ARTICLE I, General Provisions 

§ 223-1. Purpose.

The purpose of this chapter is to:

 A. Promote the health, safety, morals, and the general welfare of the community, by regulating and restricting:

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

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

(3) The density of population;

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

(5) The location and use of buildings, structures, and land for trade, industry, residence, and other purposes; 

 B. Provide for adequate light and air;

 C. Prevent congestion and undue crowding of land;

 D. Secure safety from fire, panic, and other danger; and

 E. Conserve the value of property.

§ 223-2. Definitions.

[Amended 11/28/00 by Ord. No. 00-09; 04/04/01 by Ord. No. 01-03; 6/27/01 by Ord. No. 01-06; 09/17/01 by Ord. No. 01-11; 04/04/02 by Ord. No. 02-07; 08/29/06 by Ord. No. 06-11; 08/14/07 by Ord. No. 07-14; 05/06/08 by Ord. No. 08-02; 04/07/09 by Ord. No. 09-02]

In this chapter the following terms have the meanings indicated. Any words not defined herein shall have their generally accepted meaning.

ACCESSORY DWELLING UNIT -- An additional attached or detached dwelling unit on a lot with a principal dwelling unit. [Added 11/28/00 by Ord. No. 00-09]

ACCESSORY USE -- A use of land or all or part of a building which is customarily incidental and secondary to the principal use of the property and which is located on the same lot with the principal use.

ADULT ENTERTAINMENT BUSINESS -- An adult store or an adult movie theater. [Added 04/04/01 by Ord. No. 01-03]

ADULT MOVIE THEATER -- A business establishment open to the public, or to members, that maintains display devices for viewing on the premises, files, videos or other viewable material, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities. This does not include a motion-picture theater which has seating for at least 50 persons per screen. [Added 04/04/01 by Ord. No. 01-03]

ADULT STORE -- A business establishment open to the public, or to members, that offers for sale or rental any printed, recorded, photographed, filmed or otherwise viewable material, or any sexually oriented paraphernalia, if a substantial portion of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to sexual activities. The term does not include a motion-picture theater which has seating for at least 50 persons per screen.  [Added 04/04/01 by Ord. No. 01-03]

AGRICULTURAL OR AGRICULTURAL PURPOSES -- The raising of farm products for use or sale, including livestock or poultry husbandry, and the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers, and similar products of the soil, and including stables for boarding and training horses.

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

AIRPORT -- An area or tract of land including one or more airfields designed and intended to be used for and maintained as a facility to accommodate the takeoff and landing of aircraft and for receiving and discharging of passengers and/or cargo and that usually has facilities for the shelter and repair of aircraft.

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

APARTMENT -- An area within a two-family or multifamily dwelling arranged or designed as one dwelling unit.

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

ASSISTED-LIVING FACILITY -- A facility to provide housing and supportive services, supervision, personalized assistance, health-related services, or a combination thereof, that meets the needs of individuals who are unable to perform or who need assistance in performing the activities of daily living in a way that promotes optimum dignity and independence for the individuals. [Added 06/27/01 by Ord. No. 01-06]

ATTACHED ACCESSORY DWELLING -- A portion of a single-family dwelling that shall provide complete, independent living facilities for sleeping, eating, cooking and sanitation within the main dwelling unit, but which is separate from the main dwelling unit's cooking area, bathroom(s) and living areas. [Added 11/28/00 by Ord. No. 00-09]

AUTOMOBILE SERVICE CENTER -- Land and buildings in which any or all of the following are conducted: 

A. The retail sale and installation of motor vehicle parts, accessories, and lubricants, including but not limited to tires, batteries, mufflers, brakes, radiators, lights, ignition system parts, oil, grease, and coolants for automobiles, pickup trucks and similar passenger-type vehicles; and

B.  General automotive repair but excluding body repairs and vehicle painting or spray booths.

[Added 08/29/06 by Ord.No. 06-11] 

BED-AND-BREAKFAST -- Any owner-occupied, residential dwelling in which rooms are rented to paying guests on an overnight basis. [Amended 04/07/09 by Ord. No. 09-02]

BOARD -- The Board of Zoning Appeals.

BORROW PIT -- An area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance.

BUILDING -- An enclosed structure, anchored to a permanent foundation and having exterior or party walls and a roof designed for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.

BUILDING HEIGHT -- The vertical distance from grade plane to the height of the highest roof surface. [Amended 04/07/09 by Ord. No. 09-02]

BUILDING SUPPLIES -- Materials directly associated with building construction, including but not limited to lumber, hardware, hand tools, paint, prefabricated doors, windows, frames, roofing, and roofing supplies, plumbing, and electrical supplies.

BULK REQUIREMENTS -- The minimum dimensions relating to the size or volume of structures or uses, including lot area, lot width, and yard requirements. [Added 04/07/09 by Ord. No. 09-02]

BUSINESS PARK -- Two or more uses, as those uses are delineated and as regulated in the underlying zoning district on one or more lots or parcels, designed as a unit with a common development scheme, with special attention given to aesthetic considerations, lighting, landscaping, and open space, and primarily served by common accessories or amenities such as signs, parking, arcades, and walkways. [Added 08/14/07 by Ord. No. 07-14; amended 04/07/09 by Ord. No. 09-02]

CEMETERY -- A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination thereof.

COMMERCIAL CAMPING AREA -- Any tract of land not less than 5 acres which is designed, maintained, or intended for the purpose of supplying a location or accommodation for 2 or more tents, recreational vehicles, or other camping vehicles as sleeping quarters for persons engaged in recreational or vacation activities, except where the facilities are maintained for private use of the land owner. [Amended 04/07/09 by Ord. No. 09-02]

COMMERCIAL PARKING LOT OR GARAGE -- A lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of motor vehicles for consideration, but not including service or repair facilities, vehicles sales, or storage of dismantled or wrecked motor vehicles, parts thereof, junk, or storage of recreational or commercial vehicles. [Amended 04/07/09 by Ord. No. 09-02]

COMMISSION -- The Carroll County Planning and Zoning Commission.

COMMUNICATIONS TOWER -- A structure to support radio, cellular telephone and television transmission antennas; microwave relay towers; monopoles; and similar structures for transmission or reception and retransmission of electronic signals.  "Communications tower" includes accessory equipment buildings that do not have office space.  "Communications tower" does not include amateur radio operator antennas which are accessory to a residential use and television antennas which are accessory to a residential use.

A. A "freestanding tower" stands without support of guy wires or cables.

B. A "guyed tower" depends upon a pattern of supporting cables for its stability.

COMMUNICATIONS TOWER COMPLEX:

A. Any single parcel of land on which are situated or proposed to be situated 2 or more communications towers; or

B. More than one tower being used for a common purpose or enterprise and located on contiguous parcels.

CONDITIONAL USES -- Uses which are specified for Board approval prior to authorization and which uses, after public hearing, may be approved conditionally or disapproved in accordance with §§ 223-186 and 223-191. The term "conditional use" shall constitute the same meaning as "special exception" specified as one of the general powers of the Board of Zoning Appeals in accordance with Article 66B of the Annotated Code of Maryland.

CONTIGUOUS -- The sharing of a common property line other than a corner, except where otherwise provided in this chapter. [Added 04/04/02 by Ord. No. 02-07]

CONTINUING CARE RETIREMENT COMMUNITY (CCRC) -- A building or group of buildings providing a continuity of residential occupancy and health care for elderly persons. This facility includes dwelling units for independent living, assisted-living facilities, plus a skilled nursing care facility of a suitable size to provide treatment or care of the residents; it may include ancillary facilities for the further employment, service or care of the residents. The facility is restricted to persons 55 years of age or older or couples where either occupant is 55 years of age or older. [Added 06/27/01 by Ord. No. 01-06; amended 04/07/09 by Ord. No. 09-02]

CONTRACTOR -- A person or entity engaged in the following or similar:  carpentry, cleaning, construction, electrical, excavation, exterminating, heating/air conditioning, home improvement, landscaping, masonry, painting, paving, plumbing, roofing, septic system, snow removal, and well drilling. [Added 04/07/09 by Ord. No. 09-02]

CONTRACTOR'S EQUIPMENT STORAGE -- The use of any space, whether inside or outside a building, for the storage or keeping of contractor's equipment or machinery, including building materials storage, construction equipment storage or landscaping equipment and associated materials. [Amended 04/07/09 by Ord. No. 09-02]

COTTAGE INDUSTRY -- Manufacturing or assembly conducted by a member or members of the family residing on the property with no more than 2 nonresident employees. The use is not a cottage industry if it generates traffic, parking, sewerage, or water use to a greater extent than would normally result from residential occupancy; includes inventory or merchandise kept for sale on the premises; changes the external appearance of the dwelling and is visible from the street; includes any outside storage or display, other than a sign not exceeding one foot by 2 feet; and creates a hazard to any person or property; results in electrical interference, or becomes a nuisance. [Amended 04/07/09 by Ord. No. 09-02]

COUNTRY CLUB -- A private club which offers recreational facilities, such as swimming, golf, or tennis, to its members and guests and may provide dining facilities or host catered events. [Added 04/07/09 by Ord. No. 09-02] 

COUNTRY INN -- Any dwelling in which rooms are rented to paying guests on an overnight basis with meals served daily.  A country inn may also provide catering and facilities for banquets, weddings, receptions, reunions, and similar one-time events which are not open to the public generally. [Amended 04/07/09 by Ord. No. 09-02]

CURTILAGE -- Buildings and areas in close proximity to a dwelling which are habitually used for residential purposes.

CUSTOM -- A service or retail establishment which has no more than 5 full-time equivalent employees, providing special orders to the specifications of an individual purchaser with artisan fabrication quality. [Added 04/07/09 by Ord. No. 09-02]

DAY-CARE CENTER -- A facility licensed for the care of more than 8 children or adults away from their own homes, on a daily rather than an overnight basis.

DECLARATORY RULING -- An opinion by the Zoning Administrator as to a matter of general interpretation of a provision in the Zoning Ordinance. A declaratory ruling is intended to give guidance to facilitate uniform interpretation of an ambiguous provision in the Zoning Ordinance and is not to be construed as binding in any fact-specific case. [Added 09/17/01 by Ord. No. 01-11]

DETACHED ACCESSORY DWELLING -- A dwelling unit (excluding mobile homes) on the same lot as the primary dwelling unit, but physically separated from the primary dwelling unit. A detached accessory dwelling unit shall provide complete, independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking and sanitation. [Added 11/28/00 by Ord. No. 00-09]

DEVELOPMENT RIGHT -- The potential for the creation of residential subdivision lots existing because of the zoning classification of the parcel.

DISASTER -- A sudden calamitous event bringing great damage or destruction such as fire, windstorm, flood, explosion, act of public enemy or accident, which event results in a home being declared unsafe for occupancy by the Code Official, as Code Official is defined in the Carroll County Building Code, or an unforeseen condition which renders a home unfit for human habitation for medically documented reasons due to the presence of contaminants which endanger the health of humans.

DISPLAY DEVICE -- An electronically or mechanically controlled still or motion-picture machine, film projector, videotape player or other image-producing device that may be activated directly or indirectly by viewers or at the request of viewers for which a fee is charged. [Added 06/27/01 by Ord. No. 01-06]

DWELLING -- Any building arranged, designed, or used in whole or in part for residential purposes, but not including a tent, cabin, trailer, or mobile home, or a room in a hotel or motel.

 A. DWELLING, SINGLE-FAMILY -- A detached building designed for or used exclusively for residential purposes by residents as a single dwelling unit.

 B. DWELLING, TWO-FAMILY -- A detached building with one dwelling unit above the other (duplex) or 2 semidetached dwelling units located on abutting lots or on the same lot, separated by a party wall without openings, in either case for or used exclusively for residential purposes, but not more than a total of 2 families or 2 housekeeping units.

 C. DWELLING, MULTIFAMILY -- A detached building or a group of attached buildings, designed for or used exclusively for residential purposes by more than 2 families or more than 2 housekeeping units.

DWELLING UNIT -- A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, eating, and sanitation.

EXTRACTIVE OPERATIONS:

 A. The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals; or

 B. Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location; or

 C. The extraction of sand, gravel, rock, stone, earth, for highway construction purposes or other public facilities.

FAMILY DAY CARE -- Care provided for not more than 8 children, in the provider's residence, on a daily basis rather than an overnight basis. [Amended 04/07/09 by Ord. No. 09-02]

FLOOR AREA -- The total area of all floors within a building, measured from center lines of joint partitions and/or exteriors of outside walls.

FUEL STATION -- Any area of land, including buildings and other structures thereon that are used to dispense motor vehicle fuels, oil, and accessories at retail, and no storage or parking space is offered for rent.  Mechanical maintenance or repair is prohibited. [Amended 04/07/09 by Ord. No. 09-02]

GAME MACHINES -- Includes, but is not limited to, video games, electronic novelty games, electro-mechanical and electronic target games, driving games, pinball machines, and other similar devices and machines.

GARAGE, RESIDENTIAL -- An accessory building, portion of a main building, or building attached thereto, used for the storage of private motor vehicles. [Amended 04/07/09 by Ord. No. 09-02]

GRADE PLANE -- A reference plane representing the average of finished ground level adjoining the building at exterior walls.  Where the finished ground level slopes away from the exterior walls, the reference plane is established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building. [Added 04/07/09 by Ord. No. 09-02]

HEALTH DEPARTMENT -- The Maryland State Department of Health and Mental Hygiene or Carroll County Health Department as applicable. [Amended 04/07/09 by Ord. No. 09-02]

HELIPORT -- An area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters.

HOME OCCUPATION -- Any use of a dwelling, conducted solely by a resident, or use of any accessory building which is incidental or subordinate to the main use of the principal building for dwelling purposes, provided that the use:

 A. Utilizes space equal to not more than 500 square feet;

 B. Does not generate vehicular parking or nonresidential traffic to a greater extent than would normally result from residential occupancy;

 C. Does not involve retail sales from the premises; [Amended 04/07/09 by Ord. No. 09-02]

 D. Involves no evidence from the outside of the dwelling to indicate it is being used for anything other than residential purposes, other than a sign not exceeding 3 square feet; and [Amended 04/07/09 by Ord. No. 09-02]

 E. May involve mail order or internet based sales provided no customers come to the dwelling. [Added 04/07/09 by Ord. No. 09-02]

HOSPITAL -- An institution which is licensed by the state and which receives inpatients or outpatients and provides medical, surgical, psychiatric or obstetrical care. This term includes any health related facilities which are established in connection with a hospital and are located on the same site as the hospital. Such health related facilities shall include, but not be limited to, diagnostic facilities, rehabilitation centers, laboratories, training facilities, outpatient care facilities, facilities for chronic or convalescent care and elderly housing facilities. [Added 04/07/09 by Ord. No. 09-02]  

INDUSTRIALIZED BUILDING -- A building assembly or system of building subassemblies manufactured in its entirety, or in substantial part, off site and transported to the point of use for installation or erection, with or without other specified components, such as a finished building or as part of a finished building comprising 2 or more industrialized building units. An industrialized building need not have electrical, plumbing, heating, ventilation, insulation, or other service systems, but when such systems are installed at the off-site manufacture or assembly point they shall be deemed a part of such building assembly or system of building assemblies. Industrialized building does not include open frame construction which can be completely inspected on site.

JUNKYARD -- Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled, handled, or abandoned, including the salvaging, storage, or wrecking of automobiles and other vehicles, machinery, or parts thereof, house wrecking yards, used lumberyards, and places for storage of salvaged building or structural steel materials and equipment, but not including a scrap pile kept on a farm for the purpose of providing spare parts and repair material.

KENNEL, COMMERCIAL -- Property which is used or designed for the boarding (daily or overnight), breeding, training, or sale of more than 3 dogs or other canines. [Amended 04/07/09 by Ord. No. 09-02]

KENNEL, PRIVATE -- In conjunction with a residence, the keeping as personal pets of more than 3 dogs which have permanent canine teeth. [Added 04/07/09 by Ord. No. 09-02]

LOT -- A piece or parcel of land occupied or intended to be occupied by a principal building and its accessory buildings and uses, and meeting the minimum size requirements set forth in this chapter.

 A. CORNER LOT -- A lot abutting 2 or more existing or planned publicly maintained streets at their intersection. [Amended 04/07/09 by Ord. No. 09-02]

 B. LOT FRONTAGE -- The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining lot frontage on a lot served by a use-in-common driveway, the line of the use-in-common driveway may be considered the front.

 C. LOT WIDTH -- The horizontal distance between side lot lines measured at the midpoints of the side lot lines.

MASSAGE -- Any method of treating the external parts of the human body, for compensation, by touching, rubbing, stroking, kneading, tapping or vibrating with the hand, arm, foot or other body part, provided by a massage technician. [Added 04/04/01 by Ord. No. 01-03]

MASSAGE ESTABLISHMENT -- Any establishment where a massage technician administers a massage to another person for compensation. This does not include a hospital, nursing home, medical clinic or other establishment where massages are administered by individuals certified as massage therapists as defined by § 3-5A-01 of the Health Occupations Article of the Annotated Code of Maryland. [Added 04/04/01 by Ord. No. 01-03]

MASSAGE TECHNICIAN -- An individual who administers a massage to another individual for compensation. This does not include:

 A. A certified massage therapist as defined by § 3-5A-01 of the Health Occupations Article of the Annotated Code of Maryland; or

 B. A medical practitioner as defined by this chapter.

[Added 04/04/01 by Ord. No. 01-03]

MASTER PLAN -- The policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in text and maps which constitute the guide for the County's future development.

MEDICAL CENTER -- A medical or dental clinic building occupied by medical practitioners and dispensing health services.

METEROLOGICAL TOWER (Met Tower) -- Defined to include the tower, base plate, anchors, guy wires and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.  [Added 05/06/08 by Ord. No. 08-02]

MEDICAL CLINIC -- A medical or dental clinic building occupied by medical practitioners and dispensing health services. [Amended 04/7/09 by Ord. No. 09-02]

MEDICAL PRACTITIONER -- A physician, dentist, optometrist, chiropractor, podiatrist, psychologist, physical therapist, nurse, massage therapist or other similar health professional licensed and/or certified by the state. [Added 04/04/01 by Ord. No. 01-03]

MINERAL RESOURCE -- Any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including (but not limited to) clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell soil, and stone.

MINERAL RESOURCE NOTIFICATION AREA (MRN) -- An area which is within ½ mile of an MR or a VRA and in which notification of property owners and clustering away from the mineral resource are required.

MINERAL RESOURCE RECOVERY AREA (MR) -- An area which is underlain by a mineral resource and under which mineral resource recovery is a principal permitted use.

MINERAL RESOURCE RECOVERY OPERATION -- An operation composed of extractive operations and/or processing operations. [Amended 04/07/09 by Ord. No. 09-02]

MINI STORAGE -- A structure containing multiple, separate, self-contained storage units, that are leased or rented on an individual or collective basis.

MOBILE HOME -- A structure, transportable in one or more sections, and which is built on a permanent chassis with or without a permanent foundation and which is designed to be used or is used as a dwelling, or is used for the conduct of any business or for storage.

MOBILE HOME PARK -- Any site, lot, parcel, or tract of land which is designed, used or intended to accommodate 3 or more mobile homes for living purposes.

MODULAR HOUSING -- See "industrialized building."

NONCONFORMING USE -- Any building, structure, premises, or use lawfully existing at the time of the adoption of this chapter or lawfully existing at such time as this chapter is amended; and which does not conform with the use regulations of the zone in which it is located.

NUDITY -- The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; or the showing of the covered male genitals in a discernibly turgid state. [Added 04/04/01 by Ord. No. 01-03]

NURSING HOME -- A residential health-care facility which provides institutional lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm or convalescent patients who are not related to the owner or administrator of the facility. [Amended 06/27/01 by Ord. No. 01-06]

OPEN SPACE -- Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Yards on individual lots are not open space.

OVERLAY -- Zoning requirements that are described in the chapter's text, are mapped, and are imposed in addition to those of the underlying district or districts.

OUTSIDE STORAGE -- The keeping of inventory, goods, merchandise, and packaging materials not within an enclosed building.  [Added 04/07/09 by Ord. No. 09-02]   

PARTIALLY NUDE or IN A PARTIAL NUDE CONDITION -- The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part. [Added 04/04/01 by Ord. No. 01-03]

PAVED SURFACE -- A durable wearing surface of concrete, bituminous concrete, or other surface of suitable material and texture which:

 A. Provides a smooth driving surface.

 B. Resists weathering.

 C. Transmits traffic load to the underlying ground.

PETROLEUM PRODUCTS STORAGE -- The bulk storage of more than 2,000 gallons of a petroleum product in tanks either above or below ground. This definition does not restrict the storage of less than 2,000 gallons as an accessory use to an approved principal permitted or conditional use and which is not sold at retail or wholesale. [Added 04/07/09 by Ord. No. 09-02]

PLANNED BUSINESS CENTER -- Three or more retail stores or service establishments designed as a unit and primarily served by common accessories such as signs, parking lots, arcades, and walkways.

PRINCIPAL USE -- The primary activity or structure for which a site is used. A principal use may be either a permitted use, a conditional use, or a legally existing nonconforming use.

PROCESSING OPERATIONS -- The crushing, polishing, washing, screening, and customer truck loading of extracted minerals.

PUBLICLY OWNED WASTEWATER TREATMENT PLANT -- A facility designed and constructed to receive, treat, and store sewage or sewage combined with other waterborne waste and which is owned by the state, or a political subdivision or municipal corporation of this state or owned by another public entity incorporated for the purpose of treating sewage under § 9-601 et seq. of the Environment Article, or similar statute, if determined similar by the Board of County Commissioners.

RECREATIONAL VEHICLE -- A vehicular-type portable structure without permanent foundation, which can be towed, hauled, or driven and primarily designed as temporary living accommodation for recreational, camping, and travel use, including but not limited to travel trailers, truck campers, camping trailers, and self-propelled motor homes.

RELIGIOUS ESTABLISHMENTS -- Churches and other places of worship. [Added 04/07/09 by Ord. No. 09-02]

REMAINDER -- That portion of a tract remaining after one or all eligible off-conveyances have been created. [Added 04/04/02 by Ord. No. 02-07]

REMAINING PORTION -- In the agricultural district, the land remaining after residential subdivision lots have been created from a legally established parcel of land through the subdivision process. [Added 04/04/02 by Ord. No. 02-07; amended 04/07/09 by Ord. No. 09-02] 

RESIDENTIAL USES -- Any single family, two-family, semi-detached, multi-family, boarding houses, assisted living, retirement communities, continuum care, and nursing homes. [Added 04/07/09 by Ord. No. 09-02]

RESULTING LAND -- The land derived from the reduction of lot sizes when clustering pursuant to Chapter 103, which shall constitute a single lot. [Added 04/04/02 by Ord. No. 02-07; amended 04/07/09 by Ord. No. 09-02]

RETIREMENT HOME -- A development consisting of one or more buildings designed to meet the needs of, and exclusively for, the residences of senior citizens, or age-restricted adult housing as referenced in Chapter 103. [Amended 04/07/09 by Ord. No. 09-02]

RETREAT or CONFERENCE CENTER -- A facility used for professional, educational, or religious conclaves, meetings, conferences, or seminars and which may provide meals, housing, and recreation for participants during the period of the retreat or program only. Such centers may not be utilized by the general public for meals or overnight accommodations. Housing for participants may be in lodges, dormitories, sleeping cabins (with or without baths), or in such other temporary quarters as may be approved by the Board, but kitchen and dining facilities shall be located in a single centrally located building or buildings.

RIDING ACADEMY -- An establishment where horses and ponies are boarded and cared for; where instruction in riding, jumping, and showing may be offered; or where the general public, for a fee, may hire horses for riding.

ROTOR DIAMETER -- Means the cross sectional dimension of the circle swept by the rotating blades. [Added 05/06/08 by Ord. No. 08-02]

SANITARY LANDFILL -- Any premises used primarily for the disposal of garbage, or any refuse, by dumping, reduction, incineration, or burial.

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

SETBACK LINE -- That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

SEWAGE SLUDGE -- The accumulated semiliquid suspension, settled solids, or dried residue of these solids that is deposited from sewage in a wastewater treatment plant, whether or not these solids have undergone treatment.

SEWAGE SLUDGE STORAGE -- The interim containment of sewage sludge, treated sewage sludge, or any other product containing these materials after removal from the wastewater and before disposal or utilization. It does not mean the storage of sewage sludge generated on site incidental to the operation and as part of a permitted and duly licensed wastewater treatment plant.

SEXUAL ACTIVITIES -- Includes nudity or partial nudity, as defined herein, and sexual conduct, sexual excitement or sadomasochistic abuse, as defined in Title 11 of the Criminal Law Article of the Annotated Code. [Added 04/04/01 by Ord. No. 01-03; amended 04/07/09 by Ord. No. 09-02]

SIGNS -- A name, identification, description, display, logo, illustration, or device which is affixed, stationed, or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution, or business.

 A. SIGN, ON PREMISES -- A sign which directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where the sign is located.

 B. SIGN, OUTDOOR ADVERTISING -- A sign structure which directs attention to a business, commodity, service, or entertainment not necessarily conducted, sold, or offered upon the premises where such sign is located.

SMALL WIND ENERGY SYSTEM -- 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 150 feet or less. [Added 05/06/08 by Ord. No. 08-02]

SPECIAL EVENT -- A grand opening, anniversary, holiday sale or other similar unique occasion of limited duration as determined by the Zoning Administrator. [Added 04/07/09 by Ord. No. 09-02]

STABLE, BOARDING -- A structure in which more than 2 horses or ponies are housed, boarded, or kept for consideration.

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

STABLE, PRIVATE -- An accessory structure designed for the shelter, feeding, and care of no more than 5 horses, ponies, cattle, sheep, goats, or other ruminants, maintained on the property as pets or for domestic use, as distinguished from agricultural or commercial stables. [Amended 04/07/09 by Ord. No. 09-02] 

STORAGE LOT -- A lot or portion thereof other than an automobile sales lot held out or used for the storage or parking of boats, trailers, recreational, motor vehicles, or commercial vehicles for consideration. [Added 04/07/09 by Ord. No. 09-02]

STORAGE MODULE -- A self-contained storage unit which can only be delivered to the site in one piece and which has no chassis.

STORAGE OF UNLICENSED MOTOR VEHICLES -- Any property occupied by an unlicensed vehicle. For the purpose of this section, a vehicle shall mean a vehicle of a type which would be subject to the licensing requirements of the Motor Vehicle Administration if operated on a public road. "License" and "licensing" as used in this definition shall also be interpreted to mean "registration" as defined in the Transportation Article.

STORY -- That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it.

STREET -- Any street existing or which may be approved by the Commission. The word "street" may also include road, highway, boulevard, avenue, lane, way, circle, court, or drive.

STRIPTEASE BUSINESS -- A commercial establishment where persons appear in a state of total or partial nudity in person. Such establishment shall, for example, include, but not be limited to, a restaurant, nightclub, dance club or social hall if such entertainment is provided as an accessory or principal use. For the purpose of this definition, an establishment which is duly licensed by the Board of License Commissioners for Carroll County and which features striptease dancing, nudity or partial nudity as an accessory use shall not be considered a striptease establishment, except that it shall satisfy the setback limitation established for a striptease business. [Added 04/04/01 by Ord. No. 01-03]

STRUCTURE -- Anything constructed, the use of which requires fixed location on the ground or which is attached to something having such location, but not including fences, power, gas, water, sewage, or communication lines or poles, towers, or pole structures, sidewalks, driveways, or curbs. A utility shed is a structure whether or not it has a fixed location.

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

SUBSTANTIAL PORTION: [Added 04/04/01 by Ord. No. 01-03]

A. At least 20% of the stock in the establishment or on display consists of matters or houses devices depicting, describing or relating to sexual activities; or

B. At least 20% of the usable floor area is used for the display or storage of matters or devices depicting, describing or relating to sexual activities.

TEMPORARY SIGN -- Any sign, banner, pennant, or other advertising display constructed of cloth, canvas, light fabric, cardboard, plywood, wallboard, or other light materials, with or without frames, that is or that is intended to be displayed for a limited period of time.

TEMPORARY/SEASONAL USES -- Uses which are seasonal and require prior approval of the Zoning Administrator and shall not consist of any permanent structure(s) and shall be limited in duration. [Added 04/07/09 by Ord. No. 09-02]

TEMPORARY USE -- Any use which has been authorized under the provision of this chapter which is limited as to the time in which such use may legally continue.

TOTAL HEIGHT -- Means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point. [Added 05/06/08 by Ord. No. 08-02]

TOWNHOUSE -- One of a group of multifamily dwelling units in the same structure, each of which units is separated by a party wall from any adjacent unit and each of which dwelling units has its own entrance directly from the outside.

USABLE FLOOR AREA -- That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Floor area which is used or intended to be used principally for the storage or processing of merchandise, for hallways, stairwells, utilities, bathrooms, or closets shall be excluded from the computation of usable floor area. [Added 04/07/09 by Ord. No. 09-02]

VARIANCE -- A variance is a relaxation of the terms of this chapter in accordance with §§ 223-176, 223-178, and 223-186 where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the results of the actions of the applicant, a literal enforcement of the chapter would result in practical difficulty or unreasonable hardship.

VEHICLE REPAIR SHOP -- Land or buildings where motor vehicles, trailers, or other types of equipment are repaired, stored, or equipped for operation including automotive repairs, body repairs, vehicle painting or spray booths, but not including wrecking, sale, or storage of junked vehicles. [Amended 08/29/06 by Ord. No. 06-11]

VEHICLE SALES LOT -- Any property arranged, designed, or used for storage and display of motor vehicles for sale, including but not limited to automobiles, trucks, trailers, motorcycles, ATVs, boats, and snowmobiles, and where repair work is limited to minor incidental repair of vehicles displayed for sale on the premises. [Amended 08/29/06 by Ord. No. 06-11]

VIABLE RESOURCE AREA (VRA) -- An area identified as being underlain by a potentially recoverable mineral resource.

WAREHOUSE -- A building or part of a building used or intended to be used primarily for the storage of goods or chattels that are to be sold at retail or wholesale from other premises or sold wholesale from the same premises; for the storage of goods or chattels to be shipped on mail order; for the storage of equipment or materials to be used or installed at other premises by the owner or operator of the warehouse; or for similar storage purposes. The term "warehouse" does not include a retail establishment whose primary purpose is for the sale of goods or chattels stored on the premises; however, nothing in this definition is meant to exclude purely incidental retail sales in warehouses. Further, the term does not include a trucking facility, at which any storage is minor, transitory and merely incidental to the purpose of facilitating transportation of goods or chattels. [Added 04/07/09 by Ord. No. 09-02]

WIND ENERGY SYSTEM -- Means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.  This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, guy wire or other component used in the system. [Added 05/06/08 by Ord. No. 08-02]

WIND ENERGY SYSTEM OWNER -- Shall mean the individual that owns, or intends to own, the property upon which a Small Wind Energy System will be operated in accordance with this Chapter.  [Added 05/06/08 by Ord. No. 08-02]

WIND GENERATOR -- Means blades and associated mechanical and electrical conversion components mounted on top of the tower. [Added 05/06/08 by Ord. No. 08-02]

WIND TOWER -- Means the monopole, freestanding, or guyed structure that supports a wind generator.  [Added 05/06/08 by Ord. No. 08-02]

YARD -- An open area on the same lot with a principal building(s) which lies between such building(s) and the lot line and is open and unoccupied from the ground up.

 A. FRONT YARD -- A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the principal building. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as required herein, except that not more than one rear yard shall be required.

 B. REAR YARD -- A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the principal building.

 C. SIDE YARD -- A yard between the side line of the lot and the nearest line of the principal building and extending from the front yard to the rear yard.

ZONING CERTIFICATE -- A written statement issued by the Zoning Administrator, authorizing buildings, structures, or uses in accordance with the provisions of this chapter.

§ 223-3. Effective date; application within County. 

This chapter shall take effect on the 17th day of August 1965, and shall apply to all lands, buildings, properties, and their uses within the territorial limits of Carroll County outside of incorporated towns or municipalities therein.

ARTICLE II, Districts Established; Maps and Boundaries

§ 223-4. Districts established.

[Amended 01/30/03 by Ord. No. 03-04; 04/01/04 by Ord. No. 04-02; 06/02/06 by Ord. No. 06-08]

For the purpose of these regulations, the unincorporated area of Carroll County is hereby divided into districts as follows:

C	Conservation District
A	Agricultural District
R-40,000	Residence District
R-20,000	Residence, Suburban District
R-10,000	Residence, Urban District
R-7,500	Residence, Multifamily District
B-NR	Neighborhood Retail Business District
B-G	General Business District
I-R	Restricted Industrial District
I-G	General Industrial District
H	Heritage Zoning District
HDO	Historic District Overlay
MHP	Mobile Home Park District
EC	Employment Campus District
MRO	Mineral Resource Overlay District

§ 223-5. District maps.

The districts shall be of the number, size, and shape as shown on the Zoning Maps of Carroll County, and said maps with the necessary symbols, legends, and explanatory matter thereon, are hereby made and declared to be a part of this chapter. As evidence of the authenticity of said maps, they shall be signed by the Board of County Commissioners of Carroll County upon the adoption of these regulations.

§ 223-6. 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 center lines of streets, highways, or alleys shall be construed to follow such center lines.

 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 center line.

 F. Boundaries which are in unsubdivided property or where a district boundary divides a lot shall be determined by the use of the map scale as shown thereon.

 G. Where a district boundary line as shown on the Zoning Map or Maps divides a lot which was in single ownership and of record at the time of enactment of this chapter the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this chapter shall be considered as extending to the entire lot, provided that the more restricted portion of such lot is entirely within 50 feet of said dividing district boundary line. The use so extended shall be deemed to be conforming.

ARTICLE III, General Regulations 

§ 223-7. Minimum regulations; uniform application.

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

§ 223-8. Compliance required.

Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, or altered except in conformity with the regulations herein specified for the district in which it is located.

§ 223-8.1. Deferrals.

[Added 06/05/03 by Ord. No. 03-09]

The submittal, acceptance, review, processing, application for, approval, or decision of any pending map amendment, plan, zoning certificate, building permit, text amendment, development plan, subdivision plan, site plan, conditional use, variance, rezoning or other amendments or actions under this chapter may be temporarily postponed or deferred by ordinance approved by the County Commissioners, when in the discretion of the Commissioners, the deferral of any such plan amendment or planning study or community investment plan or project or amendment thereto may promote orderly zoning, planning, and subdivision within the County and the outcome of which amendment, study, program, or project may substantially affect applications under consideration or which may be submitted.

§ 223-9. Nonconforming uses. 

[Amended 09/17/01 by Ord. No. 01-11; 04/07/09 by Ord. No. 09-02]

Any building, structure, or premises lawfully existing at the time of the adoption of this chapter, or lawfully existing at the time this chapter is amended, may continue to be used even though such building, structure or premises does not conform to use or dimensional regulations of the zoning district in which it is located; subject, however, to the following provisions:

 A. Extension, expansion, or alteration of nonconforming use.  The Zoning Administrator may, subject to Article XXVI and § 103-19, authorize the extension or expansion of a nonconforming use or the alteration of a nonconforming structure, with or without conditions, provided:

(1) That any changes or additions to the activities taking place in connection with the nonconforming use will not change the use in any substantial way;

§ 223-27. Staff housing for group homes.

[Amended 04/07/09 by Ord. No. 09-02]

Within a dwelling used a group home, a separate living quarters for staff may be established as an accessory use.

§ 223-28. (Reserved)

[Transferred to Chapter 103 effective 04/22/04 by Ord.  No. 04-15.  See § 103-19.]

§ 223-29. Temporary real estate sales office.

A temporary real estate sales office for the sale of lots in the subdivision where it is located is authorized to be used in any zone under the following conditions:

 A. The office shall be located on a lot approved for that purpose by the Zoning Administrator, in an approved and recorded subdivision that comprises 8 or more lots;

 B. The sales office is housed in a modular office unit that has been approved by the state;

 C. The use shall not continue if there are fewer than 3 lots remaining to be sold in the recorded subdivision; nor shall the use continue for more than 2 years without the approval of the Zoning Administrator;

 D. The use shall not be established until a plan that includes landscaping has been approved by the Zoning Administrator;

 E. Structures approved under this section are subject to the yard requirements for dwellings in the zoning district in which the lot is located; and

 F. In subdivisions that have multiple builders or developers there may be one sales office for each builder or developer who has a right through ownership or contract to develop 8 or more lots at the time the builder or developer seeks to locate a temporary sales office on the site.

§ 223-30. Communications towers.

§ 223-30.1. Rental of certain dwelling units.

[Added 11/28/00 by Ord. No. 00-9; amended 04/07/09 by Ord. No. 09-02]  

§ 223-30.2. (Reserved)

[Transferred to Chapter 103 effective 04/22/04 by Ord, No. 04-15.  See § 103-8.]

§ 223-30.3. Outdoor parking of commercial vehicles on residential property.

[Added 09/17/01 by Ord. No. 01-11] 

 A. For the purposes of this section, "commercial vehicle" shall mean a motorized vehicle of 10,000 pounds or more gross vehicle weight or capability, a trailer capable of gross vehicle weight of 10,000 pounds or more or a trailer which may be used for commercial purposes. Motor homes, recreational vehicles and school buses owned or operated by the resident shall not be deemed commercial vehicles under this section.

 B. Parking of one commercial vehicle shall be permitted as an accessory use to a single-family dwelling residential use upon a lot of one acre or less subject to the following requirements:

(1) The commercial vehicle must be actively used by a full-time resident of the single-family dwelling; and

(2) The commercial vehicle shall be parked completely within the boundary lines of the lot on which the single-family dwelling exists; and

(3) The commercial vehicle shall not be parked in a way which blocks adequate sight distance for persons entering or exiting any public or private road and shall not be parked closer than 15 feet to the limit of a public right-of-way.

 C. Parking of no more than 2 commercial vehicles shall be permitted as an accessory use to a residential use upon a lot greater than one acre subject to the following requirements:

(1) The commercial vehicles must be actively used by a full-time resident of the dwelling; and

(2) The commercial vehicles shall be parked completely within the boundary lines of the lot on which the residential use exists; and

(3) The commercial vehicles shall not be parked in a way which blocks adequate sight distance for persons entering or exiting any public or private road and shall not be parked closer than 15 feet to the limit of a public right-of-way.

 D. Outside the R Residential zones, parking of no more than 5 commercial vehicles shall be allowed as an accessory use to a residential use upon lots of 10 acres or more subject to the following requirements:

(1) The commercial vehicles must be actively used or owned by a full-time resident of the dwelling; and 

(2) The commercial vehicles shall be parked completely within the boundary lines of the lot on which the residential use exists; and

(3) The commercial vehicles shall not be parked in a way that blocks adequate sight distance for persons entering or exiting any public or private road and shall be parked no closer than 15 feet to the limit of a public right-of-way; and

(4) No more than 2 of the commercial vehicles shall be visible from the nearest public road or visible from the first floor of a residence on any adjoining property.

 E. Parking and storage of vehicles in any building is not intended to be limited by this section.

§ 223-30.4. Outdoor storage of unlicensed vehicles.

[Added 09/17/01 by Ord. No. 01-11]

 A. For the purposes of this section, an "unlicensed vehicle" shall mean a vehicle previously licensed or required to be licensed to operate upon the public roads in this state, excluding mobile homes.

 B. One unlicensed vehicle shall be permitted as an accessory use to a residential dwelling upon a lot of 3 acres or less.

 C. No more than 2 unlicensed vehicles shall be permitted as an accessory use to a residential dwelling upon a lot greater than 3 acres and less than 20 acres.

 D. No more than 4 unlicensed vehicles shall be permitted as an accessory use to a residential dwelling upon lots of 20 acres or more, provided no more than 2 of the unlicensed vehicles shall be visible from the nearest public road or visible from the first floor of a residence on any adjoining property.

 E. Parking and storage of vehicles in buildings is not intended to be limited by this section.

 F. This section shall not be construed as authorizing a junkyard.

 G. Nothing in this section authorizes unsafe or unsanitary storage of an unlicensed vehicle or storage which otherwise violates environmental or other laws.

§ 223-30.5. Subdivision of land -- expiration of preliminary plans.

[Added 07/17/03 by Ord. No. 03-17]

A preliminary plan of subdivision shall become void in accordance with § 103-16.  A decision of the Director of the Department of Planning to grant an extension to the expiration of a preliminary plan may be appealed to the Board of Zoning Appeals in accordance with Article XXVIII of this chapter.

ARTICLE IV, C Conservation District

§ 223-31. Purpose.

The purpose of the C Conservation 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.

§ 223-32. Applicability.

The following regulations and the applicable regulations contained in other articles shall apply in the C Conservation District.

§ 223-33. Principal permitted uses.

[Amended 04/07/09 by Ord. No. 09-02]

 A. Agriculture, as defined in § 223-2, provided that any greenhouse heating plant or any building or feeding pens in which farm animals are kept shall comply with the distance requirements specified in § 223-16.

 B. Forests and forestation and wildlife preserves.

 C. Publicly owned or private parks of a nonprofit nature, including campgrounds, riding trails, summer or winter resort areas, hunting, fishing, or country clubs, game preserves and similar uses for the purpose of preserving and enjoying the natural resources of the property.

 D. Water supply works, flood control or watershed protection works, and fish and game hatcheries.

 E. Single-family dwellings. [Amended 04/07/09 by Ord. No. 09-02]

 F. Schools and colleges, subject to the approval of a site development plan by the Carroll County Planning and Zoning Commission.

 G.Conversion of buildings, existing prior to August 17, 1965, to accommodate not more than two families. [Amended 04/07/09 by Ord. No. 09-02]

 H. Public buildings, structures, and properties of the recreational, cultural, or administrative type; or public service-type buildings or properties, including fire, ambulance, or rescue services.

 I. Cable television (CATV) facilities of any person, firm or corporation which is franchised by the Board of County Commissioners of Carroll County to provide cable television services within Carroll County subject to site plan approval by the Commission.

 J. Golf courses subject to site plan review under § 103-19 and the filing of a professionally prepared environmental impact plan demonstrating how use, maintenance, and activities will be conducted and operated so as to not adversely affect the natural resources and comply with water resources protection standards as may be adopted by Carroll County.

§ 223-34. Conditional uses requiring Board authorization.

[Amended 06/27/01 by Ord. No. 01-06; 08/09/07 by Ord. No. 07-11; 04/07/09 by Ord. No. 09-02]

A.  Trap, skeet, rifle, or archery range, including gun clubs, provided that such use shall be 5 times the distance requirement specified in § 223-16.

B.  Veterinary clinics, animal hospitals, or kennels with or without runways, provided that the minimum area is 10 acres for any of the aforesaid uses, and provided that any structure or area used for such purposes shall be subject to twice the distance requirement as specified in § 223-16, except that a kennel for 10 dogs or less shall require a minimum of 5 acres and shall be subject to the distance requirements of § 223-16.

C.  Cemeteries, mausoleums, and memorial gardens.

D.  Religious establishments. [Amended 04/07/09 by Ord. No. 09-02]

E.  Landscaping service (and the storage of vehicles in connection therewith) in conjunction with a nursery operation on the same premises, provided that:

(1) The minimum tract size shall be 20 acres.

(2) The storage of vehicles and other equipment shall be subject to 2 times the distance requirements of § 223-16, and the maximum size of such storage yard shall not exceed 3 acres.

(3) A site plan shall be required and subject to § 103-19.

F.  Bed-and-breakfast inn, subject to the following minimum conditions:

(1) The primary use of the structure and property shall be residential.

(2) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(3) Interior residential features shall be retained in a manner which allow reconversion to a residential use.

(4) The dwelling shall be owner-occupied and managed.

(5) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(6) Parking shall be provided on site with one additional space required for each room that is available to be rented.

(7) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(8) Other than an authorized sign, the bed-and-breakfast use shall be shown to be compatible with the neighborhood and shall be maintained and landscaped to eliminate outward signs of transient use.

(9) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(10) Meals shall be served only to customers who are actually using the bed-and-breakfast accommodations overnight, nonpaying residents, or their bona fide guests.

(11) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(12) No more than one nonresident person may be employed on the premises.

(13) A bed-and-breakfast shall not have any sign or other evidence of its use except one sign not exceeding 2 feet by 3 feet in area, which may be double-faced and illuminated.

 G. Country inn, subject to the following conditions:

(1) Individual rooms which are rented by paying occupants shall not contain cooking facilities.

(2) Unless owner-occupied, the manager must reside on the premises. [Amended 04/07/09 by Ord. No. 09-02]

(3) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(4) Parking shall be provided on site and screened by natural vegetation from public streets and adjoining properties. The Board of Zoning Appeals may require additional screening in its discretion in such form as it deems appropriate considering the proximity of the site to adjoining properties or the public street. In addition to any requirements otherwise contained in this chapter, one parking space shall be provided for each room that is available to be rented.

(5) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(6) Except as provided for by Subsection G(7) below, meals shall be served only to customers who are actually using the country inn accommodations overnight, nonpaying residents, or their bona fide guests.

(7) In addition to providing meals as allowed hereunder, the Board may authorize a country inn to provide facilities and catering for banquets, weddings, receptions, reunions, and similar one-day events. These events shall not be open to the public.

(8) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(9) A country inn shall not be authorized on any lot of less than 3 acres.

(10) A country inn shall not have a sign in excess of 2 feet by 3 feet in area, which may be double-faced and illuminated.

H.  Retreat or conference centers as defined in § 223-2, provided that a site development plan shall be approved by the Commission, and subject to the following:

(1) The use shall be located on a property of not less than 5 acres.

(2) All buildings and housing shall be located not less than 100 feet from adjoining property.

(3) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(4) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

(5) The Board may limit the maximum occupancy of the site based on such factors as its proximity to a public water supply and adequacy of the access to the site.

(6) (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

I. Dance studios, when conducted within a dwelling by a resident thereof.   

J. Blacksmith shops and shops for the service and repair of and sale of farm machinery and farm equipment, subject to the following conditions and limitations:

(1) The use is limited to the sale, service, and repair of farm machinery and farm equipment, including welding;

(2) The use shall not occupy more than one acre;

(3) The use shall comply with twice the distance requirements of § 223-16; and

(4) The person using the property shall obtain prior to filing an application for this use a certification from the appropriate County agency, as determined by the Zoning Administrator, that the use will have no detrimental effect on an existing or proposed water supply.

K.  Nursing homes, continuing care retirement communities and assisted-living facilities, all subject to prior concept site development plan and traffic study review and determination of density, exterior design, and site layout by the Planning Commission.  [Added 06/27/01 by Ord. No. 01-6; amended 05/30/06 by Ord. No. 06-07] 

L.  (Reserved) [Deleted 04/07/09 by Ord. No. 09-02] 

M. Wineries, provided that such use shall be subject to a front, rear and side yard setback of 200 feet. [Added 08/09/07 by Ord. No. 07-11]

§ 223-35. Accessory uses.

[Amended 04/07/09 by Ord. No. 09-02]

Accessory uses shall be as follows:  

A.  Accessory buildings and uses customarily incidental to any principal permitted use or authorized conditional use, including mobile homes subject to the applicable provisions of § 223-140.

B.  One private stable as defined in § 223-2 in a rear yard on a lot or tract of 3 acres or more. A private stable shall be located a minimum of 75 feet from all property lines. [Amended 04/07/09 by Ord. No. 09-02]

 C.  (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

D.  Saddlery and tack shop on the premises of any riding academy, boarding stable, or horse farm.

E.  Storage modules may be used in conjunction with an approved business use of the property, provided that:

(1) On property of less than 10 acres, the storage module shall be subject to the following standards:

(a) The maximum size shall be 8 feet by 24 feet.

(b) The exterior surface shall be painted and kept in good repair.

(c) The storage module shall be vented where needed for safety purposes.

(d) The storage module shall be screened from any adjacent roadway and from residences on adjoining properties.

(2) On property of 10 acres or more, the storage module shall be subject to the following standards:

(a) The exterior surface shall be painted and kept in good repair.

(b) The storage module shall be vented where needed for safety purposes.

(c) The storage module shall be screened from any adjacent roadway and from residences on adjoining properties.

F.  Outdoor parking of commercial vehicles and outdoor storage of unlicensed vehicles as accessory use to residential use as defined and provided in §§ 223-30.3 and 223-30.4. [Amended 09/17/01 by Ord. No. 01-11]

 G. Attached accessory dwelling units which are subject to the following: [Added 11/28/00 by Ord. No. 00-09]

(1) An attached accessory dwelling must have direct access from the outside.

(2) Only one attached accessory dwelling is permitted on any principal dwelling unit.

(3) The property owner must occupy either the principal dwelling unit or the attached accessory dwelling unit on the property.

(4) The maximum size of an attached accessory dwelling shall be 800 square feet of the livable floor area or 1/3 of the total livable floor area of the principal dwelling unit, whichever is greater.

(5) The attached accessory dwelling unit shall have no more than 2 bedrooms.

(6) The attached accessory dwelling unit must meet all applicable building construction and Department of Health and Mental Hygiene and Department of Environment Codes.

(7) Two additional off-street parking spaces must be provided for the attached accessory dwelling unit.

(8) Only one accessory dwelling unit (attached or detached) shall be permitted on a lot.

 H. Detached accessory dwelling units, provided that the lot or parcel is eligible to be subdivided to separate the detached accessory dwelling and which are subject to the following: [Added 11/28/00 by Ord. No. 00-09]

(1) Only one attached or detached accessory dwelling unit is permitted on any lot or parcel. Buildings converted in accordance with § 223-33G shall be considered detached accessory dwelling units. [Amended 04/07/09 by Ord. No. 09-02]

(2) The property owner must occupy either the principal dwelling unit or the detached dwelling unit on the lot or parcel.

(3) The detached accessory dwelling unit must meet all applicable building construction and Department of Health and Mental Hygiene and Department of Environment Codes.

(4) Two off-street parking spaces must be provided for the detached accessory dwelling unit.

(5) Detached accessory dwelling units shall not be subject to any size limits.

§ 223-36. Height regulations.

Except on farms and except as provided in § 223-180, no building or structure shall exceed 2 ½ stories or 35 feet.

§ 223-37. Bulk requirements.

[Amended 04/20/04 by Ord. No. 04-15; 05/30/06 by Ord. No. 06-07; 04/07/09 by Ord. No. 09-02]

 A. The following minimum requirements shall apply as hereinafter modified in Article XXVI:

Use	Lot Area	Lot Width (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)
Dwellings*	3 acres	300	50	50	50
Other uses	5 acres	300	50	100	50
CATV facilities	3 acres	200	50	50	50
NOTE: *Requirements only apply to off-conveyances and nonclustered subdivisions. [Added 04/04/02 by Ord. No. 02-07.]

B. Nursing homes and assisted living facilities. [Added 05/30/06 by Ord. No. 06-07] 

	Lot Area	Lot Width (feet)	Density	Front Yard Depth (feet)	Side Yard Width (each side yard) (feet)	Rear Yard Depth (feet)
Nursing Homes, Assisted Living Facilities	5 acres	150	1 bed/3,000 sq. ft.1	50 min.2	40 min.2	50 min.2
NOTES: 1 For those areas in excess of 180,000 square feet, the determination of the density factor will be made by the Commission and the Health Department upon the review and approval of the site development plan. 2 As lot area increases above minimum of 45,000 square feet, increased provision for front, side, and rear yards shall be determined by the Commission and the Health Department based on the site development plan.

§ 223-38. (Reserved)

[Deleted in its entirety effective 04/22/04 by Ord. No. 04-15.]

ARTICLE V, HDO Historic District Overlay

§ 223-39. Purpose.

 A. The purpose of the Historic District Overlay is to provide a mechanism for the preservation of sites, structures, and districts of historical, archaeological, or architectural significance, together with their appurtenances and environmental settings. The Historic District Overlay is meant to enhance, not substitute for, the underlying zoning classification which regulates land use. This article imposes additional requirements during the construction, alteration, reconstruction, moving, and demolition of sites and structures located within the Historic District Overlay. These requirements are in addition to those of the existing conventional underlying zoning district which controls land use.

 B. This article is intended to: 

(1) Safeguard the heritage of the county by preserving sites, structures, or districts which reflect elements of the county's cultural, social, economic, political, architectural, or archaeological history;

(2) Stabilize and improve property values of such sites, structures, or districts;

(3) Foster civic beauty;

(4) Strengthen the economy of the county;

(5) Preserve and enhance quality of life;

(6) Promote the preservation and appreciation of the sites, structures, and districts for the education and welfare of the residents of the county;

(7) Develop an awareness among property owners of the value of preserving, protecting, and restoring areas of historical, archaeological, or architectural significance; and

(8) Enable the county to identify and officially designate sites, structures, and districts of historical, archaeological, or architectural importance to the county in order to make such sites, structures, and districts eligible for specific benefits that may be available from various local, state, or federal programs.

§ 223-40. Definitions applicable to Historic District Overlay and Heritage District.

 A. As used in this Article V and as used in Article VI, the following words have the meanings ascribed to them in Maryland Annotated Code, Article 66B, § 8.01, as amended from time to time: demolition, district, structure, site, and routine maintenance.

 B. As used in this Article V and as used in Article VI, the following words have the meanings hereby ascribed to them:
ALTERATION - Any exterior change that would affect the historic, archaeological, or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way, including but not limited to construction, reconstruction, moving, or demolition. 
APPURTENANCES AND ENVIRONMENTAL SETTINGS - All that space of grounds and structures thereon which surrounds a designated site or structure and to which it relates physically or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks. 
EXTERIOR FEATURES - Include the architectural style, design, and general arrangement of the exterior, the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, and similar items found on, or related to, the features of a historic site or the exterior features of a historic resource within a Historic District. 
HISTORIC DISTRICT OVERLAY WORK PERMIT - A permit approved by the Historic Preservation Commission and issued by the Chief of the Bureau of Permits and Inspections authorizing work on any property located within the Historic District Overlay. 
RECONSTRUCTION - The process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared at a specific period of time. 
RESTORATION - The process of accurately recovering the form and details of a property as it appeared at a specific period of time by means of removal of later work and the replacement of work missing from that period. 

§ 223-41. Historic Preservation Commission.

 A. The Historic Preservation Commission of Carroll County, Maryland, shall consist of 5 full members and an alternate member appointed by the Board of County Commissioners. The alternate member shall vote on matters before the Historic Preservation Commission in the absence of any other member. A majority of the members shall be residents of Carroll County. The Board of County Commissioners shall make a good-faith effort to have a majority of the full members be residents of the Historic District Overlay area(s). Each member shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines. At least 2 members shall possess professional or academic training in one or more of the above-listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36 CFR Part 61 to the extent that such professionals are available in the community. A good-faith effort to locate and appoint such professionals will be made, and documentation as to how this effort was accomplished shall be retained by the Board of County Commissioners. The Board of County Commissioners may consult private societies or agencies to request the names of possible members on the Commission. Members shall be appointed for terms of 3 years. No more than 2 appointments shall expire in any given year. Members of the Historic Preservation Commission are eligible for reappointment.

 B. The requirement for Commission membership under the category of "demonstrated special interest" may be satisfied either by formal training in one or more of the fields listed in Subsection A above or by active membership in a preservation-related organization. The requirement for membership under the category of "specific knowledge" may be satisfied by formal post-secondary education, employment, or practical experience in one or more of the above-listed fields, or practical experience in the restoration or preservation of a historic structure (including restoration or preservation of a historic structure located outside of the Historic District Overlay). The requirement for Commission membership under the category of "professional or academic training" may be satisfied by, at a minimum, 2 years experience as a professional or a Bachelor's degree in one or more of the above-listed fields.

 C. Any vacancy on the Historic Preservation Commission shall be filled by the Board of County Commissioners for the unexpired term of the particular position. Any vacancy shall be filled within 60 days. In the case of the expiration of a term, a member may continue to serve until the member's successor is appointed.

 D. Initial appointments. The members of the Historic District Commission serving as of May 28, 1996, shall serve as members of the Historic Preservation Commission until the expiration of their terms of appointment to the Historic District Commission, or until such member resigns, whichever occurs first. These persons are eligible for reappointment at the expiration of their terms, provided that they meet the qualifications for appointment specified in Subsection A at the time of such reappointment.

§ 223-42. Duties and powers of Historic Preservation Commission.

 A. As part of its duties and powers, the Carroll County Historic Preservation Commission:

(1) Shall adopt rules for the organization and conduct of meetings;

(2) Shall act upon all applications for Historic District Overlay work permits as required by § 223-45 of this article;

(3) Shall maintain and update the Maryland Inventory of Historic Properties for Carroll County;

(4) Shall review all petitions for designation as a historic site, structure, or district and submit recommendations to the Carroll County Planning and Zoning Commission and Board of County Commissioners;

(5) Shall review any application for a zoning text or map amendment, conditional use, variance, site plan, or subdivision approval, and any legislation or other proposals affecting properties which are located within a designated historic site, structure or district, or which have preservation easements, including preparation and amendment of master plans, and may make recommendations thereon to the appropriate authorities;

(6) Shall have the right to accept and use gifts and services for the exercise of its functions which are given to the Board of County Commissioners specifically for use by the Historic Preservation Commission;

(7) Shall adopt rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, repair, moving, and demolition of property in the Historic District Overlay which are consistent with the Secretary of the Interior's Standards for Rehabilitation. Guidelines may include design characteristics intended to meet the needs of particular types of sites, structures, and districts, and may identify categories of changes that do not require review by the Commission because they are minimal in nature and do not affect historic, archaeological, or architectural significance. These design guidelines shall be used in the Historic Preservation Commission's review of applications for Historic District Overlay work permits;

(8) May, at the request of an applicant, receive information concerning the location and configuration of interior features in connection with an application for a Historic District Overlay work permit, which information may be used by the applicant in connection with explaining the applicant's request for the Historic District Overlay work permit. The Commission may receive this information for use in understanding the particular application before the Commission but shall not render any decision concerning interior features and shall not require any applicant to submit any information concerning interior features;

(9) May institute an action for injunctive relief to require routine maintenance of a site or structure within the Historic District Overlay, to require compliance with the provisions of this article or any permit issued thereunder, and to prohibit a violation of the provisions of this article; and

(10) May acquire easements in connection with individual sites or structures, or with sites or structures located in or adjacent to an Historic District Overlay area. Such easements may grant to the Commission, the residents of the Historic District Overlay area, and the general public the right to ensure that any site or any structure and surrounding property upon which the easement is applied is protected in perpetuity from changes which would affect its historic, archaeological, or architectural significance. 

 B. In addition, the Historic Preservation Commission shall have all the powers and authority enumerated in the Annotated Code of Maryland, Article 66B, § 8.01 et seq., as presently codified and as may be amended from time to time.

§ 223-43. Criteria for designation as historic site, structure, or district.

 A. The Board of County Commissioners may designate boundaries for sites, structures, or districts of historic, archaeological, or architectural significance consistent with adopted criteria for such designation.

 B. Criteria for designation or expansion. In considering any property for designation as a Carroll County Historic site\structure\district, the reviewing agencies, boards, or commissions shall consider the following criteria:

(1) Historic, archaeological, and cultural significance.

(a) The property has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the county, state, or nation;

(b) The property is the site of a historic event;

(c) The property is identified with a person or group of persons who influenced society; or

(d) The property exemplifies the cultural, economic, social, political, or historic heritage of the county and its communities. 

(2) Architectural and design significance.

(a) The property embodies the distinctive characteristics of a type, period, or method of construction or architecture;

(b) The property represents the work of a master craftsman, architect, or builder;

(c) The property possesses significant artistic value;

(d) The property represents a significant and distinguishable entity whose components may lack individual distinction;

(e) The property represents an established and familiar visual feature of the neighborhood, community, or county, due to its singular physical characteristics, landscape, or historical event; or

(f)  The property is a rare example of a particular period, style, material, or construction technique. 

 C. Procedure for designation or expansion of Historic District Overlay.

(1) Petitions for designation as a historic site or structure shall be initiated by the legal owners of the site or structure. Petitions for designation of a Historic District shall be initiated by the legal owners of a majority of the properties comprising the proposed district.

(2) Petitions for designation shall be filed with, and on forms provided by, the Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition to the Planning and Zoning Commission.

(3) The Planning and Zoning Commission will refer the petition to the Historic Preservation Commission and other appropriate agencies for comment. In addition, the Planning and Zoning Commission will cause its staff to review the facts and relevant information concerning a petition and render a report thereon. The report shall be completed within 90 days of the Planning and Zoning Commission's receipt of a referral of a petition from the Office of Administrative Hearings.

(4) Within 60 days of the receipt of its staff report and the comments of the Historic Preservation Commission on the petition, the Planning and Zoning Commission shall review that report and give its recommendations and the report to the Office of Administrative Hearings.

(5) Upon receipt of the recommendations of the Planning and Zoning Commission, the Office of Administrative Hearings shall schedule a hearing on the petition which must be held within 45 days of the receipt of those recommendations. The hearing shall be before the Board of County Commissioners. The Board of County Commissioners may extend the time for holding the hearing by advising the Office of Administrative Hearings that a time extension is necessary.

(6) Upon finding that a proposed designation or expansion meets the intent of this article, and that such designation or expansion is in the general interest of the citizens of Carroll County, the County Board of Commissioners may designate or expand a historic site/structure/district and, if such a designation is made, shall cause the change in the Historic District Overlay to be posted on the official County Zoning Map. After concluding a hearing on a petition the Board of County Commissioners shall issue its decision within 30 days of the hearing.

(7) If the decision of the Board of County Commissioners is to make such designation, the County Attorney shall prepare an ordinance to effect that result within 5 days and the Zoning Administrator shall cause a change in the map within 30 days of the decision.

(8) The Board of County Commissioners may extend the time limitations imposed by this article in its sole discretion. 

 D. If the Board of County Commissioners declines to designate a proposed, or expand an existing, historic site/structure/district, after a public hearing thereon, no new petition for designation or expansion for all or part of the same area may be filed within 2 years of the final decision by the Board of County Commissioners.

 E. The Historic District Overlay also applies to any property in the H Historic District Zone as of December 1, 1995, which is designated a Historic District.

§ 223-44. Removal of Historic District Overlay designation.

 A. Petitions for removal of the Historic District Overlay designation from a historic site or structure which is not located in a Historic District shall be initiated by the legal owners of such site or structure.

 B. Each petition for removal of the Historic District Overlay designation from a portion of a Historic District shall be initiated by both the legal owners of a majority of the properties comprising the Historic District and by the legal owners of a majority of the properties comprising the area of proposed reduction.

 C. Petitions for removal of the Historic District Overlay designation shall be filed with, and on forms provided by, the Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition to the Planning and Zoning Commission.

 D. The Planning and Zoning Commission will refer the petition to the Historic Preservation Commission and other appropriate agencies for comment. In addition, the Planning and Zoning Commission will cause its staff to review the facts and relevant information concerning a petition and render a report thereon. The report shall be completed within 90 days of the Planning and Zoning Commission's receipt of a referral of a petition from the Office of Administrative Hearings.

 E. Within 60 days of the receipt of its staff report and the comments of the Historic Preservation Commission on the petition, the Planning and Zoning Commission shall review that report and give its recommendations and the report to the Office of Administrative Hearings.

 F. Upon receipt of the recommendations of the Planning and Zoning Commission, the Office of Administrative Hearings shall schedule a hearing on the petition which must be held within 45 days of the receipt of those recommendations. The hearing shall be before the Board of County Commissioners. The Board of County Commissioners may extend the time for holding the hearing by advising the Office of Administrative Hearings that a time extension is necessary.

 G. If the Board of County Commissioners finds, after a public hearing on petition for removal, that the property continues to meet the intent of this article, the Board of County Commissioners may reduce the Historic District Overlay area by removing said part of the Historic District Overlay and shall cause the change in the overlay to be posted on the official County Zoning Map. After concluding a hearing on a petition, the Board of County Commissioners shall issue their decision within 30 days of the hearing.

 H. If the decision of the Board of County Commissioners is to make such reduction, the County Attorney shall prepare an ordinance to effect that result within 5 days, and the Zoning Administrator shall cause a change in the map within 30 days of the decision.

 I.  If the Board of County Commissioners finds, after a public hearing on a petition for removal, that the property continues to meet the intent of this article, no new petition for removal for all or part of the same area may be filed within 2 years of the final decision by the Board of County Commissioners.

 J. The Board of County Commissioners may extend the time limitations imposed by this article in their sole discretion.

§ 223-45. Work permits.

 A. Prior to the construction, alteration, reconstruction, repair, moving, or demolition of any property in the Historic District Overlay that would involve exterior changes which would affect the historic, archaeological, or architectural significance of such property, which is visible, or is intended to be visible, either wholly or partially, from a publicly maintained municipal, county, or state road or pathway, the person or entity proposing to make such change shall file with the Historic Preservation Commission an application for permission to undertake the requested work and receive approval for the requested work from the Commission.

 B. Activities which require a Historic District Overlay work permit include, but are not limited to:

(1) Repair or replacement of roofs, gutters, siding, masonry, external doors and windows, trim, lights, and other appurtenant fixtures, with different materials or different design;

(2) Removal or relocation of a building, structure, or object, or a visible portion thereof, including outbuildings;

(3) New construction or any enlargement, modification, or alteration of the exterior of an existing building, structure, or object which requires a Carroll County building permit;

(4) Removal, replacement, or enclosure of porches;

(5) Basic alteration of materials, including installation of siding, shingles, or masonry facing;

(6) Removal or topping of healthy trees which are significant because of their substantial age or size, relationship to a historic structure or event, recognition as an important species, or identification as having unusual or unique character or form; or which have been identified in a survey or inventory of historic structures;

(7) Installation or removal of fencing or fence walls;

(8) Installation or removal of shutters;

(9) New paving, modification of paving materials, or removal of paving;

(10) Removal, installation, modification, or alteration of exterior architectural features;

(11) Exterior sandblasting, water blasting, other abrasive cleaning or chemical cleaning; and

(12) First-time painting or permanent removal of paint. 

 C. All applications for a Historic District Overlay work permit shall be referred to and considered by the Historic Preservation Commission which shall accept or reject the application. The Commission shall act upon a completed application within 45 days from the date that the completed application was filed with the Commission unless an extension of this 45 day period is agreed upon mutually by the applicant and the Commission or unless the application has been withdrawn. No permit for any such construction or change may be granted until the Historic Preservation Commission has acted thereon. An application which is identical to the rejected application shall not be resubmitted within a period of one year after the rejection.

 D. Activities which do not require a Historic District Overlay work permit are the following:

(1) Routine maintenance, as defined in Maryland Annotated Code, Article 66B, § 8.01;

(2) Tree trimming or ground vegetation control activities in the vicinity of electric and telephone wires when such work is necessary to the public safety and maintenance of service reliability and is performed by or for a utility according to American National Standards Institute A300 standards or other tree trimming and vegetation control standards set by agreement between the utility and a state or local governmental agency; or

(3) Performance of emergency work on overhead or underground public utility facilities, so long as the area in which such work is performed is returned to substantially the same condition as before performance of the work. 

 E. If, after having first attempted to obtain a Historic District Overlay work permit, the property owner can show that a modification or denial of the proposal will cause undue financial hardship, the property owner may apply for a variance pursuant to Article XXVI of this chapter. The burden of proof is on the property owner to prove that the failure to approve a Historic District Overlay work permit will result in undue financial hardship or preclude any reasonable use of the property.

 F. Criteria for review of Historic District Overlay work permits. All applications for a Historic District Overlay work permit shall be reviewed by the Historic Preservation Commission in accordance with the guidelines and criteria adopted pursuant to § 223-42A(7) of this article. Pursuant to Maryland Annotated Code, Article 66B, § 8.07, interior features of a structure shall not be considered by the Commission. In addition, in reviewing applications filed under the provisions of Subsection B of this section, the Historic Preservation Commission shall give consideration to:

(1) The historic, archaeological, or architectural significance of the site or structure and its relationship to the historic, archaeological, or architectural significance of the surrounding area;

(2) The relationship of the exterior architectural features of a 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 and environmental factors, which the Commission deems pertinent; and

(5) In cases of an application for work by a public utility company, the need for the work in order to meet Public Service Commission requirements or to meet public need.

§ 223-46. Appeals.

Any person aggrieved by any action or decision of the Historic Preservation Commission has the right of appeal to the Board of Zoning Appeals for Carroll County, which shall hold a hearing thereon, and thereafter to the Circuit Court in accordance with the Maryland Rules of Procedure and in accordance with the provisions of Maryland Annotated Code, Article 66B.

ARTICLE VI, Heritage District 

§ 223-47. Applicability. 

The following regulations and applicable regulations contained in other articles shall apply in the Heritage District.

§ 223-48. Principal permitted uses.

[Amended 04/07/09 by Ord. No. 09-02]

Principal permitted uses shall be as follows:

A. Agriculture, as defined in this chapter, provided any building or feeding pens in which farm animals are kept shall comply with distance requirements specified in § 223-16.

B. Religious establishments. [Amended 04/07/09 by Ord. No. 09-02]

C. Single-family dwellings and two-family dwellings. [Amended 04/07/09 by Ord. No. 09-02]

D. Buildings and properties of a cultural, civic, educational, social or community service type, such as libraries, ponds, playgrounds, and community centers but not warehouses, service garages, and storage yards. [Amended 04/07/09 by Ord. No. 09-02]   

E. Conversion of a building existing prior to August 17, 1965 to accommodate 2 families, provided that the requirements of Article VI of Chapter 103 as well as the requirements of the Health Department are complied with. [Amended 04/07/09 by Ord. No. 09-02]  

§ 223-49. Conditional uses requiring Board authorization.

Conditional uses requiring Board authorization shall be as follows:

 A. Antique and gift shops.

 B. Reestablishment of B-NR District type uses on locations where such uses became vacant or discontinued prior to November 12, 1970. [Amended 06/02/06 by Ord. No. 06-08]

 C. Agricultural uses for the raising of animals for fur, experimental, or other similar purposes, such as rats, rabbits, mice, monkeys, and the like, provided that such uses shall be subject to 3 times the distance requirements specified in § 223-16.

 D. Conversion of existing buildings to accommodate more than 2 families.

 E. Relocation of businesses existing as of November 12, 1970, to another site within the Heritage District upon application by the legal landowner of record at the location of the existing business use.

 F. Bed-and-breakfast inn, subject to the provisions of § 223-34F of this chapter.

 G. Country inn, subject to the provisions of § 223-34G of this chapter.

§ 223-50. Accessory uses.

Accessory uses shall be those accessory uses as enumerated in § 223-80.

§ 223-51. Height regulations.

Height regulations shall be as enumerated in § 223-81.

§ 223-52. Bulk requirements.

[Amended 04/07/09 by Ord. No. 09-02]

 A. Bulk requirements shall be as follows:

Use	Lot Area	Lot Width	Lot Area Per Family
Dwellings and other principal permitted uses	20,000 sq. ft.	100	20,000 sq. ft.
Religious establishments [Amended 04/07/09 by Ord. No. 09-02]	2 acres	200	--
Conditional ues	20,000 sq. ft.	100	--

B. Front, rear, and side yard depths. Front minimum setbacks shall be determined on a case-by-case basis by computing the existing front yard depths of adjacent properties as measured from the center line of the public right-of-way upon which the property borders to the front of the principal building. Minimum front setbacks shall be a distance equal to the shortest front yard depth of the adjacent properties. Side yards must be at least 10% of the width of the lot. Rear yards must be at least 10% of the depth of the lot.

ARTICLE VII, MHP Mobile Home Park District

§ 223-53. Purpose.

The purpose of the MHP Mobile Home Park District is to prescribe a zoning category wherein mobile home parks meeting minimum development standards established by the county may be authorized in limited locations deemed appropriate and compatible within the existing neighborhood.

§ 223-54. Applicability.

The following regulations and applicable provisions contained in other articles shall apply in the MHP District.

§ 223-55. Principal permitted uses.

[Amended 04/07/09 by Ord. No. 09-02]

Principal permitted uses shall be as follows: 

A. Mobile home parks, subject to the provisions of § 103-55 and one times the distance requirements of § 223-16. [Amended 04/07/09 by Ord. No. 09-02]

B. Religious establishments. [Amended 04/07/09 by Ord. No. 09-02]

C. Buildings and properties of a cultural, civic, educational, social, or community service-type such as libraries, ponds, playgrounds, community centers, but not warehouses, services garages, and storage yards. [Amended 04/07/09 by Ord. No. 09-02]  

D. Conversion of a building existing prior to August 17, 1965, to accommodate 2 families, provided that all applicable building construction and Department of Health and Mental Hygiene and Department of Environment Codes are complied with. [Amended 04/07/09 by Ord. No. 09-02]   

E. Agriculture, as defined in § 223-2, provided that any building or feeding pens in which farm animals are kept shall comply with distance requirements specified in § 223-16.

§ 223-56. Conditional uses requiring Board authorization.

Conditional uses requiring Board authorization shall be as follows: none provided.

§ 223-57. Accessory uses.

[Amended 04/07/09 by Ord. No. 09-02]

Accessory uses shall be accessory buildings and uses customarily incidental to any principal use and subject to § 103-55 where applicable.

§ 223-58. Height regulations. 

[Amended 04/07/09 by Ord. No. 09-02]

No principal structure shall exceed 2 ½ stories or 35 feet in height, and no accessory structure shall be 2 stories or 20 feet in height except as provided in § 223-180 and subject to § 103-55 where applicable. 

§ 223-59. Bulk requirements.

[Amended 04/07/09 by Ord. No. 09-02]

The following minimum requirements shall be observed subject to modified requirements in Article XXVI:

	Lot Area	Lot Width	Lot Area Per Family	Front Yard Depth	Side Yard Width	Rear Yard Depth
Mobile home parks	(Subject to requirements of § 103-55)
Religious establishments [Amended 04/07/09 by Ord. No. 09-02]	(Same as specified in R-20,000 Residence District)
Other permitted uses	(Same as specified in R-7,500 Residence District)

ARTICLE VIII, R-40,000 Residence District

§ 223-60. Purpose.

The purpose of the R-40,000 Residence District is to provide a location for single-family residential development, the individual lots of which contain a minimum of 40,000 square feet. This district is generally not intended to be served with public water or sewerage facilities although in special situations, it may be. The district would generally coincide with areas designated for low-density residential development on the County Master Plan.

§ 223-61. Applicability.

The following regulations including the applicable regulations of other articles shall apply in the R-40,000 Residence District.

§ 223-62. Principal permitted uses.

[Amended 11/28/00 by Ord. No. 00-09; 04/07/09 by Ord. No. 09-02]

Principal permitted uses shall be as follows:

A.  Agriculture, as defined in § 223-2, provided that any building or feeding pens in which farm animals are kept shall comply with distance requirements specified in § 223-16.

B.  Religious establishments, schools, and colleges. [Amended 04/07/09 by Ord. No. 09-02] 

C.  Single-family dwellings. [Amended 04/07/09 by Ord. No. 09-02]  

D.  Buildings and properties of a cultural, civic, educational, social, or community service-type such as libraries, ponds, playgrounds, community centers, but not warehouses, service garages, and storage yards. [Amended 01/03/01 by Ord. No. 01-02; 04/07/09 by Ord. No. 09-02] 

E.  Conversion of a building existing prior to August 17, 1965, to accommodate 2 families; provided that all applicable building construction and Department of Health and Mental Hygiene and Department of Environment Codes are complied with. [Amended 11/28/00 by Ord. No. 00-09; 04/07/09 by Ord. No. 09-02]

§ 223-63. Conditional uses requiring Board authorization.

[Amended 06/27/01 by Ord. No. 01-06; 05/30/06 by Ord. No. 06-07; 04/07/09 by Ord. No. 09-02]

Conditional uses requiring Board authorization are as follows:

 A. (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

 B. Nursery schools or day-care centers.

 C. Golf courses, country clubs, and similar recreational uses privately owned and/or operated.

 D. Nursing homes, retirement homes, continuing care retirement communities and assisted-living facilities, hospitals (Class A), medical and dental clinics, subject to prior concept site development plan and traffic study review and determination of density, exterior design, and site layout by the Planning Commission. [Amended 06/27/01 by Ord. No. 01-6; 05/30/06 by Ord. No. 06-07] 

 E. (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

 F. (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

 G. Bed-and-breakfast (subject to § 223-34F). [Amended 04/07/09 by Ord. No. 09-02]

 H. Country inn (subject to § 223-34G). [Amended 04/07/09 by Ord. No. 09-02]

 I.  Landscaping service (and the storage of vehicles in connection therewith) in conjunction with a nursery operation on the same premises, provided that:

(1) The minimum tract size shall be 50 contiguous acres.

(2) The storage of vehicles and other equipment shall be subject to 2 times the distance requirements of § 223-16, and the maximum size of such storage yard shall not exceed 3 acres.

(3) A site plan shall be required and subject to § 103-19, showing the limits of the area to be utilized and any distance requirements applicable.

(4) Any division of the property described in the required site plan is prohibited. 

 J. (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

 K. (Reserved) [Deleted 04/07/09 by Ord. No. 09-02]

§ 223-64. Accessory uses.

[Amended 11/28/00 by Ord. No. 00-09; 0917/01 by Ord. No. 01-11; 04/07/09 by Ord. No. 09-02]

Accessory uses shall be as follows: 

A.  Accessory buildings and uses customarily incidental to any principal permitted use or authorized conditional use, including a mobile home used in connection with an interim agricultural use, subject to the provisions of § 223-140B.   

B.  Home occupation, subject to Zoning Administrator approval after a public hearing in accordance with § 223-181.1. [Amended 04/07/09 by Ord. No. 09-02]

 C.  Existing cemeteries, when accessory to a religious establishment. [Amended 04/07/09 by Ord. No. 09-02]

D.  (Reserved) [Deleted 04/07/09 by Ord. No. 09-02] 

E.  Swimming pools, tennis and other similar courts when accessory to a residence.

F.  The keeping of not more than 4 roomers or boarders by a resident family.

G.  One private stable as regulated in § 223-35B.

H.  Outdoor parking of commercial vehicles and outdoor storage of unlicensed vehicles as accessory use to residential use as defined and provided in §§ 223-30.3 and 223-30.4. [Amended 09/17/01 by Ord. No. 01-11]

I.   Attached accessory dwelling units which are subject to the following: [Added 11/28/00 by Ord. No. 00-09]

(1) An attached accessory dwelling must have direct access from the outside.

(2) Only one attached accessory dwelling is permitted on any principal dwelling unit.

(3) The property owner must occupy either the principal dwelling unit or the attached accessory dwelling unit on the property.

(4) The maximum size of an attached accessory dwelling shall be 800 square feet of the livable floor area or 1/3 of the total livable floor area of the principal dwelling unit, whichever is greater.

(5) The attached accessory dwelling unit shall have no more than 2 bedrooms.

(6) The attached accessory dwelling unit must meet all applicable building construction and Department of Health and Mental Hygiene and Department of Environment Codes.

(7) Two additional off-street parking spaces must be provided for the attached accessory dwelling unit.

(8) Only one accessory dwelling unit (attached or detached) shall be permitted on a lot. 

J.   Detached accessory dwelling units, provided that the lot or parcel is eligible to be subdivided to separate the detached accessory dwelling and which are subject to the following: [Added 11/28/00 by Ord. No. 00-09]

(1) Only one attached or detached accessory dwelling unit is permitted on any lot or parcel. Buildings converted in accordance with § 223-62E shall be considered detached accessory dwelling units.

(2) The property owner must occupy either the principal dwelling unit or the detached dwelling unit on the lot or parcel.

(3) The detached accessory dwelling unit must meet all applicable building construction and Department of Health and Mental Hygiene and Department of Environment Codes.

(4) Two off-street parking spaces must be provided for the detached accessory dwelling unit.

(5) Detached accessory dwelling units shall not be subject to any size limits.

ARTICLE XIV, B-G General Business District

§ 223-106. Purpose. 

The purpose of the B-G General Business District is to provide logical locations of all businesses of a more general nature than might be expected to be found in a neighborhood. The businesses proposed include retail, wholesale, and some light processing operations.

§ 223-107. Applicability.

The following regulations and applicable regulations contained in other articles shall apply in the B-G General Business District.

§ 223-108. Principal permitted uses. 

[Amended 06/02/06 by Ord. No. 06-08; 04/07/09 by Ord. No. 09-02]

Principal permitted uses shall be as follows:

 A. Retail trades, businesses and services of a general commercial nature, including the following:
Amusement parks
Animal hospitals or veterinary clinics without runways
Automobile, trailer, or implement sales and service establishments including motorcycle shops
Bottling of soft drinks or milk or distribution stations
Bowling alley
Carpentry or woodworking shops
Department stores
Drive-in eating and drinking establishments
Golf driving ranges
Hotels and apartment hotels, including motels
Manufacture and assembly of electrical appliances, electronics, and communication equipment, professional, scientific, and controlling instruments, and photographic or optical products, conducted entirely within an enclosed building
Newspaper publishing establishments
Printing shops
Schools, business, dancing, music, trade or others of a commercial nature
Sheet metal and light metal working shop
Sign painting shop
Skating rink
Swimming pools
Telephone central office or service center
Tourist homes
Truck or motor freight terminals or warehouses
Wholesale business, warehousing, or service establishments, except as first allowed in an I-R or I-G District

 B. Planned business centers, subject to the provisions of Article XI of Chapter 103.

 C. Any use or structure permitted and as regulated as a principal permitted use in an A, R-20,000, R-10,000, R-7,500, or B-NR District. [Amended 06/02/06 by Ord. No. 06-08] 

 D. Mini storage, when subject to the following conditions:

(1) Maximum storage unit height shall be 15 feet.

(2) Maximum area of each individual storage unit shall be 500 square feet.

(3) The front building facade shall be designed, constructed, and maintained to be visually compatible with the neighborhood and surrounding properties so as not adversely to affect property values.

(4) Parking shall be provided on site at a ratio of one space for each 10 storage units, with a minimum of 6 spaces provided.

(5) A business office shall be located on site, and the required parking spaces shall be located adjacent to the business office. Required parking may not be rented, used for storage of vehicles, or other storage.

(6) Areas providing access between storage units and areas designed for 2-way vehicular traffic shall be 20 feet wide. One-way vehicular traffic aisles with units on one side may be 15 feet wide. Access aisles and storage units shall be designed and located to provide maneuvering space for emergency vehicles.

(7) All outdoor lighting must be shielded and focused to direct light onto the premises and away from adjoining properties. Lights may not be more than 10 feet above ground level.

(8) Fences or walls for security or barrier purposes shall be located on site at least 10 feet from adjacent property lines.

(9) All structures, storage units, commercial parking areas, aisles, security fences, or walls, except the front building facade, shall be screened from view off site.

(10) Outside storage of vehicles is prohibited unless the use of the site has been approved as a commercial parking lot.

(11) The site shall not be used for any activity or use except storage as specified herein.

(12) Flammable, toxic, or explosive materials or hazardous chemicals shall not be stored on site; provided, however, that fuel contained in standard fuel tanks of boats or vehicles which are themselves stored on site is allowed. Standard fuel tanks for purposes of this section are those tanks which were designed for the specific vehicle by the manufacturer of the vehicle.

(13) Signs shall be permitted in compliance with Article XVIII, except that temporary signs, signs that relate to off-premises uses, or signs which exceed 50 square feet in area are prohibited.

(14) Landscaping shall be provided in accordance with Chapter 134. [Amended 04/07/09 by Ord. No. 09-02]

§ 223-109. Conditional uses requiring Board authorization.

[Amended 06/02/06 by Ord. No. 06-08]

Conditional uses requiring Board authorization shall be as follows:

 A. Building material sales and storage yards.

 B. Feed and grain sales, milling, and/or storage.

 C. Outdoor drive-in theaters.

 D. Animal hospitals, veterinary clinics, kennels with runways.

 E. Any conditional use permitted and as regulated in the B-NR District, except as modified in § 223-108. [Amended 06/02/06 by Ord. No. 06-08]

§ 223-110. Accessory uses. 

Accessory uses shall be as follows:

 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 § 223-138.

§ 223-111. Height regulations. 

No structure shall exceed 50 feet in height, except as provided in § 223-180.

§ 223-112. (Reserved)

[Deleted 04/07/09 by Ord. No. 09-02]

§ 223-113. Bulk requirements.

[Amended 04/07/09 by Ord. No. 09-02]

The following minimum requirements shall be observed, subject to the modified requirements in Article XXVI:

Use	Lot Area	Lot Width (feet)	Front Yard Depth (feet)	No. of Stories1	Side Yard (with each side yard (feet)
Nonresidential buildings	None	None	40	1	102
Dwellings or residential parts of nonresidential buildings	(Same as R-7,500 District)
Hotels	20,000 sq. ft. minimum (500 sq. ft. per bedroom)	100	40	1 -- 1½ 2 -- 2½ 3	15 18 20
Motels	1 acre (1,000 sq. ft. per bedroom)	100	40	1 -- 2½	15
Planned business centers	(Subject to Article XI of Chapter 103)
NOTES: 1 Subject to the requirements of § 223-111. 2 Except adjoining any R District, in which case not less than 15 feet.

§ 223-114. Required conditions. 

The required conditions shall be the same as provided by § 103-19.

ARTICLE XV, I-R Restricted Industrial District

§ 223-115. Purpose. 

The purpose of the I-R Restricted Industrial District is to provide locations for some of the lighter manufacturing processes and which may not be as extensive as those provided in the I-G District. For the most part, the manufacturing is composed of processing or assembly of previously processed materials. It is not the purpose of this district to promote or encourage the use of land within the district for retail services or planned business centers normally expected to be located within the established business district; however, it is anticipated that there may be areas or locations where retail services or planned business centers can be reasonably and logically considered due to their relationship with other uses existing within the district, as well as their relationship with the district boundary line or the configuration of the property and the relative scale of the project.

§ 223-116. Applicability.

The following regulations and applicable regulations contained in other articles shall be permitted in the I-R Restricted Industrial District.

§ 223-117. Principal permitted uses. 

[Amended 08/14/07 by Ord. No. 07-14; 04/07/09 by Ord. No. 09-02]

Principal permitted uses shall be as follows:

 A. Uses of a light industrial nature including but not limited to the following, provided that such uses shall be subject to the distance requirements specified in § 223-16:

(1) Manufacture and assembly of electrical appliances, electronics, and communication equipment, professional, scientific, and controlling instruments, and photographic or optical products.

(2) Manufacturing, compounding, assembling, 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 metal, light metal mesh, pipe, rods, shapes, strips, wire, or similar component parts.

(3) 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.

(4) Manufacture of musical instruments, novelties, and molded rubber products, including tire manufacture, recapping, and treading.

(5) Manufacture of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

(6) Laboratories, chemical, physical, and biological.

(7) Clothing and shoe manufacture.

(8) Carpet and rug cleaning plants.

(9) Petroleum products storage underground.

(10) Blacksmith, welding, machine, or similar shops.

(11) Heliports. 

 B. The following business trades and services:

(1) Bottling of soft drinks or milk or distribution stations therefor.

(2) Carpentry or woodworking shops.

(3) Newspaper publishing establishments.

(4) Printing shops.

(5) Sheet metal shops.

(6) Sign painting shops.

(7) Truck or motor freight terminals or warehouses.

(8) Wholesale business.

(9) Warehousing or service establishments.

(10) Building materials sales and storage yards.

(11) Feed and grain sales.

(12) Milling and/or storage.

(13) Commercial parking lots. 

(14) Trade schools. [Added 04/09/04 by Ord. No. 04-01]

(15) Professional training centers. [Added 04/09/04 by Ord. No. 04-01]

(16) Offices and office parks. [Added 04/09/04 by Ord. No. 04-01]

(17) Hotels and motels. [Added 04/09/04 by Ord. No. 04-01]

Antique shops

Automobile service center

Day treatment or care facility

Funeral establishments

Kennels, commercial

Non-profit clubs and fraternal organizations

Religious establishments

Residential dwelling units

Retail greenhouses

Retirement homes

Second hand or consignment shops

Tattoo or body-piercing shops

Vehicle repair shops  

(h) Signage requirements. [Added 04/07/09 by Ord. No. 09-02]

[1] A signage plan shall be submitted with the site plan.

[2] One freestanding sign shall be allowed to identify the business park.  This sign may not exceed 30 feet in height or 200 square feet per side, unless a variance is granted pursuant to Article XXVI of this chapter.  This sign may include identification of the tenants or other entities within the business park.

[3] If a planned business center (PBC) is located within a business park, then the PBC may have an additional freestanding sign in accordance with § 103-52.

[4] All other buildings or lots within the business park may have signs in accordance with § 223-138 of this chapter.

§ 223-118. Conditional uses requiring Board authorization. 

[Amended 04/09/04 by Ord. No. 04-01; 06/04/04 by Ord. No. 04-18; 06/02/06 by Ord. No. 06-08; 04/07/09 by Ord. No. 09-02]

Conditional uses requiring Board authorization shall be as follows:

 A. The following uses when the location of such use shall have been authorized by the Board, provided that such use shall be subject to 3 times the distance requirements specified in § 223-16:

(1) Bituminous concrete (blacktop) mixing plants.

(2) Concrete and ceramic products manufacture, including ready-mixed concrete plants.

(3) Contractors' equipment and storage yards.

(4) Facilities for the cleansing of petroleum contaminated soil.

(5) Petroleum products storage tanks above ground, any one of which has the capacity in excess of 2,000 gallons, provided that all state and federal laws, as well as National Fire Underwriters' codes, are complied with. [Amended 04/07/09 by Ord. No. 09-02]

(6) Sawmills, commercial.

(7) Sanitary landfills, including solid waste transfer facilities, and solid waste incinerators. 

B. Any use permitted and as regulated as a principal permitted use or conditional use in the B-NR or B-G District, except dwellings, mobile homes, and mobile home parks, and manufacture of mulch, on a lot or parcel of land no greater than 5 acres in size and that was depicted on a plat or described in a deed recorded in the Land Records of Carroll County prior to March 9, 2004, provided that in addition to the criteria set forth under § 223-191, the Board shall also consider criteria set forth under § 103-49 in authorizing the use of any land for a planned business center or any other B-NR or B-G use that is determined by the Board to be of the same general character as a planned business center. [Amended 04/09/04 by Ord. No. 04-01; 06/04/04 by Ord. No. 04-18; 06/02/06 by Ord. No. 06-08; 04/07/09 by Ord. No. 09-02]  

C. Notwithstanding anything contained in this article to the contrary, mini storage is not an authorized use in this district.

§ 223-119. Accessory uses. 

[Amended 04/08/04 by Ord. No. 04-01; 08/14/07 by Ord. No. 07-14; 04/07/09 by Ord. No. 09-02]

Accessory uses shall be as follows:

 A. Uses customarily accessory and incidental to any principal permitted use or authorized conditional use, including:

(1) A mobile home or dwelling associated with an industrial use, or a mobile home associated with an agricultural use subject to the provisions of § 223-140B.

(2) Storage modules subject to the following standards:

(a) The exterior surface shall be painted and kept in good repair.

(b) The storage module shall be vented as needed for safety purposes.

(c) The storage module shall be screened from the adjacent roadway.

(d) Number of storage modules to be determined by the Zoning Administrator. [Added 04/07/09 by Ord. No. 09-02]

(3) Retail sales and service of products manufactured on or distributed from the site. [Added 04/09/04 by Ord. No. 04-01]

B.  [Added 04/09/04 by Ord. No. 04-01; amended 08/14/07 by Ord. No. 07-14]  Provided all accessory uses do not exceed 15% of the lot or parcel, and provided no individual use exceeds 3,000 square feet except as provided below, the following retail or other commercial uses in conjunction with a principal permitted or approved conditional use, not exceeding 15% of the lot or parcel, and subject to authorization of the Board after a public hearing:

(1) Retail bakeries.

(2) Banks or savings and loan institutions.

(3) Beauty salons or barbershops.

(4) Convenience stores, including gasoline pumps, however the area of canopy over the gasoline pumps is excluded from the 3,000 square foot size limitation but included as part of the 15% gross acreage limitation. [Amended 08/14/07 by Ord. No. 07-14] 

(5) Day care centers not exceeding 6,000 square feet.

(6) Pharmacies.

(7) Laundry or dry-cleaning establishments.

(8) Office supply stores.

(9) Shoe repair shops.

(10) Restaurants or lunch rooms.

(11) Tailor establishments.

(12) Health clubs not exceeding 6,000 square feet.

(13) Florist or garden shops.

§ 223-120. Height regulations.

No structure shall exceed 50 feet in height, except as provided in § 223-180.

§ 223-121. Bulk requirements. 

[Amended 08/14/07 by Ord. No. 07-14; 04/07/09 by Ord. No. 09-02]

The following requirements shall be observed, subject to the provisions of Article XXVI:

A.  Front yard:  50 feet. [Amended 08/14/07 by Ord. No. 07-14; 04/07/09 by Ord. No. 09-02]

B.  Side yard: 30 feet.

C.  Rear yard: 30 feet.

D.  Within a business park, the yard requirements may be reduced with the approval of the Commission. [Added 08/14/07 by Ord. No. 07-14]

§ 223-122. Required conditions. 

Required conditions shall be the same as provided by § 103-19.

ARTICLE XVI, I-G General Industrial District 

§ 223-123. Purpose. 

The purpose of the I-G General Industrial District is to provide for manufacturing or processing which may require extensive transportation, water, and/or sewerage facilities, as well as open space, because of the number of employees, the type of manufacturing operation, or any by-products which might result from the heavier or larger manufacturing plants proposed.

§ 223-124. Applicability.

The following regulations and applicable regulations contained in other articles shall apply in the I-G General Industrial District.

§ 223-125. Principal permitted uses. 

[Amended 04/04/01 by Ord. No. 01-03; 06/04/04 by Ord. No. 04-18; 04/07/09 by Ord. No. 09-02]

Principal permitted uses shall be as follows:

 A. Uses of a heavy industrial nature, but not limited to the following, provided that such uses shall be located 2 times the distance requirements specified in § 223-16:

(1) Manufacture and assembly of aircraft, automobiles, house trailers, or other vehicles.

(2) Manufacture and bottling of alcoholic beverages.

(3) Manufacture of brick or clay products.

(4) Machine shops, structural steel fabricating.

(5) Coal yards.

(6) Cooperage works.

(7) Crematories.

(8) Manufacture or processing of chemicals, except sulfuric, nitric, or hydraulic or other corrosive or offensive acid.

(9) Manufacture of dye or dyestuff and printing ink.

(10) Electric generating or steam power plants.

(11) Flour mill, grain milling, or drying.

(12) Manufacture of felt, shoddy, hair products, feathers, emery cloth, sandpaper, or sand blasting and/or products therefrom.

(13) Enameling, japanning, lacquering, galvanizing, and plating.

(14) Manufacture or processing of meat or food products, except slaughterhouses.

(15) Manufacture of paper, pulp, or cloth.

(16) Manufacture of perfume.

(17) Manufacture of pickle, sauerkraut, vinegar, yeast, soda, or soda compounds.

(18) Manufacture of rayon or similar products.

(19) Manufacture of rubber or rubber products.

(20) Manufacture of starch, glucose, dextrin, or spice.

(21) Manufacture of soap, oil, paints, turpentine.

(22) Manufacture of wire or wire products. 

(23) Manufacture of mulch, including the processing, storage, and sale at retail and wholesale. [Added 06/04/04 by Ord. No. 04-18]

 B. Agriculture for interim use, provided that any buildings or feeding pens in which farm animals are kept shall comply with the distance requirements of § 223-16.

 C. Any use permitted and as regulated as a principal permitted use in the I-R District, except as hereinafter modified.

 D. Any other use that is determined by the Board to be of the same general character as the above-permitted uses and which would not be detrimental to the public health, safety, or general welfare of the community, but not including any use which is prohibited in the I-R District.

 E. Subject to the requirements of this article, an adult entertainment business, a massage establishment or a striptease business is a principal permitted use in the I-G General Industrial Zone. [Added 04/04/01 by Ord. No. 01-03; amended 04/07/09 by Ord. No. 09-02]

(1) An adult entertainment business, a massage establishment or a striptease business may not be located within 1,000 feet of:

(a) A religious establishment; [Amended 04/07/09 by Ord. No. 09-02]

(b) A public or private school;

(c) A public park or public recreational facility;

(d) A public library;

(e) A child-care home, child-care institution or family day-care home licensed or registered under Maryland law; or

(f) A lot zoned residentially or devoted primarily to residential use. 

(2) An adult entertainment business, a massage establishment or a striptease business may not be located within 2,500 feet of another adult entertainment business, massage establishment or striptease business.

(3) In determining compliance with the siting requirements in subsection E(1) of this section, measurements shall be made in a straight line, without regard to intervening objects, from the closest point of the structure containing the adult entertainment business, massage establishment or striptease business to the nearest property line of the lot or use listed in subsection E(1) of this section.

§ 223-126. Conditional uses requiring Board authorization.

[Amended 01/03/01 by Ord. No. 01-01; 04/07/09 by Ord. No. 09-02]

Conditional uses requiring Board authorization shall be as follows:

 A. The following uses, when the location of such use shall have been authorized by the Board, provided that such use shall not be less than 1,000 feet from any R District governed by this chapter, except an I-R District, and 4 times the distance requirements as specified in § 223-16: [Amended 01/03/01 by Ord. No. 01-1; 04/07/09 by Ord. No. 09-02]

(1) Abattoirs, slaughterhouses, stockyards.

(2) Acid or heavy chemical manufacture, processing, or storage.

(3) Blast furnace or boiler works.

(4) Cement, lime, gypsum, or plaster of paris manufacturing.

(5) Distillation of bones, fat rendering, grease, lard or tallow manufacturing or processing.

(6) Explosive manufacture or storage.

(7) Fertilizer, potash, insecticide, glue, size, or gelatin manufacture.

(8) Foundries.

(9) Garbage, offal, or dead animal reduction.

(10) Gas manufacture or storage for heat or illumination.

(11) Junkyards, provided that the area used shall not exceed 5 acres, shall be totally enclosed with adequate fencing, and no operations, including storage or sale of parts, shall be closer than 300 feet to any public highway.

(12) Petroleum products, refining or storage above ground in tanks in excess of 2,000 gallons, provided that all state and federal laws, as well as National Fire Underwriters' codes, are complied with. [Amended 04/07/09 by Ord. No. 09-02]

 B.  Bituminous concrete (blacktop) mixing plants as regulated in the I-R District.

 C.  Any conditional use set forth and as regulated in the I-R District.

§ 223-127. Accessory uses. 

[Amended 04/09/04 by Ord. No. 04-01; 04/07/09 by Ord. No. 09-02]

Accessory uses shall be as follows:

 A. Uses customarily accessory and incidental to any principal permitted use or authorized conditional use, including:

(1) A mobile home or dwelling associated with an industrial use.

(2) Storage modules subject to the following standards:

(a)The exterior surface shall be painted and kept in good repair.

(b)The storage module shall be vented as needed for safety purposes.

(c)The storage module shall be screened from the adjacent roadway.

(d) Number of storage modules to be determined by the Zoning Administrator. [Added 04/07/09 by Ord. No. 09-02] 

(3) Retail sales and service of products manufactured on or distributed from the site. [Added 04/09/04 by Ord. No. 04-01]

B.  Provided all accessory uses do not exceed 15% of the lot or parcel, and provided no individual use exceeds 3,000 square feet except as provided below, the following retail or other commercial uses in conjunction with a principal permitted or approved conditional use, not exceeding 15% of the lot or parcel, and subject to authorization of the Board after a public hearing: [Added 04/09/04 by Ord. No. 04-01]

(1) Retail bakeries.

(2) Banks or savings and loan institutions.

(3) Beauty salons or barbershops.

(4) Convenience stores, including gasoline pumps.

(5) Day care centers not exceeding 6,000 square feet.

(6) Pharmacies.

(7) Laundry or dry-cleaning establishments.

(8) Office supply stores.

(9) Shoe repair shops.

(10) Restaurants or lunch rooms.

(11) Tailor establishments.

(12) Health clubs not exceeding 6,000 square feet.

(13) Florist or garden shops.

§ 223-128. Height regulations.

No structure shall exceed 3 stories or 50 feet in height, except as provided in § 223-180.

§ 223-129. Bulk requirements. 

[Amended 04/07/09 by Ord. No. 09-02]

Bulk requirements shall be the same as in the I-R District.

§ 223-130. Required conditions.

Required conditions shall be the same as provided by § 103-19.

ARTICLE XVII, (Reserved) [Parking Space Requirements]

[Transferred to Chapter 103, Article VI  effective 04/22/04 by Ord. No. 04-15.]

§ 223-131. (Reserved)

§ 223-132. (Reserved)

§ 223-133. (Reserved)

§ 223-134. (Reserved)

ARTICLE XVIII, Signs

§ 223-135. Applicability. 

[Amended 04/07/09 by Ord. No. 09-02]

In order to properly integrate all regulating provisions affecting signs, as defined in § 223-2, and to regulate such devices in an orderly and comprehensive manner, it is hereby provided that signs are subject to regulations as set forth herein. These provisions shall apply equally to all signs located in the unincorporated areas of Carroll County.

§ 223-136. Signs permitted without zoning certificate.

[Amended 04/07/09 by Ord. No. 09-02]

The following signs are permitted without a zoning certificate in any district, provided that the following conditions are adhered to:

 A. Signs indicating the name and/or premises or accessory use of a home for a home occupation or professional purposes, not exceeding 3 square feet in area. [Amended 04/07/09 by Ord. No. 09-02] 

 B. Signs not exceeding 30 square feet on a farm advertising farm products primarily grown on the premises, provided that they are located off the highway right-of-way and do not interfere with traffic visibility.

 C. Directional or informational signs of a public or quasi-public nature, such as those containing the meeting date of a community or civic club or the advertising of an event of public interest.

 D. Temporary real estate signs which offer a residential property for sale or lease, subject to the following conditions and limitations:

(1) On a property having an area of less than 2 acres, the sign may have 2 sides (or faces), and the area of each sign face shall be no larger than 9 square feet, and the top of the sign shall be no higher from the ground than 5 feet. On a property of 2 acres or larger, the sign may have 2 sides (or faces), and each sign face shall not exceed 24 square feet and the top of the sign can be no higher than 10 feet from the ground.

(2) Only one sign is allowed on a property offered for sale or lease, except in situations where the property fronts on more than one street, in which case no more than 2 signs are allowed on the property.

(3) Signs shall not be placed on a property closer than 6 feet to any property line.

(4) Any sign set up or located pursuant to this section must be removed on the day of settlement of the real estate transaction. The person who placed the sign and the company whose name appears on the sign shall be responsible to remove signs as required by this section.

(5) In addition to those signs authorized in Subsection D(2) hereof, one additional sign for each sign authorized therein is authorized on the property to advertise an open house during the time period of 12:00 noon Saturday until sunset Sunday or during the time period the house is actually open for showing without prior appointment.

(6) Signs offering a property for sale or lease and advertising an open house may be located off the premises when the property being offered has limited or no road frontage as determined by the Zoning Administrator. In those cases where there is limited or no road frontage, one sign is allowed on the property being offered, and one sign is authorized on another property. For purposes of this section, limited road frontage is less than 15 feet of frontage, unless the Zoning Administrator rules otherwise as to a specific property.

(7) No sign shall be located on a property that is not being offered for sale or lease without the express permission of the person having authority to grant such permission for the property on which the sign is located. For purposes of this section, if the permission of the property owner has not been given in writing, it shall be presumed that no permission was given.

(8) Between the hours of 12:00 noon on Saturday and sunset on Sunday, signs advertising property for sale or lease may be placed in a road right-of-way owned by the County whether the right-of-way is owned in fee or otherwise, subject to the rights of the owners of the underlying fee, if any. Signs that are placed in a County road right-of-way may have 2 sides (or faces), and each sign face may have an area of no larger than 4 square feet, and the top of the sign may be no higher from the ground than 3 feet. If a sign is placed in a County right-of-way, no object may be placed on the sign that extends above the top of the sign or extends the width of the sign to more than 2 feet.

(9) Notwithstanding any provision herein to the contrary, no sign shall be located in any place where its location constitutes a condition adverse to traffic safety. Such signs may be removed at any time, and the company and agent of the company so locating the sign shall be liable for any damage that is caused as a result of the sign's location, and each shall be in violation of this chapter and liable to the County for the cost of removing a sign located on property in violation of this chapter. The Bureau of Roads Operations is hereby authorized to establish areas in which signs are prohibited in any County right-of-way.

(10) Notwithstanding any provision herein to the contrary, signs shall not be placed in the traveled portion of any highway or on the shoulder of any highway.

(11) Signs shall not be attached to utility poles, trees, fences, or other signs. 

 E. Notwithstanding any other provision of this chapter, temporary real estate signs which offer for sale or lease properties comprised of 5 lawfully recorded lots may have a sign face area of no larger than 100 square feet per sign face.

 F. Building contractors and professional persons temporary signs on buildings under construction, limited to a total area for all such signs of 150 square feet.

 G. Directional signs, intended to move traffic, direct the flow of traffic, or manage a specific activity on the site; and signs that warn of construction activity either on site or in the immediate vicinity. These signs may not include advertising.

 H. Political signs and signs on the inside of store windows are exempt from regulation hereunder.

§ 223-137. Signs requiring zoning certificate.

 A. The following signs are permitted in accordance with zoning district regulations and require a zoning certificate:

(1) Signs, business.

(2) Signs, outdoor advertising. 

 B. All signs shall be subject to the following general provisions:

(1) No sign shall be permitted which is an imitation of or which resembles an official control device, railroad sign, or signal, or which hides from view or interferes with the effectiveness of an official traffic control device or any railroad sign, signal, or traffic sight lines. Illuminated signs shall be constructed to avoid glare or reflection on any portion of an adjacent highway or residential buildings. However, no flashing or rotating flashing illumination shall be permitted.

(2) No sign which uses the word "stop" or "danger," or presents or implies the need or requirement of stopping or the existence of danger shall be displayed.

(3) 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.

(4) No sign shall be placed on rocks, trees, or poles maintained by public utilities.

(5) No sign shall be permitted which becomes unsafe or endangers the safety of a building, premises, or person, and unless maintained in a good general condition and in a reasonable state of repair, the Zoning Administrator shall order such sign to be made safe or repaired, and such order shall be complied with within 5 days of the receipt of such order.

(6) No sign shall be located on the right-of-way for any road.

§ 223-138. Use-on-the-premises signs.

[Amended 04/07/09 by Ord. No. 09-02]

Business signs pertaining to use-on-the-premises, as an accessory use in all districts, provided that the following provisions are adhered to:

 A. No such sign shall project over or into any street right-of-way or more than 4 feet above the parapet wall or roofline.

 B. Any sign which is attached to the ground shall be located in such a manner that traffic visibility is not impaired.

 C. The total area of all signs shall not exceed 4 times each linear foot of the building wall most nearly parallel to or confronting the adjacent street. Only one building frontage shall be used in computing the sign area allowance, except on a corner lot, in which case an additional 25% of the sign area allowed may be authorized. In no case shall the area of any one sign exceed 200 square feet on any one side. Computations of signs shall include all sides (where applicable) including the entire face of the sign and any wall work incidental to its decoration and shall include the space between letter figures and designs or the space within letter figures and designs.

 D.  No exterior sign shall exceed 30 feet in total height, if freestanding.

 E.  No business sign shall obstruct the vision of motorists using entranceways, driveways, or any public road intersection.

 F.  A sign must be set back from a public road right-of-way line by at least 5 feet. No freestanding sign shall be located closer than 20 feet to a side property line or 5 feet to a front property line. [Amended 04/07/09 by Ord. No. 09-02]

G. Temporary signs located on the premises of a business which advertise special events of the business subject to all distance, yard, and setback requirements and subject to the following limitations:

(1) Area. The sign shall be no larger than 35 square feet per side and shall have no more than 2 sides.

(2) Time limit. The sign may not be located at the business for longer than 30 days prior to or 5 days after the special event. The Zoning Administrator shall prohibit the use of temporary signs if it appears that the use is intended to avoid the restrictions on permanent signs. [Amended 04/07/09 by Ord. No. 09-02] 

(3) Anchoring. The sign must be anchored to the ground or to a permanent structure to prevent it from being moved by force of nature.

(4) Signs on wheels are prohibited, as are signs designed to be affixed to a wheeled chassis but which have either been removed from the chassis or have never been so attached.

(5) Prior to using the sign, a person who seeks to use the sign must obtain the approval of the Zoning Administrator, who shall review the request to determine if the sign constitutes a potential hazard to health, safety, or welfare; or whether the use of the sign is for a truly temporary purpose rather than for a purpose that would require additional regulation under other provisions of this chapter.

(6) The Zoning Administrator may allow the use of pennants, banners, streamers, tethered balloons, or inflatables. [Added 04/07/09 by Ord. No. 09-02]   

H.  Notwithstanding any other provision of this chapter, the total area of all signs on the premises of a fuel station may exceed the limits set forth in subsection C hereof but shall not exceed 200 square feet, except as authorized in subsection C. [Amended 04/07/09 by Ord. No. 09-02] 

§ 223-139. Use-off-the-premises signs.

ARTICLE XIX, Mobile Homes

§ 223-140. Mobile homes.

[Amended 04/07/09 by Ord. No. 09-02; 03/04/10 by Ord. No. 2010-02]

No person shall park, store or occupy a mobile home (nor allow or permit parking, storage or occupancy of a mobile home), for living or other purposes, except:

A.  As a temporary accessory use by a licensed contractor in any district for road, commercial, public, or quasi-public construction projects. Such use shall be limited to construction office or storage, and shelter for a caretaker.

B.  In order to provide assistance in the pursuit of agriculture by providing for the shelter of tenant labor necessary for successful operation of agricultural enterprises, or members of an immediate family of the owner of the farm who provide assistance in the operation of said farm, the Zoning Administrator may approve the use of no more than 2 mobile homes on such a farm, subject to the following conditions:

(1) To provide a home for members of an immediate family of said farm who assist the owner in the operation of the subject farm.

(2) To provide a home for tenant labor employed full time on the farm.

(3) The requirements of the Carroll County Health Department and the Carroll County Building Code shall be met.

(4) The mobile home shall be located in the immediate vicinity of and as an integral part of other major farm buildings, and in no case more than 300 feet therefrom, and abide by the setback and side yard requirements of the district in which the property is located.

(5) A farm or any portion thereof that is not actively employed in agricultural production shall not be considered by the Zoning Administrator in connection with a request for the placement of a mobile home thereon. Farms or portions thereof enrolled in United States Department of Agriculture soil bank programs, or similar programs shall be considered inactive and not eligible for consideration under this provision.

(6) A minimum of 50 acres engaged in the active production of the land shall be required for location of a mobile home under this subsection, provided that where annual gross sales from the raising of farm products on the premises exceeds $50,000.00, the minimum acreage requirement shall be 20 acres.

C.  As a nonpaying guest as an accessory use in any district in which the owner of the land may permit parking or occupancy for a period not to exceed one month in any calendar year.

D.  In conjunction with an industrial location as an accessory use in an I-R or I-G District for such purposes as a caretaker.

§ 223-141. (Reserved)

[Deleted 04/07/09 by Ord. No. 09-02]

ARTICLE XX, MRO Mineral Resource Overlay

§ 223-142. Purpose.

This article provides for the creation of an overlay designation to be placed on the Zoning Maps, consisting of a Mineral Resource Recovery Area (MR) wherein any land uses that preempt resource recovery are prohibited, for a Viable Resource Area (VRA) where potentially recoverable mineral resources have been identified and will be protected from preemptive development and for a ½-mile Mineral Resource Notification Area (MRN) surrounding the MR and the VRA in which any development should be clustered away from the resource and notification of potential resource recovery activity is given.

§ 223-143. Mineral Resource Overlay.

[Amended 04/07/09 by Ord. No. 09-02: 12/01/10 by Ord. No. 2010-12]

 A. Within Carroll County, there is hereby established an area designated a Mineral Resource Overlay (MRO). This MRO includes areas identified as containing a Mineral Resource (MR), a Viable Resource Area (VRA), and those areas surrounding the resource, identified as Mineral Resource Notification (MRN). This overlay shall exist only in the Agricultural District (A), Industrial General District (I-G) or Industrial Restricted District (I-R) on the Zoning Maps as adopted or amended. There shall be no new Agricultural Land Preservation Districts created pursuant to the Maryland Agricultural Land Preservation Program on any portion of a parcel assigned an MR or a VRA designation. [Amended 04/07/09 by Ord. No. 09-02: 12/01/10 by Ord. No. 2010-12]  

B.  The owner of property which is not identified as being within an MR may petition the County to place an MR designation on that person's property subject to the following: [Amended 04/07/09 by Ord. No. 09-02: 12/01/10 by Ord. No. 2010-12]

(1) The applicant for an MR designation shall submit for the property a delineation of the extent of the mineral resource as mapped by the Maryland Geologic Survey on the Mineral Resource Quadrangle Maps, scale 1:24,000. The applicant may request a modification of the MR boundaries based upon an analysis performed by a qualified geologist which identifies, locates, and estimates the amount and quality of the resource proposed for recovery. This analysis may include a literature search, well logs, existing geologic maps, flood control studies, historic aerial photographs, or other relevant data. [Amended 04/07/09 by Ord. No. 09-02: 12/01/10 by Ord. No. 2010-12]

(2) Lands with an agricultural land preservation easement are not eligible for the MR designation. [Amended 04/07/09 by Ord. No. 09-02; 12/01/10 by Ord. No. 2010-12]

(3) To establish the MR boundary, the minimum horizontal distances between the following features and the mapped limit of the resource shall be: 

(a) 1,000 feet from the nearest boundary of a Village of Historic Importance as defined in Article XXV, which has been designated at the time of approval of the petition for the MR boundary.

(b) 700 feet from the nearest boundary of an area zoned for residential use (R-40,000, R-20,000, R-10,000, R-7,500) at the time of establishment of the MR boundary.

(c) 700 feet from the nearest property lines of schools, hospitals, religious establishments, sewage pumping stations, sewage treatment plants, reservoirs, and water filtration plants which are in existence at the time of establishment of the MR boundary. [Amended 04/07/09 by Ord. No. 09-02; 12/01/10 by Ord. No. 2010-12]

(4) In addition to the criteria in § 223-143B(3), the Planning and Zoning Commission may use such additional criteria as it deems applicable in recommending the MR boundary.

(5) The Planning and Zoning Commission shall review the information submitted by the applicant and make a recommendation to the Board of County Commissioners. The Board of County Commissioners, after holding a public hearing, shall approve, approve with modifications, or deny the petition for an MRO designation. 

 C. In a Mineral Resource Recovery Area (MR), all uses which are or may be permitted in the underlying zone are prohibited except the following which are regulated as designated in the underlying zone:

(1) Mineral resource recovery operations as defined in § 223-2.

(2) Agriculture as defined in § 223-2.

(3) Commercial and noncommercial nurseries and greenhouses, provided that any greenhouse heating plant, or any building or feeding pens in which farm animals are kept, shall comply with the distance requirements specified in § 223-16.

(4) Borrow pits as defined in § 223-2.

(5) Riding academies and boarding stables in existing structures. [Amended 04/07/09 by Ord. No. 09-02]

(6) Manufacture of brick or clay products.

(7) Coal yards.

(8) Copperage works.

(9) The use of heavy machinery for refining and processing other than for removing of overburden, extracting, crushing, moving, washing, and screening.

(10) Bituminous concrete (blacktop) mixing plants.

(11) Concrete and ceramic products manufacture, including ready-mix concrete plants.

(12) Cement, lime, gypsum, or plaster of paris manufacturing.

(13) Public buildings, structures, and properties of the recreational, cultural, administrative, or public service type, including fire, ambulance, or rescue services. [Added 04/07/09 by Ord. No. 09-02]

 D. Permitted uses.

(1) In the Mineral Resource Notification Area (MRN), processing operations as defined in § 223-2 shall be a permitted use, provided that the distances outlined in § 223-143B(3) are met and provided that the processing operation is contiguous to an extractive operation in an adjacent MR. In the MRN, extractive operations are not permitted.

(2) In the MRN, the uses allowed in the underlying district are permitted, with special recommendations for clustering away from the resource and for notification.

 E. In a Viable Resource Area, uses shall be clustered away from the mineral resource when possible. If such clustering is not possible, then a transfer of development rights, as provided for in § 103-29, or development of the property as provided for in § 103-19, may occur at the owners' option.

§ 223-144. General regulations for the Mineral Resource Recovery Area.

[Amended 04/07/09 by Ord. No. 09-02]

Extractive operations are allowed only in an area designated MR; processing operations are allowed in the MR, and may be allowed in the MRN, subject to the provisions of § 223-143D(1) of this chapter. All mineral resource recovery operations are subject to the following: 

 A. Mineral resource recovery operations shall be no closer than 200 feet to all adjoining property lines or any existing or proposed public road right-of-way and 400 feet from any existing principal building on an adjoining property. The Planning and Zoning Commission may increase the distance requirements if it determines that adjacent land uses, geological, hydrogeological, topographical, natural vegetative, or any other environmental feature causes a greater adverse effect at the proposed site than desired.

 B. The minimum setback distances shall not apply to the common boundary where the adjoining lot is used or planned for mineral resource recovery operations. Setbacks on the remaining property lines shall meet the setback requirements in Subsection A of this section.

 C. A person engaging in mineral resource recovery operations shall locate and conduct those operations on the site in a way that minimizes visual, auditory, and other sensory effects on surrounding property owners.

 D. Processing operations outside the pit perimeter shall be housed in a covered structure unless the Planning and Zoning Commission determines, because of specific site conditions, this is unnecessary based on the effects of the use on nearby properties.

 E. The site shall be developed and maintained in compliance with Chapter 134 and the Carroll County Landscaping Manual. [Amended 04/07/09 by Ord. No. 09-02]

 F. The line of sight shall be interrupted to the extent possible between mineral resource recovery operations and adjacent properties zoned for residential use, or improved by a residential dwelling, so as to reduce the visual intrusion of the operation on adjacent and nearby properties.

 G. All permanent access roads shall be paved for a distance of at least 200 feet from the adjoining public road. The paved cartway width shall be a minimum of 22 feet, and the pavement type must be approved by the Carroll County Department of Public Works. Roads marked on a site plan and approved by the Planning and Zoning Commission as temporary may be of a stone construction type (i.e., crusher run).

 H. Hours of operation.

(1) Extractive operations shall be restricted to the hours of 6:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 7:00 p.m. Saturday.

(2) Processing operations, and nonextractive related activities (i.e., administrative, maintenance, repair), may be carried out on the premises beyond the allowed hours of operation, provided that the sound level does not exceed the maximum acceptable limit allowed by the State of Maryland or Chapter 146, Noise. [Amended 04/07/09 by Ord. No. 09-02] 

(3) On Sundays and during atypical business hours extractive operations will be allowed if expressly permitted by the Zoning Administrator because of an operating emergency or because of local or state need. 

 I. The mineral resource recovery operations shall comply with all applicable federal and state air pollution control laws and regulations. In the event of conflict between these laws and regulations, the most restrictive legally applicable law or regulation shall apply. The operator shall control and contain dust to prevent visible emissions from crossing the boundary of the property.

 J. The mineral resource recovery operations shall comply with all federal, state, and local laws regulating water resources management and protection. In the event of conflict between these laws and regulations, the most restrictive legally applicable law or regulation shall apply.

 K. The operator shall provide, prior to beginning a mineral resource recovery operation, a contingency plan for well replacement whenever a public water supply surface intake, public water supply well, or private water supply well is within the zone of influence as designated by the state.

 L. Indenture.

(1) Prior to the issuance of any zoning certificate under this chapter for mineral resource recovery operation, the owner and operator shall enter into an indenture with and provide a satisfactory bond or guaranty to the Board of County Commissioners to ensure compliance with this chapter and the provision of related public improvements, adequate landscaping, fencing, screening, health and safety safeguards, reclamation and restoration plans including regrading, site access, draining, or other treatment as required by this chapter at the completion of the extraction or processing operation. The indenture shall be prepared by the County Attorney, and the bond or guaranty shall be satisfactory to the Board of County Commissioners.

(2) The indenture shall include language discussing the availability of the water pumped in dewatering a site for a public water supply and the use of any resulting reservoir when the site is abandoned for a public water supply.

(3) The indenture shall require the applicant to provide the Board of County Commissioners a copy of all necessary state permits or letters of certification from each state agency that it has completed its review of the proposed mining operations and is prepared to issue its permit before the zoning certificate may be issued.

(4) Prior to the completion of an indenture, the Board of County Commissioners may impose any other condition, limitation, or requirement which they deem necessary, to protect the public health, safety, or welfare of the people of Carroll County. 

 M. The reclamation plan shall consider providing for use of any water-filled pits as a public water supply. Other proposed land uses for the reclaimed site shall be detailed. Reclamation plans shall be developed with consideration to the condition of adjoining mineral resource recovery operations.

 N. When the property on which the mineral resource recovery is planned to take place contains a historic structure, or a known archaeological site, any documentation sent to the state concerning the structure shall also be forwarded to the Carroll County Department of Planning to ensure that the structure and site are surveyed.

 O. All plans for mineral resource recovery operations shall be submitted to the Planning and Zoning Commission pursuant to the provisions of § 103-19.

 P. Prior to site plan approval, the Planning and Zoning Commission shall determine the adequacy of transportation facilities on the local land route as detailed in the traffic impact study. If inadequacy is determined by the Planning and Zoning Commission, the Planning and Zoning Commission will consult with the Board of County Commissioners and the Director of Public Works to make a determination as to the extent the public works agreement may be adjusted to include road improvements that would alleviate the inadequacy.

§ 223-145. (Reserved)

[Transferred to Chapter 103 effective 04/22/04 by Ord. No. 04-15.  See § 103-26.]

§ 223-146. (Reserved)

[Transferred to Chapter 103 effective 04/22/04 by Ord, No. 04-15.  See § 103-27.]

§ 223-147. (Reserved)

[Transferred to Chapter 103 effective 04/22/04 by Ord. No. 04-15.  See § 103-28.]

§ 223-148. (Reserved)

[Transferred to Chapter 103 effective 04/22/04 by Ord. No. 04-15.  See § 103-29.]

ARTICLE XXI, (Reserved) [Cluster Subdivisions] 

[Transferred to Chapter 103, Article XII by Ord. No. 04-24.]

§ 223-149. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-53.]

§ 223-150. (Reserved) 

[Amended 09/17/01 by Ord. No. 01-11; 04/04/02 by Ord. No. 02-07.  Transferred to Chapter 103 by Ord. No. 04-24.  See § 103-54.]

ARTICLE XXII, (Reserved) [Planned Business Centers (Shopping Centers)]

[Transferred to Chapter 103, Article XI by Ord. No. 04-24.]

§ 223-151. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-48.]

§ 223-152. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-49.]

§ 223-153. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-50.]

§ 223-154. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-51.]

§ 223-155. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-52.]

ARTICLE XXIII, (Reserved) [Planned Unit Development]

[Transferred to Chapter 103, Article X by Ord. No. 04-24.]

§ 223-156. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-33.]

§ 223-157. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-34.]

§ 223-158. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-35.]

§ 223-159. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-36.]

§ 223-160. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-37.]

§ 223-161. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-38.]

§ 223-162. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-39.]

§ 223-163. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-40.]

§ 223-164. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-41.]

§ 223-165. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-42.]

§ 223-166. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-43.]

§ 223-167. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-44.]

§ 223-168. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-45.]

§ 223-169. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-46.]

§ 223-170. (Reserved)

[Transferred to Chapter 103 by Ord. No. 04-24. See § 103-47.]

ARTICLE XXIV, Commercial Camping Area

§ 223-171. General regulations.

[Amended 04/07/09 by Ord. No. 09-02]

Every commercial camping area shall comply with all sanitary and other requirements prescribed by law or regulations, and the following requirements, unless the following requirements are waived or modified by the Planning Commission: [Amended 04/07/09 by Ord. No. 09-02]

 A. Every such area where permitted shall be generally located in a wooded area or be screened either by a wooded area or by the natural topography and be at least 1,000 feet from any R Residence District, 500 feet from any existing dwelling on adjacent property, or officially designated federal or state numbered highway or county road designated as a primary or secondary highway on the Official Major Road Plan of Carroll County, 100 feet from any other public road, and 50 feet from any property line in any case.

 B. Each campsite shall have an area of at least 2,000 square feet including parking space for one car, and no camp site shall be closer than 100 feet to any property line. The campsites, together with any nonaccessory buildings, shall not occupy in the aggregate more than 35% of the gross area of the designated camping area. [Amended 04/07/09 by Ord. No. 09-02]

 C. An adequate water supply having the approval of the Carroll County Health Department shall be provided at one or more convenient locations in every camping  area, not less than 150 feet from every site. [Amended 04/07/09 by Ord. No. 09-02]

 D. Sanitary toilet facilities approved by the Health Department shall be provided not more than 600 feet from any site, and if not of a flush-type connection with a sewage disposal unit, such disposal facilities shall be at least 200 feet from all campsites.

 E. Showers or other commonly accepted bathing facilities shall be provided at a ratio of 4 (2 for men, 2 for women) per 30 campsites at one or more locations, provided that the Planning Commission may waive this requirement when the camping area is of a small primitive type and contains less than 15 campsites. [Amended 04/07/09 by Ord. No. 09-02] 

 F. Sanitary receptacles for the collection and storage of refuse shall be provided at convenient locations to be emptied regularly and the contents disposed of in a sanitary manner.

 G. No vehicular entrance to or exit from any camping area containing more than 15 individual campsites shall be located within 400 feet along the roads of any school, religious establishment, or any institution for children or dependents. [Amended 04/07/09 by Ord. No. 09-02] 

 H. No retail business or merchandising other than that which is subordinate to the operation of the camping areas and intended only for its occupants shall be permitted.

 I.  (Reserved) [Deleted 04/07/09 by Ord. No. 09-02] 

§ 223-172. (Reserved)

[Deleted 04/07/09 by Ord. No. 09-02]

§ 223-173. Standards.

[Amended 04/07/09 by Ord. No. 09-02]

 A. Access points. Provision for separating entering and exiting traffic shall be by means of a grassed median or island-type arrangement, unless owing to exceptional or unusual topographic conditions the Planning Commission agrees to an alternate method. [Amended 04/07/09 by Ord. No. 09-02] 

 B. Camping area road/drives. Provision shall be made to limit 2-way traffic whenever possible; where necessary, such roads should be a minimum width of 25 feet. One-way roads and drives should be a minimum of 12 feet in width. All roads and drives shall be designed with regard to the topography and constructed and stabilized to withstand all weather, with dust controlled wherever possible. [Amended 04/07/09 by Ord. No. 09-02] 

 C. Clearing. This activity shall be strictly limited in order to retain as much natural cover as possible.  In this connection, provision shall be made for stable and level areas or pads on each individual site to safely accommodate camping vehicles and facilities. [Amended 04/07/09 by Ord. No. 09-02]

 D. Campsite arrangements. Campsites shall be arranged along loop, horseshoe, or daisy-type drives in order to promote the maximum amount of privacy possible to the individual campsite unless an alternate method can be clearly demonstrated to carry out the objective of maximum privacy and adequate design. Open space areas shall effectively separate groups of campsites (usually not exceeding 30) from one another. Each individual campsite shall be numbered and clearly marked on a concrete, redwood, or other acceptable permanent marker and correspond with any approved site development plan.

 E. Fencing and screening. This shall be provided wherever necessary and needed by virtue of topographic or other conditions.

 F. Fire control. In addition to any requirements of state or county fire laws, a fire control plan shall be outlined and submitted for the Planning Commission's review and consideration. In addition, the site development plan shall indicate fire pits to be provided and designed to discourage indiscriminate fire building throughout the camping area. [Amended 04/07/09 by Ord. No. 09-02]

 G. Site development plan. Any new commercial camping area or any expansion or modification of an existing commercial camping area shall be subject to the requirements of § 103-19 and the Development Review Manual. [Amended 04/07/09 by Ord. No. 09-02]

ARTICLE XXV, Villages of Historic Importance

§ 223-174. Purpose. 

The intent of this designation is to recognize a town or village as historically important. No parallels exist between this designation and any other historic preservation program. No historic district commissions will be created nor precluded from being created as a result of applying this designation, and no property owners' rights within the designated area will be affected in any way as a result of this designation. Alterations, conversions, or demolition procedures and regulations are in no way affected by the inclusion of land within this designation.

§ 223-175. Designation procedure. 

[Amended 04/07/09 by Ord. No. 09-02]

 A. Nominations in writing may be made by a municipality, the Carroll County Historical Society, the Carroll County Planning and Zoning Commission, the Carroll County Historic Preservation Commission, a local citizen group, or heritage committee. [Amended 04/07/09 by Ord. No. 09-02]

 B. In submitting a nomination, the applicant shall delineate a boundary for the designation which follows distinguishable physical land features (e.g., roads, fence lines, hedge rows, streams, property lines, easements, or other landmarks).

 C. The Planning and Zoning Commission staff will prepare a report following a field investigation and study upon the receipt of a nomination and present the report to the Planning and Zoning Commission for its consideration.

 D. Prior to making a determination and recommendation the Planning and Zoning Commission shall consider the following:

(1) The number and location of identifiable historic structures and properties and their architectural significance.

(2) Any and all information and documentation that has been provided by the Carroll County Historic Preservation Commission together with the Planning and Zoning Commission assessments as to the nomination's historic importance and its recommendation on the nomination. [Amended 04/07/09 by Ord. No. 09-02]

(3) The location of the proposed boundary and its placement with respect to existing historical structures. 

 E. In making recommendations to the Board regarding the location of any boundary for an area being considered for a Village of Historic Importance designation, only that area which the Planning and Zoning Commission deems to be reasonably and rationally related to the historic structures and properties which form the historic area shall be included.

 F. The Planning and Zoning Commission may recommend approval, approval with modifications, or disapproval of a nomination to the Board.

 G. Upon receipt of the Planning and Zoning Commission's recommendation, the Board will hold a public hearing on the nomination, together with the report and recommendation of the Planning and Zoning Commission. All property owners within or contiguous to the boundary of any area under consideration will be notified by first-class mail of the date and time of public hearing by the applicant for the Village of Historic Importance designation on forms provided by the county.

 H. The Board, following public hearing and review, will render a decision as to whether to designate a Village of Historic Importance and make a final determination on the location of the boundaries which form the designation. Any approved designation shall be adopted as an amendment to the Carroll County Master Plan, and the boundary of such designation shall be accurately represented on the County Zoning Map to enable a determination of any applicable distance requirement pursuant to § 223-143B(3)(a).

ARTICLE XXVI, Exceptions and Modifications

§ 223-176. Applicability.

[Amended 04/07/09 by Ord. No. 09-02]

The regulations specified in this chapter and Chapter 103 shall be subject to the following exceptions, modifications, and interpretations.

§ 223-177. Lot area modification.