the Washington County Health Department.
x. Any private on -site well or septic system shall meet all Health
Department requirements.
(d) All new development in the Planned Industrial District shall comply with the
requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 18.9 Design Standards
Section 18.91 VehicularAccess
(a) Vehicular access to industrial parks shall be 'permitted only from public roads
or highways and not from any residential street.
(b) Road access to an industrial park may be at' points prescribed by the
appropriate agency or jurisdiction, but in no case less than the following:
(1) For state roads, not less than seven hundred fifty (750) feet between
points of access.
(2) For county roads, not less than two hundred (200) feet between points
of access.
(c) All streets within an industrial park shall be designed to County
specifications for the expected type and volume of traffic and shall be
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offered for ownership and maintenance by the County through the existing
dedication procedures.
Section 18.92 Parking and Loading Facilities
(a) There shall be provided for, in each plan, sufficient space for off-street
parking and storage of vehicles for personnel. Parking facilities shall comply
with the standards contained in Article 22, Division I.
(b) All uses shall provide an appropriately -sized area for parking vehicles to
load and unload goods and materials. The designated loading area shall not
be located where it will interfere with the flow of traffic in the parking lot or on
adjacent public or private streets. Loading areas shall be provided in
accordance with the regulations and guidelines contained in Article 22,
•Division I.
(c) Industrial park developers and tenants are encouraged to utilize shared
parking facilities, where appropriate, in accordance with the guidelines
contained in Article 22, Division I, and when approved by the Planning
Commission.
Section 18.93 Outdoor Storage
(a) No outdoor storage shall be permitted in the front yard of any operation
permitted by this Article. Front yards shall be defined as the area facing the
major highway or artery in the immediate vicinity, whether adjacent or
nearby. If it is indeterminable from this factor, then what would ordinarily be
considered the front of the major structure would be considered the front
portion of the yard and/or operation.
(b) Any outside material storage yards shall include a fence or a dense screen
planting of trees, shrubs, or other plant materials, or both, to the full length of
the outdoor storage area to serve as a barrier to visibility, air borne particles,
glare, or noise. Such screen planting shall be in accordance with the
following requirements:
1. Plant materials used in the screen planting shall be of such species
and size as will produce a complete visual screen at a height
appropriate for the material being screened.
2. A fence, when erected as a screen, shall be of a height appropriate
for the material being screened and shall be placed no closer than
three (3) feet from any street or property line.
3. The screen planting shall be placed so that at maturity it will be no
closer than ten (10) feet from any street or property line.
4. No structure, fence, planting, or other obstruction shall be permitted
which would interfere with traffic visibility across the corner of a lot or
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at access driveways within a required clear sight triangle. Such clear
sight triangle shall be maintained in the area between a plane two (2)
feet above curb level and a plane seven (7) feet above curb level.
5. The screen planting or fence shall be broken only at points of
vehicular or pedestrian access.
6. The screening materials shall be maintained in order to insure that the
screening effect is in place at all times.
Section 18.94 Building Appearance, Location, and. Landscaping
(a) Drawings or photographs of the proposed architectural treatment of the
proposed buildings on the site shall be provided with the site plan to assist
the Planning Commission in visualizing the ultimate site appearance.
High quality architectural designs, can .mitigate the perceived impact of
industrial structures and uses and can creatp,,a positive impression of the
industry, the industrial park, and the Washington County, Maryland
community. Designers of buildings in the industrial park are encouraged to
employ the following guidelines in building siting and design.
(b) Site Considerations
1 Utilize to the greatest dggree, possible existing1site features, such as
topography, orientation, tree cover, and existing structures.
2. Create an individual and cohesive, site identity that,is also compatible
with adjacent properties and structures.
3. Any part of a lot not used for buildings, parking, loading, driveways,
outside storage, or walkways shall be planted with grass or other
ground cover, trees, shrubs, and/or flowers, and shall be properly
maintained at all times. A landscaping plan shall be included with
each site plan and shall be consistent with the guidelines contained in
Article 22, Division II.
(c) Buildings
1. Apply consistent design principles on all buildings and structures on
the site to create unity.
2. Apply design principles on all building facades and surfaces, not just
the front.
3. Create visual interest and minimize bulk with architectural designs
that include varied but complementary building materials, surface
treatments, textures, varying roof and wall planes, color and window
and door arrangements.
175
(d) Industrial buildings shall be constructed of high -quality natural materials
finished in low -reflectance earth tone colors and finishes. Materials may
include brick, wood, stone, tinted textured concrete masonry units,
architectural or patterned concrete block or other material approved by the
Planning Commission.
(e) Public -oriented facades and the roof line of buildings and any facade that is
located within three hundred (300) feet of a residential zoning district shall
be articulated and constructed with architectural. elements' so as to appear
as a series of smaller buildings or to minimize the appearance of excessive
mass.
(f) Minimize the views of mechanical equipment, storage, loading facilities, and
refuse collection by considering the need for screening and incorporating it
into the building design and overall site design orientation, and landscaping
used throughout the project.
(g) Non -enclosed areas for storage of pallets, recycling, refuse and other
materials shall be permanently defined and screened with walls and/or
fences and/or heavy evergreen landscaping consistent with materials and
landscaping used throughout the project.
(h)Parking and service, area lighting shall be full cut-off units designed to
project downward or ornamental street lights. The height of light poles shall
be consistent with the lighting standards contained in Article 22, Division X.
(i) A landscaping plan shall be included with each site plan and shall be
consistertt,with.the guidelines contained R1gjcle.22; Division XI If„the; new
use is adj ce# td any' lot opctipiedi' y dlnielling, school, place of worship,
or institution for human care nottldcafed' do the same lot as said: use or
buildings, or any lot which is`part of a duly recorded residential subdivision, it
shall be effectively screened, according to the buffering requirements
contained in Article 22, Division Xl.
Section 18.95 Utilities
Any overhead wires determined necessary shall be run along the rear property
lines where practical; and any control instrument station or substations shall be
screened.
Section 18.96 Signs and Lighting
(a) The design, lettering, lighting and location of all signs shall be included so
far as possible as part of the site plan submitted for approval of the Planning
Commission.
176
(b) Signs for identifying the use or the occupant on a lot shall be a part of the
architectural design and be attached to the building. Any signs detached
from buildings shall be landscaped.
(c) All sites which will receive night use shall be provided lighting for safety and
aesthetics. Lighting shall be provided in accordance with the regulations and
guidelines contained in Article 22, Division X.
Whenever possible, signage should be combined to"eliminate visual clutter.
Additional signage at park entrances that list all tenants in the park or serves
as a directory are permitted according to the guidelines contained in Article
22, Division II.
Section 18.97 Noise
All uses in the Planned Industrial District shall be subject to compliance with the
noise limitations as specified below:
(a) Noise, will be measured with a sound level meter. Impact noise will be
measured using the fast response of the sound level meter. Impact noises
are intermittent sounds such as from a punch pressor drop force hammer.
(b) The following table describes the maximum sound pressure level permitted
from anyindustrial source as measured at any property line adjacent to a
residential district,, commercial district,` other PIzoned lot, or other non-
industrial use.
MAXIMUM PERMITTED SOUND LEVELS, DB(A),
(c) The following sources of noise are exempt.
1. Transportation vehicles not under the control of the industrial use.
2. Occasionally -used safety signals, warning devices, and emergency
pressure relief valves.
3. Temporary construction activity between 7:00 a.m. and 7:00 p.m.
4. Agricultural activities.
5. Emergency generators for essential operations of a facility for the
duration of an emergency and/or interruption in electric power service.
177
Section 18.98 Height Regulations
(a) No building shall exceed seventy-five (75) feet in height, except as provided
in Section 23.4 of this Ordinance.
Section 18.99 Area Requirements
(a) No industrial park considered herein shall comprise less than ten (10) acres
if it is a completely separate tract. No area limitation shall be placed on an
industrial park if it (1) is an addition to another industrial park, or (2) has a
common boundary with an existing "IR" or "IG" District.
(b) The minimum lot area for any lot for a principal building shall be two (2)
acres and the minimum lot frontage shall be two hundred (200) feet.
(c) The maximum lot area coverage of any lot by a principal building or
buildings shall not exceed fifty (50) percent of the total lot area.
Section 18.100 Yard Setback Requirements
(a) A front yard adjacent to an expressway or primary highway as shown on the
Washington County Highway Plan shall be one hundred fifty (150) feet.
Front yards on other County or municipal streets or interior roads within an
industrial park shall be fifty (50) feet.
(b) Side or rear yards shall be as follows:
Adjoining a residential district, one hundred fifty (150) feet or seventy-five
(75) feet where proper screening as determined by the Planning
Commission along the property line is provided.
Adjoining a business or industrial district, seventy-five (75) feet.
Section 18.101 Site Plan
A site plan is required for any principally permitted or approved special exception
use except agriculture. Animal husbandry facilities shall be subject to the requirements
set forth in Article 22, Division IX.
All site plans shall contain information as required by Section 4.11 and shall not
be approved without compliance with the regulations contained in the applicable
sections of this Ordinance governing parking; lighting, landscaping, buffers, and signage.
All uses in the Industrial General District shall provide the required information
and meet the performance standards contained in Section 4.12 of this Ordinance.
Areas of a Planned Industrial District or industrial park that are not part of
individual lots or are intended for the common benefit of all tenants of the park, such as
178
park identification signs, lighting, landscaping, or recreation areas, may be designed and
approved on site plans for individual lots or as part of the approval of the official
development plan or on a separate site plan for common industrial park amenities.
Section 18. 102 Special Exception Uses (Requiring Board Authorization After
Public Hearing)
(a) Solar Energy Generating Systems in accordance with Section 4.26
179
ARTICLE 19 "HI" HIGHWAY INTERCHANGE DISTRICT1o5
Section 19.1. Purpose
The Highway Interchange District is established to provide suitable locations for
commercial activities or light industrial land uses that serve highway travelers, provide
goods and services to a regional population, or uses that have a need to be located near
the interstate highway system to facilitate access by a large number of employees, or
the receipt or shipment of goods by highway vehicles. In addition to providing accessible
locations, the Highway Interchange District is intended to protect the safe and efficient
operation of the interchange and to promote its visual attractiveness. Site design
guidelines will balance the needs for visibility with moderation of visual clutter, signs, and
excessive lighting.
Section 19.2. Principal Permitted Uses
(a) All Principal Permitted Uses allowed in the BL, BG, PB, and ORT Districts.
Also permitted are all Principal Permitted Uses in the IR District except
heliports and Commercial Communications Towers.
(b) Agriculture, as defined in Article 28A,. including animal husbandry facilities,
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX
Section 19 3..Special Exception Uses (Requiring Board Authorization after Public
Hearing)
(a) Building material sales and storage yards.
(b) Feed and grain sales.
(c) . Animal hospitals, veterinaryclinics, or kennels with outside runways or
exercise areas shall comply with Section 19.7 and the outside runways or
exercise areas shall be no less than 150 ft. from any dwelling, place of
worship,. school or institution for.human care not located on the same lot.
(d) . Cemeteries, mausoleums, or memorial gardens.
(e) Petroleum products storage tanks (aboveground).
(f) Any other use that the Board finds is functionally similar to any Principal
Permitted Use or Special Exception. listed in the BL or BG Articles. The
Board shall not grant any special exception which is inconsistent with the
purpose set forth for this district, nor which will materially or adversely affect
the use of any adjacent or neighboring properties.
105 Revislonl7, Article 19 deleted and replaced, 4/17/12, eff. 7/1112 (RZ-10-005/ORD-2012-07)
180
(g) Truck stops.
(h) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article 28A.
(i) Commercial Communications Towers, subject to the requirements of
Section 4.22.
Section 19.4 Accessory Uses
Uses and structures customarily accessory and incidental. to an' Principal
Permitted or Special Exception Use.
Section 19.5 Site Plan Review
All development, except agriculture, in the Highway Interchange District requires
site plan review and approval and an approved' Forest'Stand• Delineation and Forest
Conservation Plan in accordance with Section 4.11. Animal husbandry facilities shall be
subject to the requirements set forth in Article 22, Division IX. The Planning Commission
shall apply the following general standards when approving site plans for development in
the HI District:
(a) Interchange access: First priority shall be given to insuring safe and
uncongested access to and from the interstate highways from all connecting
roads. Future as well as present traffic'volumes shall be' considered by the
Planning Commission. In the site plan review, the Planning Commission
shall consider the location and spacing of ingress 'and 'egress and small not
permit them where they will interfere with traffic movement to,'orfrom the
approach ramps. Where determined appropriate to protect or improve the
function and safety of the intterchange'and with the advice of the County
Division of Public Works and/or the State Highway Administration, the
Planning Commission may limit the number of access points or require that
multiple properties share a common access point with the appropriate joint
use agreements or cross easements. Frontage roads may be 'required when
deemed appropriate by the Commission.
(b) Architectural and landscape design: The Planning 'Commission shall
consider the appearance of development from the interstate highway and
other roads surrounding the site and may require modifications to the
placement and orientation of buildings, structures or land uses, building
materials, buffers, screening, landscaping, lighting, and signage with the
goal of providing a positive and pleasing impression of Washington County.
(c) Signs: All signage in the HI zoning district shall comply with the
requirements of Article 22, Division II, and the following additional guidelines
and requirements which are designed to limit visual clutter along the
highway, improve the effectiveness of signage, and provide a pleasing and
positive visual image.
181
1. Portable signs are prohibited.
2. Individual business entities on adjacent but separate parcels are
encouraged to share a single sign support structure. The Planning
Commission may permit a ten percent (10%) increase in the three
• hundred (300) square foot maximum sign size limit for signage that
• shares a single support structure. The allowed ten percent (10%)
increase may be used by each business sharing the same support
structure to increase the maximum permitted sigh size to three hundred
thirty (330) square feet.
3. Sign support structures shall be a minimum of fifty (50) feet from the
interstate right of way.
4. On lots that have interstate and secondary road frontage that would be
permitted two (2) freestanding signs per Section 22.23(e), the Planning
Commission may limit signage to only one (1) sign where it can be
determined that one (1) sign can be visible from both road frontages.
5. Integral or building mounted signs permitted by Article 22, Section
22.23(c) are limited to three hundred (300) square feet.
Section 19.6 Height Requirements
No structure may exceed seventy-five (75).feet in height, including any sign that
may be located on the top of the structure, except, as provided in Article 23.
Freestanding signs are limited to thirty-five (35),feet in height, as specified in Article 22,
Division it
Section .19.7 Lot Area; Lot Width, and Yard Setback Requirements
(a) There is no minimum lot area or lot width in the. HI District, except as noted
in (b) below; it shall be a function of the required buffers, setbacks, and off-
street parking requirements.
(b). Minimum yard requirements:
Use •
Lot ,
Area
Lot Width
Front Yard.
Side Yard
Rear Yard
All Principal, Special
Exception, and Accessory
40 feet
10 feet*
10 feet"
BL, BG, and ORT Uses
***Animal hospitals,
veterinary clinics, or
2 acres
200 feet
50 feet
50 feet
50 feet
kennels with outside
runways or exercise areas
* Except as required in Section 19.8.
* Except'as required in Section 19.3(c) and 19.3(1).
* Except when adjacent to residential development, it shall be 25 feet.
***See also Section 19.3(c).
182
Section 19.8. Buffer Yards
The area designated as a buffer yard may include any required side, rear, or
front yards.
(a) Where the adjoining lot is either zoned for or contains dwellings, hospitals,
nursing homes, schools, or other institutions for human care, there shall be a
seventy-five (75) foot buffer yard between the lot line and any area of the lot
proposed for use with a principal permitted use or special exception use in
the IR or ORT District. Perimeter screening in the form of a solid fence,
vegetative screening, or both as determined by the Planning Commission
during the site plan review shall be required. The vegetative screening shall
consist of trees that shall be a minimum of ten (10) feet in height and two (2)
inch caliber at the time of planting. Trees shall be of a species having an
average mature spread of crown of a minimum of fifteen (15) feet under
normal growing conditions. The trees shall be planted and spaced so as to
create an opaque screen between the adjoining land uses. Shrubs may be
required to supplement the tree plantings to create the opaque screen. A
minimum of seven (7) trees per hundred linear feet of perimeter buffer area
shall be required. Where any of the IR or ORT uses are across a public
road, the Planning Commission may waive the perimeter screening and
buffer yard requirement. Buffer planting shall not obstruct visibility for
vehicles in the interchange area.
Where the adjoining lot is either zoned for or contains dwellings, hospitals,
'nursing homes, schools, or other institutions for human care, there shall be
a 25'foot buffer yard between the lot line and any area of the lot proposed
for use with a principal permitted use in the BL, BG, or PB District.Perimeter
screening in the form of a solid fence, vegetative screening or both, as
determined by the Planning, Commission during the site plan review, shall be
required for all BL, BG, and PB uses. The vegetative screening shall be a
minimum of ten (10) feet overall in height and two (2) inch caliber at the time
of planting. Trees shall be of a species having an average mature spread of
crown of a minimum ten (10) feet under normal growing conditions. The
trees shall be planted and spaced so as to create an opaque screen
between the adjoining land uses. A minimum of ten (10) trees per hundred
linear feet of •perimeter buffer area shall be required. Shrubs may be
required to supplement the tree plantings to create the opaque screen.
Where any of the BL, BG or PB uses are across a public road, the buffer
yard and perimeter screening requirement may be waived by the Planning
Commission. Buffer planting shall not obstruct visibility for vehicles in the
interchange area.
(b) Any outside storage of equipment, materials, or goods, whether as a
principal use, a special exception, or an accessory use, shall also be..
provided a buffer yard of fifty (50) feet where dwellings, hospitals, nursing
homes, schools, or other institutions for human care are on an adjoining lot.
183
(c) Where the use on the adjoining lot is in the' BL, BG, IR, PB, or ORT District,
the setback for equipment, materials, or goods need be only ten (10) feet,
but the yard shall be either fenced or planted with evergreens or other
suitable vegetation that will provide a year-round screen for noise, light
glare, or other factors that may adversely affect. neighboring properties.
(d) All buffer yards in the HI District shall be planted along the length of the yard
with evergreens or other suitable vegetation that will adequately provide a
year-round screen for noise, light glare, or other factors that may adversely
affect abutting properties. Fencing may be substituted for vegetative
screening. The Planning Commission, in its review of the site plan, shall
determine the that the provided type, spacing, height, and planting schedule
is appropriate for the screening based on the abutting uses, the type of
stored material, its storage height, its noise -generating characteristics, its
light -generating characteristics, and the hours of activity in the storage yard.
Section 19.9 Additional Design Standards
(a) Lighting
All sites which will receive night use shall be provided lighting for safety
and aesthetics. Lighting shall be provided in,. accordance with the
regulations and guidelines contained in Article 22, Division X.
(b) Landscaping
1. Permeable areas of the site shall be landscaped with ground cover,
shrubs, and trees according to the guidelines contained in Article 22,
Division. Xi. If the new use is adjacent to any lot occupied by a dwelling,
school, place of worship, or institution for human care not located on the
same lot as said use or buildings, or any lot which is part of a duly
recorded residential subdivision, it shall be effectively screened
according to the buffering requirements contained in Article 22, Division
XL
2. When additional screening and buffering is required or appropriate to
enhance compatibility between uses, it shall also be provided according
to the regulations and guidelines contained in Article 22, Division XI.
(c) Maximum Impervious Surface
Impermeable site coverage (parking areas, building area, and other paved
surfaces) shall be limited to eighty-five percent (85%) of the gross area of
the site.
(d) Refuse & Recyclables
Adequate provision shall be made for storage and collection of refuse and
recyclables. Refuse and recyclables collection and storage areas shall not
184
be located in the front yard and shall be, completely shielded from view at all
times by fencing, or landscaping. Refuse and recyclables storage and
collection areas shall not be located in a side yard when the adjacent parcel
contains a dwelling or is zoned for residential use.
(e) Vehicle Displays
All vehicles displayed on sales lots, including farm implements, shall be
parked at least ten (10) feet from.the public or private street or road right-of-
way, or from the curb, or from the street or road edge, whichever provides
the greatest setback. ,
(f) Loading Areas
All uses shall provide an appropriately sized area for parking vehicles to load
and unload goods and materials. The 'designated loading area shall not be
located where it will interfere with the flow of traffic in the parking lot.or on
adjacent public or private streets. Loading 'areas shall be provided in
accordance with the regulations and guidelines contained in Article 22,
Division X. Where appropriate and approved by the 'Planning Commission,
loading areas may be shared among several uses on the same site.
(g) All wholesale and retail outside building material storage yards and other
outside storage yards shall include a fence or a dense screen planting of
trees, shrubs, or other plant materials, or both, to the, full length of the
outdoor storage area to serve as a barrier td visibility, air borne particles,
glare, or noise, Such screen planting shall be in accordance with the
following requirements`
1. Plant materials used, in the screen planting shall, be of such species
and size as will produce a complete visual screen of at least six (6)
feet in height.
2. A fence, when erected as a screen, shall be not less than six (6) feet
in height, and shall be placed no closer than three (3) feet from any
street or property line.
3. The screen planting shall be placed so that at maturity it will be no
closer than ten (10) fee' t'from any street or property line.
4. No structure, fence, planting, or other obstruction shall be permitted
which would interfere with traffic visibility across the corner of a lot
and at access driveways within a required clear sight triangle. Such
clear sight triangle shall 'be maintained in the area between a plane
two (2) feet above curb level and a plane seven (7) feet above curb
level.
5. The screen planting or fence shall be broken only at points of
vehicular or pedestrian access.
185
6. Outside display areas shall be designated on the site plan. Outside
display areas are subject to the yard requirements of Section 19.7
and 19.8. Outside display areas shall not include parking areas
needed to meet the minimum number of parking spaces required for
the use.
(h) Parking
All uses in the Highway Interchange District shall provide vehicular parking
to meet the requirements contained in Article 22, Division I.
(i) All new development in the. Highway Interchange District shall be served by
public water and sewer facilities approved by the Washington County Health
Department.
1. The Planning Commission may waive this requirement. after
consultation and advice from the Health Department.
2. Prior to a decision to grant or not grant a waiver of this requirement,
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from. failing septic systems.
ii. The availability and proximity of existing public water and sewer
facilities.
iii. The status of any available plans for utility extensions in the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities in
.the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well or
septic system is conditional upon the agreement to abandon the
private system and connect to the public utility when it becomes
available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot size shall be the result of the
186
application of the minimum lot size, setback, and yard
requirements specified in Section 19.7 and 19.8. Lot dimensions
shall also conform to any applicable minimum requirements
affecting lot size, width, or separations imposed by the
Washington County Health Department.
Q) Any private on -site well or septic system shall meet all Health Department
requirements.
(k) All new development in the Highway Interchange District shall comply with
the requirements of the Washington County Adequate Public Facilities
Ordinance.
Section 19.10 Maintenance of Vacant Buildings
Any freestanding building over seventy-five thousand (75,000) square feet in
area which is vacated by its owner or tenant shall be maintained during its period of
vacancy to the following minimum standards:
(a) The property shall be kept clear of trash;
(b) Parking lot lights shall be illuminated during the evening business hours of
the surrounding commercial area;
(c) Commercial identification signs shall be removed and the space behind
them repainted or treated in an appropriate manner to maintain an
appearance consistent with the remainder of the building;
(d) Landscaped areas shall be kept clear of weeds and be properly
maintained;
(e) Buildings shall be kept in good condition (painted areas kept in good
condition, windows kept in good and clean condition, walls, and other
surfaces kept clear of graffiti and other staining elements, destruction
caused by vandals repaired, etc.); and
(f) Current contact information shall be posted.
187
ARTICLE 19A "HI -1" HIGHWAY INTERCHANGE DISTRICT106
Section 19A.1. Purpose
The HI -1 District is established to provide forthose uses allowed in the BL, BG,
PB, and 1R Districts. The HI -1 District is intended to include those lands closest to the
seventeen interchanges of the interstate highway system traversing Washington County.
All business and light industrial uses permitted in this Ordinance should be encouraged
to utilize those lands immediately surrounding the interchanges where there is ready
access to the interstate highway system.
Section 19A.2..Principal Permitted Uses'07
(a) All Principal Permitted Uses allowed in the BL, BG, PB Districts and all
Principal Permitted Uses in the IR District• except heliports and Commercial
Communications Towers.
Section 19A.3. Special Exception Uses (Requiring Board of Appeals Authorization
after Public Hearing)'"
(a) Building material sales and storage yards.
(b) Feed and grain sales.
(c) Animal hospitals, veterinary clinics, or. kennels with outside runways or
exercise areas shall comply with section 19:7 and the outside runways or
exercise areas shall be no less than 150 ftfrom any dwelling, church,
. school or institution for humancare not located on the same lot.
(d) Cemeteries, mausoleums, or memorial gardens.
(e) Petroleum products storage tanks. above ground.
(f) Any other use that the Board finds is functionally similar to any Principal
Permitted Use or Special Exception listed in the BL or BG Articles. The
108 Revision 6, Article 19A added 4/26/88 (RZ-383)
t07 Revision 11, Section 19A.2(a) amended 5/18199 (RZ-99-01)
708 Revision 9, Section 19A.3(h) added 8129/95 (RZ-94-08)
Revision 11,'Section 19A.3(i) added 5/18199 (RZ-99-01)
Revision 12, section 19A.3(f) and (g) amended 10121/01 (RZ-01-006)
Revision 12, Section 19A.3(c) amended 8/20102 (RZ-02-002)
Board shall not grant any special exception which is inconsistent with the
purpose set forth for this district, nor which will materially or adversely affect
the use of any adjacent or neighboring properties.
(g) Truck stops.
(h) Public utility buildings, structures or uses not considered essential utility
equipment, as defined in Article 28A.
(i) Commercial Communications Towers, subject to the requirements of
Section 4.22:
Section 19A.4 Accessory Uses
Uses and structures customarily accessory and incidental to any Principal
Permitted or Special Exception Use.
Section 19A.5 Site Plan Review109
All developmentin'the HI -1 District requires site plan review and approval'and an
approved Forest Stand Delineation and Forest Conservation Plan in accordance with
Section 4.11. The Commission shall apply the following general standards in the HI -I
District:
(a) Interchange access: First priority shall' be given to insuring safe and
uncongested access•to the interstate highways from all connecting roads.
Future ` as well as present traffic volumes shall be considered by the
Commission.. In the site plan review, the Planning Commission shall
consider the location and spacing of ingress and egress and shall not permit
them where'they were interfere with traffic movement 'onto the approach
ramps. Frontage roads may be required when deemed appropriate by the
Commission.
(b) Architectural and landscape' design: The Planning Commission shall give
special attention. to the visual appearance of the interchange area as seen
by motorists on the interstate highway and on the approach roads. Site plan
review shall consider the design and arrangement of buildings and
accessory structures, the signs, and the landscaping of the interchange
area.
Section 19A.6 Height Requirements
No structure may exceed seventy-five (75) feet in height 'except as provided in
Article 23.
109 Revision 7, Section 19A.5 amended 11/16/93 (RZ-93-10)
1."
Section 19A.7. Lot Area, Lot Width, and Yard Requirements1t0
(a) There is no minimum lot area in the HI -1 District, except in Section 19A.3(c);
it shall be a function of the required buffers, setbacks, and off-street parking
requirements.
(b) There is no minimum lot width in the HI -I District, except in
Sesction19A:3(c); it shall' also be determined as a function of the required
buffers, setbacks, and off-street parking requirements.
(c) Minimum yard requirements:
FRONT• SIDE REAR
All Principal, Special
Exception, and Accessory
BL, BO,,and I,R Uses 40 10* 10*
***Animal hospitals, : veterinary clinics, or kennels with outside runways or
exercise areas:
Lot Lot Front Side Rear
Area Width Yard Yard Yard
2 acres 200 ft. 50 ft. 50 ft. 50 ft.
***See' also Section 19A.3(c).
* Except as required in Section 19A.8.
* Except as required in Section 19A.3(c) and 19A.3(i).
Section 19A.8. Buffer Yards111
The area designated as a buffer yard may include any required side, rear, or
front yards.
(a) Where the adjoining lot is either zoned for or contains dwellings, hospitals,
nursing homes, schools, or other institutions for human care, there shall be a
75 foot buffer yard between the lot line and any area of the lot proposed for
use or development if .the allowed principal permitted use or special
exception use would be considered permitted because of its association with
110 Revision 11, Section 19A.7 amended 5/18199 (RZ-99-01)
Revision 12, Section 19A.7 amended 8/20102 (RZ-02-002)
111 Revision 7, Section 19A.8 amended 12/21/93 (RZ-93-07)
Revision 11, Section 19A.8(a) amended 7/29/97 (RZ-96-012)
190
an IR District. Perimeter screening. in the form of a solid fence, vegetative
screening or both as determined by the Planning Commission during the site
plan review shall be required for all IR uses. The vegetative screening shall
consist of tree species that shall be a minimum of ten (10) feet overall in
height and two (2) inch caliber at the time of planting. Trees shall be of a
species having an average mature spread of crown of a minimum of fifteen
(15) feet under normal growing conditions. The trees shall be planted and
spaced so as to create an opaque screen between the adjoining land uses.
Shrubs may be required to supplement the tree plantings to create the
opaque screen. A minimum of seven (7) trees per hundred linear feet of
perimeter buffer area shall be required. Where any of the. IR uses are across
a public road, the buffer yard shall be 50 feet between the use and the road
right-of-way and the Planning Commission may waive the perimeter
screening requirement.
Where the adjoining lot is either zoned for or contains dwellings, hospitals,
nursing homes, schools, or other institutions for human care, there shall be
a 25 foot buffer yard between the lot line and any area of the lot proposed
for use or development if the allowed principal permitted use or special
exception use would be considered permitted. because of its association with
a BL, BG, or PB District. Perimeter screening in the form of a solid fence,
vegetative screening or both as determined by the Planning Commission
during the site plan review shall be required for all BL, BG, and PB uses.
The vegetative screening shall be a minimum of ten (10) feet overall in
height and two (2) inch caliber at the time of planting. Trees shall be of a
species having an average mature spread of crown of a minimum ten (10)
feet under normal growing conditions. The trees shall be planted and
spaced so as to create an opaque screen between the adjoining land uses.
A minimum of ten (10) trees per hundred linear feet' of perimeter buffer area
shall be required. Where any of the BL,' BG o`r PB`uses are across a public
road the buffer yard and perimeter screening requirement may be waived by
the Planning Commission.
(b) Any outside storage of equipment, materials,' or goods, ' whether as a
principal use, a special exception, or an accessory use, shall also be
provided a buffer yard of 75 feet where dwellings, hospitals, nursing homes,
schools, or other institutions for human care are on an adjoining lot.
(c) Where the use on the adjoining lot is in the BT, BL, BG, 'IT or IR category,
the setback for equipment, 'materials, or goods heed be only 10 feet, but the
yard shall be either fenced or planted with evergreens or other suitable
vegetation that will provide a year-round screen for noise, light glare, or
other factors that may adversely affect neighboring properties.
(d) All buffer yards in the HI -I District shall be planted along the length of the
yard with evergreens or other suitable vegetation that will adequately
provide a year-round screen for noise, light glare, or other factors that may
adversely affect abutting properties. Fencing may be substituted for
vegetative screening. The Planning Commission, in its review of the site
191
plan, shall determine the required type, spacing, height, and planting
schedule for the screening based on the abutting uses, the type of stored
material, its storage height, its noise -generating characteristics, its light -
generating characteristics, and the hours of activity in the storage yard.
192
ARTICLE 19B - "HI -2" HIGHWAY INTERCHANGE, DISTRICT [DELETED]
[Repealed in its entirety 4/17/12, eff. 7/1/12 (RZ-10-005/ORD-2012-07)]
193
ARTICLE 19C - "SPECIAL ECONOMIC DEVELOPMENT DISTRICT"112
Section 19C.1. Purpose
The principal function of the Special Economic Development District is to provide
a mixed use zoning classification which will address land use compatibility associated
with the redevelopment and reuse of the Fort Ritchie Military Base. Because of the
nature of the facility and past developmental patterns, a mixed -use designation is
encouraged to optimize land use potential. In addition, the classification needs to be
extremely flexible with regard to bulk and area development requirements since existing
development patterns and reuse potential will reflect more of a town or campus
character than a rural or suburban perspective.
Section 19C.2. Principal Permitted Uses
Single Family Residential Units
Two Family Dwelling or Duplex
Multi -Family Residential Units including Apartments, Townhouses &
Condominiums
Alcohol Beverage Sales
Assisted Living Facility
Child or Adult Day Care Facilities
Conference Centers
Data Processing,Facilities,
Emergency Service Structures and Facilities
Financial Institutions
Golf Course, Country Clubs, Private Clubs and similar Recreation Uses
Health and Beauty Shops
Hospitals
Hotels, Boarding Houses, Nursing or Retirement Homes
Indoor Firing Range
Laundry or Dry Cleaning Store
Medical Clinics and/or Pharmacies
Mixed Use Building '
Museum, Arts Center or Tourism Entertainment Facility
Offices, Business and Professional
Parks and Recreational Facilities, Public or Private
Printing or Publishing Establishments
Public or Civic Buildings, Structures or Facilities
Radio, Television, and Film Studios or Recording Facilities
Religious Institutions
Research and Development Facilities
Restaurants & Taverns
Schools, Public or Private including College, Trade and Technical Institutions
Specialty Retail Shops
Theaters
1t2 Revision 14, Article 19C replaced in its entirety 7126105 (RZ-03-005)
194
Veterinary Hospital
Warehouses
Section 19C.3. Special Exception Uses
Factory for Manufacture and/or Assembly of Electronics, Communications,
Scientific, Photographic or Optical Products and/or Equipment.
Machine Shop
Military Communication, Training or Operations Support Facilities.
Commercial Communications Towers, subject to the. requirements of Section
4.22
Any other use that the Board of Appeals finds is functionally similar to any
principally permitted use or special exception listed in this Article, The Board of
Appeals shall not grant any special exception that is inconsistent with the
purpose set forth for this District.
Section 19C.4. Accessory Uses
Uses and structures customarily incidental and subordinate to any Principal
Permitted or Special Exception Use.
Section 19C.5. Height Regulations
No structure shall exceed fifty (50) feet, except as provided in Section 23.4.
Section 19C.6. Lot Area, Lot Width, and Yard Requirements
• Lot Area
Lot Width
*Front
Side
Rear
per unit
Yard
Yard
Yard
Dwelling,
10,000 sq. ft.
70 ft.
25 ft.
8 ft.
40 ft.
Single -Family
Dwelling,
6,250 sq. ft.
75 ft. `
25 ft.
8 ft. •
40 ft.
Two -Family
Dwelling, Semi-
6,250 sq. ft.
75 ft.
25 ft.
8 ft.
40 ft.
Detached
Dwelling, Multi-
3,600 sq. ft.
100 ft.
5 ft.
10 ft.
20 ft.
Famil
Mixed Use
2,500 sq. ft.
25 ft.
5 ft.
0 ft.*
20 ft.
Non -Residential
None
None
None •
None •
.. •• • •u CU QUJOLD,lt uu,,u,I lu of o it. a nut aaacneu to an aajacent ouuaing.
Section 19C.7. Design Standards
A. Maximum Building Coverage 70%
195
B. Minimum Non -Impervious Area 10%
C. Minimum Interior Yards 15 feet (Open space between buildings same lot)
D. Permeable areas of the site shall be landscaped.
E. A buffer yard of 75 feet including vegetative screening shall be maintained
between property containing dwellings, hospitals, nursing homes, schools, or
other institutions for human care that are located in a zoning district, other than a
special economic development district, or which abut a non-residential principal
permitted or special exception use in a special economic district.
F. Vegetative screening shall be a minimum of ten (10) feet overall in height and
two (2) inch caliber at the time of planting. Trees shall be of a species having an
average mature spread of crown of a minimum ten (10) feet under normal
growing conditions. The trees shall be planted and spaced so as to create an
opaque screen between the adjoining land uses. A minimum of ten (10) trees per
hundred linear feet of perimeter buffer area shall be required. Where any of the
non-residential uses are across a public road, the buffer yard and perimeter
screening requirement may be waived by the Planning Commission.
G. Any outside storage of equipment, materials, or goods, where as a principal use,
special exception, or as an accessory use, shall also provide a buffer yard of 75
feet and vegetative screening where dwellings, hospitals, nursing homes,
schools, or other institutions for human care are on an adjoining lot, whether
inside or outside of a special economic development district.
H. A site plan with, if applicable, an approved Forest Stand Delineation and Forest
Conservation Plan is required for all multi -family residential, nonresidential
principal uses, and special exception uses.
Play lots or tot lots may be required pursuant to Section 4.17 for residential
developments.
J. Multi -family and non-residential developments shall balance the functional
requirements of parking with the provision of pedestrian facilities. Construction of
new or extension of existing pedestrian facilities may be required by the Planning
Commission in order to enhance the mixed use characteristics of the district.
K. Provisions shall be made for storage and collection of refuse including recycling
of materials.
L. For purposes of this zoning classification "mixed use" shall refer to a combination
of residential or institutional and non-residential uses.
196
ARTICLE 20 "HP" HISTORIC PRESERVATION DISTRICT193
Section 20.0 Purpose
The purpose of the Historic Preservation District is to provide a mechanism for
the protection, enhancement and perpetuation of those significant historic structures,
sites and districts as defined in Section 20.7 in Washington County, which have
historical, architectural, archeological and cultural merit. The "HP" district is an overlay
zone meant to enhance, not substitute, for the existing zoning designation, that regulates
land use.
Districts established to reflect elements of cultural, social, economic, political or
architectural history are intended to:
(a) Safeguard the heritage of Washington County as embodied and reflected
in such structures, sites and districts;
(b) Stabilize and improve property values of such structures, sites and
districts and in Washington County generally;
(c) Foster civic pride in the beauty and. noble accomplishments of the past;
(d) Strengthen the economy of the County; and
(e) Promote.the preservation and appreciation of historic structures, sites and
districts for the education, and welfare of the residents of. Washington
County.
Section 20.1 Historic District Commission Created
Pursuant to the authority granted to Washington County in Article 66B, Section
801 et. seq. of the Annotated Code of Maryland, there is hereby created the "Historic
District Commission of Washington County, Maryland." For the purposes of this article
only, it shall be referred to.as "the Commission."
(a) Number of Members: The. Commission shall consist of seven (7)
• members 'appointed by the Board of County Commissioners. Each
member must be a resident of Washington County.
(b) Professional Members: The Commission shall have at least two (2)
members who possess professional or academic training in architecture,
history, architectural history or archeology in accordance with 36CFR61.
A good -faith effort to locate and appoint such professionals, to the extent
that they are available in the community, will be made, and
documentation as to how this effort. was accomplished shall be kept
among the Commission's records.
1t3 Revision 14, Article 20 replaced in its entirety 7/26/05 (RZ-03-005)
197
(c) Qualifications of members: All commission members must possess a
demonstrated special interest, specific knowledge or professional or
academic training in such fields as architecture, history, architectural
history, planning, cultural anthropology, prehistoric and historic
archeology, folklore, curation, conservation, landscape architecture,
historic preservation, urban design or related disciplines.
(d) Diversity: All Commission members shall be selected to represent the
geographical, social, economic and cultural concerns of the residents of
Washington County.
(e) Term: Members of the Commission shall serve for three-year terms,
which terms shall be staggered. Members shall be eligible for
reappointment for a second full term:
(f) Vacancy: Any vacancyin the membership' of the Commission shall be
filled within sixty days in the same' manner a's provided in (b) and (c)
above.
(g) Removal: A member may be removed" by the Board of County
Commissioners in the best interest of. the citizens of Washington County
' for inefficiency, neglect of duty or malfeasance in office.
Section 20.2 Regulations
The Commission shall adopt such rules, regulations and by-laws as necessary
for the proper transaction of the business of the Commission.
(a) Meetings: The Commission shall hold such regular meetings, which, in
its discretion, are necessary to discharge its duties. The meetings'shall be
open to the public. Any interested person or representative is entitled to
appear and be heard by the Commission before it reaches a.decision on
any "matter. The Commission shall maintain an open record of its
resolutions, proceedings, and actions,' which shall be kept available for
public inspection during reasonable business hours:
(b) Staff: There may be appointed and assigned to the Commission such
employees, and the Board of County Commissioners shall make available
to the Commission, such services and"facilities'of the County, as are
necessary or appropriate for the proper performances of its duties.
Section 20.3 Historic District Commission Duties & Powers
(a) The Commission shall act upon all applications as 'required by Section
20.6, Historic Preservation district, Section 5D.4, Rural Village District and
Article 20A, Antietam Overlay District of this Ordinance.
(b) The Commission shall review any legislation, applications for zoning text
or map amendment, special exception, variance, site plan or subdivision
applications and other proposals affecting historic preservation, including
preparation and amendment of master plans, and may make
recommendations thereon to the appropriate authorities;
(c) The Commission shall recommend programs and legislation to the Board
of County Commissioners and the Planning Commission to encourage
historic preservation.
(d) The Commission shall serve as a clearinghouse for information on
historic preservation for county government, individuals, citizens'
associations, historical societies, and local advisory committees; provide
information and educational materials for the public; and undertake
activities to advance the goals of historic preservation in Washington
County.
(e) The Commission sh'ail, advise and participate in the development of
additional duties or standards to be added to this Ordinance in pursuit of
the stated purpose of Section 20:d. `Specifically, additional criteria may be
developed by the Historic District'Commission to be used in its review of
building permits applications,as specified in Section 20.6.
(f) The Commission shall prepare; adopt, publish and amend as necessary
additional guidelines tospgcify,the information it requires in the form of
scale drawings, renderings or photographs, materials, specifications, etc.
in order to adequately review and rule on applications for establishment of
"HP" zones and building permits. These guidelines shall be made
available to the public at all times.
(g) The Commission shall. oversee the maintenance and updating of the
inventory of the Washington County. Historic:Sites Survey.
Section 20.4 Establishm' ent of "HP" Zones
The "HP" District is an overlay zone that indicates the presence of an historic
site, structure or district, which has been or will be judged to be of significance to the
heritage of Washington County. The overlay zone is also a mechanism to monitor and
regulate building activities in the "HP" District. As an overlay, zone, the "HP" District
imposes additional guidelines during the construction or modification of new or existing
structures on the subject property. These criteria are in addition to the conventional
underlying land use zone. The "HP" overlay zone shall be in no way construed to limit or
modify the permitted uses of the underlying zone.
(a) Any property owner may petition the Board of County Commissioners to
amend the zoning maps and establish an "HP" overlay zone on his or her
property. The Board of County Commissioners may also initiate
establishment of an "HP" overlay zone with the consent of all property
owners involved. The HP overlay zone shall not be placed on any lands
encumbered by agricultural preservation districts or easements as
described and regulated in C.O.M.A,R. 15.01.01.06. (The regulations of
the Maryland Agricultural Land Preservation Program).
(b) Applications formap amendments to establish "HP" overlay zones shall
be subject to the procedures noted in Article 27 - "Amendments", with the
following exceptions:
Since the "HP" designation is an overlay zone and the existing
underlying zone will continue to control the land use, it is not
necessary to prove, during the amendment proceedings, that a
change in the character of the neighborhood or a mistake in the
original zoning has occurred.
2. The request for map amendment must .be accompanied by the
following in addition to the data required in Article 27.
a. A scale drawing, as defined , in Section 20.7(b), of the
subject property boundaries indicating the location of all
improvements including significant topographic features
and landscaping.
b. Documentation of the• historical data, that makes the
property an ,appropriate candidate for the "HP" overlay.
The data shalt address the criteria stated in Section 20.5
as well as the purpose noted in Section 20.0.
Thedocumentation shall include specific dates, names,
materials, and descriptions of methods and the sources
consulted to verify the information provided.
3. The extent of the HP zones shall be limited to the significant
structure and the immediate surrounding area, generally on the
same parcel of land. HP zones shall not be approved on large
areas of unoccupied lands.
Section 20.5 Criteria for Establishment of an "HP" Overlay Zone
The Planning Commission and the Board of County Commissioners shall
consider the following criteria as applicable in their review of an application for an "HP"
overlay zone.
(a) If the historic resource meets any of the criteria noted below or if it is
listed in either the Maryland Historical Trust's Inventory of Historic Sites or
the National Register of Historic Places, it may be classified as an historic
structure, site or district.
200
(b) Historical and Cultural Significance
1. The historic resource should have significant character, interest,
or value as part of the development, heritage, or cultural
characteristics of the county, state, or nation;
2. The historic resource could be the site of a significant historic
event;
3. The historic resource should be identified with a person or a group
of persons who influenced society; or
4. The historic resource exemplifies the cultural, economic, social,
political, or historic heritage of the County and its communities.
(c) Architectural and Design Significance
1. The historic resource embodies the distinctive characteristics of a
type, period, or method of construction or architecture;
2. The historic resource represents the work of a master artisan,
architect or builder;
3. The historic resource possesses high artistic value;
4. The historic resource represents a, significant, and distinguishable
entity whose components may.lack individual distinction;
5. The historic resource represents an. established and familiar visual
feature of the neighborhood, community, or County, due to its
singular physical characteristics, landscape or historical event.
6. The historic resource is the only example ever existing or
remaining of a particular period,style, and material or construction
technique.
Section 20.6 Activity Within an "HP" Zone
In the "HP" District, any activity which requires the issuance of a building permit
according to the currently adopted Washington County Building Code and subsequent
amendments as adopted for use in Washington County and the procedures of the
Department of Permits and Inspections shall be subject to review, approval or
disapproval by the Historic District Commission of Washington County. Such activity can
include but is not limited to construction, reconstruction, relocation, restoration,
rehabilitation, modification, enlargement, conversion or demolition of all or any portion of
the exterior features of the subject site, structure or district..
201
The purpose and intent of this Section
the review of the appropriateness of proposed
application procedure.
is to provide an additional mechanism for
activity, not to change the building permit
Nothing in this Section shall be construed to exempt any activity from the
requirement of a building permit or require a permit where one would not normally be
needed, if the structure were not in an "HP" zone. The Commission shall develop and
make available to all interested" parties guidelines for activities constituting ordinary
maintenance, and shall provide these guidelines to each applicant for an "HP" overlay
zone.
The Commission shall consider only exterior features of a structure which would
affect the historic, archeological, or architectural significance of the site or structure, any
portion of which is visible or intended to be visible from a public way, and shall not
consider: any interior arrangements; although interior changes may still be subject to
building permit procedures.
All permits as required above shall be transmitted to the Commission by the
Department'of Permits apd Inspections.
The Commission shall, render a decision on a completed application within 45
days of receipt of the completedapplication. Failure to act within the specified time
period shall be considered an approval of the application by the Commission. The 45 -
day review period may be extended upon agreement by the Commission and the
applicant.
(a) The permit aplilication shall be approved. by the Commission if it is
consistent with the following criteria:
1. The proposal .does not substantially alter the exterior features of
the structure
2. The proposal is compatible in character and nature with the
historical, archeological, architectural or cultural features of the
site, structure or 'district' and would not be detrimental to
achievement of the purposes of this Article.
3. The proposal would enhance or aid in the protection, preservation
and public or private utilization of the site or structure, in a manner
compatible with its historical, archeological, architectural or
cultural value:
4. The proposal 'is necessary in order that unsafe conditions or
health hazards be remedied.
5. The "Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings" and subsequent
revisions are to be used as guidance only and are not to be
considered mandatory.
202
(b) In reviewing the plans for any such construction or change, the
Commission shall give consideration to and not disapprove an application
except with respect to the factors specified below.
1. The historic or architectural value and significance of the site or
structure and its relationship to the historic or architectural value
and significance of the surrounding area.
2. The relationship of the exterior architectural features of the
structure. to the remainder of the structure and to the surrounding
area.
3. The general compatibility of exterior design, scale, proportion,
arrangement, texture, and materials proposed to be used.
4. Any other factors including aesthetic factors, which the Commission
deems to be pertinent,
• (c) The Commission shall be strict in its Judgment of plans for those structures,
sites or districts deemed to be valuable according to studies performed for
districts of historic or architectural value. The, Commission shall be lenient in
its judgment of plans involving new construction, unless such plans would
seriously Impair the historic or architectural value of surrounding structures
or the surrounding area.
(d) The Commission shall deny a permit if it finds, based on evidence and
information presented to or before the Commission, that the alteration for
which the permit is sought would be inappropriate or inconsistent with, (a),
(b) or (c) above, or detrimental to the preservation, enhancement, or ultimate
protection of the historic structure site or district or the purpose of this Article
J - • • as stated in Section 20.0. The use of the Secretary of the Interior's
"Standards" rioted in §20.6(a)(5) above is advisory only and not mandatory.
1.' If the Commission determines that the permit should be denied, it shall
provide a written statement of the basis for denial with specific
references to the goals of this Article. The Commission may also, at its
discretion, provide the applicant with suggestions or recommendations
for revisions to the proposal.
2. A building permit shall not be issued if the Commission has disapproved
the application.
3. Nothing shall prevent the applicant from modifying the permit application
to address suggestions made by the Commission to meet the purpose
of this Article.
203
(e) It is not the intent of this Section, nor is the Commission required, to limit
new construction, alteration or repairs to any one period of architectural
style.
Section 20.7 Definitions
(a) For the purpose of this article, the term "structure" shall mean a combination
of materials to form a construction that is stable, the use of which requires
fixed location on the ground including among other things, buildings, -tanks
and towers, trestles, piers, bridges, paving, bulkheads loading docks,
smokestacks, cranes, booms, sheds, coal bins, shelters, fences, walls and
display signs; the term "structure" shall be construed as if followed by the
words "or part thereof."
(b) For the purpose of this article, the term "scale drawing" shall mean a scale
drawing is a graphic representation of the location of all the significant
features included within the boundaries of the historic site or district.
The drawing should be "to scale", i.e. the features on the ground are
reduced from their actual size according to a specific and constant ratio
between the real distances shown on paper. (For example, 100 feet of
distance on the ground is equal to 1 inch on the paper, or 1"=100'.) The
drawing should include accurate property boundaries plotted either from a
deed or field survey. All existing buildings should be shown in their correct
relationship to each other and the property lines. ' Driveways, septic areas,
wells, large trees, and any other significant feature of the landscape should
also be shown.
Drawingsof the site shall be drawn using an engineer's scale of at least •
1"=40'. Drawings of the, building or other structural improvements shall be
drawn using an architect's scale of at least 1/8"=1'.
(c) For the purpose of this article,the term "site" shall mean all that space of
grounds and structures thereon which surrounds an historic resource and to
which it relates physically, and/or visually. Site shall. include, but not be
limited to walkways, and driveways (whether paved or not), vegetation
(including trees; garden, lawns), rocks pasture,., cropland and waterways.
This includes historical open spaces, e.g., setbacks, parks and public
squares.
Section 20.8 Appeals
Any person aggrieved by a decision of the Commission may appeal to the Board
of Appeals by filing a notice of appeal with the Permits and Inspections Department
within 30 days from the date of the Commission's decision, which appeal shall be based
upon the record of the proceedings before the Commission.
204
ARTICLE 20A - "AO" ANTIETAM OVERLAY DISTRICT114
Section 20A.0 Purpose
The purpose of the Antietam Overlay District is to provide mechanisms for the
protection of significant historic structures and land areas by requiring development and
land subdivision to occur in a manner that 1) preserves the existing quality of the
viewshed of the Antietam Battlefield, and 2) ensures that development of certain lands
adjacent to the major roads which provide public access to the Antietam Battlefield (i.e.,
Maryland Routes 34 and 65) is compatible with the agricultural and historic character of
the area. The "AO" District is an overlay zone meant to enhance, not substitute for the
existing underlying zoning designation, which regulates land use.
Section 20A.1 Regulations
(a) Subdistricts Established and Areas Delineated
1. The Antietam Overlay District is comprised of these subdistricts: The
Battlefield Buffer (AO -1), the Approach Zones (AO -2), and the Red Hill
Area (AO -3).
2. Lands zoned AO -1 (Battlefield Buffer) and AO -3 (Red Hill Area) are
situated within the Battlefield Foreground and., Red Hill Middleground,
respectively, of the Antietam Viewshed, as determined by the National
Park Service and documented in its April 1988 technical study entitled
Analysis of the Visible Landscape: Antietam. 'The boundaries of the
AO -1 and. AO -3 zones conform to property boundaries except where
manmade or natural features provide suitable boundaries.
3. Lands zoned AO -2 (Approach Zones) are situated within 1000 feet of the
centerline of certain road segments, and do not necessarily conform to
property boundaries. The length' of the AO -2 (Approach Zones) are as
shown on the zoning maps.
Section 20A.2 AO -1 Battlefield Buffer Regulation
(a) The regulations and criteria in this subsection are in addition to the
conventional underlying zoning which regulates land, use.
(b) The following additional regulation shall apply:
The exterior appearance of all uses, unless otherwise exempted by County
Ordinance, shall automatically be subject to the provisions of Article 20,
Historic Preservation District, and Section 20.6.
114 Revision 14, Article 20A replaced in its entirety 7/26/05 (RZ-03-005)
205
Section 20A.3 AO -2 Approach Zone Regulations
(a) The regulations and criteria in this subsection are in addition to the
conventional underlying zoning which regulates land use.
(b) The exterior appearance of all commercial and nonresidential uses
excluding all farm structures shall be subject to the provisions of Article 20,
Historic Preservation District, and Section 20.6.
Section 20A.4 AO -3 Red Hill Area
(a) The . regulations and criteria in this subsection are in addition to the
conventional underlying zoning which regulates land use.
(b) Prior to any tree cutting activity in the AO -3 Zone which is not associated
with development of or construction on the property, a Forestry Management
Plan, as prepared by Maryland Department of Natural Resources - Forest,
Park and Wildlife Service, or a Registered Professional Forester and
approved by the Forest, Park and Wildlife Service, .must be submitted to the
Planning Department. (Thecutting of firewood and dead trees for personal
use shall be permitted). Subsequent cutting of trees on the property shall be
in accordance with the Forestry Management Plan. The plan will be kept on
file with the Planning Department.
A declaration of intent shall be filed with the Planning Department for tree
harvesting activities in accordance with the Washington County Forest
Conservation Ordinance.
Unless exempt, all tree cutting relating to development of a property within
the Antietam Overlay District shall be in accordance with an approved
Forest Conservation Plan.
• 1. Tree removal, which is inconsistent with the Forestry Management Plan,
is subject to the enforcement provisions included in Article 26 of the
Ordinance with the exception that the offense shall not continue beyond
the original cutting of each tree.
2. The property owner will be required to replace any trees cut
inconsistently with the Forestry Management Plan with a similar or
compatible variety.
(c) The Zoning Administrator shall review applications for building permits, site
plans and zoning certifications with respect to the cutting of trees, and may
impose limitations on the number, location, and distribution of trees
proposed for removal in order to minimize negative impact on viewshed
quality. The Zoning Administrator shall use the guidelines in Section 20A.4(f)
in deciding the disposition of the requested building permit, site plan or
zoning certification.
t
r1.
(d) The Board of Appeals shall review applications for variances, expansion of
non -conforming uses, and special exceptions with respect to the cutting of
trees, and may impose limitations on the number, location, and distribution
of trees proposed for removal in order to minimize negative impact on
viewshed quality. The Board of Appeals shall use the guidelines in Section
20A.4(f) in deciding the disposition of the requested variance, expansion of
nonconforming use or special exception.
(e) The Planning Commission shall review site plan and subdivision applications
with respect to the cutting of trees; and may impose limitations on the
number, location, and distribution of trees proposed for removal in order to
minimize negative impact on viewshed quality. The Planning Commission
shall use the guidelines in Section 20A.4(f) in deciding the disposition of the
site plan or subdivision request.
(f) All tree cutting activity which is done for the purpose of, or is related to,
development of a property in the AO -3 Overlay District shall be subject to
the following guidelines:
1. During site development, minimum tree cutting is permitted to allow
construction of an access and driveway, related parking areas, a
dwelling, related accessory structures and required septic disposal
system.
2. Additional tree cutting on the site during development is permitted within
35' of the dwelling and related accessory structures.
3. Where possible and practical, property owners are encouraged to
maintain as much of the existing tree cover as possible within the 35
foot area to preserve the existing quality of the Antietam Battlefield
Viewshed.
4. Tree cutting on the remainder of the site, not covered in 1-3 above, is
subject to the following requirements:
a. Prior to the cutting of trees on the remainder of the site, the
property owner must have prepared by the Maryland Department of
Natural Resources Forest, Park and Wildlife Service or a
Registered Professional Forester and approved by the Forest, Park
and Wildlife Service a Forest Management Plan, the goal of which
is to preserve the quality of the Antietam Battlefield Viewshed. (The
cutting of firewood and dead trees for personal use shall be
permitted)
b. Cutting of trees outside the area measuring 35' from the dwelling as
described in (2) above is permitted only according to the selection
and timing contained in the Forestry Management Plan with the
exception of (c) below.
207
c. Any tree of a height, which has the potential to cause damage to
the dwelling if it were to fall due to natural causes (disease or insect
infestation, wind, lightning, erosion, etc.), may be removed.
(g) Applications submitted for subdivisions, site plans, special exceptions,
expansion of non -conforming use building permits, zoning certifications or
variances on land. zoned. AO-3shall be accompanied by scale drawings
which indicate the locations of structures and the areas where trees are
proposed for removal. Any other material,.which would assist in determining
the existing and proposed conditions of.the subject site, may be submitted.
(h) Tree removal, which is inconsistent with .the standards specified above
including the Forestry Management Plan, is, subject to the enforcement
provisions included in Article 26 of this Ordinance with the exception that the
offense shall not continue beyond the original cutting of each tree.
(i) The property owner will be required to replace any trees cut inconsistently
with the Forestry Management Plan with a siniiier or compatible variety.
Section 20A.5 Establishment of "AO" Zone
An area may be zoned "AO" by request of the property owner or by
comprehensive zoning, and only upon findings of fact by, the County Commissioners
that:
(a) The area. falls within the viewshed of Antietam Battlefield and that the
exterior appearance of development in the area has significant potential to
diminish the existing quality of the viewshed; or
(b) The area falls within 1000 feet of the.centerlin"e of the segment of a major
road which provides public access to Antietam Battlefield, and that the
exterior appearance of development in the area'has significant potential to
detrimentally, affect the public's use, enjoyment, and appreciation of the
Antietam Battlefield, or may otherwise impair the, integrity of the Battlefield.
Section 20A.6 Appeals.
Decisions rendered. under Article 20A may b'e. appealed according to the
guidelines of Article 25 - Board of Appeals.
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ARTICLE 21 "AP" AIRPORT DISTRICT115
Section 21.0 Purpose
The four (4) Airport District zoning designations are established to provide a safe
environment for airport operations and surrounding land uses. They are also intended to
promote Hagerstown Regional Airport (Airport) as an economic development resource
and to permit land uses which would benefit from or have a need to be located in
proximity to a source of air transportation or a related business. They are established to
monitor and prevent creation of uses or structures near or adjacent to the Airport which
would result in a detriment or hazard to aircraft operations.
Section 21.1 Airport Districts
The four (4) Airport Districts are:
(a) AP/C Airport Clear Zone - An overlay district that places height restrictions
on Uses permitted" by the 'underlying district. This zone also prevents
construction of buildings within a designated area at the end of an airport
runway. The purpose of the AP/C District is to prevent the creation of
obstructions to air:traffic:
(b) . AP/O - Airport Overlay Zone - This district is intended to reduce the limiting
effects on Airport operations' and Improvements that Incompatible residential
development can create. This overlay district limits the density of residential
development Within its boundaries. The overlay has different requirements
determined bylocation in, the, Urban GrowArea or the Rural Area as
designated b)! the G,omprehensive Plan.
(c) AP - Airport District A traditional zoning classification which regulates
land use,...
(d) AP/HW, '- Airport Hazardous Wildlife Attractant Management District -
An area that is defined by and adheres to the, principles, guidance, and
recommendations contained in Federal Aviation Administration (FAA)
Advisory, Circular (AC) No..,. 150/5200-33B (or latest revision) Hazardous
Wildlife Attractants on or Near Airports (FAA AC No. 150/5200-33B). This
district provides a mechanismto advise the Airport managing authority and
the Planning Commission' of land use changes near the Airport in order to
implement the recommendations of the above -referenced FAA AC No. 150-
5200-33B.
Section 21.2 AP/C Airport Clear Zone.
(a) The Airport Clear Zone is established to prevent the creation of obstructions
or hazards to air navigation near the Hagerstown Regional Airport.
t15 Revision 17, Article 21 deleted and replaced, 4/17/12, eff. 7/1112 (RZ-10.005/ORD-2012-07)
209
(b) The zone is a series of three dimensional imaginary surfaces based on the
established Airport elevation and FAA part 77.25 (Civil Airport Imaginary
Surfaces).
• (c) The limits of the AP/C zone are shown on the Official Zoning Maps of
Washington County as referenced in Section 3.1 by a combination of lines
indicating horizontal limits and elevations and slope ratios indicating vertical
limits.
(d) No object, natural or man-made, shall be permitted to encroach upon the
Clear Zone as referenced in (c) above.
(e) All applications for permits for construction.on.lands underlying the Clear
Zone shall state the finished elevation of'the proposed structure based on
existing ground elevation above sea level computed from a source
compatible with the established Airport Elevation.
(f) Within the AP/C Zone, there are areas at the ends of runways where
construction, is limited.
1. Nopermit shall be issued for the construction ofany new structure
within an area seven hundred fifty ' (750) feet on either side of the
extended centerline of runways 09/27 (east/west) for a distance of three
thousand (3,000) feet from the end of the existing or proposed runways'
threshold:
2. No permit shall be issued for the construction ofany new structure
within an area two hundreci,fifty (250)feetoneithe't side of the extended
centerline of runways 02/20 (north/south) for a distance of one thousand
(1,000) feet from the end of the existing or proposed runways' threshold.
3. Paragraph (1) above shall not apply to applications for the alteration,
modification, or expansion of existing structures in accordance with the
guidelines of the underlying district.' Expansions of existing structures
shall be limited to thirty-five (35) percent of the existing floor space.
4. No sign shall be placed on land underlying the .AP/C Zone which
contains flashing or rotating lights or lights of changing intensity or color
or any other device that could be confused with airport navigational aids.
5. Any existing lot of record which is determined_ to be unusable due to the
restrictions of paragraphs I or 2 above shall be permitted one (1)
principal structure and accessory buildings in accordance with the
requirements of the underlying' zoning district.
(g) From time to time, the Imaginary Surfaces referenced above may be
changed to accommodate a change or expansion of flight patterns at the
Airport or to reflect changes in governing FAA regulations. The limits of the
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Clear Zone may be changed on the Official Zoning Maps administratively
without the need for additional rezoning hearings.
(h) Under no circumstances shall the Board of Appeals grant a variance from
the height restrictions of the AP/C Zone described in Section 21.2.
Section 21.3 AP/O - Airport Overlay
(a) The district boundaries encompass the area of typical traffic patterns and
the area most often over flown and therefore most often impacted by
aircraft approaching and departing Hagerstown Regional Airport.
(b) Boundaries - The boundaries of the Airport Overlay District are set at
seven thousand (7,000) feet from and parallel to both sides of the centerline
of runway 9/27 and a distance of seven thousand (7,000) feet from and
perpendicular to the ends of Runway 9-27 at the Hagerstown Regional
Airport.
(c) Urban Growth Area - In the AP/O' District in the Urban Growth Area
designated by the adopted Washington County Comprehensive Plan,
mixed use districts MXR, MXC, or MXE are hot permitted.
(d) Rural Areas - In the AP/P' District in the Rural Area designated by the
adopted Washington County Comprehensive Plan, the density of residential
development shall be limited to no more than one (1.) dwelling unit per fifty
(50) acres of land owned. Exemption lots as described in Section 5A.4,
5B 4, or 5C.4 of this Ordinance are not permitted.
(e) Advisories - All subdivision' plats and site plans that are approved for
development within the AP/O District shall contain prominent notations that:
1. Advise future owners of the affected property that it is located within the
AP/O District and may be subject to effects and limitations relating to
aircraft operations; and
2. Contain recommendations for additional insulation and other sound
deadening measures for residential construction.
(f) Appeals - In the deliberation on any appeal to the requirements of the
AP/O District, the Board of Appeals shall consider the purpose of the AP/O
District to reduce the limiting effects of residential development and seek
input from the Airport Director or managing authority prior to making a
decision.
Section 21.4 AP - Airport District
The Airport District is a traditional land use zoning classification. It will specify
permitted as well as prohibited uses and guidelines to be followed in the development of
properties in the AP zone. It is designed to accommodate all aspects of Airport
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operations, permit uses that rely on proximity to the Airport, permit uses that provide
services to or need services from the Airport, and limit incompatible uses that may
interfere with daily Airport operations.
Section 21.41 Principal• Permitted Uses
(a) Aircraft or aircraft parts manufacturing.
(b) Uses required for Airport operations, support services, or uses that depend
on proximity to air transportation facilities, including.but not limited to:
Airports, including but not limited to, runways, taxiways, terminals, storage
and,..;repair, garages and hangars,, tie -downs, fuel storage and fueling
facilities, contrpl towers, navigational aids, weather data collection devices,
aircraft and vehicular parking, lighting, pilot comfort services, and other uses
and structures necessary for the day-to-day operation of a commercial
airport.
,Establishments,.providing aircraft -related services such as engine repair,
bodywork, aircraft design, and sales of aircraft, and aircraft -related
equipment and services.
Establishments providing air transportation -related services such as travel
agencies, auto rentals, and taxi stands.
Schools for the trainin of pilots, navigators,, air traffic controllers, flight
attendants,, travel agents, mechanics, transportation security and law
enforcement personnel, and other air transportation -related professions
(other non -related school. type establishments are specifically prohibited).
Air freight handlers, including customer receiving areas, distribution centers,
and warehousing.
Hotels, motels, and other temporary lodging arrangements that may also
include on -site amenities such ` as restaurants, meeting or convention
facilities,, entertainment, or recreation facilities.
(c) Uses of a light industrial nature including, but not limited to the following:
Aircraft and personnel operations necessary to the production of aerial
photography or satellite imagery.
Office buildings.
Manufacture and assembly of electrical appliances, electronics, monitoring
and communication equipment, professional, scientific and controlling
instruments, and photographic and optical products.
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Manufacturing, compounding, assembly or treatment of articles or
merchandise from previously -prepared materials such as bone, cloth, fur,
cork, fiber, canvas, leather, cellophane, paper, glass, plastics, horn, stone,
shells, tobacco, wax, textiles, yarns, wood and metals, including light steel or
other light metals, light metal mesh, pipe, rods, shapes, strips, wire or similar
component parts.'
Manufacture of musical instruments, novelties, and molded rubber products,
including manufacture, recapping, and treading. Manufacture of pottery or
other similar ceramic products using only previously -pulverized clay and
kilns fired only by electricity or gas.
Laboratories, chemical, physical, and biological.
Clothing and shoe manufacture.
Research and development facilities as defined in Article 28A.
Office buildings for services oriented to the needs of other industries located
in the Airport vicinity or for the local community, such as offices for doctors,
medical clinics or laboratories, engineers, banks, data processing centers,
and post offices.
Wholesale warehousing establishments where no retail sales are permitted.
Truck terminals or warehouses.
Heliports, subject to the standards recommended by the Federal Aviation
Agency.
(d) Agriculture, as defined in Article 28A, including animal husbandry facilities,
as defined in Article 28A, which shall be subject to the requirements set forth
in Article 22, Division IX. Agricultural activities may be limited when they
present limitations or hazards to airport operations or compromise air traffic
safety, such as intrusions into protected air space, prohibited uses described
in Section. 21.43, or as they may be affected by the. implementation of
guidance or recommendations from the Airport Director or managing
authority according to FAA AC No. 15075200-33B (or latest revision).
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Section 21.42 Special Exception Uses (Requiring Board Authorization After Public
Hearing)11'
• (a) Any other use that the Board finds is functionally similar to any principal
permitted use listed in this Article. The Board shall not grant any special
exception which is inconsistent with the purpose set forth for this District, nor
which will materially or adversely affect the use of any adjacent or
neighboring properties.
(b) In its consideration of special exception uses in the AP District, the Board
shall receive written input from the Airport Director, an appointed
representative, or other Airport managing authority with regard to the
appropriateness of locating the requested use adjacent to the airport.
(c) Public utility buildings, structures or uses not considered essential utility
equipment, as defined in Article 28A.
(d) Commercial Communications Towers, subject to the standards
recommended by the Federal Aviation Administration and the requirements
of Section 4.22.
(e) Solar Energy Generating Systems in accordance with Section 4.26.
Section 21.43 Prohibited Uses117
The following uses are prohibited in the AP District:
(a) Uses first allowed in the IG, Industrial, General District, except for aircraft
manufacturing.
(b) Any use which creates dust, smoke, steam, or other airborne fumes or
vapors or particles which could present an obstruction to visibility.
(c) Any use which presents the possibility of bird strike hazards such as those
uses described in FAA AC No. 150/5200-33B
(d) Any use which would create atmospheric disturbance of radio
communications between aircraft and the control tower.
(e) Signs, Outdoor Advertising, except for Airport directional purposes and
Airport -related facilities.
11s Revision 17, Section 21.42 amended (RZ-13-002/ORD-2013-25)
117 Revision 17, Section 21.43 amended, (RZ-13-002/ORD-2013-25)
214
Section 21.44 Accessory Uses
Uses and structures customarily accessory and incidental to a principal permitted
use or authorized special exception use.
Section 21.45 Height Regulations
(a) No building in the Airport District may exceed 50 feet in height except as
provided in Section 23.4 of this Ordinance, and in no case may any structure
exceed the height limitations imposed by the AP/C Zone established in
Section 21.2 of this Ordinance and federal guidelines contained in FAA Part
77.25.
Section 21.46 Design Standards
All airports shall be designed, constructed, maintained; and utilized so that they
shall comply with all federal and state regulations pertaining to such operations; and it
shall be utilized in accordance therewith.
Design standards for development in the Airport District are the same as those
specified for a Planned Industrial District, as modified below.
(a) Parking and Loading Facilities
1. There shall be provided for in each plan sufficient space for off-street
parking and storage of vehicles for, personnel. Parking facilities shall
comply with the standards contained in Article 22, Division I.
2. All uses shall provide an appropriately -sized area for parking vehicles
to load and unload goods and materials. The designated loading area
shall not be located where it will interfere with the flow of traffic in the
parking lot or on adjacent public or private streets. Loading areas
shall be provided in accordance with the regulations and guidelines
contained in Article 22, Division I.
3. Owners and tenants are encouraged to utilize shared parking facilities
where appropriate in accordance with the guidelines contained in
Article 22, Division I and when- approved by the Planning
Commission.
(b) Outdoor Storage
No outdoor storage shall be permitted in the front yard of any
operation permitted by this Article. Front yards shall be defined as the
area facing the major highway or artery in the immediate vicinity,
whether adjacent or nearby. If it is indeterminable from this factor,
then what would ordinarily be considered the front of the major
structure would be considered the front portion of the yard and/or
operation.
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2. Any outside material storage yards shall include a fence or a dense
screen planting of trees, shrubs, or other plant materials, or both, to
the full length of the outdoor storage area to serve as a barrier to
visibility, air borne particles, glare, or noise. Such screen planting
shall be accordance with the following requirements:
i. Plant materials used in the screen planting shall be of such
species and size as will produce a complete visual screen at a
height appropriate for the material being screened.
ii. A fence, when erected as a screen, shall be of a height
appropriate for the material being screened and shall be placed
no closer than three (3) feet from any street or property line.
iii. The screen planting shall be placed so that at maturity it will be
no closer than ten (10) feet from any street or property line.
iv. No structure, fence, planting, or other obstruction shall be
permitted which would interfere with traffic visibility across the
corner of a lot or at access driveways within a required clear
sight triangle. Such clear sight triangle shall be maintained in
the area between a plane two (2) feet above curb level and a
plane seven (7) feet above curb level.
IF
V The screen planting or fence shall be broken only at points of
vehicularor pedestrian access.
vi. The screening materials shall be maintained in order to insure
that the screening effect is in place at all times.
vii. All screen planting materials shall comply with all height
limitations contained in this Article.
(c) Building Appearance, Location, and Landscaping
1. Drawings or photographs of the proposed architectural treatment of
the proposed buildings on the site shall be provided with the site plan
to assist the Planning Commission in visualizing the ultimate site
appearance.
High -quality architectural designs can mitigate the perceived impact
of industrial or commercial structures and uses and can create a
positive impression of the site occupant and the Washington County,
Maryland community. Designers of buildings in the Airport District are
encouraged to employ the following guidelines in building siting and
design.
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2. Site Considerations
i. Utilize to the greatest degree possible existing site features
such as topography, orientation, tree cover, and existing
structures.
ii. Create an individual and cohesive site identity that is also
compatible with adjacent properties and structures.
iii. Any part of a lot not used for buildings, parking, loading,
driveways, outside storage, or walkways shall be planted with
grass or other ground cover, trees, shrubs, and/or flowers and
shall be properly maintained at all times. A landscaping plan
shall be included with each site plan and shall be consistent
with the guidelines contained in Article 22, Division XI, and with
all other guidelines of this Article designed to provide a safe
environment for aircraft operations.
3. Buildings
I. Apply consistent design principles on all buildings and
structures on the site to create unity.
ii. Apply design principles on all building facades and surfaces,
not just the front.
iii. Create visual interest and minimize bulk with architectural
designs that include varied but complementary building
materials, surface treatments, textures, varying roof and wall
planes, color, and window and door arrangement:
iv. Industrial and commercial buildings shall be constructed of high
quality natural materials finished in low reflectance, earth tone
colors and finishes. Materials may include brick, wood, stone,
tinted textured concrete masonry units, architectural or
patterned concrete block, or other material approved by the
Planning Commission.
v. Public -oriented facades and the roof line of buildings and any
facade that is located within three hundred (300) feet of a
residential zoning district shall be articulated and constructed
with architectural elements so as to appear as a series of
smaller buildings or to minimize the appearance of excessive
mass.
vi. Minimize the views of mechanical equipment, storage, loading
facilities and refuse collection by considering the need for
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screening and incorporating it into the building design and
overall site design, orientation, and landscaping.
vii. Non -enclosed areas for storage of pallets, recycling, refuse,
and other materials shall be permanently defined and screened
with walls and/or fences and/or heavy evergreen landscaping
consistent with materials and landscaping used throughout the
project.
viii. Parking and service area lighting shall be full cut-off units
designed to project downward or ornamental street lights. The
height of light poles shall be consistent with the lighting
standards contained in Article 22, Division X, and the height
limitations contained in Section 21.2.
ix. A landscaping plan.shall be included with each site plan and
shall be consistent with the guidelines contained in Article 22,
Division Xl. If the new use Is adjacent to any lot occupied by a
dwelling, school, place of worship, or.institution for human care
not located on the same lot as said use or buildings, or any lot
which is part of a duly recorded residential subdivision, it shall
be effectively screened according to the buffering requirements
contained in Article 22, Division XI.
(d) Utilities
Any overhead wires determined necessary shall be run along the rear
property lines where practical,, and any control instrument station or
substations shall be screened.
(e) Sighs and Lighting,
The design, lettering, lighting, and location of all signs shall be
included. so far as possible as part 'of the site plan submitted for
approval of the Planning Commission.
2. Signs for identifying the ' use or' the occupant on a lot shall be
consistent with the architectural design of related buildings. Any signs
detached from buildings shelf be landscaped.
3. All sites which will receive night use shall be provided lighting for
safety and aesthetics: Lighting shall be provided in accordance with
the regulations and guidelines contained in Article 22, Division X, and
be consistent with all 'other guidelines of this Article designed to
provide a safe environment for aircraft operations.
4. Whenever possible, signage should be combined to eliminate visual
clutter. Signage that lists multiple tenants in one or several adjacent
O
buildings such as a directory are permitted according to the
guidelines contained in Article 22, Division II.
(f) Lot Area, Impervious Surface, and Setback Requirements
1. There shall be no minimum lot area for uses in the Airport District.
However, everylot created after adoption of these requirements shall
be of sufficient size to accommodate all required elements of site
design required by this Article.
2. The maximum Tot area coverage of any lot by a principal building or
buildings shall not exceed fifty (50) percent of the total lot area.
(g) Yard Setback Requirements
1. A front yard adjacent to an expressway or primary highway as shown
on the Washington County Highway Plan shall be one hundred fifty
(150) feet Front yards'on other county or municipal streets or interior
roads within an industrial park shall' be fifty (50) feet.
2. Side or rear yards'shall be as follows:
Adjoining a residential district, one hundred fifty (150) feet or seventy-
five (75) feet 'where proper screening as determined by the Planning
Commission along the property line is provided.
Adjoining a business or industrial district, seventy-five (75) feet.
(h) All, new development in the AP -Airport District shall be served by public
water and sewer" facilities approved by the Washington County Health
Department.
1. The Planning Commission may waive this requirement after
consultation and advice from the Health Department,
2. Prior to a decision to grant or not grant a waiver of this requirement,
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic systems.
ii. The availability and proximity of existing public water and sewer
facilities.
iii. The status of any available plans for utility extensions in the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities
in the vicinity.
219
v
vi.
vii
Recommendations of the Washington County Health
Department.
The adopted Washington County Water and Sewerage Plan.
Recommendations of the potential service provider.
viii. Any grant of waiver to allow the use of a private, on -site well or
septic system is conditional upon the agreement to abandon the
private system and connect to the public utility when it becomes
available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the .m(nimum lot size shall be the result of the
application of the minimum lot size, setback, and yard
requirements specified in Section, 21.46(f) and 21.46(g). Lot
dimensions shall also conform to any applicable minimum
requirements affecting lot size, width, or separations imposed
by the Washington County Health Department.
x. Any private on -site well or septic system shall meet all Health
Department tquirements.
(i) All new development in the AP-Airportt District shall comply with the
requirements.. of the Washington County Adequate Public Facilities
Ordinance.
Section 21.5 AP/HW - Airport Hazardous Wildlife Attractant Management District
The presence or movement of wildlife on or in proximity to an airport can present
hazards to airport and aircraft operations. To protect aviation from wildlife hazards, the
Federal Aviation Administration (FAA) has prepared Advisory Circular (AC) No.
150/5200-33B, Hazardous Wildlife Attractants ' On or Near Airports (FAA AC No.
150/5200-33B):
(a) The FAA AC No. 150/5200-33B recommends a minimum separation of five
thousand (5,000) feet between the air operations area (AOA) and uses
identified in the AC as having wildlife hazard potential.
(b) The FAA AC No. 150/5200-33B recommends a separation of five (5) miles
from the AOA for a wildlife attractant if it has the potential to cause
hazardous wildlife movement into or across approach or departure airspace.
(c) For the purpose of providing the Airport Director or managing authority a
review opportunity, the AP/HW District shall be the area within ten thousand
(10,000) feet from and parallel to the centerline of Runway 9/27 and ten
220
thousand (10,000) feet from and perpendicular to the ends of Runway 9/27
at Hagerstown Regional Airport.
(d) The guidance and recommendations of the FAA AC No.150-5200-336 shall
be solicited from the Airport Director, or his or her designee or managing
authority. It shall be considered, and may be applied, by the Planning
Commission in the approval or disapproval of any site plan or plans required
for animal husbandry facilities governed by Section 22.93(b) when
necessary to protect aviation from wildlife hazards.
(e) Other permit applications regulated by this Ordinance, including agricultural
structure certificates and animal husbandry operations or expansions not
included ih (d) above, shall be referred to the Airport Director or managing
authority for the purpose of monitoring the locations as they may affect
aviation and airport operations. The Airport Director or managing authority
may contact the applicant to recommend modifications to the proposal to
reduce or eliminate the potential to attract hazardous wildlife.
Section 21.6 Site Plan
A site plan is required for any principally permitted use or approved special
exception use pursuant to Section 4.11, except agriculture. Animal husbandry facilities
shall be subject to the requirements set forth in Article 22, Division IX. All site plans shall
include the proposed heights of completed structures as specified in Section 21.2.
The Director of the Hagerstown Regional Airport or a designee shall have the
opportunity to review all site plans for the expansion of existing development, new
development, or the plans required for animal husbandry operations governed under
Section 22.93(b) located within the AP, AP/C, AP/O, and AP/HW Districts. The Airport
Director shall provide input to the Planning Commission as to the effects of the
development on current and possible future airport operations.
In the AP/HW District, the Airport Director shall review all applications noted
above and provide recommendations when necessary to protect aviation from wildlife
hazards according to the guidance, recommendations, and implementation procedures
contained in FAA AC No. 150/5200-33B.
The Planning Commission may disapprove or withhold approval of the plan or
site plan where it is determined that the proposed use will create a wildlife hazard to
aviation according to the guidelines of the FAA AC No. 150/5200-336 and all considered
modifications to the plan or site operations will be inadequate to mitigate the hazard.
The Planning Commission may not disapprove or withhold approval when such
action will prevent any reasonable use of the subject property.
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ARTICLE 21A - "ORT" OFFICE, RESEARCH AND TECHNOLOGY DISTRICT11a
Section 21A.0 Purpose
The purpose of the Office, Research, and Technology District (the "ORT"
District") is to support the County's economic development effort by providing an
environment that will attract medical, corporate offices, technology, and research and
• development -based businesses and institutions.
The "ORT" District shall be located in the Urban Growth Area and shall be served
with adequate public or community water and sewerage service meeting Washington
County Health Department Standards.
• The "ORT" District will promote and maintain desirable development activities in
a setting that is in harmony with the surrounding areas, preserve open space by creating
a "campus -like" setting, and promote architecturally attractive buildings and structures.
The "ORT District will provide, among other things, a working environment
conducive for research and development companies, corporate offices, technology
based development activities, medical facilities, and educational institutions.
Section 21A I Principal Permitted Uses
(a) Educational institutions including, but not limited to, business and trade
schools and colleges.
(b) Computer and data processing services.
(c) Hospitals, including other health -related facilities.
(d) • Research institutions.
(e) Laboratories, chemical, physical and biological.
(f) Offices, professional and business.
(g) Parking structures and parking lots in combination with, accessory to, or
intended to serve, the owners, employees, patrons, and invitees and
other guests of any principal permitted or especial exception use or
business, industry, or institution within or adjacent to the "ORT" District.
(h) Government office buildings.
(i) Radio and television broadcasting facilities and studios.
• Q) A principal permitted use or any special exception use that satisfies the
11e Revision 17, Article 21A deleted and replaced, 4/17/12, elf. 7/1/12 (RZ-10-005/ORD-2012-07)
222
requirements of Section 21A.2(h) below, may engage in light
manufacturing, assembly, service and/or repair on a` lot, provided such
activity does not occupy more than forty percent (40%) of the floor area of
the building or buildings constructed on the lot.
(k) Warehouses in combination with and physically attached to any principal
use, providing the warehouse does not exceed more than twenty percent
(20%) of the total gross floor. area. In no case shall a 'freestanding
warehouse be permitted.
(I) Public buildings and recreational, cultural, administrative, or public
service -type structures, including fire, ambulance or rescue services, and
libraries.
(m) Child and adult day care facilities, primarily to serve the businesses and
other uses within the "ORT" District or business, industry, or institution
adjacent to the "ORT" _District.
(n) Hotels, extended stay hotels, motels, and conference centers.
(o) Banks and automatic banking devices.
(p) Agriculture, as defined in Article 28A, including animal . husbandry
facilities, as defined in Article 28A, which shall be subject to the
requirements set forth in Article 22, Division IX.
Section 21A.2 Special Exception Uses (Requiring board"Authorization After
Public Hearing) .
(a) Museums.
(b) Health, tennis and racquet clubs, and other fitness -related
establishments.
(c) Commercial communications towers' subject' to the requirements of
Section 4.22 of this Ordinance.
(d) Helipads.
(e) Restaurants, including those serving alcoholic beverages on premises
only, without drive up service.
(f) Public utility buildings, structures or uses not considered Essential Utility
Equipment as defined in Article 28A of this Ordinance.
(g) Indoor and outdoor recreation facilities.
(h) Any other use that the Board finds functionally similar to any principal
permitted or special exception use listed in this Article. The Board shall
223
not grant any special exception use that is inconsistent with the purpose
set forth in the "ORT" District or which will materially or adversely affect
the use of adjacent or neighboring properties.
Section 21A.3 Accessory Uses
(a) Uses and structures that are normally and customarily incidental to any of
the principal and special exception uses.
(b) The following uses are permitted as accessory uses provided they are
located in a multi -use, multi -story structure and occupy only the first floor.
1. Drug store or pharmacy.
2. Newsstands.
3. Eating or drinking establishmehts; Including restaurants that serve
alcohol, without drive -up window service.
4. Personal service establishments' such as beauty shops and
barbershops, shoe cleaning or repair shops, garment cleaning
services, or similar enterprises.
5. Stationery, office supply shops; andreprographic services.
(c) Security facilities and guard houses.
(d) Above -ground petroleum "storage is` permitted only as an accessory use
to, and exclusive use by, a principal permitted use on the same parcel
and not for distribution off -site.
• (e) Communications facilities, equipment and structures, including satellite
dishes, telecommunication towers and antenna, subject to setback
requirements and only as needed in the routine performance of the
business, industry,,' or institution's "primary function are permitted as
accessory uses. Commercial commUnicabion_towers and other facilities
and equipment that are not for the exclusive use of the site occupant and
secondary and supportive to the occupant's primary function are not
accessory uses and not permitted as such.
Section 21A.4 Height Requirements
No structure shall exceed one hundred
provisions of Article 23 of this Ordinance.
Section 21A.5 Yard Setback Requirements
(a) Front yard - 50 feet.
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(100) feet in height, subject to the
(b) Side and Rear Yard - 25 feet.
(c) Exceptions:
When either a side and/or rear lot line abuts a railroad or railroad
siding, the side or rear yard abutting the railroad or railroad siding
may be zero.
2. The side or rear. yard may be reduced to zero for the purposes of
integrating, adjoining, or connecting structures on contiguous lots
with the express approval of the owner of the contiguous lot.
3. Where the proposed use or building abuts either a lot in a RR, RT,
RS, RU, or RM District, a residence.that is not located on the
same lot as the said building, or any lot that is part of a recorded
residential subdivision,.then side and rear setbacks shall be
fifty (50).feet.
4. Where a lot with a building greater than fifty (50) feet in height
abuts a lot in a RR, RT, RS, RU, or RM District, a residence that is
not located on the same lot as the said building, or any lot that is
part of a recorded residential subdivision, then the side and rear
setbacks shall bone hundred (100) feet.
0
Section 21A.6 Buffer Yards
(a) The area designated as a buffer yard may.include,any required side, rear,
or front yards.
(b) Where an adjoining lot is located in a RR, RT, RS, RU, or RM District or
contains a. dwelling, there shall be a twenty-five (25) foot buffer yard
between the lot line and any area of the lot proposed for use or
development. The buffer shall provide a year-round screen for noise,
glare, or other factors that may adversely affect neighboring properties.
During site plan review, the Planning Commission shall determine the
form of perimeter screening which may include a solid fence, vegetative
screening, or both. The, vegetative screening shall be a minimum of ten
(10) feet overall in height and two (2) inch caliber at the time of planting.
Trees shall be of a species having an average mature spread of crown of
a minimum ten (10) feet under normal growing conditions. The trees shall
be planted and spaced so as to create an opaque screen between the
adjoining land uses. 'A minimum of ten (10) trees per hundred linear feet
of perimeter buffer area shall be required.
225
Section 21A.7 Design Standards
(a) Site Coverage: Impermeable site coverage (building area, parking, and
other paved surfaces) shall not exceed seventy percent (70%) of the
gross site area.
(b) Any part of a lot not utilized for buildings, parking, driveways, loading
areas, sidewalks, and other impermeable areas shall be planted with
grass or other ground cover and landscaped with trees, shrubs, and/or
flowers in accordance with Section 4.16 and Article 22, Division XI of this
Ordinance.
Adequate provisions shall be made for the storage and collection of
,refuse. Refuse storage areas shall be screened.
Architectural treatment of building walls visible from highways shall be
harmonious with the front elevation of the structure in design, quality, and
materials. Construction grade concrete block shall not be used on any
visible portion of any structure's foundation or walls.
There shallbe no loading docks or loading doors located on the front of a
building. Loading docks or loading doors located on any part of a building
that is visible from any highway shall be adequately screened.
There shall be no outside storage of materials or goods permitted
(g) All development in the "ORT" District shall be served by public water and
sewer facilities approved by the Washington County Health Department.
1. The Planning Commission may waive this requirement after
consultation and advice from the Washington County Health
Department,
•2. Prior to a decisionS to grant or not grant a waiver of this
requirement, the Planning Commission shall consider the
following:
i. The need to protect environmental resources from
potential pollution from failing septic systems.
ii. The availability and proximity of existing public water and
sewer facilities.
iii. The status of any available plans for utility extensions in
the future that may serve the area.
226
iv. The existence and operation of private, on -site health
facilities in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage
Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site
well or septic system is conditional. upon the agreement to
abandon the private system and connect to the public
utility when it becomes available.
ix. When the Planning Commission has determined that a
waiver from the required use of public water and sewer
facilities. is appropriate, the minimum lot size shall be the
result of the application of the minimum lot size, setback,
and yard requirements specified in Section 21A.5. and
21.A.6. Lqt ,dimensions shall also conform to any
applicable minimum requirements affecting lot size, width,
or,separations imposed by the Washington County Health
Department.
x. Any private on -site well or septic system shall meet all
Health Department requirements.
(h) All new development in the ORT, Office, Research, and
Technology, District shall comply with the requirements of the
Washington County Adequate Public Facilities Ordinance.
Section 21A.8 Signs and Exterior Lighting
Signs and exterior lighting shall comply with' the requirements of Article 22,
Divisions II and X, respectively, except when the provisions below are more restrictive.
(a) The design, lettering, lighting, and location of all signs shall be included
as part of the site plan submitted for approval of the Planning
Commission.
(b) No more than two (2) monumental signs for the purpose of identifying the
businesses and uses in the "ORT" District may be placed at the primary
roadway entrance(s) to the "ORT" District. No more than one (1) sign may
be placed at secondary entrances.
227
(c) A monumental sign is not intended to be the primary business
identification sign for any use or business in the "ORT" District, nor is it
considered an outdoor advertising sign.
(d) The size of the monumental sign shall not exceed three hundred (300)
square feet in area (to include script and monument) and shall not exceed
fifteen (15) feet in height.
(e) All monumental signs shall be landscaped. Plant materials shall comply
with the landscaping plan standards specified in Article 22, Division XI, of
this Ordinance.
(f) Maintenance of the monumental sign shall be the sole responsibility of
the sign's owner and/or assigns.
(g) On Premises Signs shall not exceed one hundred fifty (150) square feet
in area and fifteen (15) feet in height, and shall be set back twenty five
(25) feet from the road right of way.
(h) Any exterior sign or signs pertaining to the use conducted on a building
lot and which is either integral with or attached to the principal building
shall have a total area of no more than two square feet for each foot in
length of the frontage of the building.
(i) Where the lot adjoins an RR, RT, RS, RU, or RM District, no freestanding
sign or building mounted sign shall be located where it faces an adjoining
RR, RT, RS, RU, or RM lot or lots.
(j) Signs must be designed so as not to obstruct full sight distances.
(k) Signs shall be a minimum of twenty-five (25) feet from the road right of
way.
(I) The following signs are prohibited: outdoor advertising; portable signs;
flashing, rotating lights, or signs with changing light intensity or changing
colors; hanging or projecting rather than flush signs; signs above the roof
or parapet; or signs painted or pasted directly on any wall.
(m) Major buildings may be lighted for architectural effect and aesthetics.
However, excessive vertical lighting should be avoided. Wall mounted
security lighting should be down -directed and shielded to prevent outward
glare.
(n) Parking areas that are used at night shall be illuminated. Light fixtures
shall be of a shielded, down -directed variety and shall not create glare or
spill onto highways or adjoining residential properties.
228
Section 21A.9 Site Plan
A site plan with an approved Forest Stand Delineation and Forest Conservation
Plan is required under Section 4.11 of this Ordinance for any principal permitted or
special exception use in the "ORT" District, except agriculture. Animal husbandry
facilities shall be subject to the requirements set forth in Article 22, Division IX.
All site plans shall contain information as required by the applicable sections of
this Ordinance. and shall not be approved without compliance with the applicable
sections.
All site plans for uses in the "ORT' District shall provide the required information
and meet the performance standards contained in Section 4.12.of this Ordinance.
229
ARTICLE 21 B "ORI" OFFICE, RESEARCH, AND.INDUSTRY DISTRICT119
Section21B.0 Purpose
The purpose of the Office, Research, and Industry District (the "ORI" District) is
to provide appropriate locations for a broader mixture of uses than are permitted in the
"ORT" or other industrial districts. Uses permitted in the "ORI" District can be compatible
amongst themselves and with adjacent development due to a low level of nuisance
inherent in the use or through required strict adherence to specific performance
standards.
The "ORI" District will support the County's economic development effort by
providing additional locations for employment and will allow the variety of uses which
may benefit from locations in proximity to. each other. Limited commercial activities are
also permitted to serve the needs of employees in the District.
The "ORI" District shall be located in the Urban or Town Growth Areas. Permitted
uses shall be served with adequate public water and sewerage service meeting
Washington County Health Department standards.
The "ORl" District performance _standards and development guidelines are
intended to produce an aesthetically pleasing and highly functional environment for uses
within the District and an attractive and compatible environment with adjacent land uses
and•the community.
Section 21B.1 Principal Permitted Uses
(a),, The following uses permitted in the "ORT" District are permitted in the "ORI"
District as modified herein:
1
2.
3.
4.
5.
6.
Educational institutions including, but not limited to, business and
trade schools and colleges.
Computer and data processing services.
Hospitals, including other health -related facilities but not including
nursing and residential care facilities.
Research institutions.
Laboratories, chemical, physical, and biological.
Offices, professional and business.
119 Revision 17, Article 21 B added 4/17/12, eff. 7/1/12 (RZ-10-005/ORD-2012-07)
230
7. Parking structures and parking lots in combination with, accessory
to, or intended to serve the owners, employees, patrons and
invitees, and other guests of any principal permitted or special
exception use or business, industry, or institution adjacent to the
"ORI" District.
8. Government office buildings.
9. Radio and television broadcasting facilities and studios.
10. A principal permitted use or any special exception use that satisfies
the requirements of Section 21B.2(e) below, may engage in light
manufacturing, assembly, service and/or repair on a lot,' provided
such activity does not occupy more than sixty percent (60%) of the
floor area of the building or buildings constructed on the lot.
11. Warehouses in combination with and physically attached to any
principal use, providing 'the warehouse does not exceed more than
twenty percent (20%) of the total gross floor area. In no case shall a
freestanding warehouse be permitted.
12. Public buildings and recreational, cultural, administrative, or public
service -type structures, including fire, ambulance, or rescue
services, and libraries.
13. Childand adult day care'facilities;'primatily to 'serve the businesses
and other uses within the "ORI" District or businesses; industries, or
institutions adjacent to the "ORI" District.
14. Structures and equipment that are required to support international
and domestic telecommunications and technology, including
communications satellite 'systems and other' devices that are
required to support other principal permitted uses in the "ORI"
District.
15. Satellite terminal stations and communications satellite systems, as
defined in 47 U.S.C. §702, as amended"from time to time.
16. Hotels, extended stay hotels and motels, including conference
centers.
IT Banks and automatic banking devices.
18. Agriculture, as defined in Article 28A, including animal husbandry
facilities, as defined in Article 28A, which shall be subject to the
requirements set forth in Article 22, Division IX.
(b) The following uses are also permitted in the "ORI" District:
231
1. Eating and drinking establishments that serve alcohol, without drive -
up service.
2. Printing and publishing.
3. Limited manufacturing and assembly that can meet performance
standards contained in Section 21B.5, except uses specifically
prohibited in. Section 216.4. Examples of limited manufacturing and
assembly uses permitted in the "ORI" District include, but are not
necessarily limited to, the following:
i. Manufacture and assembly of electrical appliances,
electronics and communication equipment, professional,
scientific and controlling, instruments, and photographic or
optical products.
ii. Manufacturing and assembly of medical, scientific and/or
technical instruments, devices and equipment.
Manufacturing and ` assembly of machine parts,
components, and equipment.
iv.
Manufacturing' and assembly of semi -conductors,
microchips, circuits and circuit boards.
v.
Manufacturing of yeasts, molds, and other natural products
necessary for medical and biotechnical research and
development.
vi..
Wood products manufacturing.
vii.
Electroplating and manufacturing of small parts such as
coils, condensers, transformers, and crystal holders.
viii.
Manufacturing, compounding, processing, packaging, or
treatment .of pharmaceuticals and .products resulting from
biotechnical and biogenetic research, development, or
processes..
ix.
Manufacture or processing of chemicals, except sulfuric,
nitric, or hydrolic acids. or other corrosive or offensive
acids.
Section 216.2 Special Exception Uses(Requiring Board Authorization. After a
Public Hearing)
(a) Health, tennis and racquet clubs, and other fitness -related establishments.
232
(b) Commercial communications towers subject to .the requirements of Section
4.22 of this Ordinance.
(c) Helipads.
(d) Public utility buildings, structures, or uses not considered essential utility
equipment, as defined in Article 28A of this Ordinance.,
(e) Any other use that the Board finds functionally similar to any principal
permitted or special exception use listed in this Article. The Board shall not
grant any special exception use that is inconsistent with the purpose set
forth in the "OR!" District or which will materially or adversely affect the use
of adjacent or neighboring properties.
(f) "indoor and outdoor recreation facilities.
Section 21 B.3 Accessory uses
(a) Uses and structures that are normally and customarily incidental to any of
the principal and special exception uses.
(b) The following uses are permitted as accessory uses provided they are
located in a multi -use, multi; story structure and occupy only the first floor.
1. Drugstore or pharmacy.
2. Newsstands.
3. Eating or drinking establishments'without drive -up window service.
4. Personal service establishnierits such as beauty shops and barber
shops, shoe cleaning or repair shops, garment cleaning services, or
similar enterprises.
5. Stationery, office supply shops, and reprographic services.
(c) Security facilities and guardhouses.
(d) Petroleum storage for use on site but not for distribution or use in
manufacturing processes.
Section 21 B.4 Prohibited Uses
Except those uses listed as permitted in Section 21B.1, 21$.2, and 21B.3, all
other uses permitted in the "IR," "IG," or "P1" Districts are prohibited in the "ORI" District
regardless of the ability to meet the performance standards of Section 218.5.
233
Section 21 B.5 Performance Standards
All permitted and special exception' uses in the "ORI" District, except agriculture,
shall meet the following performance standards. Evidence of the ability to comply with the
performance standards shall be provided on or accompany the required site plan.
Any non-compliance with the standards is sufficient to warrant a citation of the
operator for violation of this Ordinance and is subject to application of the penalties
contained herein
(a) Storage and Operations.
All operations and the storage of equipment, materials, or products will be
conducted within completely enclosed buildings. Storage may be
permitted outdoors onlywhen completely screened by a wall, opaque
fence, or planting so that such materials will not be visible from a public
way or adjoining property. The Planning Commission shall determine the
most appropriate screening for'the use. .
(b) Noise
1. Noise will be measured with a sound level meter. Impact noise will
be measured using the fast response of the sound level meter.
Impact noises; are intermittent sounds such as from a punch press
or drop force hammer.
2, The following table describes; the maximum sound pressure level
permitted,frpm any, industrial source as measured at any property
line adjacent to a residential district, commercial district, other
"ORI" zoned lot, or other non -industrial area.
MAXIMUM PERMITTED SOUND LSELS, DB(A)
3. The following sources of noise are exempt:
i. Transportation vehicles not under the control of the industrial
use.
234
U. Occasionally -used safety signals, warning devices, and
emergency pressure relief valves.
iii. Temporary construction activity between 7;00 a.m. and 7:00
p.m.
iv. Agricultural activities.
v. Emergency generators for essential operations of a facility for
theduration of any emergency and/or interruption in electric
power service.
(c) Vibration.
No vibration will be produced which is transmitted through the ground or
'any structure, and is discernible without the aid of instruments at the lot
line or any point beyond the lot line, nor will any vibration produce a
particle velocity of two (2) inches per second measured at or beyond the
lot line. Restricted vibration includes airborne waves such as those
produced by helicopters and other rotary equipment. Certain airborne
vibrations may be permitted provided conditions, such as restricting flight
paths, are imposed to prevent adverse impact on neighboring properties.
(d) Dust and particulates.
1. The total emission rate of dust and particulate matter from all
vents, stacks, chimneys, flues, or other opening or any process,
operation, or_ activity(except Solid waste incinerators within the
boundaries of any lot), will not exceed the levels set forth below.
Emissions of dust and particulates shall be in accordance with the
State of Maryland rules and regulations governing air
contamination' and air pollution, and, in case of conflict, the most
restrictive will apply.
2. Particulate matter emission from materials or products subject to
becoming windborne will be kept to a minimum by paving,
235
Ambient Air Ouality Standard
Annual Arithmetic
65 pg/m3
Suspended
Mean
Particulate Matter
24 -hour Maximum
140 pg/m3
Annual Arithmetic
0.35
Average
mg/cmz/month
Settleable
Particulate Matter
Monthly Maximum
0.7
z
mg/cm /month
(e)
Sulfur Oxides.
Emission of oxides of sulfur (as sulfur dioxide) from combustion and other
processes will be limited in accordance with ambient air quality standards
of the state or those of the county, whichever are the more restrictive.
Ambient Air Quality Standard
Sulfur Oxides Annual Arithmetic 60 pg/m3
Mean
Smoke.
For the purpose of,grading the density or equivalent capacity of smoke,
the Ringelmann Smoke Chart as published by the United State Bureau of
Mines shall be used.
1. The emission of smoke darker than Ringelmann No. 1 from any
chimney, stack, vent, opening, or combustion process is
prohibited.
2. Smoke from emergency generators during periodic testing or for
the duration of any emergency and/or interruption in electric power
service is exempt.
•@) Odor.
Odor thresholds shall be measured in accordance with ASTM D1391-57
"Standard Method for Measurement of Odor in Atmospheres (Dilution
Method)" or its equivalent.
1 Odorous material released from any operation or activity shall not
exceed the odor threshold concentration beyond the lot line,
measured either at ground level or habitable elevation.
236
(h) Toxic Matter.
The Ambient Air Quality Standards for the State of Maryland shall
be the guide for the release of airborne toxic materials across lot
lines.
2. Where toxic materials are not listed in the ambient air quality
standards of the State, the release of such materials shall not
exceed one -thirtieth (1/30) of the threshold limit values adopted by
the American Conference of Governmental Industrial Hygienists.
3. Unless otherwise stated, the measurement of toxic matter shall be
at ground level or habitable elevation, and shall be the average of
any 24 -hour sampling period.
(i) Detonable materials.
1. The storage,utilization, or manufacture of materials or products
which decompose by detonation is prohibited.
2. Such materials shall include, but are not limited to: All primary
explosives such as lead azide, lead styphnate, fulminates and
tetracene; all high explosives such as TNT, RDX, HMX, PETN, and
picric acid; propellants and components thereof, such as dry
nitrocellulose, black powder, boron hydrides, hydrazine and its
derivatives; pyrotechnics and fireworks, such as magnesium
powder, potassium chlorate and potassium nitrate; blasting
explosives, such as dynamite and nitroglycerine; unstable organic
compounds such as acetylides, tetrazoles and ozonides; unstable
oxidizing agents, such as perchlor'ic acid, perchlorates, and
hydrogen peroxide in concentration" greater' than thirty-five percent
(35%); and nuclear fuels, fissionable materials and products, and
reactor elements, such as uranium 235 and plutonium 239.
0) Fire Hazards
Solid materials susceptible to fire hazards shall be subject to the
following:
1. The storage, utilization, or manufacture of solid materials which are
active to intense burning shall be conducted within spaces having
fire resistive. construction of no less than two (2) hours and be
protected with an automatic fire extinguishing system.
2. The storage, utilization, or manufacture of flammable liquids or
gases which produce flammable or explosive vapors shall be
permitted only in accordance with this section, exclusive of the
storage of finished products ift original sealed containers (60 gallons
or less), which shall be unrestricted.
237
3. Storage Capacity and Setbacks
i. The total storage capacity of flammable liquids and gases
shall not exceed those quantities permitted in the following
table.
•'ifl® 1 Ill
Above Ground I Below Ground
*scf - standard
ORI District 150,000 scf* 300,000 scf*
ubic feet at 60'F and 29.92'inches mercury.
H. The following setback requirements will apply to the location
of nnv cnntninnr which hold flammable liquids or oases.
Lf 3
t f�
1 • 111
11 • t 111
��
1 111
®
, • -
•1 111
®
11
• -
•1 Ili..__.._.•
(k) Glare
1. Any operation or activity producing glare shall be conducted so
that direct. or indirect light 4rom •the source shall not cause
illumination in excess of 0.5 footcandle when measured in a
residential district.
2. The following sources are exempt from this restriction:
i. Navigation lights (including on structures);
H. Security lights for telecommunication structures; and
iii. Lights operative before the effective date of this article.
(I) Radiation.
No activities shall be permitted which emit intentional and planned
radioactivity, electromagnetic, laser, ultrasonic, nuclear, microwave, radar,
television, or radio frequency radiation, or electrical disturbance that
238
adversely affects the operation of any equipment other than that of the
creator of such disturbance, and causes a degradation in performance of
other radiators or receptors of proper design of other parties or on other
lots, due to proximity, primary field, blanketing, spurious radiation,
harmonic content, modulation, or energy conducted by power or
telephone lines.
The. determination of "Degradation in Performance" and "Of Proper
Design" shall be made in accordance with good engineering practices as
defined in the latest principles and standards of the American Institute of
Electric Engineers, Institute of Radio Engineers, and the Electronic
Industries Association (in that order of precedence). The use of available
technologies by .the creator to alleviate such interference shall be
considered when making the determination.
Parties claiming.an adverse effect or degradation of performance in their
operations due to the intentional and planned emission of radiation
enumerated above shall provide the documentation necessary to verify
the source, type, and description of the actual disturbance. Parties
claiming an adverse effect shall be responsible for all costs incurred to
evaluate and verify the claim by a third party.
,(m) Satellite Sky and Receptor Viewshed,Obstructions
No activity or structure shall be permitted which adversely impacts and/or
obstructs the satellite sky and receptor viewshed of teleports and
associated telecommunication facilities and equipment.
(n) Pre-existing Uses and Equipment
Any activity, operation, use, equipment, or structure existing or approved
on an approved site plan or permit as of the effective date of this article
shall be exempt from the requirements of this Article.
However, modifications or expansion to any existing activity, operation,
use, equipment, or structure that requires additional site plan approval by
the Planning Commission shall comply with the standards herein.
Section 21B.6 Height Requirements.
No structure shall exceed one hundred (100) feet in height, subject to the
provisions of Article '23 of this Ordinance and 'the following exception:
In the "ORI" District, the height of new construction may be limited
by the Planning Commission so there will be no obstruction to the
existing satellite sky or receptor viewsheds of any existing teleport
and associated telecommunication facilities or equipment in the
"ORI" District. For the purposes of this section, an existing teleport
and associated telecommunication facilities or equipment shall
239
include those that exist and those that are shown on a site plan
approved by the Planning Commission prior to the date that a
height restriction permitted by this section is considered.
In order to determine if there is a need to limit the height of new construction to
prevent obstruction of the satellite sky or receptor viewsheds of existing or approved
teleports and associated telecommunication facilities or equipment, the following
information shall be provided on any site plan for new construction inthe "ORI" District:
(a) The location and final height of all structures proposed on the site.
(b) The location within one thousand (1,000) feet of any teleport and
associated telecommunication facilities or equipment in the "ORI" District
that exists or is shown on a site plan approved by the Planning
Commission.
(c) Any area of the parcel that is within the satellite sky or receptor viewshed
of any teleport and associated telecommunication facilities or equipment
in the "ORI" District that exists or is shown on a site plan approved by the
Planning Commission.
(d) Any area of the parcel proposed for development that is restricted by
existing height limitation easements associated with existing teleports and
the location of the recorded documents in the public record.
(e) Any area of the. parcel determined, through consultation with and
verification by the owner or operator of the existing teleport and
associated telecommunication facilities or equipment, to be within the
satellite sky or receptor viewshed of the existing teleport and not currently
affected by any existing°height-limiting easement. The plan shall also
indicate the height above the existing and future ground surface where
intrusion into the satellite sky or receptor viewshed would occur.
Following evaluation of the provided information,' the Planning Commission may
limit the height of new construction to no more than five (5) feet less. than .the height
needed to prevent intrusion in the area determined to be within the satellite sky or
receptor viewshed.
Section 218.7 Yard Setback Requirements
(a) Front Yard - 50 feet
(b) Side and Rear Yard - 25 feet
(c) Exceptions:
1. When either a side and/or rear lot line abuts a railroad or railroad siding, the
side or rear yard abutting the railroad or railroad siding may be zero.
240
2. The side or rear yard.may be reduced to zero for the purposes of integrating,
adjoining, or connecting structures on contiguous lots with the express
approval of.the owner of the contiguous lot.
3. Where the proposed use or building abuts either a lot in a RR, RT, RS, RU,
or RM District, a residence that is. not located on the same lot as the said
building, or any lot that is part of a recorded residential subdivision, then the
side and rear setbacks shall be. fifty (50) feet.
4. Where a lot with a building proposed to be greater than fifty (50) feet in
height is proposed to abut a lot in a RR, RT, RS, RU, or RM District, a
residence that is not located on the same lot as. the said building, or any lot
that is part of a recorded residential subdivision, then the side and rear
setbacks shall be one hundred (100) feet:
Section 21 B.8 Buffer Yards
(a) The area designated.as a buffer yard may include any. required side, rear, or
front yards.
(b) Where an adjoining lot is located in a RR, RT, RS, RU, or RM District or
contains a dwelling, there shall be a twenty-five (25) foot buffer yard
between the lot line and,, any area of the tot proposed for use or
development. The buffer shall provide, a year-round screen for noise, glare,
or other factors that may adversely affect neighboring properties, during site
plan review, the Planning Commission shall. determine if the form of
perimeter screening which may include a solid fence, vegetative screening,
or both is adequate. The vegetativg,screening shall be a minimum of ten
(10) feet overall in height and two. (2) inch caliber at the time of planting.
Trees shall be of a species,havipg an average mature spread of crown of a
minimum ten (10) feet under normal growing conditions. The trees shall be
planted and spaced so as to create an opaque screen between the adjoining
land uses. A minimum of ten (10) trees per hundred linear feet of perimeter
buffer area shall be required.,
Section 21B 9 Design Standards
(a) All new development in the "ORI" District shall be served by public water and
sewer facilities that have been approved by the Washington County Health
Department.
The Planning Commission may waive this requirement after
consultation and advice from.the Health Department.
2. Prior to a decision to grant or not grant a waiver of this requirement,
the Planning Commission shall consider the following:
i. The need to protect environmental resources from potential
pollution from failing septic'systems.
241
ii. The availability and proximity of existing public water and
sewer facilities.
iii. The status of any available plans for utility extensions in the
future that may serve the area.
iv. The existence and operation of private, on -site health facilities
in the vicinity.
v. Recommendations of the Washington County Health
Department.
vi. The adopted Washington County Water and Sewerage Plan.
vii. Recommendations of the potential service provider.
viii. Any grant of a waiver to allow the use of a private, on -site well
• or septic system is conditional upon the agreement to abandon
• the private system and connect to the public utility when it
becomes available.
ix. When the Planning Commission has determined that a waiver
from the required use of public water and sewer facilities is
appropriate, the minimum lot .size shall be the result of the
application of the minimum lot size, setback, and yard
requirements specified in Section 218.7. Lot dimensions shall
also conform to any applicable minimum requirements
affecting lot size, width, or separations imposed by the
Washington County• Health Department.
x. Any private"on-site well or septic system shall meet all Health
Department requirements.
(b) All new development in the "ORI" District shall comply with the requirements
of the Washington County Adequate Public Facilities Ordinance.
(c) Site coverage: Impermeable site coverage (building area, parking, and
other paved surfaces) shall not exceed eighty percent (80%) of the gross
site area.
(d), Any part of a lot not utilized for buildings, parking, driveways, loading areas,
sidewalks, and other impermeable areas shall be planted with grass or other
• ground cover and landscaped with trees, shrubs, and/or flowers in
accordance with Article 22, Division XI of this Ordinance.
(e) Adequate provisions shall be made for the storage and collection of refuse
and recyclables. Refuse and recyclables storage areas shall be screened.
242
(f) Building Appearance Guidelines
High quality architectural designs can mitigate the perceived impact of
industrial structures and uses and can create a positive impression of the
industry and the Washington County, Maryland community. Designers of
buildings in the "ORI" District are encouraged to employ the following
guidelines in building design.
Drawings or photographs of the proposed architectural treatment of
the proposed buildings on the site shall be provided with the site
plan to assist the Planning Commission in visualizing the ultimate
site appearance.
2. Architectural treatment of building walls visible from highways shall
be harmonious with the front elevation of the structure in design,
quality, and materials. Construction grade concrete block shall not
be used on any visible portion of any structure's foundation or walls.
3. There shall be no loading docks or loading doors located on the
front of a building. Loading docks or loading doors located on any
part of a building• ,that is visible from any highway shall be
adequately screened.
4. The following additional guidelines shall be employed when
designing buildings in the "ORI" District that will be located adjacent
to resident districts.
Apply consistent design principles on all buildings and
structures on the site to create unity.
H. Apply design principles on all building facades and
surfaces, not just the front.
Create visual interest and minimize bulk with architectural
designs, that include varied, but complementary, building
materials, surface treatments, textures, varying roof and
wall planes, colorind window and door arrangements.
iv. Use high quality natural materials' finished in low -
reflectance, earth tone colors and finishes. Materials may
include brick, wood, stone, tinted textured concrete
masonry units, architectural or patterned concrete block or
other material approved by the Planning Commission.
v. Articulate facades and roof lines in order to minimize the
appearance of excessive mass.
vi. Minimize the views of mechanical equipment, storage,
loading facilities and refuse collection by considering the
243
need for screening and incorporating it into the building
design and overall site design, orientation, and
landscaping.
vii. Non -enclosed areas for storage of pallets, recycling,
refuse, and other materials shall be permanently defined
and screened with walls and/or fences and/or heavy
evergreen landscaping consistent with materials and
landscaping used throughout the project.
Section 216.10 Signs and Exterior Lighting
Except as modified below, all signs in the "ORI District shall comply with the
sign requirements contained in Article 22, Division II, of this Ordinance.
(a) The design, lettering, lighting, and location of all signs shall be included
as part of the site plan submitted for approval of the Planning
Commission.
(b) No more than two (2) monumental, signs for the purpose of identifying the
businesses and uses in the "ORI"' District may be placed at the primary
roadway entrance(s) to the "ORI" District. No more than one (1) sign may
be placed at secondary entrances."
(c) A monumental sign is not intended to be the primary business
identification sign for any use or business in the "ORI" District, nor is it
considered an outdoor advertising sign.
(d) The size of the1 monumental sign shall not exceed three hundred (300)
square feet In area (to include script and monument) and shall not exceed
fifteen (15) feet in height
(e) All monumental signs shall b'e landscaped. Plant materials shall comply
with the landscaping plan standards specified jn Article 22, Division Xl, of
this Ordinance.
(f) Maintenance of the monumental sign shall be the sole responsibility of the
sign's owner and/or assigns.
(g) On -premises signs shall not exceed one hundred fifty (150) square feet in
area and fifteen (15) feet in height, and shall be set back twenty-five (25)
feet from the road right-of-way.
(h) Any exterior sign or signs pertaining to the use conducted on a building
lot, and which is either integral with or attached to the principal building
shall have a total area of no more than two (2) square feet for each foot in
length of the frontage of the building.
244
(i) Where the lot adjoins an RR, RT, RS, RU, or RM District, no freestanding
sign or building mounted sign shall be located where it faces and
adjoining RR, RT, RS, RU, or RM lot or lots.
(j) Signs must be designed and located so as not to obstruct sight distances
at any road or entrance intersection.
(k) Signs shall be a minimum of twenty-five (25) feet from the road right-of-
way.
(I) The following signs are prohibited: Outdoor advertising, portable signs,
flashing, rotating lights, or signs with changing light intensity or changing
colors, hanging or projecting rather than flush signs, signs above the roof
or parapet, or signs painted or pasted directly on any wall.
(m) Major buildings may be lighted for architectural effect and aesthetics.
However, excessive vertical lighting should be avoided. Wall mounted
security lighting should be down -directed and shielded to prevent outward
glare.
(n) Parking, areas that are used at, night shall be,illuminated. Light fixtures
shall be of a' full cut off, down -directed variety and shall not create glare or
spill onto highways or adjoining residential properties.
(o) All lighting in the, "OR]" District shall comply with the requirements
contained in Article 22, Division k;, of this Ordinance.
Section 21 B. 11 Site Plan
A site plan with an approved Forest Stand Delineation. and Forest Conservation
Plan is required under Section 4.11 of this Ordinance for any principal permitted or
special exception use in the "ORI" District, except agriculture. Animal husbandry facilities
shall be subject to the requirements set forth in Article 22, Division IX.
All site plans shall contain the' information as required by this section and others
referenced. The site plan shall not be approved without compliance with the applicable
standards.
245
ARTICLE 21 C - "ERT" EDUCATION, RESEARCH,. AND TECHNOLOGY DISTRICT720
Section 21C.0 Purpose
The purpose of the Education, Research, and Technology District (the "ERT"
District) is to provide suitable locations for institutions of higher education, such as two
(2) and four (4) year, colleges and universities, that will support an environment
conducive to higher education and related student life functions and provide compatibility
with adjacent land uses. The District will permit all traditional higher education related
activities and uses that result from the emerging trends and initiatives toward sharing
expertise and facilities between colleges and the business, economic development,
technology, and research communities. These uses may include business and
technology development services such as incubators and accelerators, applied
research, workforce education and training, economic development and research
activities that include prototype and limited commodity production and testing, and the
provision of structures and facilities within which to conduct such activities.
The "ERT" District will promote a desirable, attractive, and highly -functional
campus with natural and. landscaped open space, architecturally attractive buildings, and
conveniently located facilities. An effective and cohesive pedestrian system to
encourage social interaction and discourage excessive automobile use on site should
also be provided. Development standards are, intended to create a campus that will
enhance the educational experience and provide compatibility with the surrounding
existing and future land use.
The "ERT" District shall be located in the Urban or Town Growth Areas as
defined by the Washington County Comprehensive Plan and shall be served by
adequate, infrastructure.
The District is intended and designed to allow and promote nontraditional
business uses that have a significant and necessary link to the primary educational
institution's educational function and not as a mechanism for the institution to develop or
sell properties for business uses unrelated to its educational function. It is required that
there will always be a significant link between the business development, research,
technology, and economic development activities and the educational function of the
college or university. .
Uses permitted in this District as listed below, by special exception or through
future amendment,, shall not cause large amounts of traffic for material delivery,
shipping, . or employees,, shall not require the use, production, or emissions of
dangerous, toxic, or regulated substances, shall not produce noise that is disruptive to
the function of the educational institution or the adjacent property owners, and shall not
require the outside storage of materials, supplies, or waste products.
120 Revision 17, Article 21C added, 4/17/12, elf. 7/1/12 (RZ-10-005/ORD-2012-07)
246
Section 21C.1 Principal Permitted Uses
(a) Colleges and universities, accredited by the State of Maryland, that
provide or award credit -bearing degrees, certificates, diplomas, and
letters of recognition programs, as well as adult basic education and non-
credit job training programs and lifelong learning courses, This use
includes the following as examples of traditional higher education uses
and related activities as part of the educational institution's campus. It is
not intended or permitted for the following uses to be established
separately from •a parent educational institution on separate non-
contiguous parcels.
1. Classrooms, laboratories, indoor or outdoor theaters and other
performance venues, auditoriums and lecture halls, libraries, and
offices for administrators, faculty, and college. related
organizations.
2. Parking structures and lots.
3. Child care facilities for services to faculty' administrators,
students, and otherpatrons, and as training facilities.
4. Cultural; recreational, health, and fitness facilities.
5. Government offices and related facilities including" buildings of a
cultural, civic, educational, social or community service -type, and
including libraries, playgrounds, and community centers.
6. Communications facilities, •equipment, and " strucfur`esincluding
• satellite dishes, telecommunication towers and.antenna subject to
setback requirements, and as needed in the routine performance
of the institution's educational function. Commercial
communication towers that are not for the exclusive use of the
institution: in the routine performance of its educational function
shall be governed by Section 4.22 of this Ordinance.
7. Radio and television broadcasting facilities. •
8. Athletic fields and sports stadiums, gymnasiums, and other sports
related. facilities for teaching or competition purposes (subject to
specific parking and lighting standards contained in Article 22,
Divisions I and X).
9. Student dormitories.
10. Museum and collection display facilities and functions.
11. Conference facilities.
247
12. Food service facilities for students, faculty, and other college
personnel and visitors, and college -related functions and culinary
arts training.
• 13. Bookstore facilities.
14. Medical facilities that provide medical services to students, faculty,
• and other college employees or facilities used for training in the
medical and health professions (such as medical or dental clinics
and laboratory and diagnostic equipment).
15. Computer and data processing services, laboratories, and
equipment.
16. Reprographic, banking, and security services.
17. Other training or educational activities and• services and
specialized training venues. or. facilities that may be necessary for
same, such as truck driving courses, law enforcement or fire
training facilities, and forensic laboratories,' so long as there is a
demonstrated and, active link to the educational function of the
college.
(b) Business development services including, but not limited to, incubation
functions for start-up businesses ` and acceleration functions for
technology firms needing additional, support.
(c) Public services training facilities including, but not1 limited to, police, fire or
emergency, medical academies, and forensic laboratories.
(d) Scientific research and development services in the physical, engineering,
life sciences, social sciences, and humanities fields. 'Also included is the
application of. that research in t!', of information, products,
processes, and materials (as defined in Article ,28).This category includes
technological research anddevelopment services and the related
manufacturing of products for testing. Also included are medical research,
inclusive of biotechnology, and related facilities such as. laboratories, and
the application of research knowledge in the production of materials and
substances for continued product testing, research, and development.
(e) Uses similar in nature and.intent to (b), (c), and (d) above. When there is
uncertainty regarding the similarity in nature and intent of a specific use,
the, Planning Commission shall make a determination, which can be
appealed to the Board of Appeals. Said uses must always have a
demonstrable link to the primary educational institution or its business and
industry incubation or accelerator services.
Section 21C.2 Special Exception Uses (Requiring Board Authorization After
Public Hearing)
Uses unanticipated at the time of establishment of this District, or where it is
unclear that a use is or should be permitted, may be permitted through the grant of a
special exception by the Board of Appeals according to the guidelines contained in
Article 25 of this Ordinance. The BZA shall also consider the purpose of the "ERT
District, including the specified limitations, the desired link between the proposed use
and the educational functions of the college, and the compatibility of the use with the
adjacent and surrounding land uses.
Section 21C.3 Accessory Uses
Uses and structures that are normally and customarily incidental to any of the
principal permitted and special exception uses with the limitations specified in Section
21 C.0 Purpose.
Section 21C.4 Height, Requirements
• (a) No structure shall exceed cone hundred (100) feet in height, subject to the
provisions of Article 23 of this Ordinance.
(b) On the perimeter of the District, defined as the area within one hundred fifty
(150) feet of the exterior property lines orany"common property lines with
parcels that are not zoned "ERT," building height shall not exceed the
hei�glit limitation on the adjacent property.
(c) Within the one hundred fifty (150) foot perimeter, fhe Planning Commission
may, allow up to a fifty percent (50%) increase in the permitted height
where, after evaluation of existing or proposed buffers, the existing uses on
the adjacent parcels, and the proposed use and structure design in the
"ERT" District, , it can be determined that the increase will not negatively
impact the adjacent: use.
(d) Under no circumstances' shall lighting or related structures be permitted to
exceed the height restrictions specified in Article 22, Division X, governing
lighting setbacks:
Section 21C.5 Yard Setback Requirements
(a) Front Yard or Setback 100 feet.
(b) Side and Rear Yard or Setback - 50 feet
(c) The required setbacks apply to the exterior property lines of the "ERT"
District or common property lines with other zoning designations not under
the ownership of the educational institution. Yards or setbacks from interior
property lines are not required.
249
(d) Setbacks apply to all structures and Uses including parking lots. The
Planning Commission may reduce side and rear setbacks for parking lots
by up to fifty percent (50%) where sufficient buffer planting is provided to
mitigate the effect of a reduced setback.
Section 21 C.6 Buffer Yards
(a) The area designated as a buffet yard may include any required front, side,
or rear yards.
(b) Where an adjoining lot is located in a RR, RT, RS, RU, or RM District or
contains a dwelling, or is part of a residential area in a MXR, MXC, or MXE
District, there shall be a twenty-five (25) foot buffer yard between the lot line
and any area of the lot proposed for use or development.
1. The buffer shall provide a year-round screen from noise, glare, or
other factors that may adversely affect the neighboring properties.
During site plan review, the Planning Commission shall determine
the adequacy of the proposed perimeter screening.
2. The form of perimeter screening in the buffer may be required to
include a solid fence, vegetative, screening, or both. The
vegetative screening shall be a minimum of ten ('f0) feet in height
and two (2) inch caliber at the time of planting. Trees shall be of a
species having an average mature" sptead of crown of a minimum
•ten (1.0) feet under normal growing conditions,
3. The trees shall be planted and spaced so as to create an opaque
screen between the adjoining land uses. A minimum of ten (10)
trees per hundred linear feet of perimeter buffer area shall be
required.
Section 21C.7 Design Standards
(a) Site coverage: Impermeable site coverage (building area, parking, and
other paved surfaces) shall not exceed seventy percent (70%) of the
gross site area.
(b) Any part of a lot not utilized for buildings, parking, driveways, loading
areas, sidewalks, and other impermeable areas shall be planted with
grass or other ground cover and landscaped with trees, shrubs, and/or
flowers in accordance with Article 22, Division XI, of this Ordinance.
(c) Adequate provisions shall be made for the storage and collection of
refuse and recyclables. Refuse and recyclable storage areas shall be
screened with solid fencing and may also include screen plantings.
(d) There shall be no loading docks or loading doors located on the primary
building fa�ade and they shall not be visible or audible from adjacent
250
residential parcels. Loading docks or loading doors located on any part of
a building that is"visible from any highway shall be adequately screened.
(e) Parking shall be provided according to the standards contained in Article
22, Division I. As new buildings or facilities are constructed on site, site
plans shall contain a tabulation of existing parking spaces and the
facilities they serve to assist in the determination of the need and
appropriate location for additional parking.
(f) There shall be no outside storage of materials or goods permitted.
(g) There is no minimum or maximum distance between buildings on the
campus. Buildings should be a spaced 'and, arranged toafford the greatest
degreeof convenience, safety, access by pedestrians and from parking
areas, access to air and light for comfort and efficiency, ease of
maintenance, and visual appearance.
(h) All new uses in the. "ERT" District shall be served by public water and
sewer facilities approved by the Washington County Health Department.
Section 21C.8 Signs
(a), Signs on'a campus in the "ERT" District shall be limited to identification
and directional signs. These signs may also contain a component that
allows changing messages to advertise upcoming events on campus.
(b) Md'numental signs at primary campus entrances are also permitted but
shall not exceed twelve„ (12) feet in height.
(c) Signs shall not obstruct site distances at any vehicular intersection.
(d) Individual buildings and other facilities may contain posted or building -
mounted signage for identification of the structure by name, purpose, or
street address.
• (e) Signs may be lighted but shall conform to the same limitations for other
site lighting contained in Article 22," Division II.
(f) Signs advertising goods and services for sale are not permitted.
(g) Freestanding signs shall not be located to face any adjoining residential
district or use.
(h) Signs shall be a minimum of twenty-five (25) feet from the public road
right-of-way.
(i) The design, lettering, lighting, and location of all signs shall be included as
part of the site plan submitted for approval by the Planning Commission.
251
Section 210.9 Exterior Lighting
(a) All exterior lighting shall conform to the standards and guidelines
contained in Article 22, Division X.
(b) Buildings may be lighted for security, architectural effect, and aesthetics.
However, excessive vertical lighting should be avoided. Wall mounted
security lighting should be down -directed and shielded to prevent outward
glare.
(c) Parking areas that are used at night shall be illuminated. Light fixtures
shall be a full cut-off type, down -directed, and shall not create glare or
spill over onto highways or adjoining residential properties.
Section 21C.10 Site Plan
A site plan with an approved Forest Stand Delineation and Forest Conservation
Plan is required and shall be prepared according to the guidelines contained in Section
4.11 of this Ordinance for any principal permitted or special exception use in the "ERT"
District.
As an alternative to Planning Commission approval, of each site plan for new
development on the subject institution's campus in the "ERT" District, the institution may
develop and submit for approval a master development plan for the entire campus. The
Planning Commission may then delegate to Planning staff the authority to approve site
plans for new construction on campus as long as the plan conforms to the approved
master development plan and all requirements of the Zoning Ordinance. When Planning
Staff believes there are substantial or material differences between the approved master
development plan and individual site plans, Planning staff may defer approval to the
Planning Commission.
The master development plan shall show all existing improvements on the site
including buildings and other facilities, roads, parking areas, sidewalks, signs, lighting
and the general location and description of landscaping. The master development plan
shall also show the locations and nature of future development, such as proposed
building locations, approximate size, height and use, proposed parking, pedestrian
system extensions to serve the new facilities, proposed infrastructure extensions, and
any expected buffers or forest mitigation areas.
252
ARTICLE 22 SPECIAL PROVISIONS
DIVISION I OFF-STREET PARKING AND LOADING AREA
REQUIREMENTS 121
Section 22.1 Purpose
The purpose of this Division is to provide basic standards for development of off-
street parking and loading area facilities. The design of parking facilities is critically
important to the economic viability of some commercial areas, pedestrian and driver
safety, the efficient and safe operation of adjoining streets; and community image and
livability. Because vehicle parking facilities occupy large amounts of land, they must be
planned and designed carefully to use the land efficiently, minimize stormwater runoff,
and maintain the visual character of the community. In order to promote safety and
functionality and to decrease. congestion and limit traffic disruptions, permanent off-street
parking, loading and queuing.areas.shall be provided for all development as outlined in
this Division.
Section 22.11 Applicability
(a) Off-street parking and loading facilities shall be provided in accordance
with this Article for any; new structure built or any new use established.
(b) Existing structures or uses that increase in size by 35% or more after the
adoption of these regulations shall be subject to the current parking and
loading standards. However, any parking or loading facility now in
existence,to serve, such structures or uses shall, not, in the future, be
reduced. except where they exceed current requirements, in which case
they shall not be reduced below the current standard.
(c) Thefl principle use of a structure or site shall not be changed to a use
requiring :. -a greater number of parking or loading spaces unless such
areasare provided for the new use in accordance with this Article.
Section 22.12 Off -Street Parking Requirements
(a) Employee Parking
1. , For the purposes of this Article, employees shall mean the regular
working staff (paid, volunteer, or otherwise) at maximum strength
and in full time equivalent numbers 'necessary to operate,
maintain, or service any given facility under normal levels of
service.
2. ` Employee parking shall be provided in accordance with the
schedule defined in Section 22.12(b).
3. Businesses that may not require"customer/visitor parking shall, at
a minimum, provide employee parking at a ratio of I space per
employee on the main shift.
121 Revision 16, Division I deleted and replaced in its entirety 12/1109, elf. 2/1/2010 (RZ-09-003)
253
(b) CustomerNisitor Parking
1. Minimum Spaces Required. Parking for employees, customers
and/or visitors shall be provided in accordance with the following
table. All fractions of spaces shall be rounded up to the next whole
integer. If a specific use is not listed, the Zoning Administrator shall
have the right to determine the required off-street parking
requirements, based on the most similar use(s) listed.
•
Required parking shall be based
•
upon a detailed parking analysis and study
that shall address: number of employees,
projected daily. usage, long term parking
Airport (Commercial)
heeds, and other uses being shared: in the
terminal (i.e. restaurants, convenience
stores, car rentals, etc.) Final
determination of adequacy shall be
determined by the Planning Commission.
Ambulance/Rescue Compar<ies and Fire Stations
2 spaces per each piece of
vehicular equipment; 10 spaces minimum
Assisted Living Facility,<Nursing/Convalescent
I space per3 patient beds plus I
Homes
space per main shift employee
1 space per'500 sq ft of the GFA of
Auto Sales
showroom and sales office plus one space
br'em to ee
Auto Service•
2 spaces. per service bay plus one
•
space ace er employee
Banks/Financial Institutions •
1 space'per 400 sq ft of GFA; plus
•I
space per employee
Banquet Halls, Dance Halls, Exhibition Halls, and
Assembl Halls
1 space per 50 sq. ft. of GFA
Bowling Alleys
3 spaces per lane
I spabe'per campsite and/or
Campgrounds
cottage plus one space per 500 sq. ft. of
• office space
Churches
I space per 5 seats provided in the
main religious assembly auditorium
• Commercial Retail Sales
5's aces per 1000 sq. ft. of GLA
Community Centers
1 s ace per 400 sq ft GFA
1 space per active adult dwelling
Comprehensive Care Facility
unit, plus parking for Assisted Living
Facilities as shown in this table
Golf Courses
•4 spaces per hole
254
0.5 space per bed
Hospitals
plus I space per employee on main
shift
Hotels, Motels, Bed & Breakfast, Resort and
Similar Sleeping Accommodation Uses (see also
1 space per guest room or suite
Restaurant, Meeting & Banquet Facilities; if
applicable, additional p parking is required)
Minimum of 5 spaces up to 50
Kennels, Commercial (including grooming
kennel units; plus 1 space per 10 kennel
services)
units after 50
Libraries, Museums .
1 space per 400 sq ft of GFA
I space per employee on, the main
Manufacturing/Industrial Plants
shift plus I space per 350 sq ft of office
and/or sales space
Medical & Dental
I space per 200 sq. ft. of GFA
Centers/Offices/Clinics/Pharmacy (including out-
atient facilities but excluding hospitals)
1 space per 50 storage bays;, plus I space
Mini -warehouses
er em to ee; p lus 3 visitor s" aces
I space per 50 sq ft of floor space in
Mortuary, Funeral Parlors
the funeral service rooms; 20 spaces
minimum
Private Clubs, Lodges, and Meeting Places of
1 space per 4 registered member
Veteran, Business, .Civic, Fraternal, and Similar
capacity
Organizations
Professional and Office Buildings
I space per 300 sq. ft. of GFA
excludin Medical & Dental
Recreational Establishments, Indoor and Outdoor•
1 space per 80 sq ft of all indoor
areas 4 spaces per acre of outdoor
(excludin`g other specific uses listed)•
,and,
areas
Residential, Single & Two -Family
2 space per dwelling unit excluding
_garage space
2 space per dwelling unit excluding
Residential, Multi -Family
garage space; plus overflow/visitor parking
outlined in 22.12 b .4122
Taverns, Lounges, Nightclubs.
I space per 100 sq ft of GFA
Restaurants, with or without Drive Thru Service
I space per 75 sq. ft of GFA
Required parking shall be based
upon a detailed parking analysis and study
that shall address: number of faculty and
Schools: Primary, Secondary, Post -Secondary,
staff, projected enrollment, requirements for
and TradeNocational
special events, and capacity of special
assembly areas. The final determination of
adequacy shall be made by the Planning
Commission.
122 The adopted amendment RZ-09-003 erroneously cited Section 22.01.02(b)4.
255
Schools: Nursery & Day Care Facilities
I space per 5 registered student
capacity
Swimming Pools, Community/Public
1 space per every 7 persons lawfully
allowed at one time
1 space per 3 seats; if there is not
Theaters, Auditoriums, and Stadiums
fixed seating then parking shall be
calculated at 1 space •per 100 sq ft of area
available to the pUblib
Parking shall be determined. based
on a detailed parking analysis and study
that shall address: number of employees,
Transportation Terminal/Stops (trucking, buses,
projected daily use patterns based on
terminals of similar size in the area/region,
etc)
and accommodations offered (fueling
stations, showers, overnight parking,food
services, etc). The final determination of
adequacy shall be made by the Planning'
Commission.
Veterinary Clinics and/or Hospitals
1 space per 300 sq ft of GFA
I space per 1.5 employees on the
Warehouse or,Wholesale Establishments
main shift or 1 space per 1500 sq ft GFA,
whichever is greater; plus 1 space per 350
s, .ft GFA of sales and/or office space
2„ Sharing of Parking Facilities. The Planning Commission may
approve the sharing of parking facilities between one or more ..
uses based upon a detailed parking study provided by the
developer(s). The parking study shall demonstrate -the number of
spaces needed based upon: the type, and intensity of all uses.
sharing the facility, the peak hours of usage, hours of operation for
each use, number of employees for each use,. and the type of
vehicular traffic using the. facility. Changes:.in. any .of the
• conditions evaluated as part of the parking study after final plan
approval may require re -approval of the plans by the Planning
Commission.
If a shared parking facility is approved; the following
conditions must be met:
i. The uses must either be located on the same
property or off -site parking facilities may be shared
when located within 500 feet of the major point of
pedestrian access for each use sharing the parking
facility.
ii. Adequate pedestrian access that is compliant with
State and Federal accessibility code requirements
must be provided from the parking area to each
major point of pedestrian access for each user of
the shared parking area.
256
iii. The number of spaces needed shall be determined
by the Planning Commission. All other
requirements outlined in this Article shall also be
met.
iv. Perpetual joint use parking easement shall be
signed by all participating members and recorded
at the Office of the Clerk of Circuit Court for
Washington County. A copy of the recorded
document shall be submitted to the Planning Staff
prior to final site plan approval.
3. Minimum Space Required Modification. The Board of Zoning
Appeals may reduce the number of required off-street parking
spaces upon a finding that sufficient spaces open to the public are
available within five hundred (500) feet of the proposed use to
meet the intent of this Article.
4. Residential Overflow Parking. Residential multi -family units
(excluding duplexes and 2 -family) shall provide overflow parking in
addition to the other parking requirements in this Article as follows:
i. Townhouses, . 3 -family and 4 -family units: 0.5
spaces per dwelling unit
Apartments, garden apartments, condos: 0.3
spaces per dwelling unit
5. Drive-up/Drive thru facilities. In addition to the parking spaces
required in this Division, uses with drive-up/drive thru facilities
shall provide on -site spaces sufficient for vehicles queuing to be
served by or otherwise waiting to do business at the facility.
L Off-sitequeuing is prohibited.
H. Each 'space that is provided for queuing shall be at
least 20 feet in length and.9 feet in width.
iii. These spaces, shall not interfere with, block, or
prevent the use or operation of parking spaces,
parking aisles, access drives, or entrances.
iv. The following uses shall provide the adequate on-
• site space for queuing (these spaces are in addition
to the space at the transaction point):
a. Banks/Financial Institutions: 3 spaces per drive-
• up/drive thru station including Automated Teller
Machine Stations
b. Car Wash: 3 spaces per washing station, 2
spaces per drying station, and 1 space per
vacuum/detailing station.
c. Gas Station: 1 space per side, per gas pump
d. Pharmacy or drug store: 3 spaces per station
e. Restaurant: 6 spaces per station, 4 of which
must be located in the area approaching the
order board.
257
Other uses not specifically listed that offer
drive-up/drive thru services shall provide
queuing spaces as determined by the Zoning
Administrator based on the most similar use(s)
shown above.
(c) Handicapped Accessible Parking and Passenger Loading Zones
Handicapped accessible parking shall be in conformance with the
Maryland. Accessibility Code, GOMAR 05.02.02 and the Americans with
Disabilities Act.
(d) Bicycle Parking
1. Number of spaces needed. All parking facilities containing more
than fifty (50) parking spaces shall provide one bicycle parking space
or locker for every twenty-five (25) automobile parking spaces in the
facility. No more than twenty-five, (25). bicycle parking spaces or
lockers shall be required in any one facility.
2. Type of facilities. Bicycle parking' facilities may include various types
of racks or lockers that enable the user to lock the frame and/or the
wheels of the, bike with a cable or U-shaped lock.
3. Location, of facilities. Bicycle parking facilities shall be located so as
to be safe from motor vehicle traffic and secure from theft. Interior
storage and lockers are encouraged for uses that promote long or
medium term parking. ,
They shall be properly maintained.
. Parking should be located in a highly visible, well -lit area
within close procimityto the use it supports.
(e) Recreational Travel and Recreational/Off-Road Vehicle Parking
1. Such vehicles shall be considered accessory uses in any district,
provided they are parked or stored in a garage or accessory building
In the rear yard, side yard, or driveway of the lot occupied by the
owner. Vehicle's stored outside of storage buildings shall be parked
no closer than, four (4) feet to the rear and side lot lines and no closer
than ten (10) feet from the front lot line or to the road/street edge,
street curb or sidewalk; whichever is closest to the parked vehicle.
2. In the RM and PUD districts, "recreational vehicle" parking spaces
shall be proQided'in addition to all other parking requirements in this
Article. Spaces shall be provided at a ratio of I space per 50
passenger vehicle parking spaces and shall be a minimum of 30 ft
long and 15 ft. wide. There shall be a minimum of 1 space provided.
(f) Design Standards.
1. In General.
i. Off-street parking facilities may be enclosed in a structure
or may be open. Garages and other parking structures
258
shall not be converted into another use unless the
minimum parking space requirements of this Article are
satisfied without the parking structure. Enclosed structures
containing off-street parking for employees shall be
designed with a first -level entrance and height of at least
nine feet in order to permit the entry and parking of vans
used by van pool programs.
Parking facilities required by these regulations shall be
provided on the same lot with such structure or land use
• unless otherwise provided in accordance by this Article.
Alterations to parking facilities after plan approval (i.e.
stripping, traffic markings, surfacing, etc) that affect internal
•or external traffic patterns, minimum space and access
aisle requirements . or landscaping requirements, may
require additional review by the Planning Commission.
All off-street parking facilities shall be designed with a
stable,• dust -free surface conforming to the standards of the
Department of Land Development Engineering.
No off-street parking area shall be designed to permit
direct parking space ingress and egress to a public or
private road, :street i+oPhighway.
Parking facilitiesshall be designed to maintain the use
traffic on the developed site so as to avoid back-ups and
congestion on public and/or private roads.
Adequate emergency vehicle access must be provided to
each!use:
2. Parking Stall and Access Lane Dimensions.
i. Off-street parking facilities may contain any combination of
angled, perpendicular or parallel parking spaces. The
minimum design standards are as follows (see also
Diagram 22-1):
A
B
C
D
E
Parking
Angle
(feet)
Stall
Width
(feet)
Stall
Length
(feet)
Curb Width
per Vehicle
(feet)
Aisle Width
(feet)
00
9
22
22
See Diagram
22-2
30°
9
20
19
9
20
13
60°
9
20
10.5
90°
9
20
9
259
22-1
Parking Dimensions
ii. Stall Length,Modification. If the parking stall provides an
overhang not encroaching on a walkway, property line, or
buffer area as required in (f).3.i of this section, the length of
the. stall may be reduced two (2) feet.
• iii. Access lanes shall be provided to such parking spaces in
accordance with the standards shown in Diagram 22-2.
260
24'
22
22'
20'
DEGREE
PARKING
ii
it
TWO-WAY
0NE►WAY
TWO-WAY
ONE-WAY
•20'
16'
20'
12'
30
DEGREE
PARKING
34
-`
t $
TWO -WAY
E -
ONWAY
TWO-WAY
ONE-WAY
�i ..
1B'
20
14
46
DEGREE
PARKING
44
3
It
3
TWO-WAY
ONE-WAY
TWO-WAY
ONE-WAY
22'
22'
18'
60
DEGREE
fl2U.
PARKING
- (4
TWO-WAY
ONE-WAY
TWO-WAY
ONE-WAY
20'
16'
14:'
0
DEGREE
[16,
PARKING
-
TWO-WAY
ONE=-WAY
TWO-WAY
ONE-WAY
Diagram 22-2 -Parking Aisle Width Requirements
261
iv. Where there is a combination of different parking angles
used, the access aisle dimensions shall be based on the
greater of the two requirements.
v. Access lanes with no parking shall be a minimum of 22
feet wide for two-way traffic and 10 feet for one-way traffic
3. Parking facility setbacks.
i. • Surface parking facilities shall be physically separated from
a public or private street by a buffer area of at least 10 feet
from the right of way line or from the property line,
whichever is greater. In any case, parking of vehicles may
not impede adequate sight distance of access points.
ii. Structures containing. off-street parking shall be subject to
the structure setback requirements applicable to the district
in which it is located.
4. Circulation and Access.
i. Parking facilities should provide continuous circulation in
order to avoid numerous turnarounds. Where continuous
circulation is not possible and 'dead end' parking aisles are
used, additional area shall be provided at the end of the
aisle to create a turnaround area (See . Diagram 22-3).
These areas shall be required only if the parking aisle is
less than 20 feet wide.
vlatlalll LL -3
Dead -End Parking
'T' Turnaround Dimensions
262
ii. Whenever possible, developers should limit the number of
access points to the main public road.
iii. When feasible, and as approved by the Department of
Land Development Engineering, adjacent parking areas
should be connected to provide circulation between
adjacent properties. Such connections shall require a
perpetual joint use agreement signed by all participating
members and recorded at the Office of the Clerk of Circuit
Court for Washington County. A copy of the recorded
• document shall be submitted to the Planning Staff prior to
• final site plan approval.
5. Pedestrian Access.
i. Pedestrian walkways and sidewalks shall be provided to
and from all parking areas and shall be designed to serve
onsite principally permitted uses and accessory uses for
which there is pedestrian demand. Such spaces shall be
protected from vehicular overhang and movement by curbs
or other methods as approved by the Department of Land
Development Engineering.
ii. Where pedestrian access to the primary entry point of a
structure or use crosses a public or private street, alley,
access lane, or other area used byvehicular traffic,
appropriate measures shall be taken to promote safe
pedestrian crossing (i.e. speed control devices, raised
crosswalks, sgnage, etc.)
iii. All pedestrian walkways and sidewalks shall be compliant
with the Maryland Accessibility Code and Americans with
Disabilities Act requirements.
6., Traffic Control Markings.
i. All off-street, ;parking areas shall be so arranged and
marked as to provide for orderly and safe loading,
unloading, parking, and storage of vehicles. Individual
• parking spaces shall; be clearly defined and directional
arrows and traffic signs provided for safe and convenient
traffic flow. Each space or area for handicapped or other
special parking shall be clearly marked to indicate the
intended use and shall be so located as to facilitate its use.
All markings, and traffic signs shall be perpetually
maintained.
ii. Signs and markings which warn, guide, and regulate traffic;
• both vehicular and pedestrian, shall be required in order to
promote maximum efficiency of the facility.
iii. All signs and markings.shall be designed according to the
• Manual on Uniform Traffic Control Devices as published by
the Federal Highway Administration.
7. Lighting.
• i. Lighting shall be provided for all areas that will receive
• night use.
263
ii. Lighting shall be fully shielded using concealed source
fixtures directed downward and away from adjacent
properties. All exterior light fixtures shall utilize full cutoff
housings, louvers, glare shields, optics, reflectors or other
measures to prevent off -site glare.
iii. Lighting shall be designed, constructed, and maintained in
a manner that minimizes off -site glare, light trespass on
neighboring lots, and traffic hazards for motorists. Glare
control shall be accomplished primarily through the proper
selection and application of lighting equipment. Only after
those means have been exhausted shall landscaping,
fencing and other screening methods be considered and
acceptable means for reducing glare.
iv. In addition to providing full. cut-off light fixtures, pole
mounted lighting that. is located within 10 feet of a
residential district or use shall have 'house -sided' shielding
to direct light away from residential areas. A house -side
shield typically consists of a visor or shielding panel that
attaches to a light fixture.
8. Landscaping.
i. Minimum Areas Required. All surface parking facilities of
10,000 square feet or more shall have landscaped areas
within the confines' of the facility, which constitute a
minimum of 5% of the total impervious area of the parking
facility.
ii.' Design and Composition. The landscaped areas shall
be unpaved, permeable, linear strips or variable shaped
islands in the interior of the parking facility which shall be
,planted with ground cover of shrubs trees or grasses. The
primary plant materialused in landscaping areas should be
trees that provide shade. The total number of trees
recommended should be 1 tree per 300 square feet of total
landscaping areas required for the parking area. Trees
shall have a minimum caliper of two (2) inches at the time
of planting.
• iii. Plant Material Quality. All plant materials shall be alive
and in a healthy condition. The owner shall be responsible
for the maintenance, repair, and/or replacement of all
• required landscaping material. All plant material shall be
maintained in a healthy growing state at all times. All
unhealthy, dying, or dead plants shall be replaced by the
next growing season. Tree and shrub species used for
landscaping should be native to Washington County.
Invasive and exotic plants as listed in Appendix F of the
Washington County Forest Conservation Technical Manual
shall not be permitted in landscaping plans.
iv. Location and Visibility. Landscaping areas shall be
located and/or designed in a manner that does not impair
visibility of vehicles entering or leaving the parking aisles
264
and/or parking facility. Attention shall also be given to
location with regard to lighting and surveillance activities so
as not to create conflicts.
v. Landscaping islands shall be required after every 15
spaces. The Planning Commission may modify this
requirement if it conflicts with stormwater management
needs on the site or if long linear strips of landscaped area
are provided instead of small islands.
9. Screening.
i. The periphery of off-street parking facilities shall be
adequately screened from any parcel zoned for or
occupied by residential dwellings schools, churches, or
institutions for human care as well as roadway frontages
so as to prevent headlight glare onto adjacent parcels
and/or roadways.
ii. Screening may be in the form of a solid fence, vegetative
screening or both, from grade to the specified height as
determined by the Planning Commission or its designee.
Fencing shall be constructed of vinyl, stone, brick, earthen
berm, or other mechanism as approved by the planning,
and must be a minimum of 4 ft in height as measured from
the grade of the parking area.
iii. Vegetative screening shall consist of a tree or shrub
species that shall be a minimum of 4 ft in height overall at
the time of planting or will reach 4 ft in, height within two
years of planting.
iv., Vegetative screening shall be planted in such a manner as
to create a continuous opaque screen year-round.
Vegetative screening must consist of a tree species that
will maintain the opaque screen in perpetuity. (i.e. White
Pines, are prone to ' losing lower branches over time and
allow for holes in the.screen)
v. If vegetative screening is used to meet screening
requirements, the area should also be shown on the
landscaping plan for the site and follow the appropriate
requirements of the landscaping article of this Ordinance.
vi. Screening modification. The screening requirement may
be reduced or waived by the Planning Commission if the
adjacent property is zoned for residential use but contains
a commercial use or if the adjacent use or roadway is at a
grade or slope such that the finished topography of the site
will adequately address these requirements.
10. Surfacing.
i. For the purpose of this Article, surfacing and references to
paving or pavement shall be defined as a durable and
dustless surface that shall be properly drained and
maintained. The Department of Land Development
Engineering shall determine acceptable surfacing
materials.
265
ii. All employee and visitor parking, access lanes/aisles, and
loading and unloading areas shall be paved in the
following zoning districts: RR, RS, RU, RM, PUD, BT, BG,
BL, IT, HI -2, HI -1, ORT, PB, and SED.
iii. All employee'and visitor parking shall be paved in the IT,
IR, IG, PI, AP, and IR uses allowed in HI -1.
iv. In the A, C, A(R), EC, P, RV, RB-E, and RB-N districts,
parking and access lanes/aisles with a total area greater
than 3,400 sq. ft. shall be paved.
v. All handicapped accessible parking and loading areas
shall be paved in all districts.
Section 22.13 Loading Areas
(a) In General. All loading _areas shall be designed to accommodate the
anticipated demand and maneuverability of delivery vehicles in relation to the overall
flow and use of the site. The developer 'must design parking facilities to provide a
circulation system which will minimize delay within the facility and prevent overflow
congestion onto the adjacent street.
(b) Location. Loading areas may occupy any yard except the front.
Section 22.14 Non -parking uses in parking facilities
(a) Non -parking uses in parking facilities may be permitted in accordance
with the following:
1. Non -parking' uses shall only be permitted if there is a surplus of
area above the minimum standards enumerated in this Article;
2. Non-parkinguses shall not interfere with the functionality of the
parking facility required by the principle use. Access, internal
traffic movements,, reserved parking for handicapped, sight
distance, etc shall not be diistt'' rbed by the non -parking use;
3. Long term storage` (greater than 48 hours) of truck trailers, sea
containers, pods and similar storage facilities is prohibited;
4. Use of any parking facility for. the purpose of off -site advertisement
isprohibited;
5. Use of surplus parking facilities for temporary seasonal retail uses
directly' associated .with the principle use shall be permitted in
accordance with numbers I through 4 above.
6. Use of surplus parking facilities for temporary seasonal retail uses
not directly associated with the principle use, festivals, carnivals,
car shows, or other similar uses shall be permitted for a period not
to exceed sixty (60) consecutive days.
266
DIVISION II - SIGNS
Section 22.2 General Provisions
No sign shall be erected, hung, placed or painted in any district, except as
provided in this Ordinance. No sign erected before the enactment of this Ordinance shall
be structurally altered or moved except in accordance with this Ordinance. No zoning
permitshall be required for the repainting or repapering of a sign.
Section 22.21 Signs Permitted Without Zoning Permits123
The following signs are permitted without zoning permit in any district provided
the following conditions are adhered thereto.
(a) A.sign indicating the name and/or premises or accessory use of a home for
a home occupation or professional purpose, not exceeding one square foot
in area.
(b) A sign not exceeding thirty square feet on a farm advertising farm products
primarily grown on the premises; provided, they are located off the highway
right-of-way, and do not interfere with traffic visibility.
(c) Permanent "On Site" informational signs or temporary (3 days or less) "Off
Site" directional signs of a public or quasi public nature that advertise or
provide direction to an event of public interest. Any off site directional signs
shall be located off the highway right-of-way, shall not be located in any
drainage easement, and shall not interfere with traffic visibility. In addition,
all temporary off site directional signs must be removed within three (3) days
of completion of the event.
(d) A maximum of two (2) permanent "Off Site" directional signs for churches,
certified non-profit organizations or civic associations may be erected
provided they are located off the highway right-of-way; are not located in any
drainage easement, and do not interfere with traffic visibility. These signs
shall be located'within a one mile radius or, where the one mile radius does
not include an intersection with a collector or higher classified road, at the
closest intersection with a collector or higher classified road, of the church,
certified non-profit organization or civic association meeting place. The signs
shall not exceed six (6) square feet in area or six (6) feet in height. The
erection of more than two (2) signs or the placement of signs outside the
one mile radius or beyond the next collector intersection if that provision is
applicable, shall require approval by the Board of Zoning Appeals. However,
the Zoning Administrator may approve small variations (10% or less) to the
123 Revision 7, Section 22.21(h) added 6128/94 (RZ-94-05)
Revision 8, Section 22.21(c) amended and Section 22.21(d) added 11/15194 (RZ-94-04)
267
one mile radius •or next collector intersection provision for safety or
environmental compatibility reasons.
(e) A temporary real estate sign designating .the. zoning classification of the
parcel, not exceeding twenty square feet, and being located on and
advertising subject property for sale, rent and/or lease.
(f) Building contractor's. and professional persons' temporary signs on buildings
under construction, limited to a total area for all such signs of one hundred
fifty square feet.
(g) Election signs, provided the signs do not interfere with traffic visibility.124
(h) Temporary directional real estate signs consisting of four (4) square feet and
not to exceed three (3) feet in height, may be placed on private property,
provided they are located. off the highway right-of-way,drainage easement,
and do not:interfere;with,traffic visibility. The placement of these signs shall
conform to all State and Federal regulations,
Section 22.22 Signs Requiring Zoning.Permit125
The following signs are permitted in accordance with zoning district regulations
and require a zoning permit:
(a) Signs, business; portable
(b) Signs, freestanding
(c) , Signs, outdoor advertising
(d) Permanent residential identification signs for subdivision, townhouses, and
apartments:
Section 22.23 "Use on the Premises" Signs; on BuildingS126
Business signs pertaining to "use on premises", as enumerated in Section
22.22(a),. are permitted as an, accessory use in. all districts, provided the following
provisions are adhered to:
(a) No such sign shall project over or into the street right-of-way or more than
four (4) feet above the parapetwall or roof line..
(b) Any sign which is attached to the ground shall be located in such a manner
that traffic visibility is not impaired.
124 Revision 16, Section 22.21 amended 1/19/2010, eff. 1/20/2010 (RZ-09-006)
125 Revision 3, Section 22.22(d) added 1/23/90 (RZ440)
126 Revision 15, Section 22.23(c) & (e) amended 9/19/06 (RZ-06-007/ORD-06-09)
268
(c) Any exterior sign or signs pertaining to the use conducted on the premises,
and which is either integral with or attached to the principal building, shall
have a sum total area of no more than, two square feet for each foot in length
of the frontage of the building. Where the lot adjoins an RR, RS, RU, RM or
RV District, no sign shall be attached to the side of the building that faces
the adjoining RR, RS, RU, RM or RV lot or lots.
(d) Upon approval of the Planning and Zoning Commission embellishments
and/or cut outs are permitted.' The top of said embellishment shall not
exceed thirty-five (35) feet from the road level.
(e) Individual business or industrial establishments may erect a free-standing
business sign, provided the lot frontage is at least forty (40) feet. The free-
standing sign shall be located in such a manner that no part of the
supporting structure is less than twenty-five (25),feet from the street right-of-
way, and that no part of the sign is closer than five (5) feet to the right-of-
way. The total area for any sign or signs on one supporting structure shall
not exceed 300 square feet and the total height of the sign structure shall
not exceed thirty-five (35) feet. Businesses or industries having a frontage
on more than one street may have an additional free-standing sign for each
street frontage, provided that the total area for all free-standing signs does
not exceed.600 square feet. Where the lot adjoins any lot or lots.in a RR,
R5, R11, PM, or`RV'District, and a freestanding sign is on the side of the
business lot adjoining the residential lot, the sign shall not face the adjoining
RR, RS, RU, RM or RV lot.
(f) Individual business or industrial establishments may erect a portable sign.
The total area shall not exceed thirty-five (35) square feet.
Section 22.24 Outdoor Advertising Signs727
The design and location of outdoor advertising shall conform to all federal, state,
and county laws and regulations and specifically the following:
(a) Outdoor Advertising Signs npt in existence or for which applications for
permits orsite plans were not accepted prior to November 16, 2004 are
prohibited, except as provided in Section 22.24(c).
(b) Outdoor Advertising Signs in existence orr for which applications for permits
or site plans were accepted prior to November 16, 2004 shall be considered
nonconforming uses. Any rehabilitation, alteration (excluding change of
advertisements) or replacement (excluding relocation) of nonconforming
signs shall be subject to the following regulations:
1. No increase in the size or height of an existing Outdoor Advertising Sign
shall be permitted. An existing Outdoor Advertising Sign may be
127 Revision 14, Section 22.24 amended 11/16/04 (RZ-04-007)
269
abandoned and relocated in favor of a new sign pursuant to Section
22.24(c).
2. All Outdoor Advertising Signs must be static. Any movement including
but not limited to flashing, scrolling, rotating, changing in light intensity
or color, or image projection is prohibited. Tri-vision and other
mechanical sighs are also prohibited.
3. A site plan must be submitted for all Outdoor Advertising Signs in
accordance with the procedures and requirements set forth in Section
4.11. In addition to the: information required in.Section 4.11, the following
shall be submitted:
i. Location of all existing signage within 1,000 feet of the proposed
location of the Outdoor Advertising Sign.
H. Plan and profile views of the sign indicating h eight, size, number of
panels, dimensions of panels, and type of mounting (flag mount,
center mount, etc.)
iii. Color photographs of existing conditions with the location of the
sign, superimposed to illustrate the change in the visual landscape.
(c) A new Outdoor Advertising Sign may be erected, subjectto the following
regulations:
1. A new Outdoor Advertising Sign shall not be erected until after the
removal of one that was lawfully erected.
2. An Outdoor Advertising Sign may not be erected in the following
locations:
i. Outside of the urban or town growth area boundaries as
established in the Comprehensive Plan for Washington County as
amended from time to time.
ii. Within 1,000 feet, measured from the centerline of the road, of the
following corridors:
a. U.S. Route 40 and MD 144 (National Pike) from the
incorporated limits of the City of Hagerstown, west to the
Allegany County border, excluding the portions of the roads
within the incorporated limits of the Towns of Clear Spring and
Hancock.
b. U.S. Alternate Route 40 (Old National Pike) from, the
incorporated limits of the Town of Funkstown south to the
Frederick County border, excluding the portion of the road
within the incorporated limits of the Town of Boonsboro.
270
c. Maryland Route 65 (Sharpsburg Pike) from Interstate 70 south
to Maryland Route 34, excluding the .portion of the road within
the incorporated limits of the Town of Sharpsburg.
d. Maryland Route 34 (Shepherdstown Pike) from Monroe Road
west to the West Virginia state border, excluding the portions
of the. road within the incorporated limits of the Towns of
Boonsboro, Keedysville and Sharpsburg.
e. Maryland Route 63 (Greencastle Pike) from the Pennsylvania
state border south to the incorporate limits of the Town of
Williamsport, excluding the ,portion of road from U.S. 40,
traveling south to Interstate 70..
f. U.S. Route 340 from the West Virginia state border to the
Frederick County border.
g. Maryland Route 60 (Leitersburg Pike) from Marsh Pike to the
Pennsylvania state border.
h. Maryland Route 67 (Rohrersville Road) from U.S. Alternate
Route 40 to U.S. Route 340.
i. Maryland,Route 68 (LappansRoad) from 1-81 southeast to
U.S. Alternate Route 40:,,,
iii. In residential zoned areas including RR, RS, RU, RM, HI -2 and
PUP.
3. Priority areas for removal of existing Outdoor Advertising Signs shall
coincide with the corridors outlined in Section 22.24(c)2.
4. No Outdoor Advertising Sign face shall exceed 300 square feet.
Cumulative sign area shall not exceed 600 square feet.
5. No Outdoor Advertising Sign shall have more than two (2) faces. All
Outdoor Advertising signs with two (2)faces shall have the two (2) faces
placed back to back in a parallel arrangement with one another. A
modification of the arrangement maybe approved by the Planning
Commission up to forty-five (45) degrees.
6. No Outdoor Advertising Sign shall be greater than thirty (30) feet in
height. Height shall be the greatest measured distance from lowest
road grade at centerline of the closest road at right angles to the base of
the sign, then perpendicular to the top of the overall structure. If the
base of the sign is located at an intersection where it is equidistant from
either road, the lowest of the two road grades shall be used.
271
7. No Outdoor Advertising Sign shall be located within 500 feet of an
adjacent property that is zoned for or contains dwellings, hospitals,
nursing homes, schools, or other residential institutions for human care.
If illuminated, the sign shall not be located within 1,000 feet of an
adjacent property that is zoned for, or contains, dwellings, hospitals,
nursing homes, schools, or other residential institutions for human care.
8. No Outdoor Advertising Sign shall be visible to the degree of being
readable or intended to be read at any time from or on a property
containing a structure deemed historic as recognized by the National
Register of Historic Places, the Maryland Historical Trust, or properties
that have a Historic:Preservation Overlay zoning designation.
9. No Outdoor Advertising Sign shall be located within 500 feet of another
Outdoor Advertising Sign. 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 non -dual lane
highways, spacing'shall be determined and measured between signs
regardless of the side of the highway on which they are located or
proposed.
10. Outdoor Advertising Signs shall be permitted in the BL, BG, HI -1, PI, IR
and IG zoning districts provided all other criteria stated in this section
are met.
11. Placenient'of'ah Outdoor Advertising Sign on an object other than a
structure as defined in this Ordinance is prohibited (e.g., placement on
trailers, utility poles, fences, etc.)
12. All new Outdoor Advertising Signs shall also conform to the regulations
outlined in Section 22.24(b).
13y New Outdoor Advertising Signs shall not be located so as to limit or
prohibit the ability to view another on -premise or Outdoor Advertising
Sign.
(d) Mobile Outdoor Advertising Signs are prohibited.
Section 22.24A Permanent Residential Identification Signs12°
(a) No more than two (2) permanent identification sighs may be placed at the
primary residential roadway entrance. No more than one (1) sign may be
placed at secondary entrances.
(b) The sign must be designed so as not to obstruct full sight distance.
128 Revision 3, Section 22.24A added 1123/90 (RZ-440)
272
(c) Signs shall be a minimum of ten (10) feet from the road right-of-way.
(d) The size of the identification signs shall not exceed thirty-five (35) square
feet in area (to include script and monument) or seven (7) feet in height.
(e) All permanent residential signs must be landscaped. Plant materials shall
comply with the landscape plan standard specified in Section 4.16, 1, 2, 3
and 5. All plans should be submitted to the department of permits and
inspections upon application of a permit.
(f) ' Sign maintenance is the sole responsibility of the developer and/or assigns.
Section 22.25 Approval of Location and Maintenance of Signs Requiring Zoning
Permits129
The following regulations shall, without exception, be observed with respect to
the approval of location and maintenance of signs enumerated in Section 22.22.
(a) No sign shall be permitted that imitates or resembles an official traffic
control device, railroad sign or signal, or hides from view or interferes with
the effectiveness of an official traffic control device, railroad sign or signal,
or traffic sight lines. Illuminated signs shall be so constructed as to avoid
glare or reflection. on any portion of an adjacent highway or residential
buildings.
(b) No sign which implies the: need or requirement of stopping or the
existence of danger shall be displayed.
(c) No Outdoor Advertising Sign shall be placed closer than three hundred
(300) feet to an intersection on a dual or proposed dual highway or within
one hundred (100) feet of any other intersection; provided, however, that
such signs may be affixed to or located adjacent to a building at such
intersections in such a manner as not to materially cause any greater
obstruction of vision than caused by the building itself. No business sign
shall be so located to obstruct the vision of traffic using entrance ways,
driveways, or any public road intersection.
(d) All Outdoor Advertising Signs shall comply with setback provisions in the
districts in which they are permitted.
(e) No sign shall be located on the right-of-way of any road or on any slope
or drainage easement for such road.
(f) No sign shall be permitted which contains statements, words, or pictures
of an obscene, indecent or immoral character, or such as will offend
public morals or decency.
129 Revision 14, Section 22.25 amended 11/16/04 (RZ-04-007)
273
(g) No sign shall be placed on rocks, trees or on poles maintained by public
utilities.
(h) No sign shall be permitted which, becomes unsafe. or endangers the
safety of a building, premises or persons and unless maintained in a good
general condition and in a reasonable state of repair.
(i) Where a sign structure does not include advertising information or is in a
deteriorated condition for a period of .one. hundred twenty (120) days,
such sign structure shall be repaired and repainted or repapered to
include advertising information. If this requirement is. not fulfilled, the sign
structure shall be removed no later than sixty (60) days from the notice of
violation.
Section 22.26 Special Exception Uses (Requiring Board Authorization After Public
Hearing)
Outdoor advertising signs may be approved by the Board and such approval
shall not be unreasonably withheld, and shall be considered acceptable to the Board if it
conforms to existing State law.
DIVISION 111130 (Deleted in its entirety)
DIVISION IV USE OF FLOOD PLAIN
Section 22.4 General Provisions131
Administration of use within the flood plain is to . be in accordance with the
adopted Washington County Flood plain Ordinance.
130 Division III deleted 9-6-83 (RZ-258)
131 Revision 1, Section 22.4 amended 11/15/88 (RZ-402)
274
DIVISION V - MOBILE HOME PARKS, TRAVEL TRAILER PARKS AND
MOBILE HOMES NOT IN MOBILE HOME PARKS OR TRAVEL TRAILER
PARKS
Section 22.5 Mobile Home Parks and Mobile Home Subdivisions'32
A mobile home park is a residential development with identifiable spaces
specifically designed to be rented, for the accommodation of mobile homes. A mobile
home subdivision is a residential development where separate tracts of land, specifically
designed to accommodate mobile homes, are intended to be sold to mobile home
owners.
It is the intention of the, County that mobile home parks and mobile home
subdivisions, when permitted, shall be developed to a high standard, providing a healthy
and pleasant living environment. Applications for a zoning permit for a mobile home park
or mobile home subdivision shall be subject to approval by the Planning and Zoning
Commission. Site plans submitted for approval shall meetthe design criteria outlined in
this section. An enlargement of an existing mobile home park shall require a zoning
permit as if it were a new establishment. All development under this Article shall meet
the requirements of the Washington County,Forest Conservation Ordinance and Manual.
Section 22.51 Design Standards
• (a) .Size of Mobile Home;Park: tract proposed for, development as a mobile
home park shall have a minimum area of three, acres and a minimum width
of 200 feet. In,a,case where the mobile home, park is removed from the
public highway, an access road with a minimum, right-of-way of 40 feet shall
be provided,
(b) Design of Mobile Home Park Spaces In a mobile home park, a separate
space shall be provided for each mobile. home and shall include a patio area
and connections for public or community water supply and sewerage
disposal and electric service. Mobile, home spaces in different sections of the
mobile home park may vary in size, ,but no space shall be less than 4,400
square feet in area and there,shall not be more than,8 mobile home spaces
per net acre. Mobile homes may be placed in, their mobile home park spaces
at the discretion of the developer, provided, no part of a mobile home,
including expansion. units, shall be closer than 8 feet to the front edge of the
space provided or closer than 5 feet from the ;other perimeters of its space.
In no case may mobile homes be located closer than 20 feet apart. Each
space shall be permanently marked by a number.
(c) Design of Mobile Home Subdivision Lots: In a mobile home subdivision as
defined in Article 28A, a separate lot shall be provided for each mobile
home. Provisions shall be made for electricity and for public or community
water and sewerage disposal systems. Mobile home lots may vary in size;
132 Revision 6, Section 22.5 amended 219/93 (RZ-92-16)
275
but no lot shall be less than 4,400 square feet in area and there shall not be
more than 8 mobile home lots per net acre. No part of a mobile home,
including expansion units, shall be closer than 8 feet to the front edge of the
lot boundary, 5 feet from its: other lot perimeters, or closer than 20 feet to an
adjacent mobile home. Each lot shall be permanently marked by a number.
A mobile home subdivision shall meet the design and procedural
requirements outlined in the Washington County Subdivision Ordinance and
the regulations of the Maryland Department of Health and Mental Hygiene.
(d) Driveways and Parking: Private streets shall provide access to each mobile
home space. One parking space shall be provided as part of each mobile
home space and one additional space shall be provided for each four
spaces to provide for two -car families and guests, except where the right-of-
way will have curbs and 'sidewalks and is a minimum width of 40 feet. The
Commission may waive the requirement of location of mobile home spaces
abutting on a driveway if a paved parking lot is provided for such mobile
home park and adequate walkways are provided to mobile homes.
(e) Open Space and Recreation Areas: The land remaining after allocation of
area for mobile home spaces and access streets shall be developed as
landscaped open spaces and recreation areas.
(f) Accessory Uses: As part of a zoning permit, the Commission may allow
convenience commercial establishments, including convenience food stores,
laundry and d'ry cleaning establishments, beauty andbarber shops, and
similar trades and services. These establishments and their related parking
spaces shall not occupymiore tharr 10 percenUdf the 'mobile home park or
subdivision area, and this area shall not be included in calculations of
residential density. They shall be subordinate to the residential use and
character of the park, and shall present no visible evidence of their
commercial character from any area outside the park.
(g) Travel Trailers: If travel trailers are allowed in the mobile home park, they
shall be located in a separate section which is designed for and has the
facilities for travel .trailers, as outlined' in Section 22.52: The Commission in
allowing a mobile home park may prohibit travel trailers.
(h) Screening and Setbacks: No mobile home in'a mobile home park shall be
located closer than 50 feet to the property line of the park.
276
Section 22.52 Travel Trailer Parks133
Temporary and/or permanent travel trailer parks are principal permitted uses in a
C, A, RB-E and RB-N Districts. Travel trailer parks are intended to provide not more than
thirty (30) day accommodations for the type of travel vehicles which are becoming
increasingly popular for travel and vacation use, including the travel trailer, the pick-up
coach, the motor -home and the camping trailer. Travel trailer parks shall meet the
following design requirements:
(a) Density and Design: A travel trailer park must be at least two acres in size.
Each space shall be at least 1,000 square feet in area. Trailers shall be
separated from each other and from other structures by at least fifteen feet.
Accessory structures such as awnings and carports shall, for purposes of
this separation requirement, be considered to be a part of the trailer. No
more than 25 spaces per acre shall be allowed. The remaining area shall be
reserved for recreation and open space use. No building or trailer shall be
located closer than 25 feet to the tract boundary.
(b) Service Facilities: A central service building containing the necessary toilet
and washing facilities shall be provided in each travel trailer park. The
number and arrangement of thesefacilities shall be approved by the
Washington County Health Department. Accessory stores and services may
be permitted as in a mobile home park, provided these services are intended
and arranged only for use of the travel park residents.
(c) Parking and Access: Off-street parking, 'consisting of one space per trailer
space, shall be provided except where the right-of-way will have curbs and
sidewalks and is a minimum width of 40 "feet. Additional spaces for visitors
shall also be provided. All trailer spaces shall have access to a public road
by of an interior service drive.'
(d) Review Procedure: When submitting the application for a zoning permit, the
applicant shall include'a plan, drawn at a scale of 1".=100 feet showing the
arrangement of travel trailer sites and connecting driveways. The site plan
shall be approved by the Planning. and Zoning Commission as part of a
zoning permit in the Conservation and Agricultural District. The applicant
shall also present a written' statement, with accompanying plans, describing
how water and sewerage disposal` service are to be provided. These
arrangements shall be approved by the Washington County Health
Department before a zoning permit is approved.
Section 22.53 Travel Trailers
Camping or recreational travel trailers and recreational travel vehicles as defined
in Article 28A are allowed as an accessory use in any district, provided they are parked
or stored in a garage or accessory building or in the rear yard, side yard, or driveway of
the lot occupied by the owner, in which case it shall be no closer than four (4) feet to the
133 Revision 15, Section 22.52 amended 9/19106 (RZ-06.0071ORD-06-09)
277
rear and side lot lines and no closer than ten (10) feet to the front lot line or to the road
edge, street, street curb, or sidewalk, whichever is closest to the parked or stored
vehicle. No recreational travel vehicle shall be used for living purposes except in bona
fide recreational camping areas. Mobile homes as defined in Article 28A are specifically
excluded from the provision of this section.
Section 22.54 Mobile Homes134 135
(a) All mobile homes shall have a minimum of five hundred (500) square feet of
floor space.
(b) Mobile homes shall be permitted in. the A, C, A(R), EC, and P districts and
shall be prohibited in all other districts except as specifically allowed under
the provisions of this Ordinance.
(c) Replacement:
(1) A mobile home may replace another mobile home in any district
provided such replacement is done no later than thirty (30) days from
the removal date of the replaced mobile home, the provisions of Section
4.3(d) notwithstanding.
(2) Except jn the A, C, A(R), EC, and P Districts, the replacing mobile home
must be, set on the same site as the replaced mobile home with the
latter being removed from the property no later than thirty (30) days from
the zoning permit issuance date.
(d) In no district shall a.mobile ;home be parked, stored, or utilized as an
accessory use, however, in the. A, C, A(R), EC, and P Districts, one mobile
home may be parked or stored on the same lot with a principal permitted
use for a period not to exceed thirty (30) days, provided that no living
quarters shall, be maintained in the mobile home nor any business
conducted thetewith, and, further provided that a zoning permit shall be
required for the parking or storage.
(e) All mobile homes shall be placed on a solid masonry support and shall have
skirting sufficient to hige the undercarriage from view. Such skirting shall be
completely installed no later than ninety (90), days from the date the zoning
permit is issued.
(f) All provisions of this Section shall be subject to the requirements of Sections
4.1,4.2 and 22.4.
134
135
Revision 2, Section 22.54(b) amended 10/17/89 (RZ-422)
Revision 15, Section 22.54 (b)(c)&(d) amended 9/19/06 (RZ-06-007/ORD-06-09)
278
DIVISION VI - TOWN HOUSE DEVELOPMENT
Section 22.6 General Provisions for Town House Developments
Town houses are to be allowed only in town house developments.
Section 22.61 Design Standards
(a) Net Land Lot Area: No town house development is to have an area less than
five acres. There shall be at least 3,500 square feet of net land area per
town house, and no more than 10 town houses per acre. Each town house
lot shall have a minimum of 1,600 square feet. The difference in lot size and
net land area per town house shall be allocated to open space common
area.
(b) Tract Frontage: Each interior parcel or tract used for a group of town houses
shall have a width of at least 100 feet and each corner parcel or tract shall
have a width of at least 120 feet.
(c) Town House Lot Width: The minimum width of a town house lot shall be 16
feet. Each lot on the end of.a row of town houses shall have an additional
width necessary for the required side yard.
(d) Length of Town House Row: There shall be not more than ten or less than
three town houses in a row.
(e) Yard, Front: Each town house shall have a front yard of 25 feet. The
Planning and Zoning Commission may allow enclosing of front yard space
when the town house development is designed for this feature. Town
houses may be arranged to face onto a common open space. Such a space
shall not be less than 50 feet in width and shall be arranged to permit access
for emergency vehicles. With such an arrangement, the front yard
requirement may be reduced to 10 feet.
(f) Yard, Side: A side yard at least ten (10) feet in width shall be provided at
each end of every row of town houses. When the yard adjoining the corner
lot along the rear lot line fronts on the side street of the corner lot, the width
of the corner lot shall be increased to provide a side yard equal to the
adjoining front yards.
(g) Yard, Rear: Each town house shall have a rear yard at least 20 feet in depth.
An accessory building shall be located only in a rear yard and shall occupy
not over 25 percent of the rear yard area and shall be located not less than
five (5) feet from any alley or rear service street line.
(h) New town house development concepts and techniques not complying with
the design standards of this Section, may, after review, be approved by the
Planning and Zoning Commission if the Commission finds, in its opinion, as
279
a matter of fact, that such development will not substantially affect adversely
the uses of adjacent and neighboring properties.
(i) Access Drives and Off -Street Parking: Off-street parking space shall be
provided at the rate of 1.8 spaces per town house. In a subdivision of town
house lots, it will not be necessary that off-street parking be provided on a
specific lot so long as the required number of parking spaces are provided in
the subdivision for the number of lot to be served. No parking area shall be
more than 200 feet from the town house lot it serves.
280
DIVISION VII - MULTIPLE -FAMILY GROUP DEVELOPMENTS
Section 22.71 General Provisions
Multiple -family group developments (apartment project) are permitted in the RM
District, and require site plans.
Section 22.72 Design Standards
(a) Net Lot Area: A parcel of land used for a Multiple -Family Group
Development shall be under one ownership and shall have an area of at
least 20,000 square feet and a lot frontage of at least 100 feet. When so
used, such a parcel of land shall be considered to be one lot for the purpose
of these regulations. Multiple -Family Group Developments shall be governed
by the lot, yard and bulk requirements in Article X. The yard requirements
shall apply to distance from private interior streets within the project as well
as distance from surrounding public streets.
(b) Width and Depth of Courts: In the case of a building not over 40 feet in
height, the minimum width of an outer court, bounded by walls on three
sides, shall be 40 feet. When the building height exceeds 40 feet, the
minimum court width shall be increased by one foot for each additional foot
of building height. The depth of an outer court, bounded by walls on three
sides, shall not be over one -and -one-half times the width and shall not
exceed 100 feet. When an outer court is partially enclosed by projections,
the sum of the projections shall not exceed 25 percent of the greatest
required court width.
(c) Distance Between Multi Group Dwellings: In the case of multiple group
buildings not over 40 feet high, the distance between opposing buildings
shall be a minimum of 40 feet. When building height exceeds 40 feet, the
minimum distance shall be increased by a distance equal to one-half the
sum of the additional heights. In the case of opposing buildings on the same
lot with opposing partially overlapping walls, the portions of which do not
exceed 15 feet in length, the distance between buildings may be reduced to
two-thirds of the required distance. In other cases, except as provided
above, the minimum distance between buildings shall be 20 feet.
(d) New Multiple -Family Development concepts and techniques not complying
with the Design Standards of this Section, may, after review, be approved by
the Planning and Zoning Commission if the Commission finds, in its opinion,
as a matter of fact, that such development will not substantially affect
adversely the uses of the adjacent and neighboring properties.
Section 22.73 Site Plan Review of Multi -Family Group Development
In reviewing the site plan of a proposed Multiple -Family Group Development, the
Planning and Zoning Commission shall consider the overall arrangement of buildings,
281
parking areas and open space on the site and the relation of the project with surrounding
development.
282
DIVISION VIII - CLUSTER SUBDIVISION
Section 22.81 General Provisions
In any rural or residential district, the Planning and Zoning Commission may
authorize the subdivision of tracts or parcels of land of not less than ten (10) acres into
lots for residential uses, and such lots may be smaller than otherwise required in the
districts in this Ordinance.
Section 22.82 Design Standards136
A residential cluster subdivision shall meet the following standards:
(a) The total number of lots and dwelling units shall not exceed the number that
would be permitted if the area were developed in conformance with the
normal minimum lot size requirements in the zoning district where they are
located.
(b) The unlotted land derived from reduction of lot sizes shall be provided and
maintained as "open space" or "recreational areas" for joint use by the
residents of the cluster subdivision. The open space areas may be conveyed
to the County if the County is willing to accept such land, or shall be
conveyed to a non-profit Home Association, as defined in Article 28A, or to
another entity approved by the Planning Commission. The Planning
Commission shall not approve left -over parcels or marginal land for open
space but will accept for averaging only land suitable for park conservation
and recreation purposes.
136 Revision 11, Section 22.82(b) amended 5/19198 (RZ-98-09)
283
DIVISION IX -ANIMAL HUSBANDRY FACILITIES137
Section 22.91 Purpose
The purpose of these requirements is to assure that animal husbandry facilities
as defined in Article 28A and expansions as defined in Article 28A are designed and
operated in a manner as to comply with all applicable state and federal guidelines and
regulations, to protect the environment (air, water and soil resources), and to afford the
operator of these facilities the economic benefits of best management practices.
Any construction of a new animal Husbandry facility, expansion of any existing
animal husbandry facility, or installation or expansion of an animal waste storage and
management system for an animal husbandry facility shall meet the requirements set
forth by this Division.
The requirements established in this Division shall be based upon the total
amount of manure produced on a farm in one year from any and all animal sources. This
shall be called the total annual farm manure production and shall be calculated using
excreted values by weight determined from the most current edition of the Agricultural
Waste Management Field Handbook, U.S. ,Department, of Agriculture, and Soil
Conservation Service.
Section 22.92 Exemptionsl3a
(a) Any facility falling under the requirements of this Division of the Washington
County Zoning Ordinance shall be exempt from all fees.
(b) Setback requireme
structure construct
waste generated I
housing animals ,
exemption shall r
storage facilities.
produce less than
its established in this Division shall not apply to any new
:d for thepurpose of storage and management of animal
y an existing facility. Expansions of existing structures
hall alsp be exempt from setback requirements. This
at apply to expansions of existing waste handling or
hpse exemptions shall only, be applicable to farms that
a total of 6,000 tons of manure per year (including any
expansion) and are located outside of any designated Growth Area (Urban
or, Town) and less than a,o00 tons of manure for farms that are located
inside a Growth Area.
137 Revision 7, Division IX repealed and reenacted 218/94 (RZ-93-13)
Revision 11, Division IX title amended 7120199 (RZ-99-02)
138 Revision 11, Section 22.92(b) amended 7/20199 (RZ-99-02)
284
Section 22.93 Applicability and Application Procedure139
(a) The following procedure shall apply to new animal husbandry facilities
including new animal waste storage and management systems or
expansions on farms that produce annually less than a total of 6,000 tons of
manure including the production from the new or expanded facility and are
located outside of any designated Growth Area (Urban or Town) and less
than 3,000 tons of manure for, farms that are located inside a Growth Area.
1. A Waste Management Plan as defined in Article 28A shall be prepared
and submitted to the Soil Conservation District. The Soil Conservation
District maydetermine that a Waste, Management Plan is not required.
In such cases, the Soil Conservation District shall issue to the applicant
a letter of exemption.
2. A Nutrient Management Plan as defined in Article 28A shall be prepared
and submitted to the University of Maryland Cooperative Extension
Office.
3. The proposed facility shall comply with the design standards stated in
Section 22.94.
4. A zoning permit from the Division of Plan Review and Permitting shall be
applied for along with submittal of six (6) copies of the concept plan for
the facility.
139
5. The Division of Plan vi
Consultation. The foliowir
participate in the Preli 'min
of Plan Review and Pert
District, Engineering Dep
the Hagerstown Regional.
the boundary' of the A/}
District.
District.
and Permitting shallschedule a Preliminary
agencies shalj review the concept plan and
Consultation.Health Department, Division
ing, Washington County Soil Conservation
rent, Cooperative Extension Service, and
port, if the proposed facility is located within
-Airport Hazardous Wildlife Management
6. After the Preliminary Consultation, the Plan shall be taken to the
Planning Commission for its approval and possible establishment of
additional requirements based on the recommendations of the
Washington County Soil Conservation District and other reviewing
agencies. Upon approval or favorable comment by the reviewing
agencies and the Planning Commission, the Division of Plan Review
and Permitting may issue a permit. If revisions are required by the
Planning Commission, a maximum of six (6) copies of the revised
concept plan shall be submitted.to the Division of Plan Review and
Permitting for redistribution. Upon receipt of any outstanding agency
Revision 17, Section 22.93(b)4, 5, and 6 amended 4/17/12, elf. 711/12 (RZ-10-005/ORD-2012-07)
285
approvals, or favorable comments, the Division of Plan Review and
Permitting may issue a zoning permit.
(b) The following procedure shall apply to new animal husbandry facilities
including new animal waste storage and management systems or
expansions on farms which produce annually a total of 6,000 tons of manure
or more, including the production from the new or expanded facility and are
located outside of any designated Growth Area (Urban or Town) and 3,000
tons of manure or more for farms that are located inside any Growth Area.
1. A Waste Management Plan as defined in Article 28A shall be prepared
and submitted to the Soil Conservation District.
2. A concept plan shall be prepared based on the design standards set
forth in Section 22.95. The Soil Conservation District may assist
potential applicants in preparing the concept plan.
3. A Nutrient Management Plan as defined in Article 28A shall be prepared
and submitted to the University of Maryland, Cooperative Extension
Office.
4. A zoning permit from the Department of Permits and Inspections shall
be applied for along with submittal of six (6) copies of the concept plan
for the facility:
5. The Department of Permits and inspections. shall forward the concept
plan to the Planning Department. The Planning Department shall
schedule a Preliminary Consultation. The following agencies shall
review the concept plan and participate in the Preliminary Consultation:
Health Department, Department of Permits and Inspections, Planning
Department, Washington County Soil Conservation District, Engineering
Departmentand Cooperative Extension Service.
6. After the Preliminary Consultation, the Plan shall be taken to the
Planning Commission for its approval and possible establishment of
additional, requirements based on the recommendations of the
Washington County Soil Conservation District and other reviewing
agencies. Upon approval or favorable comment by the reviewing
• agencies and the, Planning. Commission, the Department of Permits and
Inspections shall be notified by the Planning Department that a permit
• can be issued. If revisions are required by the Planning Commission, a
maximum of six (6) copies of the revised concept plan shall be
submitted to the Planning Department for redistribution. Upon receipt of
any outstanding agency approvals, or favorable comments, the
Department of Permits and Inspections shall be notified by the Planning
Department that a zoning permit can be issued.
Section 22.94 Design Standards (Below 6,000 Tons Annual Farm Manure Production
Outside Growth Areas and 3,000 Tons of Farm Manure Inside Growth Areas)
(a) Animal waste storage and management systems associated with an animal
husbandry facility and/or any structure housing animals shall have a
minimum building. setback of 100 feet from the property line or public road
right-pf-way unless exempted under Section, 22.92(b).
Section 22.95 Design Standards (6,000 Tons Annual Farm Manure Production or More
Outside Growth Areas and 3,000 Tons or More of Farm manure Inside Growth Areas)
(a) Animal waste storage and management systems associated with an animal
husbandry facility and/or any structure housing animals shall have a
minimum. building setback of 300 feet from the property line and 250 feet
from any public road right-of-way. The npnimum building setback shall be
500 feet from anydwelling, school, church, or institution for human care not
located on the same lot, except for dwellings on lotscreated for the purpose
of tenant houses or immediate family members.
(b) the Planning Commission, may establish additional building setbacks not to
exceed two times the minimum stated in Section 22.95(a) and/or other
requirements based on recommendations from the specified agencies.
(c) the concept plan shall be drawn at a scale sufficient to determine setbacks
and proximity to adjacent dwellings and shall include the following items:
(1) Nprth arrow
(2) Election District
(3) Outline of parcel!;or parcels upon which the operation is to be located
(4) Location of, adjacent dwellings or recorded subdivisions
(5) Location, size and use of existing or proposed structures
(6) Location and, description of existing or proposed animal waste storage
structure
(7) Location of. existing or proposed well
(8) Access Location
(9) Information to include soil types, direction of slope, rock outcrops,
streams, ponds, flood plain, etc.
(d) The Washington County 'Soil Conservation District shall inspect all
construction of a new manure storage structure or expansion to an existing
manure storage structure prior to certifying the structure for use. Such
construction shall comply with the applicable standards and specifications of
the Agricultural Waste Management Field Manual, U.S. Department of
Agriculture, Soil Conservation Service.
287
DIVISION X - LIGHTING140
Section 22.10.0 Purpose
The purpose of this section is to encourage good lighting practices that promote
safety, security, and energy conservation by reducing the impacts of glare, light
trespass, and overlighting.
Section 22.10,1 Applicability
These outdoor lighting regulations apply to the installation of new outdoor lighting
fixtures or replacement of existing outdoor lighting fixtures.. Replacement of a lighting
fixture shall be defined as a change of fixture type, or a change to the mounting height or
location of the fixture. Routine maintenance of lighting fixtures, such as changing lamps,
light bulbs, and other fixture components (not including fixture housing), shall not
constitute a replacement and is allowed provided that the change does not result in a
higher light output than approved as part of the lighting plan. Exterior lighting shall be
provided for all uses,that receive: nighttime use.
Section 22.10.2 Existing Fixtures
Outdoor lighting. fixtures lawfully existing on or before the adoption of these
regulations April 17, 201.2 are deemed to be lawfully non -conforming and may remain
until the :fixture is replaced. A. non -conforming lighting -fixture that is replaced shall be
:replaced with a conforming fixture and is subject to the provisions of this Article. Any site
plans, development plats, conditional use permits,building permits, or special exception
applications approved prior to the effective date of this Section shall also be considered
non -conforming and permitted to continue until the fixture is replaced.
Section 22,10.3 General. Provisions
(a) Shielding:
Exterior, lighting shall be fully shielded using concealed source fixtures
directed downward and away from adjacent. properties and street rights -
of -way. All exterior light fixtures shall utilize full cutoff housings, louvers,
glare shields, optics, reflectors, or other measures to prevent off -site
glare.
(b) Glare and Light Trespass:
Exterior lighting shall be designed, constructed, and maintained in a
manner that minimizes off -site glare, light trespass on neighboring lots,
and traffic hazards for motorists. Glare control shall be accomplished
primarily .through the proper selection and application of lighting
equipment. Only after those means have been exhausted shall
140 Revision 17, Division X added 4/17/12, off. 7/1/12 (RZ-10-0051ORD-2012-07)
288
landscaping, fencing, and other screening methods be considered as
acceptable means for reducing glare.
(c) Intensity:
The maximum intensity of light within any site shall not exceed the
following standards unless otherwise provided in this Article:
1. Outdoor Sale Area Lighting. The Planning Commission, or its
designee, may permit a maximum; lighting intensity of 20.0
footcandles for any point within an outdoor sales area; provided all
site lighting is otherwise in compliance with this Ordinance.
2. Pump Island Canopy Lighting. The Planning Commission, or its
designee, may permit a maximum light' intensity of 20.0
footcandles for anypoint a g6t'station pump lsland canopy
where all light fixtures under the canopy are fullytecessed into the
canopy structure, and the remainder of all site lighting is otherwise
in compliance with this Ordinance.
(d) Lamp'Wattages
Lamp wattages and types shall be consistent with the light fixture's style
and intended functions as follows:
1. Antique -style street lamps and other decorative exterior light
fixtures shall be limited to incandescent, compact fluorescent, or
high-pressure sodium lamps with a maximum wattage of one
hundred (100) watts per fixture.
2. Security lighting in low traffic areas shall be provided by low-
pressure sodium lamps.
3. Fixtures for parking lots, streets, sidewalks, and other high traffic
areas shall use low or high-pressure sodium or metal halide lamps
with a maximum wattage of two hundred fifty (250) watts per
fixture up to twenty (20) feet in height above grade, and four
hundred (400) watts per fixture over twenty (20) feet in height
above grade.
4. New lighting technologies and their standards that• are not
currently regulated by this section shall be evaluated and may be
approved for use on a case by case basis by the Planning
Commission after consultation with industry guidelines and
standards that may be in place in other jurisdictions until uniform
standards can be included in this Ordinance through amendment.
(e) Measurements:
Measurements of exterior lighting height and intensity shall be made in
accordance with the following standards:
1. Lighting levels are to be measured in footcandles with a direct -
reading certified and calibrated portable light meter. Readings are
taken only after the cell has been'exposed long enough to provide
a constant reading.
2. Light intensity levels within the site shall be measured on the
horizontal plane at grade level.
3. Light intensity levels shall be measured on the vertical plane of the
lot or street right-of-way boundaries at a height of five (5) feet
above finished" grade.
4. Measurements' are made after dark with the light sources in
question on, then with the same sources off. The difference
between the two readings shall be compared to the maximum
permitted illumination on the property in accordance with Section
22.10.3(c) above. This procedure eliminates the effects of
moonlight and other ambient light sources.
5. Where light patterns overlap, their total intensity shall be the sum
of their individual intensities.
(f) Submittal Requirements
An exterior lighting or photometric plan shall be required with any site plan
and/or development plan. Subdivision plats that do •. not meet the
exemption criteria of this section must also submit a photometric plan as
part of the application (i.e., street lighting and multi -family unit
subdivisions or site development plans). The photometric plan shall be a
separate and distinct sheet ' within the overall site plan packet.
Photometric plans shall be shown. together with landscaping plans so as
to avoid interference of one by the other: The following elements are
required to be shown on the photometric plan:
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Proposed Lighting
Symbols designating type, size, and location of all fixtures
(building mounted and, freestanding) on site.
Key delineating symbols used.
iii. Height of all lighting fixtures (building mounted and
freestanding) including mountings, poles, etc., from
finished grade to the top of the lighting fixture.
2. Manufacturer's specifications and details for each different type of
light fixture, including a graphic representation and written
description of each type of lighting fixture, footcandle output, type
of lamp, method of shielding, and mounting specifications
including poles, supports, and other devices.
3. On sites where an illuminated area is ten thousand (10,000)
square feet or greater, a point -by -point footcandle diagram is
required. The diagram shall include a ten (10) foot by ten (10) foot
grid and indicate a footcandle value at finished grade for each
grid. The diagram shall cover the entire site and associated areas
just beyond the property line so as to determine the amount of
light trespass and to determine that light trespass does not exceed
the limits specified in Section 22.10,3(c).
4. On sites where an illuminated area is less than ten thousand
(10,000) square feet, an iso-footcandle curve diagram is required.
The diagram shall show the footcandle values at finished grade for
all areas of the site and associated areas just beyond the property
line so as to determine the ' amount of light trespass and to
determine that light trespass does not exceed the limits specified
in Section 22.10.3(c).
5. A statement confirming, that all lighting, shall be directed so as to
avoid glare and light trespass on adjacent properties and roads is
required.
Section 22.10.4 Standards by Type of Fixture
(a) 'Freestanding Pole Lighting. The following standards shall apply to all
freestanding, pole -mounted light fixtures.
Height Restrictions. The maximum height of pole -mounted fixtures
shall be' directly proportional to the fixture's proximity to the
boundary of a residential district or lot occupied by an existing
residential use, as follows:
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Less than 50 feet from a residential district or use
15 feet
50 feet to 250 feet from a residential district or use
20 feet
250 feet to 500 feet from a residential district or
30 feet
e
use
More than 500 feet from a residential district or use
35 feet
2. Height Measurement. Fixture height shall be measured from
grade level to the highest point of the light source.
3. Fixture Shielding. In addition toproviding full cut-off light fixtures,
pole mounted lighting that is located within ten (10) feet of a
residential district or use shall have "house -sided" shielding to
direct light away from the residential area. A house -side shield
typically consists of a visor or shielding panel that attaches to a
light fixture.
4. Location. Parking• area lighting shall be located in landscaped
areas such as planting islands and buffers.
(b) Architectural and Landscaping Lighting.
Architectural lighting shall be subject to the following:
1. Facade Illumination. The purpose of lighting fa�ades and building
elements is to accent!featdres It is not to cause off -site glare or to
illuminate the entire building orfa4ede.
I. ?Exterior illumination of i;ailding facades shall be limited to
fully=shteldedfixtures'adiirected toward the fagade with all
light concentrated on the wall.
H. Illumination of any vertical surface or angular roof shall not
exceed 5.0 footcandles.
iii. Lighting fixtures shall be carefully located, aimed, and
shielded so that light is directed only on the building
fagade.
iv. To the extent :practicable and where possible, lighting
fixtures shall be directed downward rather than upward.
. When upward directed lighting is used, placing low wattage
fixtures with shields as needed close to the building to
graze the fagade is encouraged to minimize reflected light
from windows and other reflective surfaces.
v. Flooding or washing entire walls with lighting is prohibited.
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2. Site Features Accent Lighting,, Outdoor lighting used to illuminate
flags, statues, or other objects mounted on a pole, pedestal, or
platform (except signs), or spotlighting or floodlighting used for
architectural orlandscapepurposes, must use full cut-off or
directionally -shielded..` lighting fixtures that are aimed and
controlled so that the directed light is substantially confined to the
object intended to be illuminated.. In addition, such lighting shall be
shielded to protect motorists and pedestrians from glare.
(c) Recreational Facilities
When an outdoor recreation/sports; facility, has illuminated playing fields or
courts that,, individually or cumulatively, exceed ten thousand (10,000)
square feet in area, and/or associated, light poles that exceed twenty (20)
feet in height, the playing.fields/courts shall be subject to the provisions of
this.section. Other componentsof such facilities, including, but not limited
to, parking lots, administrative offices, restrooms, ticket sales, concession
stand and bleachers, or other spectator viewing areas shall not be subject
to this section,, but shall. be, subject, to, the provision of the rest of this
Article.An outdoor recreation/sports, facility that has illuminated playing
fields or courts, either individually or cumulatively, that are ten thousand
(10,000) square feet or less in. area and/or contain associated light poles
twenty (20) feet or less in height shall not be subject to this section.
1. In addition to the illumination limits in the chart below, facilities
subject to, this spction.shall;be permitted to illuminate the facilities
between.6;Q0 am, ,and .11:00; p.m: only.
Archery/Firing Ranes Boxes
20
Arche /Flrn Ranges (Range Area
10
Field Sports including: Baseball, softball, football,
field hockey, lacrosse soccer and track & field
50
Professional Baseball/Football Fields
150
Baseball/Softball Hitting Ranges/Cages
40
BasketbaiINolle ball/Recreational Tennis Courts
35
Professional, College, and. High School Tennis
Courts
60
Golf Course (Tee Boxes & Greens)
5
Golf Course Fairwa s
3
Golf Drivin Ran g e Tee Boxes)
20
Golf Driving: Range (Greens and Fairways)
5
Golf (Miniature).
Go -Cart, Quarter Mid g et Racin Tracks
20
30
Automotive, Raging'Tracks
100
Horse Riding Rings/Show Arenas
30
Swimming Pools (Pool Deck)
30
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(d) Sign Lighting
1. Projected lighting used to illuminate signs that are mounted on a
building, pole, pedestal, or platform should, to the extent
practicable and where possible, be directed downward rather than
upward. When upwardly -directed lighting is used, fixtures shall
consist of full. cut-off or directionally -shielded lighting fixtures that
are aimed and controlled so that the directed light shall be
substantially confined to the sign intended to be illuminated.
Directional control shields shall be used where necessary to limit
stray light., in addition, such lighting shall be shielded to protect
motorists and pedestrians from glare.
2. Internally-iiluminated'signs, except those which bear a registered
trademark, shall have an opaque background and translucent text
and symbols; or shall' have a translucent background that is not
white, off-white, or yellow in color.
Section 22.10.5 Prohibited Lighting
(a) Unshielded lighting that provides minimal or no cut-off.
(b) Animated fighting ,(flashing, flickering, moving, animated, or intermittent
lightingjwhen not part of a sign.
(c) Mercury, vapor lighting.
Section 22 106 Exempt Lighting,
(a) Exterior lighting accessory
requirements of this Article.
to farms shall be exempt from the
(b) Temporary holiday decorations shall be exempt from this Article.
(c) Temporary lighting for circus, fair, carnival, or other civic uses shall be
exempt from the requirements from this Article, except the zoning
inspector may impose reasonable restrictions on the use of such lighting
when necessary to protect the public health, safety, and welfare.
(d) This Article shall not apply to circumstances where federal, State, or local
laws, rules, or regulations take precedence over the provisions of this
Article, or where fire, police, emergency or repair personnel need light for
temporary or emergency situations.
(e) This Article shall not apply to fossil fuel light produced directly or indirectly
from the combustion of natural gas or other utility -type fossil fuels.
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Section 22.10.7 Alternatives and Substitutions
(a) Decorative Light Fixtures. The Planning Commission may approve the
use of decorative light fixtures as an alternative to fully -shielded fixtures,
provided thatsuch fixtures would enhance the aesthetics of the site
without causing off -site glare or light pollution. Demonstration of how the
alteration will comply.with the conditions of this section will be required at
the time of the request. 1.
(b) Fixture Alteration or Replacement. Light fixtures regulated by this Article
shall not be altered or replaced after approval has been granted, except
where the Zoning Administrator, or his/her designee, has verified that the
alteration or replacement would conform to this Article.
Section 22.10.8 Corrections and Enforcement
(a) All lighting approved'under these guidelines shall be installed to comply
with the approved plan.
(b) Upon a determination that lighting subject tq and approved under these
guidelines has not been installed accordingly'or has been modified after
installation, said lighting shall be adjusted to comply with the approved
plan upon notice from the Zoning: Administratoror other designated
official.
(c) Lighting that has been installed correctly'according to a plan approved
under these guidelines that still produces measurable off -site glare, light
trespass or overlighting in violation of these guidelines shall be modified
to comply with the applicable standard.
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DIVISION XI - LANDSCAPING, SCREENING, AND BUFFERS141
Section 22.11.0 Purpose
The purpose of this section is to provide standards for the design and
implementation of a landscaping, screening, or buffering plan that will promote visual
aesthetics, moderate climatic effects such as urban heat islands, minimize noise and
glare, reduce stormwater runoff, provide a transition between different land uses, and
promote environmental stewardship.
Section 22.11.1 Landscaping
(a) Application of landscaping requirements. These standards shall apply
to any development or redevelopment requiring site plan review.
Applicants are encouraged to. utilize the seven principles of xeriscape
landscaping which, when used together, have proved to produce superior
• landscapes that enhance the environment while saving water, reducing
upkeep, and providing aesthetic benefits.
(b) Expansion of Existing Development. For expansions of development
• that existed prior to the adoption of these requirements, the following shall
apply:
1. After the' enactment of this Article, cumulative expansions of
existing development• not' exceeding 'twenty-five percent (25%) of
the existing gross floor area •and not requiring or involving
additional parking areas shall be exempt from the provisions of
this Article.
2. After the enactment of this Article, cumulative expansions of
'existing development exceeding twenty-five percent (25%) of the
existing gross floor area shall 'be required to provide landscaping
in accordance with this Article.
3. Any parking lot constructed or: expanded as a result of the
expansion or change in use of an existing development shall
comply with the provisions of Section 22.11.1(g)2 of this Article.
(c) Density Calculations and Credits.
1. The minimum percentage of landscaping required shall be as
follows:
is Multi -Family Residential and Mixed Use Developments
(RM, MXR. MXC, MXE Districts). Ten percent (10%) of the
site, unless a greater minimum is specified in the district.
141 Revision 17, Division XI added, 4/17/12 elf. 7/1/12 (RZ-10-005/ORD-2012-07)
296
ii. Commercial Districts (BL BG, PB Districts). Five percent
(5%) of the site, unless a greater minimum is specified in
the district. Special attention should be given to visually
enhancing the primary visitor entrance(s).
iii. Light IndustriaL and Office -Districts (IR ORI,. ORT PI AP
Districts).. Five percent (5%) of the site, unless a greater
minimum is specified in the district. Special attention
should be given to visually enhancing the primary visitor
entrance(s).
iv. Heavy Industrial Districts (IG District). Five percent (5%) of
the site up to, twenty (20) acres,,unless a greater minimum
is specified in the district: One percent (1%) of all acreage
thereafter.
2. Landscaping areas shall primarily consist of vegetative plant
material such as shrubs, trees, and flowers. "Open Space" areas,
where the only land treatment is grasses or other turf treatments,
will not be counted towardmeeting landscaping requirements.
3.
4.
Landscaping used for on -site stormwater management facilities,
such as rain gardens, biomass areas, etc., may be used as credit
for. up to. thirty-five percent (35%) of the total landscaping
,requirements of the project. Structural features of the stormwater
facility (iie. pond, berms, weirs, swales, etc.) may not be included
within this credit.
Forest conservation mitigation may be used as credit toward
meeting up to thirty-five percent (35%) of the total landscaping
requirements of the project. However, this credit may only be used
if retention of- existing forest on -site will be the method of
mitigation or if either oh -site ,afforestation or on -site reforestation
mitigation options are used to meet forest conservation
requirements.
5. Stormwater management and forest conservation mitigation
credits listed above may be combined, but shall in no case exceed
sixty percent. (60%), of the total landscaping requirement for the
project.
6. Landscaping required in parking. facilities shall be calculated as
outlined in Section 22.11.1(g)2. and may be credited toward the
total landscaping requirements of the project if the area is being
used as part of the Stormwater Management Plan (i.e. sunken
islands,' etc.). Otherwise, landscaping in parking facilities shall be
in addition to the landscaping requirements stated in Section
22.11.1(c) above.
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(d) Plant Material Specifications:
1. Quality. All plant materials shall be alive and in a healthy
condition. Whenever possible, tree and shrub species used for
landscaping should be native to Washington County, Maryland.
Invasive and exotic plants as listed in Appendix F of the
Washington County Forest Conservation Technical Manual shall
not be permitted in landscaping plans.
2. Minimum Size Standards.
i. Large deciduous trees shall be of a species that will reach
a minimum crown spread of thirty (30) feet or greater within
twenty (20) years. At the time of planting, a minimum
caliber of'at least two and one-half (2½) inches shall be
required.
Small deciduous trees shall be of a species that will reach
a minimum crown spread of twelve (12) feet or greater
within ten (10) years. At the time of planting, a minimum
caliber of at least two and one-half (2%) inches shall be
required.
iii. Evergreen trees shall be of a species that will reach a
minimum height of three (3) feet within five (5) years. At the
time of planting, a minimum height of eighteen (18) inches
shall be required.
iv. Medium shrubs shall be of a species that will reach a
minimum height of three (3) feet within five (5) years. At the
time of planting,a minimum height of eighteen (18) inches
shall be required.
v. Grasses and other turf treatments shall be of such health
and hardiness ;that will allow their continued growth and
survival after installation.
3. Non -plant materials. Bark dust, chips, mulch, aggregate, or other
non -plant materials may be used but shall cover no more than
twenty-five percent (25%) of the required landscaped areas and
shall be confined to underneath plants.
4. Tree Preservation. An effort shall be made to retain existing trees
on site. Retaining, existing , trees will reduce the amount of
maintenance, such as watering, that would otherwise be needed
for new plantings.
5. Growth Characteristics. Trees shall be selected based on
climate zone, growth characteristics, and site conditions, including
available space, overhead clearance, soil conditions, exposure,
and desired color and appearance. The following should guide
tree selection by developers:
i. Provide a broad canopy where shade is desired and over
pedestrian walkways or parking areas.
ii. Use low -growing trees for spaces under low utility wires.
iii. Select trees that can be 'limbed -up" to comply with vision
clearance requirements.
iv. Use narrow. or "columnar" trees where awnings or other
building features limit growth, or where greater visibility is
desired between buildings and the street.
v. Use species with similar growth characteristics on the
same block for design continuity.
vi. Avoid using trees that are susceptible to insect damage
and trees that produce excessive seeds or fruit.
vii. Select trees that are well -adapted to the environment,
including soil, wind'; sun exposure, temperature tolerance,
and exhaust. Drought -resistant trees should be chosen
where they suit the specific soil type.
viii. Select trees for their seasonal color, if desired.
ix. Use deciduous trees for summer shade and winter sun,
unless unsuited to the location due to soil, wind, sun
exposure, annual precipitation, or exhaust.
x. The diameter of the tree trunk at maturity shall not exceed
the Width and size of the planter strip or tree well.
6. Flowering, Plants. In addition to trees and shrubs, a variety of
flowering plants with varied 'blooming periods and habits are also
encouraged to provide;. visual interest throughout the growing
season and during dormancy.
(e) Maintenance. The owner shall be responsible for the maintenance,
repair, and/or replacement of all required landscaping material. All plant
material shall be maintained in a healthy growing state at all times. All
unhealthy, dying, or dead plants shall be replaced by the next growing
season.
..
(f) Landscaping Plans.
1. A comprehensive landscaping plan shall be included as a specific
sheet in a final site plan submittal. The plan shall be drawn at a
scale of not more than 1=200 feet and, when possible, should be
drawn at the same or similar scale as the site development plan.
2. The plan shall include:
i. Dimensions and distances of all buffer yards and the
related landscaping and/or screening requirements for
each yard;
U. Parking lot design, including interior landscaping
requirements;
iii. Identification of proposed treatment of all other ground
surfaces not covered by buildings, streets, or other
impervious areas on the site;
iv. The general layout of existing and proposed shrubs or
trees, designating the plant types as large or small
deciduous trees; evergreen trees; medium or small shrubs;
and groundcover,,
v. Include a chart indicating graphic plant symbol, botanical
and common names, quantity, height, spread, spacing,
native status, drought tolerance rating, and type of mulch
that will be used;
vi. If special techniques or unique conditions warrant, planting
details shall be provided.
3. Plans approved prior to land disturbance may be re-evaluated
after completion of grading to determine the quality of remaining
trees or shrubs, changes to slopes or drainage, or other issues
that lead to changing the landscaping design. If such re-evaluation
deems a necessary change to the landscaping plan, the review
fee may be waived at the discretion of the Director of Plan Review
and Permitting.
(g), Landscaping Design Standards. The design standards noted herein are
deemed to be minimum standards. The Planning Commission may
increase or reduce the requirements for a specific site where deemed
necessary to achieve the intended, necessary, and desired aesthetic,
buffering, and screening effects.
300
1. Perimeter Landscaping.
Perimeter Landscape Type A:
i. At least one (1) large deciduous tree for each fifty (50)
linear feet and at. least..one (1) evergreen tree for each
thirty (30) linear feet;
H. At least one (1) small deciduous tree for each thirty (30)
•linear feet;
iii. At least one (1) medium shrub for each ten (10) linear feet;
and
iv. Low shrubs and ground cover used appropriately in tree
and/or shrub beds.
Perimeter Landscape Type B:
i. At least one (1) large deciduous tree for each fifty (50)
linear feet and at least one (1) evergreen tree for each
thirty (.30) linear feet;
H. At 'least one (1) small deciduous tree for each fifty (50)
linear feet;
iii. At least one (1) medium shrub for each fifteen (15) linear
feet; and
iv. Low shrubs and ground cover used appropriately in tree
and/or shrub beds.
Perimeter Landscape Type C:
i. At least one (1) large deciduous tree for each fifty (50)
linear feet.
2. Parking Area Landscaping.
i. Minimum Area Required. All off-street parking areas of ten
thousand (10,000) square feet or greater shall have
landscaped areas which constitute a minimum of ten
percent (10%) of the total impervious area of the parking
facility.
ii. Minimum Area Reduction. Landscaped areas may be
reduced to five percent (5%) of the total parking facility
provided the parking facility is designed with a pervious
301
pavement mechanism approved by the Washington County
Engineering Department.
iii. Design and Composition. The landscaped areas shall be
unpaved, permeable, linear strips, or variably -shaped
islands in the interior of the parking area which shall be
planted with a ground cover of shrubs, trees, or grasses.
The primary plant material used in parking areas shall be
trees that provide shade or are capable of providing shade
upon maturity. The total number of trees required shall be
one (1) tree per three hundred (300) square feet of total
landscaping area required for the parking area.
iv. Location and Visibility. Landscaped areas shall be located
and/or designed in a manner that does not impair visibility
of vehicles entering or leaving the parking facility, parking
aisles, or individual parking spaces.
v. Landscape islands shall be required after every fifteen (15)
spaces.
Section 22.11.2 Screening
(a) Screening of Mechanical Equipment, Outdoor Storage Areas, and
Solid Waste/Refuse Facilities. All mechanical equipment and outdoor
storage yards/areas shall be screened from the view of all public
roadways and residential districts and to the height of the materials being
stored. Solid waste storage facilities shall be screened on all sides
regardless of location. Screening shall be provided via one of the
following methods:
1 A decorative architectural wall constructed of durable construction
materials comparable to the materials 'used in the principle
building (i.e. masonry or similar quality material);
2. An evergreen hedge around the perimeter of the storage facility or
equipment area creating an opaque screen; or
3. A fence or similar feature that will provide a solid, opaque barrier.
(b) Screening of Parking, Facilities. The periphery of off-street parking
areas shall be adequately •screened from any parcel zoned for or
occupied by residential dwellings, institutions for human care, and
roadway frontages so as to prevent headlight glare onto adjacent parcels
and/or roadways.
1. Screening Standards. Screening may be in the form of a solid
fence, vegetative screening, or both, from grade to the specified
height as determined by the Planning Commission or its designee.
302
Fencing shall be constructed of natural materials (wood, stone,
brick, or earthen berm) and must be a minimum of four (4) feet in
height as measured from the grade of the parking area.
i. Vegetative screening shall consist of a tree or shrub
species that shall be,a minimum of four (4) feet in height
overall at the time of planting or will reach four (4) feet in
• height within two (2) years of planting.
ii. Vegetative screening shall be planted in such a manner as
to create a continuous opaque screen year-round.
Vegetative screening must consist of a tree species that
will maintain the opaque screen in perpetuity (i.e., white
piges, are prone to losing lower branches over time and
allow for,holes in the screen).
iii. If vegetative screening is used to meet screening
• requirements,. the area should also be shown on the
landscaping plan for the site and follow the appropriate
requirements of the'landscaping article of this Ordinance.
2. Screening Modification. The screening requirement may be
reduced or waived by the Planning Commission if the adjacent
property is; zoned for residential use buf contains a commercial
use or if the adjacent use or roadway isat;a grade or slope such
that the finished topography,'of the site will adequately address
these requirements.''
Section 22.11.3 Buffers
(a) Specific, buffer, requirements are outlined in individual zoning districts.
These requirements are in addition to tho's'e specific requirements.
r,.
(b) Buffer yards'shall be measured from property lines. Buffer yards shall not
be applied to property lines that are. adjacent to public or private roads.
(c) The following are' not permitted in buffer yards: impervious surfaces,
dumpsters, parking or loading areas, stormwater management areas,
outdoor storage'Areas, structures, or other impervious surfaces.
(d) Lighting fixtures. are permitted in buffers in accordance with Article 22,
Division X - Lighting.
(e) Driveways and access points may be'located in the buffer area provided
that the driveway is shared with the adjoining parcel, is of equal width on
each parcel, and the total width of the access does not exceed twelve
(12) feet.
303
(f) Buffers may be reduced and/or modified under the following conditions:
Existing mature vegetation located within the buffers may be
substituted for required landscaping materials if the existing
material will equal or exceed the desired outcome of this Article.
2. Except for buffers required by the Board of County
Commissioners as a condition of a rezoning approval or by the
Board of Appeals as a condition of a grant of relief, buffers may be
reduced or waived by the Planning Commission as part of the
subdivision or site plan approval under the following
circumstances:
If the adjacent property is used for a compatible use which
has been permitted by the Board of Appeals as a special
exception.
U. If the topography is such that the requirements of this
section would not be effective.
Hi. Between uses that are to be developed under a common
development plan (i.e. mixed use development plans,
planned office and industrial parks, planned shopping
centers, etc.).
iv. If the strict application of the provisions of this section
reduces the usable area of a lot due to lot configuration or
size to a point which would preclude a reasonable use of
the lot, then buffer requirements may be waived or
modified, provided that the side and/or rear of a building, a
barrier, and/or the land between that building and the
property line has been specifically designed to minimize
adverse impact through a combination of architectural and
landscaping techniques.
v. If the developer can present an alternative that will mitigate
the offensive issue that would conflict with the adjacent
use. Examples could include: noise abatement for
mechanical equipment, visual abatement for loading areas,
or electrified parking facilities to reduce diesel engine
idling, etc.
304
ARTICLE 23 EXCEPTIONS AND MODIFICATIONS
Section 23.0 Generally
The regulations specified in this Ordinance shall be subject to the following
exceptions, modifications and interpretations:
Section 23.1 Lot Area Modification142
(a) Minimum lot area, lot width regulations and the distance requirements of
Section 4.9 in any district shall not apply to• repeater, booster transformer,
switching stations, and public utility facilities.
(b) In any district, wherein a single-family dwelling is permitted, such dwelling
may be permitted on any lot or parcel which is of record by deed properly
recorded in the land records of Washington County or a subdivision duly
recorded in the Plat Records of Washington County as of the effective date
of this Ordinance. (Note: Mobile homes are permitted in the Conservation
and Agricultural Districts in conformance with this Ordinance.)
(c) in any district where dwellings are permitted, if,neither a public water supply
or sewerage system is accessible or if an acceptable community, water
supply or, sewerage system is not to be provided, the minimum lot size shall
be three (3) acres and three hundred feet in width fora Conservation District
• and.forty,thousand (40,000) square feet and one, hundred; (100) feet ip'width
for an Agricultural District subject, however, to the requirements of the
Maryland State Health Department. (Note: Mobile homes are permitted in
the Conservation and Agricultural Districts in conformance with this
Ordinance.
(d) Except in a Rural Residential or Rural Village District, if a public water
supply is accessible and individual lot sewerage facilities are approved, the
minimum lot size for a dwelling shall be twenty thousand (20,000) square
feet, with . one hundred (100) feet width at the, building lines, subject,
however, to the , requirements of the Maryland State. Health Department.
Minimum building setback lines shall be the same as for the Agricultural
District.
(e) Single-family retirement homes in, nursing home or retirement home
complexes may be located on.. lots smaller than otherwise required by the
applicable section of this Ordinance. The total number of lots and dwelling
units shall be consistent with the provisions of Section 22.81 for clustering
except that the lots need not be subdivided.
(f) Minimum lot area, lot width and building setbacks in any district shall not
apply to a lot reduced in area below the minimum for that zoning district by
142 Revision 15, Section 23.1(d)&(g) amended 9119106 (RZ-06-0071ORD-06-09)
305
reason of a dedication for public purposes or by reason of a condemnation
proceeding initiated by a federal, state or county governmental agency, and
any lot so reduced shall be considered non -conforming by reason of that
action.
(g) In the A, A(R), EC, P, •RV, RR, RS and RU Districts, wherein a public or
private elementary, middle or high school is a principal permitted use, the
minimum lot area, lot width, front, side, and rear yard setbacks, may be
modified as follows based on enrollment.
'Elementary Middle Fli h
Under 100 students - 1/3 of district requirement
100-200 students - 1/2 of districtrequirement
In the case of a shared campus, (combined enrollment), the minimum lot
area, lot width, front, side, and rear yard setbacks may be reduced to that
percentage specified for the most stringent of such requirements for the type
of schools sharing the same campus as modified above.
Section 23.2 Setback Modification
Where the existing setback' line of at least two (2) existing buildings on lots which
are on the same side of the street or road and within two hundred (200) feet of the lot in
questidri, is leas than the minimum setback prescribed in this Ordinance, the minimum
setback line shall be the average setback line of all buildings within two hundred (200)
feet of the 'propose'd'bui(ding. However, in no case shall the setback line be less than
thirty-five (35) feet from the centerline of any abutting road or street.
Section 23.3 Projection into Yards143,144
(a) If attached to the, main building, a one-story open porch with or without a
roof may extend into a front yard not more than thirty percent of the existing
front yard depth.
(b) Projections such as bay windows, chimneys, entrances, vestibules,
balconies, eaves, and leaders may extend into any required yard not more
than four (4) feet; provided, that such projections (excepting eaves) are not
over ten (10) feet in length.
(c) Fences and walls shall be exempt from building lines and yard requirements
unless obstructions to vision which adversely affect the safety of vehicular or
pedestrian traffic.
143 Revision 4, Section 23.3(d) added 12110/91. (RZ-91-20)
144 Revision 15, Section 23.3(d) amended 9119106 (RZ-06-007/ORD-06-09)
306
(d) If attached to the dwelling, a one story open deck without a roof may extend
into the required rear yard not more than the percentage for each zoning
district listed below.
ZONING DISTRICT REQUIRED SETBACK PERCENTAGE
RM• 20. ft. 40%
RU (I-I'Y=stoies) 35 ft. 35%
RU (2-214 stories) 40 ft. 30%
RS 40 ft. 30%
RR (Urban 40 ft. 30%
Growth Area)
RR 50 ft.. 25%
A 50 ft. 25%
C 50 ft. 25%
A(R) 50 ft.. 25%
EC 50 ft. 25%
P 50 ft. 25%
RV 25 ft. 25%
Section 23.4 Height
(a) Building height limitations shall not apply to high density warehousing, water
tanks, barns, windmills, silos, or other accessory farm structures; or to
belfries, steeples, spires, electric or communication poles or towers, electric
generating plants,. electric transforming or switching equipment, chimneys or
smoke stacks, flagpoles,'fire 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 or to the manufacture,,modifcation, servicing and
housing of aircraft. No penthouse or roof structure shall have a total area
greater than twenty-five (25) percent of the roof 'area, nor'shall such
structure be used for any purpose than a use incidental to the main use of
the building.
(b) In any Agricultural, Residential, or Business District, the height of a building
may be extended to three stories, but not over forty-five (45) feet, if each
side yard is increased in width one-half foot for each additional one foot of
height above the normal maximum limit.
(c) On any lot where the average finished slope adjoining the building exceeds
seven (7) percent grade, one story in addition to the number permitted in the
District in which the 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 District.
(d) In any zone where public or quasi -public buildings are permitted such
buildings may be erected to a height of one hundred twenty (120) feet but
the minimum front, rear and side yards shall be increased one foot for each
307
foot of height above the limit established for the zone in which the building is
erected.
Section 23.5 Yard Modification
(a) For any lot of record in any District wherein a single-family or two-family
dwelling or mobile home is principally permitted and/or if such use is
existing, if the lot does not meet the minimum lot area and/or minimum lot
width for the district in which it is located, the following modifications shall
apply:
(1)' The sum of the side yard widths of such lots shall be a minimum of thirty
percent of the lot width, and in no case shall any one side yard be less
than ten percent of the width of the lot.
(2) The depth.of the rear lot from the principal permitted use to the property
line shall be .a minimum of twenty-five (25) percent of the depth of the
lot.
(b) In any District wherein single-family and two-family dwellings are; permitted,
the minimum distance from any accessory structure, not attached to the
principal permitted use, to the side or rear lot, line shall, be not less than the
longest horizontal dimension ofthe accessory structure or the minimum
distance specified for that District, whichever is the lesser of the two.
Section 23.6 Exception - Minimum Distance from a Single -Story Utility or Storage
Shed145
The requirements of Section 23.5 notwithstanding, the minimum distance to a lot
line in any District from a single -story utility or storage shed not exceeding 100 square
feet shall be eight (8) feet.
Section 23.7 Mobile Home: Temporary Use
In any District where mobile homes are prohibited, a mobile home may be
authorized by the Planning and Zoning Commission as a temporary residence in those
cases where the permanent dwelling has been destroyed by fire, windstorm, explosion,
act of public enemy, or accident, and provided that restoration of the., permanent dwelling
is begun within one year of the' date of destruction. In no case shall the mobile home
remain on the lot for more than two years, and in. all cases it shall be removed within
thirty (30) days of the completion of the permanent dwelling. The placement of the
mobile home shall be subject to the requirements of Section 22.54 and to the minimum
lot area, lot width, and yard requirements of the District in which it is located.
145 Revision 16, Section 23.6 amended 814109 (RZ-09-001)
308
Section 23.8 Grandfathering; Certain Subdivision Plans and APFO Agreements'46
In any subdivision that has received conditional approval of a clustering concept
plan, a concept plan, or a preliminary plan by the Planning Commission, or that has a
valid Adequate Public Facilities Ordinance (APFO) Agreement with the Board of County
Commissioners of Washington County, Maryland, lots may be recorded and dwellings
may be constructed in accordance with the lot area, setback, height, yard, and other
standards and requirements shown on such approved clustering concept plan, or
concept plan, or the preliminary plan, or as set forth in an approved APFO Agreement,
notwithstanding any other provision of this Article 23 or elsewhere in this Ordinance.
Notwithstanding any of the foregoing to the contrary, and subject to Planning
Commission approval to the extent that the intensity or the density of the subdivision is
not increased, the clustering concept plan, the concept plan, or preliminary plan for the
subdivision may, at the applicant's option, be modified or altered to reconfigure the
approved lot layouts utilizing the lot area, setback, height, yard, and other standards and
requirements shown on such approved clustering concept plan, or concept plan, or
preliminary plan, or as set forth in an approved APFO Agreement in effect at the time
that subdivision received such approval or approvals, and shall not be required to
conform with any new or modified district standards or zoning requirements that would
otherwise alter the lot area, setback, height, yard, and other standards and requirements
in effect at the time the subdivision received such approval or approvals.
146 Revision 17, Section 23.8 added 4/17/12, eff. 711/12 (RZ-10-005/ORD-2012-07)
309
ARTICLE 24 - ADMINISTRATION
Section 24.1 Administration of the Zoning Ordinance
(a) The provisions of this Ordinance shall be administered by the Washington
County Planning Commission and •the Zoning Administrator. The
Commission and the Zoning Administrator may delegate routine
administrative functions. In particular, •the Zoning Administrator may
designate County employees as zoning officials authorized to issue citations
charging civil zoning violations pursuant to Md. Code, Article 66B, §7.02. An
appeal from a decision of the Planning Commission or the Zoning
Administrator shall be made to the Board of Appeals as provided in Section
25.4.147
(b) All departments, officials and public employees of Washington County which
are vested with 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 thisOrdinance.
Section 24.2 Zoning Permits148 149 150
(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 partly,, except buildings used
specifically for private farming use in accordance. with Article 28A —
Agricultural Structure, until a zoning permit shall have been issued by the
Zoning Administrator and shall comply with, Section 4.9 and/or Article 22,
Division IX of this Ordinance. A zoning permit 'shall' be revocable, subject
to continued compliance with all requirements and conditions.
(b) All applications for zoning permits 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 may be required by the Zoning Administrator to
determine conformance' with and provide for the enforcement of this
Ordinance. The plans shall be retained in' the office of the Zoning
Administrator.
747 Revision 13, Section 24.1(a) amended 8110104 (RZ-04.005)
148 Revision 3, Section 24.2(a) amended 12/12/89 (RZ-437)
149 Revision 13, Section 24.2 amended 8/10/04 (RZ-04-005)
150 Revision 15, Section 24.2(a) amended 9/19106 (RZ-06.007I0RD-06-09)
310
(c) The Zoning Administrator shall approve the issuance of a zoning permit
only if the application complies with the requirements of this Ordinance,
and provided that such zoning permit shall be conditioned where
necessary on the approval of the County Health Officer, State and/or
County Highways Agency, or any other agency concerned, and provided
the application is accompanied by the required fee. The Zoning
Administrator shall maintain a record of allzoning permits and copies
shall be furnished upon request to any person upon payment of the cost
therefor. If a zoning permit is issued, such approval and issuance thereof
does not sanction variances, from the terms of this Ordinance.
(d) If the Zoning Administrator shall .find.1 any of the. provisions of this
Ordinance being violated, the Zoning .Administrator shall notify in writing
by certified mail, the owner or the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary to
correct it. The Zoning Administrator shall order discontinuance of illegal
use of land, buildings, or structures, removal of illegal buildings or
structures •or of additions, 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 Ordinance to ensure compliance with or prevent
violation of its provisions.
(e) The Zoning Administrator shall approve or disapprove the issuance of a
zoning permit within sixty (60) days of the initial filing date. Failure of the
Zoning Administrator to act within sixty (60) days of said period shall
autom'at'ically be considered an apptoval'! of said zoning permit
application. A zoning permit shall become void' one (1) year after the date
of issuance' if the' construction or use for which the permit was issued has
not been started
(f) Reapplication fora zoning permit shall not be,.accepted for filing by the
Zoning Administrator until conditions of disapproval have been met.
Section 24.3 Zoning Use Permits and Filing Fees151 152 163
(a) Permits for a main or principal use shall also cover any accessory use
established at the time• on the same lot or tract of land.
(b) The Board of. County Commissioners shall estaiblish, by resolution, fees for
certain services rendered in connection with this Ordinance.
(c) A refund will be made to an applicant charging an administrative error that is
upheld by the Board. There shall be no other refunds of any other fee paid.
151 Revision 3, Section 24.3(b) and (c) amended and ( ) 24.3(g) added 7/31190 (RZ-446)
152 Revision 13, Section 24.3 amended 8/10/04 (RZ-04-005)
153 Revision 15, Section 24.3(b) repealed and replaced 4125/06,eff.711106 (RZ-06-001/0RD-06-01)
311
(d) Notwithstanding any other provisions of this Ordinance, the following uses
are exempt from fees:
(1) Government bodies, government owned and/or operated utilities and
agriculture.
(e) The zoning permits issued based on applications approved by the Zoning
Administrator authorize only the use, arrangement, and construction set
forth in such applications.
(f) The construction, erection, alteration, remodeling, extension or movement of
any use or structure without a zoning permit shall be deemed a violation of
this Ordinance. This shall not be construed to mean a rearrangement of
equipment within an existing facility.
(g) Rezoning applications submitted by property owners requesting the "Historic
Preservation - HP" overlay zone shall be exempt from paying the rezoning
application fee.
Section 24.4 Commission Review and Action
(a) The Commission shall approve or disapprove the proposed site and/or
development plan within sixty (60) days of the initial filing for PB, PI, PUD
and HI Districts. Failure of the Commission to act within sixty (60) days of
said period shall automatically be considered approval of said plans.
(b) An application for site and/or development plan approval for PB, PI, PUD
and HI Districts shall not be accepted for filing by the Commission if the
application is for approval of the whole or part of any land, the approval of
which has been denied by the Commission, within twelve (12) months from
the date of the Commission's decision.
(c) An application for site and/or development plan approval for PB, PI, PUD
• and HI Districts shall include the applicable requirements of the Subdivision
Ordinance, as adopted or hereafter amended.
312
ARTICLE 25 - BOARD OF APPEALS
Section 25.1 Created; Name; Number, Term of Office, Removal, Etc. of Members
The Board of Appeals of Washington County consisting of five members is
hereby created. Their terms of office, succession, removal, filling of vacancies, alternate
membership, and their powers and duties shall be as provided in Article 66B, Annotated
Code of Maryland.l5a
Section 25.2 General Powers155'
The Board 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 enforcement of this Ordinance, the Washington County Forest
Conservation Ordinance, or of any ordinance adopted thereto.
(b) To hear and decide special exceptions to the' Ordinance upon which the
Board is required to pass.
(c) To authorize a variance from height;lot area, yard regulations; parking
space requirements, sign regulations, distance requirements specified in
Section 4.9, buffer requirements and other' distance or: 'dimensional
requirements of the Ordinance.
(d) In exercising the' above -mentioned power's, the" Board may, in conformity
with the provisions of law and this Ordinance and amendments thereto,
reverse or affirm, wholly or partly, or may modify the order, requirement,
decision or determination "appealed from, and make such order,
requirement, decision or determination as ought to be made.
(e) The Board, 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.
Section 25.3 Organization; Meetings, Authority to Administer Oaths and Compel
Attendance of Witnesses; Technical Assistance; Minutes of Proceedings;
Records
154 See Annotated Code of Maryland, 1970, Article 66B, 4.07
155 Revision 1, Section 25.2(c) amended 1/10/89 (RZ-413)
Revision 6, Section 25.2(a) amended 2/9/93 (RZ-92-16)
313
The Board shall be organized and its rules shall be amended, if necessary, in
accordance with the provisions of this Ordinance. Meetings of the Board shall be held at
such time as the Board may determine.
The chair, or in his absence, the acting chair, may administer oaths and compel
the attendance of witnesses. For assistance in reaching decisions relative to appeals,
conditional uses, or variances, the Board may request testimony at its hearings for
purposes of securing technical aid or factual evidence from the Commission or any
County agency. All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, and shall keep records of all its official actions, all of
which shall be filed in the office of the Board and shall be a public record.
Section 25.4 Appeals to the Board
An appeal to the Board may be taken by any person aggrieved or by any officer,
department„board, commission or bureau of the County affected by any decision of the
Planning •and ,Zoning Commission or the Historic District Commission. Such appeal shall
be taken within thirty (30) days after the decision by filing with the appropriate
Commission and with the Board, a Notice of Appeal, specifying the grounds thereof. The
appropriate Commission shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.,
Section,25.5 Hearings by the Board
Section 25.51 Hearings
Action required after filing of application. Upon the filing of an application before
the Board,, the following action shall betaken preparatory to, holding a hearing thereon:
(a) The Board shall hold a hearing no ater than. thirty (30) days from the date
the appeal is taken. Applicants and other parties may petition the Board for
continuance or change of said dates for good cause shown.
(b) Notice •of the hearing shall be advertised in two consecutive issues of a
newspaper having general circulation in the County. The first insertion shall
appear in suchnewspaper at least fifteen (15) days prior to such hearing.
(c) Property upon which the application or appeal is concerned shall be posted
conspicuously by a zoning notice no less in size than twenty-two (22) inches
by twenty-eight (28) inches at least fourteen (14) days before the date of the
hearing.
(d) The Board, in its discretion, upon request, or upon its own motion, may visit
the specific property in question prior to or after the hearing in order to make
proper determination of all applicable facts.
314
Section 25.52 Hearings - Holding of Hearing; Appearance at Hearing
The. Board, following such action above, shall hold such hearing. At the hearing,
any party may appear and be heard in person or by agent or attorney.
Section 25.53 Hearings - Postponement
(a) Requests for postponement of a scheduled hearing shall be filed in writing
with the Board not less than ten (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 Board.
(b) Requests for postponement filed later than ten (10) days prior to the date of
a scheduled hearing, shall, in addition to the other requirements set forth in
subsection (a) above, be supported by an affidavit of the party making the
request or of some other creditable person. The granting of such request
shall be at the discretion of the Board in cases of extreme hardship or upon
good cause shown.
(c) In any case, no more than three (3) postponements over a period of ninety
(90) days are allowed.
Section 25.54 Hearings - Continuance
The Board may continue a• hearing at
hearing has been started; however, the Board
continuance of such hearing while in session.
another time and/or date once such
shall announce the date and hour of
Section 25.55 Hearings - Decision by the Board; Appeal From ;Decision by the Board
• The. Board shall render a decision within thirty (30) days after completion of the
hearings. If the decision is not rendered in writing, within said period of time, the appeal
shall be considered to have been decided infavor of the applicant. Any person or
persons,.jbintly or. severally, aggrieved by any decision of, the Board of Appeals, or any
taxpayer, or any officer, department, board, bureau of the jurisdiction, may appeal the
same to the Circuit Court of Washington County in a manner set forth in Section 4.08 of
Article 66B of the Annotated Code of Maryland, 1970 Edition. The Court may affirm,
reverse, vacate or modify the decision complained of in the appeal.
Section 25.56 Variances15s
A variance may be granted by the Board upon a showing, of criteria of practical
difficulty or undue hardship described below respectively:
156 Revision 1, Section 25.56 added 1/10/89 (RZ-413)
315
A. Practical Difficulty
1. Strict compliance would unreasonably prevent the use of the property
for a permitted purpose or render conformance unnecessarily
burdensome;
2. Denying the variances would do substantial injustice to the applicant
and a lesser relaxation than that applied for would not give substantial
relief; and
3. Granting the variance would observe the spirit of the Ordinance and
secure public safety and welfare.
B. Undue Hardship
1. Strict compliance with the Ordinance would prevent the applicant from
securing a reasonable return from or to make reasonable use of the
property; and
2. The difficulties or hardships are peculiar to the property and contrast
with those of other property owners in the same district; and
3. The hardship is not the result of the applicant's own actions.
Section 25.6 Limitations, Guides and Standards157i
Where in these reg'ul'ations certain powers'ate conferred upon the Board or the
approval of the Board is required before a permit ay be issued, or the Board' is called
upon to decide certain issues, the Boa?d'shallstudy theecific property` involved, as
well as the neighborhood, and consider all testimony and data submitted, and shall hear
any person desiring to speak 'for or against the issuance of the permit. However, the
application for a permit shall not be approved where the Board finds the proposed
building, addition, extension of building , or use, sign, use or change of use would
adversely affect the public health, safety, security; morals or general' welfare, :or would
result in dangerous traffic conditions, or would jeopardize' the lives or property of people
living in the neighborhood: In deciding such matters, the Board shall consider any other
information germane to the case and shall give consideration' to the following, as
applicable:
(a) The number of people residing or working in the immediate area concerned.
(b) The orderly growth of a community.
(c) Traffic conditions and facilities.
157 Revision 1, Section 25.6 amended 1/10189 (RZ-413) .
316
(d) The effect of such use upon the peaceful enjoyment of people in their
homes.
(e) The conservation of property values.
(f) The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise
upon the use of surrounding property values.
(g) The most appropriate use of land and structure.
(h) Decision of the courts.
(i) The purpose of these regulations as set forth herein.
(j) Type and kind of structures in the vicinity where public gatherings may be
held, such as schools, churches and the like.
Section 25.7 Disapproval of Application
If the application is disapproved, thereafter the Board shall take no further action
on another application for substantially. he same proposal, on the same premises, until
after twelve (12) months from the date of such disapproval.
Section 25.8'58'59 Administrative Adjustments
(a) Upon petition by the property owner, the Zoning Administrator may grant
an adjustment in an amount .not to exceed. 20% of the unmodified standard from the
provisions of the following dimensional. bulk requirements;
1. Buffer yard, and building(structure setback requirements;
2.. Distance,requirements outlined in Section 4.9;
3. Building height limitations; and
4. Parking space and. parking aisle dimensions.
Administrative adjustments may only be required for prospective relief
and may not be used to rectify after -the -fact errors. The adjustment shall be judged
pursuant to the same limitations, guides, and standards applicable to variances granted
by the Board of Zoning Appeals as set forth in Section 25.56 of this Ordinance.
(b) Procedures
1. Applications for administrative adjustments shall be in the form
prescribed by the Zoning Administrator.
2. Within five (5) working days of acceptance of the application, the
Zoning Administrator shall distribute notification letters to all
158 Revision 5, Section 25.8 deleted 5119/92 (RZ-92-5)
159 Revision 16, Section 25.8 added 1/1912010, eff. 3/1/2010 (RZ-09.007/ORD-2010-01)
317
immediately adjacent and confronting property owners via first
class and certified mail. The notice shallinform the recipients of
their opportunity to review and comment on the proposed
adjustment(s).
3. Notified property owners will have fifteen (15) days from the date
on the notification letter to submit written comments about the
requested adjustment. All public comment, written or electronic,
must contain the name and address of the author. Verbal
communications and anonymous correspondence will not be
considered in the determination of the adjustment.
4. If the Zoning Administrator determines, in the Administrator's sole
discretion, that the decision to grant or deny the relief requested
would more properly be resolved with the benefit of a public
hearing, including the opportunity for the taking of testimony from
the applicant and any opponent, then the Zoning Administrator
may deny the request for an administrative adjustment and shall
direct•the applicant to seek the appropriate variance relief from the
Board of Zoning Appeals.
5. The Zoning Administrator shall render a decision within ten (10)
days from the end of the public comment period. The decision will
be formalized in a written opinion containing findings of fact.
Copies of the decisions of the Zoning Administrator in all
administrative adjustment cases shall be sent to the Board of
Zoning Appeals as a matter of information.
6. Any person aggrieved.' by` the grant or denial of an administrative
adjustment may appeal the decision of the Zoning Administrator to
the Board of Zoning Appeals within fifteen (15) days of the
issuance of the written decision.-
7. Denial of an ?adjustment request shall, not prevent the applicant
from immediately filing a variance request for the same relief with
the Washington, C6unty Board of Zoning Appeals.
8. Any variance request coming before the Board following the grant
or denial of an administrative adjustment request shall be
considered - de novo and shall not be considered an appeal
charging administrative error.
318
ARTICLE 26 - ENFORCEMENT16o
Section 26.1 Violations; Penalties, Continuing Offenses'61
As provided in Section 7.01 of Article 66B of the Annotated Code of Maryland, a
violation of this Ordinance is declared to be a misdemeanor, and any person, firm or
corporation convicted of violating any provisions of this Ordinance shall be fined not
more than one thousand ($1,000.00), dollars. Each day during which such illegal
location, erection, construction, reconstruction, enlargement, change, maintenance, or
use continues shall be deemed a separate offense.
Section 26.2 Injunctive, Etc., Relief162
In addition to other remedies, the County Commissioners, the Planning
Commission, 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 Ordinance.
Section 26.2.1 Civil zoning violations'63
(a) Civil penalty established. 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.
(b) Definitions.
(1) "Zoning official" means a county employee assigned to the
Permits and Inspections Department with the duty of enforcing the
Zoning`Ordinance.
(2) "County" means Washington County, Maryland.
(c) Service of citation.
(1) A zoning official may deliver a citation to a person believed to be
committing a civil zoning violation.
(2) The zoning official shall keep a copy of the citation.
(3) The, citation shall bear a certification attesting to the truth of the
matters set forth in, the,citation.
(d) Contents of citation.
(1) The name and address of the person charged;
160 Revision 4, Section 26.1 amended 12/10191 (RZ-91-19)
161 Revision 13, Section 26.1 amended 8110/04 (RZ-04-005)
t62 Revision 13, Section 26.2 amended 8/10/04 (RZ-04.005)
163 Revision 13, Section 26.2.1 added 8/10104 (RZ-04-005)
319
(2) The nature of the violation;
(3) The location and time of the violation;
(4) The amount of the fine;
(5) The manner, location, and time in which the fine may be paid; and
(6) The cited person's right to elect to stand trial for the violation.
(e) Civil penalties (fines).
(1) The County Commissioners may provide by resolution for a
schedule of fines not exceeding $500 that may be imposed for
each violation, to be amended from time to time.
(2) The County Commissioners also may:
a. Establish a schedule of additional fines for each violation;
and
b. Adopt procedures for the collection of the fines.
(3) A fine may be imposed for each day a violation exists, as each
day the violation exists is a separate offense.
(4) Failure to correct a violation after expiration of the time for
correction stated in a citation is a separate offense..
(5) . 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 Washington County
Treasurer, 35 West Washington St., Hagerstown, MD 21740.
(6) Anyperson who, fails to pay a. fine imposed under this section
within 15 days after the date notice was sent to such person shall
be liable for twice the fine which that person had failed to pay.
(f) Election to stand trial, on oitation.
(1) A person who receives a citation may elect to stand trial for the
offense by filing with the zoning official a notice of intention to
stand trial.'
(2) The person electing to stand trial shall give notice at least 5 days
before the date set forth in the citation for the payment of fines.
(3) • After receiving a notice of intention to stand trial, the zoning official
shall forward the notice to the District Court having venue, with a
copy of the citation.
(4) After receiving the citation and notice, the District Court shall
schedule the case for trial and notify the defendant of the trial
date.
(5) All fines, penalties, or forfeitures collected by the District Court for
zoning violations shall be remitted to the county in which the
zoning violation occurred.
320
(g) Failure to pay citation or file notice of intention to stand trial.
(1) If a person who receives a citation for a violation fails to pay the
fine by the date of payment set forth on the citation and fails to file
a notice of intention to stand trial, a formal notice of the violation
shall be sent to the owner's last known address.
(2) If the citation is not satisfied within 15 days after the date the
formal notice of violation is mailed, the person shall be subject to
an additional fine not exceeding twice the amount of the original
fine.
(3) If the person who receives the citation does not pay the citation by
the 36th day after the formal notice of violation is mailed, the
zoning official may request the District Court to adjudicate the
violation.
(4) After the zoning official requests adjudication, the District Court
shall schedule the case for trial and summon the defendant to
appear.
(h) Proceedings before the District Court.
(1) If any person shall be found by the . District Court to have
committed a. zoning violation:
a. The District Court shall order the person to pay the fine,
including any. doubling of the fine, to an amount not to
exceed $1,000;
b. The'fines'imposed shall constitute a judgment in favor of
the county; and
c. If the fine remains unpaid for 30 days following the date of
its. entry,. the judgment shall be enforceable in the same
manner and to the same extent as other civil judgments for
money unless the Court has suspended or deferred the
payment of the fine as provided under subparagraph (ii) of
this paragraph;
d. The District. Court may suspend or defer the payment of
any fine, under conditions that the Court sets;
e. The person shall be liable for the costs of the proceedings
in the District Court; and
f. The Court may order the person to abate the violation or
enter an order permitting the county to abate any such
violation at the person's expense.
(2) If the county abates a violation pursuant to an order of the District
Court, the county shall present the defendant with a bill for the
cost of abatement by:
a. Regular mail to the defendant's last known address; or
321
b. Any other means that. are reasonably calculated to bring
the bill to the defendant's attention.
c. 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.
d. For purposes of this section, notice is effective if given by
mail, and delivery of a 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.
(3) If the defendant does not pay the bill within 30 days after
presentment, upon a motion of the county, the District Court shall
enter a judgment against the defendant for the cost of the
abatement.
(i) Remission of fines to county. All fines, penalties, or forfeitures collected
by the District Court for a civil zoning violation shall be remitted to the
county.
Q) Contempt. If a defendant fails to pay any fine or cost imposed by the
District Court without good cause, the District Court may punish the
failure as contempt of court,
(k) Civil nature � of, adjudication. Adjudication of a civil zoning violation, as
defined in this section, is not a criminal conviction for any purpose, nor
does it impose any of the civil disabilities ordinarily imposed by a criminal
conviction.
(1)._ Procedural matters at trial. In any proceeding for a civil zoning violation:
a. It shall be the burden of the county to prove that the defendant
has committed the violation by clear and convincing evidence, and
in any such proceeding, the District Court shall apply the
evidentiary standards as prescribed by law or rule for the trial of
civil causes;
b. The District Court shall ensure that the defendant has received a
copy of the charges against the defendant and that the defendant
understands those charges;
c. Defendant shall be entitled to cross-examine all witnesses who
appear against the defendant, to produce evidence or witnesses
in. the defendant's own behalf, or to testify in the defendant's own
behalf, if the defendant elects to do so;
d. Defendant shall be entitled to be represented by counsel of the
defendant's own selection and at the defendant's own expense;
and
322
e. Defendant may enter a plea of guilty or not guilty of the civil
zoning violation as charged, and the verdict of the District Court
shall be guilty of a civil zoning violation or not guilty of a civil
zoning violation, or the District Court may, before rendering
judgment, place the defendant on probation.
(m) Court costs. The court costs in a civil zoning violation proceeding in which
costs are imposed are $5. A defendant may not be liable for payment to
the Criminal Injuries Compensation Fund.
(n) Prosecution of civil zoning violations.
(1) State's Attorney. The State's Attorney of any county is authorized
to prosecute a civil zoning violation and is authorized to enter a
nolle prosequi in such cases or to place such cases on the stet
docket.
(2) Other attorneys. Notwithstanding the provisions of paragraph (1)
of this subsection, the county may designate an attorney to
prosecute any civil zoning violation in the same manner as the
State's Attorney of any county. Any attorney so assigned shall
have full authority to settle such violations, including the power to
enter into agreements on behalf of the county to resolve the
violation, and the authority to dismiss the citation.
Section 26.3 Authority to Enter
In the discharge of duties delegated by the Planning Commission pursuant to the
provisions of Section 24.1 of this Ordinance, the person or persons with the authority for
performing routine administrative functions shall have the authority to enter onto any
tract or parcel of land at a reasonable hour in the jurisdiction to enforce the provisions of
this Ordinance. However, those persons who are delegated with the administrative
function shall not enter any dwelling or structure without the consent of the property
owner.
323
ARTICLE 27 - AMENDMENTS
Section 27.1 Procedure164 165
These regulations, restrictions, and provisions, and the boundaries of the districts
provided for herein, may be amended, supplanted, changed, modified or repealed by the
Board of County Commissioners. Any person, individual, firm, officer, department, board,
commission, or bureau of the, County may, petition the Board of County Commissioners
fora change in this Ordinance. The Board of County Commissioners of Washington
County may likewise initiate a change.
The Board of County Commissioners shall refer such proposed change,
alteration, or amendment to, these regulations or proposed changes in the zoning district
to the Planning and Zoning Commission for analysis, study, and recommendation.
All requests for proposed change, alteration, or amendment to these regulations
or proposed changes in the zoning district shall be made by way of filing an application
with the Planning Department in the form required by the Planning Department.
Applications for a map amendment`shall include the following:
(1),A completed application form and the appropriate filing fee;
(2) Proof of an ownership interest in the subject property including a copy of
the current deed to the property or, if application is made by a contract
purchaser, a copy of the fully -executed Contract of Sale;
(3) A boundary description, including ;metes and bounds, prepared and
sealed by a land surveyor registered in the State of Maryland;
(4) A list of The names and addresses, obtained from the latest property tax
assessments records, of owners of adjoining or confrontingproperties,
improvedor unimproved, including properties separated by streets,
railroads, or other rights -of -way;
(5) A vicinity map showing the zoning classification of all property within
1,000 feet of the property that is the subject of the application;
(6) A scale drawing, showing, the existing: and proposed boundaries and such
other informationas may be needed to properly locate and plat the
amendments of the official zoning maps;
(7) A written explanation of the reasons why the map amendment is sought,
setting forth in sufficient detail to properly advise County officials as to the
justifications for the amendment. Applications for floating zones shall
include such information as required by the respective Articles of this
Ordinance. Other applications must address the following information: (I)
A statement as to whether or not there is evidence of mistake in the
current zoning, and, if so, the nature of the mistake and all facts to
support the allegation; (ii). a statement as to whether or not there is
evidence of a substantial change in the character of the neighborhood
164 Revision 2, Section 27.1 amended 8/1189 (RZ-427)
165 Revision 16, Section 27.1 amended 1/8108 (RZ-07-0061ORD-08-01)
324
subsequent to the most recent comprehensive rezoning, including the
nature of the change, all facts to support the allegation, and a description
of the neighborhood;
(8) A written analysis considering each of the factors set forth in Section 27.3
(a) The report and recommendations of the Planning and Zoning
Commission.; (b) Population change in the area of the proposed change;
(c) Availability of public facilities in the area; (d) Present and future
transportation patterns in the area; (e) Compatibility with existing and
proposed development of the area including indication of neighboring
sites identified by the Washington County Historic Sites Survey and
subsequent revisions or updates; (f) The relationship of the proposed
change to the Adopted Plan for the County, Development Analysis Plan
Map and Policies; (g) Whether there was a substantial change in the
character of the neighborhood where the property is located; (h) Whether
there was a mistake in the, existing zoning, classification; (i) Whether there
has been a convincing demonstration that the proposed rezoning would
be appropriate and logical for the subject property); and
(9) Any other material facts thatIsupport the amendment.
Applications for a text amendment shall include the folloWing:
(1) A completed appligation,forir.and the appropriate filing fee;
(2) A written explanation of the „reasons why the amendment is sought,
setting forth i n r
uf cjentdetail to properly advise County officials as to the
justifications for the amendment; and'
(3) Any other material facts that support the amendment.
The. Zoning Administrator or the
amendments and shall either accept or
rejected if: (a) the application fails to inch
not, accompanied by the appropriate filing
application is included in a draft compn
Growth Area in the Comprehensive' Pla
waiver of this section from the Board of',
barred by Section 27.6, The applicant sh
and the filing fee shall be returned. If an
the preceding sentence, then' the app
required information, without any additior
of rejection.
Section 27.2. Public Hearings166 167
anriing;birector shall review applications for
ject the application. An application may be
the information required by this Section or is
:e; (b) The p'tdperty that is the subject of the
rnsive' rezoning` or designation as an Urban
or the County and has not been granted a
inty Commissioners; or (c) the application is
be notified of a rejected application in writing
piicationiS rejected pursuant to clause (a) of
tnt may resubmit the application with the
filing fee, within 10 calendar days of the date
The Board of County Commissioners' shall hold at least one public hearing in
accordance with Section 4.04 of Article 66B' of the Annotated Code of Maryland or its
subsequent amendments. Notice of the time and place of the public hearing, together
with a summary' of the proposed regulation,'restriction, or boundary, shall be published
166 Revision 2, Section 27.2 amended 8/1/89 (RZ-427)
167 Revision 16, Section 27.2 amended 118/08 (RZ-07-006/oRD-08-01)
325
in at least one (1) newspaper of general circulation in the jurisdiction once each week for
two (2) successive weeks, with the first such publication of notice appearing at least 14
days prior to the hearing. Neither a text amendment nor map amendment may become
effective until 10 days after the hearing. The public hearing shall be conducted pursuant
to rules and procedures as promulgated by the.Board of County Commissioners.
Section 27.3 Factors to be considered in a request for a map amendment.168 16°
In order for an amendment, modification, repeal, or reclassification of such
district as herein provided, the local legislative body,shall make findings of fact in each
specific case including, but not limited to, the following matters:
(a) The report and recommendations of the Planning and Zoning Commission.
(b) Population change in the area of the proposed change.
(c) Availability of public facilities in the area.
(d) Present and future transportation patterns in the area.
(e) Compatibility with existing and proposed development of the area including
indication of neighboring sites identified by the Washington County, Historic
Sites $urveyand subsequent revisions or updates.. ,
(f) The relationship of the propos'edchange to the Adopted Plan for the County,
Development Analysis Plan Map and Policies.
(g) Whether there was a substantial change in.. the character of the
neighborhood where the property is located.
(h) Whether there was a mistake in the existing zoning classification.
(i) Whether there has been a, convincing demonstration that the proposed
rezoning would be appropriate and,logical for the subject property.
Section 27.4 Additional Conditions"°
The Board of .County Commissioners may impose such additional restrictions,
conditions, or limitations as may be deemed appropriate to preserve, improve, or protect
the general character and design of the lands and improvements being zoned and
rezoned, or of the surrounding or adjacent lands and improvements, and may, upon the
zoning or rezoning of, any land or lands, retain or reserve the power and authority to
approve or disapprove the design of buildings, construction, landscaping, or other
168 Revision 2, Section 27.3 amended 811189 (RZ-427)
169 Revision 16, Section 27.3 amended 1/8/08 (RZ-07.006/ORD-08-01)
170 Revision 16, Section 27.4 amended 1/8/08 (RZ-07-006/ORD-08-01)
326
improvements, alterations, and changes made or to be made on the subject land or
lands to assure conformity with the intent and purpose of the Ordinance.
The Planning and Zoning Commission shall be responsible for administering and
enforcing any such conditions imposed by the Board of County Commissioners. Any
violation of conditions imposed by the Board of County Commissioners shall be deemed
a violation of this Ordinance.
Section 27.5 Duties Generally of the Planning Commission
The Commission shall study zoning, its development, application and relation to
public and private development and its relation to other phases of the Plan for the
development of Washington County and may, from time to time, submit amendments to
these regulations or changes in the district boundaries to the Board of County
Commissioners of Washington County. However, no such amendments or change shall
become effective until approved by the County Commissioners as required by this
Article.
Section 27.6 Application for Reclassification"'
An application for a reclassification shall not be accepted for filing by the Board of
County Commissioners if the application is for thereclassification of the whole or any
part of'land 'that has been the subject of.a prior accepted application for reclassification
within the preceding twelve (12) months and subsequently withdrawn' by the applicant or
denied by the Board of County Commissioners.
Section 27.7 172 [deleted]
Section 27.8 District Map Line Adjustments"3
Drafting Errors and other Corrections
Upon petition by the property owner or the Department of Planning, the Planning
Director may adjust a district map line to follow a lot line, road, water body, or other clear
boundary if the Planning Director finds that:
(a) The district map line approximately follows clot line or other boundary; and
(b) The district map line does not follow the lot line or other boundary because
of a drafting error or because the information on the base map was
corrected based on a new survey or receipt of more accurate information.
The decision of the Planning'Director is appealable to the Washington County
Board of Zoning Appeals as an appeal alleging administrative error.
171 Revision 16, Section 27.6 amended 118/08 (RZ-07-0061ORD-08-01)
172 Revision 16, Section 27.7 deleted 1/8108 (RZ-07-006/ORD-08-01)
173 Revision 16, Section 27.8 added 1119/2010, eff. 3/1/2010 (RZ-09-007/0RD-2010-01)
327
ARTICLE 28 - DEFINITIONS114
(Article 28 — deleted and replaced with Article 28A)
174 Revision 14 —Article 28 deleted and replaced with Article 28A, July 26, 2005 (RZ-03-005)
328
ARTICLE 28A - DEFINITIONS175
Section 28A.0 Purpose
For the purpose of this Ordinance, certain terms or words used herein shall be
interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust,
company, or corporation as well as an individual. The present tense includes the
singular. The word "shall" is mandatory; the word "may" Is permissive. The words "used
for" shall include "arranged for", "designed for", "intended for", "maintained for",
' constructed'for", 'or "occupied for." The word "lot" includes the words "plot" or "parcel."
Words or terms not specifically defined below shall have the definition provided in a
standard dictionary.
Abrasive Cleaning:
The mechanical or manual process, and the equipment used in the process to
clean, smooth, grind, cut decorate or in any other way alter or remove the exterior
surface of a structure or individual materials such as, but not limited to; and, shells or
other, grit -like material under more than normal atmospheric pressure with or without a
secondary transporting medium such as water or some other liquid, e.g. sandblasting.
Accessory Use or Structure:
A Use or Structure on the same premises with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
Adopted Plan:
Comprehensive Plan for the County, Land •Use Plan Map. and associated
policies.
Adult Entertainment:
An establishment consisting of, including, or having the same characteristics of
any or all of the following.
Adult Bookstore: An establishment which has books, magazines, or other
periodicals as a substantial or significant portion of its stock in trade with such
establishment customarily not being open to the public in general but only to one or
more classes of the public, excluding any minor by reason of age.
Adult Mini -Motion Picture Theater: An enclosed building with a capacity for less
than 50 persons used for presenting motion pictures or slides with such establishment
175 Revision 14, Article 28 replaced in its entirety 7/26105 (RZ-03-005)
329
customarily not being open to the public generally but only to one or more classes of the
public, excluding any minor by reason of age.
Adult or Child Day Care Center:
An establishment, including nursery schools, not part of a residence that provides
for the care, supervision, and protection of persons on a less than 24 hr/ day.basis.
Agriculture:
The raising of farm products for use or sale, including animal of poultry
husbandry, animal husbandry facilities, aquaculture, and the growing of crops such as
grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers and similar
products of the soil.
Agricultural Operation:
Any parcel of land that has an agricultural assessment as determined by the
Maryland State Department of Assessments and Taxation.
Agricultural Structure176
A'structure associated with an agricultural operation, which js not, associated with
human occupancy or have access by the general public. "Agricultural structures may be
constructed without need to obtain a building permit; however, setbacks shall be met in
accordance with the district that it is located, and an agricultural "structure certificate is
required. Structuresassociated with animal husbandry facilities shall be in accordance
with Article 22 Division 1X of this`. Ordinance.
Agricultural Structure Certificate:
A use certificate issued for an agricultural structure upon submittal and review of
a scaled drawing.
Alteration:
Shall mean any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited to, the erection,
construction, reconstruction or removal of any structure.
Animal Husbandry Facility:
The structures used for housing, breeding and managing the waste of dairy or
beef cattle, sheep, goats, swine, horses, poultry, fowl and any other species managed
for use or sale. Structures for milk or livestock production are also included.
176 Revision 15, Agricultural Structure amended 9/19/06 (RZ-06-007/ORD-06-09)
330
Animal Husbandry Facility, Expansion:
Increasing an existing facility's outside dimensions for the purpose of housing
additional animals and/or management or storage of additional animal waste.
Antenna Support Structure:
Any existing building or structure, other than. a Commercial Communications
Tower, with any accompanying device which attaches the commercial communications
equipment to the existing building or structure which may be located either inside or
outside the attachment structure.
Area, Land:
Land area refers to new land area, exclusive of streets and other public space.
Area, Building (Building Coverage):
The horizontal projected area of a building or its accessory, buildings, excluding
roof overhangs and uncovered steps and porches. All horizontal measurements shall be
made between exterior fences or walls.
Floor 177
Assisted Living Facility:
A building or section of a building, or a residence that provides a residential
environment assisted by congregate meals, housekeeping, personal services, and
limited nursing for persons who have temporary or periodic difficulties with one or more
essential activities of daily living, such as feeding, bathing, dressing ,or mobility, and for
persons who have physical or developmental disabilities.
Automobile Service Station:
A building, lot, or both, where gasoline, oil, grease, batteries, tires, and
automobile accessories may be supplied and dispensed at retail, and where automobile
servicing and minor repairs are, provided. Uses at a service station,do not include major
mechanical and body work, storage of automobiles notin operating condition, or other
work involving noise, glare, fumes,. smoke, or. other characteristics to an extent greater
than normally found in such stations. A service station is. not a repair and service garage
or a body shop.
Automobile Parking Lot or Garage, Commercial:
A lot or building or portion thereof, other than an automobile sales lot used for the
storage or parking of six or more motor vehicles for a consideration, where service or
repair facilities are not permitted. Such parking lot or garage shall not be considered an
177 Revision 16, definition deleted 12-1-09 (RZ-09-003/ORD-09-10)
331
accessory use, nor shall it be used for the storage of dismantled or wrecked motor
vehicles, parts thereof, or junk.
Automobile Sales Lot:
A lot arranged, designed, or used for the storage and display for sale of any
motor vehicle, eligible for an inspection sticker, or any type of trailer provided the trailer
is unoccupied and where no repair work is done except minor incidental repair of
automobiles or trailers displayed and sold on the premises: An automobile sales lot shall
not be used for the storage of dismantled or wrecked motor vehicles:
Banquet/Reception Facilities:178
Commercial establishment engaged in the provision of meeting or congregation
facilities for special events such as weddings, parties, public meetings, and social
gatherings. Such facilities may or may not include catering services. Restaurants are
not included as part of this definition. Such uses may be accessory when associated
with hotels, motels, or resorts.
Bed & Breakfast:.
An owner —occupied residential structure providing rooms for temporary,
overnight lodging, with or without meals, for paying guests. A Bed & Breakfast may be
an accessory use when located within the principle structure in the A, EC', P, and RV
Districts.
of
Board:
The Board of Appeals.
Boarding House:
A dwelling unit or part thereof in which, for compensation, lodging and meals are
provided. ,
Brewery, Commercial:179
An establishment with facilities far manufacturing and bottling malt beverages for
sale on -site or through wholesale or,retail outlets 'in accordance with a valid Class 5
manufacturing license from the State of Maryland. A commercial brewery is a brewery
that does not meet the definition of a Farm Brewery. Accessory uses may include beer
tasting rooms at which beer tasting occurs, accessory food sales related to the beer
tasting, and the sale of beer produced on site. The area for beer tasting, accessory food
sales related to the beer tasting, and sales of beer produced on -site shall not exceed 25
percent of the area of the structures located on -site and. being used for manufacturing
and bottling.
178 Revision 17, definition added 4/23/13 (RZ-12-002/ORD-2013-13)
179 Revision 17, definition added 4/23/13 (RZ-12-002/ORD-2013-13)
332
Brewery, Farm:166
An establishment located on a farm with a producing hopfield or similar growing
area which may have facilities for brewing, processing, bottling, packaging, and storage
of beer on the premises where the owner or lessee manufactures beer in accordance
with a valid Class 8 manufacturing license from the State of Maryland. If the Farm
Brewery produces beer on site, at a minimum, Farm Breweries must. produce at least 2
acres of the agricultural products used in processing the beer on -site at the Farm
Brewery. Accessory uses at the Farm Brewery may. include tasting rooms at which beer
tasting occurs, accessory food sales related to the beer tasting, sales of novelty and gift
items related to the beer and processing facility, sales of beers produced on -site,
occasional promotional events, and guided tours. The area for beer tasting, accessory
food sales related to the beer tasting, and sales of novelty and gift items related to the
beer .and processing facility shall not exceed 25 percent of the area of the structures
located at the farm and being used for the Farm Brewery. A Farm ;Brewery ,and its
accessory uses shall be considered a bona fide and normal agricultural activity and an
agricultural land management activity. A Zoning Permit and Site Plan approval is not
required for a Farm Brewery that includes a tasting room, accessory food sales related
to the beer tasting, sales of novelty and gift items related to the beer. Notwithstanding
the, foregoing; a Farm Brewery. with a tasting room shall be required to file with the
County Divisionof Plan Review and permitting, evidence that the vehicular access to the
Farm Brewery used by patrons satisfies the`County sight distance requirements set forth
in the County's "Policy.for Determinipg Adequacy of Existing Highways"if such vehicular
access is onto a County public road:
Buildable Area:
The portion of a lot remaining after required yards'have been provided.
Building:
Any structure, which is permanently affixed to the land; and'has one or more
floors and a roof; and is bounded by either open area or the lot lines of a.zoning lot. For
regulatory purposes, the term "building" shall not include mobile homes, tents, or other
"portable" housing which may be attached to a foundation, but this exception shall not
exclude factory constructed buildings which are transported to a site and erected on a
permanent foundation.
Building/Dwelling Cleaning. Services:
Businesses primarily engaged in providing exterior maintenance services, in the
form of cleaning rather than repair, to buildings and dwellings for the purposes of
seasonal routine maintenance not to include: pest control, landscaping care and
maintenance, janitorial service, or building repair.
160 Revision 17, definition added 4/23/13 (RZ-12-002/ORD-2013-13)
333
Building, Height of: 181
The vertical distance from grade plane to the average height of the highest roof
surface. In the case of sloped roofs (such as a hip or gable roof) an average height
would be used as the upper point of measurement rather than the eave or ridge line.
The average height of sloped roofs shall be the mid -point between the roof eave and the
roof ridge,; regardless of the shape of the roof.
Building Lines
The line established, by law beyond which a building shall not extend as
determined by front, side and rear yards therein.
Carpentry or Woodworking Shop
A facility engaged in the production of products from wood. Such operations may
include, but are not limited to, the making of furniture. Hobby activities conducted by the
resident of the proDerty are excluded from this definition.
Cemetery 162
Property used for interring the dead. ,Such facilities may be considered an
accessory use When operated in conjunction with a funeral home or church.
Certified Adult Residential E'nvironme`r `,t (C A. R.E.)'Homes
`.'
See Section 4.23.
Child Day Care Center:
See Adult/Child Day Care Center.
Clinic:
An establishment where patients are admitted forexamination and treatment on
an outpatient basis by one or more licensed physicians, dentist's, other medical
personnel, psychologists, or social workers and where patients are not lodged overnight.
Colleges, Public or Private:
A college or universityauthorized by the state to offer degrees and'ho larger than
sixty (60) acres in land area where permitted by special exception.
161 Revision 16, definition amended 814109 (RZ-09-001)
182 Revision 16, definition added 814109 (RZ-09.001/ORD-09.08)
334
Commercial Communications Tower:
A self-supporting lattice, guyed, or monopole structure constructed to support
commercial communications equipment.
Commercial Communications Equipment:
Any cables, wires, lines, wave guides, antennas, and any other equipment or
facilities associated with the transmission or reception of communications which a
person seeks to locate or has installed upon a commercial communications tower or
antenna support structure.
Commission
The Washington County Planning Commission.
Comprehensive Care Facility:
A building or group of buildings that contain independent dwelling units, facilities
for assisted living, and facilities'fornursing or convalescent care on thesame site.
Concrete Operations:
Concrete and ceramic products manufacture, including ready -mix concrete plants
shall not exceed five (5) acres in size where permitted by special exception without a
specific findingof compatibility of the use by the Board of Appeals.
Conference Centers:183
A facility used for conferences and seminars. Such facilities . may also have
accommodations for sleeping, food 'preparation and eating, recreation, entertainment,
and meeting -rooms provided these ancillary uses do. not exceed 49,% of the structure.
Such uses may be accessory when associated with hotels,' motels, or resorts.
Construction `started:
For the purposes of this Ordinance, construction will be deemed to have begun
when all the necessary excavation and piers and/or footings of one or more buildings or
structures covered by the permit have been completed.
Contractor's Storage Yard:
The temporary or permanent storage of contractor's equipment and/or supplies
relating to any of the building trades that are located outside of permanent structures on
a parcel of land and that may ormay not include office space and a maintenance area.
183 Revision 17, definition added 4/23/13 (RZ-12-002/ORD-2013-13)
335
A. Low intensity storage: shall be defined as a storage yard of 2,500 square
feet or less that allows for storage of up to 5 individual pieces of
equipment, including company vehicles, and employs 3 people or less.
B. High intensity storage: shall be defined as a storage yard of more than
2,500 square feet that allows for.the storage of more than 5 individual
pieces of equipment, including company vehicles, and employs 4 people
or more.
Convenience Store:
Any retail establishment offering for sale: prepackaged or pre-processed food
products, household items, and other goods commonly associated, with the same and
having a gross floor area of 5,000 square feet or less. Such establishments may also
sell gasoline at retail prices. The area utilized for the sale of gasoline shall be
considered as part of the gross floor area.
Court:
An open, .uncovered. outdoor space enclosed on two or more sides by. exterior
walls or buildings on the same lot.
Crematories:184
Facilities' designed, for the cremation of human and animal. bodies. Such facilities
are considered as .an accessory use when operated in conjunction with a funeral home.
Dairy Products Store:
A retai) establishment offering for sale dairy products produced on -site and that is
accessory to a principal agricultural use of a property.
Declaration of Intent:
A signed and notarized statement by the landowner of the owner's agent
certifying that the activity on the landowner's property:
A. . Is for certain activities exempted under the Washington County Forest
Conservation Ordinance, and
B. Does not circumvent the requirements of the Forest Conservation
Ordinance.
Dwelling:
A building containing one or more dwelling units. The term "dwelling" or any
combination thereof shall not be deemed to include hotel, rooming house, motel,
184 Revision 16, definition amended 814/09 (RZ-09-001/ORD-09-08)
336
clubhouse, hospital, or other accommodations used for more or less transient
occupancy.
A. Dwelling, Detached: A dwelling that is not attached to any other dwelling
by any means.
B. Dwelling, Group ("Condominium"): A building, or group of. buildings
consisting only of dwelling units that occupy a single parcel of land in one
ownership and have any yard or service area in common..
C. Dwelling, Multiple -Family ("Apartment"): A building containing three or
more dwelling units.
D. Dwelling, Semi -Detached: One of two buildings arrangedor designed as
dwelling units, located on abutting lots, separated from each other by a
party wall, without openings, extending from the cellar floor to the highest
point of the roof along the dividing lot line, and separated from any other
building or structures by space on all sides.
E. Dwelling, One -Family: A building containing not more than one, dwelling
unit and not occupied by more than one family and is not attached to any
other dwellings by any other means.
F. Dwelling, Town House: A one family dwelling in a series of three or more
attached dwelling units, each with its own access points, located side by
side, and separated from one another by continuous vertical party walls
without openings from basement floor to roof.
G. Dwelling, Two -Family ("Duplex"): A building located on one zoning lot
containing not more than two dwelling units, arranged one above the
other or side by side, and not occupied by more'than two families.
Dwelling Unit:
One or more rooms in a residential building or in a mixed building, which are
arranged, designed, used or intended for use by one or more persons living together and
maintaining a common household, and which include lawful cooking space and lawful
sanitary facilities reserved for the occupants. therefor.
Essential, Utility Equipment:
This term comprises underground or overhead electrical,; gas, communications,
water or sewerage systems, including electrical poles, towers or pole structures, wires,
lines, mains, drains, sewers, conduits, cables, , fire alarm boxes, public telephone
stations, police call boxes, traffic signals, hydrants, regulating and measuring devices,
and the structures in which they are, housed, and other similar equipment and
accessories in connection therewith. It does not include Commercial Communications
Towers, nor does it include buildings, yards, stations used for storage, repair or
processing of equipment or material, and does not include buildings, yards, stations, or
337
substations for transforming, boosting, switching or pumping purposes, where such
facilities are constructed on the ground.
Explosives:
For the purpose of this Ordinance, an explosive shall be defined as any chemical
compound, mixture, or device, the primary or common purpose of which is to function by
explosion.
Exterior Features:
Shall mean the architectural style, design and general arrangement of the
exterior of an historic resource, including the nature and texture of building materials,
and the type and style of all windows, doors, light fixtures, signs or other items found on
or related, to the exterior of an historic resource.
Family:
A group of individuals not necessarily related by blood, marriage, adoption, or
guardianship living together in a dwelling unit as a single housekeeping unit under a
common housekeeping management plan, based on an .intentionally structured
relationship providing organization and; stability.
Farm:
See Agriculture or Agricultural Operation:
Farm Animal:
Any animal maintained or used for the production of food or fiber or for other
agricultural 'purposes.
Flood Plain, One -Hundred (100) Year:
That area which would be inundated by stormwater rynoff equivalent to that
which would occur with a rainfall of one hundred (100) year frequency after total
development of the watershed.
Flood Plain Management Ordinance:
The Washington County Floodplain Management Ordinance adopted by the
Board of County Commissioners for Washington County on July 1, 1992, and any
subsequent revisions, for the unincorporated areas of Washington County, Maryland.
Forest Conservation Ordinance:
' The Washington County Forest Conservation Ordinance adopted by the Board of
County Commissioners for Washington County' on February 2, 1993, and any
338
subsequent revisions, incorporating by reference the Washington County Forest
Conservation Technical Manual.
Forest Conservation Plan:
The detailed plan and supporting documents prepared for a site proposed for
development and/or improvement which shows how forest conservation reforestation or
afforestation will be completed, in accordance with the Forest Conservation Ordinance
and the Washington County Forest Conservation Technical Manual.
Forest Stand Delineation:
The detailed methodology and document for evaluating existing trees and
vegetation on a site proposed for development, and/or improvement in accordance with
the Forest Conservation Ordinance and the. Washington County Forest Conservation
Technical Manual.
Frontage:
185
Garden shop, Nursery, Greenhouse:''
An establishment primarily engaged in the retail sale of trees, shrubs, other
plants, seeds, bulbs, mulches, soil conditioners,: fertilizers, pesticides, and tools and
other garden supplies to the general public:.
Garage:
Garage, Residential: An accessory building, portion of a main building, or
building attached thereto, used for the storage 'of private motor' vehicles, fifty (50%)
percent of which may be for the storage of a commercial vehicle.,
Garage, Service; A garage, other than a residential garage, where motor
vehicles, trailers, or other types of equipment are stored, equipped for operation,
repaired, or kept for remuneration, hire or sale.
Grade:166
The finished ground level at the exterior surface of a building or structure.
Grade Plane:187
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 shall be established by the lowest points within the area
165 Revision 16, definition for "Frontage" deleted 814109 (RZ-09-001/ORD-09-08)
186 Revision 16, definition added 8/4/09 (RZ-09-001/ORD-09-08)
187 Revision 16, definition added 8/4/09 (RZ-09-0011PRD-09-08)
339
between the building and the lot line or, where the lot line is more than six (6) feet from
the building, between the building a point six (6) feet from the building.
Gross Floor Area:188 The sum of the gross. horizontal areas of the several floors
of a building or structure from the exterior face of the exterior walls, or from the
centerline of a wall separating two buildings, but excluding any space where the floor to
ceiling height is equal to or less than seven (7) feet.
Gross Leasable Area:189 Shall mean the gross floor area minus the following
area deductions:
(a) Elevator shafts and stairways
(b) Public Restrooms
(c) Public lobbies, common mall areas, atriums,and courtyards
provided solely for pedestrian access to the building from the
exterior, and/or for aesthetic enhancement or natural lighting
.purposes, and
(d) Mechanical and equipment areas.
Hazardous Waste or Controlled, Hazardous Substance:
Any substance that is a controlled hazardous substance.or.hazardous waste as
those terms are defined in the Environment Article, Annotated Code of Maryland, as
amended, or as defined by the United States. Code, as amended.
Health Department:
The Maryland State Department of Health and Mental Hygiene or the
Washington County Health Department.
Helipads:199
A designated surface for the landing and departure of helicopters. Helipads do
not contain facilities or provisions for the storage, fueling, repairs, or maintenance of
helicopters. Helipads shall conform to any applicable federal and'State regulations.
High Rise Buildings:191
Residential' structures permitted in mixed use zoning districts that are more than
three (3) stories, but not more than six (6) stories in height.
Historic Resource:
Shall mean a district, landmark, site, building; structure, space or object,
188 Revision 16, definition added 1211109, eff. 2/112010 (RZ-09.003/ORD-09.10)
189 Revision 16, definition added 12/1/09, eff. 211/2010 (RZ-09-003/ORD-09-10)
190 Revision 17, definition added 4117/12, eff.7/1112 (RZ-10-005/oRD-2012-07)
191 Revision 17, definition added 4/17112, off. 7/1/12 (RZ-10-005/Ot2D-2012.07)
340
including its appurtenances and environmental setting, which can be linked historically
through location, design, setting, materials, workmanship, and/or association, and which
is significant in national, state or local history, architecture, archaeology or culture.
Home Association:
An incorporated, nonprofit organization operating under recorded land
agreements through which:
A. Each lot and/or home owner in a planned unit or other described land
area is automatically a member; and
B. Each lot is automatically subject to a charge for a proportionate share
of the expenses for the Home Association's activities, such as
common property maintenance.
Home Occupation:
Any use of a dwelling or, accessory building conducted solely by a member or
members of the family residing therein, which is incidentalor subordinate to the main
use of the building for dwelling purposes and meets all of the following criteria:
A. The use does not exceed more than fifteen (15) percent of the floor
space of the dwelling or accessory structure;
B.. The use does not generate vehicular parking, freight and delivery
traffic or other nonresidential traffic to a greaterextent than would
normally result from residential occupancy;
C. The use does not generate outside storage of equipment or supplies;
D. And. has no other. evidence, being visible, audible. or abnormally
odoriferous from the outside of the dwelling to indicate it is being used
for anything other than residential purposes
Hospital:
An institution that is licensed as a hospital by the state and which receives
inpatients 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.
Hotel:
A facility providing sleeping and lodging accommodations as well as amenity
services such as restaurants, meeting rooms, entertainment, and recreational facilities,
and with the majority of the rooms serviced by one main lobby entrance.
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In Home Family and Child Day Care Facility:
An establishment located in a residence providing for care, supervision and
protection of children on a less than 24 hr/day basis as provided for by Section 4.15.
Industrial Park:
The division of a tract of land which is eminently suitable for industrial use into
small tracts or parcels according to a comprehensive plan for occupancy by a group of
industries and has streets and utilities and conforming to the requirements of Article 18.
Junk:
Old or discarded scrap, copper, brass, iron, steel or other metals, or materials
including but not limited to tires, household appliances, furniture, rope; rags, batteries,
glass, rubber debris, waste, trash, construction debris, plumbing fixtures, or any
discarded, dismantled, wrecked, scrapped, junk or nuisance motor vehicles or parts
thereof. Building materials stored on site for an active or pending construction project
are not considered "junk" under this definition.
Junk Vehicle:
A vehicle that does not. display, a current license platelawfully upon a vehicle; is
partially dismantled, wrecked or extensively damaged or deteriorated; and is not capable
of lawful operation on public roads.
Junk Yard:
Any, area where,waste, junk, trash, discarded or salvaged materials are bought,
sold, exchanged, baled, parked, stored, disassembled, or handled, including auto
wrecking yards, house wrecking yards, used lumberyards, and places or yards for
storage of salvaged house wrecking and structural steel materials and equipment, but
not including areas where such uses are conducted entirely within a completely
enclosed building and not including permitted and . approved pawnshops and
establishments for the sale, purchase, or storage of used furniture and household
equipment, used cars in operable condition, salvaged machinery and the processing of
used, discarded, or salvaged material as part of manufacturing operations.
Kennel:
Any building or structure and/or land used, designed, or arranged for housing,
boarding, breeding, or care of more than five (5) adult dogs, over the age of four (4)
months, kept or bred for hunting, sale, exhibition, or training, for profit, but not including
farm animals.
342
Landscape Contractor:
A business involved with the treatment of the ground surface with live vegetative
materials or decorative surfacing, including, but not limited to mulch, stone or other
materials. This can include both installations of materials as well as maintenance of such
materials.
Lot:192
An identified tract of land occupied or intended to be occupied by a principal
building and its accessory buildings and uses, including all open spaces required by this
Ordinance .
• A. Lot Area, Gross: The total area in square feet circumscribed the lot
lines of a lot.
B. Lot Area, Net: The gross lot area except when the legal instrument
creating a lot shows the boundary of the lot extending into,a public
street right-of-way. In such cases, the lot boundary, for purposes of
computing the lot area, shall be the street right-of-way line and the net
lot area shall be the gross lot area less the area within the public right-
of-way.
C. Lot,, Corner: A lot abutting on two or more streetsat their intersection
where the interior angle of the intersection does not exceed one
hundred thirty-five(1S5) degrees. A lot with frontage on a.curved
street that approximates the shape of a triangle or semi -circle shall
also be considered a corner lot.
D. Lot Frontage: The front of a lot shall be construed tote the portion of
the lot nearest a public street or. public right-of-way. For the purpose
of determining yard requirements on corner lots and through lots, all
sides of a lot adjacent to public streets shall be considered frontage,
and yards shall be provided as required herein, except that not more
than one (1) rear yard may be required.
E. Lot Measurements:
1. Depth is the average horizontal distance between the front lot
line and the rear lot line.
2. Width shall mean the horizontal distance between the side lot
lines measured at the mid -point of the side lot lines.
F. Lot, Panhandle: A polygonal shaped lot with the appearance of a
"pan" or "flag and staff" in which the handle is most often used as the
point of access to a street or road. The "handle," when less than the
192 Revision 16, definition amended 8/4109 (RZ-09-001/ORD-09-08)
343
minimum width for a building lot in the Zoning District where it is to be
located, is not to be used in computing the minimum area required.
G. Lot of Record: A lot which is part of a subdivision recorded in the
office of the Clerk of Circuit Court of Washington County or a lot or
parcel described by metes and bounds, the description of which has
been so recorded.
H. Lot, Reverse Frontage: A through lot where one of the frontages abuts
a public street or right-of-way but there is no access.
I. Lot, Through (also known as Double Frontage): A lot having its front
and rear lot lines abutting a public street or right-of-way.
Machine Shop:
A business engaged in the machining of metal on a. job basis. Services include:
machining, drilling, machining, surface grinding, laser polishing, milling, boring and
turning.
Map Amendment:
Any modification, change, addition, or amendment to the zoning maps contained
in the Zoning Ordinance of Washington County, Maryland, including the creation,
modification, change, addition or amendriierlt to an overlay zone on a particular parcel of
land located in Washipgfod County, Maryland subject to the Zoning Ordinance of
Washington County._`'""'
Meat Market:
A business `engaged inthe sale of. edible meat, poultry and fish. A meat market
may be considered an accessory use on a'farm where the product are from animals
raised on the property:
Meteorological Tower:193
Defined to include the tower, base plate, anchors, guy wires and hardware,
anemometers (wind speed indicators), wind direction vane's; 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 H
Mineral Extractive Operations:
Mineral extractive operations do not' include or permit the incineration of
hazardous waste or controlled hazardous substances as fuel for any purpose.
193 Revision 16, definition added 6/16/09 (RZ-09.004/ORD-09.04)
344
A. Mineral Extraction: The removal of soil, sand, gravel, sandstone,
limestone, shale, oil, gas, or other mineral from the ground.
B. Mineral Processing: The sorting, breaking, beneficiation, storage or
compounding of mineral resources.
C. Mineral -Related • Uses: All uses customarily related to mineral
extraction and processing, including storage and maintenance of
equipment, office space, and dwellings or mobile homes for
company employees.
D. Mineral -Based Manufacturing: The manufacture of products with a
mineral base, including cement, lime, brick, tile, glass, and similar
products:
Mineral extractive operations including any or all of the above
operations are defined according to impact in the following categories:
1. Low Volume Operations: Operations in which the land area
disturbed by mineral extraction is one (1) acre or less and no
temporary, or pehn'anentstructures are Involved.
2. Moderate Volume Operations:' Operations in which the land
area devoted to mineral extraction arid'mineral 'processing is
five (5) acres or less and greater than one (1?,acre.
3. High Volume Operations: Operstioris in wliioh'the land area
devoted to mineral extractive operations is greater than five (5)
acres.
Mini warehouses:
!rv.
A single story structure containing separate cubicles, which are,, rented to the
r r..
public for storage, purposes.
Minor: Site Plan:
A simplified version of a site plan that may be subitiitted, in accordance with
Article 4.11 for uses thathave been approved by the Board of Appeals and/or where the
revisions or modifications to an existing site plan, building, or lot will not significantly
change the developed areas of the site or building footprint, substantially increase traffic
volumes, warrant substantial traffic flow improvements, require substantial public
infrastructure improvements, is not in any sensitive area as., defined in the
Comprehensive Plan, and where the site has not been identified on' County historical
inventory records.
Mixed Use Building:
A structure or building that is occupied by two or more uses as defined in the
Table of Land Uses. Each portion of the building shall be individually classified as to use
and must meet the site requirements for each defined use:
345
Mobile Home:
A detached structure with the following characteristics:
It' is designed for long-term occupancy and containing sleeping accommodations,
a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical
connections provided for attachment to outside systems, and;
it is designed for transportation after fabrication on streets or highways on its own
wheels, or on flatbeds or other trailers, or detachable wheels, and;
It arrives at the site where it is to. be, occupied complete and ready for occupancy
except for minor and incidental unpacking and, assembly operations, location on jacks or
other temporary or permanent foundations, connections to utilities and the like.
A travel trailer is not a mobile home. See "Travel Trailer."
Mobile Home Park:
A lot or, tract of land, used or intended to ,accommodate mobile homes for
residential purposes with adequate public or community water and sewerage service
meeting Health Department standards. A mobile home park does not include mobile
home sale s,lots, .on which unoccupied mobile homes are parked for inspection and sale.
Mobile Home Subdivision;
A residential development where separate tracts of land, specifically designed to
accommodate mobile homes, are intended to be sold to mobile home owners with
adequate public or community water and sewerage service, meeting Health Department
standards.
Model Home:
A dwelling constructed within a subdivision for the purpose of displaying various
attributes and amenities of home construction and on a temporary Basis. These
dwellings may contain temporary sales areas for the purposes of marketing dwellings
within the development that will be removed upon completion of the development.
Modular Unit:194
A factory -fabricated transportable building unit established on a permanent
foundation so as not to be deemed transportable after installation and designed to be
used by itself or to be incorporated with similar units at a building site into a modular
structure for residential, commercial, educational, or industrial uses.
194 Revision 15, Modular Unit amended 9119/06. (RZ-06-007/ORD-06-07)
346
Motel:
A facility providing sleeping accommodations with majority of all rooms having
direct access to the outside without the necessity of passing through the main lobby of
the building.
Motor Vehicle Garage:
A building or premises intended or operated for the major repair of motor vehicles
including body -work, painting, spraying, welding or the temporary storage of vehicles not
in operating condition.
Motor Vc N.61t. or, hicic.195
Net Floor Area:196 Shall mean the gross floor area minus floor area deductions
for elevator shafts and stairwells, mechanical/equipment areas,. public restrooms, interior
parking and loading areas, and public lobbies, common mall areas, atriums and/or
courtyards provided solely for pedestrian access, and/or for aesthetic enhancement or
natural lighting purposes.
Nonconforming Use:
A use of a building or of land lawfully existing at the time this Ordinance becomes
effective and which does not conform with the use regulations of the district in which it is
located..
Nuisance Vehicle:
A vehicle on public or private property that.is determined and declared to be a
health or safety hazard, a public nuisance, and unlawful, including a vehicle determined
and declared to be:
(a) A breeding ground or harbor for, mosquitoes, other insects, rats or
other pests;
(b) A point of heavy growth of weeds of other noxious vegetation over
12 inches in height;
(c) A point, of collection of pools or ponds of water;
(d) A point ofconcentration of quantities of gasoline, oil or other
flammable or explosive materials as evidenced by odor;
(e) One which has areas of confinement which cannot be operated
from the inside, such as trunks, engine compartments or glass,
windows, or any exterior or interior fixtures, that present physical
dangers to the safety and well-being of children or others;
(f) One so situated or located so as to be in danger of falling or
turning over;
195 Revision 16, definition deleted 12-1-09 (RZ-09-003/ORD-09-10)
196 Revision 16, definition added 12/1/09, off. 2/1/2010 (RZ-09-003/ORD-09-10)
347
(g) One which is a point of collection of garbage, food waste, animal
waste or any other rotten matter of any kind; or
(h) One that has sharp parts that are jagged or contains sharp edges
of metal or glass.
Nursing/Convalescent Home:
A facility which provides board, shelter and skilled nursing care to chronic or
convalescent patients.
Nutrient Management Plan:
The farm specific field by field set of crop nutrient, recommendations prepared by
a nutrient management planner certified by the Maryland Department of Agriculture
balancing nutrient sources including animal wastes, crop residues, commercial fertilizers
and other materials containing nutrients.
Open Space:
Land provided and deemed necessary and desirable for present and future
residents and citizens of the area including such land in stream valleys, natural woods,
areas of unusual natural scenic beauty, local play lots, recreational subdivisions.
• Outdoor/Recreational Outfitter:'97.
A company or individual who provides equipment supplies, and/or guidance for
outdoor and recreational activities such as camping, hunting, fishing, or boating.
Pet Shop:
A separate commercial establishment that offers to sell live animals with the
intent that they be kept as pets without outside areas' or runways or exercise areas and a
kennel license is not required.
Planned Business Center (Shopping Center/plazalmall:198
A group of three or more commercial establishments planned, constructed,
and/or managed as a total entity. This shall include 'shell' buildings that may or may not
have pre -defined rental unitsor condos. In planned. business centers, not more than
25% of the gross floor area may contain uses other than retail sales. Intensity of these
uses shall be defined as follows;:
A. Neighborhood Shopping Center: A gross floor area of 25,000 square
feet.
B. Community Shopping Center: A gross floor area between 25,001 and
200,000 square feet.
197 Revision 16, definition added 8/4/09 (RZ-09-001/ORD-09.08)
198 Revision 16, definition amended 12/1/09, eff. 2/1/2010 (RZ-09.003/ORD-09-10)
348
C. Regional Shopping Center: A gross floor area greater than 200,000
square feet.
Preservation:
Shall mean the maintenance of an historic resource in its, present condition or as
originally constructed. Preservation aims at halting further deterioration and providing
structural safety, but does not contemplate significant rebuilding. Preservation includes
techniques of arresting or slowing deterioration; improvement of structural conditions to
make a structure safe, habitable, or otherwise useful; normal maintenance and minor
repairs that do not change or adversely affect the fabric or appearance of a structure.
Private Recreational Facilities:
A facility such as a swimming pool,,tennis court, beach,. boat dock or basketball
court which is an accessory use located on a single-family or two-family residential
zoning lot, the use of which is restricted to the occupants of the principal use and guests
for whom no admission or rnembership'fees are charged.
Public -Owned Land:
Existing lots,tracts, or parcels of land owned by local, state and/or federal
agencies.
Reconstruction:
Shall mean 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.
"Reconstruction" should be undertaken only when ,the property to be reconstructed is
essential for understanding and, interpreting the value of an entire,. area and sufficient
documentation exists Ito ensure an exact reproduction of the original.
Recreation Center:
Commercial establishment engaged in the providing of indoor and/or outdoor
amusement. The activities may include, but are not limited to sports clubs, amusement
centers, batting cages,„ miniature golf, go-kart tracks, physical fitness centers,
skateboard centers and racquetball facilities.
Recreational Travel Vehicle:199 (Now included under definition of "Vehicles"]
Recycling Collection Stations 200
An area 'of land, designated temporarily or permanently, for the location of
portable containers designed to receive materials in designated separate compartments
for recycling, such as paper, cardboard; metals, plastics, or glass. Recycling collection
799 Revision 16, moved and amended 12/1Po9,.eff. 2/1/2010 (RZ-09-003/ORD-09-10)
200 Revision 17, definition added 4/17112, off. 7/1112 (RZ-10-005/ORD-2012.07)
349
stations may only be established by and shall be monitored and maintained by local
government as part of an' established recycling program. They are intended to be
available for the deposit of recyclable materials by individual citizens or businesses and
not for the receipt of materials collected by commercial entities.
Recycling collection stations are considered an accessory use and may be
located in any zoning district in conformance to the following guidelines:
(a) They shall be a minimum of two hundred (200) feet from any dwelling.
(b) They shall be a minimum of ten (10) feet from any public street or road
right of way.
(c) They shall not block visibility at any'street intersection.
(d) When located in parking lots, they shall not present an obstruction to
vehicles using the parking lot or remove spaces from use that are
required to meet the minimum parking spaces required, for the permitted
use.
Recycling Facilities:201
A location, building, or land'Use where recycling, as defined herein, takes place.
Collection, separation, temporary storage, volume reduction (mechanically, not
chemically, or by melting or other industrial processes), packaging, and shipment are
permitted at the location. Recycled materials that have already been separated at
another, location may be stored and packaged or repackaged at a recycling facility for
later shipment' to a processing facility.` All activities at''the "site must occur within a
completely enclosed building designed to limit the emission of objectionable odors,
fumes, dust, and the attraction of rodents'' and other animals:, There shall be no waste
products of any kind (solid, liquid, or gaseous) permitted outside of the building or on the
site except the domestic waste that'would normally'be generated by'employees on the
site.
A recycling facility may be considered an accessory use on the site of a
Maryland Department of the Environment permitted solid waste management facility.
When located on the site of a permitted facility Operated by a government entity, the
restrictions against outside collection or storage of materials'do not apply.
A recycling facility not located on the, site of a permitted facility is not intended to
permit the receipt of the unsorted household waste stream that is transported directly
from its collection from individual homes and businesses by, governmentally provided or
sponsored waste collection services to the recycling facility. This function` is reserved for
facilities located at the government owned, operated, or sponsored permitted facility.
Recycling is the process of removing certain materials' or products from the non-
hazardous waste stream in order that they may be used again in the production of other
201 Revision 17, definition added 4117112, eff. 7/1112 (RZ-10-00510RD-2012.07)
350
products or consumer goods. The process includes the collection of recyclable
materials, delivery to a specified location, separation (manually or mechanically),
reduction in volume by mechanical means (shredding, crushing, compaction), baling or
other packaging, and temporary storage and shipment to another location for additional
processing into a raw material for the later production of other products or consumer
goods or service.
Unrecyclable materials that remain must be removed from the recycling facility
site and disposed of in an approved manner (such as in a sanitary landfill). Industrial
processes applied to the separated material to convert it into a raw material for
manufacturing into a new consumer product are not permitted as' a part of the recycling
process but may be an industrial land use that may or may not also be permitted in the
zoning district. These processes may occur on the same site if they are a permitted use
in the zoning district.
Recycled materials usually include, but are not necessarily limited to, paper,
cardboard, glass, cans, and other metals, organic yard waste and other plant material,
plastics, electronics, construction materials, fabric, and tires.
Medical waste, used oil, and other fluids, dead animals, or animal parts and
hazardous waste are not included in this definition of recycling.
'Recycling does not include the'collection, storage, or dismantling, of automobiles,
trucks, farm vehicles, and other similar equipment that is not readily processed into raw
materials for production of new products or consumer goods without additional
manipulation such as dismantling,"
The collection of used oil, batteries, and other used auto parts in exchange for
new ones' at retail locations for eventual shipment or ,collection and transfer to another
location for processing or di§posal is hot considered recycling, but is an acceptable
accessory use to the primary retail activity.
Recycling-Faellli( 20z
Research and Development Facility:
A building or buildings, for which an overall plan has been approved by the
Planning Commission, designed with open„ space and compatible with the adjacent
community, to be used for the .inquiry and investigation of sources and limited to the
basic and applied research phase of the inquiry; not including however, any
manufacturing, industrial operations or pilot plant involving machines or operations
normally associated with production or assembly lines or the production of goods in
quantity above that needed for product testing and evaluation.
202 Revision 17, definition deleted 4117112, eff. 7/1/12 (RZ-10-005/ORD-2012.07)
351
Research Institution:203
A non-profit or for-profit organization, establishment, or other entity engaged in
conducting original investigation on a systematic basis to gain new knowledge,. and/or
the. application of research findings or other scientific knowledge for the creation of new
or significantly improved products or processes.
A research institution typically, conducts its research, experimental development,
and analyses in a defined field, such as physical, engineering, life or social sciences, or
the humanities. The use includes the necessary laboratory and pilot production areas
required to conduct the research.
Research Institution:
Shall mean an activity occurring in a building or group of buildings used primarily
for basic and applied research.
Resident Business:
A special exception use of a dwelling or accessory. structure, as approved by the
Board of Appeals, conducted solely by a member or members of the family residing
therein and not more than two (2) non-resident employees, which is incidental or
subordinate to the main use of the building for dwelling purposes and meets the
following criteria;,,"
A. The use does not exceed more than twenty-five (25) percent of
the floor space of the dwelling or an accessory structure;
B. The use will not generate vehicular parking that would exceed
,spaces for the employee and equipment;
C. Freight and delivery traffic shall not be to a greater extent than
would normally result from residential occupancy unless otherwise
approved by the Board;
D. Other non-residential vehicular'traffic resulting from patronage will
not exceed five (5) peak hour trips.
E. Outsidestorage of materials will not exceed ten (10), percent of
the lot area, but not to exceed 5,000 square feet in any instance;
F. Signage for the business is limited to one (1) sign not more than
ten (10) square feet in size;
G. Hours of operation for the business is approved as part of the
special exception by the Board;
203 Revision 17, definition added 4117/12, off. 7/1/12 (RZ-10-005/ORD-2012-07)
352
H. The use has no other evidence being visible, audible or
abnormally odoriferous from the outside of the dwelling to indicate
it is being used for anything other than residential purposes.
I. Upon approval of the special exception a minor site plan shall be
submitted and approved by the Planning Commission.
Restaurant, Drive -In:
Any place or premises used for the sale, dispensing, or serving of food or
beverages to patrons in automobiles, including those establishments where the patrons,
in addition to being accommodated in their automobiles, may also be accommodated
within the premises.
Restoration:
The process of accurately recovering the form and details of a property as it
appeared during a• particular periodof time by means of removal of later work and the
replacement of missing original work.
Retail Sales:204 Establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services incidental
to the sale of such goods. Manufacturing of products sold on site may be permitted
provided the manufacturing process is accessory and subordinate to the selling
activities.
Retail Services:205 Establishments providing services or entertainment, as
opposed to products, to the general public for personal or household use, including
eating and drlhking places, hotels and motels, finance, real estate and, insurance,
personal service, motion pictures, amusement and recreation services, health,
education, and social services, museums, and galleries., .
Riding Academy/Stable:
An establishment or lot where horses, ponies, or other such animals used for
transportation/recreation are boarded and cared for or commercially hired out whether
with or without instruction in riding.
Roadside Stand:
A use that may incorporate a structure, that offers agricultural product for sale, at
least 75% of which were produced as a part of the agricultural operation.
204 Revision 16, definition added 12/1109, eff. 2/112010 (RZ-09-003/ORD-09-10)
205 Revision 16, definition added 12/1109, off. 2/1/2010 (RZ-09-003/ORD-09-10)
353
Rooming House:
See Boarding House.
Salvage:
Old or scrap copper, brass, rope,
junked, dismantled or wrecked machinery,
junked, dismantled or wrecked machinery
other ferrous or nonferrous materials.
Salvage Yard:
rages, batteries, paper, rubber, trash, waste,
machines or motor vehicles, or any parts of
machines or motor vehicles, iron, steel and
Any place that is maintained, operated or used for the storing, keeping, buying,
selling or processing of salvage, or for the operation and maintenance of a motor vehicle
graveyard. Any collection of three or more automobile hulks, or combination of ferrous or
nonferrous materials together with one or more automobile hulks, or a collection of any
salvage contained in an area more than one -quarter acre in size, shall be considered a
salvage yard.
Sanitary Landfill:
A premises used primarily for the disposal of garbage, or any refuse, by
dumping, reduction,, incineration or burial.
Satellite Sky or Receptor Viewshed:206
The airspace necessary for the unobstructed collection or radiation of
electromagnetic Waves to and/or from satellites by any device designed for that purpose
such as a satellite dish:
Sealant Applications:
Sealant applications (e.g. silicon) the mechanical or manual process and the
equipment used in the process that seeks to apply a covering or;jealing coating over a
surface or surfaces structures, particularly where the sealant is applied to,bric}F, stone
and/or other masonry components and where the coating prevents the fiatural
transpiration or "breathing" of a structure thus preventing the movement of moisture
through the structure.
Service Station:
Any area of land;' including buildings and other structures thereon that are used
to dispense motor vehicle fuels, oil, and accessories at retail, where minor repair service
is incidental, and no storage or parking space is offered for rent.
206 Revision 17, definition added 4/17/12, off. 7/1/12 (RZ-10-005/ORD-2012-07)
354
Setback:
The required minimum horizontal distance between the building line, as defined
herein and the related front, side or rear property line.
Signs:
A name, identification, description, display, illustration or device which is affixed
or represented directly or indirectly upon a building, structure or land and which directs
attention to a product, place, activity, person, institution, or business.
A. Sign, Business: A sign that directs attention to a business or
profession or to a commodity, service, or entertainment sold or
offered upon the premises upon which the sign is located.
B. Sign, Freestanding: A sign supported by a permanent structure,
other than a building, that is affixed to the earth and placed on the
same parcel of land on whrch`the business or service advertised
by the sign. is, located. Outdoor Advertising Signs shall not be
considered freestanding signs.
C. Sign, Mobile Outdoor Advertising: A :sign positioned on a vehicle
or other mode of transportationwhere 'advertising of off -premises
businesses, commodities, services, entertainment or goods is the
sole purpose of said vehicle.
D Sign, Outdoor Advertising: A sign, billboard, or structure that
includes at least one message that advertises or directs attention
to a business, commodity, service, or entertainment not
necessarily conducted, sold; or'offered upon the premises where
such sign is located.
E. Permanent Residential Identification Signs: Signs of a permanent
nature setting forth the name of a residential subdivision or
development All signs must be located on the premises of the
development so identified. ,
F. Sign Area: The cumulative area of all faces of a sign, including
the advertising surface and any framing, trim, or molding; but not
including the supporting structure.
G. Sign Face: The area or display surface of any sign upon, against,
or through which the message is displayed or illustrated on said
sign.
355
Small Wind Energy System:207
Means a single -towered wind energy system that:
A. is used to generate electricity;
B. has a rated nameplate capacity of (50) kilowatts or less; and
C. has a total height of one hundred fifty (150) feet or less.
Solar Array:208
A ground mounted solar collection system consisting of a linked series of
photovoltaic modules.
Solar Collection System 209
A panel or other solar energy device, the primary purpose of which is to provide
for the collection, inversion, storage, and distribution of solar energy for electricity
generation, space heating, space cooling or water heating.
Solar Energy Generating System (SEGS):270
A grid -tie solar facility consisting of multiple, solar arrays whose primary purpose
is to generate electricity for distribution and/or sale into the public utility grid and not for
onsite consumption.
Special Exception:
A grant of a specific use that would not be appropriate' generally or without
restriction, and shall be based upon a finding that the use :conforms to the plan and is
compatible with the existing neighborhood.
Stable, Private:
• An accessory structure designed for the, shelter, feeding, and care of no more
than two domestic animals, maintained on the property' aspets or for domestic use as
distinguished from agricultural or livery stables Such use shall be subject to compliance
with Section 4.13 of this Ordinance.
207 Revision 16, definition added 6/19/09 (RZ-09-004/ORD-09-04)
208 Revision 16, definition added 6116/09 (RZ-09-004/ORD-09-04)
209 Revision 16, definition added 6116/09 (RZ-09-004/ORD-09-04)
210 Revision 17, definition added 10/4/11, off. 10/15/11 (RZ-11.003/ORD-2011-21)
356
Stealth.
Any commercial Communications Towers or Commercial Communications
Equipment which is designed to enhance compatibility with adjacent lands, including, but
not limited to, architecturally screened roof -mounted antennas, antennas integrated into
architectural elements, and Commercial Communications Towers designed to look other
than like a tower such as light poles, power poles, and trees. Theterm stealth does not
necessarily exclude the use of uncamouflaged lattice, guyed, or monopole Commercial
Communications Towers designs.
Steep Slope:
Slopes of 25% or more or slopes greater than' 15% where the soil erodability
coefficient or K factor as determined by the most current soil survey for Washington
County, Maryland is 0.35 or greater.
Story 211
That portion of a building included between the upper surface of a floor and the
upper surface of the floor or roof next above.
Stream:
A perennial or. intermittent stream identified in the most, current soil survey for
Washington County, Maryland and field verified when necessary,.
Stream buffer:
An area on one or both sides of a,streafn that, is designated for the purposes of
protecting, preserving or improving water quality by providing for filtration and/or
dissipation of the energy of flowing water or the, maintenance or stabilization of the
stream bank to prevent erosion.'
Street; Highway; Road;
Any street existing or which may be approved by, the Cp)nmission. The word
"street" shall also mean "road", "highway", "boulevard", "avenue", "lane", or "court".
Street Line:
A line defining the edge of a street right7of-way and,separating the street from
abutting property or lots (same as lot line). If, on the comprehensive plan of streets and
highways duly adopted by the County, a street is scheduled for future widening, the
proposed right-of-way line shown on the comprehensive plan shall be the street line.
211 Revision 17, definition added, 4117112, eff. 711112 (RZ-10-0051ORD-2012.07)
357
Structure:
Anything constructed, the, use of which requires fixed location on the ground or is
attached to something having such location, but not including fences, power, gas, water,
sewage or communication lines or poles, sidewalks, driveways or curbs.
Subdivision of Land and Subdivide:
Subdivision means the division of a lot, tract, or parcel of land into two or more
lots, plats, sites, or other divisions of land for the purpose, whether immediate or future
of sale or of development. It includes resubdivision and, when appropriate to the context,
relates to the process of resubdividing or to the land or territory subdivided, as defined in
Article, 66B of the Annotated Code of Maryland, as amended.
Subdivision, Cluster:
A subdivision in which the minimum lot size required by this Ordinance is
reduced, subject to site plan review by the Commission. The gross density of the entire
development remains approximately ,the same as fora conventional subdivision in the
same zoning district. The additional land gained by reduction of individual lots is
consolidated into common open space areas.
Temporary or Seasonal Use: `
A use which is principally, pgrmitted pr found to be functionally similar by the
Board of Appeals to the'zoning district therein that do'e's not exceed 2;500 square feet in
size, and occurs on the property for at least thirty (30) days but no Ipnger than six (6)
consecutive months per calendar year.
Temporary ResidentialSales Office:
A temporary, portable office structure that is for the sole purpose of on -site sales
of building lots and/or home construction and may be placed on a site for a period not to
exceed one (1) year. The structure must be certified per the State Industrialized Code
and handicap accessible per the Maryland Accessibility Code.
Text Amendment:
Any modification, change, addition, or amendment to the wording of the Zoning
Ordinance of Washington County, Maryland.
Tourism Entertainment Facility:
A facility for the traveling public designed to their amusement. This would include
such things as: amusement parks and water parks. Interpretive centers involved with
education and teaching would not fall into this category.
Trade and Technical Institutions:
An educational facility established for the training of students in specific job skills.
For example: electronic repair, the operation of machinery and cosmetology. Such
facility may not exceed thirty (30) acres where permitted by special exception.
Transitional or Sheltered Care Facility:
A facility, including half -way houses, providing 24 hr/day care of persons with
special needs, which provides food and shelter, and may also provide some combination
of personal care, transportation, physical, social, or psychological therapy and
counseling to assist persons in overcoming physical or emotional problems.
Td' v�_� a �-ej-T-rajIeA212
Travel Trailer Park:
A plot of ground designed for and having the required facilities for servicing travel
trailers and similar vehicles and campers.
Truck Stop:
A structure or land used or intended to be used primarily for the sale of fuel for
trucks and, usually long term truck parking, incidental service or repair of trucks,
overnight accommodations, or restaurant facilities open to serve:the general public; or a
group of facilities consisting of such a use and attendant eating, repair, sleeping or truck
parking facilities. As used In this definition, the term "trucks" does not include any vehicle
whose maximum gross weight is 1o,00'O, pounds or less, as rated by the State Motor
Vehicle Administration.
Truck Terminal:
A structure or land used or intended to be used,. primarily: (a) to accommodate
the transfer of goods or chattels from ,trucks or truck -trailers to other trucks or truck -
trailers or to vehicles or storage containers of other types, such as land -sea containers,
in order to facilitate 'he transportation of such goods or chattels; or (b) for parking or
storage of trucks, truck trailers, trailers, or in -transit mobile storage containers, such as
land -sea containers.
A truck terminal may include loading and unloading platforms, warehouse
facilities for temporary storage of goods in transit, reservoir parking for trucks and truck -
trailers waiting to be loaded or unloaded and related business offices.
Other uses such as truck fueling and repair facilities may be permitted as
accessory uses provided that said services are utilized only by those companies with
certification to operate from the truck terminal. As used in this definition, the terms
212 Revision 16, definition deleted 12/1/09; elf. 211/2010 (RZ-09-003/ORO.09.10)
359
"trucks" and "truck trailers" do not include any vehicle. whose maximum gross weight is
10,000 pounds or less, as rated by the State Motor Vehicle Administration.
Use:
Any purpose for which a building or structure or a tract of land may be designed,
arranged, intended, maintained, or occupied, or any activity, occupation, business, or
operation carried on, or intended to be carried on, in a building or other structure or on a
tract of land. The term "permitted use" or its equivalent shall not be deemed to include
any nonconforming use.
Resort:
A building or buildings containing guest rooms where, for compensation, lodging
and meals are provided, located on a lot at least seventy-five percent of the land area of
which shall be used to provide recreational facilities for the use of its guests. Such
recreational facilities may include a golf course, swimming pool, tennis courts, and may
include bridle paths,. hiking trails, and other similar or related facilities, but no outdoor
amusement devises other than normal playground equipment.
Variance:
A variance is a •relaxation of the terms of the Zoning Ordinance for distance or
dimensional requirements.
, Vehicles z13
1. Motor Vehicles: A self-propelled automotive vehicle, usually with
four wheels, and bko axels, designed and used for passenger
transportation whose maximum gross weight is 10,000 pounds or
less as rated by the State Motor Vehicle Administration. This
definition may include cars, station wagons, motorcycles, SUV's,
passenger vans, limousines, and trucks (not to include tractor
2. Tractor Trailer Velicles:.'A truck with'short-chassis (that has no
body) that is usually used in combination with a trailer far the
highway hauling of freight. Includes truck and trailer separate or
in combination.'
3. ' Commercial/Heavy Equipment Vehicles: Vehicles generally
involved in construction or deconstruction activities that may or
may not be rated to for travel on public roads. Examples of heavy
machinery may .include dump trucks, cement trucks grading
equipment such as bulldozers and backhoes, cranes, lifts, etc.,
and their associated transportation trailers, but not to include
"tandem trucks". "Tandem trucks" shall be considered the same
as tractor trailer vehicles.
4. Agricultural Vehicles: Vehicles associated with routine
agricultural, horticultural, or livestock raising operations including
213 Revision 16, definition added 12/1/09, eff. 211/2010 (RZ-09-003/oRD-09-10)
360
cultivation of land, harvesting of crops/products, trailers for
livestock transportation, and general hauling and pulling activities.
5. Recreational/Off-road Vehicles: Vehicles generally used
primarily for recreational purposes and are not permitted for use
on public roads as defined in Maryland State law. These types of
vehicles include but are not limited to: boats, snowmobiles, 3 and
4 wheel ATV's, .scooters, mopeds, motocross dirtbikes, and their
association transportation trailers.
6: Recreational Travel Vehicle: As used in this Zoning Ordinance,
a recreational travel vehicle is a transportation structure, self-
propelled or capable of being towed by a passenger car, station
wagon, or small pick-up truck; of such size and weight as not to
require any special highway movement permits, and primarily
designed or constructed to provide temporary, movable living
quarters for recreational, or camping, or travel use, or to carry
such equipment but not for profit nor commercial use. Included as
recreational vehicles, but not to the exclusion of any other types
not mentioned in this Section, are: trailers, travel trailers, trailer
coaches, camping trailers, motor homes, pick-up (slide -in)
campers,' chassis mounts,, converted vans, chopped vans, mini -
motor homes, 5th wheel trailers' of recreational Vehicle
construction, design and intent (as opposed to commercial 5th
wheel trailers); and truck caps.
A. Trailers, travel . trailers,, trailer coaches, and 5th
wheel trailers are defined as recreational vehicles
constructed.. with integral wheels, to make them
mobile and `intended'to be towed by passenger
cars, station wagons and/or light pick-up or panel
trucks and similar motor vehicles but not including
truck tractors of any type.
B. A camping trailer is a type of trailer or trailer 'coach,
the walls of which' are so constructed as to be
collapsible and made out of either canvas or'similar
cloth,, or. some form of rigid „meterial such as
fiberglass or plastic pr. metal. The walls are the
collapsed while, the recreational vehicle is being
towed, and are raised or unfolded when vehicle
becomes temporary living quarters and is not being
moved.
C. Pick-up (slide -in) campers and truck caps are
recreational structures designed to be mounted
temporarily or permanently in the beds, of light
trucks with the trucks having either, single or double
rear wheels and with or without an assisting, extra
tag axle and wheels mounted either on the camper
chassis or the truck chassis behind the truck's rear
wheels. These campers can be readily demounted
from the truck beds.
361
When removed from their respective truck
beds, pick-up. (slide -in) campers and truck
caps are called unmounted campers.
D. Chassis mounts, motor homes and mini -motor
homes are recreational structures constructed
integrally with a truck or motor -van chassis and
incapable of being separated therefrom. The truck
or motor -van chassis may have single or double
rear wheels.
E. Converted and chopped vans are recreational
structures which are created by altering or
changing an existing auto van to make it into a
recreational vehicle meeting the requirements of
Section 1 hereof.
Veterinary or Animal Hospital or Clinic:
Any building or portion of a. building which is regularly used for the treatment of
animals by a veterinary practitioner. See MD Code, Agricultural Article §2-304.1.
Warehouse:
A structure or part of a structure, for storing goods, wares, and merchandise,
whether for the owner br for others, and whether it is public or private.
Waste Management Plan:
The plan specific to an animal husbandry facility which shall define the means by
Which waste produced shall be stored, managed, handled, and applied to the soil,
pursuant to the guidelines found in the most current edition of the Agricultural Waste
Management Field Handbook, U.S. Department of Agriculture, Soil Conservation
Service.
Wholesale 214 The selling of merchandise to retailers; to industrial commercial,
institutional, or professional business users; to other wholesalers; or acting as agents or
brokers and buying merchandise for or selling merchandise to such individuals or
companies:
Wildlife Preserve:
,A parcel of land or portion thereof, in which game, fish, and other types of wildlife
and their habitat, are preserved and protected in a natural state, from harm, damage, or
danger from human predation.
214 Revision 16, definition added 1211/09, eff. 211/2010 (RZ-09.0031ORD-09-10)
362
Wind Energy System:215
Equipment that converts and stores or transfers• energy from the wind into
electricity or other usable forms of energy. This equipment includes any base, vane,
blade, foundation, generator, alternator, tower, transformer, tail, wire, inverter, batteries,
guy wire or other component used in the system.
Wind Energy System Rotor Diameter:216
the cross sectional dimension of the circle swept by the rotating blades.
Wind Energy System Total Height 297
The vertical distance from .ground level to the tip of a wind generator vane or
blade when the tip is at its highest point.
Wind Generator 216
Blades and associated mechanical and electrical conversion components
mounted on top of the tower.
Wind Tower:219
The monopole, freestanding, or guyed structure that supports a wind generator.
Winery,: Commercial:221
An establishment with facilities for manufacturing and, bottling wine for sale on -
site or through wholesale or retail outlets in accordance with a valid Class 3
manufacturing license from the State of Maryland. A commercial winery is a winery that
does not meet the definition of a Farm Winery. Accessory uses may include wine tasting
rooms at which wine tasting occurs, accessory food sales related to wine tasting, and
the sale of wine. produced on site. The area for wine tasting, accessory food sales
related to the wine tasting, and sales wine produced on -site shall not exceed 25 percent
of the area of the structures located at the and being used for manufacturing and
bottling.
Winery, Farm:221
• An establishment located on a farm with a producing vineyard, orchard, or similar
growing area which may have facilities for fermenting, processing, bottling, packaging,
215 Revision 16, definition added 6/16109 (RZ-09-0041ORD-09-04)
216 Revision 16, definition added 6116/09 (RZ•09-004/ORD-09-04)
217 Revision 16, definition added 6116/09 (RZ-09-004/oRD-09.04)
218 Revision 16, definition added 6116/09 (RZ-09-0041ORD-09.04)
219 Revision 16, definition added 6/16/09 (RZ-09-004/ORD-09-04)
220 Revision 17, definition added 4/23/13 (RZ-12.002/ORD-2013.13)
221 Revision 17, definition added 4123113 (RZ-12-002IORD-2013-13)
363
and storage of wine, sparkling wine and/or juice on the premises where the owner or
lessee manufactures wine and/or sparkling wine in accordance with a valid Class 4
manufacturing license from the State of Maryland. If the Farm Winery produces wine,
sparkling wine and/or juice on the premises, the Farm Winery must 'produce at least 2
acres of the agricultural products used in processing the wine, sparkling wine and/or
juice on -site at the Farm Winery. Accessory uses at the Farm Winery may include
tasting rooms at which wine tasting occurs, accessory food sales related to the wine
tasting, sales of novelty and gift items related to the wine and the vineyard, sales of
wines produced on -site, occasional promotional events related to the wine and the
vineyard, and guided tours. The area for wine tasting,, accessory food sales related to
the wine tasting, and sales of novelty and gift items related to the wine and the vineyard
shall not exceed 25 percent of the area of the structures located at the farm and being
used for the Farm Winery. A Farm Winery and its accessory uses shall be considered a
bona fide and normal agricultural activityand. an agricultural land management activity. A
Zoning Permit and Site Plan approval is not required for a Farm Winery that includes a
tasting room, accessory food sales related to the wine tasting, sales of novelty and gift
items related to the wine and the vineyard, sales of wines. produced on -site.
Notwithstanding the foregoing, a Farm Winery with a tasting room shall be required to
file with the County Division of Plan Review and Permitting evidence that the vehicular
access to the Farm Winery used by patrons satisfies the County`sight distance
requirements set forth in the County's "Policy for Determining Adequacy of Existing
Highways" if such vehicular access is onto a County public road.
Yard:
A required open space unoccupied and unobstructed by any structure or portion
of a structure from 30 inches above the general ground level'of the graded lot upward,
provided;, however, that fences apd walls may be permitted in any yard subject to height
limitations as indicated herein . This definition does not exclude built-in swimming pools
from the requirements of Section 24.2(a).
Yard Measurements222 223
• A. Front yard: Depth of required front yards shall be measured from
the edge of the prescribed, existing, or'dedicated future'rights of
way, at right angles to` a straight line joining the foremost points of
the side lot lines. The foremost points of the side lot lines, in the
case of rounded property corners at street intersections, shall be
assumed to be the point at which the side'and front lot lines would
have met without such rounding. With a panhandle lot, the front of
the shall be construed to be the portion of the body of the lot
• nearest a public street or public right-of-way, but hot from the line
where the "handle" meets with the public street or road.
B. Rear Yard: Depth of required rear yards shall-be'measured at
right angles to all rear lot lines joining the foremost points of the
222 Revision 15, Yard Measurements- D.- amended 9/19106 (RZ-06-007/ORD-06-09)
223 Revision 16, definition amended 8/4/89 (RZ-09.001/ORD-09-08)
364
side lot lines. In the case of through lot and reversed frontage
corner lots, there will be no rear yard. After establishing the front
yard on all street frontages, the remaining yards are measured as
side yards,
C. Side Yard: Width of required side yards shall be measured at right
angles to a straight line joining the ends of front and rear lot lines
on the same side of the lot. The inner side yard line of a required
side yard shall be parallel to the straight line so established.
Yard Types:224
A. Front yard: A yard extending across the frontage of the lot
between inner side yard lines.
B. Rear yard: A yard extending across the rear of the lot
between inner side yard lines.
C. Side yard: A yard extending from the rear line of the
required front yard to the rear lot line.
D. Buffer yard: A yard between any use and the property line
required for open space. A buffer yard is planted with grass
and other vegetation . as required pursuant to site plan
review and is maintained free of structures, storage of
materials, and parking of vehicles. Any proposed access
lane in the buffer yard shall be subject to Planning
Commission review and approval.
Zoning Permit:
A written statement issued by the Zoning Administrator authorizing buildings,
structures, or uses in accordance with the provisions of this Ordinance.
224 Revision 16, definition amended 814/09 (RZ-09.001/oRD-09-08)
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ARTICLE 29 -VALIDITY AND REPEAL
Section 29.1 Severability of Provisions
In case it be judicially determined that any word, phrase, clause, item, sentence,
paragraph or section of this Ordinance or the application thereof is declared invalid for
any reason whatsoever, such invalidity shall not affect the validity of the remaining
provisions of this Ordinance or of any section thereof. The Board of County
Commissioners of Washington County, Maryland, a body corporate and politic, hereby
declares that it would have adopted and passed the remaining parts of this Ordinance or
any Section thereof without the word, phrase, clause, items, sentence, paragraph, or
section, or the application thereof, so held invalid.
Approved and adopted this 23rd day of January, 1973, and
The effective date of this Zoning Ordinance shall be the 2nd day of April, 1973, at
12:01 A.M.
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